Bill Text: OH HB189 | 2013-2014 | 130th General Assembly | Introduced


Bill Title: To create the JobsOhio Accountability Act.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2013-06-04 - To Policy and Legislative Oversight [HB189 Detail]

Download: Ohio-2013-HB189-Introduced.html
As Introduced

130th General Assembly
Regular Session
2013-2014
H. B. No. 189


Representatives Carney, Lundy 

Cosponsors: Representatives Driehaus, Pillich 



A BILL
To amend sections 102.01, 117.01, 121.22, 121.41, 1
125.20, 149.43, 187.03, and 4113.51 and to enact 2
sections 187.14, 187.15, 187.16, and 187.17 of the 3
Revised Code to create the JobsOhio Accountability 4
Act. 5


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

       Section 1.  That sections 102.01, 117.01, 121.22, 121.41, 6
125.20, 149.43, 187.03, and 4113.51 be amended and sections 7
187.14, 187.15, 187.16, and 187.17 of the Revised Code be enacted 8
to read as follows:9

       Sec. 102.01.  As used in this chapter:10

       (A) "Compensation" means money, thing of value, or financial 11
benefit. "Compensation" does not include reimbursement for actual 12
and necessary expenses incurred in the performance of official 13
duties.14

       (B)(1) "Public official or employee" means any person who is 15
elected or appointed to an office or is an employee of any public 16
agency. "Public official or employee" includes the directors and 17
employees of the nonprofit corporation formed under section 187.01 18
of the Revised Code and its subsidiaries.19

       (2) "Public official or employee" does not include a person 20
elected or appointed to the office of precinct, ward, or district 21
committee member under section 3517.03 of the Revised Code, any 22
presidential elector, or any delegate to a national convention. 23
"Public official or employee" does not include a person who is a 24
teacher, instructor, professor, or other kind of educator whose 25
position does not involve the performance of, or authority to 26
perform, administrative or supervisory functions.27

       (C)(1) "Public agency" means the general assembly, all 28
courts, any department, division, institution, board, commission, 29
authority, bureau or other instrumentality of the state, a county, 30
city, village, or township, the five state retirement systems, or 31
any other governmental entity. "Public agency" includes the 32
nonprofit corporation formed under section 187.01 of the Revised 33
Code and its subsidiaries.34

       (2) "Public agency" does not include a department, division, 35
institution, board, commission, authority, or other 36
instrumentality of the state or a county, municipal corporation, 37
township, or other governmental entity that functions exclusively 38
for cultural, educational, historical, humanitarian, advisory, or 39
research purposes; that does not expend more than ten thousand 40
dollars per calendar year, excluding salaries and wages of 41
employees; and whose members are uncompensated. "Public agency" 42
does not include the nonprofit corporation formed under section 43
187.01 of the Revised Code.44

       (D) "Immediate family" means a spouse residing in the 45
person's household and any dependent child.46

       (E) "Income" includes gross income as defined and used in the 47
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as 48
amended, interest and dividends on obligations or securities of 49
any state or of any political subdivision or authority of any 50
state or political subdivision, and interest or dividends on 51
obligations of any authority, commission, or instrumentality of 52
the United States.53

       (F) Except as otherwise provided in division (A) of section 54
102.08 of the Revised Code, "appropriate ethics commission" means:55

       (1) For matters relating to members of the general assembly, 56
employees of the general assembly, employees of the legislative 57
service commission, candidates for the office of member of the 58
general assembly, and public members appointed to the Ohio 59
constitutional modernization commission under section 103.63 of 60
the Revised Code, the joint legislative ethics committee;61

       (2) For matters relating to judicial officers and employees, 62
and candidates for judicial office, the board of commissioners on 63
grievances and discipline of the supreme court;64

       (3) For matters relating to all other persons, the Ohio 65
ethics commission.66

       (G) "Anything of value" has the same meaning as provided in 67
section 1.03 of the Revised Code and includes, but is not limited 68
to, a contribution as defined in section 3517.01 of the Revised 69
Code.70

       (H) "Honorarium" means any payment made in consideration for 71
any speech given, article published, or attendance at any public 72
or private conference, convention, meeting, social event, meal, or 73
similar gathering. "Honorarium" does not include ceremonial gifts 74
or awards that have insignificant monetary value; unsolicited 75
gifts of nominal value or trivial items of informational value; or 76
earned income from any person, other than a legislative agent, for 77
personal services that are customarily provided in connection with 78
the practice of a bona fide business, if that business initially 79
began before the public official or employee conducting that 80
business was elected or appointed to the public official's or 81
employee's office or position of employment.82

       (I) "Employer" means any person who, directly or indirectly, 83
engages an executive agency lobbyist or legislative agent.84

       (J) "Executive agency decision," "executive agency lobbyist," 85
and "executive agency lobbying activity" have the same meanings as 86
in section 121.60 of the Revised Code.87

       (K) "Legislation," "legislative agent," "financial 88
transaction," and "actively advocate" have the same meanings as in 89
section 101.70 of the Revised Code.90

       (L) "Expenditure" has the same meaning as in section 101.70 91
of the Revised Code when used in relation to activities of a 92
legislative agent, and the same meaning as in section 121.60 of 93
the Revised Code when used in relation to activities of an 94
executive agency lobbyist.95

       Sec. 117.01.  As used in this chapter:96

       (A) "Color of office" means actually, purportedly, or 97
allegedly done under any law, ordinance, resolution, order, or 98
other pretension to official right, power, or authority.99

       (B) "Public accountant" means any person who is authorized by 100
Chapter 4701. of the Revised Code to use the designation of 101
certified public accountant or who was registered prior to January 102
1, 1971, as a public accountant.103

       (C)(1) "Public money" means any money received, collected by, 104
or due a public official under color of office, as well as any 105
money collected by any individual on behalf of a public office or 106
as a purported representative or agent of the public office.107

       (2) With respect to the transfer and operation of the 108
enterprise acquisition project, "public money" includes all 109
revenue and receipts of or from the enterprise acquisition project 110
in the possession of JobsOhio or any subsidiary of JobsOhio. For 111
purposes of division (C)(2) of this section, "enterprise 112
acquisition project" and "JobsOhio" have the same meanings as in 113
section 4313.01 of the Revised Code.114

       (D) "Public office" means any state agency, public 115
institution, political subdivision, other organized body, office, 116
agency, institution, or entity established by the laws of this 117
state for the exercise of any function of government. "Public 118
office" does not includeincludes the nonprofit corporation formed 119
under section 187.01 of the Revised Code and its subsidiaries.120

       (E) "Public official" means any officer, employee, or duly 121
authorized representative or agent of a public office.122

       (F) "State agency" means every organized body, office, 123
agency, institution, or other entity established by the laws of 124
the state for the exercise of any function of state government.125

       (G) "Audit" means any of the following:126

       (1) Any examination, analysis, or inspection of the state's 127
or a public office's financial statements or reports;128

       (2) Any examination, analysis, or inspection of records, 129
documents, books, or any other evidence relating to either of the 130
following:131

       (a) The collection, receipt, accounting, use, or expenditure 132
of public money by a public office or by a private institution, 133
association, board, or corporation;134

       (b) The determination by the auditor of state, as required by 135
section 117.11 of the Revised Code, of whether a public office has 136
complied with all the laws, rules, ordinances, or orders 137
pertaining to the public office.138

       (3) Any other type of examination, analysis, or inspection of 139
a public office or of a private institution, association, board, 140
or corporation receiving public money that is conducted according 141
to generally accepted or governmental auditing standards 142
established by rule pursuant to section 117.19 of the Revised 143
Code.144

       Sec. 121.22.  (A) This section shall be liberally construed 145
to require public officials to take official action and to conduct 146
all deliberations upon official business only in open meetings 147
unless the subject matter is specifically excepted by law.148

       (B) As used in this section:149

       (1) "Public body" means any of the following:150

       (a) Any board, commission, committee, council, or similar 151
decision-making body of a state agency, institution, or authority, 152
and any legislative authority or board, commission, committee, 153
council, agency, authority, or similar decision-making body of any 154
county, township, municipal corporation, school district, or other 155
political subdivision or local public institution;156

       (b) Any committee or subcommittee of a body described in 157
division (B)(1)(a) of this section;158

       (c) A court of jurisdiction of a sanitary district organized 159
wholly for the purpose of providing a water supply for domestic, 160
municipal, and public use when meeting for the purpose of the 161
appointment, removal, or reappointment of a member of the board of 162
directors of such a district pursuant to section 6115.10 of the 163
Revised Code, if applicable, or for any other matter related to 164
such a district other than litigation involving the district. As 165
used in division (B)(1)(c) of this section, "court of 166
jurisdiction" has the same meaning as "court" in section 6115.01 167
of the Revised Code.168

       (2) "Meeting" means any prearranged discussion of the public 169
business of the public body by a majority of its members.170

       (3) "Regulated individual" means either of the following:171

       (a) A student in a state or local public educational 172
institution;173

       (b) A person who is, voluntarily or involuntarily, an inmate, 174
patient, or resident of a state or local institution because of 175
criminal behavior, mental illness or retardation, disease, 176
disability, age, or other condition requiring custodial care.177

       (4) "Public office" has the same meaning as in section 178
149.011 of the Revised Code.179

       (C) All meetings of any public body are declared to be public 180
meetings open to the public at all times. A member of a public 181
body shall be present in person at a meeting open to the public to 182
be considered present or to vote at the meeting and for purposes 183
of determining whether a quorum is present at the meeting.184

       The minutes of a regular or special meeting of any public 185
body shall be promptly prepared, filed, and maintained and shall 186
be open to public inspection. The minutes need only reflect the 187
general subject matter of discussions in executive sessions 188
authorized under division (G) or (J) of this section.189

       (D) This section does not apply to any of the following:190

       (1) A grand jury;191

       (2) An audit conference conducted by the auditor of state or 192
independent certified public accountants with officials of the 193
public office that is the subject of the audit;194

       (3) The adult parole authority when its hearings are 195
conducted at a correctional institution for the sole purpose of 196
interviewing inmates to determine parole or pardon;197

       (4) The organized crime investigations commission established 198
under section 177.01 of the Revised Code;199

       (5) Meetings of a child fatality review board established 200
under section 307.621 of the Revised Code and meetings conducted 201
pursuant to sections 5153.171 to 5153.173 of the Revised Code;202

       (6) The state medical board when determining whether to 203
suspend a certificate without a prior hearing pursuant to division 204
(G) of either section 4730.25 or 4731.22 of the Revised Code;205

       (7) The board of nursing when determining whether to suspend 206
a license or certificate without a prior hearing pursuant to 207
division (B) of section 4723.281 of the Revised Code;208

       (8) The state board of pharmacy when determining whether to 209
suspend a license without a prior hearing pursuant to division (D) 210
of section 4729.16 of the Revised Code;211

       (9) The state chiropractic board when determining whether to 212
suspend a license without a hearing pursuant to section 4734.37 of 213
the Revised Code;214

       (10) The executive committee of the emergency response 215
commission when determining whether to issue an enforcement order 216
or request that a civil action, civil penalty action, or criminal 217
action be brought to enforce Chapter 3750. of the Revised Code;218

       (11) The board of directors of the nonprofit corporation 219
formed under section 187.01 of the Revised Code or any committee 220
thereof, and the board of directors of any subsidiary of that 221
corporation or a committee thereof;222

       (12) An audit conference conducted by the audit staff of the 223
department of job and family services with officials of the public 224
office that is the subject of that audit under section 5101.37 of 225
the Revised Code.226

       (E) The controlling board, the industrial technology and 227
enterprise advisory council, the tax credit authority, or the 228
minority development financing advisory board, when meeting to 229
consider granting assistance pursuant to Chapter 122. or 166. of 230
the Revised Code, in order to protect the interest of the 231
applicant or the possible investment of public funds, by unanimous 232
vote of all board, council, or authority members present, may 233
close the meeting during consideration of the following 234
information confidentially received by the authority, council, or 235
board from the applicant:236

       (1) Marketing plans;237

       (2) Specific business strategy;238

       (3) Production techniques and trade secrets;239

       (4) Financial projections;240

       (5) Personal financial statements of the applicant or members 241
of the applicant's immediate family, including, but not limited 242
to, tax records or other similar information not open to public 243
inspection.244

       The vote by the authority, council, or board to accept or 245
reject the application, as well as all proceedings of the 246
authority, council, or board not subject to this division, shall 247
be open to the public and governed by this section.248

       (F) Every public body, by rule, shall establish a reasonable 249
method whereby any person may determine the time and place of all 250
regularly scheduled meetings and the time, place, and purpose of 251
all special meetings. A public body shall not hold a special 252
meeting unless it gives at least twenty-four hours' advance notice 253
to the news media that have requested notification, except in the 254
event of an emergency requiring immediate official action. In the 255
event of an emergency, the member or members calling the meeting 256
shall notify the news media that have requested notification 257
immediately of the time, place, and purpose of the meeting.258

       The rule shall provide that any person, upon request and 259
payment of a reasonable fee, may obtain reasonable advance 260
notification of all meetings at which any specific type of public 261
business is to be discussed. Provisions for advance notification 262
may include, but are not limited to, mailing the agenda of 263
meetings to all subscribers on a mailing list or mailing notices 264
in self-addressed, stamped envelopes provided by the person.265

       (G) Except as provided in division (J) of this section, the 266
members of a public body may hold an executive session only after 267
a majority of a quorum of the public body determines, by a roll 268
call vote, to hold an executive session and only at a regular or 269
special meeting for the sole purpose of the consideration of any 270
of the following matters:271

       (1) To consider the appointment, employment, dismissal, 272
discipline, promotion, demotion, or compensation of a public 273
employee or official, or the investigation of charges or 274
complaints against a public employee, official, licensee, or 275
regulated individual, unless the public employee, official, 276
licensee, or regulated individual requests a public hearing. 277
Except as otherwise provided by law, no public body shall hold an 278
executive session for the discipline of an elected official for 279
conduct related to the performance of the elected official's 280
official duties or for the elected official's removal from office. 281
If a public body holds an executive session pursuant to division 282
(G)(1) of this section, the motion and vote to hold that executive 283
session shall state which one or more of the approved purposes 284
listed in division (G)(1) of this section are the purposes for 285
which the executive session is to be held, but need not include 286
the name of any person to be considered at the meeting.287

       (2) To consider the purchase of property for public purposes, 288
or for the sale of property at competitive bidding, if premature 289
disclosure of information would give an unfair competitive or 290
bargaining advantage to a person whose personal, private interest 291
is adverse to the general public interest. No member of a public 292
body shall use division (G)(2) of this section as a subterfuge for 293
providing covert information to prospective buyers or sellers. A 294
purchase or sale of public property is void if the seller or buyer 295
of the public property has received covert information from a 296
member of a public body that has not been disclosed to the general 297
public in sufficient time for other prospective buyers and sellers 298
to prepare and submit offers.299

       If the minutes of the public body show that all meetings and 300
deliberations of the public body have been conducted in compliance 301
with this section, any instrument executed by the public body 302
purporting to convey, lease, or otherwise dispose of any right, 303
title, or interest in any public property shall be conclusively 304
presumed to have been executed in compliance with this section 305
insofar as title or other interest of any bona fide purchasers, 306
lessees, or transferees of the property is concerned.307

       (3) Conferences with an attorney for the public body 308
concerning disputes involving the public body that are the subject 309
of pending or imminent court action;310

       (4) Preparing for, conducting, or reviewing negotiations or 311
bargaining sessions with public employees concerning their 312
compensation or other terms and conditions of their employment;313

       (5) Matters required to be kept confidential by federal law 314
or regulations or state statutes;315

       (6) Details relative to the security arrangements and 316
emergency response protocols for a public body or a public office, 317
if disclosure of the matters discussed could reasonably be 318
expected to jeopardize the security of the public body or public 319
office;320

       (7) In the case of a county hospital operated pursuant to 321
Chapter 339. of the Revised Code, a joint township hospital 322
operated pursuant to Chapter 513. of the Revised Code, or a 323
municipal hospital operated pursuant to Chapter 749. of the 324
Revised Code, to consider trade secrets, as defined in section 325
1333.61 of the Revised Code.326

       If a public body holds an executive session to consider any 327
of the matters listed in divisions (G)(2) to (7) of this section, 328
the motion and vote to hold that executive session shall state 329
which one or more of the approved matters listed in those 330
divisions are to be considered at the executive session.331

       A public body specified in division (B)(1)(c) of this section 332
shall not hold an executive session when meeting for the purposes 333
specified in that division.334

       (H) A resolution, rule, or formal action of any kind is 335
invalid unless adopted in an open meeting of the public body. A 336
resolution, rule, or formal action adopted in an open meeting that 337
results from deliberations in a meeting not open to the public is 338
invalid unless the deliberations were for a purpose specifically 339
authorized in division (G) or (J) of this section and conducted at 340
an executive session held in compliance with this section. A 341
resolution, rule, or formal action adopted in an open meeting is 342
invalid if the public body that adopted the resolution, rule, or 343
formal action violated division (F) of this section.344

       (I)(1) Any person may bring an action to enforce this 345
section. An action under division (I)(1) of this section shall be 346
brought within two years after the date of the alleged violation 347
or threatened violation. Upon proof of a violation or threatened 348
violation of this section in an action brought by any person, the 349
court of common pleas shall issue an injunction to compel the 350
members of the public body to comply with its provisions.351

       (2)(a) If the court of common pleas issues an injunction 352
pursuant to division (I)(1) of this section, the court shall order 353
the public body that it enjoins to pay a civil forfeiture of five 354
hundred dollars to the party that sought the injunction and shall 355
award to that party all court costs and, subject to reduction as 356
described in division (I)(2) of this section, reasonable 357
attorney's fees. The court, in its discretion, may reduce an award 358
of attorney's fees to the party that sought the injunction or not 359
award attorney's fees to that party if the court determines both 360
of the following:361

       (i) That, based on the ordinary application of statutory law 362
and case law as it existed at the time of violation or threatened 363
violation that was the basis of the injunction, a well-informed 364
public body reasonably would believe that the public body was not 365
violating or threatening to violate this section;366

       (ii) That a well-informed public body reasonably would 367
believe that the conduct or threatened conduct that was the basis 368
of the injunction would serve the public policy that underlies the 369
authority that is asserted as permitting that conduct or 370
threatened conduct.371

       (b) If the court of common pleas does not issue an injunction 372
pursuant to division (I)(1) of this section and the court 373
determines at that time that the bringing of the action was 374
frivolous conduct, as defined in division (A) of section 2323.51 375
of the Revised Code, the court shall award to the public body all 376
court costs and reasonable attorney's fees, as determined by the 377
court.378

       (3) Irreparable harm and prejudice to the party that sought 379
the injunction shall be conclusively and irrebuttably presumed 380
upon proof of a violation or threatened violation of this section.381

       (4) A member of a public body who knowingly violates an 382
injunction issued pursuant to division (I)(1) of this section may 383
be removed from office by an action brought in the court of common 384
pleas for that purpose by the prosecuting attorney or the attorney 385
general.386

       (J)(1) Pursuant to division (C) of section 5901.09 of the 387
Revised Code, a veterans service commission shall hold an 388
executive session for one or more of the following purposes unless 389
an applicant requests a public hearing:390

       (a) Interviewing an applicant for financial assistance under 391
sections 5901.01 to 5901.15 of the Revised Code;392

       (b) Discussing applications, statements, and other documents 393
described in division (B) of section 5901.09 of the Revised Code;394

       (c) Reviewing matters relating to an applicant's request for 395
financial assistance under sections 5901.01 to 5901.15 of the 396
Revised Code.397

       (2) A veterans service commission shall not exclude an 398
applicant for, recipient of, or former recipient of financial 399
assistance under sections 5901.01 to 5901.15 of the Revised Code, 400
and shall not exclude representatives selected by the applicant, 401
recipient, or former recipient, from a meeting that the commission 402
conducts as an executive session that pertains to the applicant's, 403
recipient's, or former recipient's application for financial 404
assistance.405

       (3) A veterans service commission shall vote on the grant or 406
denial of financial assistance under sections 5901.01 to 5901.15 407
of the Revised Code only in an open meeting of the commission. The 408
minutes of the meeting shall indicate the name, address, and 409
occupation of the applicant, whether the assistance was granted or 410
denied, the amount of the assistance if assistance is granted, and 411
the votes for and against the granting of assistance.412

       (K) The meetings of the governing board of a corporation or 413
other person that enters into a public-private partnership, as 414
defined in division (G) of section 149.43 of the Revised Code, are 415
public meetings subject to the requirements of this section, 416
notwithstanding any other law to the contrary that may 417
specifically apply to such a governing board.418

       Sec. 121.41.  As used in sections 121.41 to 121.50 of the 419
Revised Code:420

       (A) "Appropriate ethics commission" has the same meaning as 421
in section 102.01 of the Revised Code.422

       (B) "Appropriate licensing agency" means a public or private 423
entity that is responsible for licensing, certifying, or 424
registering persons who are engaged in a particular vocation.425

       (C) "Person" has the same meaning as in section 1.59 of the 426
Revised Code and also includes any officer or employee of the 427
state or any political subdivision of the state.428

       (D) "State agency" has the same meaning as in section 1.60 of 429
the Revised Codemeans each organized body, office, or agency 430
established by the laws of the state for the exercise of any 431
function of state government and includes the Ohio casino control 432
commission and the nonprofit corporation formed under section 433
187.01 of the Revised Code, a subsidiary of the corporation, or an 434
entity that contracts to perform duties of the corporation, but 435
does not include any of the following:436

       (1) The general assembly;437

       (2) Any court;438

       (3) The secretary of state, auditor of state, treasurer of 439
state, or attorney general and their respective offices. 440

       (E) "State employee" means any person who is an employee of a 441
state agency, or any person who does business with the state 442
including, only for the purposes of sections 121.41 to 121.50 of 443
the Revised Code, the nonprofit corporation formed under section 444
187.01 of the Revised Code.445

       (F) "State officer" means any person who is elected or 446
appointed to a public office in a state agency.447

       (G) "Wrongful act or omission" means an act or omission, 448
committed in the course of office holding or employment, that is 449
not in accordance with the requirements of law or such standards 450
of proper governmental conduct as are commonly accepted in the 451
community and thereby subverts, or tends to subvert, the process 452
of government.453

       Sec. 125.20.  (A) Within one hundred eighty days after the 454
effective date of this sectionOctober 16, 2009, the director of 455
administrative services shall establish an electronic site 456
accessible through the internet to publish the following:457

       (1) A database containing each state employee's gross pay 458
from the most recent pay period. The database shall contain the 459
name of the agency, position title, and employee name. For 460
purposes of division (A)(1) of this section, "state employee" 461
includes the officers and employees of the nonprofit corporation 462
formed under section 187.01 of the Revised Code.463

       (2) A database containing tax credits issued by the director 464
of development services to business entities that shall contain 465
the name under which the tax credit is known, the name of the 466
entity receiving the credit, and the county in which the credit 467
recipient's principal place of business in this state is located.468

       (B) The director of administrative services may adopt rules 469
governing the means by which information is submitted and 470
databases are updated.471

       Sec. 149.43.  (A) As used in this section:472

       (1) "Public record" means records kept by any public office, 473
including, but not limited to, state, county, city, village, 474
township, and school district units, and records pertaining to the 475
delivery of educational services by an alternative school in this 476
state kept by the nonprofit or for-profit entity operating the 477
alternative school pursuant to section 3313.533 of the Revised 478
Code. "Public record" does not mean any of the following:479

       (a) Medical records;480

       (b) Records pertaining to probation and parole proceedings or 481
to proceedings related to the imposition of community control 482
sanctions and post-release control sanctions;483

       (c) Records pertaining to actions under section 2151.85 and 484
division (C) of section 2919.121 of the Revised Code and to 485
appeals of actions arising under those sections;486

       (d) Records pertaining to adoption proceedings, including the 487
contents of an adoption file maintained by the department of 488
health under section 3705.12 of the Revised Code;489

       (e) Information in a record contained in the putative father 490
registry established by section 3107.062 of the Revised Code, 491
regardless of whether the information is held by the department of 492
job and family services or, pursuant to section 3111.69 of the 493
Revised Code, the office of child support in the department or a 494
child support enforcement agency;495

       (f) Records listed in division (A) of section 3107.42 of the 496
Revised Code or specified in division (A) of section 3107.52 of 497
the Revised Code;498

       (g) Trial preparation records;499

       (h) Confidential law enforcement investigatory records;500

       (i) Records containing information that is confidential under 501
section 2710.03 or 4112.05 of the Revised Code;502

       (j) DNA records stored in the DNA database pursuant to 503
section 109.573 of the Revised Code;504

       (k) Inmate records released by the department of 505
rehabilitation and correction to the department of youth services 506
or a court of record pursuant to division (E) of section 5120.21 507
of the Revised Code;508

       (l) Records maintained by the department of youth services 509
pertaining to children in its custody released by the department 510
of youth services to the department of rehabilitation and 511
correction pursuant to section 5139.05 of the Revised Code;512

       (m) Intellectual property records;513

       (n) Donor profile records;514

       (o) Records maintained by the department of job and family 515
services pursuant to section 3121.894 of the Revised Code;516

       (p) Peace officer, parole officer, probation officer, 517
bailiff, prosecuting attorney, assistant prosecuting attorney, 518
correctional employee, community-based correctional facility 519
employee, youth services employee, firefighter, EMT, or 520
investigator of the bureau of criminal identification and 521
investigation residential and familial information;522

       (q) In the case of a county hospital operated pursuant to 523
Chapter 339. of the Revised Code or a municipal hospital operated 524
pursuant to Chapter 749. of the Revised Code, information that 525
constitutes a trade secret, as defined in section 1333.61 of the 526
Revised Code;527

       (r) Information pertaining to the recreational activities of 528
a person under the age of eighteen;529

       (s) Records provided to, statements made by review board 530
members during meetings of, and all work products of a child 531
fatality review board acting under sections 307.621 to 307.629 of 532
the Revised Code, and child fatality review data submitted by the 533
child fatality review board to the department of health or a 534
national child death review database, other than the report 535
prepared pursuant to division (A) of section 307.626 of the 536
Revised Code;537

       (t) Records provided to and statements made by the executive 538
director of a public children services agency or a prosecuting 539
attorney acting pursuant to section 5153.171 of the Revised Code 540
other than the information released under that section;541

       (u) Test materials, examinations, or evaluation tools used in 542
an examination for licensure as a nursing home administrator that 543
the board of examiners of nursing home administrators administers 544
under section 4751.04 of the Revised Code or contracts under that 545
section with a private or government entity to administer;546

       (v) Records the release of which is prohibited by state or 547
federal law;548

       (w) Proprietary information of or relating to any person that 549
is submitted to or compiled by the Ohio venture capital authority 550
created under section 150.01 of the Revised Code;551

       (x) Information reported and evaluations conducted pursuant 552
to section 3701.072 of the Revised Code;553

       (y) Financial statements and data any person submits for any 554
purpose to the Ohio housing finance agency or the controlling 555
board in connection with applying for, receiving, or accounting 556
for financial assistance from the agency, and information that 557
identifies any individual who benefits directly or indirectly from 558
financial assistance from the agency;559

       (z) Records listed in section 5101.29 of the Revised Code;560

       (aa) Discharges recorded with a county recorder under section 561
317.24 of the Revised Code, as specified in division (B)(2) of 562
that section;563

       (bb) Usage information including names and addresses of 564
specific residential and commercial customers of a municipally 565
owned or operated public utility;566

       (cc) Records described in division (C) of section 187.04 of 567
the Revised Code that are not designated to be made available to 568
the public as provided in that division.569

       (2) "Confidential law enforcement investigatory record" means 570
any record that pertains to a law enforcement matter of a 571
criminal, quasi-criminal, civil, or administrative nature, but 572
only to the extent that the release of the record would create a 573
high probability of disclosure of any of the following:574

       (a) The identity of a suspect who has not been charged with 575
the offense to which the record pertains, or of an information 576
source or witness to whom confidentiality has been reasonably 577
promised;578

       (b) Information provided by an information source or witness 579
to whom confidentiality has been reasonably promised, which 580
information would reasonably tend to disclose the source's or 581
witness's identity;582

       (c) Specific confidential investigatory techniques or 583
procedures or specific investigatory work product;584

       (d) Information that would endanger the life or physical 585
safety of law enforcement personnel, a crime victim, a witness, or 586
a confidential information source.587

       (3) "Medical record" means any document or combination of 588
documents, except births, deaths, and the fact of admission to or 589
discharge from a hospital, that pertains to the medical history, 590
diagnosis, prognosis, or medical condition of a patient and that 591
is generated and maintained in the process of medical treatment.592

       (4) "Trial preparation record" means any record that contains 593
information that is specifically compiled in reasonable 594
anticipation of, or in defense of, a civil or criminal action or 595
proceeding, including the independent thought processes and 596
personal trial preparation of an attorney.597

       (5) "Intellectual property record" means a record, other than 598
a financial or administrative record, that is produced or 599
collected by or for faculty or staff of a state institution of 600
higher learning in the conduct of or as a result of study or 601
research on an educational, commercial, scientific, artistic, 602
technical, or scholarly issue, regardless of whether the study or 603
research was sponsored by the institution alone or in conjunction 604
with a governmental body or private concern, and that has not been 605
publicly released, published, or patented.606

       (6) "Donor profile record" means all records about donors or 607
potential donors to a public institution of higher education 608
except the names and reported addresses of the actual donors and 609
the date, amount, and conditions of the actual donation.610

       (7) "Peace officer, parole officer, probation officer, 611
bailiff, prosecuting attorney, assistant prosecuting attorney, 612
correctional employee, community-based correctional facility 613
employee, youth services employee, firefighter, EMT, or 614
investigator of the bureau of criminal identification and 615
investigation residential and familial information" means any 616
information that discloses any of the following about a peace 617
officer, parole officer, probation officer, bailiff, prosecuting 618
attorney, assistant prosecuting attorney, correctional employee, 619
community-based correctional facility employee, youth services 620
employee, firefighter, EMT, or investigator of the bureau of 621
criminal identification and investigation:622

       (a) The address of the actual personal residence of a peace 623
officer, parole officer, probation officer, bailiff, assistant 624
prosecuting attorney, correctional employee, community-based 625
correctional facility employee, youth services employee, 626
firefighter, EMT, or an investigator of the bureau of criminal 627
identification and investigation, except for the state or 628
political subdivision in which the peace officer, parole officer, 629
probation officer, bailiff, assistant prosecuting attorney, 630
correctional employee, community-based correctional facility 631
employee, youth services employee, firefighter, EMT, or 632
investigator of the bureau of criminal identification and 633
investigation resides;634

       (b) Information compiled from referral to or participation in 635
an employee assistance program;636

       (c) The social security number, the residential telephone 637
number, any bank account, debit card, charge card, or credit card 638
number, or the emergency telephone number of, or any medical 639
information pertaining to, a peace officer, parole officer, 640
probation officer, bailiff, prosecuting attorney, assistant 641
prosecuting attorney, correctional employee, community-based 642
correctional facility employee, youth services employee, 643
firefighter, EMT, or investigator of the bureau of criminal 644
identification and investigation;645

       (d) The name of any beneficiary of employment benefits, 646
including, but not limited to, life insurance benefits, provided 647
to a peace officer, parole officer, probation officer, bailiff, 648
prosecuting attorney, assistant prosecuting attorney, correctional 649
employee, community-based correctional facility employee, youth 650
services employee, firefighter, EMT, or investigator of the bureau 651
of criminal identification and investigation by the peace 652
officer's, parole officer's, probation officer's, bailiff's, 653
prosecuting attorney's, assistant prosecuting attorney's, 654
correctional employee's, community-based correctional facility 655
employee's, youth services employee's, firefighter's, EMT's, or 656
investigator of the bureau of criminal identification and 657
investigation's employer;658

       (e) The identity and amount of any charitable or employment 659
benefit deduction made by the peace officer's, parole officer's, 660
probation officer's, bailiff's, prosecuting attorney's, assistant 661
prosecuting attorney's, correctional employee's, community-based 662
correctional facility employee's, youth services employee's, 663
firefighter's, EMT's, or investigator of the bureau of criminal 664
identification and investigation's employer from the peace 665
officer's, parole officer's, probation officer's, bailiff's, 666
prosecuting attorney's, assistant prosecuting attorney's, 667
correctional employee's, community-based correctional facility 668
employee's, youth services employee's, firefighter's, EMT's, or 669
investigator of the bureau of criminal identification and 670
investigation's compensation unless the amount of the deduction is 671
required by state or federal law;672

       (f) The name, the residential address, the name of the 673
employer, the address of the employer, the social security number, 674
the residential telephone number, any bank account, debit card, 675
charge card, or credit card number, or the emergency telephone 676
number of the spouse, a former spouse, or any child of a peace 677
officer, parole officer, probation officer, bailiff, prosecuting 678
attorney, assistant prosecuting attorney, correctional employee, 679
community-based correctional facility employee, youth services 680
employee, firefighter, EMT, or investigator of the bureau of 681
criminal identification and investigation;682

       (g) A photograph of a peace officer who holds a position or 683
has an assignment that may include undercover or plain clothes 684
positions or assignments as determined by the peace officer's 685
appointing authority.686

       As used in divisions (A)(7) and (B)(9) of this section, 687
"peace officer" has the same meaning as in section 109.71 of the 688
Revised Code and also includes the superintendent and troopers of 689
the state highway patrol; it does not include the sheriff of a 690
county or a supervisory employee who, in the absence of the 691
sheriff, is authorized to stand in for, exercise the authority of, 692
and perform the duties of the sheriff.693

       As used in divisions (A)(7) and (B)(5) of this section, 694
"correctional employee" means any employee of the department of 695
rehabilitation and correction who in the course of performing the 696
employee's job duties has or has had contact with inmates and 697
persons under supervision.698

        As used in divisions (A)(7) and (B)(5) of this section, 699
"youth services employee" means any employee of the department of 700
youth services who in the course of performing the employee's job 701
duties has or has had contact with children committed to the 702
custody of the department of youth services.703

       As used in divisions (A)(7) and (B)(9) of this section, 704
"firefighter" means any regular, paid or volunteer, member of a 705
lawfully constituted fire department of a municipal corporation, 706
township, fire district, or village.707

       As used in divisions (A)(7) and (B)(9) of this section, "EMT" 708
means EMTs-basic, EMTs-I, and paramedics that provide emergency 709
medical services for a public emergency medical service 710
organization. "Emergency medical service organization," 711
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in 712
section 4765.01 of the Revised Code.713

       As used in divisions (A)(7) and (B)(9) of this section, 714
"investigator of the bureau of criminal identification and 715
investigation" has the meaning defined in section 2903.11 of the 716
Revised Code.717

       (8) "Information pertaining to the recreational activities of 718
a person under the age of eighteen" means information that is kept 719
in the ordinary course of business by a public office, that 720
pertains to the recreational activities of a person under the age 721
of eighteen years, and that discloses any of the following:722

       (a) The address or telephone number of a person under the age 723
of eighteen or the address or telephone number of that person's 724
parent, guardian, custodian, or emergency contact person;725

       (b) The social security number, birth date, or photographic 726
image of a person under the age of eighteen;727

       (c) Any medical record, history, or information pertaining to 728
a person under the age of eighteen;729

       (d) Any additional information sought or required about a 730
person under the age of eighteen for the purpose of allowing that 731
person to participate in any recreational activity conducted or 732
sponsored by a public office or to use or obtain admission 733
privileges to any recreational facility owned or operated by a 734
public office.735

       (9) "Community control sanction" has the same meaning as in 736
section 2929.01 of the Revised Code.737

       (10) "Post-release control sanction" has the same meaning as 738
in section 2967.01 of the Revised Code.739

        (11) "Redaction" means obscuring or deleting any information 740
that is exempt from the duty to permit public inspection or 741
copying from an item that otherwise meets the definition of a 742
"record" in section 149.011 of the Revised Code.743

       (12) "Designee" and "elected official" have the same meanings 744
as in section 109.43 of the Revised Code.745

       (B)(1) Upon request and subject to division (B)(8) of this 746
section, all public records responsive to the request shall be 747
promptly prepared and made available for inspection to any person 748
at all reasonable times during regular business hours. Subject to 749
division (B)(8) of this section, upon request, a public office or 750
person responsible for public records shall make copies of the 751
requested public record available at cost and within a reasonable 752
period of time. If a public record contains information that is 753
exempt from the duty to permit public inspection or to copy the 754
public record, the public office or the person responsible for the 755
public record shall make available all of the information within 756
the public record that is not exempt. When making that public 757
record available for public inspection or copying that public 758
record, the public office or the person responsible for the public 759
record shall notify the requester of any redaction or make the 760
redaction plainly visible. A redaction shall be deemed a denial of 761
a request to inspect or copy the redacted information, except if 762
federal or state law authorizes or requires a public office to 763
make the redaction.764

       (2) To facilitate broader access to public records, a public 765
office or the person responsible for public records shall organize 766
and maintain public records in a manner that they can be made 767
available for inspection or copying in accordance with division 768
(B) of this section. A public office also shall have available a 769
copy of its current records retention schedule at a location 770
readily available to the public. If a requester makes an ambiguous 771
or overly broad request or has difficulty in making a request for 772
copies or inspection of public records under this section such 773
that the public office or the person responsible for the requested 774
public record cannot reasonably identify what public records are 775
being requested, the public office or the person responsible for 776
the requested public record may deny the request but shall provide 777
the requester with an opportunity to revise the request by 778
informing the requester of the manner in which records are 779
maintained by the public office and accessed in the ordinary 780
course of the public office's or person's duties.781

       (3) If a request is ultimately denied, in part or in whole, 782
the public office or the person responsible for the requested 783
public record shall provide the requester with an explanation, 784
including legal authority, setting forth why the request was 785
denied. If the initial request was provided in writing, the 786
explanation also shall be provided to the requester in writing. 787
The explanation shall not preclude the public office or the person 788
responsible for the requested public record from relying upon 789
additional reasons or legal authority in defending an action 790
commenced under division (C) of this section.791

       (4) Unless specifically required or authorized by state or 792
federal law or in accordance with division (B) of this section, no 793
public office or person responsible for public records may limit 794
or condition the availability of public records by requiring 795
disclosure of the requester's identity or the intended use of the 796
requested public record. Any requirement that the requester 797
disclose the requestor's identity or the intended use of the 798
requested public record constitutes a denial of the request.799

       (5) A public office or person responsible for public records 800
may ask a requester to make the request in writing, may ask for 801
the requester's identity, and may inquire about the intended use 802
of the information requested, but may do so only after disclosing 803
to the requester that a written request is not mandatory and that 804
the requester may decline to reveal the requester's identity or 805
the intended use and when a written request or disclosure of the 806
identity or intended use would benefit the requester by enhancing 807
the ability of the public office or person responsible for public 808
records to identify, locate, or deliver the public records sought 809
by the requester.810

       (6) If any person chooses to obtain a copy of a public record 811
in accordance with division (B) of this section, the public office 812
or person responsible for the public record may require that 813
person to pay in advance the cost involved in providing the copy 814
of the public record in accordance with the choice made by the 815
person seeking the copy under this division. The public office or 816
the person responsible for the public record shall permit that 817
person to choose to have the public record duplicated upon paper, 818
upon the same medium upon which the public office or person 819
responsible for the public record keeps it, or upon any other 820
medium upon which the public office or person responsible for the 821
public record determines that it reasonably can be duplicated as 822
an integral part of the normal operations of the public office or 823
person responsible for the public record. When the person seeking 824
the copy makes a choice under this division, the public office or 825
person responsible for the public record shall provide a copy of 826
it in accordance with the choice made by the person seeking the 827
copy. Nothing in this section requires a public office or person 828
responsible for the public record to allow the person seeking a 829
copy of the public record to make the copies of the public record.830

       (7) Upon a request made in accordance with division (B) of 831
this section and subject to division (B)(6) of this section, a 832
public office or person responsible for public records shall 833
transmit a copy of a public record to any person by United States 834
mail or by any other means of delivery or transmission within a 835
reasonable period of time after receiving the request for the 836
copy. The public office or person responsible for the public 837
record may require the person making the request to pay in advance 838
the cost of postage if the copy is transmitted by United States 839
mail or the cost of delivery if the copy is transmitted other than 840
by United States mail, and to pay in advance the costs incurred 841
for other supplies used in the mailing, delivery, or transmission.842

       Any public office may adopt a policy and procedures that it 843
will follow in transmitting, within a reasonable period of time 844
after receiving a request, copies of public records by United 845
States mail or by any other means of delivery or transmission 846
pursuant to this division. A public office that adopts a policy 847
and procedures under this division shall comply with them in 848
performing its duties under this division.849

       In any policy and procedures adopted under this division, a 850
public office may limit the number of records requested by a 851
person that the office will transmit by United States mail to ten 852
per month, unless the person certifies to the office in writing 853
that the person does not intend to use or forward the requested 854
records, or the information contained in them, for commercial 855
purposes. For purposes of this division, "commercial" shall be 856
narrowly construed and does not include reporting or gathering 857
news, reporting or gathering information to assist citizen 858
oversight or understanding of the operation or activities of 859
government, or nonprofit educational research.860

       (8) A public office or person responsible for public records 861
is not required to permit a person who is incarcerated pursuant to 862
a criminal conviction or a juvenile adjudication to inspect or to 863
obtain a copy of any public record concerning a criminal 864
investigation or prosecution or concerning what would be a 865
criminal investigation or prosecution if the subject of the 866
investigation or prosecution were an adult, unless the request to 867
inspect or to obtain a copy of the record is for the purpose of 868
acquiring information that is subject to release as a public 869
record under this section and the judge who imposed the sentence 870
or made the adjudication with respect to the person, or the 871
judge's successor in office, finds that the information sought in 872
the public record is necessary to support what appears to be a 873
justiciable claim of the person.874

       (9)(a) Upon written request made and signed by a journalist 875
on or after December 16, 1999, a public office, or person 876
responsible for public records, having custody of the records of 877
the agency employing a specified peace officer, parole officer, 878
probation officer, bailiff, prosecuting attorney, assistant 879
prosecuting attorney, correctional employee, community-based 880
correctional facility employee, youth services employee, 881
firefighter, EMT, or investigator of the bureau of criminal 882
identification and investigation shall disclose to the journalist 883
the address of the actual personal residence of the peace officer, 884
parole officer, probation officer, bailiff, prosecuting attorney, 885
assistant prosecuting attorney, correctional employee, 886
community-based correctional facility employee, youth services 887
employee, firefighter, EMT, or investigator of the bureau of 888
criminal identification and investigation and, if the peace 889
officer's, parole officer's, probation officer's, bailiff's, 890
prosecuting attorney's, assistant prosecuting attorney's, 891
correctional employee's, community-based correctional facility 892
employee's, youth services employee's, firefighter's, EMT's, or 893
investigator of the bureau of criminal identification and 894
investigation's spouse, former spouse, or child is employed by a 895
public office, the name and address of the employer of the peace 896
officer's, parole officer's, probation officer's, bailiff's, 897
prosecuting attorney's, assistant prosecuting attorney's, 898
correctional employee's, community-based correctional facility 899
employee's, youth services employee's, firefighter's, EMT's, or 900
investigator of the bureau of criminal identification and 901
investigation's spouse, former spouse, or child. The request shall 902
include the journalist's name and title and the name and address 903
of the journalist's employer and shall state that disclosure of 904
the information sought would be in the public interest.905

       (b) Division (B)(9)(a) of this section also applies to 906
journalist requests for customer information maintained by a 907
municipally owned or operated public utility, other than social 908
security numbers and any private financial information such as 909
credit reports, payment methods, credit card numbers, and bank 910
account information.911

       (c) As used in division (B)(9) of this section, "journalist" 912
means a person engaged in, connected with, or employed by any news 913
medium, including a newspaper, magazine, press association, news 914
agency, or wire service, a radio or television station, or a 915
similar medium, for the purpose of gathering, processing, 916
transmitting, compiling, editing, or disseminating information for 917
the general public.918

       (C)(1) If a person allegedly is aggrieved by the failure of a 919
public office or the person responsible for public records to 920
promptly prepare a public record and to make it available to the 921
person for inspection in accordance with division (B) of this 922
section or by any other failure of a public office or the person 923
responsible for public records to comply with an obligation in 924
accordance with division (B) of this section, the person allegedly 925
aggrieved may commence a mandamus action to obtain a judgment that 926
orders the public office or the person responsible for the public 927
record to comply with division (B) of this section, that awards 928
court costs and reasonable attorney's fees to the person that 929
instituted the mandamus action, and, if applicable, that includes 930
an order fixing statutory damages under division (C)(1) of this 931
section. The mandamus action may be commenced in the court of 932
common pleas of the county in which division (B) of this section 933
allegedly was not complied with, in the supreme court pursuant to 934
its original jurisdiction under Section 2 of Article IV, Ohio 935
Constitution, or in the court of appeals for the appellate 936
district in which division (B) of this section allegedly was not 937
complied with pursuant to its original jurisdiction under Section 938
3 of Article IV, Ohio Constitution.939

       If a requestor transmits a written request by hand delivery 940
or certified mail to inspect or receive copies of any public 941
record in a manner that fairly describes the public record or 942
class of public records to the public office or person responsible 943
for the requested public records, except as otherwise provided in 944
this section, the requestor shall be entitled to recover the 945
amount of statutory damages set forth in this division if a court 946
determines that the public office or the person responsible for 947
public records failed to comply with an obligation in accordance 948
with division (B) of this section.949

       The amount of statutory damages shall be fixed at one hundred 950
dollars for each business day during which the public office or 951
person responsible for the requested public records failed to 952
comply with an obligation in accordance with division (B) of this 953
section, beginning with the day on which the requester files a 954
mandamus action to recover statutory damages, up to a maximum of 955
one thousand dollars. The award of statutory damages shall not be 956
construed as a penalty, but as compensation for injury arising 957
from lost use of the requested information. The existence of this 958
injury shall be conclusively presumed. The award of statutory 959
damages shall be in addition to all other remedies authorized by 960
this section.961

       The court may reduce an award of statutory damages or not 962
award statutory damages if the court determines both of the 963
following:964

       (a) That, based on the ordinary application of statutory law 965
and case law as it existed at the time of the conduct or 966
threatened conduct of the public office or person responsible for 967
the requested public records that allegedly constitutes a failure 968
to comply with an obligation in accordance with division (B) of 969
this section and that was the basis of the mandamus action, a 970
well-informed public office or person responsible for the 971
requested public records reasonably would believe that the conduct 972
or threatened conduct of the public office or person responsible 973
for the requested public records did not constitute a failure to 974
comply with an obligation in accordance with division (B) of this 975
section;976

       (b) That a well-informed public office or person responsible 977
for the requested public records reasonably would believe that the 978
conduct or threatened conduct of the public office or person 979
responsible for the requested public records would serve the 980
public policy that underlies the authority that is asserted as 981
permitting that conduct or threatened conduct.982

       (2)(a) If the court issues a writ of mandamus that orders the 983
public office or the person responsible for the public record to 984
comply with division (B) of this section and determines that the 985
circumstances described in division (C)(1) of this section exist, 986
the court shall determine and award to the relator all court 987
costs.988

       (b) If the court renders a judgment that orders the public 989
office or the person responsible for the public record to comply 990
with division (B) of this section, the court may award reasonable 991
attorney's fees subject to reduction as described in division 992
(C)(2)(c) of this section. The court shall award reasonable 993
attorney's fees, subject to reduction as described in division 994
(C)(2)(c) of this section when either of the following applies:995

        (i) The public office or the person responsible for the 996
public records failed to respond affirmatively or negatively to 997
the public records request in accordance with the time allowed 998
under division (B) of this section.999

        (ii) The public office or the person responsible for the 1000
public records promised to permit the relator to inspect or 1001
receive copies of the public records requested within a specified 1002
period of time but failed to fulfill that promise within that 1003
specified period of time.1004

       (c) Court costs and reasonable attorney's fees awarded under 1005
this section shall be construed as remedial and not punitive. 1006
Reasonable attorney's fees shall include reasonable fees incurred 1007
to produce proof of the reasonableness and amount of the fees and 1008
to otherwise litigate entitlement to the fees. The court may 1009
reduce an award of attorney's fees to the relator or not award 1010
attorney's fees to the relator if the court determines both of the 1011
following:1012

       (i) That, based on the ordinary application of statutory law 1013
and case law as it existed at the time of the conduct or 1014
threatened conduct of the public office or person responsible for 1015
the requested public records that allegedly constitutes a failure 1016
to comply with an obligation in accordance with division (B) of 1017
this section and that was the basis of the mandamus action, a 1018
well-informed public office or person responsible for the 1019
requested public records reasonably would believe that the conduct 1020
or threatened conduct of the public office or person responsible 1021
for the requested public records did not constitute a failure to 1022
comply with an obligation in accordance with division (B) of this 1023
section;1024

       (ii) That a well-informed public office or person responsible 1025
for the requested public records reasonably would believe that the 1026
conduct or threatened conduct of the public office or person 1027
responsible for the requested public records as described in 1028
division (C)(2)(c)(i) of this section would serve the public 1029
policy that underlies the authority that is asserted as permitting 1030
that conduct or threatened conduct.1031

       (D) Chapter 1347. of the Revised Code does not limit the 1032
provisions of this section.1033

       (E)(1) To ensure that all employees of public offices are 1034
appropriately educated about a public office's obligations under 1035
division (B) of this section, all elected officials or their 1036
appropriate designees shall attend training approved by the 1037
attorney general as provided in section 109.43 of the Revised 1038
Code. In addition, all public offices shall adopt a public records 1039
policy in compliance with this section for responding to public 1040
records requests. In adopting a public records policy under this 1041
division, a public office may obtain guidance from the model 1042
public records policy developed and provided to the public office 1043
by the attorney general under section 109.43 of the Revised Code. 1044
Except as otherwise provided in this section, the policy may not 1045
limit the number of public records that the public office will 1046
make available to a single person, may not limit the number of 1047
public records that it will make available during a fixed period 1048
of time, and may not establish a fixed period of time before it 1049
will respond to a request for inspection or copying of public 1050
records, unless that period is less than eight hours.1051

       (2) The public office shall distribute the public records 1052
policy adopted by the public office under division (E)(1) of this 1053
section to the employee of the public office who is the records 1054
custodian or records manager or otherwise has custody of the 1055
records of that office. The public office shall require that 1056
employee to acknowledge receipt of the copy of the public records 1057
policy. The public office shall create a poster that describes its 1058
public records policy and shall post the poster in a conspicuous 1059
place in the public office and in all locations where the public 1060
office has branch offices. The public office may post its public 1061
records policy on the internet web site of the public office if 1062
the public office maintains an internet web site. A public office 1063
that has established a manual or handbook of its general policies 1064
and procedures for all employees of the public office shall 1065
include the public records policy of the public office in the 1066
manual or handbook.1067

       (F)(1) The bureau of motor vehicles may adopt rules pursuant 1068
to Chapter 119. of the Revised Code to reasonably limit the number 1069
of bulk commercial special extraction requests made by a person 1070
for the same records or for updated records during a calendar 1071
year. The rules may include provisions for charges to be made for 1072
bulk commercial special extraction requests for the actual cost of 1073
the bureau, plus special extraction costs, plus ten per cent. The 1074
bureau may charge for expenses for redacting information, the 1075
release of which is prohibited by law.1076

       (2) As used in division (F)(1) of this section:1077

       (a) "Actual cost" means the cost of depleted supplies, 1078
records storage media costs, actual mailing and alternative 1079
delivery costs, or other transmitting costs, and any direct 1080
equipment operating and maintenance costs, including actual costs 1081
paid to private contractors for copying services.1082

       (b) "Bulk commercial special extraction request" means a 1083
request for copies of a record for information in a format other 1084
than the format already available, or information that cannot be 1085
extracted without examination of all items in a records series, 1086
class of records, or data basedatabase by a person who intends to 1087
use or forward the copies for surveys, marketing, solicitation, or 1088
resale for commercial purposes. "Bulk commercial special 1089
extraction request" does not include a request by a person who 1090
gives assurance to the bureau that the person making the request 1091
does not intend to use or forward the requested copies for 1092
surveys, marketing, solicitation, or resale for commercial 1093
purposes.1094

       (c) "Commercial" means profit-seeking production, buying, or 1095
selling of any good, service, or other product.1096

       (d) "Special extraction costs" means the cost of the time 1097
spent by the lowest paid employee competent to perform the task, 1098
the actual amount paid to outside private contractors employed by 1099
the bureau, or the actual cost incurred to create computer 1100
programs to make the special extraction. "Special extraction 1101
costs" include any charges paid to a public agency for computer or 1102
records services.1103

       (3) For purposes of divisions (F)(1) and (2) of this section, 1104
"surveys, marketing, solicitation, or resale for commercial 1105
purposes" shall be narrowly construed and does not include 1106
reporting or gathering news, reporting or gathering information to 1107
assist citizen oversight or understanding of the operation or 1108
activities of government, or nonprofit educational research.1109

       (G) Records of a corporation or other person that enters into 1110
a public-private partnership shall be public records for the 1111
purposes of this section, notwithstanding any other law to the 1112
contrary that may specifically apply to such a corporation or 1113
person. For the purpose of this division, "public-private 1114
partnership" means a contractual relationship between a state 1115
agency and a corporation or other person for the purpose of the 1116
corporation or person assisting the agency in the exercise of any 1117
or all of the powers, functions, or duties of the agency, 1118
including the operation and management of the agency's programs, 1119
offices, divisions, or boards.1120

       Sec. 187.03. (A) JobsOhio may perform such functions as 1121
permitted and shall perform such duties as prescribed by law and 1122
as set forth in any contract entered into under section 187.04 of 1123
the Revised Code, but shall not be considered a state or public 1124
department, agency, office, body, institution, or instrumentality 1125
for purposes of section 1.60 or, Chapter 102., 121., 125., or 1126
149., or Chapter 121., with the exception of sections 121.41 to 1127
121.50, of the Revised Code. JobsOhio and its board of directors 1128
are not subject to the following sections of Chapter 1702. of the 1129
Revised Code: sections 1702.03, 1702.08, 1702.09, 1702.21, 1130
1702.24, 1702.26, 1702.27, 1702.28, 1702.29, 1702.301, 1702.33, 1131
1702.34, 1702.37, 1702.38, 1702.40 to 1702.52, 1702.521, 1702.54, 1132
1702.57, 1702.58, 1702.59, 1702.60, 1702.80, and 1702.99. Nothing 1133
in this division shall be construed to impair the powers and 1134
duties of the Ohio ethics commission described in section 102.06 1135
of the Revised Code to investigate and enforce section 102.02 of 1136
the Revised Code with regard to individuals required to file 1137
statements under division (B)(2) of this section.1138

       (B)(1) DirectorsExcept as otherwise provided in section 1139
102.01 of the Revised Code, directors and employees of JobsOhio 1140
are not employees or officials of the state, and, except as 1141
provided in division (B)(2) of this section, are not subject to 1142
Chapter 102., 124., 145., or 4117. of the Revised Code.1143

       (2) The chief investment officer, any other officer or 1144
employee with significant administrative, supervisory, 1145
contracting, or investment authority, and any director of JobsOhio 1146
shall file, with the Ohio ethics commission, a financial 1147
disclosure statement pursuant to section 102.02 of the Revised 1148
Code that includes, in place of the information required by 1149
divisions (A)(2), (7), (8), and (9) of that section, the 1150
information required by divisions (A) and (B) of section 102.022 1151
of the Revised Code. The governor shall comply with all applicable 1152
requirements of section 102.02 of the Revised Code.1153

       (3) Actual or in-kind expenditures for the travel, meals, or 1154
lodging of the governor or of any public official or employee 1155
designated by the governor for the purpose of this division shall 1156
not be considered a violation of section 102.03 of the Revised 1157
Code if the expenditures are made by the corporation, or on behalf 1158
of the corporation by any person, in connection with the 1159
governor's performance of official duties related to JobsOhio. The 1160
governor may designate any person, including a person who is a 1161
public official or employee as defined in section 102.01 of the 1162
Revised Code, for the purpose of this division if such 1163
expenditures are made on behalf of the person in connection with 1164
the governor's performance of official duties related to JobsOhio. 1165
A public official or employee so designated by the governor shall 1166
comply with all applicable requirements of section 102.02 of the 1167
Revised Code.1168

       At the times and frequency agreed to under division (B)(2)(b) 1169
of section 187.04 of the Revised Code, beginning in 2012, the 1170
corporation shall file with the development services agency a 1171
written report of all such expenditures paid or incurred during 1172
the preceding calendar year. The report shall state the dollar 1173
value and purpose of each expenditure, the date of each 1174
expenditure, the name of the person that paid or incurred each 1175
expenditure, and the location, if any, where services or benefits 1176
of an expenditure were received, provided that any such 1177
information that may disclose proprietary information as defined 1178
in division (C) of this section shall not be included in the 1179
report.1180

       (4) The prohibition applicable to former public officials or 1181
employees in division (A)(1) of section 102.03 of the Revised Code 1182
does not apply to any person appointed to be a director or hired 1183
as an employee of JobsOhio.1184

       (5) Notwithstanding division (A)(2) of section 145.01 of the 1185
Revised Code, any person who is a former state employee shall no 1186
longer be considered a public employee for purposes of Chapter 1187
145. of the Revised Code upon commencement of employment with 1188
JobsOhio.1189

       (6) Any director, officer, or employee of JobsOhio may 1190
request an advisory opinion from the Ohio ethics commission with 1191
regard to questions concerning the provisions of sections 102.02 1192
and 102.022 of the Revised Code to which the person is subject.1193

       (C) Meetings of the board of directors at which a quorum of 1194
the board is required to be physically present pursuant to 1195
division (F) of section 187.01 of the Revised Code shall be open 1196
to the public except, by a majority vote of the directors present 1197
at the meeting, such a meeting may be closed to the public only 1198
for one or more of the following purposes:1199

        (1) To consider business strategy of the corporation;1200

        (2) To consider proprietary information belonging to 1201
potential applicants or potential recipients of business 1202
recruitment, retention, or creation incentives. For the purposes 1203
of this division, "proprietary information" means marketing plans, 1204
specific business strategy, production techniques and trade 1205
secrets, financial projections, or personal financial statements 1206
of applicants or members of the applicants' immediate family, 1207
including, but not limited to, tax records or other similar 1208
information not open to the public inspection.1209

       (3) To consider legal matters, including litigation, in which 1210
the corporation is or may be involved;1211

        (4) To consider personnel matters related to an individual 1212
employee of the corporation.1213

       (D) The board of directors shall establish a reasonable 1214
method whereby any person may obtain the time and place of all 1215
public meetings described in division (C) of this section. The 1216
method shall provide that any person, upon request and payment of 1217
a reasonable fee, may obtain reasonable advance notification of 1218
all such meetings.1219

       (E) The board of directors shall promptly prepare, file, and 1220
maintain minutes of all public meetings described in division (C) 1221
of this section.1222

       (F) Not later than March 1, 2012, and the first day of March 1223
of each year thereafter, the chief investment officer of JobsOhio 1224
shall prepare and submit a report of the corporation's activities 1225
for the preceding year to the governor, the speaker and minority 1226
leader of the house of representatives, and the president and 1227
minority leader of the senate. The annual report shall include the 1228
following:1229

       (1) An analysis of the state's economy;1230

       (2) A description of the structure, operation, and financial 1231
status of the corporation;1232

       (3) A description of the corporation's strategy to improve 1233
the state economy and the standards of measure used to evaluate 1234
its progress;1235

       (4) An evaluation of the performance of current strategies 1236
and major initiatives; 1237

       (5) An analysis of any statutory or administrative barriers 1238
to successful economic development, business recruitment, and job 1239
growth in the state identified by JobsOhio during the preceding 1240
year.1241

       Sec. 187.14.  Any person that contracts with JobsOhio or any 1242
of its subsidiaries to provide goods or services shall not be 1243
eligible to receive any financial or other economic assistance 1244
from JobsOhio.1245

       Sec. 187.15. (A) JobsOhio and its subsidiaries are public 1246
offices for purposes of Chapter 117. of the Revised Code and shall 1247
submit to audits by the auditor of state in accordance with that 1248
chapter.1249

        (B) JobsOhio and its subsidiaries, and any nonprofit economic 1250
development corporation that receives or distributes public funds 1251
during the corporation's fiscal year pursuant to a contract 1252
entered into with JobsOhio or any of its subsidiaries, each shall 1253
prepare an annual financial report that provides a full accounting 1254
of all public and private funds the corporation received or 1255
distributed during that fiscal year. The corporation shall submit 1256
the report to the speaker and minority leader of the house of 1257
representatives, the president and minority leader of the senate, 1258
and the legislative service commission within sixty days after the 1259
last day of the corporation's fiscal year, and shall make the 1260
report available to the public upon request. The report shall be 1261
prepared according to generally accepted accounting principles and 1262
be certified by the board of directors or chief fiscal officer of 1263
the corporation.1264

       Sec. 187.16.  (A) The director of development services shall 1265
establish and maintain an official internet web site regarding the 1266
operation of JobsOhio as provided in this section. The web site 1267
shall be searchable and easily accessible by the public.1268

       (B) All of the following information shall be posted on the 1269
web site with respect to each project for which financial 1270
assistance is awarded by JobsOhio:1271

       (1) A brief description of the project;1272

       (2) The name of the entity that is the recipient of the 1273
assistance;1274

       (3) The total amount of assistance awarded;1275

       (4) The intended and actual use of the assistance;1276

       (5) The intended and actual benefits of the assistance, 1277
including the number of new jobs and retained jobs anticipated.1278

       (C) The web site shall allow for the reporting of suspected 1279
fraud related to the operation of JobsOhio or suspected waste or 1280
abuse of financial assistance provided by JobsOhio.1281

       (D) Officers and employees of JobsOhio shall comply with all 1282
requests from the development services agency to provide any 1283
information the agency requires for purposes of the web site.1284

       Sec. 187.17.  The director of development services shall, in 1285
accordance with Chapter 119. of the Revised Code, adopt rules 1286
establishing performance measures to assess the functions and 1287
efficiency of JobsOhio. The rules shall specify the relevant data 1288
needed to measure the performance of the activities of JobsOhio in 1289
meeting its goals and objectives. These performance measures shall 1290
be applied consistently over each reporting period. An officer of 1291
JobsOhio shall publicly present to the controlling board, on a 1292
quarterly and annual basis, the latest findings as to the outcomes 1293
and efficiency of JobsOhio.1294

       Sec. 4113.51.  As used in sections 4113.51 to 4113.53 of the 1295
Revised Code:1296

       (A) "Employee" means any person who performs a service for 1297
wages or other remuneration for an employer.1298

       (B) "Employer" means any person who has one or more 1299
employees. "Employer" includes an agent of an employer, the state 1300
or any agency or instrumentality of the state, and any municipal 1301
corporation, county, township, school district, or other political 1302
subdivision or any agency or instrumentality thereof. "Employer" 1303
also includes the nonprofit corporation formed under section 1304
187.01 of the Revised Code, a subsidiary of the corporation, or an 1305
entity that contracts to perform the duties of the corporation.1306

       (C) "Person" has the same meaning as in section 1.59 of the 1307
Revised Code and also includes a public agency or any other legal 1308
entity.1309

       (D) "Peace officer" has the same meaning as in section 1310
2935.01 of the Revised Code.1311

       (E) "Political subdivision" has the same meaning as in 1312
division (F) of section 2744.01 of the Revised Code.1313

       (F) "Prosecuting authority" means the prosecuting attorney of 1314
a county or the director of law, village solicitor, or similar 1315
chief legal officer of a municipal corporation.1316

       (G) "Inspector general" means the inspector general appointed 1317
under section 121.48 of the Revised Code.1318

       Section 2.  That existing sections 102.01, 117.01, 121.22, 1319
121.41, 125.20, 149.43, 187.03, and 4113.51 of the Revised Code 1320
are hereby repealed.1321

       Section 3.  Section 149.43 of the Revised Code is presented 1322
in this act as a composite of the section as amended by both Am. 1323
Sub. H.B. 487 and Am. Sub. S.B. 314 of the 129th General Assembly. 1324
The General Assembly, applying the principle stated in division 1325
(B) of section 1.52 of the Revised Code that amendments are to be 1326
harmonized if reasonably capable of simultaneous operation, finds 1327
that the composite is the resulting version of the section in 1328
effect prior to the effective date of the section as presented in 1329
this act.1330

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