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Updated June 2008
Ohio Revised Code Pertaining to
Public Records (pdf)
Pending Legislation
128th General Assembly
None.
127th General Assembly
SB
248 MILITARY DISCHARGES - Will create a public records exemption for Armed Forces
discharges recorded by County Recorders for a period of 75 years. The bill stipulates
that an unredacted copy of a discharge record may be provided to: the person who is the
subject of the discharge record; a county veterans service officer or representative of
the person who is the subject of the discharge record; person authorized, for good cause
shown, by a court of record; if the person who is the subject of the discharge record
is deceased, the executor or administrator, or an heir, legatee, or devisee, of the
person's estate or a funeral director who is to perform the funeral for the deceased
person. Prior to the passage of this bill, the Ohio Revised code exempted discharged
members of the Armed Forces from paying copying charges for one certified copy of a
discharge record. The bill extends this one-copy certified copies exemption to all
other parties listed above. During the 75-year period, a redacted copy of the discharge
record may be provided to any person upon request. The redacted copy may contain only
the name, rank, date of birth, date of discharge, and type of discharge.
Pending Governor's signature.
Recent Updates
127th General Assembly
HB
13 MOTOR VEHICLE REGISTRATIONS - Prohibits the inclusion of the Social Security
number of the owner of a motor vehicle, or the person to whom a motor vehicle is
registered, in the renewal notice mailed by the Registrar of Motor Vehicles for the
registration of the motor vehicle.
Effective Effective 08/19/08
HB
48 AUCTION RECORDS - Requires nonprofit organizations and schools
to maintain records of property sold at auction for two years.
Effective 09/12/08
SB
84 COUNTY COMMISSION MEETING MINUTES ("Seneca County Bill") - Allows
a board of county commissioners to maintain records of its proceedings
by electronic means.
Effective 07/18/08
HB 214
FOSTER CAREGIVER INFORMATION - Creates a public records exemption for foster caregiver information.
Effective 05/14/08
126th General Assembly
HB
9 RECORDS COMMISSIONS, TRAINING, PUBLIC RECORDS REQUESTS, and MANDAMUS ACTION - Modifies the statutes governing county records commissions, municipal records commissions, school district and educational service center records commissions, and township records commissions generally to require the appropriate commission to send approved applications for one-time disposal of obsolete records or records retention and disposition schedules to the Ohio Historical Society for review and require the Society to forward the applications and schedules to the State Auditor for approval or disapproval.
Creates library records commissions, special taxing district records commissions, and school district records commissions for each local and joint vocational school district and specifies their functions, including reviewing applications for one-time disposal of obsolete records or records retention and disposition schedules and sending approved applications or schedules to the Ohio Historical Society for review, and requires the Society to forward the applications and schedules to the State Auditor for approval or disapproval.
Requires the Attorney General to develop, provide, and certify, and requires all elected officials or their designees to attend, training programs and seminars about the Public Records Law.
Requires the Attorney General to develop a model public records policy, and requires all public offices to adopt a public records policy. Requires the State Auditor, in the course of the audit of a public office, to audit the public office for compliance with the act's training and public records policy provisions.
Requires a public office to make redaction of exempted information plainly visible in copies of records.
Provides that a public office may deny a request for public records when the requester makes an ambiguous or overly broad request or the public office cannot reasonably identify the public records being requested, but must provide the requester an opportunity to revise the request. If a request for public records is ultimately denied, requires a public office to provide the requester an explanation of the reasons for the denial, including legal authority.
Generally precludes a public office from requiring that requests for records be made in writing, or limiting or conditioning the availability of public records by requiring disclosure of the requester's identity or the intended use of the requested record.
Authorizes a public office to require advance payment of the cost of providing a copy of the requested public record in accordance with the requester's choice of the medium in which the copy is duplicated and provides that the transmission of copies of requested public records may be by mail (continuing law) or any other means of delivery or transmission.
Provides that an aggrieved person who files a mandamus action against a public office may recover statutory damages and court costs, upon certain findings made by the court, for failure to comply with the Public Records Law and specifies certain circumstances in which a court must award statutory damages or reasonable attorney's fees to the aggrieved person in a mandamus action, and certain circumstances in which a court may reduce or deny an award of statutory damages or attorney's fees to the aggrieved person. Effective Effective 09/29/07
125th General Assembly
HB
204 COUNTY RECORDS COMMISSIONS - Requires that County Records Commissions
(149.38 ORC) provide notice to county historical societies and other local
entities that county records are being sent to the Ohio Historical Society
for potential distribution. Effective November 5,
2004
HB
148 TOWNSHIP CLERKS - Requires that the township clerk personally
attend meetings of the board of township trustees, sets a minimum amount
for the township clerk's bond, and requires that township records be kept
at the township hall or the board's meeting place. Effective
November 5, 2004
HB
53 COUNTY RECORDERS - Allows a county recorder to maintain registered
land records by the use of photographic, magnetic, electronic, or certain
other processes, means, or displays. Effective October
29, 2003
SB
258 FIREFIGHTERS & EMT/PUBLIC RECORDS - Requires background checks
on firefighters and exempts from the Public Records Law (149.43) specified
residential and familial information about an EMT or a member of a fire
department and certain security-related information. Effective
April 9, 2003
124th General Assembly
HB
247 JUVENILE RECORDS - Ensures that prior delinquent child adjudication
and disposition records are available for use in preparing presentence
investigation reports for persons convicted of a criminal offense. Effective
May 30, 2002
SB
184 TERRORISM - Exempts certain security-related information from
the Public Records Law and revises the Open Meetings Law provision regarding
executive sessions to consider security matters. Effective
May 15, 2002
HB
412 MENACING/PUBLIC RECORDS - Increases penalties for assaulting or
menacing personnel of public children services agencies and private child
placing agencies and declares their residential addresses to be confidential
information that is not subject to disclosure by specified persons or
obtainable as a part of a public record. Effective:
April 10, 2001
HB
701 DOG REGISTRATION - Authorizes county auditors to allow for the
registration of dogs via the Internet and accept the payment of dog registration
fees by financial transaction devices. Effective:
April 9, 2001
HB
196 ALTERNATIVE SCHOOLS - Adds additional language involving alternative
school services to the definition of a "public record" in 149.43
ORC. Effective November 20, 2001
HB
499 AUTOPSY RECORDS - Authorizes coroners, deputy coroners, or their
representatives to request medical and psychiatric records in connection
with an autopsy, protects those records from disclosure as public records,
and requires coroners to complete continuing education requirements. Effective:
February 13, 2001
123rd General Assembly
HB
389 LIBRARY RECORDS - Provides that library records and patron information
are confidential except if the parent, guardian, or custodian of a minor
child requests a library record or patron information pertaining to that
child and in certain other situations. Effective:
October 5, 2000
HB
488 ELECTRONIC RECORDS - Enacts the Electronic Transactions Act by
providing for regulation of electronic records and signatures, provides
for consumer electronic transactions and security procedures between parties,
and provides for the use of electronic records and signatures by state
agencies. Effective: September 14, 2000
HB
539 PUBLIC RECORDS - Excludes from the Public Records Law information
pertaining to the recreational activities of a person under 18 years of
age, to exclude from the exception to the definition of a "public
record" certain peace officer residential and familial information,
includes the Superintendent and troopers of the State Highway Patrol within
the definition of a peace officer for purposes of the peace officer residential
and familial information exception, and declares an emergency. Effective:
June 21, 2000
SB
78 PUBLIC RECORDS - Generally grants members of the public the option
of choosing the medium in which they will receive copies of public records,
requires a public office to transmit copies of a public record through
the United States mail if so requested, and generally excludes peace officer
residential and familial information from the scope of the Open Records
Law. Effective: December 16, 1999
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