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.

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

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

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

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

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

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

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

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

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

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

(F) As used in this section:

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

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

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

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