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OH SB178
Bill
Status
5/31/2011
Primary Sponsor
William Seitz
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AI Summary
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Limits civil forfeiture recovery for unlawful record destruction to $1,000 per violation with a maximum of $10,000 total, and attorney's fees to one-half of the forfeiture amount recovered.
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Establishes a four-year statute of limitations for commencing civil actions seeking injunctive relief or forfeiture recovery for unlawful record destruction or disposal.
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Requires one-half of all forfeiture amounts recovered to be paid to the Ohio Historical Society's state archives for preserving historical records, with the other half paid to the plaintiff.
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Revises the Ohio Historical Society's procedure for reviewing records before disposal by allowing selection during the initial 60-day review period rather than only at final disposition stage.
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Moves county microfilming board annual meetings from the third Monday in January to the second Monday in January, and directs the Attorney General to develop training programs on public records retention procedures.
Legislative Description
To limit the forfeiture amount and attorney's fees a person may recover for the unlawful destruction or disposal of a record of a public office, to establish a four-year statute of limitations for the commencement of a civil action for injunctive relief or to recover a forfeiture for such unlawful conduct, to require one-half of all forfeiture amounts recovered to be paid to the state for use by the state archives, to revise the Ohio Historical Society's procedure for selecting records of historical value before political subdivisions dispose of them, to allow the Attorney General to offer programs regarding the records retention procedure, and to move the date for meetings of a county microfilming board.
Public records retention and disposal-forfeitures/archiving/training/procedures
Last Action
To Judiciary Civil Justice
5/31/2011