SB 123: Prohibit law enforcement from charging fees for certain videos

As Introduced

136th General Assembly Regular Session 2025-2026

S. B. No. 123

Senator Hicks-Hudson

Cosponsor: Senator Ingram

A B I L L

To amend section 149.43 of the Revised Code to 1
prohibit a law enforcement agency for charging a 2
fee for preparing or producing a video public 3
record for a person known or presumed to be 4
depicted in the video. 5

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

Section 1. That section 149.43 of the Revised Code be 6
amended to read as follows: 7

Sec. 149.43. (A) As used in this section: 8

(1) "Public record" means records kept by any public 9
office, including, but not limited to, state, county, city, 10
village, township, and school district units, and records 11
pertaining to the delivery of educational services by an 12
alternative school in this state kept by the nonprofit or for- 13
profit entity operating the alternative school pursuant to 14
section 3313.533 of the Revised Code. "Public record" does not 15
mean any of the following: 16

(a) Medical records; 17

S. B. No. 123 Page 2
As Introduced
(b) Records pertaining to probation and parole 18
proceedings, to proceedings related to the imposition of 19
community control sanctions and post-release control sanctions, 20
or to proceedings related to determinations under section 21
2967.271 of the Revised Code regarding the release or maintained 22
incarceration of an offender to whom that section applies; 23
(c) Records pertaining to actions under section 2151.85 24
and division (C) of section 2919.121 of the Revised Code and to 25
appeals of actions arising under those sections; 26
(d) Records pertaining to adoption proceedings, including 27
the contents of an adoption file maintained by the department of 28
health under sections 3705.12 to 3705.124 of the Revised Code; 29
(e) Information in a record contained in the putative 30
father registry established by section 3107.062 of the Revised 31
Code, regardless of whether the information is held by the 32
department of job and family services or, pursuant to section 33
3111.69 of the Revised Code, the office of child support in the 34
department or a child support enforcement agency; 35
(f) Records specified in division (A) of section 3107.52 36
of the Revised Code; 37
(g) Trial preparation records; 38
(h) Confidential law enforcement investigatory records; 39
(i) Records containing information that is confidential 40
under section 2710.03 or 4112.05 of the Revised Code; 41
(j) DNA records stored in the DNA database pursuant to 42
section 109.573 of the Revised Code; 43
(k) Inmate records released by the department of 44
rehabilitation and correction to the department of youth 45

S. B. No. 123 As Introduced

services or a court of record pursuant to division (E) of 46
section 5120.21 of the Revised Code; 47
(l) Records maintained by the department of youth services 48
pertaining to children in its custody released by the department 49
of youth services to the department of rehabilitation and 50
correction pursuant to section 5139.05 of the Revised Code; 51
(m) Intellectual property records; 52
(n) Donor profile records; 53
(o) Records maintained by the department of job and family 54
services pursuant to section 3121.894 of the Revised Code; 55
(p) Designated public service worker residential and 56
familial information; 57
(q) In the case of a county hospital operated pursuant to 58
Chapter 339. of the Revised Code or a municipal hospital 59
operated pursuant to Chapter 749. of the Revised Code, 60
information that constitutes a trade secret, as defined in 61
section 1333.61 of the Revised Code; 62
(r) Information pertaining to the recreational activities 63
of a person under the age of eighteen; 64
(s) In the case of a child fatality review board acting 65
under sections 307.621 to 307.629 of the Revised Code or a 66
review conducted pursuant to guidelines established by the 67
director of health under section 3701.70 of the Revised Code, 68
records provided to the board or director, statements made by 69
board members during meetings of the board or by persons 70
participating in the director's review, and all work products of 71
the board or director, and in the case of a child fatality 72
review board, child fatality review data submitted by the board 73

S. B. No. 123 As Introduced

to the department of health or a national child death review 74
database, other than the report prepared pursuant to division 75
(A) of section 307.626 of the Revised Code; 76
(t) Records provided to and statements made by the 77
executive director of a public children services agency or a 78
prosecuting attorney acting pursuant to section 5153.171 of the 79
Revised Code other than the information released under that 80
section; 81
(u) Test materials, examinations, or evaluation tools used 82
in an examination for licensure as a nursing home administrator 83
that the board of executives of long-term services and supports 84
administers under section 4751.15 of the Revised Code or 85
contracts under that section with a private or government entity 86
to administer; 87
(v) Records the release of which is prohibited by state or 88
federal law; 89
(w) Proprietary information of or relating to any person 90
that is submitted to or compiled by the Ohio venture capital 91
authority created under section 150.01 of the Revised Code; 92
(x) Financial statements and data any person submits for 93
any purpose to the Ohio housing finance agency or the 94
controlling board in connection with applying for, receiving, or 95
accounting for financial assistance from the agency, and 96
information that identifies any individual who benefits directly 97
or indirectly from financial assistance from the agency; 98
(y) Records listed in section 5101.29 of the Revised Code; 99
(z) Discharges recorded with a county recorder under 100
section 317.24 of the Revised Code, as specified in division (B) 101
(2) of that section; 102

S. B. No. 123 As Introduced

(aa) Usage information including names and addresses of 103
specific residential and commercial customers of a municipally 104
owned or operated public utility; 105
(bb) Records described in division (C) of section 187.04 106
of the Revised Code that are not designated to be made available 107
to the public as provided in that division; 108
(cc) Information and records that are made confidential, 109
privileged, and not subject to disclosure under divisions (B) 110
and (C) of section 2949.221 of the Revised Code; 111
(dd) Personal information, as defined in section 149.45 of 112
the Revised Code; 113
(ee) The confidential name, address, and other personally 114
identifiable information of a program participant in the address 115
confidentiality program established under sections 111.41 to 116
111.47 of the Revised Code, including the contents of any 117
application for absent voter's ballots, absent voter's ballot 118
identification envelope statement of voter, or provisional 119
ballot affirmation completed by a program participant who has a 120
confidential voter registration record; records or portions of 121
records pertaining to that program that identify the number of 122
program participants that reside within a precinct, ward, 123
township, municipal corporation, county, or any other geographic 124
area smaller than the state; and any real property 125
confidentiality notice filed under section 111.431 of the 126
Revised Code and the information described in division (C) of 127
that section. As used in this division, "confidential address" 128
and "program participant" have the meaning defined in section 129
111.41 of the Revised Code. 130
131

(ff) Orders for active military service of an individual

S. B. No. 123 As Introduced

serving or with previous service in the armed forces of the 132
United States, including a reserve component, or the Ohio 133
organized militia, except that, such order becomes a public 134
record on the day that is fifteen years after the published date 135
or effective date of the call to order; 136
(gg) The name, address, contact information, or other 137
personal information of an individual who is less than eighteen 138
years of age that is included in any record related to a traffic 139
accident involving a school vehicle in which the individual was 140
an occupant at the time of the accident; 141
(hh) Protected health information, as defined in 45 C.F.R. 142
160.103, that is in a claim for payment for a health care 143
product, service, or procedure, as well as any other health 144
claims data in another document that reveals the identity of an 145
individual who is the subject of the data or could be used to 146
reveal that individual's identity; 147
(ii) Any depiction by photograph, film, videotape, or 148
printed or digital image under either of the following 149
circumstances: 150
(i) The depiction is that of a victim of an offense the 151
release of which would be, to a reasonable person of ordinary 152
sensibilities, an offensive and objectionable intrusion into the 153
victim's expectation of bodily privacy and integrity. 154
(ii) The depiction captures or depicts the victim of a 155
sexually oriented offense, as defined in section 2950.01 of the 156
Revised Code, at the actual occurrence of that offense. 157
(jj) Restricted portions of a body-worn camera or 158
dashboard camera recording; 159
(kk) In the case of a fetal-infant mortality review board 160

S. B. No. 123 As Introduced

acting under sections 3707.70 to 3707.77 of the Revised Code, 161
records, documents, reports, or other information presented to 162
the board or a person abstracting such materials on the board's 163
behalf, statements made by review board members during board 164
meetings, all work products of the board, and data submitted by 165
the board to the department of health or a national infant death 166
review database, other than the report prepared pursuant to 167
section 3707.77 of the Revised Code. 168
(ll) Records, documents, reports, or other information 169
presented to the pregnancy-associated mortality review board 170
established under section 3738.01 of the Revised Code, 171
statements made by board members during board meetings, all work 172
products of the board, and data submitted by the board to the 173
department of health, other than the biennial reports prepared 174
under section 3738.08 of the Revised Code; 175
(mm) Except as otherwise provided in division (A)(1)(oo) 176
of this section, telephone numbers for a victim, as defined in 177
section 2930.01 of the Revised Code or a witness to a crime that 178
are listed on any law enforcement record or report. 179
(nn) A preneed funeral contract, as defined in section 180
4717.01 of the Revised Code, and contract terms and personally 181
identifying information of a preneed funeral contract, that is 182
contained in a report submitted by or for a funeral home to the 183
board of embalmers and funeral directors under division (C) of 184
section 4717.13, division (J) of section 4717.31, or section 185
4717.41 of the Revised Code. 186
(oo) Telephone numbers for a party to a motor vehicle 187
accident subject to the requirements of section 5502.11 of the 188
Revised Code that are listed on any law enforcement record or 189
report, except that the telephone numbers described in this 190

S. B. No. 123 As Introduced

division are not excluded from the definition of "public record" 191
under this division on and after the thirtieth day after the 192
occurrence of the motor vehicle accident. 193
(pp) Records pertaining to individuals who complete 194
training under section 5502.703 of the Revised Code to be 195
permitted by a school district board of education or governing 196
body of a community school established under Chapter 3314. of 197
the Revised Code, a STEM school established under Chapter 3326. 198
of the Revised Code, or a chartered nonpublic school to convey 199
deadly weapons or dangerous ordnance into a school safety zone; 200
(qq) Records, documents, reports, or other information 201
presented to a domestic violence fatality review board 202
established under section 307.651 of the Revised Code, 203
statements made by board members during board meetings, all work 204
products of the board, and data submitted by the board to the 205
department of health, other than a report prepared pursuant to 206
section 307.656 of the Revised Code; 207
(rr) Records, documents, and information the release of 208
which is prohibited under sections 2930.04 and 2930.07 of the 209
Revised Code; 210
(ss) Records of an existing qualified nonprofit 211
corporation that creates a special improvement district under 212
Chapter 1710. of the Revised Code that do not pertain to a 213
purpose for which the district is created; 214
(tt) Educational support services data, as defined in 215
section 3319.325 of the Revised Code; 216
(uu) Records of the past, current, and future work 217
schedule of a designated public service worker. As used in 218
division (A)(1)(uu) of this section, "work schedule" does not 219

S. B. No. 123 As Introduced

include the docket of cases of a court, judge, or magistrate; 220
(vv) A request form or confirmation letter submitted to a 221
public office under section 149.45 of the Revised Code; 222
(ww) An affidavit or confirmation letter submitted under 223
section 319.28 of the Revised Code; 224
(xx) License or certificate application or renewal 225
responses and supporting documentation submitted to the state 226
medical board regarding an applicant's, or a license or 227
certificate holder's, inability to practice according to 228
acceptable and prevailing standards of care by reason of a 229
medical condition. 230
A record that is not a public record under division (A)(1) 231
of this section and that, under law, is permanently retained 232
becomes a public record on the day that is seventy-five years 233
after the day on which the record was created, or in the case of 234
a record that is not a public record under division (A)(1)(uu) 235
of this section that is retained, three years after the day on 236
which the record was created, except for any record protected by 237
the attorney-client privilege, a trial preparation record as 238
defined in this section, a statement prohibiting the release of 239
identifying information signed under section 3107.083 of the 240
Revised Code, a denial of release form filed pursuant to section 241
3107.46 of the Revised Code, or any record that is exempt from 242
release or disclosure under section 149.433 of the Revised Code. 243
If the record is a birth certificate and a biological parent's 244
name redaction request form has been accepted under section 245
3107.391 of the Revised Code, the name of that parent shall be 246
redacted from the birth certificate before it is released under 247
this paragraph. If any other section of the Revised Code 248
establishes a time period for disclosure of a record that 249

S. B. No. 123 As Introduced

conflicts with the time period specified in this section, the 250
time period in the other section prevails. 251
(2) "Confidential law enforcement investigatory record" 252
means any record that pertains to a law enforcement matter of a 253
criminal, quasi-criminal, civil, or administrative nature, but 254
only to the extent that the release of the record would create a 255
high probability of disclosure of any of the following: 256
(a) The identity of a suspect who has not been charged 257
with the offense to which the record pertains, or of an 258
information source or witness to whom confidentiality has been 259
reasonably promised; 260
(b) Information provided by an information source or 261
witness to whom confidentiality has been reasonably promised, 262
which information would reasonably tend to disclose the source's 263
or witness's identity; 264
(c) Specific confidential investigatory techniques or 265
procedures or specific investigatory work product; 266
(d) Information that would endanger the life or physical 267
safety of law enforcement personnel, a crime victim, a witness, 268
or a confidential information source. 269
(3) "Medical record" means any document or combination of 270
documents, except births, deaths, and the fact of admission to 271
or discharge from a hospital, that pertains to the medical 272
history, diagnosis, prognosis, or medical condition of a patient 273
and that is generated and maintained in the process of medical 274
treatment. 275
(4) "Trial preparation record" means any record that 276
contains information that is specifically compiled in reasonable 277
anticipation of, or in defense of, a civil or criminal action or 278

S. B. No. 123 As Introduced

proceeding, including the independent thought processes and 279
personal trial preparation of an attorney. 280
(5) "Intellectual property record" means a record, other 281
than a financial or administrative record, that is produced or 282
collected by or for faculty or staff of a state institution of 283
higher learning in the conduct of or as a result of study or 284
research on an educational, commercial, scientific, artistic, 285
technical, or scholarly issue, regardless of whether the study 286
or research was sponsored by the institution alone or in 287
conjunction with a governmental body or private concern, and 288
that has not been publicly released, published, or patented. 289
(6) "Donor profile record" means all records about donors 290
or potential donors to a public institution of higher education 291
except the names and reported addresses of the actual donors and 292
the date, amount, and conditions of the actual donation. 293
(7) "Designated public service worker" means a peace 294
officer, parole officer, probation officer, bailiff, prosecuting 295
attorney, assistant prosecuting attorney, correctional employee, 296
county or multicounty corrections officer, community-based 297
correctional facility employee, designated Ohio national guard 298
member, protective services worker, youth services employee, 299
firefighter, EMT, medical director or member of a cooperating 300
physician advisory board of an emergency medical service 301
organization, state board of pharmacy employee, investigator of 302
the bureau of criminal identification and investigation, 303
emergency service telecommunicator, forensic mental health 304
provider, mental health evaluation provider, regional 305
psychiatric hospital employee, judge, magistrate, or federal law 306
enforcement officer. 307
(8) "Designated public service worker residential and 308

S. B. No. 123 As Introduced

familial information" means any information that discloses any 309
of the following about a designated public service worker: 310
(a) The address of the actual personal residence of a 311
designated public service worker, except for the following 312
information: 313
(i) The address of the actual personal residence of a 314
prosecuting attorney or judge; and 315
(ii) The state or political subdivision in which a 316
designated public service worker resides. 317
(b) Information compiled from referral to or participation 318
in an employee assistance program; 319
(c) The social security number, the residential telephone 320
number, any bank account, debit card, charge card, or credit 321
card number, or the emergency telephone number of, or any 322
medical information pertaining to, a designated public service 323
worker; 324
(d) The name of any beneficiary of employment benefits, 325
including, but not limited to, life insurance benefits, provided 326
to a designated public service worker by the designated public 327
service worker's employer; 328
(e) The identity and amount of any charitable or 329
employment benefit deduction made by the designated public 330
service worker's employer from the designated public service 331
worker's compensation, unless the amount of the deduction is 332
required by state or federal law; 333
(f) The name, the residential address, the name of the 334
employer, the address of the employer, the social security 335
number, the residential telephone number, any bank account, 336

S. B. No. 123 As Introduced

debit card, charge card, or credit card number, or the emergency 337
telephone number of the spouse, a former spouse, or any child of 338
a designated public service worker; 339
(g) A photograph of a peace officer who holds a position 340
or has an assignment that may include undercover or plain 341
clothes positions or assignments as determined by the peace 342
officer's appointing authority. 343
(9) As used in divisions (A)(7) and (15) to (17) of this 344
section: 345
"Peace officer" has the meaning defined in section 109.71 346
of the Revised Code and also includes the superintendent and 347
troopers of the state highway patrol; it does not include the 348
sheriff of a county or a supervisory employee who, in the 349
absence of the sheriff, is authorized to stand in for, exercise 350
the authority of, and perform the duties of the sheriff. 351
"Correctional employee" means any employee of the 352
department of rehabilitation and correction who in the course of 353
performing the employee's job duties has or has had contact with 354
inmates and persons under supervision. 355
"County or multicounty corrections officer" means any 356
corrections officer employed by any county or multicounty 357
correctional facility. 358
"Designated Ohio national guard member" means a member of 359
the Ohio national guard who is participating in duties related 360
to remotely piloted aircraft, including, but not limited to, 361
pilots, sensor operators, and mission intelligence personnel, 362
duties related to special forces operations, or duties related 363
to cybersecurity, and is designated by the adjutant general as a 364
designated public service worker for those purposes. 365

S. B. No. 123 As Introduced

"Protective services worker" means any employee of a 366
county agency who is responsible for child protective services, 367
child support services, or adult protective services. 368
"Youth services employee" means any employee of the 369
department of youth services who in the course of performing the 370
employee's job duties has or has had contact with children 371
committed to the custody of the department of youth services. 372
"Firefighter" means any regular, paid or volunteer, member 373
of a lawfully constituted fire department of a municipal 374
corporation, township, fire district, or village. 375
"EMT" means EMTs-basic, EMTs-I, and paramedics that 376
provide emergency medical services for a public emergency 377
medical service organization. "Emergency medical service 378
organization," "EMT-basic," "EMT-I," and "paramedic" have the 379
meanings defined in section 4765.01 of the Revised Code. 380
"Investigator of the bureau of criminal identification and 381
investigation" has the meaning defined in section 2903.11 of the 382
Revised Code. 383
"Emergency service telecommunicator" means an individual 384
employed by an emergency service provider as defined under 385
section 128.01 of the Revised Code, whose primary responsibility 386
is to be an operator for the receipt or processing of calls for 387
emergency services made by telephone, radio, or other electronic 388
means. 389
"Forensic mental health provider" means any employee of a 390
community mental health service provider or local alcohol, drug 391
addiction, and mental health services board who, in the course 392
of the employee's duties, has contact with persons committed to 393
a local alcohol, drug addiction, and mental health services 394

S. B. No. 123 As Introduced

board by a court order pursuant to section 2945.38, 2945.39, 395
2945.40, or 2945.402 of the Revised Code. 396
"Mental health evaluation provider" means an individual 397
who, under Chapter 5122. of the Revised Code, examines a 398
respondent who is alleged to be a mentally ill person subject to 399
court order, as defined in section 5122.01 of the Revised Code, 400
and reports to the probate court the respondent's mental 401
condition. 402
"Regional psychiatric hospital employee" means any 403
employee of the department of mental health and addiction 404
services who, in the course of performing the employee's duties, 405
has contact with patients committed to the department of mental 406
health and addiction services by a court order pursuant to 407
section 2945.38, 2945.39, 2945.40, or 2945.402 of the Revised 408
Code. 409
"Federal law enforcement officer" has the meaning defined 410
in section 9.88 of the Revised Code. 411
(10) "Information pertaining to the recreational 412
activities of a person under the age of eighteen" means 413
information that is kept in the ordinary course of business by a 414
public office, that pertains to the recreational activities of a 415
person under the age of eighteen years, and that discloses any 416
of the following: 417
(a) The address or telephone number of a person under the 418
age of eighteen or the address or telephone number of that 419
person's parent, guardian, custodian, or emergency contact 420
person; 421
(b) The social security number, birth date, or 422
photographic image of a person under the age of eighteen; 423

S. B. No. 123 As Introduced

(c) Any medical record, history, or information pertaining 424
to a person under the age of eighteen; 425
(d) Any additional information sought or required about a 426
person under the age of eighteen for the purpose of allowing 427
that person to participate in any recreational activity 428
conducted or sponsored by a public office or to use or obtain 429
admission privileges to any recreational facility owned or 430
operated by a public office. 431
(11) "Community control sanction" has the meaning defined 432
in section 2929.01 of the Revised Code. 433
(12) "Post-release control sanction" has the meaning 434
defined in section 2967.01 of the Revised Code. 435
(13) "Redaction" means obscuring or deleting any 436
information that is exempt from the duty to permit public 437
inspection or copying from an item that otherwise meets the 438
definition of a "record" in section 149.011 of the Revised Code. 439
(14) "Designee," "elected official," and "future official" 440
have the meanings defined in section 109.43 of the Revised Code. 441
(15) "Body-worn camera" means a visual and audio recording 442
device worn on the person of a correctional employee, youth 443
services employee, or peace officer while the correctional 444
employee, youth services employee, or peace officer is engaged 445
in the performance of official duties. 446
(16) "Dashboard camera" means a visual and audio recording 447
device mounted on a peace officer's vehicle or vessel that is 448
used while the peace officer is engaged in the performance of 449
the peace officer's duties. 450
(17) "Restricted portions of a body-worn camera or 451

S. B. No. 123 As Introduced

dashboard camera recording" means any visual or audio portion of 452
a body-worn camera or dashboard camera recording that shows, 453
communicates, or discloses any of the following: 454
(a) The image or identity of a child or information that 455
could lead to the identification of a child who is a primary 456
subject of the recording when the department of rehabilitation 457
and correction, department of youth services, or the law 458
enforcement agency knows or has reason to know the person is a 459
child based on the department's or law enforcement agency's 460
records or the content of the recording; 461
(b) The death of a person or a deceased person's body, 462
unless the death was caused by a correctional employee, youth 463
services employee, or peace officer or, subject to division (H) 464
(1) of this section, the consent of the decedent's executor or 465
administrator has been obtained; 466
(c) The death of a correctional employee, youth services 467
employee, peace officer, firefighter, paramedic, or other first 468
responder, occurring while the decedent was engaged in the 469
performance of official duties, unless, subject to division (H) 470
(1) of this section, the consent of the decedent's executor or 471
administrator has been obtained; 472
(d) Grievous bodily harm, unless the injury was effected 473
by a correctional employee, youth services employee, or peace 474
officer or, subject to division (H)(1) of this section, the 475
consent of the injured person or the injured person's guardian 476
has been obtained; 477
(e) An act of severe violence against a person that 478
results in serious physical harm to the person, unless the act 479
and injury was effected by a correctional employee, youth 480

S. B. No. 123 As Introduced

services employee, or peace officer or, subject to division (H) 481
(1) of this section, the consent of the injured person or the 482
injured person's guardian has been obtained; 483
(f) Grievous bodily harm to a correctional employee, youth 484
services employee, peace officer, firefighter, paramedic, or 485
other first responder, occurring while the injured person was 486
engaged in the performance of official duties, unless, subject 487
to division (H)(1) of this section, the consent of the injured 488
person or the injured person's guardian has been obtained; 489
(g) An act of severe violence resulting in serious 490
physical harm against a correctional employee, youth services 491
employee, peace officer, firefighter, paramedic, or other first 492
responder, occurring while the injured person was engaged in the 493
performance of official duties, unless, subject to division (H) 494
(1) of this section, the consent of the injured person or the 495
injured person's guardian has been obtained; 496
(h) A person's nude body, unless, subject to division (H) 497
(1) of this section, the person's consent has been obtained; 498
(i) Protected health information, the identity of a person 499
in a health care facility who is not the subject of a 500
correctional, youth services, or law enforcement encounter, or 501
any other information in a health care facility that could 502
identify a person who is not the subject of a correctional, 503
youth services, or law enforcement encounter; 504
(j) Information that could identify the alleged victim of 505
a sex offense, menacing by stalking, or domestic violence; 506
(k) Information, that does not constitute a confidential 507
law enforcement investigatory record, that could identify a 508
person who provides sensitive or confidential information to the 509

S. B. No. 123 As Introduced

department of rehabilitation and correction, the department of 510
youth services, or a law enforcement agency when the disclosure 511
of the person's identity or the information provided could 512
reasonably be expected to threaten or endanger the safety or 513
property of the person or another person; 514
(l) Personal information of a person who is not arrested, 515
cited, charged, or issued a written warning by a peace officer; 516
(m) Proprietary correctional, youth services, or police 517
contingency plans or tactics that are intended to prevent crime 518
and maintain public order and safety; 519
(n) A personal conversation unrelated to work between 520
correctional employees, youth services employees, or peace 521
officers or between a correctional employee, youth services 522
employee, or peace officer and an employee of a law enforcement 523
agency; 524
(o) A conversation between a correctional employee, youth 525
services employee, or peace officer and a member of the public 526
that does not concern correctional, youth services, or law 527
enforcement activities; 528
(p) The interior of a residence, unless the interior of a 529
residence is the location of an adversarial encounter with, or a 530
use of force by, a correctional employee, youth services 531
employee, or peace officer; 532
(q) Any portion of the interior of a private business that 533
is not open to the public, unless an adversarial encounter with, 534
or a use of force by, a correctional employee, youth services 535
employee, or peace officer occurs in that location. 536
As used in division (A)(17) of this section: 537

S. B. No. 123 As Introduced

"Grievous bodily harm" has the same meaning as in section 538
5924.120 of the Revised Code. 539
"Health care facility" has the same meaning as in section 540
1337.11 of the Revised Code. 541
"Protected health information" has the same meaning as in 542
45 C.F.R. 160.103. 543
"Law enforcement agency" means a government entity that 544
employs peace officers to perform law enforcement duties. 545
"Personal information" means any government-issued 546
identification number, date of birth, address, financial 547
information, or criminal justice information from the law 548
enforcement automated data system or similar databases. 549
"Sex offense" has the same meaning as in section 2907.10 550
of the Revised Code. 551
"Firefighter," "paramedic," and "first responder" have the 552
same meanings as in section 4765.01 of the Revised Code. 553
(B)(1) Upon request by any person and subject to division 554
(B)(8) of this section, all public records responsive to the 555
request shall be promptly prepared and made available for 556
inspection to the requester at all reasonable times during 557
regular business hours. Subject to division (B)(8) of this 558
section, upon request by any person, a public office or person 559
responsible for public records shall make copies of the 560
requested public record available to the requester at cost and 561
within a reasonable period of time. 562
When considering whether a state or local law enforcement 563
agency promptly prepared a video record for inspection or 564

provided a video record for production within a reasonable 565

S. B. No. 123 As Introduced

period of time, in addition to any other factors, a court shall consider the time required for a state or local law enforcement agency to retrieve, download, review, redact, seek legal advice regarding, and produce the video record. Notwithstanding Except as specified in division (B)(11) of this section, notwithstanding any other requirement set forth in Chapter 149. of the Revised Code, a state or local law enforcement agency may charge a requester the actual cost associated with preparing a video record for inspection or production, not to exceed seventy-five dollars per hour of video produced, nor seven hundred fifty dollars total. As used in this division, "actual cost," with respect to video records only, means all costs incurred by the state or local law enforcement agency in reviewing, blurring or otherwise obscuring, redacting, uploading, or producing the video records, including but not limited to the storage medium on which the record is produced, staff time, and any other relevant overhead necessary to comply with the request. A state or local law enforcement agency may include in its public records policy the requirement that a requester pay the estimated actual cost before beginning the process of preparing a video record for inspection or production. Where a state or local law enforcement agency imposes such a requirement, its obligation to produce a video or make it available for inspection begins once the estimated actual cost is paid in full by the requester. A state or local law enforcement agency shall provide the requester with the estimated actual cost within five business days of receipt of the public records request. If the actual cost exceeds the estimated actual cost, a state or local law enforcement agency may charge a requester for the difference upon fulfilling a request for video records if the requester is notified in advance that the actual cost may be up to twenty per cent higher

S. B. No. 123 As Introduced

than the estimated actual cost. A state or local law enforcement 598
agency shall not charge a requester a difference that exceeds 599
twenty per cent of the estimated actual cost. 600

If a public record contains information that is exempt from the duty to permit public inspection or to copy the public record, the public office or the person responsible for the public record shall make available all of the information within the public record that is not exempt. When making that public record available for public inspection or copying that public record, the public office or the person responsible for the public record shall notify the requester of any redaction or make the redaction plainly visible. A redaction shall be deemed a denial of a request to inspect or copy the redacted information, except if federal or state law authorizes or requires a public office to make the redaction. When the auditor of state receives a request to inspect or to make a copy of a record that was provided to the auditor of state for purposes of an audit, but the original public office has asserted to the auditor of state that the record is not a public record, the auditor of state may handle the requests by directing the requestor to the original public office that provided the record to the auditor of state.

(2) To facilitate broader access to public records, a public office or the person responsible for public records shall organize and maintain public records in a manner that they can be made available for inspection or copying in accordance with division (B) of this section. A public office also shall have available a copy of its current records retention schedule at a location readily available to the public. If a requester makes an ambiguous or overly broad request or has difficulty in making a request for copies or inspection of public records under this

S. B. No. 123 As Introduced

section such that the public office or the person responsible for the requested public record cannot reasonably identify what public records are being requested, the public office or the person responsible for the requested public record may deny the request but shall provide the requester with an opportunity to revise the request by informing the requester of the manner in which records are maintained by the public office and accessed in the ordinary course of the public office's or person's duties.

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

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

(5) A public office or person responsible for public 657
records may ask a requester to make the request in writing, may 658

S. B. No. 123 As Introduced

ask for the requester's identity, and may inquire about the 659
intended use of the information requested, but may do so only 660
after disclosing to the requester that a written request is not 661
mandatory, that the requester may decline to reveal the 662
requester's identity or the intended use, and when a written 663
request or disclosure of the identity or intended use would 664
benefit the requester by enhancing the ability of the public 665
office or person responsible for public records to identify, 666
locate, or deliver the public records sought by the requester. 667

(6) If any person requests a copy of a public record in accordance with division (B) of this section, the public office or person responsible for the public record may require the requester to pay in advance the cost involved in providing the copy of the public record in accordance with the choice made by the requester under this division. The public office or the person responsible for the public record shall permit the requester to choose to have the public record duplicated upon paper, upon the same medium upon which the public office or person responsible for the public record keeps it, or upon any other medium upon which the public office or person responsible for the public record determines that it reasonably can be duplicated as an integral part of the normal operations of the public office or person responsible for the public record. When the requester makes a choice under this division, the public office or person responsible for the public record shall provide a copy of it in accordance with the choice made by the requester. Nothing in this section requires a public office or person responsible for the public record to allow the requester of a copy of the public record to make the copies of the public record.

(7)(a) Upon a request made in accordance with division (B)

S. B. No. 123 As Introduced

of this section and subject to division (B)(6) of this section, 690
a public office or person responsible for public records shall 691
transmit a copy of a public record to any person by United 692
States mail or by any other means of delivery or transmission 693
within a reasonable period of time after receiving the request 694
for the copy. The public office or person responsible for the 695
public record may require the person making the request to pay 696
in advance the cost of postage if the copy is transmitted by 697
United States mail or the cost of delivery if the copy is 698
transmitted other than by United States mail, and to pay in 699
advance the costs incurred for other supplies used in the 700
mailing, delivery, or transmission. 701
(b) Any public office may adopt a policy and procedures 702
that it will follow in transmitting, within a reasonable period 703
of time after receiving a request, copies of public records by 704
United States mail or by any other means of delivery or 705
transmission pursuant to division (B)(7) of this section. A 706
public office that adopts a policy and procedures under division 707
(B)(7) of this section shall comply with them in performing its 708
duties under that division. 709
(c) In any policy and procedures adopted under division 710
(B)(7) of this section: 711
(i) A public office may limit the number of records 712
requested by a person that the office will physically deliver by 713
United States mail or by another delivery service to ten per 714
month, unless the person certifies to the office in writing that 715
the person does not intend to use or forward the requested 716
records, or the information contained in them, for commercial 717
purposes; 718

(ii) A public office that chooses to provide some or all

S. B. No. 123 As Introduced

of its public records on a web site that is fully accessible to and searchable by members of the public at all times, other than during acts of God outside the public office's control or maintenance, and that charges no fee to search, access, download, or otherwise receive records provided on the web site, may limit to ten per month the number of records requested by a person that the office will deliver in a digital format, unless the requested records are not provided on the web site and unless the person certifies to the office in writing that the person does not intend to use or forward the requested records, or the information contained in them, for commercial purposes.

(iii) For purposes of division (B)(7) of this section, "commercial" shall be narrowly construed and does not include reporting or gathering news, reporting or gathering information to assist citizen oversight or understanding of the operation or activities of government, or nonprofit educational research.

(8) A public office or person responsible for public 736
records is not required to permit a person who is incarcerated 737
pursuant to a criminal conviction or a juvenile adjudication to 738
inspect or to obtain a copy of any public record concerning a 739
criminal investigation or prosecution or concerning what would 740
be a criminal investigation or prosecution if the subject of the 741
investigation or prosecution were an adult, unless the request 742
to inspect or to obtain a copy of the record is for the purpose 743
of acquiring information that is subject to release as a public 744
record under this section and the judge who imposed the sentence 745
or made the adjudication with respect to the person, or the 746
judge's successor in office, finds that the information sought 747
in the public record is necessary to support what appears to be 748
a justiciable claim of the person. As used in this division, 749
"public record concerning a criminal investigation or 750

S. B. No. 123 As Introduced

prosecution or concerning what would be a criminal investigation 751
or prosecution if the subject of the investigation were an 752
adult" includes, but is not limited to, personnel files and 753
payroll and attendance records of designated public service 754
workers. 755
(9)(a) Upon written request made and signed by a 756
journalist, a public office, or person responsible for public 757
records, having custody of the records of the agency employing a 758
specified designated public service worker shall disclose to the 759
journalist the address of the actual personal residence of the 760
designated public service worker and, if the designated public 761
service worker's spouse, former spouse, or child is employed by 762
a public office, the name and address of the employer of the 763
designated public service worker's spouse, former spouse, or 764
child, and any past, current, and future work schedules of the 765
designated public service worker. The request shall include the 766
journalist's name and title and the name and address of the 767
journalist's employer and shall state that disclosure of the 768
information sought would be in the public interest. 769
(b) Division (B)(9)(a) of this section also applies to 770
journalist requests for: 771
(i) Customer information maintained by a municipally owned 772
or operated public utility, other than social security numbers 773
and any private financial information such as credit reports, 774
payment methods, credit card numbers, and bank account 775
information; 776
(ii) Information about minors involved in a school vehicle 777
accident as provided in division (A)(1)(gg) of this section, 778
other than personal information as defined in section 149.45 of 779
the Revised Code; 780

S. B. No. 123 Page 28
As Introduced
(iii) A request form submitted to a public office under 781
section 149.45 of the Revised Code; 782
(iv) An affidavit submitted under section 319.28 of the 783
Revised Code. 784
(c) As used in division (B)(9) of this section, 785
"journalist" means a person engaged in, connected with, or 786
employed by any news medium, including a newspaper, magazine, 787
press association, news agency, or wire service, a radio or 788
television station, or a similar medium, for the purpose of 789
gathering, processing, transmitting, compiling, editing, or 790
disseminating information for the general public. 791
(10) Upon a request made by a victim, victim's attorney, 792
or victim's representative, as that term is used in section 793
2930.02 of the Revised Code, a public office or person 794
responsible for public records shall transmit a copy of a 795
depiction of the victim as described in division (A)(1)(ii) of 796
this section to the victim, victim's attorney, or victim's 797
representative. 798
(11) A state or local law enforcement agency shall not 799
charge a fee for preparing a video record for inspection or 800
production when the requester of the video record is an 801
individual known or presumed to be depicted in the video, or a 802
representative, spouse, parent, or child, of that individual. 803
(C)(1) If a person allegedly is aggrieved by the failure 804
of a public office or the person responsible for public records 805
to promptly prepare a public record and to make it available to 806
the person for inspection in accordance with division (B) of 807
this section or by any other failure of a public office or the 808
person responsible for public records to comply with an 809

S. B. No. 123 As Introduced

obligation in accordance with division (B) of this section, the 810
person allegedly aggrieved may serve pursuant to Rule 4 of the 811
Ohio Rules of Civil Procedure a complaint, on a form prescribed 812
by the clerk of the court of claims, to the public office or 813
person responsible for public records allegedly responsible for 814
the alleged failure. Upon receipt of the complaint of the person 815
allegedly aggrieved, the public office or person responsible for 816
public records has three business days to cure or otherwise 817
address the failure alleged in the complaint. The person 818
allegedly aggrieved shall not file a complaint with a court or 819
commence a mandamus action under this section within the three- 820
day period. Upon the expiration of the three-day period, the 821
person allegedly aggrieved may, subject to the requirements of 822
division (C)(2) of this section, do only one of the following, 823
and not both: 824
(a) File a complaint with the clerk of the court of claims 825
or the clerk of the court of common pleas under section 2743.75 826
of the Revised Code; 827
(b) Commence a mandamus action to obtain a judgment that 828
orders the public office or the person responsible for the 829
public record to comply with division (B) of this section, that 830
awards court costs and reasonable attorney's fees to the person 831
that instituted the mandamus action, and, if applicable, that 832
includes an order fixing statutory damages under division (C)(3) 833
of this section. The mandamus action may be commenced in the 834
court of common pleas of the county in which division (B) of 835
this section allegedly was not complied with, in the supreme 836
court pursuant to its original jurisdiction under Section 2 of 837
Article IV, Ohio Constitution, or in the court of appeals for 838
the appellate district in which division (B) of this section 839
allegedly was not complied with pursuant to its original 840

S. B. No. 123 As Introduced

jurisdiction under Section 3 of Article IV, Ohio Constitution. 841

(2) Upon filing a complaint or mandamus action with a court under divisions (C)(1)(a) or (b) of this section, a person allegedly aggrieved shall file with the court, in conjunction with the person's complaint or petition, a written affirmation stating that the person properly transmitted a complaint to the public office or person responsible for public records, the failure alleged in the complaint has not been cured or otherwise resolved to the person's satisfaction, and that the complaint was transmitted to the public office or person responsible for public records at least three business days before the filing of the suit. If the person fails to file an affirmation pursuant to this division, the suit shall be dismissed.

(3) If a requester transmits a written request by hand delivery, electronic submission, or certified mail to inspect or receive copies of any public record in a manner that fairly describes the public record or class of public records to the public office or person responsible for the requested public records, except as otherwise provided in this section, the requester shall be entitled to recover the amount of statutory damages set forth in this division if a court determines that the public office or the person responsible for public records failed to comply with an obligation in accordance with division (B) of this section. Statutory damages are not available pursuant to this section to a person committed to the custody of the department of rehabilitation and correction or the United States bureau of prisons, or a child committed to the department of youth services as permitted in Chapter 2152. of the Revised Code.

The amount of statutory damages shall be fixed at one

S. B. No. 123 As Introduced

hundred dollars for each business day during which the public 871
office or person responsible for the requested public records 872
failed to comply with an obligation in accordance with division 873
(B) of this section, beginning with the day on which the 874
requester files a mandamus action to recover statutory damages, 875
up to a maximum of one thousand dollars. The award of statutory 876
damages shall not be construed as a penalty, but as compensation 877
for injury arising from lost use of the requested information. 878
The existence of this injury shall be conclusively presumed. The 879
award of statutory damages shall be in addition to all other 880
remedies authorized by this section. 881
The court may reduce an award of statutory damages or not 882
award statutory damages if the court determines both of the 883
following: 884
(a) That, based on the ordinary application of statutory 885
law and case law as it existed at the time of the conduct or 886
threatened conduct of the public office or person responsible 887
for the requested public records that allegedly constitutes a 888
failure to comply with an obligation in accordance with division 889
(B) of this section and that was the basis of the mandamus 890
action, a well-informed public office or person responsible for 891
the requested public records reasonably would believe that the 892
conduct or threatened conduct of the public office or person 893
responsible for the requested public records did not constitute 894
a failure to comply with an obligation in accordance with 895
division (B) of this section; 896
(b) That a well-informed public office or person 897
responsible for the requested public records reasonably would 898
believe that the conduct or threatened conduct of the public 899
office or person responsible for the requested public records 900

S. B. No. 123 As Introduced

would serve the public policy that underlies the authority that 901
is asserted as permitting that conduct or threatened conduct. 902
(4) In a mandamus action filed under division (C)(1) of 903
this section, the following apply: 904
(a)(i) If the court orders the public office or the person 905
responsible for the public record to comply with division (B) of 906
this section, the court shall determine and award to the relator 907
all court costs, which shall be construed as remedial and not 908
punitive. 909
(ii) If the court makes a determination described in 910
division (C)(4)(b)(iii) of this section, the court shall 911
determine and award to the relator all court costs, which shall 912
be construed as remedial and not punitive. 913
(b) If the court renders a judgment that orders the public 914
office or the person responsible for the public record to comply 915
with division (B) of this section or if the court determines any 916
of the following, the court may award reasonable attorney's fees 917
to the relator, subject to division (C)(5) of this section: 918
(i) The public office or the person responsible for the 919
public records failed to respond affirmatively or negatively to 920
the public records request in accordance with the time allowed 921
under division (B) of this section. 922
(ii) The public office or the person responsible for the 923
public records promised to permit the relator to inspect or 924
receive copies of the public records requested within a 925
specified period of time but failed to fulfill that promise 926
within that specified period of time. 927
(iii) The public office or the person responsible for the 928
public records acted in bad faith when the office or person 929

S. B. No. 123 As Introduced

voluntarily made the public records available to the relator for 930
the first time after the relator commenced the mandamus action, 931
but before the court issued any order concluding whether or not 932
the public office or person was required to comply with division 933
(B) of this section. No discovery may be conducted on the issue 934
of the alleged bad faith of the public office or person 935
responsible for the public records. This division shall not be 936
construed as creating a presumption that the public office or 937
the person responsible for the public records acted in bad faith 938
when the office or person voluntarily made the public records 939
available to the relator for the first time after the relator 940
commenced the mandamus action, but before the court issued any 941
order described in this division. 942
(c) The court shall not award attorney's fees to the 943
relator if the court determines both of the following: 944
(i) That, based on the ordinary application of statutory 945
law and case law as it existed at the time of the conduct or 946
threatened conduct of the public office or person responsible 947
for the requested public records that allegedly constitutes a 948
failure to comply with an obligation in accordance with division 949
(B) of this section and that was the basis of the mandamus 950
action, a well-informed public office or person responsible for 951
the requested public records reasonably would believe that the 952
conduct or threatened conduct of the public office or person 953
responsible for the requested public records did not constitute 954
a failure to comply with an obligation in accordance with 955
division (B) of this section; 956
(ii) That a well-informed public office or person 957
responsible for the requested public records reasonably would 958
believe that the conduct or threatened conduct of the public 959

S. B. No. 123 As Introduced

office or person responsible for the requested public records 960
would serve the public policy that underlies the authority that 961
is asserted as permitting that conduct or threatened conduct. 962
(5) All of the following apply to any award of reasonable 963
attorney's fees awarded under division (C)(4)(b) of this 964
section: 965
(a) The fees shall be construed as remedial and no 966
punitive. 967
(b) The fees awarded shall not exceed the total of the 968
reasonable attorney's fees incurred before the public record was 969
made available to the relator and the fees described in division 970
(C)(5)(c) of this section. 971
(c) Reasonable attorney's fees shall include reasonable 972
fees incurred to produce proof of the reasonableness and amount 973
of the fees and to otherwise litigate entitlement to the fees. 974
(d) The court may reduce the amount of fees awarded if the 975
court determines that, given the factual circumstances involved 976
with the specific public records request, an alternative means 977
should have been pursued to more effectively and efficiently 978
resolve the dispute that was subject to the mandamus action 979
filed under division (C)(1) of this section. 980
(6) If the court does not issue a writ of mandamus under 981
division (C) of this section and the court determines at that 982
time that the bringing of the mandamus action was frivolous 983
conduct as defined in division (A) of section 2323.51 of the 984
Revised Code, the court may award to the public office all court 985
costs, expenses, and reasonable attorney's fees, as determined 986
by the court. 987
(D) Chapter 1347. of the Revised Code does not limit the 988

S. B. No. 123 As Introduced

provisions of this section. 989

(E)(1) To ensure that all employees of public offices are appropriately educated about a public office's obligations under division (B) of this section, all elected officials or their appropriate designees shall attend training approved by the attorney general as provided in section 109.43 of the Revised Code. A future official may satisfy the requirements of this division by attending the training before taking office, provided that the future official may not send a designee in the future official's place.

(2) All public offices shall adopt a public records policy in compliance with this section for responding to public records requests. In adopting a public records policy under this division, a public office may obtain guidance from the model public records policy developed and provided to the public office by the attorney general under section 109.43 of the Revised Code. Except as otherwise provided in this section, the policy may not limit the number of public records that the public office will make available to a single person, may not limit the number of public records that it will make available during a fixed period of time, and may not establish a fixed period of time before it will respond to a request for inspection or copying of public records, unless that period is less than eight hours.

The public office shall distribute the public records 1013
policy adopted by the public office under this division to the 1014
employee of the public office who is the records custodian or 1015
records manager or otherwise has custody of the records of that 1016
office. The public office shall require that employee to 1017
acknowledge receipt of the copy of the public records policy. 1018

S. B. No. 123 As Introduced

The public office shall create a poster that describes its public records policy and shall post the poster in a conspicuous place in the public office and in all locations where the public office has branch offices. The public office may post its public records policy on the internet web site of the public office if the public office maintains an internet web site. A public

	policies and procedures for all employees of the public office			1025
			1026
the manual or handbook.	shall include the public records policy of the public office in		1027 1028
			1029
	(F)(l） The bureau of motor vehicles may adopt rules		1030
			1031
	the number of bulk commercial special extraction requests made
	by a person for the same records or for updated records during a		1032
			1033
	be made for bulk commercial special extraction requests for the		1034
	actual cost of the bureau, plus special extraction costs， plus		1035
			1036
	a		1037
	(2） As used in division (F)(l） of this section:		1038
			1039
		(a） "Actual cost" means the cost of depleted supplies,	1040
		records storage media costs， actual mailing and alternative
		delivery costs， or other transmitting costs, and any direct	1041
	equipment operating and maintenance costs, including actual		1042
	costs paid to private contractors for copying services.		1043
			1044
			1045
		than the format already available, or information that cannot be	1046
			1047
		extracted without examination of all items in a records series,
		class of records, or database by a person who intends to use or	1048

S. B. No. 123 As Introduced

ward the copies for surveys, marketing, solicitation, or

1049 ale for commercial purposes. "Bulk commercial special 1050

raction request" does not include a request by a person who 1051

1052

s not intend to use or forward the requested copies for 1053

veys, marketing, solicitation, or resale for commercial 1054

poses. 1055

1056

selling of any good, service, or other product. 1057

(d) "Special extraction costs" means the cost of the time 1058

1059

actual amount paid to outside private contractors employed 1060

the bureau, or the actual cost incurred to create computer 1061

grams to make the special extraction. "Special extraction 1062

1063 records services. 1064

(3）For purposes of divisions (F)(l） and (2）of this 1065

tion, "surveys, marketing, solicitation, or resale for 1066

1067 lude reporting or gathering news, reporting or gathering 1068

ormation to assist citizen oversight or understanding of the 1069

ration or activities of government, or nonprofit educational 1070

earch. 1071

(G) A request by a defendant， counsel of a defendant， or 1072

agent of a defendant in a criminal action that public 1073

ords related to that action be made available under this 1074

tion shall be considered a demand for discovery pursuant to 1075

Criminal Rules, except to the extent that the Criminal Rules 1076

inly indicate a contrary intent. The defendant， counsel of 1077

defendant, or agent of the defendant making a request under 1078

S. B. No. 123 As Introduced

this division shall serve a copy of the request on the 1079
prosecuting attorney, director of law, or other chief legal 1080
officer responsible for prosecuting the action. 1081

(H)(1) Any portion of a body-worn camera or dashboard camera recording described in divisions (A)(17)(b) to (h) of this section may be released by consent of the subject of the recording or a representative of that person, as specified in those divisions, only if either of the following applies:

(a) The recording will not be used in connection with any probable or pending criminal proceedings;

(b) The recording has been used in connection with a criminal proceeding that was dismissed or for which a judgment has been entered pursuant to Rule 32 of the Rules of Criminal Procedure, and will not be used again in connection with any probable or pending criminal proceedings.

(2) If a public office denies a request to release a restricted portion of a body-worn camera or dashboard camera recording, as defined in division (A)(17) of this section, any person may file a mandamus action pursuant to this section or a complaint with the clerk of the court of claims pursuant to section 2743.75 of the Revised Code, requesting the court to order the release of all or portions of the recording. If the court considering the request determines that the filing articulates by clear and convincing evidence that the public interest in the recording substantially outweighs privacy interests and other interests asserted to deny release, the court shall order the public office to release the recording.

Section 2. That existing section 149.43 of the Revised 1106
Code is hereby repealed. 1107

S. B. No. 123 As Introduced

Section 3. Section 149.43 of the Revised Code is presented 1108
in this act as a composite of the section as amended by H.B. 1109
265, H.B. 315, S.B. 29 and S.B. 109 all of the 135th General 1110
Assembly. The General Assembly, applying the principle stated in 1111
division (B) of section 1.52 of the Revised Code that amendments 1112
are to be harmonized and reconciled if reasonably capable of 1113
simultaneous operation, finds that the composite is the 1114
resulting version of the section in effect prior to the 1115
effective date of the section as presented in this act. 1116