From The Statehouse 2006 No. 10
by Jennifer Garrison
Mar. 18, 2006
STATEHOUSE ARTICLE 2006- 10
This is “Sunshine Week”, celebrating the public’s right to know. Sunshine laws require public meetings and public records be open to the public. This week in Columbus was particularly satisfying to me, as the House passed Substitute House Bill 9 which updates Ohio’s public records laws.
Substitute House Bill 9 came about because Ohio agencies and governments were often not responding to public records requests. This bill includes increased training requirements so workers can understand their obligation to answer a public records request.
The bill also creates the Public Access Counselor’s office within the Ohio Court of Claims to investigate complaints when a public record request has been denied. This office will also attempt to resolve the differences to avoid litigation.
Government agencies have ten business days in which to comply with a public records request, except when a large volume of records are requested or searches are for historical data.
The bill also requires working papers of private companies hired to audit public agencies be considered a public record in the future. If the State of Ohio is paying for an audit, we all have the right to know about the findings and content of that audit. This part of the bill does not apply retroactively, so the audit of the $50 million workers compensation rare coin fund will remain private.
Additionally, records of agencies receiving housing subsidies are now public and subject to the public records laws.
The bill requires copies of a local public records policy be given to the records manager of the office. The bill allows for attorney fees awards in cases in which an agency does not turn over records or ignores a records request.
The bill requires the Attorney General's office to offer three hours of free training on the public records law for elected officials or their designees. I voted “yes”. Substitute House Bill 9 passed.
Additionally, Substitute Senate Bill 148 passed the House this week. This bill authorizes county recorders to use electronic or magnetic mediums to record federal lien documents. This method will save the recorders office money on postage. I voted “yes”.
House Bill 491 is designed to increase protections for consumers who are selling property. The bill requires brokers and real estate salespersons to have more of a fiduciary relationship with the seller and disclose all information regarding potential offers for their property. I voted “yes”. The bill passed.
In an effort to protect children from repeat sexual offenders, Substitute House Bill 227 passed out of the House. Substitute House Bill 227 allows for sexually violent predators convicted of sexually violent crimes to serve a civil commitment and monitoring period after being released from prison. This civil commitment and monitoring is for the “worst of the worst” sexual predators. Statistics show this will only affect 8 offenders a year in Ohio. A “sexually violent predator” is a person who is charged or found guilty of a sexually violent offense and found incompetent to stand trial or not guilty by reason of insanity. I voted “yes”.
Finally, House Bill 222,would allow school districts with an income tax to have a choice regarding who collects the tax, either the Ohio Department of Taxation or the municipality the school district sits in. This bill affects few school districts. I voted “yes”. The bill passed.
House Bill 287 exempted certain Amish birthing centers from licensing requirements. An amendment was added that physicians are immune from lawsuits for "wrongful birth". I voted “yes”. The bill passed.
You can reach Jennifer Garrison at her Columbus office at 614-644-8728 or in the district at 740-373-2414 or by e-mail at jennifer@jennifergarrison.com. Her website is <a href="/a>