SB 420

As Introduced
136th General Assembly
   Regular Session  S. B. No. 420
       2025-2026
  Senator O'Brien
  To amend sections 117.46, 121.01, 121.22, 149.011,  1
  149.43, 187.01, 187.03, and 187.04 of the  2
  Revised Code to establish that records created  3
  by JobsOhio are public records under Ohio Public        4
  Records Law, to require JobsOhio to comply with  5
  the Open Meetings Law, and to require the  6
  Auditor of State to conduct a performance audit  7
  of JobsOhio.  8
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
     Section 1. That sections 117.46, 121.01, 121.22, 149.011,  9
149.43, 187.01, 187.03, and 187.04 of the Revised Code be  10
amended to read as follows:  11
     Sec. 117.46. (A) Each biennium the auditor of state shall  12
conduct a minimum of four performance audits under this section.       13
Except as otherwise provided in this section, at least two of  14
the audits shall be of state agencies selected from a list  15
comprised of the administrative departments listed in section  16
121.02 of the Revised Code and the department of education and  17
workforce and at least two of the audits shall be of other state       18
agencies. At the auditor of state's discretion, the auditor of  19
state may also conduct performance audits of state institutions        20
of higher education. The offices of the attorney general,  21
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As Introduced
auditor of state, governor, secretary of state, and treasurer of  22
state and agencies of the legislative and judicial branches are  23
not subject to an audit under this section.  24
       The auditor shall select each agency or institution to be  25
audited and shall determine whether to audit the entire agency  26
or institution or a portion of the agency or institution by  27
auditing one or more programs, offices, boards, councils, or  28
other entities within that agency or institution. The auditor  29
shall make the selection and determination in consultation with  30
the governor and the speaker and minority leader of the house of  31
representatives and president and minority leader of the senate.  32
       An audit of a portion of an agency or institution shall be  33
considered an audit of one agency or institution. The authority  34
to audit a portion of an agency or institution in no way limits  35
the auditor's ability to audit an entire agency or institution  36
if it is in the best interest of the state.  37
       (B) The auditor of state annually shall conduct a  38
performance audit of the nonprofit corporation formed under  39
section 187.01 of the Revised Code as if it was a state agency  40
under sections 117.01 and 117.13 of the Revised Code.  41
       (C) The performance audits under this section shall be  42
conducted pursuant to sections 117.01 and 117.13 of the Revised  43
Code. In conducting a performance audit, the auditor of state  44
shall determine the scope of the audit, but shall consider, if  45
appropriate, supervisory and subordinate level operations in the  46
agency or institution. A performance audit under this section  47
shall not include review or evaluation of an institution's  48
academic performance.  49
       As used in this section and in sections 117.461, 117.462,  50
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As Introduced
117.463, and 117.47 of the Revised Code, "state institution of  51
higher education" has the meaning defined in section 3345.011 of  52
the Revised Code.  53
        Sec. 121.01. As used in sections 121.01 to 121.20 of the  54
Revised Code:  55
        (A) "Department" means the several departments of state  56
administration enumerated in section 121.02 of the Revised Code.  57
        (B) "Division" means a part of a department established as  58
provided in section 121.07 of the Revised Code for the  59
convenient performance of one or more of the functions committed  60
to a department.  61
        (C) "Departments, offices, and institutions" include every  62
organized body, office, and agency established by the  63
constitution and laws of the state for the exercise of any  64
function of the state government, and every institution or  65
organization which receives any support from the state.  66
"Departments, offices, and institutions" does not include the  67
nonprofit corporation formed under section 187.01 of the Revised  68
Code.  69
        Sec. 121.22. (A) This section shall be liberally construed  70
to require public officials to take official action and to  71
conduct all deliberations upon official business only in open  72
meetings unless the subject matter is specifically excepted by  73
law.  74
        (B) As used in this section:  75
        (1) "Public body" means any of the following:  76
        (a) Any board, commission, committee, council, or similar  77
decision-making body of a state agency, institution, or  78
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As Introduced
authority, and any legislative authority or board, commission,  79
committee, council, agency, authority, or similar decision-  80
making body of any county, township, municipal corporation,  81
school district, or other political subdivision or local public  82
institution;  83
       (b) Any committee or subcommittee of a body described in  84
division (B)(1)(a) of this section;  85
       (c) A court of jurisdiction of a sanitary district  86
organized wholly for the purpose of providing a water supply for  87
domestic, municipal, and public use when meeting for the purpose  88
of the appointment, removal, or reappointment of a member of the  89
board of directors of such a district pursuant to section  90
6115.10 of the Revised Code, if applicable, or for any other  91
matter related to such a district other than litigation  92
involving the district. As used in division (B)(1)(c) of this  93
section, "court of jurisdiction" has the same meaning as "court"  94
in section 6115.01 of the Revised Code.  95
       (2) "Meeting" means any prearranged discussion of the  96
public business of the public body by a majority of its members.  97
       (3) "Regulated individual" means either of the following:  98
       (a) A student in a state or local public educational  99
institution;  100
       (b) A person who is, voluntarily or involuntarily, an  101
inmate, patient, or resident of a state or local institution  102
because of criminal behavior, mental illness, an intellectual  103
disability, disease, disability, age, or other condition  104
requiring custodial care.  105
       (4) "Public office" has the same meaning as in section  106
149.011 of the Revised Code.  107
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       (C) All meetings of any public body are declared to be  108
public meetings open to the public at all times. A member of a  109
public body shall be present in person at a meeting open to the  110
public to be considered present or to vote at the meeting and  111
for purposes of determining whether a quorum is present at the  112
meeting.  113
       The minutes of a regular or special meeting of any public  114
body shall be promptly prepared, filed, and maintained and shall  115
be open to public inspection. The minutes need only reflect the  116
general subject matter of discussions in executive sessions  117
authorized under division (G) or (J) of this section.  118
       (D) This section does not apply to any of the following:  119
       (1) A grand jury;  120
       (2) An audit conference conducted by the auditor of state  121
or independent certified public accountants with officials of  122
the public office that is the subject of the audit;  123
       (3) The adult parole authority when its hearings are  124
conducted at a correctional institution for the sole purpose of  125
interviewing inmates to determine parole or pardon and the  126
department of rehabilitation and correction when its hearings  127
are conducted at a correctional institution for the sole purpose  128
of making determinations under section 2967.271 of the Revised  129
Code regarding the release or maintained incarceration of an  130
offender to whom that section applies;  131
       (4) The organized crime investigations commission  132
established under section 177.01 of the Revised Code;  133
       (5) Meetings of a child fatality review board established  134
under section 307.621 of the Revised Code, meetings related to a  135
review conducted pursuant to guidelines established by the  136
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As Introduced
director of health under section 3701.70 of the Revised Code,  137
and meetings conducted pursuant to sections 5153.171 to 5153.173  138
of the Revised Code;  139
        (6) The state medical board when determining whether to  140
suspend a license or certificate without a prior hearing  141
pursuant to division (G) of either section 4730.25 or 4731.22 of  142
the Revised Code;  143
        (7) The board of nursing when determining whether to  144
suspend a license or certificate without a prior hearing  145
pursuant to division (B) of section 4723.281 of the Revised  146
Code;  147
        (8) The state board of pharmacy when determining whether  148
to do either of the following:  149
        (a) Suspend a license, certification, or registration  150
without a prior hearing, including during meetings conducted by  151
telephone conference, pursuant to Chapters 3719., 3796., 4729.,  152
and 4752. of the Revised Code and rules adopted thereunder; or  153
        (b) Restrict a person from obtaining further information  154
from the drug database established in section 4729.75 of the  155
Revised Code without a prior hearing pursuant to division (C) of  156
section 4729.86 of the Revised Code.  157
        (9) The state chiropractic board when determining whether  158
to suspend a license without a hearing pursuant to section  159
4734.37 of the Revised Code;  160
        (10) The executive committee of the emergency response  161
commission when determining whether to issue an enforcement  162
order or request that a civil action, civil penalty action, or  163
criminal action be brought to enforce Chapter 3750. of the  164
Revised Code;  165
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As Introduced
        (11) The board of directors of the nonprofit corporation  166
formed under section 187.01 of the Revised Code or any committee  167
thereof, and the board of directors of any subsidiary of that  168
corporation or a committee thereof;  169
        (12) An audit conference conducted by the audit staff of  170
the department of job and family services with officials of the  171
public office that is the subject of that audit under section  172
5101.37 of the Revised Code;  173
        (13)(12) The occupational therapy section of the  174
occupational therapy, physical therapy, and athletic trainers  175
board when determining whether to suspend a license without a  176
hearing pursuant to division (E) of section 4755.11 of the  177
Revised Code;  178
        (14)(13) The physical therapy section of the occupational  179
therapy, physical therapy, and athletic trainers board when  180
determining whether to suspend a license without a hearing  181
pursuant to division (F) of section 4755.47 of the Revised Code;  182
        (15)(14) The athletic trainers section of the occupational  183
therapy, physical therapy, and athletic trainers board when  184
determining whether to suspend a license without a hearing  185
pursuant to division (E) of section 4755.64 of the Revised Code;  186
        (16)(15) Meetings of the pregnancy-associated mortality  187
review board established under section 5180.27 of the Revised  188
Code;  189
        (17)(16) Meetings of a fetal-infant mortality review board  190
established under section 3707.71 of the Revised Code;  191
        (18)(17) Meetings of a drug overdose fatality review  192
committee described in section 307.631 of the Revised Code;  193
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As Introduced
       (19)(18) Meetings of a suicide fatality review committee  194
described in section 307.641 of the Revised Code;  195
       (20)(19) Meetings of the officers, members, or directors  196
of an existing qualified nonprofit corporation that creates a  197
special improvement district under Chapter 1710. of the Revised  198
Code, at which the public business of the corporation pertaining  199
to a purpose for which the district is created is not discussed;  200
       (21)(20) Meetings of a domestic violence fatality review  201
board established under section 307.651 of the Revised Code;  202
       (22)(21) Any nonprofit agency that has received an  203
endorsement under section 5101.315 of the Revised Code.  204
       (E) The controlling board, the tax credit authority, or  205
the minority development financing advisory board, when meeting  206
to consider granting assistance pursuant to Chapter 122. or 166.  207
of the Revised Code, in order to protect the interest of the  208
applicant or the possible investment of public funds, by  209
unanimous vote of all board or authority members present, may  210
close the meeting during consideration of the following  211
information confidentially received by the authority or board  212
from the applicant:  213
       (1) Marketing plans;  214
       (2) Specific business strategy;  215
       (3) Production techniques and trade secrets;  216
       (4) Financial projections;  217
       (5) Personal financial statements of the applicant or  218
members of the applicant's immediate family, including, but not  219
limited to, tax records or other similar information not open to  220
public inspection.  221
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As Introduced
       The vote by the authority or board to accept or reject the  222
application, as well as all proceedings of the authority or  223
board not subject to this division, shall be open to the public  224
and governed by this section.  225
       (F) Every public body, by rule, shall establish a  226
reasonable method whereby any person may determine the time and  227
place of all regularly scheduled meetings and the time, place,  228
and purpose of all special meetings. A public body shall not  229
hold a special meeting unless it gives at least twenty-four  230
hours' advance notice to the news media that have requested  231
notification, except in the event of an emergency requiring  232
immediate official action. In the event of an emergency, the  233
member or members calling the meeting shall notify the news  234
media that have requested notification immediately of the time,  235
place, and purpose of the meeting.  236
       The rule shall provide that any person, upon request and  237
payment of a reasonable fee, may obtain reasonable advance  238
notification of all meetings at which any specific type of  239
public business is to be discussed. Provisions for advance  240
notification may include, but are not limited to, mailing the  241
agenda of meetings to all subscribers on a mailing list or  242
mailing notices in self-addressed, stamped envelopes provided by  243
the person.  244
       (G) Except as provided in divisions (G)(8) and (J) of this  245
section, the members of a public body may hold an executive  246
session only after a majority of a quorum of the public body  247
determines, by a roll call vote, to hold an executive session  248
and only at a regular or special meeting for the sole purpose of  249
the consideration of any of the following matters:  250
       (1) To consider the appointment, employment, dismissal,  251
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As Introduced
discipline, promotion, demotion, or compensation of a public  252
employee or official, or the investigation of charges or  253
complaints against a public employee, official, licensee, or  254
regulated individual, unless the public employee, official,  255
licensee, or regulated individual requests a public hearing.  256
Except as otherwise provided by law, no public body shall hold  257
an executive session for the discipline of an elected official  258
for conduct related to the performance of the elected official's  259
official duties or for the elected official's removal from  260
office. If a public body holds an executive session pursuant to  261
division (G)(1) of this section, the motion and vote to hold  262
that executive session shall state which one or more of the  263
approved purposes listed in division (G)(1) of this section are  264
the purposes for which the executive session is to be held, but  265
need not include the name of any person to be considered at the  266
meeting.  267
       (2) To consider the purchase of property for public  268
purposes, the sale of property at competitive bidding, or the  269
sale or other disposition of unneeded, obsolete, or unfit-for-  270
use property in accordance with section 505.10 of the Revised  271
Code, if premature disclosure of information would give an  272
unfair competitive or bargaining advantage to a person whose  273
personal, private interest is adverse to the general public  274
interest. No member of a public body shall use division (G)(2)  275
of this section as a subterfuge for providing covert information  276
to prospective buyers or sellers. A purchase or sale of public  277
property is void if the seller or buyer of the public property  278
has received covert information from a member of a public body  279
that has not been disclosed to the general public in sufficient  280
time for other prospective buyers and sellers to prepare and  281
submit offers.  282
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       If the minutes of the public body show that all meetings  283
and deliberations of the public body have been conducted in  284
compliance with this section, any instrument executed by the  285
public body purporting to convey, lease, or otherwise dispose of  286
any right, title, or interest in any public property shall be  287
conclusively presumed to have been executed in compliance with  288
this section insofar as title or other interest of any bona fide  289
purchasers, lessees, or transferees of the property is  290
concerned.  291
       (3) Conferences with an attorney for the public body  292
concerning disputes involving the public body that are the  293
subject of pending or imminent court action;  294
       (4) Preparing for, conducting, or reviewing negotiations  295
or bargaining sessions with public employees concerning their  296
compensation or other terms and conditions of their employment;  297
       (5) Matters required to be kept confidential by federal  298
law or regulations or state statutes;  299
       (6) Details relative to the security arrangements and  300
emergency response protocols for a public body or a public  301
office, if disclosure of the matters discussed could reasonably  302
be expected to jeopardize the security of the public body or  303
public office;  304
       (7) In the case of a county hospital operated pursuant to  305
Chapter 339. of the Revised Code, a joint township hospital  306
operated pursuant to Chapter 513. of the Revised Code, or a  307
municipal hospital operated pursuant to Chapter 749. of the  308
Revised Code, to consider trade secrets, as defined in section  309
1333.61 of the Revised Code;  310
       (8) To consider confidential information related to the  311
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As Introduced
marketing plans, specific business strategy, production  312
techniques, trade secrets, or personal financial statements of  313
an applicant for economic development assistance, or to  314
negotiations with other political subdivisions respecting  315
requests for economic development assistance, provided that both  316
of the following conditions apply:  317
       (a) The information is directly related to a request for  318
economic development assistance that is to be provided or  319
administered under any provision of Chapter 715., 725., 1724.,  320
or 1728. or sections 701.07, 3735.67 to 3735.70, 5709.40 to  321
5709.43, 5709.61 to 5709.69, 5709.73 to 5709.75, or 5709.77 to  322
5709.81 of the Revised Code, or that involves public  323
infrastructure improvements or the extension of utility services  324
that are directly related to an economic development project.  325
       (b) A unanimous quorum of the public body determines, by a  326
roll call vote, that the executive session is necessary to  327
protect the interests of the applicant or the possible  328
investment or expenditure of public funds to be made in  329
connection with the economic development project.  330
       If a public body holds an executive session to consider  331
any of the matters listed in divisions (G)(2) to (8) of this  332
section, the motion and vote to hold that executive session  333
shall state which one or more of the approved matters listed in  334
those divisions are to be considered at the executive session.  335
       A public body specified in division (B)(1)(c) of this  336
section shall not hold an executive session when meeting for the  337
purposes specified in that division.  338
       (H) A resolution, rule, or formal action of any kind is  339
invalid unless adopted in an open meeting of the public body. A  340
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As Introduced
resolution, rule, or formal action adopted in an open meeting  341
that results from deliberations in a meeting not open to the  342
public is invalid unless the deliberations were for a purpose  343
specifically authorized in division (G) or (J) of this section  344
and conducted at an executive session held in compliance with  345
this section. A resolution, rule, or formal action adopted in an  346
open meeting is invalid if the public body that adopted the  347
resolution, rule, or formal action violated division (F) of this  348
section.  349
       (I)(1) Any person may bring an action to enforce this  350
section. An action under division (I)(1) of this section shall  351
be brought within two years after the date of the alleged  352
violation or threatened violation. Upon proof of a violation or  353
threatened violation of this section in an action brought by any  354
person, the court of common pleas shall issue an injunction to  355
compel the members of the public body to comply with its  356
provisions.  357
       (2)(a) If the court of common pleas issues an injunction  358
pursuant to division (I)(1) of this section, the court shall  359
order the public body that it enjoins to pay a civil forfeiture  360
of five hundred dollars to the party that sought the injunction  361
and shall award to that party all court costs and, subject to  362
reduction as described in division (I)(2) of this section,  363
reasonable attorney's fees. The court, in its discretion, may  364
reduce an award of attorney's fees to the party that sought the  365
injunction or not award attorney's fees to that party if the  366
court determines both of the following:  367
       (i) That, based on the ordinary application of statutory  368
law and case law as it existed at the time of violation or  369
threatened violation that was the basis of the injunction, a  370
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As Introduced
well-informed public body reasonably would believe that the  371
public body was not violating or threatening to violate this  372
section;  373
       (ii) That a well-informed public body reasonably would  374
believe that the conduct or threatened conduct that was the  375
basis of the injunction would serve the public policy that  376
underlies the authority that is asserted as permitting that  377
conduct or threatened conduct.  378
       (b) If the court of common pleas does not issue an  379
injunction pursuant to division (I)(1) of this section and the  380
court determines at that time that the bringing of the action  381
was frivolous conduct, as defined in division (A) of section  382
2323.51 of the Revised Code, the court shall award to the public  383
body all court costs and reasonable attorney's fees, as  384
determined by the court.  385
       (3) Irreparable harm and prejudice to the party that  386
sought the injunction shall be conclusively and irrebuttably  387
presumed upon proof of a violation or threatened violation of  388
this section.  389
       (4) A member of a public body who knowingly violates an  390
injunction issued pursuant to division (I)(1) of this section  391
may be removed from office by an action brought in the court of  392
common pleas for that purpose by the prosecuting attorney or the  393
attorney general.  394
       (J)(1) Pursuant to division (C) of section 5901.09 of the  395
Revised Code, a veterans service commission shall hold an  396
executive session for one or more of the following purposes  397
unless an applicant requests a public hearing:  398
       (a) Interviewing an applicant for financial assistance  399
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As Introduced
under sections 5901.01 to 5901.15 of the Revised Code;  400
       (b) Discussing applications, statements, and other  401
documents described in division (B) of section 5901.09 of the  402
Revised Code;  403
       (c) Reviewing matters relating to an applicant's request  404
for financial assistance under sections 5901.01 to 5901.15 of  405
the Revised Code.  406
       (2) A veterans service commission shall not exclude an  407
applicant for, recipient of, or former recipient of financial  408
assistance under sections 5901.01 to 5901.15 of the Revised  409
Code, and shall not exclude representatives selected by the  410
applicant, recipient, or former recipient, from a meeting that  411
the commission conducts as an executive session that pertains to  412
the applicant's, recipient's, or former recipient's application  413
for financial assistance.  414
       (3) A veterans service commission shall vote on the grant  415
or denial of financial assistance under sections 5901.01 to  416
5901.15 of the Revised Code only in an open meeting of the  417
commission. The minutes of the meeting shall indicate the name,  418
address, and occupation of the applicant, whether the assistance  419
was granted or denied, the amount of the assistance if  420
assistance is granted, and the votes for and against the  421
granting of assistance.  422
       Sec. 149.011. As used in this chapter, except as otherwise  423
provided:  424
       (A) "Public office" includes any state agency, public  425
institution, political subdivision, or other organized body,  426
office, agency, institution, or entity established by the laws  427
of this state for the exercise of any function of government.  428
S. B. No. 420  Page 16
As Introduced
"Public office" does not include includes the nonprofit  429
corporation formed under section 187.01 of the Revised Code.  430
       (B) "State agency" includes every department, bureau,  431
board, commission, office, or other organized body established  432
by the constitution and laws of this state for the exercise of  433
any function of state government, including any state-supported  434
institution of higher education, the general assembly, any  435
legislative agency, any court or judicial agency, or any  436
political subdivision or agency of a political subdivision.  437
"State agency" does not include includes the nonprofit  438
corporation formed under section 187.01 of the Revised Code.  439
       (C) "Public money" includes all money received or  440
collected by or due a public official, whether in accordance  441
with or under authority of any law, ordinance, resolution, or  442
order, under color of office, or otherwise. It also includes any  443
money collected by any individual on behalf of a public office  444
or as a purported representative or agent of the public office.  445
       (D) "Public official" includes all officers, employees, or  446
duly authorized representatives or agents of a public office.  447
       (E) "Color of office" includes any act purported or  448
alleged to be done under any law, ordinance, resolution, order,  449
or other pretension to official right, power, or authority.  450
       (F) "Archive" includes any public record that is  451
transferred to the state archives or other designated archival  452
institutions because of the historical information contained on  453
it.  454
       (G) "Records" includes any document, device, or item,  455
regardless of physical form or characteristic, including an  456
electronic record as defined in section 1306.01 of the Revised  457
S. B. No. 420  Page 17
As Introduced
Code, created or received by or coming under the jurisdiction of  458
any public office of the state or its political subdivisions,  459
which serves to document the organization, functions, policies,  460
decisions, procedures, operations, or other activities of the  461
office. "Records" does not include personal notes or any  462
document, device, or item, regardless of physical form or  463
whether an assistive device or application was used, of a public  464
official, or of the official's attorney, employee, or agent,  465
that is used, maintained, and accessed solely by the individual  466
who creates it or causes its creation.  467
       Sec. 149.43. (A) As used in this section:  468
       (1) "Public record" means records kept by any public  469
office, including, but not limited to, state, county, city,  470
village, township, and school district units, and records  471
pertaining to the delivery of educational services by an  472
alternative school in this state kept by the nonprofit or for-  473
profit entity operating the alternative school pursuant to  474
section 3313.533 of the Revised Code. "Public record" does not  475
mean any of the following:  476
       (a) Medical records;  477
       (b) Records pertaining to probation and parole  478
proceedings, to proceedings related to the imposition of  479
community control sanctions and post-release control sanctions,  480
or to proceedings related to determinations under section  481
2967.271 of the Revised Code regarding the release or maintained  482
incarceration of an offender to whom that section applies;  483
       (c) Records pertaining to actions under section 2151.85  484
and division (C) of section 2919.121 of the Revised Code and to  485
appeals of actions arising under those sections;  486
S. B. No. 420  Page 18
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       (d) Records pertaining to adoption proceedings, including  487
the contents of an adoption file maintained by the department of  488
health under sections 3705.12 to 3705.124 of the Revised Code;  489
       (e) Information in a record contained in the putative  490
father registry established by section 3107.062 of the Revised  491
Code, regardless of whether the information is held by the  492
department of children and youth or, pursuant to section 3111.69  493
of the Revised Code, the office of child support in the  494
department of job and family services or a child support  495
enforcement agency;  496
       (f) Records specified in division (A) of section 3107.52  497
of the Revised Code;  498
       (g) Trial preparation records, prior to the conclusion of  499
all direct appeals or, if no appeal is filed, prior to the  500
expiration of the time during which an appeal may be filed, or,  501
if no trial has occurred, until the civil or criminal action or  502
proceeding has ended without the possibility of direct appeal or  503
each agency, office, or official responsible for the matter has  504
made a decision not to proceed with the matter;  505
       (h) Confidential law enforcement investigatory records;  506
       (i) Records containing information that is confidential  507
under section 2710.03 or 4112.05 of the Revised Code;  508
       (j) DNA records stored in the DNA database pursuant to  509
section 109.573 of the Revised Code;  510
       (k) Inmate records under section 5120.21 of the Revised  511
Code, except for permitted disclosure of the information listed  512
in division (E)(1) of that section;  513
       (l) Records maintained by the department of youth services  514
S. B. No. 420  Page 19
As Introduced
pertaining to children in its custody released by the department  515
of youth services to the department of rehabilitation and  516
correction pursuant to section 5139.05 of the Revised Code;  517
       (m) Intellectual property records;  518
       (n) Donor profile records;  519
       (o) Records maintained by the department of job and family  520
services pursuant to section 3121.894 of the Revised Code;  521
       (p) Designated public service worker residential and  522
familial information;  523
       (q) In the case of a county hospital operated pursuant to  524
Chapter 339. of the Revised Code or a municipal hospital  525
operated pursuant to Chapter 749. of the Revised Code,  526
information that constitutes a trade secret, as defined in  527
section 1333.61 of the Revised Code;  528
       (r) Information pertaining to the recreational activities  529
of a person under the age of eighteen;  530
       (s) In the case of a child fatality review board acting  531
under sections 307.621 to 307.629 of the Revised Code or a  532
review conducted pursuant to guidelines established by the  533
director of health under section 3701.70 of the Revised Code,  534
records provided to the board or director, statements made by  535
board members during meetings of the board or by persons  536
participating in the director's review, and all work products of  537
the board or director, and in the case of a child fatality  538
review board, child fatality review data submitted by the board  539
to the department of health or a national child death review  540
database, other than the report prepared pursuant to division  541
(A) of section 307.626 of the Revised Code;  542
S. B. No. 420  Page 20
As Introduced
       (t) Records provided to and statements made by the  543
executive director of a public children services agency or a  544
prosecuting attorney acting pursuant to section 5153.171 of the  545
Revised Code other than the information released under that  546
section;  547
       (u) Test materials, examinations, or evaluation tools used  548
in an examination for licensure as a nursing home administrator  549
that the board of executives of long-term services and supports  550
administers under section 4751.15 of the Revised Code or  551
contracts under that section with a private or government entity  552
to administer;  553
       (v) Records the release of which is prohibited by state or  554
federal law;  555
       (w) Proprietary information of or relating to any person  556
that is submitted to or compiled by the Ohio venture capital  557
authority created under section 150.01 of the Revised Code;  558
       (x) Financial statements and data any person submits for  559
any purpose to the Ohio housing finance agency or the  560
controlling board in connection with applying for, receiving, or  561
accounting for financial assistance from the agency, and  562
information that identifies any individual who benefits directly  563
or indirectly from financial assistance from the agency;  564
       (y) Records listed in section 5101.29 of the Revised Code;  565
       (z) Discharges recorded with a county recorder under  566
section 317.24 of the Revised Code, as specified in division (B)  567
(2) of that section;  568
       (aa) Usage information including names and addresses of  569
specific residential and commercial customers of a municipally  570
owned or operated public utility;  571
S. B. No. 420  Page 21
As Introduced
       (bb) Records described in division (C)(C)(3) of section  572
187.04 of the Revised Code that are not designated to be made  573
available to the public as provided in that division;  574
       (cc) Information and records that are made confidential,  575
privileged, and not subject to disclosure under divisions (B)  576
and (C) of section 2949.221 of the Revised Code;  577
       (dd) Personal information, as defined in section 149.45 of  578
the Revised Code;  579
       (ee) The confidential name, address, and other personally  580
identifiable information of a program participant in the address  581
confidentiality program established under sections 111.41 to  582
111.47 of the Revised Code, including the contents of any  583
application for absent voter's ballots, absent voter's ballot  584
identification envelope statement of voter, or provisional  585
ballot affirmation completed by a program participant who has a  586
confidential voter registration record; records or portions of  587
records pertaining to that program that identify the number of  588
program participants that reside within a precinct, ward,  589
township, municipal corporation, county, or any other geographic  590
area smaller than the state; and any real property  591
confidentiality notice filed under section 111.431 of the  592
Revised Code and the information described in division (C) of  593
that section. As used in this division, "confidential address"  594
and "program participant" have the meaning defined in section  595
111.41 of the Revised Code.  596
       (ff) Orders for active military service of an individual  597
serving or with previous service in the armed forces of the  598
United States, including a reserve component, or the Ohio  599
organized militia, except that, such order becomes a public  600
record on the day that is fifteen years after the published date  601
S. B. No. 420  Page 22
As Introduced
or effective date of the call to order;  602
       (gg) The name, address, contact information, or other  603
personal information of an individual who is less than eighteen  604
years of age that is included in any record related to a traffic  605
accident involving a school vehicle in which the individual was  606
an occupant at the time of the accident;  607
       (hh) Protected health information, as defined in 45 C.F.R.  608
160.103, that is in a claim for payment for a health care  609
product, service, or procedure, as well as any other health  610
claims data in another document that reveals the identity of an  611
individual who is the subject of the data or could be used to  612
reveal that individual's identity;  613
       (ii) Any depiction by photograph, film, videotape, or  614
printed or digital image under either of the following  615
circumstances:  616
       (i) The depiction is that of a victim of an offense the  617
release of which would be, to a reasonable person of ordinary  618
sensibilities, an offensive and objectionable intrusion into the  619
victim's expectation of bodily privacy and integrity.  620
       (ii) The depiction captures or depicts the victim of a  621
sexually oriented offense, as defined in section 2950.01 of the  622
Revised Code, at the actual occurrence of that offense.  623
       (jj) Restricted portions of a body-worn camera or  624
dashboard camera recording;  625
       (kk) In the case of a fetal-infant mortality review board  626
acting under sections 3707.70 to 3707.77 of the Revised Code,  627
records, documents, reports, or other information presented to  628
the board or a person abstracting such materials on the board's  629
behalf, statements made by review board members during board  630
S. B. No. 420  Page 23
As Introduced
meetings, all work products of the board, and data submitted by  631
the board to the department of health or a national infant death  632
review database, other than the report prepared pursuant to  633
section 3707.77 of the Revised Code.  634
       (ll) Records, documents, reports, or other information  635
presented to the pregnancy-associated mortality review board  636
established under section 5180.27 of the Revised Code,  637
statements made by board members during board meetings, all work  638
products of the board, and data submitted by the board to the  639
department of health, other than the biennial reports prepared  640
under section 5180.277 of the Revised Code;  641
       (mm) Except as otherwise provided in division (A)(1)(oo)  642
of this section, telephone numbers for a victim, as defined in  643
section 2930.01 of the Revised Code or a witness to a crime that  644
are listed on any law enforcement record or report.  645
       (nn) A preneed funeral contract, as defined in section  646
4717.01 of the Revised Code, and contract terms and personally  647
identifying information of a preneed funeral contract, that is  648
contained in a report submitted by or for a funeral home to the  649
board of embalmers and funeral directors under division (C) of  650
section 4717.13, division (J) of section 4717.31, or section  651
4717.41 of the Revised Code.  652
       (oo) Telephone numbers for a party to a motor vehicle  653
accident subject to the requirements of section 5502.11 of the  654
Revised Code that are listed on any law enforcement record or  655
report, except that the telephone numbers described in this  656
division are not excluded from the definition of "public record"  657
under this division on and after the thirtieth day after the  658
occurrence of the motor vehicle accident.  659
S. B. No. 420  Page 24
As Introduced
       (pp) Records pertaining to individuals who complete  660
training under section 5502.703 of the Revised Code to be  661
permitted by a school district board of education or governing  662
body of a community school established under Chapter 3314. of  663
the Revised Code, a STEM school established under Chapter 3326.  664
of the Revised Code, or a chartered nonpublic school to convey  665
deadly weapons or dangerous ordnance into a school safety zone;  666
       (qq) Records, documents, reports, or other information  667
presented to a domestic violence fatality review board  668
established under section 307.651 of the Revised Code,  669
statements made by board members during board meetings, all work  670
products of the board, and data submitted by the board to the  671
department of health, other than a report prepared pursuant to  672
section 307.656 of the Revised Code;  673
       (rr) Records, documents, and information the release of  674
which is prohibited under sections 2930.04 and 2930.07 of the  675
Revised Code;  676
       (ss) Records of an existing qualified nonprofit  677
corporation that creates a special improvement district under  678
Chapter 1710. of the Revised Code that do not pertain to a  679
purpose for which the district is created;  680
       (tt) Educational support services data, as defined in  681
section 3319.325 of the Revised Code;  682
       (uu) Records of the past, current, and future work  683
schedule of a designated public service worker. As used in  684
division (A)(1)(uu) of this section, "work schedule" does not  685
include the docket of cases of a court, judge, or magistrate;  686
       (vv) A request form or confirmation letter submitted to a  687
public office under section 149.45 of the Revised Code;  688
S. B. No. 420  Page 25
As Introduced
       (ww) An affidavit or confirmation letter submitted under  689
section 319.28 of the Revised Code;  690
       (xx) License or certificate application or renewal  691
responses and supporting documentation submitted to the state  692
medical board regarding an applicant's, or a license or  693
certificate holder's, inability to practice according to  694
acceptable and prevailing standards of care by reason of a  695
medical condition;  696
       (yy) Images and data captured by an automated license  697
plate recognition system that are maintained in a law  698
enforcement database;  699
       (zz) Attorney work product record;  700
       (aaa) Any entry on the public calendar of an elected  701
official that is for any date that is after the date the record  702
is requested;  703
       (bbb) Records pertaining to burial sites under section  704
149.3010 of the Revised Code.  705
       A record that is not a public record under division (A)(1)  706
of this section and that, under law, is permanently retained  707
becomes a public record on the day that is seventy-five years  708
after the day on which the record was created, or in the case of  709
a record that is not a public record under division (A)(1)(uu)  710
of this section that is retained, three years after the day on  711
which the record was created, except for any record protected by  712
the attorney-client privilege, a trial preparation record as  713
defined in this section, a statement prohibiting the release of  714
identifying information signed under section 3107.083 of the  715
Revised Code, a denial of release form filed pursuant to section  716
3107.46 of the Revised Code, records pertaining to burial sites  717
S. B. No. 420  Page 26
As Introduced
under section 149.3010 of the Revised Code, or any record that  718
is exempt from release or disclosure under section 149.433 of  719
the Revised Code. If the record is a birth certificate and a  720
biological parent's name redaction request form has been  721
accepted under section 3107.391 of the Revised Code, the name of  722
that parent shall be redacted from the birth certificate before  723
it is released under this paragraph. If any other section of the  724
Revised Code establishes a time period for disclosure of a  725
record that conflicts with the time period specified in this  726
section, the time period in the other section prevails.  727
       (2)(a) "Confidential law enforcement investigatory record"  728
means any record that pertains to a law enforcement matter of a  729
criminal, quasi-criminal, civil, or administrative nature, but  730
only to the extent that the release of the record would create a  731
high probability of disclosure of any of the following:  732
       (i) The identity of a suspect who has not been charged  733
with the offense to which the record pertains, or of an  734
information source or witness to whom confidentiality has been  735
reasonably promised;  736
       (ii) Information provided by an information source or  737
witness to whom confidentiality has been reasonably promised,  738
which information would reasonably tend to disclose the source's  739
or witness's identity;  740
       (iii) Specific confidential investigatory techniques or  741
procedures or specific investigatory work product;  742
       (iv) Information that would endanger the life or physical  743
safety of law enforcement personnel, a crime victim, a witness,  744
or a confidential information source.  745
       (b) As used in divisions (A)(2) and (18) of this section,  746
S. B. No. 420  Page 27
As Introduced
"specific investigatory work product" means information  747
assembled by law enforcement officials in connection with a  748
probable or pending criminal or civil proceeding, with the  749
exception of routine incident reports. "Specific investigatory  750
work product" is not a public record prior to the conclusion of  751
all direct appeals, or, if no appeal is filed, prior to the  752
expiration of the time during which an appeal may be filed, or,  753
if no trial has occurred, until the criminal or civil proceeding  754
has ended without possibility of direct appeal or each agency,  755
office, or official responsible for the matter has made a  756
decision not to proceed with the matter.  757
       (3) "Medical record" means any document or combination of  758
documents, except births, deaths, and the fact of admission to  759
or discharge from a hospital, that pertains to the medical  760
history, diagnosis, prognosis, or medical condition of a patient  761
and that is generated and maintained in the process of medical  762
treatment.  763
       (4) "Trial preparation record" means any record created by  764
or for another party or by or for that party's representative,  765
in reasonable anticipation of, or in defense of, a civil or  766
criminal action or proceeding, that is not a confidential law  767
enforcement investigatory record or attorney work product record  768
and that contains factual information that is specifically  769
compiled for that civil or criminal action or proceeding.  770
       (5) "Intellectual property record" means a record, other  771
than a financial or administrative record, that is produced or  772
collected by or for faculty or staff of a state institution of  773
higher learning in the conduct of or as a result of study or  774
research on an educational, commercial, scientific, artistic,  775
technical, or scholarly issue, regardless of whether the study  776
S. B. No. 420  Page 28
As Introduced
or research was sponsored by the institution alone or in  777
conjunction with a governmental body or private concern, and  778
that has not been publicly released, published, or patented.  779
       (6) "Donor profile record" means all records about donors  780
or potential donors to a public institution of higher education  781
except the names and reported addresses of the actual donors and  782
the date, amount, and conditions of the actual donation.  783
       (7) "Designated public service worker" means a peace  784
officer, parole officer, probation officer, bailiff, prosecuting  785
attorney, assistant prosecuting attorney, correctional employee,  786
county or multicounty corrections officer, community-based  787
correctional facility employee, designated Ohio national guard  788
member, protective services worker, youth services employee,  789
firefighter, EMT, medical director or member of a cooperating  790
physician advisory board of an emergency medical service  791
organization, state board of pharmacy employee, investigator of  792
the bureau of criminal identification and investigation,  793
emergency service telecommunicator, forensic mental health  794
provider, mental health evaluation provider, regional  795
psychiatric hospital employee, judge, magistrate, or federal law  796
enforcement officer.  797
       (8) "Designated public service worker residential and  798
familial information" means any information that discloses any  799
of the following about a designated public service worker:  800
       (a) The address of the actual personal residence of a  801
designated public service worker, except for the following  802
information:  803
       (i) The address of the actual personal residence of a  804
prosecuting attorney or judge; and  805
S. B. No. 420  Page 29
As Introduced
       (ii) The state or political subdivision in which a  806
designated public service worker resides.  807
       (b) Information compiled from referral to or participation  808
in an employee assistance program;  809
       (c) The social security number, the residential telephone  810
number, any bank account, debit card, charge card, or credit  811
card number, or the emergency telephone number of, or any  812
medical information pertaining to, a designated public service  813
worker;  814
       (d) The name of any beneficiary of employment benefits,  815
including, but not limited to, life insurance benefits, provided  816
to a designated public service worker by the designated public  817
service worker's employer;  818
       (e) The identity and amount of any charitable or  819
employment benefit deduction made by the designated public  820
service worker's employer from the designated public service  821
worker's compensation, unless the amount of the deduction is  822
required by state or federal law;  823
       (f) The name, the residential address, the name of the  824
employer, the address of the employer, the social security  825
number, the residential telephone number, any bank account,  826
debit card, charge card, or credit card number, or the emergency  827
telephone number of the spouse, a former spouse, or any child of  828
a designated public service worker;  829
       (g) A photograph of a peace officer who holds a position  830
or has an assignment that may include undercover or plain  831
clothes positions or assignments as determined by the peace  832
officer's appointing authority.  833
       (9) As used in divisions (A)(7) and (15) to (17) of this  834
S. B. No. 420  Page 30
As Introduced
section:  835
       "Peace officer" has the meaning defined in section 109.71  836
of the Revised Code and also includes the superintendent and  837
troopers of the state highway patrol; it does not include the  838
sheriff of a county or a supervisory employee who, in the  839
absence of the sheriff, is authorized to stand in for, exercise  840
the authority of, and perform the duties of the sheriff.  841
       "Correctional employee" means any employee of the  842
department of rehabilitation and correction who in the course of  843
performing the employee's job duties has or has had contact with  844
inmates and persons under supervision.  845
       "County or multicounty corrections officer" means any  846
corrections officer employed by any county or multicounty  847
correctional facility.  848
       "Designated Ohio national guard member" means a member of  849
the Ohio national guard who is participating in duties related  850
to remotely piloted aircraft, including, but not limited to,  851
pilots, sensor operators, and mission intelligence personnel,  852
duties related to special forces operations, or duties related  853
to cybersecurity, and is designated by the adjutant general as a  854
designated public service worker for those purposes.  855
       "Protective services worker" means any employee of a  856
county agency who is responsible for child protective services,  857
child support services, or adult protective services.  858
       "Youth services employee" means any employee of the  859
department of youth services who in the course of performing the  860
employee's job duties has or has had contact with children  861
committed to the custody of the department of youth services.  862
       "Firefighter" means any regular, paid or volunteer, member  863
S. B. No. 420  Page 31
As Introduced
of a lawfully constituted fire department of a municipal  864
corporation, township, fire district, or village.  865
       "EMT" means EMTs-basic, EMTs-I, and paramedics that  866
provide emergency medical services for a public emergency  867
medical service organization. "Emergency medical service  868
organization," "EMT-basic," "EMT-I," and "paramedic" have the  869
meanings defined in section 4765.01 of the Revised Code.  870
       "Investigator of the bureau of criminal identification and  871
investigation" has the meaning defined in section 2903.11 of the  872
Revised Code.  873
       "Emergency service telecommunicator" means an individual  874
employed by an emergency service provider as defined under  875
section 128.01 of the Revised Code, whose primary responsibility  876
is to be an operator for the receipt or processing of calls for  877
emergency services made by telephone, radio, or other electronic  878
means.  879
       "Forensic mental health provider" means any employee of a  880
community mental health service provider or local alcohol, drug  881
addiction, and mental health services board who, in the course  882
of the employee's duties, has contact with persons committed to  883
a local alcohol, drug addiction, and mental health services  884
board by a court order pursuant to section 2945.38, 2945.39,  885
2945.40, or 2945.402 of the Revised Code.  886
       "Mental health evaluation provider" means an individual  887
who, under Chapter 5122. of the Revised Code, examines a  888
respondent who is alleged to be a mentally ill person subject to  889
court order, as defined in section 5122.01 of the Revised Code,  890
and reports to the probate court the respondent's mental  891
condition.  892
S. B. No. 420  Page 32
As Introduced
       "Regional psychiatric hospital employee" means any  893
employee of the department of mental health and addiction  894
services behavioral health who, in the course of performing the  895
employee's duties, has contact with patients committed to the  896
department of mental health and addiction services behavioral  897
health by a court order pursuant to section 2945.38, 2945.39,  898
2945.40, or 2945.402 of the Revised Code.  899
       "Federal law enforcement officer" has the meaning defined  900
in section 9.88 of the Revised Code.  901
       (10) "Information pertaining to the recreational  902
activities of a person under the age of eighteen" means  903
information that is kept in the ordinary course of business by a  904
public office, that pertains to the recreational activities of a  905
person under the age of eighteen years, and that discloses any  906
of the following:  907
       (a) The address or telephone number of a person under the  908
age of eighteen or the address or telephone number of that  909
person's parent, guardian, custodian, or emergency contact  910
person;  911
       (b) The social security number, birth date, or  912
photographic image of a person under the age of eighteen;  913
       (c) Any medical record, history, or information pertaining  914
to a person under the age of eighteen;  915
       (d) Any additional information sought or required about a  916
person under the age of eighteen for the purpose of allowing  917
that person to participate in any recreational activity  918
conducted or sponsored by a public office or to use or obtain  919
admission privileges to any recreational facility owned or  920
operated by a public office.  921
S. B. No. 420  Page 33
As Introduced
       (11) "Community control sanction" has the meaning defined  922
in section 2929.01 of the Revised Code.  923
       (12) "Post-release control sanction" has the meaning  924
defined in section 2967.01 of the Revised Code.  925
       (13) "Redaction" means obscuring or deleting any  926
information that is exempt from the duty to permit public  927
inspection or copying from an item that otherwise meets the  928
definition of a "record" in section 149.011 of the Revised Code.  929
       (14) "Designee," "elected official," and "future official"  930
have the meanings defined in section 109.43 of the Revised Code.  931
       (15) "Body-worn camera" means a visual and audio recording  932
device worn on the person of a correctional employee, youth  933
services employee, or peace officer while the correctional  934
employee, youth services employee, or peace officer is engaged  935
in the performance of official duties.  936
       (16) "Dashboard camera" means a visual and audio recording  937
device mounted on a peace officer's vehicle or vessel that is  938
used while the peace officer is engaged in the performance of  939
the peace officer's duties.  940
       (17) "Restricted portions of a body-worn camera or  941
dashboard camera recording" means any visual or audio portion of  942
a body-worn camera or dashboard camera recording that shows,  943
communicates, or discloses any of the following:  944
       (a) The image or identity of a child or information that  945
could lead to the identification of a child who is a primary  946
subject of the recording when the department of rehabilitation  947
and correction, department of youth services, or the law  948
enforcement agency knows or has reason to know the person is a  949
child based on the department's or law enforcement agency's  950
S. B. No. 420  Page 34
As Introduced
records or the content of the recording;  951
       (b) The death of a person or a deceased person's body,  952
unless the death was caused by a correctional employee, youth  953
services employee, or peace officer or, subject to division (H)  954
(1) of this section, the consent of the decedent's executor or  955
administrator has been obtained;  956
       (c) The death of a correctional employee, youth services  957
employee, peace officer, firefighter, paramedic, or other first  958
responder, occurring while the decedent was engaged in the  959
performance of official duties, unless, subject to division (H)  960
(1) of this section, the consent of the decedent's executor or  961
administrator has been obtained;  962
       (d) Grievous bodily harm, unless the injury was effected  963
by a correctional employee, youth services employee, or peace  964
officer or, subject to division (H)(1) of this section, the  965
consent of the injured person or the injured person's guardian  966
has been obtained;  967
       (e) An act of severe violence against a person that  968
results in serious physical harm to the person, unless the act  969
and injury was effected by a correctional employee, youth  970
services employee, or peace officer or, subject to division (H)  971
(1) of this section, the consent of the injured person or the  972
injured person's guardian has been obtained;  973
       (f) Grievous bodily harm to a correctional employee, youth  974
services employee, peace officer, firefighter, paramedic, or  975
other first responder, occurring while the injured person was  976
engaged in the performance of official duties, unless, subject  977
to division (H)(1) of this section, the consent of the injured  978
person or the injured person's guardian has been obtained;  979
S. B. No. 420  Page 35
As Introduced
       (g) An act of severe violence resulting in serious  980
physical harm against a correctional employee, youth services  981
employee, peace officer, firefighter, paramedic, or other first  982
responder, occurring while the injured person was engaged in the  983
performance of official duties, unless, subject to division (H)  984
(1) of this section, the consent of the injured person or the  985
injured person's guardian has been obtained;  986
       (h) A person's nude body, unless, subject to division (H)  987
(1) of this section, the person's consent has been obtained;  988
       (i) Protected health information, the identity of a person  989
in a health care facility who is not the subject of a  990
correctional, youth services, or law enforcement encounter, or  991
any other information in a health care facility that could  992
identify a person who is not the subject of a correctional,  993
youth services, or law enforcement encounter;  994
       (j) Information that could identify the alleged victim of  995
a sex offense, menacing by stalking, or domestic violence;  996
       (k) Information, that does not constitute a confidential  997
law enforcement investigatory record, that could identify a  998
person who provides sensitive or confidential information to the  999
department of rehabilitation and correction, the department of  1000
youth services, or a law enforcement agency when the disclosure  1001
of the person's identity or the information provided could  1002
reasonably be expected to threaten or endanger the safety or  1003
property of the person or another person;  1004
       (l) Personal information of a person who is not arrested,  1005
cited, charged, or issued a written warning by a peace officer;  1006
       (m) Proprietary correctional, youth services, or police  1007
contingency plans or tactics that are intended to prevent crime  1008
S. B. No. 420  Page 36
As Introduced
and maintain public order and safety;  1009
       (n) A personal conversation unrelated to work between  1010
correctional employees, youth services employees, or peace  1011
officers or between a correctional employee, youth services  1012
employee, or peace officer and an employee of a law enforcement  1013
agency;  1014
       (o) A conversation between a correctional employee, youth  1015
services employee, or peace officer and a member of the public  1016
that does not concern correctional, youth services, or law  1017
enforcement activities;  1018
       (p) The interior of a residence, unless the interior of a  1019
residence is the location of an adversarial encounter with, or a  1020
use of force by, a correctional employee, youth services  1021
employee, or peace officer;  1022
       (q) Any portion of the interior of a private business that  1023
is not open to the public, unless an adversarial encounter with,  1024
or a use of force by, a correctional employee, youth services  1025
employee, or peace officer occurs in that location.  1026
       As used in division (A)(17) of this section:  1027
       "Grievous bodily harm" has the same meaning as in section  1028
5924.120 of the Revised Code.  1029
       "Health care facility" has the same meaning as in section  1030
1337.11 of the Revised Code.  1031
       "Protected health information" has the same meaning as in  1032
45 C.F.R. 160.103.  1033
       "Law enforcement agency" means a government entity that  1034
employs peace officers to perform law enforcement duties.  1035
S. B. No. 420  Page 37
As Introduced
       "Personal information" means any government-issued  1036
identification number, date of birth, address, financial  1037
information, or criminal justice information from the law  1038
enforcement automated data system or similar databases.  1039
       "Sex offense" has the same meaning as in section 2907.10  1040
of the Revised Code.  1041
       "Firefighter," "paramedic," and "first responder" have the  1042
same meanings as in section 4765.01 of the Revised Code.  1043
       (18) "Attorney work product record" means a record that is  1044
not specific investigatory work product or a trial preparation  1045
record and that is created by an attorney, or by the agent of an  1046
attorney, in reasonable anticipation of or for litigation,  1047
trial, or administrative proceedings, when acting in an official  1048
capacity on behalf of the state, a political subdivision of the  1049
state, a state agency, a public official, or a public employee,  1050
that documents the independent thought processes, mental  1051
impressions, legal theories, strategies, analysis, or reasoning  1052
of an attorney or the agent of an attorney.  1053
       (19) "Elected official" means a person who is elected or  1054
appointed to an elective office of the state or a political  1055
subdivision.  1056
       (20) "Public calendar" means a calendar or appointment  1057
book maintained by an elected official to schedule the elected  1058
official's activities in relation to the elected official's  1059
position as an elected official. "Public calendar" does not  1060
include a personal calendar or appointment book maintained  1061
solely for an elected official's personal convenience that does  1062
not serve to document the elected official's official activities  1063
or functions or the official activities or functions of the  1064
S. B. No. 420  Page 38
As Introduced
elected official's public office.  1065
       (B)(1) Upon request by any person and subject to division  1066
(B)(8) of this section, all public records responsive to the  1067
request shall be promptly prepared and made available for  1068
inspection to the requester at all reasonable times during  1069
regular business hours. Subject to division (B)(8) of this  1070
section, upon request by any person, a public office or person  1071
responsible for public records shall make copies of the  1072
requested public record available to the requester at cost and  1073
within a reasonable period of time.  1074
       When considering whether a state or local law enforcement  1075
agency or a prosecuting attorney's office promptly prepared a  1076
video record for inspection or produced a copy of a video record  1077
within a reasonable period of time, in addition to any other  1078
factors, a court shall consider the time required for a state or  1079
local law enforcement agency or a prosecuting attorney's office  1080
to retrieve, download, review, redact, seek legal advice  1081
regarding, and produce the video record. Except as specified in  1082
division (B)(11) of this section, notwithstanding any other  1083
requirement set forth in Chapter 149. of the Revised Code, a  1084
state or local law enforcement agency or a prosecuting  1085
attorney's office may charge a requester the actual cost  1086
associated with preparing a video record for inspection or  1087
production, not to exceed seventy-five dollars per hour of video  1088
produced, nor seven hundred fifty dollars total. As used in this  1089
division, "actual cost," with respect to video records only,  1090
means all costs incurred by the state or local law enforcement  1091
agency or a prosecuting attorney's office in reviewing, blurring  1092
or otherwise obscuring, redacting, uploading, or producing the  1093
video records, including but not limited to the storage medium  1094
on which the record is produced, staff time, and any other  1095
S. B. No. 420  Page 39
As Introduced
relevant overhead necessary to comply with the request. A state  1096
or local law enforcement agency or a prosecuting attorney's  1097
office may include in its public records policy the requirement  1098
that a requester pay the estimated actual cost before beginning  1099
the process of preparing a video record for inspection or  1100
production. Where a state or local law enforcement agency or a  1101
prosecuting attorney's office imposes such a requirement, its  1102
obligation to produce a video or make it available for  1103
inspection begins once the estimated actual cost is paid in full  1104
by the requester. A state or local law enforcement agency or a  1105
prosecuting attorney's office shall provide the requester with  1106
the estimated actual cost within five business days of receipt  1107
of the public records request. If the actual cost exceeds the  1108
estimated actual cost, a state or local law enforcement agency  1109
or a prosecuting attorney's office may charge a requester for  1110
the difference upon fulfilling a request for video records if  1111
the requester is notified in advance that the actual cost may be  1112
up to twenty per cent higher than the estimated actual cost. A  1113
state or local law enforcement agency or a prosecuting  1114
attorney's office shall not charge a requester a difference that  1115
exceeds twenty per cent of the estimated actual cost.  1116
       If a public record contains information that is exempt  1117
from the duty to permit public inspection or to copy the public  1118
record, the public office or the person responsible for the  1119
public record shall make available all of the information within  1120
the public record that is not exempt. When making that public  1121
record available for public inspection or copying that public  1122
record, the public office or the person responsible for the  1123
public record shall notify the requester of any redaction or  1124
make the redaction plainly visible. A redaction shall be deemed  1125
a denial of a request to inspect or copy the redacted  1126
S. B. No. 420  Page 40
As Introduced
information, except if federal or state law authorizes or  1127
requires a public office to make the redaction. When the auditor  1128
of state receives a request to inspect or to make a copy of a  1129
record that was provided to the auditor of state for purposes of  1130
an audit, but the original public office has asserted to the  1131
auditor of state that the record is not a public record, the  1132
auditor of state may handle the requests by directing the  1133
requestor to the original public office that provided the record  1134
to the auditor of state.  1135
       (2) To facilitate broader access to public records, a  1136
public office or the person responsible for public records shall  1137
organize and maintain public records in a manner that they can  1138
be made available for inspection or copying in accordance with  1139
division (B) of this section. A public office also shall have  1140
available a copy of its current records retention schedule at a  1141
location readily available to the public. If a requester makes  1142
an ambiguous or overly broad request or has difficulty in making  1143
a request for copies or inspection of public records under this  1144
section such that the public office or the person responsible  1145
for the requested public record cannot reasonably identify what  1146
public records are being requested, the public office or the  1147
person responsible for the requested public record may deny the  1148
request but shall provide the requester with an opportunity to  1149
revise the request by informing the requester of the manner in  1150
which records are maintained by the public office and accessed  1151
in the ordinary course of the public office's or person's  1152
duties.  1153
       (3) If a request is ultimately denied, in part or in  1154
whole, the public office or the person responsible for the  1155
requested public record shall provide the requester with an  1156
explanation, including legal authority, setting forth why the  1157
S. B. No. 420  Page 41
As Introduced
request was denied. If the initial request was provided in  1158
writing, the explanation also shall be provided to the requester  1159
in writing. The explanation shall not preclude the public office  1160
or the person responsible for the requested public record from  1161
relying upon additional reasons or legal authority in defending  1162
an action commenced under division (C) of this section.  1163
       (4) Unless specifically required or authorized by state or  1164
federal law or in accordance with division (B) of this section,  1165
no public office or person responsible for public records may  1166
limit or condition the availability of public records by  1167
requiring disclosure of the requester's identity or the intended  1168
use of the requested public record. Any requirement that the  1169
requester disclose the requester's identity or the intended use  1170
of the requested public record constitutes a denial of the  1171
request.  1172
       (5) A public office or person responsible for public  1173
records may ask a requester to make the request in writing, may  1174
ask for the requester's identity, and may inquire about the  1175
intended use of the information requested, but may do so only  1176
after disclosing to the requester that a written request is not  1177
mandatory, that the requester may decline to reveal the  1178
requester's identity or the intended use, and when a written  1179
request or disclosure of the identity or intended use would  1180
benefit the requester by enhancing the ability of the public  1181
office or person responsible for public records to identify,  1182
locate, or deliver the public records sought by the requester.  1183
       (6) If any person requests a copy of a public record in  1184
accordance with division (B) of this section, the public office  1185
or person responsible for the public record may require the  1186
requester to pay in advance the cost involved in providing the  1187
S. B. No. 420  Page 42
As Introduced
copy of the public record in accordance with the choice made by  1188
the requester under this division. The public office or the  1189
person responsible for the public record shall permit the  1190
requester to choose to have the public record duplicated upon  1191
paper, upon the same medium upon which the public office or  1192
person responsible for the public record keeps it, or upon any  1193
other medium upon which the public office or person responsible  1194
for the public record determines that it reasonably can be  1195
duplicated as an integral part of the normal operations of the  1196
public office or person responsible for the public record. When  1197
the requester makes a choice under this division, the public  1198
office or person responsible for the public record shall provide  1199
a copy of it in accordance with the choice made by the  1200
requester. Nothing in this section requires a public office or  1201
person responsible for the public record to allow the requester  1202
of a copy of the public record to make the copies of the public  1203
record.  1204
       (7)(a) Upon a request made in accordance with division (B)  1205
of this section and subject to division (B)(6) of this section,  1206
a public office or person responsible for public records shall  1207
transmit a copy of a public record to any person by United  1208
States mail or by any other means of delivery or transmission  1209
within a reasonable period of time after receiving the request  1210
for the copy. The public office or person responsible for the  1211
public record may require the person making the request to pay  1212
in advance the cost of postage if the copy is transmitted by  1213
United States mail or the cost of delivery if the copy is  1214
transmitted other than by United States mail, and to pay in  1215
advance the costs incurred for other supplies used in the  1216
mailing, delivery, or transmission.  1217
       (b) Any public office may adopt a policy and procedures  1218
S. B. No. 420  Page 43
As Introduced
that it will follow in transmitting, within a reasonable period  1219
of time after receiving a request, copies of public records by  1220
United States mail or by any other means of delivery or  1221
transmission pursuant to division (B)(7) of this section. A  1222
public office that adopts a policy and procedures under division  1223
(B)(7) of this section shall comply with them in performing its  1224
duties under that division.  1225
       (c) In any policy and procedures adopted under division  1226
(B)(7) of this section:  1227
       (i) A public office may limit the number of records  1228
requested by a person that the office will physically deliver by  1229
United States mail or by another delivery service to ten per  1230
month, unless the person certifies to the office in writing that  1231
the person does not intend to use or forward the requested  1232
records, or the information contained in them, for commercial  1233
purposes;  1234
       (ii) A public office that chooses to provide some or all  1235
of its public records on a web site that is fully accessible to  1236
and searchable by members of the public at all times, other than  1237
during acts of God outside the public office's control or  1238
maintenance, and that charges no fee to search, access,  1239
download, or otherwise receive records provided on the web site,  1240
may limit to ten per month the number of records requested by a  1241
person that the office will deliver in a digital format, unless  1242
the requested records are not provided on the web site and  1243
unless the person certifies to the office in writing that the  1244
person does not intend to use or forward the requested records,  1245
or the information contained in them, for commercial purposes.  1246
       (iii) For purposes of division (B)(7) of this section,  1247
"commercial" shall be narrowly construed and does not include  1248
S. B. No. 420  Page 44
As Introduced
reporting or gathering news, reporting or gathering information  1249
to assist citizen oversight or understanding of the operation or  1250
activities of government, or nonprofit educational research.  1251
       (8) A public office or person responsible for public  1252
records is not required to permit a person who is incarcerated  1253
pursuant to a criminal conviction or a juvenile adjudication to  1254
inspect or to obtain a copy of any public record concerning a  1255
criminal investigation or prosecution or concerning what would  1256
be a criminal investigation or prosecution if the subject of the  1257
investigation or prosecution were an adult, unless the request  1258
to inspect or to obtain a copy of the record is for the purpose  1259
of acquiring information that is subject to release as a public  1260
record under this section and the judge who imposed the sentence  1261
or made the adjudication with respect to the person, or the  1262
judge's successor in office, finds that the information sought  1263
in the public record is necessary to support what appears to be  1264
a justiciable claim of the person. As used in this division,  1265
"public record concerning a criminal investigation or  1266
prosecution or concerning what would be a criminal investigation  1267
or prosecution if the subject of the investigation were an  1268
adult" includes, but is not limited to, personnel files and  1269
payroll and attendance records of designated public service  1270
workers.  1271
       (9)(a) Upon written request made and signed by a  1272
journalist, a public office, or person responsible for public  1273
records, having custody of the records of the agency employing a  1274
specified designated public service worker shall disclose to the  1275
journalist the address of the actual personal residence of the  1276
designated public service worker and, if the designated public  1277
service worker's spouse, former spouse, or child is employed by  1278
a public office, the name and address of the employer of the  1279
S. B. No. 420  Page 45
As Introduced
designated public service worker's spouse, former spouse, or  1280
child, and any past, current, and future work schedules of the  1281
designated public service worker. The request shall include the  1282
journalist's name and title and the name and address of the  1283
journalist's employer and shall state that disclosure of the  1284
information sought would be in the public interest.  1285
       (b) Division (B)(9)(a) of this section also applies to  1286
journalist requests for:  1287
       (i) Customer information maintained by a municipally owned  1288
or operated public utility, other than social security numbers  1289
and any private financial information such as credit reports,  1290
payment methods, credit card numbers, and bank account  1291
information;  1292
       (ii) Information about minors involved in a school vehicle  1293
accident as provided in division (A)(1)(gg) of this section,  1294
other than personal information as defined in section 149.45 of  1295
the Revised Code;  1296
       (iii) A request form submitted to a public office under  1297
section 149.45 of the Revised Code;  1298
       (iv) An affidavit submitted under section 319.28 of the  1299
Revised Code.  1300
       (c) As used in division (B)(9) of this section,  1301
"journalist" means a person engaged in, connected with, or  1302
employed by any news medium, including a newspaper, magazine,  1303
press association, news agency, or wire service, a radio or  1304
television station, or a similar medium, for the purpose of  1305
gathering, processing, transmitting, compiling, editing, or  1306
disseminating information for the general public.  1307
       (10) Upon a request made by a victim, victim's attorney,  1308
S. B. No. 420  Page 46
As Introduced
or victim's representative, as that term is used in section  1309
2930.02 of the Revised Code, a public office or person  1310
responsible for public records shall transmit a copy of a  1311
depiction of the victim as described in division (A)(1)(ii) of  1312
this section to the victim, victim's attorney, or victim's  1313
representative.  1314
       (11) A state or local law enforcement agency or a  1315
prosecuting attorney's office shall not charge a fee for  1316
preparing a video record for inspection, or producing a copy of  1317
a video record, when the requester of the video record is a  1318
victim, as defined in Ohio Constitution, Article I, Section 10a,  1319
or who is a victim who suffered loss and could seek remedy  1320
through a tort action as defined by section 2307.011 of the  1321
Revised Code, who reasonably asserts that the video recording  1322
relates to the act or omission that caused the victim's harm or  1323
loss, or who is the legal counsel or insurer of the victim. A  1324
fee under this section may only be waived upon the receipt of an  1325
affidavit by the victim or the victim's legal counsel  1326
identifying that the use of the video is to investigate harm or  1327
damages that may have been captured on the video.  1328
       As used in this division, "legal counsel of the victim"  1329
means an attorney who, at the time of making the request,  1330
produces to the state or local law enforcement agency or a  1331
prosecuting attorney's office a signed retention agreement or  1332
letter of representation that establishes that the attorney is  1333
representing the victim.  1334
       (C)(1) If a person allegedly is aggrieved by the failure  1335
of a public office or the person responsible for public records  1336
to promptly prepare a public record and to make it available to  1337
the person for inspection in accordance with division (B) of  1338
S. B. No. 420  Page 47
As Introduced
this section or by any other failure of a public office or the  1339
person responsible for public records to comply with an  1340
obligation in accordance with division (B) of this section, the  1341
person allegedly aggrieved may serve pursuant to Rule 4 of the  1342
Ohio Rules of Civil Procedure a complaint, on a form prescribed  1343
by the clerk of the court of claims, to the public office or  1344
person responsible for public records allegedly responsible for  1345
the alleged failure. Upon receipt of the complaint of the person  1346
allegedly aggrieved, the public office or person responsible for  1347
public records has three business days to cure or otherwise  1348
address the failure alleged in the complaint. The person  1349
allegedly aggrieved shall not file a complaint with a court or  1350
commence a mandamus action under this section within the three-  1351
day period. Upon the expiration of the three-day period, the  1352
person allegedly aggrieved may, subject to the requirements of  1353
division (C)(2) of this section, do only one of the following,  1354
and not both:  1355
       (a) File a complaint with the clerk of the court of claims  1356
or the clerk of the court of common pleas under section 2743.75  1357
of the Revised Code;  1358
       (b) Commence a mandamus action to obtain a judgment that  1359
orders the public office or the person responsible for the  1360
public record to comply with division (B) of this section, that  1361
awards court costs and reasonable attorney's fees to the person  1362
that instituted the mandamus action, and, if applicable, that  1363
includes an order fixing statutory damages under division (C)(3)  1364
of this section. The mandamus action may be commenced in the  1365
court of common pleas of the county in which division (B) of  1366
this section allegedly was not complied with, in the supreme  1367
court pursuant to its original jurisdiction under Section 2 of  1368
Article IV, Ohio Constitution, or in the court of appeals for  1369
S. B. No. 420  Page 48
As Introduced
the appellate district in which division (B) of this section  1370
allegedly was not complied with pursuant to its original  1371
jurisdiction under Section 3 of Article IV, Ohio Constitution.  1372
        (2) Upon filing a complaint or mandamus action with a  1373
court under divisions (C)(1)(a) or (b) of this section, a person  1374
allegedly aggrieved shall file with the court, in conjunction  1375
with the person's complaint or petition, a written affirmation  1376
stating that the person properly transmitted a complaint to the  1377
public office or person responsible for public records, the  1378
failure alleged in the complaint has not been cured or otherwise  1379
resolved to the person's satisfaction, and that the complaint  1380
was transmitted to the public office or person responsible for  1381
public records at least three business days before the filing of  1382
the suit. If the person fails to file an affirmation pursuant to  1383
this division, the suit shall be dismissed.  1384
        (3) If a requester transmits a written request by hand  1385
delivery, electronic submission, or certified mail to inspect or  1386
receive copies of any public record in a manner that fairly  1387
describes the public record or class of public records to the  1388
public office or person responsible for the requested public  1389
records, except as otherwise provided in this section, the  1390
requester shall be entitled to recover the amount of statutory  1391
damages set forth in this division if a court determines that  1392
the public office or the person responsible for public records  1393
failed to comply with an obligation in accordance with division  1394
(B) of this section. Statutory damages are not available  1395
pursuant to this section to a person committed to the custody of  1396
the department of rehabilitation and correction or the United  1397
States bureau of prisons, or a child committed to the department  1398
of youth services as permitted in Chapter 2152. of the Revised  1399
Code.  1400
S. B. No. 420  Page 49
As Introduced
       The amount of statutory damages shall be fixed at one  1401
hundred dollars for each business day during which the public  1402
office or person responsible for the requested public records  1403
failed to comply with an obligation in accordance with division  1404
(B) of this section, beginning with the day on which the  1405
requester files a mandamus action to recover statutory damages,  1406
up to a maximum of one thousand dollars. The award of statutory  1407
damages shall not be construed as a penalty, but as compensation  1408
for injury arising from lost use of the requested information.  1409
The existence of this injury shall be conclusively presumed. The  1410
award of statutory damages shall be in addition to all other  1411
remedies authorized by this section.  1412
       The court may reduce an award of statutory damages or not  1413
award statutory damages if the court determines both of the  1414
following:  1415
       (a) That, based on the ordinary application of statutory  1416
law and case law as it existed at the time of the conduct or  1417
threatened conduct of the public office or person responsible  1418
for the requested public records that allegedly constitutes a  1419
failure to comply with an obligation in accordance with division  1420
(B) of this section and that was the basis of the mandamus  1421
action, a well-informed public office or person responsible for  1422
the requested public records reasonably would believe that the  1423
conduct or threatened conduct of the public office or person  1424
responsible for the requested public records did not constitute  1425
a failure to comply with an obligation in accordance with  1426
division (B) of this section;  1427
       (b) That a well-informed public office or person  1428
responsible for the requested public records reasonably would  1429
believe that the conduct or threatened conduct of the public  1430
S. B. No. 420  Page 50
As Introduced
office or person responsible for the requested public records  1431
would serve the public policy that underlies the authority that  1432
is asserted as permitting that conduct or threatened conduct.  1433
       (4) In a mandamus action filed under division (C)(1) of  1434
this section, the following apply:  1435
       (a)(i) If the court orders the public office or the person  1436
responsible for the public record to comply with division (B) of  1437
this section, the court shall determine and award to the relator  1438
all court costs, which shall be construed as remedial and not  1439
punitive.  1440
       (ii) If the court makes a determination described in  1441
division (C)(4)(b)(iii) of this section, the court shall  1442
determine and award to the relator all court costs, which shall  1443
be construed as remedial and not punitive.  1444
       (b) If the court renders a judgment that orders the public  1445
office or the person responsible for the public record to comply  1446
with division (B) of this section or if the court determines any  1447
of the following, the court may award reasonable attorney's fees  1448
to the relator, subject to division (C)(5) of this section:  1449
       (i) The public office or the person responsible for the  1450
public records failed to respond affirmatively or negatively to  1451
the public records request in accordance with the time allowed  1452
under division (B) of this section.  1453
       (ii) The public office or the person responsible for the  1454
public records promised to permit the relator to inspect or  1455
receive copies of the public records requested within a  1456
specified period of time but failed to fulfill that promise  1457
within that specified period of time.  1458
       (iii) The public office or the person responsible for the  1459
S. B. No. 420  Page 51
As Introduced
public records acted in bad faith when the office or person  1460
voluntarily made the public records available to the relator for  1461
the first time after the relator commenced the mandamus action,  1462
but before the court issued any order concluding whether or not  1463
the public office or person was required to comply with division  1464
(B) of this section. No discovery may be conducted on the issue  1465
of the alleged bad faith of the public office or person  1466
responsible for the public records. This division shall not be  1467
construed as creating a presumption that the public office or  1468
the person responsible for the public records acted in bad faith  1469
when the office or person voluntarily made the public records  1470
available to the relator for the first time after the relator  1471
commenced the mandamus action, but before the court issued any  1472
order described in this division.  1473
       (c) The court shall not award attorney's fees to the  1474
relator if the court determines both of the following:  1475
       (i) That, based on the ordinary application of statutory  1476
law and case law as it existed at the time of the conduct or  1477
threatened conduct of the public office or person responsible  1478
for the requested public records that allegedly constitutes a  1479
failure to comply with an obligation in accordance with division  1480
(B) of this section and that was the basis of the mandamus  1481
action, a well-informed public office or person responsible for  1482
the requested public records reasonably would believe that the  1483
conduct or threatened conduct of the public office or person  1484
responsible for the requested public records did not constitute  1485
a failure to comply with an obligation in accordance with  1486
division (B) of this section;  1487
       (ii) That a well-informed public office or person  1488
responsible for the requested public records reasonably would  1489
S. B. No. 420  Page 52
As Introduced
believe that the conduct or threatened conduct of the public  1490
office or person responsible for the requested public records  1491
would serve the public policy that underlies the authority that  1492
is asserted as permitting that conduct or threatened conduct.  1493
       (5) All of the following apply to any award of reasonable  1494
attorney's fees awarded under division (C)(4)(b) of this  1495
section:  1496
       (a) The fees shall be construed as remedial and not  1497
punitive.  1498
       (b) The fees awarded shall not exceed the total of the  1499
reasonable attorney's fees incurred before the public record was  1500
made available to the relator and the fees described in division  1501
(C)(5)(c) of this section.  1502
       (c) Reasonable attorney's fees shall include reasonable  1503
fees incurred to produce proof of the reasonableness and amount  1504
of the fees and to otherwise litigate entitlement to the fees.  1505
       (d) The court may reduce the amount of fees awarded if the  1506
court determines that, given the factual circumstances involved  1507
with the specific public records request, an alternative means  1508
should have been pursued to more effectively and efficiently  1509
resolve the dispute that was subject to the mandamus action  1510
filed under division (C)(1) of this section.  1511
       (6) If the court does not issue a writ of mandamus under  1512
division (C) of this section and the court determines at that  1513
time that the bringing of the mandamus action was frivolous  1514
conduct as defined in division (A) of section 2323.51 of the  1515
Revised Code, the court may award to the public office all court  1516
costs, expenses, and reasonable attorney's fees, as determined  1517
by the court.  1518
S. B. No. 420  Page 53
As Introduced
       (D) Chapter 1347. of the Revised Code does not limit the  1519
provisions of this section.  1520
       (E)(1) To ensure that all employees of public offices are  1521
appropriately educated about a public office's obligations under  1522
division (B) of this section, all elected officials or their  1523
appropriate designees shall attend training approved by the  1524
attorney general as provided in section 109.43 of the Revised  1525
Code. A future official may satisfy the requirements of this  1526
division by attending the training before taking office,  1527
provided that the future official may not send a designee in the  1528
future official's place.  1529
       (2) All public offices shall adopt a public records policy  1530
in compliance with this section for responding to public records  1531
requests. In adopting a public records policy under this  1532
division, a public office may obtain guidance from the model  1533
public records policy developed and provided to the public  1534
office by the attorney general under section 109.43 of the  1535
Revised Code. Except as otherwise provided in this section, the  1536
policy may not limit the number of public records that the  1537
public office will make available to a single person, may not  1538
limit the number of public records that it will make available  1539
during a fixed period of time, and may not establish a fixed  1540
period of time before it will respond to a request for  1541
inspection or copying of public records, unless that period is  1542
less than eight hours.  1543
       The public office shall distribute the public records  1544
policy adopted by the public office under this division to the  1545
employee of the public office who is the records custodian or  1546
records manager or otherwise has custody of the records of that  1547
office. The public office shall require that employee to  1548
S. B. No. 420  Page 54
As Introduced
acknowledge receipt of the copy of the public records policy.  1549
The public office shall create a poster that describes its  1550
public records policy and shall post the poster in a conspicuous  1551
place in the public office and in all locations where the public  1552
office has branch offices. The public office may post its public  1553
records policy on the internet web site of the public office if  1554
the public office maintains an internet web site. A public  1555
office that has established a manual or handbook of its general  1556
policies and procedures for all employees of the public office  1557
shall include the public records policy of the public office in  1558
the manual or handbook.  1559
       (F)(1) The bureau of motor vehicles may adopt rules  1560
pursuant to Chapter 119. of the Revised Code to reasonably limit  1561
the number of bulk commercial special extraction requests made  1562
by a person for the same records or for updated records during a  1563
calendar year. The rules may include provisions for charges to  1564
be made for bulk commercial special extraction requests for the  1565
actual cost of the bureau, plus special extraction costs, plus  1566
ten per cent. The bureau may charge for expenses for redacting  1567
information, the release of which is prohibited by law.  1568
       (2) As used in division (F)(1) of this section:  1569
       (a) "Actual cost" means the cost of depleted supplies,  1570
records storage media costs, actual mailing and alternative  1571
delivery costs, or other transmitting costs, and any direct  1572
equipment operating and maintenance costs, including actual  1573
costs paid to private contractors for copying services.  1574
       (b) "Bulk commercial special extraction request" means a  1575
request for copies of a record for information in a format other  1576
than the format already available, or information that cannot be  1577
extracted without examination of all items in a records series,  1578
S. B. No. 420  Page 55
As Introduced
class of records, or database by a person who intends to use or  1579
forward the copies for surveys, marketing, solicitation, or  1580
resale for commercial purposes. "Bulk commercial special  1581
extraction request" does not include a request by a person who  1582
gives assurance to the bureau that the person making the request  1583
does not intend to use or forward the requested copies for  1584
surveys, marketing, solicitation, or resale for commercial  1585
purposes.  1586
       (c) "Commercial" means profit-seeking production, buying,  1587
or selling of any good, service, or other product.  1588
       (d) "Special extraction costs" means the cost of the time  1589
spent by the lowest paid employee competent to perform the task,  1590
the actual amount paid to outside private contractors employed  1591
by the bureau, or the actual cost incurred to create computer  1592
programs to make the special extraction. "Special extraction  1593
costs" include any charges paid to a public agency for computer  1594
or records services.  1595
       (3) For purposes of divisions (F)(1) and (2) of this  1596
section, "surveys, marketing, solicitation, or resale for  1597
commercial purposes" shall be narrowly construed and does not  1598
include reporting or gathering news, reporting or gathering  1599
information to assist citizen oversight or understanding of the  1600
operation or activities of government, or nonprofit educational  1601
research.  1602
       (G) A request by a defendant, counsel of a defendant, or  1603
any agent of a defendant in a criminal action that public  1604
records related to that action be made available under this  1605
section shall be considered a demand for discovery pursuant to  1606
the Criminal Rules, except to the extent that the Criminal Rules  1607
plainly indicate a contrary intent. The defendant, counsel of  1608
S. B. No. 420  Page 56
As Introduced
the defendant, or agent of the defendant making a request under  1609
this division shall serve a copy of the request on the  1610
prosecuting attorney, director of law, or other chief legal  1611
officer responsible for prosecuting the action.  1612
       (H)(1) Any portion of a body-worn camera or dashboard  1613
camera recording described in divisions (A)(17)(b) to (h) of  1614
this section may be released by consent of the subject of the  1615
recording or a representative of that person, as specified in  1616
those divisions, only if either of the following applies:  1617
       (a) The recording will not be used in connection with any  1618
probable or pending criminal proceedings;  1619
       (b) The recording has been used in connection with a  1620
criminal proceeding that was dismissed or for which a judgment  1621
has been entered pursuant to Rule 32 of the Rules of Criminal  1622
Procedure, and will not be used again in connection with any  1623
probable or pending criminal proceedings.  1624
       (2) If a public office denies a request to release a  1625
restricted portion of a body-worn camera or dashboard camera  1626
recording, as defined in division (A)(17) of this section, any  1627
person may file a mandamus action pursuant to this section or a  1628
complaint with the clerk of the court of claims pursuant to  1629
section 2743.75 of the Revised Code, requesting the court to  1630
order the release of all or portions of the recording. If the  1631
court considering the request determines that the filing  1632
articulates by clear and convincing evidence that the public  1633
interest in the recording substantially outweighs privacy  1634
interests and other interests asserted to deny release, the  1635
court shall order the public office to release the recording.  1636
       Sec. 187.01. As used in this chapter, "JobsOhio" means the  1637
S. B. No. 420  Page 57
As Introduced
nonprofit corporation formed under this section, and includes  1638
any subsidiary of that corporation. In any section of law that  1639
refers to the nonprofit corporation formed under this section,  1640
reference to the corporation includes reference to any such  1641
subsidiary unless otherwise specified or clearly appearing from  1642
the context.  1643
       The governor is hereby authorized to form a nonprofit  1644
corporation, to be named "JobsOhio," with the purposes of  1645
promoting economic development, job creation, job retention, job  1646
training, and the recruitment of business to this state. Except  1647
as otherwise provided in this chapter, the corporation shall be  1648
organized and operated in accordance with Chapter 1702. of the  1649
Revised Code. The governor shall sign and file articles of  1650
incorporation for the corporation with the secretary of state.  1651
The legal existence of the corporation shall begin upon the  1652
filing of the articles.  1653
       In addition to meeting the requirements for articles of  1654
incorporation in Chapter 1702. of the Revised Code, the articles  1655
of incorporation for the nonprofit corporation shall set forth  1656
the following:  1657
       (A) The designation of the name of the corporation as  1658
JobsOhio;  1659
       (B) The creation of a board of directors consisting of  1660
nine directors, to be appointed by the governor, who satisfy the  1661
qualifications prescribed by section 187.02 of the Revised Code;  1662
       (C) A requirement that the governor make initial  1663
appointments to the board within sixty days after the filing of  1664
the articles of incorporation. Of the initial appointments made  1665
to the board, two shall be for a term ending one year after the  1666
S. B. No. 420  Page 58
As Introduced
date the articles were filed, two shall be for a term ending two  1667
years after the date the articles were filed, and five shall be  1668
for a term ending four years after the date the articles were  1669
filed. The articles shall state that, following the initial  1670
appointments, the governor shall appoint directors to terms of  1671
office of four years, with each term of office ending on the  1672
same day of the same month as did the term that it succeeds. If  1673
any director dies, resigns, or the director's status changes  1674
such that any of the requirements of division (C) of section  1675
187.02 of the Revised Code are no longer met, that director's  1676
seat on the board shall become immediately vacant. The governor  1677
shall forthwith fill the vacancy by appointment for the  1678
remainder of the term of office of the vacated seat.  1679
       (D) A requirement that the governor appoint one director  1680
to be chairperson of the board and procedures for electing  1681
directors to serve as officers of the corporation and members of  1682
an executive committee;  1683
       (E) A provision for the appointment of a chief investment  1684
officer of the corporation by the recommendation of the board  1685
and approval of the governor. The chief investment officer shall  1686
serve at the pleasure of the board and shall have the power to  1687
execute contracts, spend corporation funds, and hire employees  1688
on behalf of the corporation. If the position of chief  1689
investment officer becomes vacant for any reason, the vacancy  1690
shall be filled in the same manner as provided in this division.  1691
       (F) Provisions requiring the board to do all of the  1692
following:  1693
       (1) Adopt one or more resolutions providing for  1694
compensation of the chief investment officer;  1695
S. B. No. 420  Page 59
As Introduced
        (2) Approve an employee compensation plan recommended by  1696
the chief investment officer;  1697
        (3) Approve a contract with the director of development  1698
services for the corporation to assist the director and the  1699
department of development services agency with providing  1700
services or otherwise carrying out the functions or duties of  1701
the agencydepartment, including the operation and management of  1702
programs, offices, divisions, or boards, as may be determined by  1703
the director of development services in consultation with the  1704
governor;  1705
        (4) Approve all major contracts for services recommended  1706
by the chief investment officer;  1707
        (5) Establish an annual strategic plan and standards of  1708
measure to be used in evaluating the corporation's success in  1709
executing the plan;  1710
        (6) Establish a conflicts of interest policy that, at a  1711
minimum, complies with section 187.06 of the Revised Code;  1712
        (7) Hold a minimum of four board of directors meetings per  1713
year at which a quorum of the board is physically present, and  1714
such other meetings, at which directors' physical presence is  1715
not required, as may be necessary. Meetings at which a quorum of  1716
the board is required to be physically present are subject to  1717
divisions (C), (D), and (E) of section 187.03 of the Revised  1718
Code.  1719
        (8) Establish a records retention policy and present the  1720
policy, and any subsequent changes to the policy, at a meeting  1721
of the board of directors at which a quorum of the board is  1722
required to be physically present pursuant to division (F)(7) of  1723
this section;  1724
S. B. No. 420  Page 60
As Introduced
       (9) Adopt standards of conduct for the directors.  1725
       (G) A statement that directors shall not receive any  1726
compensation from the corporation, except that directors may be  1727
reimbursed for actual and necessary expenses incurred in  1728
connection with services performed for the corporation;  1729
       (H) A provision authorizing the board to amend provisions  1730
of the corporation's articles of incorporation or regulations,  1731
except provisions required by this chapter;  1732
       (I) Procedures by which the corporation would be dissolved  1733
and by which all corporation rights and assets would be  1734
distributed to the state or to another corporation organized  1735
under this chapter. These procedures shall incorporate any  1736
separate procedures subsequently set forth in this chapter for  1737
the dissolution of the corporation. The articles shall state  1738
that no dissolution shall take effect until the corporation has  1739
made adequate provision for the payment of any outstanding  1740
bonds, notes, or other obligations.  1741
       (J) A provision establishing an audit committee to be  1742
comprised of directors. The articles shall require that the  1743
audit committee hire a firm of independent certified public  1744
accountants, selected in consultation with the auditor of state,  1745
to perform, once each year, a financial audit of the corporation  1746
and of any nonprofit entity the sole member of which is  1747
JobsOhio. The articles also shall require all of the following:  1748
       (1) Commencing with JobsOhio's fiscal year beginning July  1749
1, 2012, the financial statements to be audited are to be  1750
prepared in accordance with accounting principles and standards  1751
set forth in all applicable pronouncements of the governmental  1752
accounting standards board;  1753
S. B. No. 420  Page 61
As Introduced
       (2) The firm of independent certified public accountants  1754
hired is to conduct a supplemental compliance and control review  1755
pursuant to a written agreement by and among the firm, the  1756
auditor of state, JobsOhio, and any nonprofit entity the sole  1757
member of which is JobsOhio; and  1758
       (3) A copy of each financial audit report and each report  1759
of the results of the compliance and control review are to be  1760
provided to the governor, the auditor of state, the speaker of  1761
the house of representatives, and the president of the senate.  1762
       (K) A provision authorizing a majority of the  1763
disinterested directors to remove a director for misconduct, as  1764
that term may be defined in the articles or regulations of the  1765
corporation. The removal of a director under this division  1766
creates a vacancy on the board that the governor shall fill by  1767
appointment for the remainder of the term of office of the  1768
vacated seat.  1769
       Sec. 187.03. (A) JobsOhio may perform such functions as  1770
permitted and shall perform such duties as prescribed by law and  1771
as set forth in any contract entered into under section 187.04  1772
of the Revised Code, but shall not be considered a state or  1773
public department, agency, office, body, institution, or  1774
instrumentality for purposes of section 1.60 or Chapter 102.,  1775
121., 125., or 149. of the Revised Code. JobsOhio and its board  1776
of directors are not subject to the following sections of  1777
Chapter 1702. of the Revised Code: sections 1702.03, 1702.08,  1778
1702.09, 1702.21, 1702.24, 1702.26, 1702.27, 1702.28, 1702.29,  1779
1702.301, 1702.33, 1702.34, 1702.37, 1702.38, 1702.40 to  1780
1702.52, 1702.521, 1702.54, 1702.57, 1702.58, 1702.59, 1702.60,  1781
1702.80, and 1702.99. Nothing in this division shall be  1782
construed to impair the powers and duties of the Ohio ethics  1783
S. B. No. 420  Page 62
As Introduced
commission described in section 102.06 of the Revised Code to  1784
investigate and enforce section 102.02 of the Revised Code with  1785
regard to individuals required to file statements under division  1786
(B)(2) of this section.  1787
       (B)(1) Directors and employees of JobsOhio are not  1788
employees or officials of the state and, except as provided in  1789
division (B)(2) of this section, are not subject to Chapter  1790
102., 124., 145., or 4117. of the Revised Code.  1791
       (2) The chief investment officer, any other officer or  1792
employee with significant administrative, supervisory,  1793
contracting, or investment authority, and any director of  1794
JobsOhio shall file, with the Ohio ethics commission, a  1795
financial disclosure statement pursuant to section 102.02 of the  1796
Revised Code that includes, in place of the information required  1797
by divisions (A)(2)(b), (g), (h), and (i) of that section, the  1798
information required by divisions (A) and (B) of section 102.022  1799
of the Revised Code. The governor shall comply with all  1800
applicable requirements of section 102.02 of the Revised Code.  1801
       (3) Actual or in-kind expenditures for the travel, meals,  1802
or lodging of the governor or of any public official or employee  1803
designated by the governor for the purpose of this division  1804
shall not be considered a violation of section 102.03 of the  1805
Revised Code if the expenditures are made by the corporation, or  1806
on behalf of the corporation by any person, in connection with  1807
the governor's performance of official duties related to  1808
JobsOhio. The governor may designate any person, including a  1809
person who is a public official or employee as defined in  1810
section 102.01 of the Revised Code, for the purpose of this  1811
division if such expenditures are made on behalf of the person  1812
in connection with the governor's performance of official duties  1813
S. B. No. 420  Page 63
As Introduced
related to JobsOhio. A public official or employee so designated  1814
by the governor shall comply with all applicable requirements of  1815
section 102.02 of the Revised Code.  1816
       At the times and frequency agreed to under division (B)(2)  1817
(b) of section 187.04 of the Revised Code, beginning in 2012,  1818
the corporation shall file with the department of development a  1819
written report of all such expenditures paid or incurred during  1820
the preceding calendar year. The report shall state the dollar  1821
value and purpose of each expenditure, the date of each  1822
expenditure, the name of the person that paid or incurred each  1823
expenditure, and the location, if any, where services or  1824
benefits of an expenditure were received, provided that any such  1825
information that may disclose proprietary information as defined  1826
in division (C) of this section shall not be included in the  1827
report.  1828
       (4) The prohibition applicable to former public officials  1829
or employees in division (A)(1) of section 102.03 of the Revised  1830
Code does not apply to any person appointed to be a director or  1831
hired as an employee of JobsOhio.  1832
       (5) Notwithstanding division (A)(2) of section 145.01 of  1833
the Revised Code, any person who is a former state employee  1834
shall no longer be considered a public employee for purposes of  1835
Chapter 145. of the Revised Code upon commencement of employment  1836
with JobsOhio.  1837
       (6) Any director, officer, or employee of JobsOhio may  1838
request an advisory opinion from the Ohio ethics commission with  1839
regard to questions concerning the provisions of sections 102.02  1840
and 102.022 of the Revised Code to which the person is subject.  1841
       (C) Meetings of the board of directors at which a quorum  1842
S. B. No. 420  Page 64
As Introduced
of the board is required to be physically present pursuant to  1843
division (F) of section 187.01 of the Revised Code shall be open  1844
to the public except, by a majority vote of the directors  1845
present at the meeting, such a meeting may be closed to the  1846
public only for one or more of the following purposes:  1847
       (1) To consider business strategy of the corporation;  1848
       (2) To consider proprietary information belonging to  1849
potential applicants or potential recipients of business  1850
recruitment, retention, or creation incentives. For the purposes  1851
of this division, "proprietary information" means marketing  1852
plans, specific business strategy, production techniques and  1853
trade secrets, financial projections, or personal financial  1854
statements of applicants or members of the applicants' immediate  1855
family, including, but not limited to, tax records or other  1856
similar information not open to the public inspection.  1857
       (3) To consider legal matters, including litigation, in  1858
which the corporation is or may be involved;  1859
       (4) To consider personnel matters related to an individual  1860
employee of the corporation.  1861
       (D) The board of directors shall establish a reasonable  1862
method whereby any person may obtain the time and place of all  1863
public meetings described in division (C) of this section. The  1864
method shall provide that any person, upon request and payment  1865
of a reasonable fee, may obtain reasonable advance notification  1866
of all such meetings.  1867
       (E) The board of directors shall promptly prepare, file,  1868
and maintain minutes of all public meetings described in  1869
division (C) of this sectionare subject to section 121.22 of the  1870
Revised Code.  1871
S. B. No. 420  Page 65
As Introduced
       (F)(D) Not later than the first day of July of each year,  1872
the chief investment officer of JobsOhio shall prepare and  1873
submit a report of the corporation's activities for the  1874
preceding year to the governor, the speaker and minority leader  1875
of the house of representatives, and the president and minority  1876
leader of the senate. The annual report shall include the  1877
following:  1878
       (1) An analysis of the state's economy;  1879
       (2) A description of the structure, operation, and  1880
financial status of the corporation;  1881
       (3) A description of the corporation's strategy to improve  1882
the state economy and the standards of measure used to evaluate  1883
its progress;  1884
       (4) An evaluation of the performance of current strategies  1885
and major initiatives;  1886
       (5) An analysis of any statutory or administrative  1887
barriers to successful economic development, business  1888
recruitment, and job growth in the state identified by JobsOhio  1889
during the preceding year.  1890
       Sec. 187.04. (A) The director of development services, as  1891
soon as practical after February 18, 2011, shall execute a  1892
contract with JobsOhio for the corporation to assist the  1893
director and the department of development services agency with  1894
providing services or otherwise carrying out the functions or  1895
duties of the agencydepartment, including the operation and  1896
management of programs, offices, divisions, or boards, as may be  1897
determined by the director in consultation with the governor.  1898
The approval or disapproval of awards involving public money  1899
shall remain functions of the agencydepartment. All contracts  1900
S. B. No. 420  Page 66
As Introduced
for grants, loans, and tax incentives involving public money  1901
shall be between the agency department and the recipient and  1902
shall be enforced by the agencydepartment. JobsOhio may not  1903
execute contracts obligating the agency department for loans,  1904
grants, tax credits, or incentive awards recommended by JobsOhio  1905
to the agencydepartment. Prior to execution, all contracts  1906
between the director and JobsOhio entered into under this  1907
section that obligate the agency department to pay JobsOhio for  1908
services rendered are subject to controlling board approval.  1909
       The term of an initial contract entered into under this  1910
section shall not extend beyond June 30, 2013. Thereafter, the  1911
director and JobsOhio may renew the contract for subsequent  1912
fiscal biennia, but at no time shall a particular contract be  1913
effective for longer than a fiscal biennium of the general  1914
assembly.  1915
       JobsOhio's provision of services to the agency department  1916
as described in this section shall be pursuant to a contract  1917
entered into under this section. If at any time the director  1918
determines that the contract with JobsOhio may not be renewed  1919
for the subsequent fiscal biennium, the director shall notify  1920
JobsOhio of the director's decision not later than one hundred  1921
twenty days prior to the end of the current fiscal biennium. If  1922
the director does not provide such written notice to JobsOhio  1923
prior to one hundred days before the end of the current fiscal  1924
biennium, the contract shall be renewed upon such terms as the  1925
parties may agree, subject to the requirements of this section.  1926
       (B) A contract entered into under this section shall  1927
include all of the following:  1928
       (1) Terms assigning to the corporation the duties of  1929
advising and assisting the director in the director's evaluation  1930
S. B. No. 420  Page 67
As Introduced
of the agency department and the formulation of recommendations  1931
under section 187.05 of the Revised Code;  1932
       (2) Terms designating records created or received by  1933
JobsOhio that shall be made available to the public under the  1934
same conditions as are public records under section 149.43 of  1935
the Revised Code. Documents designated to be made available to  1936
the public pursuant to the contract shall be kept on file with  1937
the agencydepartment.  1938
       Among records to be designated under this division shall  1939
be the following:  1940
       (a) The corporation's federal income tax returns;  1941
       (b) The report of expenditures described in division (B)  1942
(3) of section 187.03 of the Revised Code. The records shall be  1943
filed with the agency department at such times and frequency as  1944
agreed to by the corporation and the agencydepartment, which  1945
shall not be less frequently than quarterly.  1946
       (c) The annual total compensation paid to each officer and  1947
employee of the corporation;  1948
       (d) A copy of the report for each financial audit of the  1949
corporation and of each supplemental compliance and control  1950
review of the corporation performed by a firm of independent  1951
certified public accountants pursuant to division (J) of section  1952
187.01 of the Revised Code.  1953
       (e) Records of any fully executed incentive proposals, to  1954
be filed annually;  1955
       (f) Records pertaining to the monitoring of commitments  1956
made by incentive recipients, to be filed annually;  1957
       (g) A copy of the minutes of all public meetings described  1958
S. B. No. 420  Page 68
As Introduced
in division (C) of section 187.03 of the Revised Code not  1959
otherwise closed to the public.  1960
       (3) The following statement acknowledging that JobsOhio is  1961
not acting as an agent of the state:  1962
       "JobsOhio shall have no power or authority to bind the  1963
state or to assume or create an obligation or responsibility,  1964
expressed or implied, on behalf of the state or in its name, nor  1965
shall JobsOhio represent to any person that it has any such  1966
power or authority, except as expressly provided in this  1967
contract."  1968
       (C)(1) Records created by JobsOhio are not public records  1969
for the purposes of Chapter 149. of the Revised Code, regardless  1970
of who may have custody of the records, unless the record is  1971
designated to be available to the public by the contract under  1972
division (B)(2) of this section.  1973
       (2) Records received by JobsOhio from any person or entity  1974
that is not subject to section 149.43 of the Revised Code are  1975
not public records for purposes of Chapter 149. of the Revised  1976
Code, regardless of who may have custody of the records, unless  1977
the record is designated to be available to the public by the  1978
contract under division (B)(2) of this section.  1979
       (3) Records received by JobsOhio from a public office as  1980
defined in section 149.011 of the Revised Code that are not  1981
public records under section 149.43 of the Revised Code when in  1982
the custody of the public office are not public records for the  1983
purposes of section 149.43 of the Revised Code regardless of who  1984
has custody of the records.  1985
       (4)(3) Division (B) of section 4701.19 of the Revised Code  1986
applies to any work papers of the firm of independent certified  1987
S. B. No. 420  Page 69
As Introduced
public accountants engaged to perform the annual financial audit  1988
and the supplemental compliance and control review described in  1989
division (J) of section 187.01 of the Revised Code, and to the  1990
financial audit report and any report of the supplemental  1991
compliance and control review, unless the record is designated  1992
to be available to the public by the contract under division (B)  1993
(2) of this section.  1994
       (D) Any contract executed under authority of this section  1995
shall not negate, impair, or otherwise adversely affect the  1996
obligation of this state to pay debt charges on securities  1997
executed by the director or issued by the treasurer of state,  1998
Ohio public facilities commission, or any other issuing  1999
authority under Chapter 122., 151., 165., or 166. of the Revised  2000
Code to fund economic development programs of the state, or to  2001
abide by any pledge or covenant relating to the payment of those  2002
debt charges made in any related proceedings. As used in this  2003
division, "debt charges," "proceedings," and "securities" have  2004
the same meanings as in section 133.01 of the Revised Code.  2005
       (E) Nothing in this section, other than the requirement of  2006
controlling board approval, shall prohibit the agency department  2007
from contracting with JobsOhio to perform any of the following  2008
functions:  2009
       (1) Promoting and advocating for the state;  2010
       (2) Making recommendations to the agencydepartment;  2011
       (3) Performing research for the agencydepartment;  2012
       (4) Establishing and managing programs or offices on  2013
behalf of the agencydepartment, by contract;  2014
       (5) Negotiating on behalf of the state.  2015
S. B. No. 420  Page 70
As Introduced
       (F) Nothing in this section, other than the requirement of  2016
controlling board approval, shall prohibit the agency department  2017
from compensating JobsOhio from funds currently appropriated to  2018
the agency department to perform the functions described in  2019
division (E) of this section.  2020
       Section 2. That existing sections 117.46, 121.01, 121.22,  2021
149.011, 149.43, 187.01, 187.03, and 187.04 of the Revised Code  2022
are hereby repealed.  2023