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OH HB616

Bill

Status

Introduced

12/11/2012

Primary Sponsor

Jay Goyal

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Origin

House of Representatives

129th General Assembly (2011-2012)

AI Summary

  • 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."

  • 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.

  • Removes attorney's fees provisions from the original statute and eliminates the requirement to prove a person was "aggrieved" by the violation.

  • Reduces the statute of limitations from five years to one year from the date a violation is discovered or reasonably should have been discovered.

  • 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

Full Bill Text

No bill text available