As Introduced

125th General Assembly Regular Session 2003-2004

H. B. No. 204

Representatives Wolpert, Gilb, Seitz, McGregor, Collier, Barrett, Allen, Kearns, Seaver, Chandler 

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A BILL

To amend sections 1.59, 9.08, 9.314, 101.691,

1

125.072, 149.432, 307.12, 341.42, 505.10, 718.07,

2

721.15, 753.32, 955.013, 1306.16, 2307.64,

3

3517.10, 3517.106, 3517.11, 5145.31, and 5703.49

4

and to enact sections 117.111, 304.01, 304.02,

5

304.03, and 304.04 of the Revised Code to provide

6

for the use of electronic records and signatures

7

by county offices if specified security procedures

8

are adopted, to require the Auditor of State to

9

audit electronic record security procedures

10

adopted by county offices, and to create a single

11

definition of the "internet" to be used throughout

12

the Revised Code.

13

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

Section 1. That sections 1.59, 9.08, 9.314, 101.691, 125.072,	14
149.432, 307.12, 341.42, 505.10, 718.07, 721.15, 753.32, 955.013,	15
1306.16, 2307.64, 3517.10, 3517.106, 3517.11, 5145.31, and 5703.49	16
be amended and section 117.111, 304.01, 304.02, 304.03, and 304.04	17
of the Revised Code be enacted to read as follows:	18

Sec. 1.59.  As used in any statute, unless another definition	19
is provided in suchthat statute or a related statute:	20

(A) "Child" includes child by adoption.

21

(B) "Oath" includes affirmation, and "swear" includes affirm.

22

(C) "Person" includes an individual, corporation, business	23
trust, estate, trust, partnership, and association.	24

(D) "Population" means that shown by the most recent regular	25
federal census.	26

(E) "Property" means real and personal property.

27

(F) "Rule" includes regulation.

28

(G) "State," when applied to a part of the United States,	29
includes any state, district, commonwealth, territory, insular	30
possession thereof, and any area subject to the legislative	31
authority of the United States of America. "This state" or "the	32
state" means the state of Ohio.	33

(H) "United States" includes all the states.

34

(I) "Will" includes codicil.

35

(J) "Written" or "in writing" includes any representation of	36
words, letters, symbols, or figures; this provision does not	37
affect any law relating to signatures.	38

(K) "Internet" means the international computer network of	39
both federal and nonfederal interoperable packet switched data	40
networks, including the graphical subnetwork known as the world	41
wide web.	42

Sec. 9.08.  (A) As used in this section:

43

(1) "Computer," "computer network," "computer system,"	44
"computer services," "telecommunications service," and	45
"information service" have the same meanings as in section 2913.01	46
of the Revised Code.	47

(2) "Contractor" means either of the following:

48

(a) A person who enters into a contract under section 9.06 of	49
the Revised Code.	50

(b) A person who enters into a contract under section 9.07 of	51
the Revised Code to operate and manage a correctional facility in	52
this state for out-of-state prisoners.	53

(3) "Private correctional facility" means a correctional	54
facility that is operated by a contractor under a contract	55
pursuant to section 9.06 or 9.07 of the Revised Code.	56

(4) "Internet" has the same meaning as in section 341.42 of	57
the Revised Code.	58

(B) No officer or employee of a contractor who is operating	59
and managing a private correctional facility shall provide a	60
prisoner in the private correctional facility access to or permit	61
a prisoner in the private correctional facility to have access to	62
the internet through the use of a computer, computer network,	63
computer system, computer services, telecommunications service, or	64
information service unless both of the following apply:	65

(1) The prisoner is participating in an approved educational	66
program with direct supervision that requires the use of the	67
internet for training or research purposes.	68

(2) The provision of and access to the internet is in	69
accordance with rules promulgated by the department of	70
rehabilitation and correction pursuant to section 5120.62 of the	71
Revised Code.	72

(C)(1) No prisoner in a private correctional facility shall	73
access the internet through the use of a computer, computer	74
network, computer system, computer services, telecommunications	75
service, or information service unless both of the following	76
apply:	77

(a) The prisoner is participating in an approved educational	78
program with direct supervision that requires the use of the	79
internet for training or research purposes.	80

(b) The provision of and access to the internet is in	81
accordance with rules promulgated by the department of	82
rehabilitation and correction pursuant to section 5120.62 of the	83
Revised Code.	84

(2) Whoever violates division (C)(1) of this section is	85
guilty of improper internet access, a misdemeanor of the first	86
degree.	87

Sec. 9.314.  (A) As used in this section:

88

(1) "Contracting authority" has the same meaning as in	89
section 307.92 of the Revised Code.	90

(2) "Internet" means the international computer network of	91
both federal and nonfederal interoperable packet switched data	92
networks, including the graphical subnetwork called the world wide	93
web.	94

(3) "Political subdivision" means a municipal corporation,	95
township, county, school district, or other body corporate and	96
politic responsible for governmental activities only in geographic	97
areas smaller than that of the state and also includes a	98
contracting authority.	99

(4)(3) "Reverse auction" means a purchasing process in which	100
offerors submit proposals in competing to sell services or	101
supplies in an open environment via the internet.	102

(5)(4) "Services" means the furnishing of labor, time, or	103
effort by a person, not involving the delivery of a specific end	104
product other than a report which, if provided, is merely	105
incidental to the required performance. "Services" does not	106
include services furnished pursuant to employment agreements or	107
collective bargaining agreements.	108

(6)(5) "Supplies" means all property, including, but not	109
limited to, equipment, materials, other tangible assets, and	110
insurance, but excluding real property or interests in real	111
property.	112

(B) Whenever any political subdivision that is required by	113
law to purchase services or supplies by competitive sealed bidding	114
or competitive sealed proposals determines that the use of a	115
reverse auction is advantageous to the political subdivision, the	116
political subdivision, in accordance with this section and rules	117
the political subdivision shall adopt, may purchase services or	118
supplies by reverse auction.	119

(C) A political subdivision shall solicit proposals through a	120
request for proposals. The request for proposals shall state the	121
relative importance of price and other evaluation factors. The	122
political subdivision shall give notice of the request for	123
proposals in accordance with the rules it adopts.	124

(D) As provided in the request for proposals and in the rules	125
a political subdivision adopts, and to ensure full understanding	126
of and responsiveness to solicitation requirements, the political	127
subdivision may conduct discussions with responsible offerors who	128
submit proposals determined to be reasonably susceptible of being	129
selected for award. The political subdivision shall accord	130
offerors fair and equal treatment with respect to any opportunity	131
for discussion regarding any clarification, correction, or	132
revision of their proposals.	133

(E) A political subdivision may award a contract to the	134
offeror whose proposal the political subdivision determines to be	135
the most advantageous to the political subdivision, taking into	136
consideration factors such as price and the evaluation criteria	137
set forth in the request for proposals. The contract file shall	138
contain the basis on which the award is made.	139

(F) The rules that a political subdivision adopts under this	140
section may require the provision of a performance bond, or	141
another similar form of financial security, in the amount and in	142
the form specified in the rules.	143

Sec. 101.691. (A) Either house of the general assembly or any	144
legislative agency may dispose of any excess or surplus supplies	145
that it possesses by sale, lease, donation, or other transfer,	146
including, but not limited to, sale by public auction over the	147
internet, as defined in section 341.42 of the Revised Code.	148
Nothing in this division prohibits either house of the general	149
assembly or a legislative agency from having the director of	150
administrative services dispose of excess or surplus supplies of	151
that house under sections 125.12 to 125.14 of the Revised Code.	152

(B) Any proceeds from sales, leases, or other transfers made	153
under division (A) of this section shall be deposited in the house	154
of representatives reimbursement special revenue fund, the senate	155
reimbursement special revenue fund, or a legislative agency	156
special revenue fund identified by the director of the agency, as	157
appropriate.	158

Sec. 117.111. (A) If a county office uses electronic records	159
and electronic signatures under Chapter 1306. of the Revised Code,	160
the auditor of state, in conducting an audit of that office under	161
division (A) or (B) of section 117.11 of the Revised Code, shall	162
inquire into the method, accuracy, and effectiveness of any	163
security procedure adopted by that office under section 304.02 of	164
the Revised Code.	165

(B) As used in this section, "county office," "electronic,"	166
"electronic record," and "electronic signature" have the same	167
meanings as in section 304.01 of the Revised Code.	168

Sec. 125.072.  (A) As used in this section:

169

(1) "Internet" means the international computer network of	170
both federal and nonfederal interoperable packet switched data	171
networks, including the graphical subnetwork called the world wide	172
web.	173

(2) "Reverse, "reverse auction" means a purchasing process in	174
which offerors submit bids in competing to sell services or	175
supplies in an open environment via the internet.	176

(B) Whenever the director of administrative services	177
determines that the use of a reverse auction is advantageous to	178
the state, the director, in accordance with rules the director	179
shall adopt, may purchase services or supplies by reverse auction.	180

(C) The director, by rule, may authorize a state agency that	181
is authorized to purchase services or supplies directly to	182
purchase them by reverse auction in the same manner as this	183
section and the rules adopted under this section authorize the	184
director to do so.	185

Sec. 149.432.  (A) As used in this section:

186

(1) "Library" means a library that is open to the public,	187
including any of the following:	188

(a) A library that is maintained and regulated under section	189
715.13 of the Revised Code;	190

(b) A library that is created, maintained, and regulated	191
under Chapter 3375. of the Revised Code;	192

(c) A library that is created and maintained by a public or	193
private school, college, university, or other educational	194
institution;	195

(d) A library that is created and maintained by a historical	196
or charitable organization, institution, association, or society.	197

"Library" includes the members of the governing body and the	198
employees of a library.	199

(2) "Library record" means a record in any form that is	200
maintained by a library and that contains any of the following	201
types of information:	202

(a) Information that the library requires an individual to	203
provide in order to be eligible to use library services or borrow	204
materials;	205

(b) Information that identifies an individual as having	206
requested or obtained specific materials or materials on a	207
particular subject;	208

(c) Information that is provided by an individual to assist a	209
library staff member to answer a specific question or provide	210
information on a particular subject.	211

"Library record" does not include information that does not	212
identify any individual and that is retained for the purpose of	213
studying or evaluating the use of a library and its materials and	214
services.	215

(3) Subject to division (B)(5) of this section, "patron	216
information" means personally identifiable information about an	217
individual who has used any library service or borrowed any	218
library materials.	219

(4) "Internet" has the same meaning as in section 3517.106 of	220
the Revised Code.	221

(B) A library shall not release any library record or	222
disclose any patron information except in the following	223
situations:	224

(1) If a library record or patron information pertaining to a	225
minor child is requested from a library by the minor child's	226
parent, guardian, or custodian, the library shall make that record	227
or information available to the parent, guardian, or custodian in	228
accordance with division (B) of section 149.43 of the Revised	229
Code.	230

(2) Library records or patron information shall be released	231
in the following situations:	232

(a) In accordance with a subpoena, search warrant, or other	233
court order;	234

(b) To a law enforcement officer who is acting in the scope	235
of the officer's law enforcement duties and who is investigating a	236
matter involving public safety in exigent circumstances.	237

(3) A library record or patron information shall be released	238
upon the request or with the consent of the individual who is the	239
subject of the record or information.	240

(4) Library records may be released for administrative	241
library purposes, including establishment or maintenance of a	242
system to manage the library records or to assist in the transfer	243
of library records from one records management system to another,	244
compilation of statistical data on library use, and collection of	245
fines and penalties.	246

(5) A library may release under division (B) of section	247
149.43 of the Revised Code records that document improper use of	248
the internet at the library so long as any patron information is	249
removed from those records. As used in division (B)(5) of this	250
section, "patron information" does not include information about	251
the age or gender of an individual.	252

Sec. 304.01. As used in this chapter:

253

(A) "Agreement" means the bargain of the parties in fact, as	254
found in their language or inferred from other circumstances and	255
from rules, regulations, and procedures given the effect of	256
agreements under laws otherwise applicable to a particular	257
transaction.	258

(B) "County office" means any officer, department, board,	259
commission, agency, court, or other instrumentality of a county.	260

(C) "Electronic" means relating to technology having	261
electrical, digital, magnetic, wireless, optical, electromagnetic,	262
or similar capabilities.	263

(D) "Electronic record" means a record created, generated,	264
sent, communicated, received, or stored by electronic means.	265

(E) "Electronic signature" means an electronic sound, symbol,	266
or process attached to or logically associated with a record and	267
executed or adopted by a person with the intent to sign the	268
record.	269

(F) "Information" means data, text, images, sounds, codes,	270
computer programs, software, databases, or the like.	271

(G) "Person" means an individual, corporation, business	272
trust, estate, trust, partnership, limited liability company,	273
association, joint venture, governmental agency, public	274
corporation, or other legal or commercial entity.	275

(H) "Record" means information that is inscribed on a	276
tangible medium or that is stored in an electronic or other medium	277
and is retrievable in perceivable form.	278

(I) "Transaction" means an action or set of actions occurring	279
between two or more persons relating to the conduct of business,	280
commercial, or governmental affairs.	281

Sec. 304.02. Prior to the use of electronic records and	282
electronic signatures by a county office under Chapter 1306. of	283
the Revised Code, and except as otherwise provided in section	284
955.013 of the Revised Code, a county office shall adopt, in	285
writing, a security procedure for the purpose of verifying that an	286
electronic signature, record, or performance is that of a specific	287
person or for detecting changes or errors in the information in an	288
electronic record. A security procedure includes, but is not	289
limited to, a procedure that requires the use of algorithms or	290
other codes, identifying words or numbers, encryption, or callback	291
or other acknowledgment procedures.	292

Sec. 304.03. (A) Whenever any rule or law requires or	293
authorizes the filing of any information, notice, lien, or other	294
document or record with any county office, a filing made by an	295
electronic record shall have the same force and effect as a filing	296
made on paper in all cases where the county office has authorized	297
or agreed to the electronic filing and the filing is made in	298
accordance with applicable rules or an applicable agreement.	299

(B) Nothing in this section authorizes or shall be construed	300
to authorize the use of a financial transaction device in an	301
electronic transaction for the acceptance of payments for county	302
expenses, except pursuant to section 301.28 or 955.013 of the	303
Revised Code.	304

(C) As used in this section, "financial transaction device"	305
and "county expenses" have the same meanings as in section 301.28	306
of the Revised Code.	307

Sec. 304.04. Nothing in this chapter or Chapter 1306. of the	308
Revised Code requires or shall be construed to require any county	309
office to use or permit the use of electronic records and	310
electronic signatures.	311

Sec. 307.12.  (A) Except as otherwise provided in divisions	312
(B), (C), and (E) of this section, when the board of county	313
commissioners finds, by resolution, that the county has personal	314
property, including motor vehicles acquired for the use of county	315
officers and departments, and road machinery, equipment, tools, or	316
supplies, which is not needed for public use, or is obsolete or	317
unfit for the use for which it was acquired, and when the fair	318
market value of the property to be sold under this division is, in	319
the opinion of the board, in excess of two thousand five hundred	320
dollars, the board may do either of the following:	321

(1) Sell the property at public auction or by sealed bid to	322
the highest bidder. Notice of the time, place, and manner of the	323
sale shall be published in a newspaper of general circulation in	324
the county at least ten days prior to the sale, and a typewritten	325
or printed notice of the time, place, and manner of the sale shall	326
be posted at least ten days before the sale in the offices of the	327
county auditor and the board of county commissioners.	328

If a board conducts a sale of property by sealed bid, the	329
form of the bid shall be as prescribed by the board, and each bid	330
shall contain the name of the person submitting it. Bids received	331
shall be opened and tabulated at the time stated in the notice.	332
The property shall be sold to the highest bidder, except that the	333
board may reject all bids and hold another sale, by public auction	334
or sealed bid, in the manner prescribed by this section.	335

(2) Donate any motor vehicle that does not exceed four	336
thousand five hundred dollars in value to a nonprofit organization	337
exempt from federal income taxation pursuant to 26 U.S.C. 501(a)	338
and (c)(3) for the purpose of meeting the transportation needs of	339
participants in the Ohio works first program established under	340
Chapter 5107. of the Revised Code and participants in the	341
prevention, retention, and contingency program established under	342
Chapter 5108. of the Revised Code.	343

(B) When the board of county commissioners finds, by	344
resolution, that the county has personal property, including motor	345
vehicles acquired for the use of county officers and departments,	346
and road machinery, equipment, tools, or supplies, which is not	347
needed for public use, or is obsolete or unfit for the use for	348
which it was acquired, and when the fair market value of the	349
property to be sold under this division is, in the opinion of the	350
board, two thousand five hundred dollars or less, the board may	351
sell the property by private sale, without advertisement or public	352
notification.	353

Notwithstanding anything to the contrary in division (A) or	354
(C) of this section and regardless of the property's value, the	355
board may sell or donate county personal property, including motor	356
vehicles, to the federal government, the state, or any political	357
subdivision of the state without advertisement or public	358
notification.	359

(C) Notwithstanding anything to the contrary in division (A),	360
(B), or (E) of this section and regardless of the property's	361
value, the board of county commissioners may sell personal	362
property, including motor vehicles acquired for the use of county	363
officers and departments, and road machinery, equipment, tools, or	364
supplies, which is not needed for public use, or is obsolete or	365
unfit for the use for which it was acquired, by internet auction.	366
The board shall adopt, during each calendar year, a resolution	367
expressing its intent to sell that property by internet auction.	368
The resolution shall include a description of how the auctions	369
will be conducted and shall specify the number of days for bidding	370
on the property, which shall be no less than fifteen days,	371
including Saturdays, Sundays, and legal holidays. The resolution	372
shall indicate whether the county will conduct the auction or the	373
board will contract with a representative to conduct the auction	374
and shall establish the general terms and conditions of sale. If a	375
representative is known when the resolution is adopted, the	376
resolution shall provide contact information such as the	377
representative's name, address, and telephone number.	378

After adoption of the resolution, the board shall publish, in	379
a newspaper of general circulation in the county, notice of its	380
intent to sell unneeded, obsolete, or unfit county personal	381
property by internet auction. The notice shall include a summary	382
of the information provided in the resolution and shall be	383
published at least twice. The second and any subsequent notice	384
shall be published not less than ten nor more than twenty days	385
after the previous notice. A similar notice also shall be posted	386
continually throughout the calendar year in a conspicuous place in	387
the offices of the county auditor and the board of county	388
commissioners, and, if the county maintains a website on the	389
internet, the notice shall be posted continually throughout the	390
calendar year at that website.	391

When property is to be sold by internet auction, the board or	392
its representative may establish a minimum price that will be	393
accepted for specific items and may establish any other terms and	394
conditions for the particular sale, including requirements for	395
pick-up or delivery, method of payment, and sales tax. This type	396
of information shall be provided on the internet at the time of	397
the auction and may be provided before that time upon request	398
after the terms and conditions have been determined by the board	399
or its representative.	400

(D) When a county officer or department head determines that	401
county-owned personal property under the jurisdiction of the	402
officer or department head, including motor vehicles, road	403
machinery, equipment, tools, or supplies, is not of immediate	404
need, the county officer or department head may notify the board	405
of county commissioners, and the board may lease that personal	406
property to any municipal corporation, township, or other	407
political subdivision of the state. The lease shall require the	408
county to be reimbursed under terms, conditions, and fees	409
established by the board, or under contracts executed by the	410
board.	411

(E) If the board of county commissioners finds, by	412
resolution, that the county has vehicles, equipment, or machinery	413
which is not needed, or is unfit for public use, and the board	414
desires to sell the vehicles, equipment, or machinery to the	415
person or firm from which it proposes to purchase other vehicles,	416
equipment, or machinery, the board may offer to sell the vehicles,	417
equipment, or machinery to that person or firm, and to have the	418
selling price credited to the person or firm against the purchase	419
price of other vehicles, equipment, or machinery.	420

(F) If the board of county commissioners advertises for bids	421
for the sale of new vehicles, equipment, or machinery to the	422
county, it may include in the same advertisement a notice of the	423
willingness of the board to accept bids for the purchase of	424
county-owned vehicles, equipment, or machinery which is obsolete	425
or not needed for public use, and to have the amount of those bids	426
subtracted from the selling price of the other vehicles,	427
equipment, or machinery as a means of determining the lowest	428
responsible bidder.	429

(G) If a board of county commissioners determines that county	430
personal property is not needed for public use, or is obsolete or	431
unfit for the use for which it was acquired, and that the property	432
has no value, the board may discard or salvage that property.	433

(H) As used in this section, "internet" means the	434
international computer network of both federal and nonfederal	435
interoperable packet switched data networks, including the	436
graphical subnetwork called the world wide web.	437

Sec. 341.42.  (A) As used in this section:

438

(1) "County correctional officer" has the same meaning as in	439
section 341.41 of the Revised Code.	440

(2) "Computer," "computer network," "computer system,"	441
"computer services," "telecommunications service," and	442
"information service" have the same meanings as in section 2913.01	443
of the Revised Code.	444

(3) "Internet" means the international computer network of	445
both federal and nonfederal interoperable packet switched data	446
networks, including the graphical subnetwork called the world wide	447
web.	448

(4) "County correctional facility" means a county jail,	449
county workhouse, minimum security jail, joint city and county	450
workhouse, municipal-county correctional center,	451
multicounty-municipal correctional center, municipal-county jail	452
or workhouse, or multicounty-municipal jail or workhouse.	453

(B) No county correctional officer shall provide a prisoner	454
access to or permit a prisoner to have access to the internet	455
through the use of a computer, computer network, computer system,	456
computer services, telecommunications service, or information	457
service unless both of the following apply:	458

(1) The prisoner is participating in an approved educational	459
program with direct supervision that requires the use of the	460
internet for training or research purposes.	461

(2) The provision of and access to the internet is in	462
accordance with rules promulgated by the department of	463
rehabilitation and correction pursuant to section 5120.62 of the	464
Revised Code.	465

(C)(1) No prisoner in a county correctional facility under	466
the control of a county shall access the internet through the use	467
of a computer, computer network, computer system, computer	468
services, telecommunications service, or information service	469
unless both of the following apply:	470

(a) The prisoner is participating in an approved educational	471
program with direct supervision that requires the use of the	472
internet for training or research purposes.	473

(b) The provision of and access to the internet is in	474
accordance with rules promulgated by the department of	475
rehabilitation and correction pursuant to section 5120.62 of the	476
Revised Code.	477

(2) Whoever violates division (C)(1) of this section is	478
guilty of improper internet access, a misdemeanor of the first	479
degree.	480

Sec. 505.10.  The board of township trustees may accept, on	481
behalf of the township, the donation by bequest, devise, deed of	482
gift, or otherwise, of any real or personal property for any	483
township use. When the township has property, including motor	484
vehicles, road machinery, equipment, and tools, which the board,	485
by resolution, finds it does not need for public use, is obsolete,	486
or is unfit for the use for which it was acquired, the board may	487
sell and convey that property or otherwise dispose of it in	488
accordance with this section. Except as otherwise provided in	489
sections 505.08, 505.101, and 505.102 of the Revised Code, the	490
sale or other disposition of unneeded, obsolete, or unfit property	491
shall be made in accordance with one of the following:	492

(A)(1) If the fair market value of property to be sold is, in	493
the opinion of the board, in excess of two thousand five hundred	494
dollars, the sale shall be by public auction, and the board shall	495
publish notice of the time, place, and manner of the sale once a	496
week for three weeks in a newspaper published, or of general	497
circulation, in the township, the last of those publications to be	498
at least five days before the date of sale, and shall post a	499
typewritten or printed notice of the time, place, and manner of	500
the sale in the office of the board for at least ten days prior to	501
the sale.	502

(2) If the fair market value of property to be sold is, in	503
the opinion of the board, two thousand five hundred dollars or	504
less, the board may sell the property by private sale, without	505
advertisement or public notification.	506

(3) If the board finds, by resolution, that the township has	507
motor vehicles, road machinery, equipment, or tools which are not	508
needed or are unfit for public use, and the board wishes to sell	509
the motor vehicles, road machinery, equipment, or tools to the	510
person or firm from which it proposes to purchase other motor	511
vehicles, road machinery, equipment, or tools, the board may offer	512
to sell the motor vehicles, road machinery, equipment, or tools to	513
that person or firm, and to have the selling price credited to the	514
person or firm against the purchase price of other motor vehicles,	515
road machinery, equipment, or tools.	516

(4) If the board advertises for bids for the sale of new	517
motor vehicles, road machinery, equipment, or tools to the	518
township, it may include in the same advertisement a notice of the	519
willingness of the board to accept bids for the purchase of	520
township-owned motor vehicles, road machinery, equipment, or tools	521
which are obsolete or not needed for public use, and to have the	522
amount of those bids subtracted from the selling price of the new	523
motor vehicles, road machinery, equipment, or tools, as a means of	524
determining the lowest responsible bidder.	525

(5) When a township has title to real property, the board of	526
township trustees, by resolution, may authorize the transfer and	527
conveyance of that property to any other political subdivision of	528
the state upon such terms as are agreed to between the board and	529
the legislative authority of that political subdivision.	530

(6) When a township has title to real property and the board	531
of township trustees wishes to sell or otherwise transfer the	532
property, the board, upon a unanimous vote of its members and by	533
resolution, may authorize the transfer and conveyance of that real	534
property to any person upon whatever terms are agreed to between	535
the board and that person.	536

(7) If the board of township trustees determines that	537
township personal property is not needed for public use, or is	538
obsolete or unfit for the use for which it was acquired, and that	539
the property has no value, the board may discard or salvage that	540
property.	541

(B) When the board has offered property at public auction	542
under this section and has not received an acceptable offer, the	543
board, by resolution, may enter into a contract, without	544
advertising or bidding, for the sale of that property. The	545
resolution shall specify a minimum acceptable price and the	546
minimum acceptable terms for the contract. The minimum acceptable	547
price shall not be lower than the minimum price established for	548
the public auction.	549

(C) Notwithstanding anything to the contrary in division (A)	550
or (B) of this section and regardless of the property's value, the	551
board of township trustees may sell personal property, including	552
motor vehicles, road machinery, equipment, tools, or supplies,	553
which is not needed for public use, or is obsolete or unfit for	554
the use for which it was acquired, by internet auction. The board	555
shall adopt, during each calendar year, a resolution expressing	556
its intent to sell that property by internet auction. The	557
resolution shall include a description of how the auctions will be	558
conducted and shall specify the number of days for bidding on the	559
property, which shall be no less than fifteen days, including	560
Saturdays, Sundays, and legal holidays. The resolution shall	561
indicate whether the township will conduct the auction or the	562
board will contract with a representative to conduct the auction	563
and shall establish the general terms and conditions of sale. If a	564
representative is known when the resolution is adopted, the	565
resolution shall provide contact information such as the	566
representative's name, address, and telephone number.	567

After adoption of the resolution, the board shall publish, in	568
a newspaper of general circulation in the township, notice of its	569
intent to sell unneeded, obsolete, or unfit township personal	570
property by internet auction. The notice shall include a summary	571
of the information provided in the resolution and shall be	572
published at least twice. The second and any subsequent notice	573
shall be published not less than ten nor more than twenty days	574
after the previous notice. A clerk also shall post a similar	575
notice throughout the calendar year in a conspicuous place in the	576
board's office, and, if the township maintains a website on the	577
internet, the notice shall be posted continually throughout the	578
calendar year at that website.	579

When property is to be sold by internet auction, the board or	580
its representative may establish a minimum price that will be	581
accepted for specific items and may establish any other terms and	582
conditions for the particular sale, including requirements for	583
pick-up or delivery, method of payment, and sales tax. This type	584
of information shall be provided on the internet at the time of	585
the auction and may be provided before that time upon request	586
after the terms and conditions have been determined by the board	587
or its representative.	588

As used in this section, "internet" means the international	589
computer network of both federal and nonfederal interoperable	590
packet switched data networks, including the graphical subnetwork	591
called the world wide web.	592

Sec. 718.07.  As used in this section, "internet" means the	593
international computer network of both federal and nonfederal	594
interoperable packet switched data networks, including the	595
graphical subnetwork known as the world wide web.	596

On and after January 1, 2002, each municipal corporation that	597
imposes a tax on income shall make electronic versions of any	598
rules or ordinances governing the tax available to the public	599
through the internet, including, but not limited to, ordinances or	600
rules governing the rate of tax; payment and withholding of taxes;	601
filing any prescribed returns, reports, or other documents; dates	602
for filing or paying taxes, including estimated taxes; penalties,	603
interest, assessment, and other collection remedies; rights of	604
taxpayers to appeal; and procedures for filing appeals. On and	605
after that date, any municipal corporation that requires taxpayers	606
to file income tax returns, reports, or other documents shall make	607
blanks of such returns, reports, or documents, and any	608
instructions pertaining thereto, available to the public	609
electronically through the internet. Electronic versions of rules,	610
ordinances, blanks, and instructions shall be made available	611
either by posting them on the electronic site established by the	612
tax commissioner under section 5703.49 of the Revised Code or by	613
posting them on an electronic site established by the municipal	614
corporation that is accessible through the internet. If a	615
municipal corporation establishes such an electronic site, the	616
municipal corporation shall incorporate an electronic link between	617
that site and the site established pursuant to section 5703.49 of	618
the Revised Code, and shall provide to the tax commissioner the	619
uniform resource locator of the site established pursuant to this	620
division.	621

Sec. 721.15.  (A) Personal property not needed for municipal	622
purposes, the estimated value of which is less than one thousand	623
dollars, may be sold by the board or officer having supervision or	624
management of that property. If the estimated value of that	625
property is one thousand dollars or more, it shall be sold only	626
when authorized by an ordinance of the legislative authority of	627
the municipal corporation and approved by the board, officer, or	628
director having supervision or management of that property. When	629
so authorized, the board, officer, or director shall make a	630
written contract with the highest and best bidder after	631
advertisement for not less than two or more than four consecutive	632
weeks in a newspaper of general circulation within the municipal	633
corporation, or with a board of county commissioners upon such	634
lawful terms as are agreed upon, as provided by section 721.27 of	635
the Revised Code.	636

(B) When the legislative authority finds, by resolution, that	637
the municipal corporation has vehicles, equipment, or machinery	638
which is obsolete, or is not needed or is unfit for public use,	639
that the municipal corporation has need of other vehicles,	640
equipment, or machinery of the same type, and that it will be in	641
the best interest of the municipal corporation that the sale of	642
obsolete, unneeded, or unfit vehicles, equipment, or machinery be	643
made simultaneously with the purchase of the new vehicles,	644
equipment, or machinery of the same type, the legislative	645
authority may offer to sell, or authorize a board, officer, or	646
director of the municipal corporation having supervision or	647
management of the property to offer to sell, those vehicles,	648
equipment, or machinery and to have the selling price credited	649
against the purchase price of other vehicles, equipment, or	650
machinery and to consummate the sale and purchase by a single	651
contract with the lowest and best bidder to be determined by	652
subtracting from the selling price of the vehicles, equipment, or	653
machinery to be purchased by the municipal corporation the	654
purchase price offered for the municipally-owned vehicles,	655
equipment, or machinery. When the legislative authority or the	656
authorized board, officer, or director of a municipal corporation	657
advertises for bids for the sale of new vehicles, equipment, or	658
machinery to the municipal corporation, they may include in the	659
same advertisement a notice of willingness to accept bids for the	660
purchase of municipally-owned vehicles, equipment, or machinery	661
which is obsolete, or is not needed or is unfit for public use,	662
and to have the amount of those bids subtracted from the selling	663
price as a means of determining the lowest and best bidder.	664

(C) If the legislative authority of the municipal corporation	665
determines that municipal personal property is not needed for	666
public use, or is obsolete or unfit for the use for which it was	667
acquired, and that the property has no value, the legislative	668
authority may discard or salvage that property.	669

(D) Notwithstanding anything to the contrary in division (A)	670
or (B) of this section and regardless of the property's value, the	671
legislative authority of a municipal corporation may sell personal	672
property, including motor vehicles acquired for the use of	673
municipal officers and departments, and road machinery, equipment,	674
tools, or supplies, which is not needed for public use, or is	675
obsolete or unfit for the use for which it was acquired, by	676
internet auction. The legislative authority shall adopt, during	677
each calendar year, a resolution expressing its intent to sell	678
that property by internet auction. The resolution shall include a	679
description of how the auctions will be conducted and shall	680
specify the number of days for bidding on the property, which	681
shall be no less than fifteen days, including Saturdays, Sundays,	682
and legal holidays. The resolution shall indicate whether the	683
municipal corporation will conduct the auction or the legislative	684
authority will contract with a representative to conduct the	685
auction and shall establish the general terms and conditions of	686
sale. If a representative is known when the resolution is adopted,	687
the resolution shall provide contact information such as the	688
representative's name, address, and telephone number.	689

After adoption of the resolution, the legislative authority	690
shall publish, in a newspaper of general circulation in the	691
municipal corporation, notice of its intent to sell unneeded,	692
obsolete, or unfit municipal personal property by internet	693
auction. The notice shall include a summary of the information	694
provided in the resolution and shall be published at least twice.	695
The second and any subsequent notice shall be published not less	696
than ten nor more than twenty days after the previous notice. A	697
similar notice also shall be posted continually throughout the	698
calendar year in a conspicuous place in the offices of the village	699
clerk or city auditor, and the legislative authority, and, if the	700
municipal corporation maintains a website on the internet, the	701
notice shall be posted continually throughout the calendar year at	702
that website.	703

When the property is to be sold by internet auction, the	704
legislative authority or its representative may establish a	705
minimum price that will be accepted for specific items and may	706
establish any other terms and conditions for the particular sale,	707
including requirements for pick-up or delivery, method of payment,	708
and sales tax. This type of information shall be provided on the	709
internet at the time of the auction and may be provided before	710
that time upon request after the terms and conditions have been	711
determined by the legislative authority or its representative.	712

As used in this section, "internet" means the international	713
computer network of both federal and nonfederal interoperable	714
packet switched data networks, including the graphical subnetwork	715
called the world wide web.	716

Sec. 753.32.  (A) As used in this section:

717

(1) "Municipal correctional officer" has the same meaning as	718
in section 753.31 of the Revised Code.	719

(2) "Computer," "computer network," "computer system,"	720
"computer services," "telecommunications service," and	721
"information service" have the same meanings as in section 2913.01	722
of the Revised Code.	723

(3) "Internet" has the same meaning as in section 341.42 of	724
the Revised Code.	725

(4) "Municipal correctional facility" means a municipal jail,	726
municipal workhouse, minimum security jail, joint city and county	727
workhouse, municipal-county correctional center,	728
multicounty-municipal correctional center, municipal-county jail	729
or workhouse, or multicounty-municipal jail or workhouse.	730

(B) No municipal correctional officer shall provide a	731
prisoner access to or permit a prisoner to have access to the	732
internet through the use of a computer, computer network, computer	733
system, computer services, telecommunications service, or	734
information service unless both of the following apply:	735

(1) The prisoner is participating in an approved educational	736
program with direct supervision that requires the use of the	737
internet for training or research purposes.	738

(2) The provision of and access to the internet is in	739
accordance with rules promulgated by the department of	740
rehabilitation and correction pursuant to section 5120.62 of the	741
Revised Code.	742

(C)(1) No prisoner in a municipal correctional facility under	743
the control of a municipal corporation shall access the internet	744
through the use of a computer, computer network, computer system,	745
computer services, telecommunications service, or information	746
service unless both of the following apply:	747

(a) The prisoner is participating in an approved educational	748
program with direct supervision that requires the use of the	749
internet for training or research purposes.	750

(b) The provision of and access to the internet is in	751
accordance with rules promulgated by the department of	752
rehabilitation and correction pursuant to section 5120.62 of the	753
Revised Code.	754

(2) Whoever violates division (C)(1) of this section is	755
guilty of improper internet access, a misdemeanor of the first	756
degree.	757

Sec. 955.013.  (A) As used in this section:

758

(1) "Financial, "financial transaction device" has the same	759
meaning as in section 301.28 of the Revised Code.	760

(2) "Internet" means the international computer network of	761
both federal and nonfederal interoperable packet switched data	762
networks, including the graphical subnetwork called the world wide	763
web.	764

(B) A county auditor may establish procedures and take	765
actions that are necessary to allow for either or both of the	766
following:	767

(1) The registration of dogs and kennels under this chapter	768
via the internet;	769

(2) The payment of dog and kennel registration fees under	770
this chapter by financial transaction devices, including payment	771
by financial transaction devices via the internet.	772

Sec. 1306.16.  (A) A provision of a nonelectronic contract	773
involving a consumer and to which a state agency or a county	774
office is not a party that authorizes the conducting of a	775
transaction or any part of a transaction by electronic means is	776
unenforceable against the consumer, unless the consumer separately	777
signs the provision.	778

(B) A consumer's agreement to conduct a transaction or a part	779
of a transaction electronically shall not be inferred solely from	780
the fact that the consumer has used electronic means to pay an	781
account or register a purchase or warranty.	782

(C) Divisions (A) and (B) of this section apply to every	783
transaction described in those divisions notwithstanding any other	784
provision of sections 1306.01 to 1306.23 of the Revised Codethis	785
chapter. This section shall not be varied by agreement.	786

(D) For purposes of this section, both of the following	787
apply:	788

(1) "Consumer" means an individual who is involved in a	789
transaction primarily for personal, family, or household purposes.	790

(2) "State agency" means every organized body, office, or	791
agency established by the laws of the state for the exercise of	792
any function of state government.	793

(3) "County office" means any officer, department, board,	794
commission, agency, court, or other instrumentality of a county.	795

Sec. 2307.64. (A) As used in this section:

796

(1) "Advertisement" has the same meaning as in section	797
4931.55 of the Revised Code.	798

(2) "Computer," "computer network," "computer program,"	799
"computer services," and "telecommunications device" have the same	800
meanings as in section 2913.01 of the Revised Code.	801

(3) "Electronic mail" means an electronic message that is	802
transmitted between two or more telecommunications devices or	803
electronic devices capable of receiving electronic messages,	804
whether or not the message is converted to hard copy format after	805
receipt, and whether or not the message is viewed upon the	806
transmission or stored for later retrieval. "Electronic mail"	807
includes electronic messages that are transmitted through a local,	808
regional, or global computer network.	809

(4) "Electronic mail advertisement" means electronic mail	810
containing an advertisement.	811

(5) "Electronic mail service provider" means any person that	812
is an intermediary in sending and receiving electronic mail and	813
that provides to users of electronic mail services the ability to	814
send or receive electronic mail. "Electronic mail service	815
provider" includes an internet service provider.	816

(6) "Internet" has the same meaning as in section 341.42 of	817
the Revised Code.	818

(7) "Originating address" means the string of characters used	819
to specify the source of any electronic mail message.	820

(8)(7) "Person" has the same meaning as in section 1.59 of	821
the Revised Code, but when a person is not an individual, the	822
person responsible for transmitting or causing to be transmitted	823
an electronic mail advertisement is the particular division of the	824
partnership, corporation, or other business entity actually	825
responsible for the transmission of the electronic mail	826
advertisement.	827

(9)(8) "Pre-existing business relationship" means that there	828
was a business transaction between the initiator and the recipient	829
of a commercial electronic mail message during the five-year	830
period preceding the receipt of that message. A pre-existing	831
business relationship includes a transaction involving the free	832
provision of information, goods, or services requested by the	833
recipient. A pre-existing business relationship does not exist	834
after a recipient requests to be removed from the distribution	835
lists of an initiator pursuant to division (B) of this section and	836
a reasonable amount of time has expired since that request.	837

(10)(9) "Receiving address" means the string of characters	838
used to specify a recipient with each receiving address creating a	839
unique and separate recipient.	840

(11)(10) "Recipient" means a person who receives an	841
electronic mail advertisement at any one of the following	842
receiving addresses:	843

(a) A receiving address furnished by an electronic mail	844
service provider that bills for furnishing and maintaining that	845
receiving address to a mailing address within this state;	846

(b) A receiving address ordinarily accessed from a computer	847
located within this state;	848

(c) A receiving address ordinarily accessed by a person	849
domiciled within this state;	850

(d) Any other receiving address with respect to which the	851
obligations imposed by this section can be imposed consistent with	852
the United States Constitution.	853

(B)(1) Except as otherwise provided in division (B)(3) of	854
this section, a person that transmits or causes to be transmitted	855
to a recipient an electronic mail advertisement shall clearly and	856
conspicuously provide to the recipient, within the body of the	857
electronic mail advertisement, both of the following:	858

(a) The person's name and complete residence or business	859
address and the electronic mail address of the person transmitting	860
the electronic mail advertisement;	861

(b) A notice that the recipient may decline to receive from	862
the person transmitting or causing to be transmitted the	863
electronic mail advertisement any additional electronic mail	864
advertisements and a detailed procedure for declining to receive	865
any additional electronic mail advertisements at no cost. The	866
notice shall be of the same size of type as the majority of the	867
text of the message and shall not require that the recipient	868
provide any information other than the receiving address.	869

(2) If the recipient of an electronic mail advertisement uses	870
the procedure contained in the notice described in division	871
(B)(1)(b) of this section to decline to receive any additional	872
electronic mail advertisements, the person that transmitted or	873
caused to be transmitted the original electronic mail	874
advertisement, within a reasonable period of time, shall cease	875
transmitting or causing to be transmitted to the receiving address	876
any additional electronic mail advertisements.	877

(3) A person does not violate division (B) of this section if	878
the person transmits or causes to be transmitted to the recipient	879
an electronic mail advertisement when any of the following apply:	880

(a) The person has a pre-existing business or personal	881
relationship with the recipient.	882

(b) The recipient has consented or has agreed as a condition	883
of service to receive the electronic mail advertisement.	884

(c) The recipient receives the electronic mail advertisement	885
because another recipient forwarded the advertisement to that	886
recipient via an internet web site or another recipient made a	887
direct referral of that recipient to receive the advertisement.	888

(C) No person shall use a computer, a computer network, or	889
the computer services of an electronic mail service provider to	890
transmit an electronic mail advertisement in contravention of the	891
authority granted by, or in violation of the policies related to	892
electronic mail advertisements set by, the electronic mail service	893
provider if the electronic mail service provider has provided the	894
person notice of those policies. For the purposes of this	895
division, notice of those policies shall be deemed sufficient if	896
an electronic mail service provider maintains an easily accessible	897
web page containing its policies regarding electronic mail	898
advertisements and can demonstrate that notice was supplied via	899
electronic means between the sending and receiving computers.	900

(D) No electronic mail service provider shall be liable for	901
transmitting another person's electronic mail advertisement	902
through its service in violation of this section, or shall be	903
liable for any action it voluntarily takes in good faith to block	904
the receipt or transmission through its service of any electronic	905
mail advertisement that it believes is, or will be sent, in	906
violation of this section.	907

(E) A recipient of an electronic mail advertisement	908
transmitted in violation of division (B) of this section may bring	909
a civil action against a person who transmitted that advertisement	910
or caused it to be transmitted. In that action, the recipient may	911
recover the following:	912

(1) One hundred dollars for each violation, not to exceed a	913
total of fifty thousand dollars;	914

(2) Reasonable attorney's fees, court costs, and other costs	915
of bringing the action.	916

(F) An electronic mail service provider whose authority or	917
policy has been contravened in violation of division (C) of this	918
section may bring a civil action against a person who transmitted	919
that advertisement or caused it to be transmitted. In that action,	920
the electronic mail service provider may recover the following:	921

(1)(a) Fifty dollars for each violation of division (C) of	922
this section, not to exceed fifty thousand dollars;	923

(b) If a violation of division (C) of this section is a	924
willful or knowing violation, the court may increase the amount	925
recoverable to an amount not to exceed five hundred thousand	926
dollars.	927

(c) If a violation of division (C) of this section is	928
accompanied by a violation of division (H) of this section, there	929
shall be no limit on the amount that may be recovered pursuant to	930
this section.	931

(2) Reasonable attorney's fees, court costs, and other costs	932
of bringing the action.	933

(G) In addition to any recovery that is allowed under	934
divisions (E) or (F) of this section, the recipient of an	935
electronic mail advertisement transmitted in violation of division	936
(B) of this section or the electronic mail service provider of an	937
advertisement transmitted in violation of division (C) of this	938
section may apply to the court of common pleas of the county in	939
which the recipient resides or the service provider is located for	940
an order enjoining the person who transmitted or caused to be	941
transmitted that electronic mail advertisement from transmitting	942
or causing to be transmitted to the recipient any additional	943
electronic mail advertisement.	944

(H) No person shall use a computer, a computer network, a	945
computer program, or the computer services of an electronic mail	946
service provider with the intent to forge an originating address	947
or other routing information, in any manner, in connection with	948
the transmission of an electronic mail advertisement through or	949
into the network of an electronic mail service provider or its	950
subscribers. Each use of a computer, a computer network, a	951
computer program, or the computer services of an electronic mail	952
service provider in violation of this division constitutes a	953
separate offense. A person who violates this division is guilty of	954
forgery under section 2913.31 of the Revised Code.	955

Sec. 3517.10.  (A) Except as otherwise provided in this	956
division, every campaign committee, political action committee,	957
legislative campaign fund, political party, and political	958
contributing entity that made or received a contribution or made	959
an expenditure in connection with the nomination or election of	960
any candidate or in connection with any ballot issue or question	961
at any election held or to be held in this state shall file, on a	962
form prescribed under this section, by electronic means of	963
transmission as provided in this section and section 3517.106 of	964
the Revised Code, or, until March 1, 2004, on computer disk as	965
provided in section 3517.106 of the Revised Code, a full, true,	966
and itemized statement, made under penalty of election	967
falsification, setting forth in detail the contributions and	968
expenditures, no later than four p.m. of the following dates:	969

(1) The twelfth day before the election to reflect	970
contributions received and expenditures made from the close of	971
business on the last day reflected in the last previously filed	972
statement, if any, to the close of business on the twentieth day	973
before the election;	974

(2) The thirty-eighth day after the election to reflect the	975
contributions received and expenditures made from the close of	976
business on the last day reflected in the last previously filed	977
statement, if any, to the close of business on the seventh day	978
before the filing of the statement;	979

(3) The last business day of January of every year to reflect	980
the contributions received and expenditures made from the close of	981
business on the last day reflected in the last previously filed	982
statement, if any, to the close of business on the last day of	983
December of the previous year.	984

A campaign committee shall only be required to file the	985
statements prescribed under divisions (A)(1) and (2) of this	986
section in connection with the nomination or election of the	987
committee's candidate.	988

The statement required under division (A)(1) of this section	989
shall not be required of any campaign committee, political action	990
committee, legislative campaign fund, political party, or	991
political contributing entity that has received contributions of	992
less than one thousand dollars and has made expenditures of less	993
than one thousand dollars at the close of business on the	994
twentieth day before the election. Those contributions and	995
expenditures shall be reported in the statement required under	996
division (A)(2) of this section.	997

If an election to select candidates to appear on the general	998
election ballot is held within sixty days before a general	999
election, the campaign committee of a successful candidate in the	1000
earlier election may file the statement required by division	1001
(A)(1) of this section for the general election instead of the	1002
statement required by division (A)(2) of this section for the	1003
earlier election if the pregeneral election statement reflects the	1004
status of contributions and expenditures for the period twenty	1005
days before the earlier election to twenty days before the general	1006
election.	1007

If a person becomes a candidate less than twenty days before	1008
an election, the candidate's campaign committee is not required to	1009
file the statement required by division (A)(1) of this section.	1010

No statement under division (A)(3) of this section shall be	1011
required for any year in which a campaign committee, political	1012
action committee, legislative campaign fund, political party, or	1013
political contributing entity is required to file a postgeneral	1014
election statement under division (A)(2) of this section. However,	1015
such a statement may be filed, at the option of the campaign	1016
committee, political action committee, legislative campaign fund,	1017
political party, or political contributing entity.	1018

No statement under division (A)(3) of this section shall be	1019
required if the campaign committee, political action committee,	1020
legislative campaign fund, political party, or political	1021
contributing entity has no contributions that it has received and	1022
no expenditures that it has made since the last date reflected in	1023
its last previously filed statement. However, the campaign	1024
committee, political action committee, legislative campaign fund,	1025
political party, or political contributing entity shall file a	1026
statement to that effect, on a form prescribed under this section	1027
and made under penalty of election falsification, on the date	1028
required in division (A)(3) of this section.	1029

The campaign committee of a statewide candidate shall file a	1030
monthly statement of contributions received during each of the	1031
months of July, August, and September in the year of the general	1032
election in which the candidate seeks office. The campaign	1033
committee of a statewide candidate shall file the monthly	1034
statement not later than three business days after the last day of	1035
the month covered by the statement. During the period beginning on	1036
the nineteenth day before the general election in which a	1037
statewide candidate seeks election to office and extending through	1038
the day of that general election, each time the campaign committee	1039
of the joint candidates for the offices of governor and lieutenant	1040
governor or of a candidate for the office of secretary of state,	1041
auditor of state, treasurer of state, or attorney general receives	1042
a contribution from a contributor that causes the aggregate amount	1043
of contributions received from that contributor during that period	1044
to equal or exceed two thousand five hundred dollars and each time	1045
the campaign committee of a candidate for the office of chief	1046
justice or justice of the supreme court receives a contribution	1047
from a contributor that causes the aggregate amount of	1048
contributions received from that contributor during that period to	1049
exceed five hundred dollars, the campaign committee shall file a	1050
two-business-day statement reflecting that contribution. During	1051
the period beginning on the nineteenth day before a primary	1052
election in which a candidate for statewide office seeks	1053
nomination to office and extending through the day of that primary	1054
election, each time either the campaign committee of a statewide	1055
candidate in that primary election that files a notice under	1056
division (C)(1) of section 3517.103 of the Revised Code or the	1057
campaign committee of a statewide candidate in that primary	1058
election to which, in accordance with division (D) of section	1059
3517.103 of the Revised Code, the contribution limitations	1060
prescribed in section 3517.102 of the Revised Code no longer apply	1061
receives a contribution from a contributor that causes the	1062
aggregate amount of contributions received from that contributor	1063
during that period to exceed two thousand five hundred dollars,	1064
the campaign committee shall file a two-business-day statement	1065
reflecting that contribution. Contributions reported on a	1066
two-business-day statement required to be filed by a campaign	1067
committee of a statewide candidate in a primary election shall	1068
also be included in the postprimary election statement required to	1069
be filed by that campaign committee under division (A)(2) of this	1070
section. A two-business-day statement required by this paragraph	1071
shall be filed not later than two business days after receipt of	1072
the contribution. The statements required by this paragraph shall	1073
be filed in addition to any other statements required by this	1074
section.	1075

Subject to the secretary of state having implemented, tested,	1076
and verified the successful operation of any system the secretary	1077
of state prescribes pursuant to divisions (C)(6)(b) and (D)(6) of	1078
this section and division (H)(1) of section 3517.106 of the	1079
Revised Code for the filing of campaign finance statements by	1080
electronic means of transmission, a campaign committee of a	1081
statewide candidate shall file a two-business-day statement under	1082
the preceding paragraph by electronic means of transmission if the	1083
campaign committee is required to file a preelection,	1084
postelection, or monthly statement of contributions and	1085
expenditures by electronic means of transmission under this	1086
section or section 3517.106 of the Revised Code.	1087

If a campaign committee or political action committee has no	1088
balance on hand and no outstanding obligations and desires to	1089
terminate itself, it shall file a statement to that effect, on a	1090
form prescribed under this section and made under penalty of	1091
election falsification, with the official with whom it files a	1092
statement under division (A) of this section after filing a final	1093
statement of contributions and a final statement of expenditures,	1094
if contributions have been received or expenditures made since the	1095
period reflected in its last previously filed statement.	1096

(B) Except as otherwise provided in division (C)(7) of this	1097
section, each statement required by division (A) of this section	1098
shall contain the following information:	1099

(1) The full name and address of each campaign committee,	1100
political action committee, legislative campaign fund, political	1101
party, or political contributing entity, including any treasurer	1102
of the committee, fund, party, or entity, filing a contribution	1103
and expenditure statement;	1104

(2)(a) In the case of a campaign committee, the candidate's	1105
full name and address;	1106

(b) In the case of a political action committee, the	1107
registration number assigned to the committee under division	1108
(D)(1) of this section.	1109

(3) The date of the election and whether it was or will be a	1110
general, primary, or special election;	1111

(4) A statement of contributions received, which shall	1112
include the following information:	1113

(a) The month, day, and year of the contribution;

1114

(b)(i) The full name and address of each person, political	1115
party, campaign committee, legislative campaign fund, political	1116
action committee, or political contributing entity from whom	1117
contributions are received and the registration number assigned to	1118
the political action committee under division (D)(1) of this	1119
section. The requirement of filing the full address does not apply	1120
to any statement filed by a state or local committee of a	1121
political party, to a finance committee of such committee, or to a	1122
committee recognized by a state or local committee as its	1123
fund-raising auxiliary. Notwithstanding division (F)(1) of this	1124
section, the requirement of filing the full address shall be	1125
considered as being met if the address filed is the same address	1126
the contributor provided under division (E)(1) of this section.	1127

(ii) If a campaign committee of a statewide candidate or	1128
candidate for the office of member of the general assembly	1129
receives a contribution from an individual that exceeds one	1130
hundred dollars, the name of the individual's current employer, if	1131
any, or, if the individual is self-employed, the individual's	1132
occupation;	1133

(iii) If a campaign committee of a statewide candidate or	1134
candidate for the office of member of the general assembly	1135
receives a contribution transmitted pursuant to section 3599.031	1136
of the Revised Code from amounts deducted from the wages and	1137
salaries of two or more employees that exceeds in the aggregate	1138
one hundred dollars during any one filing period under division	1139
(A)(1), (2), or (3) of this section, the full name of the	1140
employees' employer and the full name of the labor organization of	1141
which the employees are members, if any.	1142

(c) A description of the contribution received, if other than	1143
money;	1144

(d) The value in dollars and cents of the contribution;

1145

(e) A separately itemized account of all contributions and	1146
expenditures regardless of the amount, except a receipt of a	1147
contribution from a person in the sum of twenty-five dollars or	1148
less at one social or fund-raising activity and a receipt of a	1149
contribution transmitted pursuant to section 3599.031 of the	1150
Revised Code from amounts deducted from the wages and salaries of	1151
employees if the contribution from the amount deducted from the	1152
wages and salary of any one employee is twenty-five dollars or	1153
less aggregated in a calendar year. An account of the total	1154
contributions from each social or fund-raising activity shall	1155
include a description of and the value of each in-kind	1156
contribution received at that activity from any person who made	1157
one or more such contributions whose aggregate value exceeded two	1158
hundred fifty dollars and shall be listed separately, together	1159
with the expenses incurred and paid in connection with that	1160
activity. A campaign committee, political action committee,	1161
legislative campaign fund, political party, or political	1162
contributing entity shall keep records of contributions from each	1163
person in the amount of twenty-five dollars or less at one social	1164
or fund-raising activity and contributions from amounts deducted	1165
under section 3599.031 of the Revised Code from the wages and	1166
salary of each employee in the amount of twenty-five dollars or	1167
less aggregated in a calendar year. No continuing association that	1168
is recognized by a state or local committee of a political party	1169
as an auxiliary of the party and that makes a contribution from	1170
funds derived solely from regular dues paid by members of the	1171
auxiliary shall be required to list the name or address of any	1172
members who paid those dues.	1173

Contributions that are other income shall be itemized	1174
separately from all other contributions. The information required	1175
under division (B)(4) of this section shall be provided for all	1176
other income itemized. As used in this paragraph, "other income"	1177
means a loan, investment income, or interest income.	1178

(f) In the case of a campaign committee of a state elected	1179
officer, if a person doing business with the state elected officer	1180
in the officer's official capacity makes a contribution to the	1181
campaign committee of that officer, the information required under	1182
division (B)(4) of this section in regard to that contribution,	1183
which shall be filed together with and considered a part of the	1184
committee's statement of contributions as required under division	1185
(A) of this section but shall be filed on a separate form provided	1186
by the secretary of state. As used in division (B)(4)(f) of this	1187
section:	1188

(i) "State elected officer" has the same meaning as in	1189
section 3517.092 of the Revised Code.	1190

(ii) "Person doing business" means a person or an officer of	1191
an entity who enters into one or more contracts with a state	1192
elected officer or anyone authorized to enter into contracts on	1193
behalf of that officer to receive payments for goods or services,	1194
if the payments total, in the aggregate, more than five thousand	1195
dollars during a calendar year.	1196

(5) A statement of expenditures which shall include the	1197
following information:	1198

(a) The month, day, and year of the expenditure;

1199

(b) The full name and address of each person, political	1200
party, campaign committee, legislative campaign fund, political	1201
action committee, or political contributing entity to whom the	1202
expenditure was made and the registration number assigned to the	1203
political action committee under division (D)(1) of this section;	1204

(c) The object or purpose for which the expenditure was made;

1205

(d) The amount of each expenditure.

1206

(C)(1) The statement of contributions and expenditures shall	1207
be signed by the person completing the form. If a statement of	1208
contributions and expenditures is filed by electronic means of	1209
transmission pursuant to this section or section 3517.106 of the	1210
Revised Code, the electronic signature of the person who executes	1211
the statement and transmits the statement by electronic means of	1212
transmission, as provided in division (H) of section 3517.106 of	1213
the Revised Code, shall be attached to or associated with the	1214
statement and shall be binding on all persons and for all purposes	1215
under the campaign finance reporting law as if the signature had	1216
been handwritten in ink on a printed form.	1217

(2) The person filing the statement, under penalty of	1218
election falsification, shall include with it a list of each	1219
anonymous contribution, the circumstances under which it was	1220
received, and the reason it cannot be attributed to a specific	1221
donor.	1222

(3) Each statement of a campaign committee of a candidate who	1223
holds public office shall contain a designation of each	1224
contributor who is an employee in any unit or department under the	1225
candidate's direct supervision and control. In a space provided in	1226
the statement, the person filing the statement shall affirm that	1227
each such contribution was voluntarily made.	1228

(4) A campaign committee that did not receive contributions	1229
or make expenditures in connection with the nomination or election	1230
of its candidate shall file a statement to that effect, on a form	1231
prescribed under this section and made under penalty of election	1232
falsification, on the date required in division (A)(2) of this	1233
section.	1234

(5) The campaign committee of any person who attempts to	1235
become a candidate and who, for any reason, does not become	1236
certified in accordance with Title XXXV of the Revised Code for	1237
placement on the official ballot of a primary, general, or special	1238
election to be held in this state, and who, at any time prior to	1239
or after an election, receives contributions or makes	1240
expenditures, or has given consent for another to receive	1241
contributions or make expenditures, for the purpose of bringing	1242
about the person's nomination or election to public office, shall	1243
file the statement or statements prescribed by this section and a	1244
termination statement, if applicable. This paragraph does not	1245
apply to any person with respect to an election to the offices of	1246
member of a county or state central committee, presidential	1247
elector, or delegate to a national convention or conference of a	1248
political party.	1249

(6)(a) The statements required to be filed under this section	1250
shall specify the balance in the hands of the campaign committee,	1251
political action committee, legislative campaign fund, political	1252
party, or political contributing entity and the disposition	1253
intended to be made of that balance.	1254

(b) The secretary of state shall prescribe the form for all	1255
statements required to be filed under this section and shall	1256
furnish the forms to the boards of elections in the several	1257
counties. The boards of elections shall supply printed copies of	1258
those forms without charge. The secretary of state shall prescribe	1259
the appropriate methodology, protocol, and data file structure for	1260
statements required or permitted to be filed by electronic means	1261
of transmission under division (A) of this section and divisions	1262
(E), (F), and (G) of section 3517.106 of the Revised Code and for	1263
statements permitted to be filed on computer disk under division	1264
(F) of section 3517.106 of the Revised Code. Subject to division	1265
(A) of this section and divisions (E), (F), and (G) of section	1266
3517.106 of the Revised Code, the statements required to be stored	1267
on computer by the secretary of state under division (B) of	1268
section 3517.106 of the Revised Code shall be filed in whatever	1269
format the secretary of state considers necessary to enable the	1270
secretary of state to store the information contained in the	1271
statements on computer. Any such format shall be of a type and	1272
nature that is readily available to whoever is required to file	1273
the statements in that format.	1274

(c) The secretary of state shall assess the need for training	1275
regarding the filing of campaign finance statements by electronic	1276
means of transmission and regarding associated technologies for	1277
candidates, campaign committees, political action committees,	1278
legislative campaign funds, political parties, political	1279
contributing entities, or individuals, partnerships, or other	1280
entities required or permitted to file statements by electronic	1281
means of transmission under this section or section 3517.105 or	1282
3517.106 of the Revised Code. If, in the opinion of the secretary	1283
of state, training in these areas is necessary, the secretary of	1284
state shall arrange for the provision of voluntary training	1285
programs for candidates, campaign committees, political action	1286
committees, legislative campaign funds, political parties,	1287
political contributing entities, and individuals, partnerships,	1288
and other entities.	1289

(7) Each monthly statement and each two-business-day	1290
statement required by division (A) of this section shall contain	1291
the information required by divisions (B)(1) to (4), (C)(2), and,	1292
if appropriate, (C)(3) of this section. Each statement shall be	1293
signed as required by division (C)(1) of this section.	1294

(D)(1) Prior to receiving a contribution or making an	1295
expenditure, every campaign committee, political action committee,	1296
legislative campaign fund, political party, or political	1297
contributing entity shall appoint a treasurer and shall file, on a	1298
form prescribed by the secretary of state, a designation of that	1299
appointment, including the full name and address of the treasurer	1300
and of the campaign committee, political action committee,	1301
legislative campaign fund, political party, or political	1302
contributing entity. That designation shall be filed with the	1303
official with whom the campaign committee, political action	1304
committee, legislative campaign fund, political party, or	1305
political contributing entity is required to file statements under	1306
section 3517.11 of the Revised Code. The name of a campaign	1307
committee shall include at least the last name of the campaign	1308
committee's candidate. The secretary of state shall assign a	1309
registration number to each political action committee that files	1310
a designation of the appointment of a treasurer under division	1311
(D)(1) of this section if the political action committee is	1312
required by division (A)(1) of section 3517.11 of the Revised Code	1313
to file the statements prescribed by this section with the	1314
secretary of state.	1315

(2) The treasurer appointed under division (D)(1) of this	1316
section shall keep a strict account of all contributions, from	1317
whom received and the purpose for which they were disbursed.	1318

(3)(a) Except as otherwise provided in section 3517.108 of	1319
the Revised Code, a campaign committee shall deposit all monetary	1320
contributions received by the committee into an account separate	1321
from a personal or business account of the candidate or campaign	1322
committee.	1323

(b) A political action committee shall deposit all monetary	1324
contributions received by the committee into an account separate	1325
from all other funds.	1326

(c) A state or county political party may establish a state	1327
candidate fund that is separate from an account that contains the	1328
public moneys received from the Ohio political party fund under	1329
section 3517.17 of the Revised Code and from all other funds. A	1330
state or county political party may deposit into its state	1331
candidate fund any amounts of monetary contributions that are made	1332
to or accepted by the political party subject to the applicable	1333
limitations, if any, prescribed in section 3517.102 of the Revised	1334
Code. A state or county political party shall deposit all other	1335
monetary contributions received by the party into one or more	1336
accounts that are separate from its state candidate fund and from	1337
its account that contains the public moneys received from the Ohio	1338
political party fund under section 3517.17 of the Revised Code.	1339

(d) Each state political party shall have only one	1340
legislative campaign fund for each house of the general assembly.	1341
Each such fund shall be separate from any other funds or accounts	1342
of that state party. A legislative campaign fund is authorized to	1343
receive contributions and make expenditures for the primary	1344
purpose of furthering the election of candidates who are members	1345
of that political party to the house of the general assembly with	1346
which that legislative campaign fund is associated. Each	1347
legislative campaign fund shall be administered and controlled in	1348
a manner designated by the caucus. As used in division (D)(3)(d)	1349
of this section, "caucus" has the same meaning as in section	1350
3517.01 of the Revised Code and includes, as an ex officio member,	1351
the chairperson of the state political party with which the caucus	1352
is associated or that chairperson's designee.	1353

(4) Every expenditure in excess of twenty-five dollars shall	1354
be vouched for by a receipted bill, stating the purpose of the	1355
expenditures, that shall be filed with the statement of	1356
expenditures. A canceled check with a notation of the purpose of	1357
the expenditure is a receipted bill for purposes of division	1358
(D)(4) of this section.	1359

(5) The secretary of state or the board of elections, as the	1360
case may be, shall issue a receipt for each statement filed under	1361
this section and shall preserve a copy of the receipt for a period	1362
of at least six years. All statements filed under this section	1363
shall be open to public inspection in the office where they are	1364
filed and shall be carefully preserved for a period of at least	1365
six years after the year in which they are filed.	1366

(6) The secretary of state, by rule adopted pursuant to	1367
section 3517.23 of the Revised Code, shall prescribe the manner of	1368
immediately acknowledging, with date and time received, and	1369
preserving the receipt of statements that are transmitted by	1370
electronic means of transmission to the secretary of state	1371
pursuant to this section or section 3517.106 of the Revised Code	1372
and the manner of preserving the contribution and expenditure	1373
information in those statements. The secretary of state shall	1374
preserve the contribution and expenditure information in those	1375
statements for at least ten years after the year in which they are	1376
filed by electronic means of transmission.	1377

(7) The secretary of state, pursuant to division (I) of	1378
section 3517.106 of the Revised Code, shall make available online	1379
to the public through the internet the contribution and	1380
expenditure information in all statements, all addenda,	1381
amendments, or other corrections to statements, and all amended	1382
statements filed with the secretary of state by electronic or	1383
other means of transmission under this section, division (B)(2)(b)	1384
or (C)(2)(b) of section 3517.105, or section 3517.106 or 3517.11	1385
of the Revised Code. The secretary of state may remove the	1386
information from the internet after a reasonable period of time.	1387

(E)(1) Any person, political party, campaign committee,	1388
legislative campaign fund, political action committee, or	1389
political contributing entity that makes a contribution in	1390
connection with the nomination or election of any candidate or in	1391
connection with any ballot issue or question at any election held	1392
or to be held in this state shall provide its full name and	1393
address to the recipient of the contribution at the time the	1394
contribution is made. The political action committee also shall	1395
provide the registration number assigned to the committee under	1396
division (D)(1) of this section to the recipient of the	1397
contribution at the time the contribution is made.	1398

(2) Any individual who makes a contribution that exceeds one	1399
hundred dollars to a campaign committee of a statewide candidate	1400
or candidate for the office of member of the general assembly	1401
shall provide the name of the individual's current employer, if	1402
any, or, if the individual is self-employed, the individual's	1403
occupation to the recipient of the contribution at the time the	1404
contribution is made. Sections 3599.39 and 3599.40 of the Revised	1405
Code do not apply to division (E)(2) of this section.	1406

(3) If a campaign committee shows that it has exercised its	1407
best efforts to obtain, maintain, and submit the information	1408
required under divisions (B)(4)(b)(ii) and (iii) of this section,	1409
that committee is considered to have met the requirements of those	1410
divisions. A campaign committee shall not be considered to have	1411
exercised its best efforts unless, in connection with written	1412
solicitations, it regularly includes a written request for the	1413
information required under division (B)(4)(b)(ii) of this section	1414
from the contributor or the information required under division	1415
(B)(4)(b)(iii) of this section from whoever transmits the	1416
contribution.	1417

(4) Any check that a political action committee uses to make	1418
a contribution or an expenditure shall contain the full name and	1419
address of the committee and the registration number assigned to	1420
the committee under division (D)(1) of this section.	1421

(F) As used in this section:

1422

(1) "Address" means all of the following if they exist:	1423
apartment number, street, road, or highway name and number, rural	1424
delivery route number, city or village, state, and zip code as	1425
used in a person's post-office address, but not post-office box.	1426
If an address is required in this section, a post-office box and	1427
office, room, or suite number may be included in addition to but	1428
not in lieu of an apartment, street, road, or highway name and	1429
number. If an address is required in this section, a campaign	1430
committee, political action committee, legislative campaign fund,	1431
political party, or political contributing entity may use the	1432
business or residence address of its treasurer or deputy	1433
treasurer. The post-office box number of the campaign committee,	1434
political action committee, legislative campaign fund, political	1435
party, or political contributing entity may be used in addition to	1436
that address.	1437

(2) "Statewide candidate" means the joint candidates for the	1438
offices of governor and lieutenant governor or a candidate for the	1439
office of secretary of state, auditor of state, treasurer of	1440
state, attorney general, member of the state board of education,	1441
chief justice of the supreme court, or justice of the supreme	1442
court.	1443

(3) "Internet" has the same meaning as in section 3517.106 of	1444
the Revised Code.	1445

(G) An independent expenditure shall be reported whenever and	1446
in the same manner that an expenditure is required to be reported	1447
under this section and shall be reported pursuant to division	1448
(B)(2)(a) or (C)(2)(a) of section 3517.105 of the Revised Code.	1449

(H)(1) Except as otherwise provided in division (H)(2) of	1450
this section, if, during the combined preelection and postelection	1451
reporting periods for an election, a campaign committee has	1452
received contributions of five hundred dollars or less and has	1453
made expenditures in the total amount of five hundred dollars or	1454
less, it may file a statement to that effect, under penalty of	1455
election falsification, in lieu of the statement required by	1456
division (A)(2) of this section. The statement shall indicate the	1457
total amount of contributions received and the total amount of	1458
expenditures made during those combined reporting periods.	1459

(2) In the case of a successful candidate at a primary	1460
election, if either the total contributions received by or the	1461
total expenditures made by the candidate's campaign committee	1462
during the preprimary, postprimary, pregeneral, and postgeneral	1463
election periods combined equal more than five hundred dollars,	1464
the campaign committee may file the statement under division	1465
(H)(1) of this section only for the primary election. The first	1466
statement that the campaign committee files in regard to the	1467
general election shall reflect all contributions received and all	1468
expenditures made during the preprimary and postprimary election	1469
periods.	1470

(3) Divisions (H)(1) and (2) of this section do not apply if	1471
a campaign committee receives contributions or makes expenditures	1472
prior to the first day of January of the year of the election at	1473
which the candidate seeks nomination or election to office or if	1474
the campaign committee does not file a termination statement with	1475
its postprimary election statement in the case of an unsuccessful	1476
primary election candidate or with its postgeneral election	1477
statement in the case of other candidates.	1478

(I) In the case of a contribution made by a partnership or	1479
unincorporated business, all of the following apply:	1480

(1) The recipient of the contribution shall report the	1481
contribution by listing both the partnership or unincorporated	1482
business and the name of the partner or owner making the	1483
contribution.	1484

(2) For purposes of section 3517.102 of the Revised Code, the	1485
contribution shall be considered to have been made by the partner	1486
or owner reported under division (I)(1) of this section.	1487

(3) No contribution from a partnership or unincorporated	1488
business shall be accepted unless the recipient reports the	1489
contribution under division (I)(1) of this section.	1490

(J) A candidate shall have only one campaign committee at any	1491
given time for all of the offices for which the person is a	1492
candidate or holds office.	1493

(K)(1) In addition to filing a designation of appointment of	1494
a treasurer under division (D)(1) of this section, the campaign	1495
committee of any candidate for an elected municipal office that	1496
pays an annual amount of compensation of five thousand dollars or	1497
less, the campaign committee of any candidate for member of a	1498
board of education except member of the state board of education,	1499
or the campaign committee of any candidate for township trustee or	1500
township clerk may sign, under penalty of election falsification,	1501
a certificate attesting that the committee will not accept	1502
contributions during an election period that exceed in the	1503
aggregate two thousand dollars from all contributors and one	1504
hundred dollars from any one individual, and that the campaign	1505
committee will not make expenditures during an election period	1506
that exceed in the aggregate two thousand dollars.	1507

The certificate shall be on a form prescribed by the	1508
secretary of state and shall be filed not later than ten days	1509
after the candidate files a declaration of candidacy and petition,	1510
a nominating petition, or a declaration of intent to be a write-in	1511
candidate.	1512

(2) Except as otherwise provided in division (K)(3) of this	1513
section, a campaign committee that files a certificate under	1514
division (K)(1) of this section is not required to file the	1515
statements required by division (A) of this section 3517.10 of the	1516
Revised Code.	1517

(3) If, after filing a certificate under division (K)(1) of	1518
this section, a campaign committee exceeds any of the limitations	1519
described in that division during an election period, the	1520
certificate is void and thereafter the campaign committee shall	1521
file the statements required by division (A) of this section	1522
3517.10 of the Revised Code. If the campaign committee has not	1523
previously filed a statement, then on the first statement the	1524
campaign committee is required to file under division (A) of this	1525
section 3517.10 of the Revised Code after the committee's	1526
certificate is void, the committee shall report all contributions	1527
received and expenditures made from the time the candidate filed	1528
the candidate's declaration of candidacy and petition, nominating	1529
petition, or declaration of intent to be a write-in candidate.	1530

(4) As used in division (K) of this section, "election	1531
period" means the period of time beginning on the day a person	1532
files a declaration of candidacy and petition, nominating	1533
petition, or declaration of intent to be a write-in candidate	1534
through the day of the election at which the person seeks	1535
nomination to office if the person is not elected to office, or,	1536
if the candidate was nominated in a primary election, the day of	1537
the election at which the candidate seeks office.	1538

(L) Notwithstanding division (B)(4) of this section, a	1539
political contributing entity that receives contributions from the	1540
dues, membership fees, or other assessments of its members or from	1541
its officers, shareholders, and employees may report the aggregate	1542
amount of contributions received from those contributors and the	1543
number of individuals making those contributions, for each filing	1544
period identified under divisions (A)(1), (2), and (3) of this	1545
section. Division (B)(4) of this section applies to a political	1546
contributing entity with regard to contributions it receives from	1547
all other contributors.	1548

Sec. 3517.106.  (A) As used in this section:

1549

(1) "Internet" means the international computer network of	1550
both federal and nonfederal interoperable packet switched data	1551
networks, including the graphical subnetwork called the world wide	1552
web.	1553

(2) "Statewide office" means any of the offices of governor,	1554
lieutenant governor, secretary of state, auditor of state,	1555
treasurer of state, attorney general, chief justice of the supreme	1556
court, and justice of the supreme court.	1557

(3)(2) "Addendum to a statement" includes an amendment or	1558
other correction to that statement.	1559

(B) The secretary of state shall store on computer the	1560
information contained in statements of contributions and	1561
expenditures and monthly statements required to be filed under	1562
section 3517.10 of the Revised Code and in statements of	1563
independent expenditures required to be filed under section	1564
3517.105 of the Revised Code by any of the following:	1565

(1) The campaign committees of candidates for statewide	1566
office;	1567

(2) The political action committees and political	1568
contributing entities described in division (A)(1) of section	1569
3517.11 of the Revised Code;	1570

(3) Legislative campaign funds;

1571

(4) State political parties;

1572

(5) Individuals, partnerships, corporations, labor	1573
organizations, or other entities that make independent	1574
expenditures in support of or opposition to a statewide candidate	1575
or a statewide ballot issue or question;	1576

(6) The campaign committees of candidates for the office of	1577
member of the general assembly.	1578

(C)(1) The secretary of state shall make available to the	1579
campaign committees, political action committees, political	1580
contributing entities, legislative campaign funds, political	1581
parties, individuals, partnerships, corporations, labor	1582
organizations, and other entities described in division (B) of	1583
this section, and to members of the news media and other	1584
interested persons, for a reasonable fee, computer programs that	1585
are compatible with the secretary of state's method of storing the	1586
information contained in the statements.	1587

(2) The secretary of state shall make the information	1588
required to be stored under division (B) of this section available	1589
on computer at the secretary of state's office so that, to the	1590
maximum extent feasible, individuals may obtain at the secretary	1591
of state's office any part or all of that information for any	1592
given year, subject to the limitation expressed in division (D) of	1593
this section.	1594

(D) The secretary of state shall keep the information stored	1595
on computer under division (B) of this section for at least six	1596
years.	1597

(E)(1) Subject to the secretary of state having implemented,	1598
tested, and verified the successful operation of any system the	1599
secretary of state prescribes pursuant to division (H)(1) of this	1600
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of	1601
the Revised Code for the filing of campaign finance statements by	1602
electronic means of transmission, the campaign committee of each	1603
candidate for statewide office may file the statements prescribed	1604
by section 3517.10 of the Revised Code by electronic means of	1605
transmission or, if the total amount of the contributions received	1606
or the total amount of the expenditures made by the campaign	1607
committee for the applicable reporting period as specified in	1608
division (A) of section 3517.10 of the Revised Code exceeds ten	1609
thousand dollars, shall file those statements by electronic means	1610
of transmission.	1611

Except as otherwise provided in this division, within five	1612
business days after a statement filed by a campaign committee of a	1613
candidate for statewide office is received by the secretary of	1614
state by electronic or other means of transmission, the secretary	1615
of state shall make available online to the public through the	1616
internet, as provided in division (I) of this section, the	1617
contribution and expenditure information in that statement. The	1618
secretary of state shall not make available online to the public	1619
through the internet any contribution or expenditure information	1620
contained in a statement for any candidate until the secretary of	1621
state is able to make available online to the public through the	1622
internet the contribution and expenditure information for all	1623
candidates for a particular office. As soon as the secretary of	1624
state has available all of that information, the secretary of	1625
state shall simultaneously make available online to the public	1626
through the internet the information for all candidates for a	1627
particular office.	1628

If a statement filed by electronic means of transmission is	1629
found to be incomplete or inaccurate after the examination of the	1630
statement for completeness and accuracy pursuant to division	1631
(B)(3)(a) of section 3517.11 of the Revised Code, the campaign	1632
committee shall file by electronic means of transmission any	1633
addendum to the statement that provides the information necessary	1634
to complete or correct the statement or, if required by the	1635
secretary of state under that division, an amended statement.	1636

Within five business days after the secretary of state	1637
receives from a campaign committee of a candidate for statewide	1638
office an addendum to the statement or an amended statement by	1639
electronic or other means of transmission under this division or	1640
division (B)(3)(a) of section 3517.11 of the Revised Code, the	1641
secretary of state shall make the contribution and expenditure	1642
information in the addendum or amended statement available online	1643
to the public through the internet as provided in division (I) of	1644
this section.	1645

(2) Subject to division (E)(3) of this section and subject to	1646
the secretary of state having implemented, tested, and verified	1647
the successful operation of any system the secretary of state	1648
prescribes pursuant to division (H)(1) of this section and	1649
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised	1650
Code for the filing of campaign finance statements by electronic	1651
means of transmission, a political action committee and a	1652
political contributing entity described in division (B)(2) of this	1653
section, a legislative campaign fund, and a state political party	1654
may file the statements prescribed by section 3517.10 of the	1655
Revised Code by electronic means of transmission.	1656

Within five business days after a statement filed by a	1657
political action committee or a political contributing entity	1658
described in division (B)(2) of this section, a legislative	1659
campaign fund, or a state political party is received by the	1660
secretary of state by electronic or other means of transmission,	1661
the secretary of state shall make available online to the public	1662
through the internet, as provided in division (I) of this section,	1663
the contribution and expenditure information in that statement.	1664

If a statement filed by electronic means of transmission is	1665
found to be incomplete or inaccurate after the examination of the	1666
statement for completeness and accuracy pursuant to division	1667
(B)(3)(a) of section 3517.11 of the Revised Code, the political	1668
action committee, political contributing entity, legislative	1669
campaign fund, or state political party shall file by electronic	1670
means of transmission any addendum to the statement that provides	1671
the information necessary to complete or correct the statement or,	1672
if required by the secretary of state under that division, an	1673
amended statement.	1674

Within five business days after the secretary of state	1675
receives from a political action committee or a political	1676
contributing entity described in division (B)(2) of this section,	1677
a legislative campaign fund, or a state political party an	1678
addendum to the statement or an amended statement by electronic or	1679
other means of transmission under this division or division	1680
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of	1681
state shall make the contribution and expenditure information in	1682
the addendum or amended statement available online to the public	1683
through the internet as provided in division (I) of this section.	1684

(3) Subject to the secretary of state having implemented,	1685
tested, and verified the successful operation of any system the	1686
secretary of state prescribes pursuant to division (H)(1) of this	1687
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of	1688
the Revised Code for the filing of campaign finance statements by	1689
electronic means of transmission, a political action committee and	1690
a political contributing entity described in division (B)(2) of	1691
this section, a legislative campaign fund, and a state political	1692
party shall file the statements prescribed by section 3517.10 of	1693
the Revised Code by electronic means of transmission if the total	1694
amount of the contributions received or the total amount of the	1695
expenditures made by the political action committee, political	1696
contributing entity, legislative campaign fund, or political party	1697
for the applicable reporting period as specified in division (A)	1698
of section 3517.10 of the Revised Code exceeds ten thousand	1699
dollars.	1700

Within five business days after a statement filed by a	1701
political action committee or a political contributing entity	1702
described in division (B)(2) of this section, a legislative	1703
campaign fund, or a state political party is received by the	1704
secretary of state by electronic or other means of transmission,	1705
the secretary of state shall make available online to the public	1706
through the internet, as provided in division (I) of this section,	1707
the contribution and expenditure information in that statement.	1708

If a statement filed by electronic means of transmission is	1709
found to be incomplete or inaccurate after the examination of the	1710
statement for completeness and accuracy pursuant to division	1711
(B)(3)(a) of section 3517.11 of the Revised Code, the political	1712
action committee, political contributing entity, legislative	1713
campaign fund, or state political party shall file by electronic	1714
means of transmission any addendum to the statement that provides	1715
the information necessary to complete or correct the statement or,	1716
if required by the secretary of state under that division, an	1717
amended statement.	1718

Within five business days after the secretary of state	1719
receives from a political action committee or a political	1720
contributing entity described in division (B)(2) of this section,	1721
a legislative campaign fund, or a state political party an	1722
addendum to the statement or an amended statement by electronic or	1723
other means of transmission under this division or division	1724
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of	1725
state shall make the contribution and expenditure information in	1726
the addendum or amended statement available online to the public	1727
through the internet as provided in division (I) of this section.	1728

(F)(1) Subject to division (F)(4) of this section and subject	1729
to the secretary of state having implemented, tested, and verified	1730
the successful operation of any system the secretary of state	1731
prescribes pursuant to division (H)(1) of this section and	1732
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised	1733
Code for the filing of campaign finance statements by electronic	1734
means of transmission or on computer disk, a campaign committee of	1735
a candidate for the office of member of the general assembly may	1736
file the statements prescribed by section 3517.10 of the Revised	1737
Code by electronic means of transmission to the office of the	1738
secretary of state or, until March 1, 2004, on computer disk with	1739
the appropriate board of elections specified in division (A)(2) of	1740
section 3517.11 of the Revised Code.	1741

Except as otherwise provided in this division, within five	1742
business days after a statement filed by a campaign committee of a	1743
candidate for the office of member of the general assembly is	1744
received by the secretary of state by electronic or other means of	1745
transmission, the secretary of state shall make available online	1746
to the public through the internet, as provided in division (I) of	1747
this section, the contribution and expenditure information in that	1748
statement. The secretary of state shall not make available online	1749
to the public through the internet any contribution or expenditure	1750
information contained in a statement for any candidate until the	1751
secretary of state is able to make available online to the public	1752
through the internet the contribution and expenditure information	1753
for all candidates for a particular office. As soon as the	1754
secretary of state has available all of that information, the	1755
secretary of state shall simultaneously make available online to	1756
the public through the internet the information for all candidates	1757
for a particular office.	1758

If a statement filed by electronic means of transmission or	1759
on computer disk is found to be incomplete or inaccurate after the	1760
examination of the statement for completeness and accuracy	1761
pursuant to division (B)(3)(a) of section 3517.11 of the Revised	1762
Code, the campaign committee shall file by electronic means of	1763
transmission to the office of the secretary of state, or, until	1764
March 1, 2004, on computer disk with the appropriate board of	1765
elections if the original statement was filed on computer disk,	1766
any addendum to the statement that provides the information	1767
necessary to complete or correct the statement or, if required by	1768
the secretary of state under that division, an amended statement.	1769

Within five business days after the secretary of state	1770
receives from a campaign committee of a candidate for the office	1771
of member of the general assembly an addendum to the statement or	1772
an amended statement by electronic or other means of transmission	1773
under this division or division (B)(3)(a) of section 3517.11 of	1774
the Revised Code, the secretary of state shall make the	1775
contribution and expenditure information in the addendum or	1776
amended statement available online to the public through the	1777
internet as provided in division (I) of this section.	1778

(2) Until March 1, 2004, if a campaign committee of a	1779
candidate for the office of member of the general assembly files a	1780
statement of contributions and expenditures, an addendum to the	1781
statement, or an amended statement by electronic means of	1782
transmission or on computer disk pursuant to division (F)(1) of	1783
this section, the campaign committee shall file as prescribed by	1784
section 3517.10 of the Revised Code with the appropriate board of	1785
elections specified in division (A)(2) of section 3517.11 of the	1786
Revised Code a printed version of the statement, addendum, or	1787
amended statement filed by electronic means of transmission or on	1788
computer disk, in the format that the secretary of state shall	1789
prescribe. If a statement, addendum, or amended statement is not	1790
filed by electronic means of transmission or on computer disk but	1791
is filed by printed version only, the campaign committee shall	1792
file two copies of the printed version of the statement, addendum,	1793
or amended statement with the appropriate board of elections. The	1794
board of elections shall send one of those copies by overnight	1795
delivery service to the secretary of state before the close of	1796
business on the day the board of elections receives the statement,	1797
addendum, or amended statement.	1798

(3)(a) Subject to division (F)(4) of this section and subject	1799
to the secretary of state having implemented, tested, and verified	1800
the successful operation of any system the secretary of state	1801
prescribes pursuant to division (H)(1) of this section and	1802
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised	1803
Code for the filing of campaign finance statements by electronic	1804
means of transmission or on computer disk, the secretary of state	1805
shall assess, and a campaign committee of a candidate for the	1806
office of member of the general assembly shall pay, a fee as	1807
provided in this division if the campaign committee has not filed	1808
the campaign finance statements prescribed by section 3517.10 of	1809
the Revised Code by electronic means of transmission or on	1810
computer disk pursuant to division (F)(1) of this section. The fee	1811
shall be calculated on the total contributions received for the	1812
applicable reporting period specified in division (A) of section	1813
3517.10 of the Revised Code as follows:	1814

(i) No fee for total contributions up to and including ten	1815
thousand dollars;	1816

(ii) A fee of fifty dollars for total contributions of over	1817
ten thousand dollars up to and including twenty-five thousand	1818
dollars;	1819

(iii) A fee of one hundred fifty dollars for total	1820
contributions over twenty-five thousand dollars up to and	1821
including fifty thousand dollars;	1822

(iv) A fee of two hundred dollars for total contributions	1823
over fifty thousand dollars.	1824

(b) No campaign committee of a candidate for the office of	1825
member of the general assembly shall be required to pay the fee	1826
prescribed by division (F)(3)(a) of this section in connection	1827
with the filing of an addendum to a statement of contributions and	1828
expenditures or in connection with the filing of an amended	1829
statement.	1830

(c) The fee prescribed by division (F)(3)(a) of this section	1831
shall be made payable to the secretary of state and shall be	1832
collected by the appropriate board of elections at the time the	1833
campaign committee of a candidate for the office of member of the	1834
general assembly files the statement of contributions and	1835
expenditures. The fee shall be sent along with the statement,	1836
before the close of business on the day it is received, to the	1837
secretary of state by overnight delivery service.	1838

(4) Subject to the secretary of state having implemented,	1839
tested, and verified the successful operation of any system the	1840
secretary of state prescribes pursuant to division (H)(1) of this	1841
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of	1842
the Revised Code for the filing of campaign finance statements by	1843
electronic means of transmission, on and after March 1, 2004, a	1844
campaign committee of a candidate for the office of member of the	1845
general assembly shall file the statements prescribed by section	1846
3517.10 of the Revised Code by electronic means of transmission to	1847
the secretary of state if the total amount of the contributions	1848
received by the campaign committee for the applicable reporting	1849
period as specified in division (A) of section 3517.10 of the	1850
Revised Code exceeds ten thousand dollars.	1851

Except as otherwise provided in this division, within five	1852
business days after a statement filed by a campaign committee of a	1853
candidate for the office of member of the general assembly is	1854
received by the secretary of state by electronic or other means of	1855
transmission, the secretary of state shall make available online	1856
to the public through the internet, as provided in division (I) of	1857
this section, the contribution and expenditure information in that	1858
statement. The secretary of state shall not make available online	1859
to the public through the internet any contribution or expenditure	1860
information contained in a statement for any candidate until the	1861
secretary of state is able to make available online to the public	1862
through the internet the contribution and expenditure information	1863
for all candidates for a particular office. As soon as the	1864
secretary of state has available all of that information, the	1865
secretary of state shall simultaneously make available online to	1866
the public through the internet the information for all candidates	1867
for a particular office.	1868

If a statement filed by electronic means of transmission is	1869
found to be incomplete or inaccurate after the examination of the	1870
statement for completeness and accuracy pursuant to division	1871
(B)(3)(a) of section 3517.11 of the Revised Code, the campaign	1872
committee of a candidate for the office of member of the general	1873
assembly shall file by electronic means of transmission any	1874
addendum to the statement that provides the information necessary	1875
to complete or correct the statement or, if required by the	1876
secretary of state under that division, an amended statement.	1877

Within five business days after the secretary of state	1878
receives from a campaign committee of a candidate for the office	1879
of member of the general assembly an addendum to the statement or	1880
an amended statement by electronic or other means of transmission	1881
under this division or division (B)(3)(a) of section 3517.11 of	1882
the Revised Code, the secretary of state shall make the	1883
contribution and expenditure information in the addendum or	1884
amended statement available online to the public through the	1885
internet as provided in division (I) of this section.	1886

(G)(1) Subject to division (G)(2) of this section and subject	1887
to the secretary of state having implemented, tested, and verified	1888
the successful operation of any system the secretary of state	1889
prescribes pursuant to division (H)(1) of this section and	1890
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised	1891
Code for the filing of campaign finance statements by electronic	1892
means of transmission, any individual, partnership, or other	1893
entity that makes independent expenditures in support of or	1894
opposition to a statewide candidate or a statewide ballot issue or	1895
question as provided in division (B)(2)(b) or (C)(2)(b) of section	1896
3517.105 of the Revised Code may file the statement specified in	1897
that division by electronic means of transmission.	1898

Within five business days after a statement filed by an	1899
individual, partnership, or other entity is received by the	1900
secretary of state by electronic or other means of transmission,	1901
the secretary of state shall make available online to the public	1902
through the internet, as provided in division (I) of this section,	1903
the expenditure information in that statement.	1904

If a statement filed by electronic means of transmission is	1905
found to be incomplete or inaccurate after the examination of the	1906
statement for completeness and accuracy pursuant to division	1907
(B)(3)(a) of section 3517.11 of the Revised Code, the individual,	1908
partnership, or other entity shall file by electronic means of	1909
transmission any addendum to the statement that provides the	1910
information necessary to complete or correct the statement or, if	1911
required by the secretary of state under that division, an amended	1912
statement.	1913

Within five business days after the secretary of state	1914
receives from an individual, partnership, or other entity	1915
described in division (B)(2)(b) or (C)(2)(b) of section 3517.105	1916
of the Revised Code an addendum to the statement or an amended	1917
statement by electronic or other means of transmission under this	1918
division or division (B)(3)(a) of section 3517.11 of the Revised	1919
Code, the secretary of state shall make the expenditure	1920
information in the addendum or amended statement available online	1921
to the public through the internet as provided in division (I) of	1922
this section.	1923

(2) Subject to the secretary of state having implemented,	1924
tested, and verified the successful operation of any system the	1925
secretary of state prescribes pursuant to division (H)(1) of this	1926
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of	1927
the Revised Code for the filing of campaign finance statements by	1928
electronic means of transmission, any individual, partnership, or	1929
other entity that makes independent expenditures in support of or	1930
opposition to a statewide candidate or a statewide ballot issue or	1931
question as provided in division (B)(2)(b) or (C)(2)(b) of section	1932
3517.105 of the Revised Code shall file the statement specified in	1933
that division by electronic means of transmission if the total	1934
amount of the independent expenditures made during the reporting	1935
period under that division exceeds ten thousand dollars.	1936

Within five business days after a statement filed by an	1937
individual, partnership, or other entity is received by the	1938
secretary of state by electronic or other means of transmission,	1939
the secretary of state shall make available online to the public	1940
through the internet, as provided in division (I) of this section,	1941
the expenditure information in that statement.	1942

If a statement filed by electronic means of transmission is	1943
found to be incomplete or inaccurate after the examination of the	1944
statement for completeness and accuracy pursuant to division	1945
(B)(3)(a) of section 3517.11 of the Revised Code, the individual,	1946
partnership, or other entity shall file by electronic means of	1947
transmission any addendum to the statement that provides the	1948
information necessary to complete or correct the statement or, if	1949
required by the secretary of state under that division, an amended	1950
statement.	1951

Within five business days after the secretary of state	1952
receives from an individual, partnership, or other entity	1953
described in division (B)(2)(b) or (C)(2)(b) of section 3517.105	1954
of the Revised Code an addendum to the statement or an amended	1955
statement by electronic or other means of transmission under this	1956
division or division (B)(3)(a) of section 3517.11 of the Revised	1957
Code, the secretary of state shall make the expenditure	1958
information in the addendum or amended statement available online	1959
to the public through the internet as provided in division (I) of	1960
this section.	1961

(H)(1) The secretary of state, by rule adopted pursuant to	1962
section 3517.23 of the Revised Code, shall prescribe one or more	1963
techniques by which a person who executes and transmits by	1964
electronic means a statement of contributions and expenditures, a	1965
statement of independent expenditures, an addendum to either	1966
statement, an amended statement of contributions and expenditures,	1967
or an amended statement of independent expenditures under this	1968
section or section 3517.10 or 3517.105 of the Revised Code shall	1969
electronically sign the statement, addendum, or amended statement.	1970
Any technique prescribed by the secretary of state pursuant to	1971
this division shall create an electronic signature that satisfies	1972
all of the following:	1973

(a) It is unique to the signer.

1974

(b) It objectively identifies the signer.

1975

(c) It involves the use of a signature device or other means	1976
or method that is under the sole control of the signer and that	1977
cannot be readily duplicated or compromised.	1978

(d) It is created and linked to the electronic record to	1979
which it relates in a manner that, if the record or signature is	1980
intentionally or unintentionally changed after signing, the	1981
electronic signature is invalidated.	1982

(2) An electronic signature prescribed by the secretary of	1983
state under division (H)(1) of this section shall be attached to	1984
or associated with the statement of contributions and	1985
expenditures, the statement of independent expenditures, the	1986
addendum to either statement, the amended statement of	1987
contributions and expenditures, or the amended statement of	1988
independent expenditures that is executed and transmitted by	1989
electronic means by the person to whom the electronic signature is	1990
attributed. The electronic signature that is attached to or	1991
associated with the statement, addendum, or amended statement	1992
under this division shall be binding on all persons and for all	1993
purposes under the campaign finance reporting law as if the	1994
signature had been handwritten in ink on a printed form of the	1995
statement, addendum, or amended statement.	1996

(I) The secretary of state shall make the contribution and	1997
expenditure information in all statements, all addenda to the	1998
statements, and all amended statements that are filed with the	1999
secretary of state by electronic or other means of transmission	2000
under this section or section 3517.10, 3517.105, or 3517.11 of the	2001
Revised Code available online to the public by any means that are	2002
searchable, viewable, and accessible through the internet.	2003

(J)(1) As used in this division, "library" means a library	2004
that is open to the public and that is one of the following:	2005

(a) A library that is maintained and regulated under section	2006
715.13 of the Revised Code;	2007

(b) A library that is created, maintained, and regulated	2008
under Chapter 3375. of the Revised Code.	2009

(2) The secretary of state shall notify all libraries of the	2010
location on the internet at which the contribution and expenditure	2011
information in campaign finance statements required to be made	2012
available online to the public through the internet pursuant to	2013
division (I) of this section may be accessed.	2014

If that location is part of the graphical subnetwork called	2015
the world wide web and if the secretary of state has notified a	2016
library of that world wide web location as required by this	2017
division, the library shall include a link to that world wide web	2018
location on each internet-connected computer it maintains that is	2019
accessible to the public.	2020

(3) If the system the secretary of state prescribes for the	2021
filing of campaign finance statements by electronic means of	2022
transmission pursuant to division (H)(1) of this section and	2023
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised	2024
Code includes filing those statements through the internet via an	2025
interactive location on the graphical subnetwork called the world	2026
wide web, the secretary of state shall notify all libraries of the	2027
world wide web location at which those statements may be filed.	2028

If those statements may be filed through the internet via an	2029
interactive location on the graphical subnetwork called the world	2030
wide web and if the secretary of state has notified a library of	2031
that world wide web location as required by this division, the	2032
library shall include a link to that world wide web location on	2033
each internet-connected computer it maintains that is accessible	2034
to the public.	2035

(K) It is an affirmative defense to a complaint or charge	2036
brought against any campaign committee, political action	2037
committee, legislative campaign fund, political party, political	2038
contributing entity, or individual, partnership, or other entity	2039
for the failure to file by electronic means of transmission a	2040
campaign finance statement as required by this section or section	2041
3517.10 or 3517.105 of the Revised Code that all of the following	2042
apply to the campaign committee, political action committee,	2043
legislative campaign fund, political party, political contributing	2044
entity, or individual, partnership, or other entity that failed to	2045
file the required statement:	2046

(1) The campaign committee, political action committee,	2047
legislative campaign fund, political party, political contributing	2048
entity, or individual, partnership, or other entity attempted to	2049
file by electronic means of transmission the required statement	2050
prior to the deadline set forth in the applicable section.	2051

(2) The campaign committee, political action committee,	2052
legislative campaign fund, political party, political contributing	2053
entity, or individual, partnership, or other entity was unable to	2054
file by electronic means of transmission due to an expected or	2055
unexpected shutdown of the whole or part of the electronic	2056
campaign finance statement-filing system, such as for maintenance	2057
or because of hardware, software, or network connection failure.	2058

(3) The campaign committee, political action committee,	2059
legislative campaign fund, political party, political contributing	2060
entity, or individual, partnership, or other entity filed by	2061
electronic means of transmission the required statement within a	2062
reasonable period of time after being unable to so file it under	2063
the circumstance described in division (K)(2) of this section.	2064

Sec. 3517.11.  (A)(1) Campaign committees of candidates for	2065
statewide offices or the state board of education, political	2066
action committees or political contributing entities that make	2067
contributions to campaign committees of candidates that are	2068
required to file the statements prescribed by section 3517.10 of	2069
the Revised Code with the secretary of state, political action	2070
committees or political contributing entities that make	2071
contributions to campaign committees of candidates for member of	2072
the general assembly, political action committees or political	2073
contributing entities that make contributions to state and	2074
national political parties and to legislative campaign funds,	2075
political action committees or political contributing entities	2076
that receive contributions or make expenditures in connection with	2077
a statewide ballot issue, political action committees or political	2078
contributing entities that make contributions to other political	2079
action committees or political contributing entities, political	2080
parties, and campaign committees, except as set forth in division	2081
(A)(3) of this section, legislative campaign funds, and state and	2082
national political parties shall file the statements prescribed by	2083
section 3517.10 of the Revised Code with the secretary of state.	2084

(2) Except as otherwise provided in division (F) of section	2085
3517.106 of the Revised Code, campaign committees of candidates	2086
for all other offices shall file the statements prescribed by	2087
section 3517.10 of the Revised Code with the board of elections	2088
where their candidates are required to file their petitions or	2089
other papers for nomination or election.	2090

A campaign committee of a candidate for office of member of	2091
the general assembly shall file two copies of the printed version	2092
of any statement, addendum, or amended statement if the committee	2093
does not file by electronic means of transmission or on computer	2094
disk pursuant to division (F)(1) of section 3517.106 of the	2095
Revised Code but files by printed version only with the	2096
appropriate board of elections. The board of elections shall send	2097
one of those copies by overnight delivery service to the secretary	2098
of state before the close of business on the day the board of	2099
elections receives the statement, addendum, or amended statement.	2100

(3) Political action committees or political contributing	2101
entities that only contribute to a county political party,	2102
contribute to campaign committees of candidates whose nomination	2103
or election is to be submitted only to electors within a county,	2104
subdivision, or district, excluding candidates for member of the	2105
general assembly, and receive contributions or make expenditures	2106
in connection with ballot questions or issues to be submitted only	2107
to electors within a county, subdivision, or district shall file	2108
the statements prescribed by section 3517.10 of the Revised Code	2109
with the board of elections in that county or in the county	2110
contained in whole or part within the subdivision or district	2111
having a population greater than that of any other county	2112
contained in whole or part within that subdivision or district, as	2113
the case may be.	2114

(4) County political parties shall file the statements	2115
prescribed by section 3517.10 of the Revised Code with the board	2116
of elections of their respective counties.	2117

(B)(1) The official with whom petitions and other papers for	2118
nomination or election to public office are filed shall furnish	2119
each candidate at the time of that filing a copy of sections	2120
3517.01, 3517.08 to 3517.11, 3517.13 to 3517.993, 3599.03, and	2121
3599.031 of the Revised Code and any other materials that the	2122
secretary of state may require. Each candidate receiving the	2123
materials shall acknowledge their receipt in writing.	2124

(2) On or before the tenth day before the dates on which	2125
statements are required to be filed by section 3517.10 of the	2126
Revised Code, every candidate subject to the provisions of this	2127
section and sections 3517.10 and 3517.106 of the Revised Code	2128
shall be notified of the requirements and applicable penalties of	2129
those sections. The secretary of state, by certified mail, return	2130
receipt requested, shall notify all candidates required to file	2131
those statements with the secretary of state's office. The board	2132
of elections of every county shall notify by first class mail any	2133
candidate who has personally appeared at the office of the board	2134
on or before the tenth day before the statements are required to	2135
be filed and signed a form, to be provided by the secretary of	2136
state, attesting that the candidate has been notified of the	2137
candidate's obligations under the campaign finance law. The board	2138
shall forward the completed form to the secretary of state. The	2139
board shall use certified mail, return receipt requested, to	2140
notify all other candidates required to file those statements with	2141
it.	2142

(3)(a) Any statement required to be filed under sections	2143
3517.081 to 3517.17 of the Revised Code that is found to be	2144
incomplete or inaccurate by the officer to whom it is submitted	2145
shall be accepted on a conditional basis, and the person who filed	2146
it shall be notified by certified mail as to the incomplete or	2147
inaccurate nature of the statement. The secretary of state may	2148
examine statements filed for candidates for the office of member	2149
of the general assembly for completeness and accuracy. The	2150
secretary of state shall examine for completeness and accuracy	2151
statements that campaign committees of candidates for the office	2152
of member of the general assembly file by electronic means of	2153
transmission pursuant to division (F) of section 3517.106 of the	2154
Revised Code. If an officer at the board of elections where a	2155
statement filed for a candidate for the office of member of the	2156
general assembly was submitted finds the statement to be	2157
incomplete or inaccurate, the officer shall immediately notify the	2158
secretary of state of its incomplete or inaccurate nature. If	2159
either an officer at the board of elections or the secretary of	2160
state finds a statement filed for a candidate for the office of	2161
member of the general assembly to be incomplete or inaccurate,	2162
only the secretary of state shall send the notification as to the	2163
incomplete or inaccurate nature of the statement.	2164

Within twenty-one days after receipt of the notice, in the	2165
case of a pre-election statement, a postelection statement, a	2166
monthly statement, or an annual statement prescribed by section	2167
3517.10, an annual statement prescribed by section 3517.101, or a	2168
statement prescribed by division (B)(2)(b) or (C)(2)(b) of section	2169
3517.105 or section 3517.107 of the Revised Code, the recipient	2170
shall file an addendum, amendment, or other correction to the	2171
statement providing the information necessary to complete or	2172
correct the statement. The secretary of state may require that, in	2173
lieu of filing an addendum, amendment, or other correction to a	2174
statement that is filed by electronic means of transmission to the	2175
office of the secretary of state or on computer disk with the	2176
appropriate board of elections pursuant to section 3517.106 of the	2177
Revised Code, the recipient of the notice described in this	2178
division file by electronic means of transmission, or, until March	2179
1, 2004, on computer disk with the appropriate board of elections	2180
if the original statement was filed on computer disk, an amended	2181
statement that incorporates the information necessary to complete	2182
or correct the statement. The secretary of state shall determine	2183
by rule when an addendum, amendment, or other correction to a	2184
two-business-day statement prescribed by section 3517.10 of the	2185
Revised Code or an amended two-business-day statement shall be	2186
filed. An addendum, amendment, or other correction to a statement	2187
that is filed by electronic means of transmission or on computer	2188
disk pursuant to section 3517.106 of the Revised Code shall be	2189
filed in the same manner as the statement. The provisions of	2190
sections 3517.10 and 3517.106 of the Revised Code pertaining to	2191
the filing of statements of contributions and expenditures and	2192
statements of independent expenditures by electronic means of	2193
transmission or on computer disk apply to the filing of addenda,	2194
amendments, or other corrections to those statements by electronic	2195
means of transmission or, until March 1, 2004, on computer disk	2196
and the filing of amended statements by electronic means of	2197
transmission or, until March 1, 2004, on computer disk.	2198

(b) Within five business days after the secretary of state	2199
receives, by electronic or other means of transmission, an	2200
addendum, amendment, or other correction to a statement or an	2201
amended statement under division (B)(3)(a) of this section, the	2202
secretary of state, pursuant to divisions (E), (F), (G), and (I)	2203
of section 3517.106 of the Revised Code, shall make the	2204
contribution and expenditure information in that addendum,	2205
amendment, correction, or amended statement available online to	2206
the public through the internet. As used in this division,	2207
"internet" has the same meaning as in section 3517.106 of the	2208
Revised Code.	2209

(4)(a) The secretary of state or the board of elections shall	2210
examine all statements for compliance with sections 3517.08 to	2211
3517.17 of the Revised Code.	2212

(b) The secretary of state may contract with an individual or	2213
entity not associated with the secretary of state and experienced	2214
in interpreting the campaign finance law of this state to conduct	2215
examinations of statements filed by any statewide candidate, as	2216
defined in section 3517.103 of the Revised Code.	2217

(c) The examination shall be conducted by a person or entity	2218
qualified to conduct it. The results of the examination shall be	2219
available to the public, and, when the examination is conducted by	2220
an individual or entity not associated with the secretary of	2221
state, the results of the examination shall be reported to the	2222
secretary of state.	2223

(C)(1) In the event of a failure to file or a late filing of	2224
a statement required to be filed under sections 3517.081 to	2225
3517.17 of the Revised Code or if a filed statement or any	2226
addendum to the statement, if an addendum is required to be filed,	2227
is incomplete or inaccurate or appears to disclose a failure to	2228
comply with or a violation of law, the official whose duty it is	2229
to examine the statement shall promptly file a complaint with the	2230
Ohio elections commission under section 3517.153 of the Revised	2231
Code if the law is one over which the commission has jurisdiction	2232
to hear complaints, or the official shall promptly report the	2233
failure or violation to the board of elections and the board shall	2234
promptly report it to the prosecuting attorney in accordance with	2235
division (J) of section 3501.11 of the Revised Code. If the	2236
official files a complaint with the commission, the commission	2237
shall proceed in accordance with sections 3517.154 to 3517.157 of	2238
the Revised Code.	2239

(2) For purposes of division (C)(1) of this section, a	2240
statement or an addendum to a statement required to be filed under	2241
sections 3517.081 to 3517.17 of the Revised Code is incomplete or	2242
inaccurate under this section if the statement or addendum fails	2243
to disclose substantially all contributions that are received from	2244
a source and that are required to be reported under sections	2245
3517.10, 3517.107, and 3517.108 of the Revised Code or if the	2246
statement or addendum fails to disclose at least ninety per cent	2247
of the total contributions received or of the total expenditures	2248
made during the reporting period.	2249

(D) No certificate of nomination or election shall be issued	2250
to a person, and no person elected to an office shall enter upon	2251
the performance of the duties of that office, until that person or	2252
that person's campaign committee, as appropriate, has fully	2253
complied with this section and sections 3517.08, 3517.081,	2254
3517.10, and 3517.13 of the Revised Code.	2255

Sec. 5145.31.  (A) As used in this section:

2256

(1) "Computer,", "computer," "computer network," "computer	2257
system," "computer services," "telecommunications service," and	2258
"information service" have the same meanings as in section 2913.01	2259
of the Revised Code.	2260

(2) "Internet" has the same meaning as in section 341.42 of	2261
the Revised Code.	2262

(B) No officer or employee of a correctional institution	2263
under the control or supervision of the department of	2264
rehabilitation and correction shall provide a prisoner access to	2265
or permit a prisoner to have access to the internet through the	2266
use of a computer, computer network, computer system, computer	2267
services, telecommunications service, or information service	2268
unless both of the following apply:	2269

(1) The prisoner is participating in an approved educational	2270
program with direct supervision that requires the use of the	2271
internet for training or research purposes.	2272

(2) The provision of and access to the internet is in	2273
accordance with rules promulgated by the department of	2274
rehabilitation and correction pursuant to section 5120.62 of the	2275
Revised Code.	2276

(C)(1) No prisoner in a correctional institution under the	2277
control or supervision of the department of rehabilitation and	2278
correction shall access the internet through the use of a	2279
computer, computer network, computer system, computer services,	2280
telecommunications service, or information service unless both of	2281
the following apply:	2282

(a) The prisoner is participating in an approved educational	2283
program with direct supervision that requires the use of the	2284
internet for training or research purposes.	2285

(b) The provision of and access to the internet is in	2286
accordance with rules promulgated by the department of	2287
rehabilitation and correction pursuant to section 5120.62 of the	2288
Revised Code.	2289

(2) Whoever violates division (C)(1) of this section is	2290
guilty of improper internet access, a misdemeanor of the first	2291
degree.	2292

Sec. 5703.49.  (A) As used in this section, "internet" means	2293
the international computer network of both federal and nonfederal	2294
interoperable packet switched data networks, including the	2295
graphical subnetwork known as the world wide web.	2296

(B) On or before December 31, 2001, the tax commissioner	2297
shall establish an electronic site accessible through the	2298
internet. The tax commissioner shall provide access on the site	2299
for each municipal corporation that has not established its own	2300
electronic site to post documents or information required under	2301
section 718.07 of the Revised Code. The tax commissioner shall	2302
provide electronic links for each municipal corporation that	2303
establishes a site under that section and for which a uniform	2304
resource locator has been provided to the tax commissioner. The	2305
tax commissioner is not responsible for the accuracy of the posted	2306
information, and is not liable for any inaccurate or outdated	2307
information provided by a municipal corporation. The tax	2308
commissioner may adopt rules governing the format and means of	2309
submitting such documents or information and other matters	2310
necessary to implement this section. The tax commissioner may	2311
charge municipal corporations a fee to defray the cost of	2312
establishing and maintaining the electronic site established under	2313
this section.	2314

(C)(B) The tax commissioner shall deposit any fees received	2315
under this section to the credit of the municipal internet site	2316
fund, which is hereby created in the state treasury. The	2317
commissioner shall use the fund for costs of establishing and	2318
maintaining the electronic site established under this section.	2319

Section 2. That existing sections 1.59, 9.08, 9.314, 101.691,	2320
125.072, 149.432, 307.12, 341.42, 505.10, 718.07, 721.15, 753.32,	2321
955.013, 1306.16, 2307.64, 3517.10, 3517.106, 3517.11, 5145.31,	2322
and 5703.49 of the Revised Code are hereby repealed.	2323