Sub. H. B. No. 500 As Reported by the House Local Government and Townships Committee

REPRESENTATIVES Manning, Carmichael, Fessler, DeWine, Seitz, Setzer, Carano, Reinhard, Schaffer, Perry, Allen, Roman, Damschroder, Hartnett, Williams, Webster, Lendrum, Schmidt, Schneider, Flowers, Metzger, Brinkman

A BILL

To enact section 9.09 of the Revised Code to require

state agencies and county offices to send a notice

to property owners that permits them to opt out of

publication, before the agencies or offices publish

photographs of the owners' homes or businesses on

the Internet, and to prescribe the form of that

notice.

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

Section 1. That section 9.09 of the Revised Code be enacted	8
to read as follows:	9

Sec. 9.09. (A) Notwithstanding any other section of the	10
Revised Code to the contrary, any state agency or county office	11
that intends to publish a photograph of a home or business on the	12
internet shall send to the owners of the affected property by	13
regular mail a notice of the agency's or office's intent, before	14
so publishing the photograph. The notice shall include a form	15
that the property owners, or their executor, administrator,	16
assignee, fiduciary, or attorney-in-fact, may sign and return to	17
the state agency or county office and that, except as otherwise	18
provided in this section, permits the property owners by doing so	19
to opt out of that and any future publication of a photograph of	20
their home or business on the internet by the particular state	21
agency or county office. The notice also shall state that any	22
property owner who is required to register with the sheriff under	23
section 2950.04 of the Revised Code because of a conviction of a	24
sexually oriented offense may not opt out of the publication of a	25
photograph of the owner's home or business on the internet.	26

(B) After mailing the notice required by division (A) of this	27
section, a state agency or county office seeking to publish a	28
photograph of a home or business on the internet shall allow at	29
least thirty days for the property owners, or their executor,	30
administrator, assignee, fiduciary, or attorney-in-fact, to sign	31
and return the form permitting the property owners, except as	32
otherwise provided in this section, to opt out of that	33
publication and any future publication of such a photograph on the	34
internet by that state agency or county office, before that state	35
agency or county office publishes the photograph of their home or	36
business on the internet.	37

(C) A person required to register with the sheriff under	38
section 2950.04 of the Revised Code is not permitted to opt out of	39
the publication on the internet of a photograph of any home or	40
business the person owns under this section.	41

(D) The notice required by division (A) of this section	42
shall be in substantially the following form:	43

"NOTICE OF INTENT TO PUBLISH PHOTOGRAPH

OF HOME OR BUSINESS

To:	................................	46
	(Names of affected property owners)	47
	...................................	48
	(Mailing address of affected property owners)	49

NOTICE OF INTENT

You are hereby notified that .............. (name of this	51
state agency or county office) intends to publish on the Internet	52
a photograph of your home or business located at ............	53
(address of the affected property) for the purpose of	54
............. (purpose of publication).	55

EXCEPT AS MENTIONED BELOW, YOU MAY OPT OUT OF THIS AND ANY	56
FUTURE PUBLICATION OF SUCH A PHOTOGRAPH ON THE INTERNET BY	57
.............. (name of this state agency or county office). To	58
opt out, you, or your executor, administrator, assignee,	59
fiduciary, or attorney-in-fact, must sign the attached form	60
entitled "Notice to Opt Out of Publication" and return it to	61
.............. (name of this state agency or county office) within	62
........... (specify a time period, but not less than 30 days)	63
days of the mailing date of this notice. IF THE ATTACHED FORM IS	64
NOT SO SIGNED AND RECEIVED BY ............. (name of this state	65
agency or county office) WITHIN THIS PERIOD, THE PHOTOGRAPH OF	66
YOUR HOME OR BUSINESS WILL BE PUBLISHED ON THE INTERNET FOR THE	67
DESCRIBED PURPOSE, AND FUTURE SUCH PHOTOGRAPHS POSSIBLY MAY BE	68
PUBLISHED ON THE INTERNET FOR THAT OR OTHER PURPOSES BY .......	69
(name of this state agency or county office).	70

If you are required to register with a county sheriff because	71
you have been convicted of a sexually oriented offense, you are	72
not permitted to opt out of this and any future publication of	73
such a photograph on the Internet by ........ (name of this state	74
agency or county office).	75

NOTICE TO OPT OUT OF PUBLICATION

To:	................................	77
	(Name of state agency or county office--to be filled in by applicable agency or office)	78
	...................................	79
	(Mailing address of state agency or county office--to be filled in by applicable agency or office)	80

I/We have been informed that .............. (name of state agency	81
or county office--to be filled in by applicable agency or office)	82
intends to publish on the Internet a photograph of my/our home or	83
business located at .............. (address of the affected	84
property--to be filled in by applicable agency or office) for the	85
purpose of .......... (purpose of publication--to be filled in by	86
applicable agency or office). I am/We are returning this signed	87
form to indicate my/our desire to opt out of this photograph	88
publication, and all future photograph publications, of my/our	89
home or business by such agency or office on the Internet. I/WE	90
UNDERSTAND THAT BY RETURNING THIS SIGNED FORM, ........... (name	91
of state agency or county office--to be filled in by applicable	92
agency or office) WILL NOT PUBLISH A PHOTOGRAPH OF MY/OUR HOME OR	93
BUSINESS ON THE INTERNET NOW OR IN THE FUTURE FOR THE DESCRIBED	94
PURPOSE OR ANY OTHER PURPOSE. I/We affirm that I am not/we are	95
not required to register with a county sheriff because of a	96
conviction of a sexually oriented offense and ineligible for that	97
reason to opt out of this photograph publication, and all future	98
photograph publications, of my/our home or business by such agency	99
or office on the Internet.	100

	................................			101
	(Signature(s) of affected property owner(s)--or signature of their executor, administrator, assignee, fiduciary, or attorney-in-fact (include title))			102
	...................................			103
	(Name(s) of affected property owner(s))			104
	...................................			105
	Mailing address of affected property owner(s))			106
	...................................			107
	(Date)."			108

(E) Nothing in this section creates a private cause of action	109
against any state agency or county office, or any of its officers	110
or employees, for any injury, death, or loss to person or property	111
allegedly arising from the agency's or office's publication of a	112
photograph of a home or business on the internet or failure to	113
remove a published photograph of a home or business from the	114
internet.	115

(F) As used in this section:

116

(1) "Internet" means the international computer network of	117
both federal and nonfederal interoperable packet switched data	118
networks, including the graphical subnetwork called the world wide	119
web.	120

(2) "Photograph" does not include an aerial or satellite	121
photograph.	122

(3) "State agency" has the same meaning as in section 1.60	123
of the Revised Code.	124

(4) "County office" has the same meaning as in section	125
307.80 of the Revised Code.	126