SB 327

As Introduced
136th General Assembly
   Regular Session  S. B. No. 327
       2025-2026
  Senator Cutrona
  To amend sections 149.43, 3503.13, and 3503.153 of  1
  the Revised Code to enact the Protecting Elected        2
  Officials Against Coercion and Extremism (PEACE)        3
  Act to generally prohibit the disclosure of an  4
  elected official's residential and familial  5
  information under the Public Records Law.  6
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
     Section 1. That sections 149.43, 3503.13, and 3503.153 of  7
the Revised Code be amended to read as follows:  8
     Sec. 149.43. (A) As used in this section:  9
     (1) "Public record" means records kept by any public  10
office, including, but not limited to, state, county, city,  11
village, township, and school district units, and records  12
pertaining to the delivery of educational services by an  13
alternative school in this state kept by the nonprofit or for-  14
profit entity operating the alternative school pursuant to  15
section 3313.533 of the Revised Code. "Public record" does not  16
mean any of the following:  17
     (a) Medical records;  18
     (b) Records pertaining to probation and parole  19
proceedings, to proceedings related to the imposition of  20
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As Introduced
community control sanctions and post-release control sanctions,  21
or to proceedings related to determinations under section  22
2967.271 of the Revised Code regarding the release or maintained  23
incarceration of an offender to whom that section applies;  24
       (c) Records pertaining to actions under section 2151.85  25
and division (C) of section 2919.121 of the Revised Code and to  26
appeals of actions arising under those sections;  27
       (d) Records pertaining to adoption proceedings, including  28
the contents of an adoption file maintained by the department of  29
health under sections 3705.12 to 3705.124 of the Revised Code;  30
       (e) Information in a record contained in the putative  31
father registry established by section 3107.062 of the Revised  32
Code, regardless of whether the information is held by the  33
department of children and youth or, pursuant to section 3111.69  34
of the Revised Code, the office of child support in the  35
department of job and family services or a child support  36
enforcement agency;  37
       (f) Records specified in division (A) of section 3107.52  38
of the Revised Code;  39
       (g) Trial preparation records, prior to the conclusion of  40
all direct appeals or, if no appeal is filed, prior to the  41
expiration of the time during which an appeal may be filed, or,  42
if no trial has occurred, until the civil or criminal action or  43
proceeding has ended without the possibility of direct appeal or  44
each agency, office, or official responsible for the matter has  45
made a decision not to proceed with the matter;  46
       (h) Confidential law enforcement investigatory records;  47
       (i) Records containing information that is confidential  48
under section 2710.03 or 4112.05 of the Revised Code;  49
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As Introduced
       (j) DNA records stored in the DNA database pursuant to  50
section 109.573 of the Revised Code;  51
       (k) Inmate records under section 5120.21 of the Revised  52
Code, except for permitted disclosure of the information listed  53
in division (E)(1) of that section;  54
       (l) Records maintained by the department of youth services  55
pertaining to children in its custody released by the department  56
of youth services to the department of rehabilitation and  57
correction pursuant to section 5139.05 of the Revised Code;  58
       (m) Intellectual property records;  59
       (n) Donor profile records;  60
       (o) Records maintained by the department of job and family  61
services pursuant to section 3121.894 of the Revised Code;  62
       (p) Designated public service worker residential and  63
familial information;  64
       (q) In the case of a county hospital operated pursuant to  65
Chapter 339. of the Revised Code or a municipal hospital  66
operated pursuant to Chapter 749. of the Revised Code,  67
information that constitutes a trade secret, as defined in  68
section 1333.61 of the Revised Code;  69
       (r) Information pertaining to the recreational activities  70
of a person under the age of eighteen;  71
       (s) In the case of a child fatality review board acting  72
under sections 307.621 to 307.629 of the Revised Code or a  73
review conducted pursuant to guidelines established by the  74
director of health under section 3701.70 of the Revised Code,  75
records provided to the board or director, statements made by  76
board members during meetings of the board or by persons  77
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participating in the director's review, and all work products of  78
the board or director, and in the case of a child fatality  79
review board, child fatality review data submitted by the board  80
to the department of health or a national child death review  81
database, other than the report prepared pursuant to division  82
(A) of section 307.626 of the Revised Code;  83
       (t) Records provided to and statements made by the  84
executive director of a public children services agency or a  85
prosecuting attorney acting pursuant to section 5153.171 of the  86
Revised Code other than the information released under that  87
section;  88
       (u) Test materials, examinations, or evaluation tools used  89
in an examination for licensure as a nursing home administrator  90
that the board of executives of long-term services and supports  91
administers under section 4751.15 of the Revised Code or  92
contracts under that section with a private or government entity  93
to administer;  94
       (v) Records the release of which is prohibited by state or  95
federal law;  96
       (w) Proprietary information of or relating to any person  97
that is submitted to or compiled by the Ohio venture capital  98
authority created under section 150.01 of the Revised Code;  99
       (x) Financial statements and data any person submits for  100
any purpose to the Ohio housing finance agency or the  101
controlling board in connection with applying for, receiving, or  102
accounting for financial assistance from the agency, and  103
information that identifies any individual who benefits directly  104
or indirectly from financial assistance from the agency;  105
       (y) Records listed in section 5101.29 of the Revised Code;  106
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       (z) Discharges recorded with a county recorder under  107
section 317.24 of the Revised Code, as specified in division (B)  108
(2) of that section;  109
       (aa) Usage information including names and addresses of  110
specific residential and commercial customers of a municipally  111
owned or operated public utility;  112
       (bb) Records described in division (C) of section 187.04  113
of the Revised Code that are not designated to be made available  114
to the public as provided in that division;  115
       (cc) Information and records that are made confidential,  116
privileged, and not subject to disclosure under divisions (B)  117
and (C) of section 2949.221 of the Revised Code;  118
       (dd) Personal information, as defined in section 149.45 of  119
the Revised Code;  120
       (ee) The confidential name, address, and other personally  121
identifiable information of a program participant in the address  122
confidentiality program established under sections 111.41 to  123
111.47 of the Revised Code, including the contents of any  124
application for absent voter's ballots, absent voter's ballot  125
identification envelope statement of voter, or provisional  126
ballot affirmation completed by a program participant who has a  127
confidential voter registration record; records or portions of  128
records pertaining to that program that identify the number of  129
program participants that reside within a precinct, ward,  130
township, municipal corporation, county, or any other geographic  131
area smaller than the state; and any real property  132
confidentiality notice filed under section 111.431 of the  133
Revised Code and the information described in division (C) of  134
that section. As used in this division, "confidential address"  135
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and "program participant" have the meaning defined in section  136
111.41 of the Revised Code.  137
       (ff) Orders for active military service of an individual  138
serving or with previous service in the armed forces of the  139
United States, including a reserve component, or the Ohio  140
organized militia, except that, such order becomes a public  141
record on the day that is fifteen years after the published date  142
or effective date of the call to order;  143
       (gg) The name, address, contact information, or other  144
personal information of an individual who is less than eighteen  145
years of age that is included in any record related to a traffic  146
accident involving a school vehicle in which the individual was  147
an occupant at the time of the accident;  148
       (hh) Protected health information, as defined in 45 C.F.R.  149
160.103, that is in a claim for payment for a health care  150
product, service, or procedure, as well as any other health  151
claims data in another document that reveals the identity of an  152
individual who is the subject of the data or could be used to  153
reveal that individual's identity;  154
       (ii) Any depiction by photograph, film, videotape, or  155
printed or digital image under either of the following  156
circumstances:  157
       (i) The depiction is that of a victim of an offense the  158
release of which would be, to a reasonable person of ordinary  159
sensibilities, an offensive and objectionable intrusion into the  160
victim's expectation of bodily privacy and integrity.  161
       (ii) The depiction captures or depicts the victim of a  162
sexually oriented offense, as defined in section 2950.01 of the  163
Revised Code, at the actual occurrence of that offense.  164
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       (jj) Restricted portions of a body-worn camera or  165
dashboard camera recording;  166
       (kk) In the case of a fetal-infant mortality review board  167
acting under sections 3707.70 to 3707.77 of the Revised Code,  168
records, documents, reports, or other information presented to  169
the board or a person abstracting such materials on the board's  170
behalf, statements made by review board members during board  171
meetings, all work products of the board, and data submitted by  172
the board to the department of health or a national infant death  173
review database, other than the report prepared pursuant to  174
section 3707.77 of the Revised Code.  175
       (ll) Records, documents, reports, or other information  176
presented to the pregnancy-associated mortality review board  177
established under section 5180.27 of the Revised Code,  178
statements made by board members during board meetings, all work  179
products of the board, and data submitted by the board to the  180
department of health, other than the biennial reports prepared  181
under section 5180.277 of the Revised Code;  182
       (mm) Except as otherwise provided in division (A)(1)(oo)  183
of this section, telephone numbers for a victim, as defined in  184
section 2930.01 of the Revised Code or a witness to a crime that  185
are listed on any law enforcement record or report.  186
       (nn) A preneed funeral contract, as defined in section  187
4717.01 of the Revised Code, and contract terms and personally  188
identifying information of a preneed funeral contract, that is  189
contained in a report submitted by or for a funeral home to the  190
board of embalmers and funeral directors under division (C) of  191
section 4717.13, division (J) of section 4717.31, or section  192
4717.41 of the Revised Code.  193
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       (oo) Telephone numbers for a party to a motor vehicle  194
accident subject to the requirements of section 5502.11 of the  195
Revised Code that are listed on any law enforcement record or  196
report, except that the telephone numbers described in this  197
division are not excluded from the definition of "public record"  198
under this division on and after the thirtieth day after the  199
occurrence of the motor vehicle accident.  200
       (pp) Records pertaining to individuals who complete  201
training under section 5502.703 of the Revised Code to be  202
permitted by a school district board of education or governing  203
body of a community school established under Chapter 3314. of  204
the Revised Code, a STEM school established under Chapter 3326.  205
of the Revised Code, or a chartered nonpublic school to convey  206
deadly weapons or dangerous ordnance into a school safety zone;  207
       (qq) Records, documents, reports, or other information  208
presented to a domestic violence fatality review board  209
established under section 307.651 of the Revised Code,  210
statements made by board members during board meetings, all work  211
products of the board, and data submitted by the board to the  212
department of health, other than a report prepared pursuant to  213
section 307.656 of the Revised Code;  214
       (rr) Records, documents, and information the release of  215
which is prohibited under sections 2930.04 and 2930.07 of the  216
Revised Code;  217
       (ss) Records of an existing qualified nonprofit  218
corporation that creates a special improvement district under  219
Chapter 1710. of the Revised Code that do not pertain to a  220
purpose for which the district is created;  221
       (tt) Educational support services data, as defined in  222
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As Introduced
section 3319.325 of the Revised Code;  223
       (uu) Records of the past, current, and future work  224
schedule of a designated public service worker. As used in  225
division (A)(1)(uu) of this section, "work schedule" does not  226
include the docket of cases of a court, judge, or magistrate; or  227
any entry on the public calendar of an elected official that is  228
for any date that is on or before the date the record is  229
requested.  230
       (vv) A request form or confirmation letter submitted to a  231
public office under section 149.45 of the Revised Code;  232
       (ww) An affidavit or confirmation letter submitted under  233
section 319.28 of the Revised Code;  234
       (xx) License or certificate application or renewal  235
responses and supporting documentation submitted to the state  236
medical board regarding an applicant's, or a license or  237
certificate holder's, inability to practice according to  238
acceptable and prevailing standards of care by reason of a  239
medical condition;  240
       (yy) Images and data captured by an automated license  241
plate recognition system that are maintained in a law  242
enforcement database;  243
       (zz) Attorney work product record;  244
       (aaa) Any entry on the public calendar of an elected  245
official that is for any date that is after the date the record  246
is requested;  247
       (bbb) Records pertaining to burial sites under section  248
149.3010 of the Revised Code.  249
       A record that is not a public record under division (A)(1)  250
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As Introduced
of this section and that, under law, is permanently retained  251
becomes a public record on the day that is seventy-five years  252
after the day on which the record was created, or in the case of  253
a record that is not a public record under division (A)(1)(uu)  254
of this section that is retained, three years after the day on  255
which the record was created, except for any record protected by  256
the attorney-client privilege, a trial preparation record as  257
defined in this section, a statement prohibiting the release of  258
identifying information signed under section 3107.083 of the  259
Revised Code, a denial of release form filed pursuant to section  260
3107.46 of the Revised Code, records pertaining to burial sites  261
under section 149.3010 of the Revised Code, or any record that  262
is exempt from release or disclosure under section 149.433 of  263
the Revised Code. If the record is a birth certificate and a  264
biological parent's name redaction request form has been  265
accepted under section 3107.391 of the Revised Code, the name of  266
that parent shall be redacted from the birth certificate before  267
it is released under this paragraph. If any other section of the  268
Revised Code establishes a time period for disclosure of a  269
record that conflicts with the time period specified in this  270
section, the time period in the other section prevails.  271
       (2)(a) "Confidential law enforcement investigatory record"  272
means any record that pertains to a law enforcement matter of a  273
criminal, quasi-criminal, civil, or administrative nature, but  274
only to the extent that the release of the record would create a  275
high probability of disclosure of any of the following:  276
       (i) The identity of a suspect who has not been charged  277
with the offense to which the record pertains, or of an  278
information source or witness to whom confidentiality has been  279
reasonably promised;  280
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       (ii) Information provided by an information source or  281
witness to whom confidentiality has been reasonably promised,  282
which information would reasonably tend to disclose the source's  283
or witness's identity;  284
       (iii) Specific confidential investigatory techniques or  285
procedures or specific investigatory work product;  286
       (iv) Information that would endanger the life or physical  287
safety of law enforcement personnel, a crime victim, a witness,  288
or a confidential information source.  289
       (b) As used in divisions (A)(2) and (18) (17) of this  290
section, "specific investigatory work product" means information  291
assembled by law enforcement officials in connection with a  292
probable or pending criminal or civil proceeding, with the  293
exception of routine incident reports. "Specific investigatory  294
work product" is not a public record prior to the conclusion of  295
all direct appeals, or, if no appeal is filed, prior to the  296
expiration of the time during which an appeal may be filed, or,  297
if no trial has occurred, until the criminal or civil proceeding  298
has ended without possibility of direct appeal or each agency,  299
office, or official responsible for the matter has made a  300
decision not to proceed with the matter.  301
       (3) "Medical record" means any document or combination of  302
documents, except births, deaths, and the fact of admission to  303
or discharge from a hospital, that pertains to the medical  304
history, diagnosis, prognosis, or medical condition of a patient  305
and that is generated and maintained in the process of medical  306
treatment.  307
       (4) "Trial preparation record" means any record created by  308
or for another party or by or for that party's representative,  309
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As Introduced
in reasonable anticipation of, or in defense of, a civil or  310
criminal action or proceeding, that is not a confidential law  311
enforcement investigatory record or attorney work product record  312
and that contains factual information that is specifically  313
compiled for that civil or criminal action or proceeding.  314
       (5) "Intellectual property record" means a record, other  315
than a financial or administrative record, that is produced or  316
collected by or for faculty or staff of a state institution of  317
higher learning in the conduct of or as a result of study or  318
research on an educational, commercial, scientific, artistic,  319
technical, or scholarly issue, regardless of whether the study  320
or research was sponsored by the institution alone or in  321
conjunction with a governmental body or private concern, and  322
that has not been publicly released, published, or patented.  323
       (6) "Donor profile record" means all records about donors  324
or potential donors to a public institution of higher education  325
except the names and reported addresses of the actual donors and  326
the date, amount, and conditions of the actual donation.  327
       (7) "Designated public service worker" means a peace  328
officer, parole officer, probation officer, bailiff, prosecuting  329
attorney, elected official, assistant prosecuting attorney,  330
correctional employee, county or multicounty corrections  331
officer, community-based correctional facility employee,  332
designated Ohio national guard member, protective services  333
worker, youth services employee, firefighter, EMT, medical  334
director or member of a cooperating physician advisory board of  335
an emergency medical service organization, state board of  336
pharmacy employee, investigator of the bureau of criminal  337
identification and investigation, emergency service  338
telecommunicator, forensic mental health provider, mental health  339
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As Introduced
evaluation provider, regional psychiatric hospital employee,  340
judge, magistrate, or federal law enforcement officer.  341
       (8) "Designated public service worker residential and  342
familial information" means any information that discloses any  343
of the following about a designated public service worker:  344
       (a) The address of the actual personal residence of a  345
designated public service worker, except for the following  346
information:  347
       (i) The address of the actual personal residence of a  348
prosecuting attorney or judge; and  349
       (ii) The state or political subdivision in which a  350
designated public service worker resides.  351
       (b) Information compiled from referral to or participation  352
in an employee assistance program;  353
       (c) The social security number, the residential telephone  354
number, any bank account, debit card, charge card, or credit  355
card number, or the emergency telephone number of, or any  356
medical information pertaining to, a designated public service  357
worker;  358
       (d) The name of any beneficiary of employment benefits,  359
including, but not limited to, life insurance benefits, provided  360
to a designated public service worker by the designated public  361
service worker's employer;  362
       (e) The identity and amount of any charitable or  363
employment benefit deduction made by the designated public  364
service worker's employer from the designated public service  365
worker's compensation, unless the amount of the deduction is  366
required by state or federal law;  367
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As Introduced
       (f) The name, the residential address, the name of the  368
employer, the address of the employer, the social security  369
number, the residential telephone number, any bank account,  370
debit card, charge card, or credit card number, or the emergency  371
telephone number of the spouse, a former spouse, or any child of  372
a designated public service worker;  373
       (g) A photograph of a peace officer who holds a position  374
or has an assignment that may include undercover or plain  375
clothes positions or assignments as determined by the peace  376
officer's appointing authority.  377
       (9) As used in divisions (A)(7) and (15) (14) to (17) (16)  378
of this section:  379
       "Peace officer" has the meaning defined in section 109.71  380
of the Revised Code and also includes the superintendent and  381
troopers of the state highway patrol; it does not include the  382
sheriff of a county or a supervisory employee who, in the  383
absence of the sheriff, is authorized to stand in for, exercise  384
the authority of, and perform the duties of the sheriff.  385
       "Correctional employee" means any employee of the  386
department of rehabilitation and correction who in the course of  387
performing the employee's job duties has or has had contact with  388
inmates and persons under supervision.  389
       "County or multicounty corrections officer" means any  390
corrections officer employed by any county or multicounty  391
correctional facility.  392
       "Designated Ohio national guard member" means a member of  393
the Ohio national guard who is participating in duties related  394
to remotely piloted aircraft, including, but not limited to,  395
pilots, sensor operators, and mission intelligence personnel,  396
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As Introduced
duties related to special forces operations, or duties related  397
to cybersecurity, and is designated by the adjutant general as a  398
designated public service worker for those purposes.  399
       "Protective services worker" means any employee of a  400
county agency who is responsible for child protective services,  401
child support services, or adult protective services.  402
       "Youth services employee" means any employee of the  403
department of youth services who in the course of performing the  404
employee's job duties has or has had contact with children  405
committed to the custody of the department of youth services.  406
       "Firefighter" means any regular, paid or volunteer, member  407
of a lawfully constituted fire department of a municipal  408
corporation, township, fire district, or village.  409
       "EMT" means EMTs-basic, EMTs-I, and paramedics that  410
provide emergency medical services for a public emergency  411
medical service organization. "Emergency medical service  412
organization," "EMT-basic," "EMT-I," and "paramedic" have the  413
meanings defined in section 4765.01 of the Revised Code.  414
       "Investigator of the bureau of criminal identification and  415
investigation" has the meaning defined in section 2903.11 of the  416
Revised Code.  417
       "Emergency service telecommunicator" means an individual  418
employed by an emergency service provider as defined under  419
section 128.01 of the Revised Code, whose primary responsibility  420
is to be an operator for the receipt or processing of calls for  421
emergency services made by telephone, radio, or other electronic  422
means.  423
       "Forensic mental health provider" means any employee of a  424
community mental health service provider or local alcohol, drug  425
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As Introduced
addiction, and mental health services board who, in the course  426
of the employee's duties, has contact with persons committed to  427
a local alcohol, drug addiction, and mental health services  428
board by a court order pursuant to section 2945.38, 2945.39,  429
2945.40, or 2945.402 of the Revised Code.  430
        "Mental health evaluation provider" means an individual  431
who, under Chapter 5122. of the Revised Code, examines a  432
respondent who is alleged to be a mentally ill person subject to  433
court order, as defined in section 5122.01 of the Revised Code,  434
and reports to the probate court the respondent's mental  435
condition.  436
        "Regional psychiatric hospital employee" means any  437
employee of the department of mental health and addiction  438
services who, in the course of performing the employee's duties,  439
has contact with patients committed to the department of mental  440
health and addiction services by a court order pursuant to  441
section 2945.38, 2945.39, 2945.40, or 2945.402 of the Revised  442
Code.  443
        "Federal law enforcement officer" has the meaning defined  444
in section 9.88 of the Revised Code.  445
        (10) "Information pertaining to the recreational  446
activities of a person under the age of eighteen" means  447
information that is kept in the ordinary course of business by a  448
public office, that pertains to the recreational activities of a  449
person under the age of eighteen years, and that discloses any  450
of the following:  451
        (a) The address or telephone number of a person under the  452
age of eighteen or the address or telephone number of that  453
person's parent, guardian, custodian, or emergency contact  454
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person;  455
       (b) The social security number, birth date, or  456
photographic image of a person under the age of eighteen;  457
       (c) Any medical record, history, or information pertaining  458
to a person under the age of eighteen;  459
       (d) Any additional information sought or required about a  460
person under the age of eighteen for the purpose of allowing  461
that person to participate in any recreational activity  462
conducted or sponsored by a public office or to use or obtain  463
admission privileges to any recreational facility owned or  464
operated by a public office.  465
       (11) "Community control sanction" has the meaning defined  466
in section 2929.01 of the Revised Code.  467
       (12) "Post-release control sanction" has the meaning  468
defined in section 2967.01 of the Revised Code.  469
       (13) "Redaction" means obscuring or deleting any  470
information that is exempt from the duty to permit public  471
inspection or copying from an item that otherwise meets the  472
definition of a "record" in section 149.011 of the Revised Code.  473
       (14) "Designee," "elected official," and "future official"  474
have the meanings defined in section 109.43 of the Revised Code.  475
       (15) "Body-worn camera" means a visual and audio recording  476
device worn on the person of a correctional employee, youth  477
services employee, or peace officer while the correctional  478
employee, youth services employee, or peace officer is engaged  479
in the performance of official duties.  480
       (16) (15) "Dashboard camera" means a visual and audio  481
recording device mounted on a peace officer's vehicle or vessel  482
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As Introduced
that is used while the peace officer is engaged in the  483
performance of the peace officer's duties.  484
       (17) (16) "Restricted portions of a body-worn camera or  485
dashboard camera recording" means any visual or audio portion of  486
a body-worn camera or dashboard camera recording that shows,  487
communicates, or discloses any of the following:  488
       (a) The image or identity of a child or information that  489
could lead to the identification of a child who is a primary  490
subject of the recording when the department of rehabilitation  491
and correction, department of youth services, or the law  492
enforcement agency knows or has reason to know the person is a  493
child based on the department's or law enforcement agency's  494
records or the content of the recording;  495
       (b) The death of a person or a deceased person's body,  496
unless the death was caused by a correctional employee, youth  497
services employee, or peace officer or, subject to division (H)  498
(1) of this section, the consent of the decedent's executor or  499
administrator has been obtained;  500
       (c) The death of a correctional employee, youth services  501
employee, peace officer, firefighter, paramedic, or other first  502
responder, occurring while the decedent was engaged in the  503
performance of official duties, unless, subject to division (H)  504
(1) of this section, the consent of the decedent's executor or  505
administrator has been obtained;  506
       (d) Grievous bodily harm, unless the injury was effected  507
by a correctional employee, youth services employee, or peace  508
officer or, subject to division (H)(1) of this section, the  509
consent of the injured person or the injured person's guardian  510
has been obtained;  511
S. B. No. 327  Page 19
As Introduced
       (e) An act of severe violence against a person that  512
results in serious physical harm to the person, unless the act  513
and injury was effected by a correctional employee, youth  514
services employee, or peace officer or, subject to division (H)  515
(1) of this section, the consent of the injured person or the  516
injured person's guardian has been obtained;  517
       (f) Grievous bodily harm to a correctional employee, youth  518
services employee, peace officer, firefighter, paramedic, or  519
other first responder, occurring while the injured person was  520
engaged in the performance of official duties, unless, subject  521
to division (H)(1) of this section, the consent of the injured  522
person or the injured person's guardian has been obtained;  523
       (g) An act of severe violence resulting in serious  524
physical harm against a correctional employee, youth services  525
employee, peace officer, firefighter, paramedic, or other first  526
responder, occurring while the injured person was engaged in the  527
performance of official duties, unless, subject to division (H)  528
(1) of this section, the consent of the injured person or the  529
injured person's guardian has been obtained;  530
       (h) A person's nude body, unless, subject to division (H)  531
(1) of this section, the person's consent has been obtained;  532
       (i) Protected health information, the identity of a person  533
in a health care facility who is not the subject of a  534
correctional, youth services, or law enforcement encounter, or  535
any other information in a health care facility that could  536
identify a person who is not the subject of a correctional,  537
youth services, or law enforcement encounter;  538
       (j) Information that could identify the alleged victim of  539
a sex offense, menacing by stalking, or domestic violence;  540
S. B. No. 327  Page 20
As Introduced
       (k) Information, that does not constitute a confidential  541
law enforcement investigatory record, that could identify a  542
person who provides sensitive or confidential information to the  543
department of rehabilitation and correction, the department of  544
youth services, or a law enforcement agency when the disclosure  545
of the person's identity or the information provided could  546
reasonably be expected to threaten or endanger the safety or  547
property of the person or another person;  548
       (l) Personal information of a person who is not arrested,  549
cited, charged, or issued a written warning by a peace officer;  550
       (m) Proprietary correctional, youth services, or police  551
contingency plans or tactics that are intended to prevent crime  552
and maintain public order and safety;  553
       (n) A personal conversation unrelated to work between  554
correctional employees, youth services employees, or peace  555
officers or between a correctional employee, youth services  556
employee, or peace officer and an employee of a law enforcement  557
agency;  558
       (o) A conversation between a correctional employee, youth  559
services employee, or peace officer and a member of the public  560
that does not concern correctional, youth services, or law  561
enforcement activities;  562
       (p) The interior of a residence, unless the interior of a  563
residence is the location of an adversarial encounter with, or a  564
use of force by, a correctional employee, youth services  565
employee, or peace officer;  566
       (q) Any portion of the interior of a private business that  567
is not open to the public, unless an adversarial encounter with,  568
or a use of force by, a correctional employee, youth services  569
S. B. No. 327  Page 21
As Introduced
employee, or peace officer occurs in that location.  570
       As used in division (A)(17) (A)(16) of this section:  571
       "Grievous bodily harm" has the same meaning as in section  572
5924.120 of the Revised Code.  573
       "Health care facility" has the same meaning as in section  574
1337.11 of the Revised Code.  575
       "Protected health information" has the same meaning as in  576
45 C.F.R. 160.103.  577
       "Law enforcement agency" means a government entity that  578
employs peace officers to perform law enforcement duties.  579
       "Personal information" means any government-issued  580
identification number, date of birth, address, financial  581
information, or criminal justice information from the law  582
enforcement automated data system or similar databases.  583
       "Sex offense" has the same meaning as in section 2907.10  584
of the Revised Code.  585
       "Firefighter," "paramedic," and "first responder" have the  586
same meanings as in section 4765.01 of the Revised Code.  587
       (18) (17) "Attorney work product record" means a record  588
that is not specific investigatory work product or a trial  589
preparation record and that is created by an attorney, or by the  590
agent of an attorney, in reasonable anticipation of or for  591
litigation, trial, or administrative proceedings, when acting in  592
an official capacity on behalf of the state, a political  593
subdivision of the state, a state agency, a public official, or  594
a public employee, that documents the independent thought  595
processes, mental impressions, legal theories, strategies,  596
analysis, or reasoning of an attorney or the agent of an  597
S. B. No. 327  Page 22
As Introduced
attorney.  598
       (19) "Elected (18) Except as otherwise provided in  599
division (E)(1) of this section, "elected official" means a  600
person who is elected or appointed to an elective office of the  601
state or a political subdivision.  602
       (20) (19) "Public calendar" means a calendar or  603
appointment book maintained by an elected official to schedule  604
the elected official's activities in relation to the elected  605
official's position as an elected official. "Public calendar"  606
does not include a personal calendar or appointment book  607
maintained solely for an elected official's personal convenience  608
that does not serve to document the elected official's official  609
activities or functions or the official activities or functions  610
of the elected official's public office.  611
       (B)(1) Upon request by any person and subject to division  612
(B)(8) of this section, all public records responsive to the  613
request shall be promptly prepared and made available for  614
inspection to the requester at all reasonable times during  615
regular business hours. Subject to division (B)(8) of this  616
section, upon request by any person, a public office or person  617
responsible for public records shall make copies of the  618
requested public record available to the requester at cost and  619
within a reasonable period of time.  620
       When considering whether a state or local law enforcement  621
agency or a prosecuting attorney's office promptly prepared a  622
video record for inspection or produced a copy of a video record  623
within a reasonable period of time, in addition to any other  624
factors, a court shall consider the time required for a state or  625
local law enforcement agency or a prosecuting attorney's office  626
to retrieve, download, review, redact, seek legal advice  627
S. B. No. 327  Page 23
As Introduced
regarding, and produce the video record. Except as specified in  628
division (B)(11) of this section, notwithstanding any other  629
requirement set forth in Chapter 149. of the Revised Code, a  630
state or local law enforcement agency or a prosecuting  631
attorney's office may charge a requester the actual cost  632
associated with preparing a video record for inspection or  633
production, not to exceed seventy-five dollars per hour of video  634
produced, nor seven hundred fifty dollars total. As used in this  635
division, "actual cost," with respect to video records only,  636
means all costs incurred by the state or local law enforcement  637
agency or a prosecuting attorney's office in reviewing, blurring  638
or otherwise obscuring, redacting, uploading, or producing the  639
video records, including but not limited to the storage medium  640
on which the record is produced, staff time, and any other  641
relevant overhead necessary to comply with the request. A state  642
or local law enforcement agency or a prosecuting attorney's  643
office may include in its public records policy the requirement  644
that a requester pay the estimated actual cost before beginning  645
the process of preparing a video record for inspection or  646
production. Where a state or local law enforcement agency or a  647
prosecuting attorney's office imposes such a requirement, its  648
obligation to produce a video or make it available for  649
inspection begins once the estimated actual cost is paid in full  650
by the requester. A state or local law enforcement agency or a  651
prosecuting attorney's office shall provide the requester with  652
the estimated actual cost within five business days of receipt  653
of the public records request. If the actual cost exceeds the  654
estimated actual cost, a state or local law enforcement agency  655
or a prosecuting attorney's office may charge a requester for  656
the difference upon fulfilling a request for video records if  657
the requester is notified in advance that the actual cost may be  658
up to twenty per cent higher than the estimated actual cost. A  659
S. B. No. 327  Page 24
As Introduced
state or local law enforcement agency or a prosecuting  660
attorney's office shall not charge a requester a difference that  661
exceeds twenty per cent of the estimated actual cost.  662
       If a public record contains information that is exempt  663
from the duty to permit public inspection or to copy the public  664
record, the public office or the person responsible for the  665
public record shall make available all of the information within  666
the public record that is not exempt. When making that public  667
record available for public inspection or copying that public  668
record, the public office or the person responsible for the  669
public record shall notify the requester of any redaction or  670
make the redaction plainly visible. A redaction shall be deemed  671
a denial of a request to inspect or copy the redacted  672
information, except if federal or state law authorizes or  673
requires a public office to make the redaction. When the auditor  674
of state receives a request to inspect or to make a copy of a  675
record that was provided to the auditor of state for purposes of  676
an audit, but the original public office has asserted to the  677
auditor of state that the record is not a public record, the  678
auditor of state may handle the requests by directing the  679
requestor to the original public office that provided the record  680
to the auditor of state.  681
       (2) To facilitate broader access to public records, a  682
public office or the person responsible for public records shall  683
organize and maintain public records in a manner that they can  684
be made available for inspection or copying in accordance with  685
division (B) of this section. A public office also shall have  686
available a copy of its current records retention schedule at a  687
location readily available to the public. If a requester makes  688
an ambiguous or overly broad request or has difficulty in making  689
a request for copies or inspection of public records under this  690
S. B. No. 327  Page 25
As Introduced
section such that the public office or the person responsible  691
for the requested public record cannot reasonably identify what  692
public records are being requested, the public office or the  693
person responsible for the requested public record may deny the  694
request but shall provide the requester with an opportunity to  695
revise the request by informing the requester of the manner in  696
which records are maintained by the public office and accessed  697
in the ordinary course of the public office's or person's  698
duties.  699
       (3) If a request is ultimately denied, in part or in  700
whole, the public office or the person responsible for the  701
requested public record shall provide the requester with an  702
explanation, including legal authority, setting forth why the  703
request was denied. If the initial request was provided in  704
writing, the explanation also shall be provided to the requester  705
in writing. The explanation shall not preclude the public office  706
or the person responsible for the requested public record from  707
relying upon additional reasons or legal authority in defending  708
an action commenced under division (C) of this section.  709
       (4) Unless specifically required or authorized by state or  710
federal law or in accordance with division (B) of this section,  711
no public office or person responsible for public records may  712
limit or condition the availability of public records by  713
requiring disclosure of the requester's identity or the intended  714
use of the requested public record. Any requirement that the  715
requester disclose the requester's identity or the intended use  716
of the requested public record constitutes a denial of the  717
request.  718
       (5) A public office or person responsible for public  719
records may ask a requester to make the request in writing, may  720
S. B. No. 327  Page 26
As Introduced
ask for the requester's identity, and may inquire about the  721
intended use of the information requested, but may do so only  722
after disclosing to the requester that a written request is not  723
mandatory, that the requester may decline to reveal the  724
requester's identity or the intended use, and when a written  725
request or disclosure of the identity or intended use would  726
benefit the requester by enhancing the ability of the public  727
office or person responsible for public records to identify,  728
locate, or deliver the public records sought by the requester.  729
       (6) If any person requests a copy of a public record in  730
accordance with division (B) of this section, the public office  731
or person responsible for the public record may require the  732
requester to pay in advance the cost involved in providing the  733
copy of the public record in accordance with the choice made by  734
the requester under this division. The public office or the  735
person responsible for the public record shall permit the  736
requester to choose to have the public record duplicated upon  737
paper, upon the same medium upon which the public office or  738
person responsible for the public record keeps it, or upon any  739
other medium upon which the public office or person responsible  740
for the public record determines that it reasonably can be  741
duplicated as an integral part of the normal operations of the  742
public office or person responsible for the public record. When  743
the requester makes a choice under this division, the public  744
office or person responsible for the public record shall provide  745
a copy of it in accordance with the choice made by the  746
requester. Nothing in this section requires a public office or  747
person responsible for the public record to allow the requester  748
of a copy of the public record to make the copies of the public  749
record.  750
       (7)(a) Upon a request made in accordance with division (B)  751
S. B. No. 327  Page 27
As Introduced
of this section and subject to division (B)(6) of this section,  752
a public office or person responsible for public records shall  753
transmit a copy of a public record to any person by United  754
States mail or by any other means of delivery or transmission  755
within a reasonable period of time after receiving the request  756
for the copy. The public office or person responsible for the  757
public record may require the person making the request to pay  758
in advance the cost of postage if the copy is transmitted by  759
United States mail or the cost of delivery if the copy is  760
transmitted other than by United States mail, and to pay in  761
advance the costs incurred for other supplies used in the  762
mailing, delivery, or transmission.  763
       (b) Any public office may adopt a policy and procedures  764
that it will follow in transmitting, within a reasonable period  765
of time after receiving a request, copies of public records by  766
United States mail or by any other means of delivery or  767
transmission pursuant to division (B)(7) of this section. A  768
public office that adopts a policy and procedures under division  769
(B)(7) of this section shall comply with them in performing its  770
duties under that division.  771
       (c) In any policy and procedures adopted under division  772
(B)(7) of this section:  773
       (i) A public office may limit the number of records  774
requested by a person that the office will physically deliver by  775
United States mail or by another delivery service to ten per  776
month, unless the person certifies to the office in writing that  777
the person does not intend to use or forward the requested  778
records, or the information contained in them, for commercial  779
purposes;  780
       (ii) A public office that chooses to provide some or all  781
S. B. No. 327  Page 28
As Introduced
of its public records on a web site that is fully accessible to  782
and searchable by members of the public at all times, other than  783
during acts of God outside the public office's control or  784
maintenance, and that charges no fee to search, access,  785
download, or otherwise receive records provided on the web site,  786
may limit to ten per month the number of records requested by a  787
person that the office will deliver in a digital format, unless  788
the requested records are not provided on the web site and  789
unless the person certifies to the office in writing that the  790
person does not intend to use or forward the requested records,  791
or the information contained in them, for commercial purposes.  792
       (iii) For purposes of division (B)(7) of this section,  793
"commercial" shall be narrowly construed and does not include  794
reporting or gathering news, reporting or gathering information  795
to assist citizen oversight or understanding of the operation or  796
activities of government, or nonprofit educational research.  797
       (8) A public office or person responsible for public  798
records is not required to permit a person who is incarcerated  799
pursuant to a criminal conviction or a juvenile adjudication to  800
inspect or to obtain a copy of any public record concerning a  801
criminal investigation or prosecution or concerning what would  802
be a criminal investigation or prosecution if the subject of the  803
investigation or prosecution were an adult, unless the request  804
to inspect or to obtain a copy of the record is for the purpose  805
of acquiring information that is subject to release as a public  806
record under this section and the judge who imposed the sentence  807
or made the adjudication with respect to the person, or the  808
judge's successor in office, finds that the information sought  809
in the public record is necessary to support what appears to be  810
a justiciable claim of the person. As used in this division,  811
"public record concerning a criminal investigation or  812
S. B. No. 327  Page 29
As Introduced
prosecution or concerning what would be a criminal investigation  813
or prosecution if the subject of the investigation were an  814
adult" includes, but is not limited to, personnel files and  815
payroll and attendance records of designated public service  816
workers.  817
       (9)(a) Upon Except as otherwise provided in division (B)  818
(9)(b) of this section with respect to an elected official, upon  819
written request made and signed by a journalist, a public  820
office, or person responsible for public records, having custody  821
of the records of the agency employing a specified designated  822
public service worker shall disclose to the journalist the  823
address of the actual personal residence of the designated  824
public service worker and, if the designated public service  825
worker's spouse, former spouse, or child is employed by a public  826
office, the name and address of the employer of the designated  827
public service worker's spouse, former spouse, or child, and any  828
past, current, and future work schedules of the designated  829
public service worker. The request shall include the  830
journalist's name and title and the name and address of the  831
journalist's employer and shall state that disclosure of the  832
information sought would be in the public interest.  833
       (b) (b)(i) Division (B)(9)(a) of this section does not  834
apply to a designated public service worker who is an elected  835
official. Upon written request by a journalist, a public office,  836
or person responsible for public records, having custody of the  837
records of an elected official's public office shall disclose to  838
the journalist the address of the actual personal residence of  839
the public official and, if the public official's spouse, former  840
spouse, or child is employed by a public office, the name and  841
address of the employer of the public official's spouse, former  842
spouse, or child.  843
S. B. No. 327  Page 30
As Introduced
       (ii) The request shall include the journalist's name and  844
title, the name and address of the journalist's employer, the  845
information the journalist seeks, the reason the journalist  846
seeks the disclosure, a statement that disclosure of the  847
information would be in the public interest, the journalist's  848
signature, and the date the request is submitted.  849
       (iii) Not later than three business days after the public  850
office or person responsible for public records discloses  851
information to a journalist under division (B)(9)(b) of this  852
section, the public office or person responsible for public  853
records shall notify the elected official in writing of the  854
disclosure and shall provide the elected official with a copy of  855
the completed request form.  856
       (c) Division (B)(9)(a) of this section also applies to  857
journalist requests for:  858
       (i) Customer information maintained by a municipally owned  859
or operated public utility, other than social security numbers  860
and any private financial information such as credit reports,  861
payment methods, credit card numbers, and bank account  862
information;  863
       (ii) Information about minors involved in a school vehicle  864
accident as provided in division (A)(1)(gg) of this section,  865
other than personal information as defined in section 149.45 of  866
the Revised Code;  867
       (iii) A request form submitted to a public office under  868
section 149.45 of the Revised Code, except that division (B)(9)  869
(b) of this section applies to a request form submitted to a  870
public office under that section by a designated public service  871
worker or qualifying former designated public service worker who  872
S. B. No. 327  Page 31
As Introduced
is or was an elected official;  873
       (iv) An affidavit submitted under section 319.28 of the  874
Revised Code.  875
       (c) (d) As used in division (B)(9) of this section,  876
"journalist" means a person engaged in, connected with, or  877
employed by any news medium, including a newspaper, magazine,  878
press association, news agency, or wire service, a radio or  879
television station, or a similar medium, for the purpose of  880
gathering, processing, transmitting, compiling, editing, or  881
disseminating information for the general public.  882
       (10) Upon a request made by a victim, victim's attorney,  883
or victim's representative, as that term is used in section  884
2930.02 of the Revised Code, a public office or person  885
responsible for public records shall transmit a copy of a  886
depiction of the victim as described in division (A)(1)(ii) of  887
this section to the victim, victim's attorney, or victim's  888
representative.  889
       (11) A state or local law enforcement agency or a  890
prosecuting attorney's office shall not charge a fee for  891
preparing a video record for inspection, or producing a copy of  892
a video record, when the requester of the video record is a  893
victim, as defined in Ohio Constitution, Article I, Section 10a,  894
or who is a victim who suffered loss and could seek remedy  895
through a tort action as defined by section 2307.011 of the  896
Revised Code, who reasonably asserts that the video recording  897
relates to the act or omission that caused the victim's harm or  898
loss, or who is the legal counsel or insurer of the victim. A  899
fee under this section may only be waived upon the receipt of an  900
affidavit by the victim or the victim's legal counsel  901
identifying that the use of the video is to investigate harm or  902
S. B. No. 327  Page 32
As Introduced
damages that may have been captured on the video.  903
       As used in this division, "legal counsel of the victim"  904
means an attorney who, at the time of making the request,  905
produces to the state or local law enforcement agency or a  906
prosecuting attorney's office a signed retention agreement or  907
letter of representation that establishes that the attorney is  908
representing the victim.  909
       (C)(1) If a person allegedly is aggrieved by the failure  910
of a public office or the person responsible for public records  911
to promptly prepare a public record and to make it available to  912
the person for inspection in accordance with division (B) of  913
this section or by any other failure of a public office or the  914
person responsible for public records to comply with an  915
obligation in accordance with division (B) of this section, the  916
person allegedly aggrieved may serve pursuant to Rule 4 of the  917
Ohio Rules of Civil Procedure a complaint, on a form prescribed  918
by the clerk of the court of claims, to the public office or  919
person responsible for public records allegedly responsible for  920
the alleged failure. Upon receipt of the complaint of the person  921
allegedly aggrieved, the public office or person responsible for  922
public records has three business days to cure or otherwise  923
address the failure alleged in the complaint. The person  924
allegedly aggrieved shall not file a complaint with a court or  925
commence a mandamus action under this section within the three-  926
day period. Upon the expiration of the three-day period, the  927
person allegedly aggrieved may, subject to the requirements of  928
division (C)(2) of this section, do only one of the following,  929
and not both:  930
       (a) File a complaint with the clerk of the court of claims  931
or the clerk of the court of common pleas under section 2743.75  932
S. B. No. 327  Page 33
As Introduced
of the Revised Code;  933
       (b) Commence a mandamus action to obtain a judgment that  934
orders the public office or the person responsible for the  935
public record to comply with division (B) of this section, that  936
awards court costs and reasonable attorney's fees to the person  937
that instituted the mandamus action, and, if applicable, that  938
includes an order fixing statutory damages under division (C)(3)  939
of this section. The mandamus action may be commenced in the  940
court of common pleas of the county in which division (B) of  941
this section allegedly was not complied with, in the supreme  942
court pursuant to its original jurisdiction under Section 2 of  943
Article IV, Ohio Constitution, or in the court of appeals for  944
the appellate district in which division (B) of this section  945
allegedly was not complied with pursuant to its original  946
jurisdiction under Section 3 of Article IV, Ohio Constitution.  947
       (2) Upon filing a complaint or mandamus action with a  948
court under divisions (C)(1)(a) or (b) of this section, a person  949
allegedly aggrieved shall file with the court, in conjunction  950
with the person's complaint or petition, a written affirmation  951
stating that the person properly transmitted a complaint to the  952
public office or person responsible for public records, the  953
failure alleged in the complaint has not been cured or otherwise  954
resolved to the person's satisfaction, and that the complaint  955
was transmitted to the public office or person responsible for  956
public records at least three business days before the filing of  957
the suit. If the person fails to file an affirmation pursuant to  958
this division, the suit shall be dismissed.  959
       (3) If a requester transmits a written request by hand  960
delivery, electronic submission, or certified mail to inspect or  961
receive copies of any public record in a manner that fairly  962
S. B. No. 327  Page 34
As Introduced
describes the public record or class of public records to the  963
public office or person responsible for the requested public  964
records, except as otherwise provided in this section, the  965
requester shall be entitled to recover the amount of statutory  966
damages set forth in this division if a court determines that  967
the public office or the person responsible for public records  968
failed to comply with an obligation in accordance with division  969
(B) of this section. Statutory damages are not available  970
pursuant to this section to a person committed to the custody of  971
the department of rehabilitation and correction or the United  972
States bureau of prisons, or a child committed to the department  973
of youth services as permitted in Chapter 2152. of the Revised  974
Code.  975
        The amount of statutory damages shall be fixed at one  976
hundred dollars for each business day during which the public  977
office or person responsible for the requested public records  978
failed to comply with an obligation in accordance with division  979
(B) of this section, beginning with the day on which the  980
requester files a mandamus action to recover statutory damages,  981
up to a maximum of one thousand dollars. The award of statutory  982
damages shall not be construed as a penalty, but as compensation  983
for injury arising from lost use of the requested information.  984
The existence of this injury shall be conclusively presumed. The  985
award of statutory damages shall be in addition to all other  986
remedies authorized by this section.  987
        The court may reduce an award of statutory damages or not  988
award statutory damages if the court determines both of the  989
following:  990
        (a) That, based on the ordinary application of statutory  991
law and case law as it existed at the time of the conduct or  992
S. B. No. 327  Page 35
As Introduced
threatened conduct of the public office or person responsible  993
for the requested public records that allegedly constitutes a  994
failure to comply with an obligation in accordance with division  995
(B) of this section and that was the basis of the mandamus  996
action, a well-informed public office or person responsible for  997
the requested public records reasonably would believe that the  998
conduct or threatened conduct of the public office or person  999
responsible for the requested public records did not constitute  1000
a failure to comply with an obligation in accordance with  1001
division (B) of this section;  1002
       (b) That a well-informed public office or person  1003
responsible for the requested public records reasonably would  1004
believe that the conduct or threatened conduct of the public  1005
office or person responsible for the requested public records  1006
would serve the public policy that underlies the authority that  1007
is asserted as permitting that conduct or threatened conduct.  1008
       (4) In a mandamus action filed under division (C)(1) of  1009
this section, the following apply:  1010
       (a)(i) If the court orders the public office or the person  1011
responsible for the public record to comply with division (B) of  1012
this section, the court shall determine and award to the relator  1013
all court costs, which shall be construed as remedial and not  1014
punitive.  1015
       (ii) If the court makes a determination described in  1016
division (C)(4)(b)(iii) of this section, the court shall  1017
determine and award to the relator all court costs, which shall  1018
be construed as remedial and not punitive.  1019
       (b) If the court renders a judgment that orders the public  1020
office or the person responsible for the public record to comply  1021
S. B. No. 327  Page 36
As Introduced
with division (B) of this section or if the court determines any  1022
of the following, the court may award reasonable attorney's fees  1023
to the relator, subject to division (C)(5) of this section:  1024
       (i) The public office or the person responsible for the  1025
public records failed to respond affirmatively or negatively to  1026
the public records request in accordance with the time allowed  1027
under division (B) of this section.  1028
       (ii) The public office or the person responsible for the  1029
public records promised to permit the relator to inspect or  1030
receive copies of the public records requested within a  1031
specified period of time but failed to fulfill that promise  1032
within that specified period of time.  1033
       (iii) The public office or the person responsible for the  1034
public records acted in bad faith when the office or person  1035
voluntarily made the public records available to the relator for  1036
the first time after the relator commenced the mandamus action,  1037
but before the court issued any order concluding whether or not  1038
the public office or person was required to comply with division  1039
(B) of this section. No discovery may be conducted on the issue  1040
of the alleged bad faith of the public office or person  1041
responsible for the public records. This division shall not be  1042
construed as creating a presumption that the public office or  1043
the person responsible for the public records acted in bad faith  1044
when the office or person voluntarily made the public records  1045
available to the relator for the first time after the relator  1046
commenced the mandamus action, but before the court issued any  1047
order described in this division.  1048
       (c) The court shall not award attorney's fees to the  1049
relator if the court determines both of the following:  1050
S. B. No. 327  Page 37
As Introduced
       (i) That, based on the ordinary application of statutory  1051
law and case law as it existed at the time of the conduct or  1052
threatened conduct of the public office or person responsible  1053
for the requested public records that allegedly constitutes a  1054
failure to comply with an obligation in accordance with division  1055
(B) of this section and that was the basis of the mandamus  1056
action, a well-informed public office or person responsible for  1057
the requested public records reasonably would believe that the  1058
conduct or threatened conduct of the public office or person  1059
responsible for the requested public records did not constitute  1060
a failure to comply with an obligation in accordance with  1061
division (B) of this section;  1062
       (ii) That a well-informed public office or person  1063
responsible for the requested public records reasonably would  1064
believe that the conduct or threatened conduct of the public  1065
office or person responsible for the requested public records  1066
would serve the public policy that underlies the authority that  1067
is asserted as permitting that conduct or threatened conduct.  1068
       (5) All of the following apply to any award of reasonable  1069
attorney's fees awarded under division (C)(4)(b) of this  1070
section:  1071
       (a) The fees shall be construed as remedial and not  1072
punitive.  1073
       (b) The fees awarded shall not exceed the total of the  1074
reasonable attorney's fees incurred before the public record was  1075
made available to the relator and the fees described in division  1076
(C)(5)(c) of this section.  1077
       (c) Reasonable attorney's fees shall include reasonable  1078
fees incurred to produce proof of the reasonableness and amount  1079
S. B. No. 327  Page 38
As Introduced
of the fees and to otherwise litigate entitlement to the fees.  1080
       (d) The court may reduce the amount of fees awarded if the  1081
court determines that, given the factual circumstances involved  1082
with the specific public records request, an alternative means  1083
should have been pursued to more effectively and efficiently  1084
resolve the dispute that was subject to the mandamus action  1085
filed under division (C)(1) of this section.  1086
       (6) If the court does not issue a writ of mandamus under  1087
division (C) of this section and the court determines at that  1088
time that the bringing of the mandamus action was frivolous  1089
conduct as defined in division (A) of section 2323.51 of the  1090
Revised Code, the court may award to the public office all court  1091
costs, expenses, and reasonable attorney's fees, as determined  1092
by the court.  1093
       (D) Chapter 1347. of the Revised Code does not limit the  1094
provisions of this section.  1095
       (E)(1) To As used in division (E) of this section,  1096
"designee," "elected official," and "future official" have the  1097
same meanings as in section 109.43 of the Revised Code.  1098
       (2) To ensure that all employees of public offices are  1099
appropriately educated about a public office's obligations under  1100
division (B) of this section, all elected officials or their  1101
appropriate designees shall attend training approved by the  1102
attorney general as provided in section 109.43 of the Revised  1103
Code. A future official may satisfy the requirements of this  1104
division by attending the training before taking office,  1105
provided that the future official may not send a designee in the  1106
future official's place.  1107
       (2) (3) All public offices shall adopt a public records  1108
S. B. No. 327  Page 39
As Introduced
policy in compliance with this section for responding to public  1109
records requests. In adopting a public records policy under this  1110
division, a public office may obtain guidance from the model  1111
public records policy developed and provided to the public  1112
office by the attorney general under section 109.43 of the  1113
Revised Code. Except as otherwise provided in this section, the  1114
policy may not limit the number of public records that the  1115
public office will make available to a single person, may not  1116
limit the number of public records that it will make available  1117
during a fixed period of time, and may not establish a fixed  1118
period of time before it will respond to a request for  1119
inspection or copying of public records, unless that period is  1120
less than eight hours.  1121
       The public office shall distribute the public records  1122
policy adopted by the public office under this division to the  1123
employee of the public office who is the records custodian or  1124
records manager or otherwise has custody of the records of that  1125
office. The public office shall require that employee to  1126
acknowledge receipt of the copy of the public records policy.  1127
The public office shall create a poster that describes its  1128
public records policy and shall post the poster in a conspicuous  1129
place in the public office and in all locations where the public  1130
office has branch offices. The public office may post its public  1131
records policy on the internet web site of the public office if  1132
the public office maintains an internet web site. A public  1133
office that has established a manual or handbook of its general  1134
policies and procedures for all employees of the public office  1135
shall include the public records policy of the public office in  1136
the manual or handbook.  1137
       (F)(1) The bureau of motor vehicles may adopt rules  1138
pursuant to Chapter 119. of the Revised Code to reasonably limit  1139
S. B. No. 327  Page 40
As Introduced
the number of bulk commercial special extraction requests made  1140
by a person for the same records or for updated records during a  1141
calendar year. The rules may include provisions for charges to  1142
be made for bulk commercial special extraction requests for the  1143
actual cost of the bureau, plus special extraction costs, plus  1144
ten per cent. The bureau may charge for expenses for redacting  1145
information, the release of which is prohibited by law.  1146
       (2) As used in division (F)(1) of this section:  1147
       (a) "Actual cost" means the cost of depleted supplies,  1148
records storage media costs, actual mailing and alternative  1149
delivery costs, or other transmitting costs, and any direct  1150
equipment operating and maintenance costs, including actual  1151
costs paid to private contractors for copying services.  1152
       (b) "Bulk commercial special extraction request" means a  1153
request for copies of a record for information in a format other  1154
than the format already available, or information that cannot be  1155
extracted without examination of all items in a records series,  1156
class of records, or database by a person who intends to use or  1157
forward the copies for surveys, marketing, solicitation, or  1158
resale for commercial purposes. "Bulk commercial special  1159
extraction request" does not include a request by a person who  1160
gives assurance to the bureau that the person making the request  1161
does not intend to use or forward the requested copies for  1162
surveys, marketing, solicitation, or resale for commercial  1163
purposes.  1164
       (c) "Commercial" means profit-seeking production, buying,  1165
or selling of any good, service, or other product.  1166
       (d) "Special extraction costs" means the cost of the time  1167
spent by the lowest paid employee competent to perform the task,  1168
S. B. No. 327  Page 41
As Introduced
the actual amount paid to outside private contractors employed  1169
by the bureau, or the actual cost incurred to create computer  1170
programs to make the special extraction. "Special extraction  1171
costs" include any charges paid to a public agency for computer  1172
or records services.  1173
       (3) For purposes of divisions (F)(1) and (2) of this  1174
section, "surveys, marketing, solicitation, or resale for  1175
commercial purposes" shall be narrowly construed and does not  1176
include reporting or gathering news, reporting or gathering  1177
information to assist citizen oversight or understanding of the  1178
operation or activities of government, or nonprofit educational  1179
research.  1180
       (G) A request by a defendant, counsel of a defendant, or  1181
any agent of a defendant in a criminal action that public  1182
records related to that action be made available under this  1183
section shall be considered a demand for discovery pursuant to  1184
the Criminal Rules, except to the extent that the Criminal Rules  1185
plainly indicate a contrary intent. The defendant, counsel of  1186
the defendant, or agent of the defendant making a request under  1187
this division shall serve a copy of the request on the  1188
prosecuting attorney, director of law, or other chief legal  1189
officer responsible for prosecuting the action.  1190
       (H)(1) Any portion of a body-worn camera or dashboard  1191
camera recording described in divisions (A)(17)(b) (A)(16)(b) to  1192
(h) of this section may be released by consent of the subject of  1193
the recording or a representative of that person, as specified  1194
in those divisions, only if either of the following applies:  1195
       (a) The recording will not be used in connection with any  1196
probable or pending criminal proceedings;  1197
S. B. No. 327  Page 42
As Introduced
       (b) The recording has been used in connection with a  1198
criminal proceeding that was dismissed or for which a judgment  1199
has been entered pursuant to Rule 32 of the Rules of Criminal  1200
Procedure, and will not be used again in connection with any  1201
probable or pending criminal proceedings.  1202
       (2) If a public office denies a request to release a  1203
restricted portion of a body-worn camera or dashboard camera  1204
recording, as defined in division (A)(17) (A)(16) of this  1205
section, any person may file a mandamus action pursuant to this  1206
section or a complaint with the clerk of the court of claims  1207
pursuant to section 2743.75 of the Revised Code, requesting the  1208
court to order the release of all or portions of the recording.  1209
If the court considering the request determines that the filing  1210
articulates by clear and convincing evidence that the public  1211
interest in the recording substantially outweighs privacy  1212
interests and other interests asserted to deny release, the  1213
court shall order the public office to release the recording.  1214
       Sec. 3503.13. (A)(1) (A) As used in this section,  1215
"designated public service worker," "designated public service  1216
worker residential and familial information," "elected  1217
official," and "public record" have the same meanings as in  1218
section 149.43 of the Revised Code.  1219
       (B)(1) Except as otherwise provided in division (A)(2) (B)  1220
(2) of this section, voter registration forms submitted by  1221
applicants and the statewide voter registration database  1222
established under section 3503.15 of the Revised Code are public  1223
records subject to disclosure under section 149.43 of the  1224
Revised Code.  1225
       (2) None Except as otherwise provided in division (C) of  1226
this section and in division (B)(9) of section 149.43 of the  1227
S. B. No. 327  Page 43
As Introduced
Revised Code, none of the following in a record described in  1228
division (B)(1) of this section or in any other public record in  1229
the possession of a board of elections are subject to disclosure  1230
under division (A)(1) of this section as public records:  1231
       (a) An elector's full or partial social security number,  1232
driver's license or state identification card number, telephone  1233
number, or electronic mail address;  1234
       (b) A confidential voter registration record, as described  1235
in section 111.44 of the Revised Code;  1236
       (c) The address of a designated   Designated public service  1237
worker residential and familial information, if the designated  1238
public service worker has submitted a redaction request to the  1239
board of elections under section 149.45 of the Revised Code;  1240
       (d) Any other information that is prohibited from being  1241
disclosed by state or federal law.  1242
       (B) (C)(1) Notwithstanding any contrary provision of  1243
section 149.43 of the Revised Code, a board of elections shall  1244
provide a requester with a copy of a public record that includes  1245
the unredacted residence address of an elected official who has  1246
submitted a redaction request to the board of elections under  1247
section 149.45 of the Revised Code if the requester does all of  1248
the following:  1249
       (a) Appears in person at the office of the board to  1250
request the record;  1251
       (b) Completes a request form prescribed by the secretary  1252
of state that includes all of the following:  1253
       (i) The requester's name;  1254
       (ii) Identification of each record requested. The  1255
S. B. No. 327  Page 44
As Introduced
requester may request copies of multiple public records using  1256
the same request form.  1257
       (iii) The reason the requester seeks the record or  1258
records;  1259
       (iv) The date;  1260
       (v) The requester's signature, under penalty of election  1261
falsification.  1262
       (c) Shows the requester's government-issued identification  1263
to the election officials. The election officials shall mark the  1264
request form to indicate that the requester did so.  1265
       (2) Upon providing a requester with a copy of a public  1266
record under division (C)(1) of this section that includes an  1267
elected official's unredacted residence address, the board  1268
promptly shall notify the elected official in writing of the  1269
release of the record and shall provide the elected official  1270
with a copy of the request form.  1271
       (D) A board of elections may use a legible digitized  1272
signature list of voter signatures, copied from the signatures  1273
on the registration forms in a form and manner prescribed by the  1274
secretary of state, provided that the board includes the  1275
required voter registration information in the statewide voter  1276
registration database established under section 3503.15 of the  1277
Revised Code, and provided that the precinct election officials  1278
have computer printouts at the polls prepared in the manner  1279
required under section 3503.23 of the Revised Code.  1280
       Sec. 3503.153. (A) The statewide voter registration  1281
database shall be made available on a web site of the office of  1282
the secretary of state as follows:  1283
S. B. No. 327  Page 45
As Introduced
       (1) Except as otherwise provided in division (A)(2) of  1284
this section, the following information from the statewide voter  1285
registration database regarding a registered elector shall be  1286
made available on the web site:  1287
       (a) The elector's name;  1288
       (b) The elector's birth date;  1289
       (c) The elector's current residence address;  1290
       (d) The elector's precinct number;  1291
       (e) The elector's voter registration date, as described in  1292
division (C)(9) of section 3503.15 of the Revised Code;  1293
       (f) The elector's voting history, as described in division  1294
(C)(10) of section 3503.15 of the Revised Code;  1295
       (g) The elector's last activity date, as described in  1296
division (C)(11) of section 3503.15 of the Revised Code.  1297
       (2) During the thirty days before the day of a primary or  1298
general election, the web site interface of the statewide voter  1299
registration database shall permit an elector to search for the  1300
polling location at which that elector may cast a ballot.  1301
       (3) No information in the statewide voter registration  1302
database that is exempt from disclosure under division (A)(2)  1303
(B)(2) of section 3503.13 of the Revised Code shall be made  1304
available on the web site.  1305
       (B)(1) The secretary of state shall establish, by rule  1306
adopted under Chapter 119. of the Revised Code, a process for  1307
boards of elections to notify the secretary of state of changes  1308
in the locations of precinct polling places for the purpose of  1309
updating the information made available on the secretary of  1310
S. B. No. 327  Page 46
As Introduced
state's web site under division (A)(2) of this section. Those  1311
rules shall require a board of elections, during the thirty days  1312
before the day of a primary or general election, to notify the  1313
secretary of state within one business day of any change to the  1314
location of a precinct polling place within the county.  1315
       (2) During the thirty days before the day of a primary or  1316
general election, not later than one business day after  1317
receiving a notification from a county pursuant to division (B)  1318
(1) of this section that the location of a precinct polling  1319
place has changed, the secretary of state shall update that  1320
information on the secretary of state's web site for the purpose  1321
of division (A)(2) of this section.  1322
       Section 2. That existing sections 149.43, 3503.13, and  1323
3503.153 of the Revised Code are hereby repealed.  1324
       Section 3. This act shall be known as the Protecting  1325
Elected Officials Against Coercion and Extremism (PEACE) Act.  1326