Senator Kirk Schuring (R-Canton) said in November 2006 that he planned to introduce legislation to close this loophole by prohibiting discussion of public business in email and by requiring that emails that meet public records requirements be preserved as such. This bill was assigned to committee in late November 2006, but did not move any further. Senator Schuring has not reintroduced the legislation thus far in the 127th General Assembly.

In January 2005, a bill was introduced in the House of Representatives (H.B. 9) that required the Attorney General to provide training and develop a model public records policy. The bill was amended to create a Public Access Counselor housed in the Court of Claims to assist the public and to help resolve disputes, and mandated more severe penalties for non-compliance. The bill passed the House of Representatives with an amendment that required public disclosure of work papers stemming from audits by private audit firms working on behalf of the State Auditor. By the time the bill passed the Ohio Senate and was enacted, many of the provisions designed to help citizens access information about their government had been removed, notably the provision of a Public Access Counselor and the requirements regarding the work papers of private auditors working for the State Auditor. A provision for statutory damages of $100 per day was added, but the damages do not begin until after an action in mandamus* is filed, and are capped at $1,000. Substantial time was spent determining exactly what access the public should have to information about individuals obtaining a permit to carry a concealed weapon. As enacted, the bill denies the public the ability to find out who has a concealed carry permit, and peculiarly permits members of the media to view, but not copy, the list. Amended Substitute House Bill 9 did make some modest improvements by establishing mandatory training for custodians of public records and elected officials and placed some new responsibilities on the custodian to help the requester. However, what began as an effort to redress legitimate problems with public access to public records primarily at the county and local levels became another win for the pro-gun lobby, and for county and local officials who wanted limited sanctions for non-compliance with public records laws.

“To give up the task of reforming society is to give up one's responsibility as a free man.”  Alan Paton, South African writer and educator 

“If we here in this chamber don't work together to reform the government, the people will rise up and reform it themselves.”  Arnold Schwarzenegger


*A mandamus is a writ issued by a superior court ordering a public official or body or a lower court to perform a specified duty (American Heritage Dictionary).