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OH HB616
Bill
Status
12/11/2012
Primary Sponsor
Jay Goyal
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AI Summary
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Amends section 149.351 of the Revised Code to change remedies for illegal destruction or damage to public records from "forfeiture" to "liquidated damages to compensate for harm caused by the violation."
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Increases the maximum cumulative damages from $10,000 to $100,000 (at $1,000 per violation), though courts may discretionally reduce this to $10,000 under certain circumstances involving reasonable official conduct.
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Removes attorney's fees provisions from the original statute and eliminates the requirement to prove a person was "aggrieved" by the violation.
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Reduces the statute of limitations from five years to one year from the date a violation is discovered or reasonably should have been discovered.
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If a plaintiff lacks particularized harm or reason for seeking the records, courts must award 75% of liquidated damages to the Ohio Historical Society and 25% to the plaintiff, while preserving court costs and reasonable attorney's fees awards.
Legislative Description
To make changes to the statute authorizing injunctive relief and liquidated damages to compensate for harm caused by the destruction of public records, and to designate the Act as "The Public Corruption Prosecution Act."
Public Corruption Prosecution Act-remedies for harm to public records
Last Action
Introduced to House
12/11/2012