SENATORS Amstutz, Goodman, Stivers

To amend sections 1.59, 9.08, 9.314, 9.48, 101.691,

1

113.40, 125.04, 125.072, 149.38, 149.432, 307.12,

2

341.42, 505.10, 718.07, 721.15, 753.32, 955.013,

3

1306.16, 2307.64, 3517.10, 3517.106, 3517.11,

4

5145.31, and 5703.49 and to enact sections

5

117.111, 304.01, 304.02, 304.03, and 304.04 of the

6

Revised Code to provide for the use of electronic

7

records and signatures by county offices if

8

specified security procedures are adopted, to

9

require the Auditor of State to audit electronic

10

record security procedures adopted by county

11

offices, to create a single definition of the

12

"internet" to be used throughout the Revised Code,

13

to allow a county or township to participate in

14

contract offerings from the federal government, to

15

modify the law governing payment of state expenses

16

by a financial transaction device, to provide

17

notice to county historical societies and other

18

local entities that county records are being sent

19

to the Ohio Historical Society for potential

20

distribution, to create the Ohio Privacy/Public

21

Access Study Committee, and to amend Section 3.18

22

of Am. Sub. H.B. 95 of the 125th General Assembly,

23

as subsequently amended, and Section 4 of Am. Sub.

24

H.B. 168 of the 125th General Assembly to delay

25

until July 1, 2005, the effective date of certain

26

sales and use tax sourcing laws that were intended

27

to take effect January 1, 2005, and to authorize

28

vendors to commence destination-based sourcing

29

prior to that effective date.

30

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

Section 1. That sections 1.59, 9.08, 9.314, 9.48, 101.691,	31
113.40, 125.04, 125.072, 149.38, 149.432, 307.12, 341.42, 505.10,	32
718.07, 721.15, 753.32, 955.013, 1306.16, 2307.64, 3517.10,	33
3517.106, 3517.11, 5145.31, and 5703.49 be amended and section	34
117.111, 304.01, 304.02, 304.03, and 304.04 of the Revised Code be	35
enacted to read as follows:	36

Sec. 1.59.  As used in any statute, unless another definition	37
is provided in suchthat statute or a related statute:	38

(A) "Child" includes child by adoption.

39

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

40

(C) "Person" includes an individual, corporation, business	41
trust, estate, trust, partnership, and association.	42

(D) "Population" means that shown by the most recent regular	43
federal census.	44

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

45

(F) "Rule" includes regulation.

46

(G) "State," when applied to a part of the United States,	47
includes any state, district, commonwealth, territory, insular	48
possession thereof, and any area subject to the legislative	49
authority of the United States of America. "This state" or "the	50
state" means the state of Ohio.	51

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

52

(I) "Will" includes codicil.

53

(J) "Written" or "in writing" includes any representation of	54
words, letters, symbols, or figures; this provision does not	55
affect any law relating to signatures.	56

(K) "Internet" means the international computer network of	57
both federal and nonfederal interoperable packet switched data	58
networks, including the graphical subnetwork known as the world	59
wide web.	60

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

61

(1) "Computer," "computer network," "computer system,"	62
"computer services," "telecommunications service," and	63
"information service" have the same meanings as in section 2913.01	64
of the Revised Code.	65

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

66

(a) A person who enters into a contract under section 9.06 of	67
the Revised Code.	68

(b) A person who enters into a contract under section 9.07 of	69
the Revised Code to operate and manage a correctional facility in	70
this state for out-of-state prisoners.	71

(3) "Private correctional facility" means a correctional	72
facility that is operated by a contractor under a contract	73
pursuant to section 9.06 or 9.07 of the Revised Code.	74

(4) "Internet" has the same meaning as in section 341.42 of	75
the Revised Code.	76

(B) No officer or employee of a contractor who is operating	77
and managing a private correctional facility shall provide a	78
prisoner in the private correctional facility access to or permit	79
a prisoner in the private correctional facility to have access to	80
the internet through the use of a computer, computer network,	81
computer system, computer services, telecommunications service, or	82
information service unless both of the following apply:	83

(1) The prisoner is participating in an approved educational	84
program with direct supervision that requires the use of the	85
internet for training or research purposes.	86

(2) The provision of and access to the internet is in	87
accordance with rules promulgated by the department of	88
rehabilitation and correction pursuant to section 5120.62 of the	89
Revised Code.	90

(C)(1) No prisoner in a private correctional facility shall	91
access the internet through the use of a computer, computer	92
network, computer system, computer services, telecommunications	93
service, or information service unless both of the following	94
apply:	95

(a) The prisoner is participating in an approved educational	96
program with direct supervision that requires the use of the	97
internet for training or research purposes.	98

(b) The provision of and access to the internet is in	99
accordance with rules promulgated by the department of	100
rehabilitation and correction pursuant to section 5120.62 of the	101
Revised Code.	102

(2) Whoever violates division (C)(1) of this section is	103
guilty of improper internet access, a misdemeanor of the first	104
degree.	105

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

106

(1) "Contracting authority" has the same meaning as in	107
section 307.92 of the Revised Code.	108

(2) "Internet" means the international computer network of	109
both federal and nonfederal interoperable packet switched data	110
networks, including the graphical subnetwork called the world wide	111
web.	112

(3) "Political subdivision" means a municipal corporation,	113
township, county, school district, or other body corporate and	114
politic responsible for governmental activities only in geographic	115
areas smaller than that of the state and also includes a	116
contracting authority.	117

(4)(3) "Reverse auction" means a purchasing process in which	118
offerors submit proposals in competing to sell services or	119
supplies in an open environment via the internet.	120

(5)(4) "Services" means the furnishing of labor, time, or	121
effort by a person, not involving the delivery of a specific end	122
product other than a report which, if provided, is merely	123
incidental to the required performance. "Services" does not	124
include services furnished pursuant to employment agreements or	125
collective bargaining agreements.	126

(6)(5) "Supplies" means all property, including, but not	127
limited to, equipment, materials, other tangible assets, and	128
insurance, but excluding real property or interests in real	129
property.	130

(B) Whenever any political subdivision that is required by	131
law to purchase services or supplies by competitive sealed bidding	132
or competitive sealed proposals determines that the use of a	133
reverse auction is advantageous to the political subdivision, the	134
political subdivision, in accordance with this section and rules	135
the political subdivision shall adopt, may purchase services or	136
supplies by reverse auction.	137

(C) A political subdivision shall solicit proposals through a	138
request for proposals. The request for proposals shall state the	139
relative importance of price and other evaluation factors. The	140
political subdivision shall give notice of the request for	141
proposals in accordance with the rules it adopts.	142

(D) As provided in the request for proposals and in the rules	143
a political subdivision adopts, and to ensure full understanding	144
of and responsiveness to solicitation requirements, the political	145
subdivision may conduct discussions with responsible offerors who	146
submit proposals determined to be reasonably susceptible of being	147
selected for award. The political subdivision shall accord	148
offerors fair and equal treatment with respect to any opportunity	149
for discussion regarding any clarification, correction, or	150
revision of their proposals.	151

(E) A political subdivision may award a contract to the	152
offeror whose proposal the political subdivision determines to be	153
the most advantageous to the political subdivision, taking into	154
consideration factors such as price and the evaluation criteria	155
set forth in the request for proposals. The contract file shall	156
contain the basis on which the award is made.	157

(F) The rules that a political subdivision adopts under this	158
section may require the provision of a performance bond, or	159
another similar form of financial security, in the amount and in	160
the form specified in the rules.	161

Sec. 9.48. (A) A county or township may do eitherany of the	162
following:	163

(A)(1) Permit one or more other counties or townships to	164
participate in contracts into which it has entered for the	165
acquisition of equipment, materials, supplies, or services, and	166
may charge such participating counties or townships a reasonable	167
fee to cover any additional costs incurred as a result of their	168
participation;	169

(B)(2) Participate in a joint purchasing program operated by	170
or through a national or state association of political	171
subdivisions in which the purchasing county or township is	172
eligible for membership.	173

(3) Participate in contract offerings from the federal	174
government that are available to a county or township including,	175
but not limited to, contract offerings from the general services	176
administration.	177

(B) Acquisition by a county or township of equipment,	178
material, supplies, or services, through participation in a	179
contract of another county or township or participation in an	180
association program under division (A)(1) or (2) of this section,	181
is exempt from any competitive selection requirements otherwise	182
required by law, if the contract in which it is participating was	183
awarded pursuant to a publicly solicited request for a proposal or	184
a competitive selection procedure, and, in the case of	185
participation in a joint purchasing program operated by or through	186
a national or state association of political subdivisions, if the	187
program has employed a competitive selection procedure	188
substantially similar to the procedure that would have been	189
required of the purchasing county or township acting aloneof	190
another political subdivision within this state or in another	191
state. Acquisition by a county or township of equipment,	192
materials, supplies, or services pursuant to division (A)(3) of	193
this section is exempt from any competitive selection requirements	194
otherwise required by law. No county or township shall acquire	195
equipment, materials, supplies, or services by participating in a	196
contract under this section if it has received bids for such	197
acquisition, unless its participation enables it to make the	198
acquisition upon the same terms, conditions, and specifications at	199
a lower price.	200

(C) A county or township that is eligible to participate in a	201
joint purchasing program operated by or through a national or	202
state association of political subdivisions in which the	203
purchasing county or township is eligible for membership may	204
purchase supplies or services from another party, including	205
another political subdivision, instead of through participation in	206
contracts authorized by division (A)(2) of this section if the	207
county or township can purchase those supplies or services from	208
the other party upon equivalent terms, conditions, and	209
specifications but at a lower price than it can through those	210
contracts. Purchases that a county or township makes under this	211
division are exempt from any competitive selection procedures	212
otherwise required by law. A county or township that makes any	213
purchase under this division shall maintain sufficient information	214
regarding the purchase to verify that the county or township	215
satisfied the conditions for making a purchase under this	216
division. Nothing in this division restricts any action taken by a	217
county or township as authorized by division (A)(1) of this	218
section.	219

Sec. 101.691. (A) Either house of the general assembly or any	220
legislative agency may dispose of any excess or surplus supplies	221
that it possesses by sale, lease, donation, or other transfer,	222
including, but not limited to, sale by public auction over the	223
internet, as defined in section 341.42 of the Revised Code.	224
Nothing in this division prohibits either house of the general	225
assembly or a legislative agency from having the director of	226
administrative services dispose of excess or surplus supplies of	227
that house under sections 125.12 to 125.14 of the Revised Code.	228

(B) Any proceeds from sales, leases, or other transfers made	229
under division (A) of this section shall be deposited in the house	230
of representatives reimbursement special revenue fund, the senate	231
reimbursement special revenue fund, or a legislative agency	232
special revenue fund identified by the director of the agency, as	233
appropriate.	234

Sec. 113.40.  (A) As used in this section:

235

(1) "Financial transaction device" includes a credit card,	236
debit card, charge card, or prepaid or stored value card, or	237
automated clearinghouse network credit, debit, or e-check entry	238
that includes, but is not limited to, accounts receivable and	239
internet-initiated, point of purchase, and telephone-initiated	240
applications.	241

(2) "State expenses" includes fees, costs, taxes,	242
assessments, fines, penalties, payments, or any other expense a	243
person owes to a state office under the authority of a state	244
elected official or to a state entity.	245

(3) "State elected official" means the governor, lieutenant	246
governor, attorney general, secretary of state, treasurer of	247
state, and auditor of state.	248

(4) "State entity" includes any state department, agency,	249
board, or commission that deposits funds into the state treasury.	250

(B) Notwithstanding any other section of the Revised Code and	251
subject to division (D) of this section, the board of deposit may	252
adopt a resolution authorizing the acceptance of payments by	253
financial transaction device to pay for state expenses. The	254
resolution shall include all of the following:	255

(1) A designation of those state elected officials and state	256
entities authorized to accept payments by financial transaction	257
device;	258

(2) A list of state expenses that may be paid by the use of a	259
financial transaction device;	260

(3) Specific identification of financial transaction devices	261
that a state elected official or state entity may authorize as	262
acceptable means of payment for state expenses. Division (B)(3) of	263
this section does not require that the same financial transaction	264
devices be accepted for the payment of different types of state	265
expenses.	266

(4) The amount, if any, authorized as a surcharge or	267
convenience fee under division (E) of this section for persons	268
using a financial transaction device. Division (B)(4) of this	269
section does not require that the same surcharges or convenience	270
fees be applied to the payment of different types of state	271
expenses.	272

(5) A specific requirement, as provided in division (G) of	273
this section, for the payment of a penalty if a payment made by	274
means of a financial transaction device is returned or dishonored	275
for any reason.	276

The board of deposit's resolution also shall designate the	277
treasurer of state as the administrative agent to solicit	278
proposals, within guidelines established by the board of deposit	279
in the resolution and in compliance with the procedures provided	280
in division (C) of this section, from financial institutions,	281
issuers of financial transaction devices, and processors of	282
financial transaction devices; to make recommendations about those	283
proposals to the state elected officials; and to assist state	284
offices in implementing the state's financial transaction device	285
acceptance and processing program.	286

(C) The administrative agent shall follow the procedures	287
provided in this division whenever it plans to contract with	288
financial institutions, issuers of financial transaction devices,	289
or processors of financial transaction devices for the purposes of	290
this section. The administrative agent shall request proposals	291
from at least three financial institutions, issuers of financial	292
transaction devices, or processors of financial transaction	293
devices, as appropriate in accordance with the resolution adopted	294
under division (B) of this section. Prior to sending any financial	295
institution, issuer, or processor a copy of any such request, the	296
administrative agent shall advertise its intent to request	297
proposals in a newspaper of general circulation in the state once	298
a week for two consecutive weeks. The notice shall state that the	299
administrative agent intends to request proposals; specify the	300
purpose of the request; indicate the date, which shall be at least	301
ten days after the second publication, on which the request for	302
proposals will be mailed to financial institutions, issuers, or	303
processors; and require that any financial institution, issuer, or	304
processor, whichever is appropriate, interested in receiving the	305
request for proposals submit written notice of this interest to	306
the administrative agent not later than noon of the day on which	307
the request for proposals will be mailed.	308

Upon receiving the proposals, the administrative agent shall	309
review them and make a recommendation to the board of deposit	310
regarding which proposals to accept. The board of deposit shall	311
consider the agent's recommendation and review all proposals	312
submitted, and then may choose to contract with any or all of the	313
entities submitting proposals, as appropriate. The board of	314
deposit shall provide any financial institution, issuer, or	315
processor that submitted a proposal, but with which the board does	316
not enter into a contract, notice that its proposal is rejected.	317

(D) The board of deposit shall send a copy of the resolution	318
adopted under division (B) of this section to each state elected	319
official and state entity authorized to accept payments for state	320
expenses by financial transaction device. After receiving the	321
resolution and before accepting such payments by financial	322
transaction device, such a state elected official or state entity	323
shall provide written notification to the administrative agent of	324
the official's or entity's intent to implement the resolution	325
within the official's or entity's office. Each state office or	326
entity subject to the board's resolution adopted under division	327
(B) of this section shall use only the financial institutions,	328
issuers of financial transaction devices, and processors of	329
financial transaction devices with which the board of deposit	330
contracts, and each such office or entity is subject to the terms	331
of those contracts.	332

If a state entity under the authority of a state elected	333
official is directly responsible for collecting one or more state	334
expenses and the state elected official determines not to accept	335
payments by financial transaction device for one or more of those	336
expenses, the office is not required to accept payments by	337
financial transaction device for those expenses, notwithstanding	338
the adoption of a resolution by the board of deposit under	339
division (B) of this section.	340

Any state entity that prior to the effective date of this	341
sectionMarch 18, 1999, accepted financial transaction devices may	342
continue to accept such devices until June 30, 2000, without being	343
subject to any resolution adopted by the board of deposit under	344
division (B) of this section, or any other oversight by the board	345
of the entity's financial transaction device program. Any such	346
entity may use surcharges or convenience fees in any manner the	347
state elected official or other official in charge of the entity	348
determines to be appropriate, and, if the administrative agent	349
consents, may appoint the administrative agent to be the entity's	350
administrative agent for purposes of accepting financial	351
transaction devices. In order to be exempt from the resolution of	352
the board of deposit under division (B) of this section, a state	353
entity shall notify the board in writing within thirty days after	354
the effective date of this sectionMarch 18, 1999, that it	355
accepted financial transaction devices prior to the effective date	356
of this sectionMarch 18, 1999. Each such notification shall	357
explain how processing costs associated with financial transaction	358
devices are being paid and shall indicate whether surcharge or	359
convenience fees are being passed on to consumers.	360

(E) The board of deposit may establish a surcharge or	361
convenience fee that may be imposed upon a person making payment	362
by a financial transaction device. The surcharge or convenience	363
fee shall not be imposed unless authorized or otherwise permitted	364
by the rules prescribed under a contract, between the financial	365
institution, issuer, or processor and the administrative agent,	366
governing the use and acceptance of the financial transaction	367
device.	368

The establishment of a surcharge or convenience fee shall	369
follow the guidelines of the financial institution, issuer of	370
financial transaction devices, or processor of financial	371
transaction devices with which the board of deposit contracts.	372

If a surcharge or convenience fee is imposed, every state	373
entity accepting payment by a financial transaction device,	374
regardless of whether that entity is subject to a resolution	375
adopted by the board of deposit, shall clearly post a notice in	376
the entity's office, and shall notify each person making a payment	377
by such a device, about the surcharge or fee. Notice to each	378
person making a payment shall be provided regardless of the medium	379
used to make the payment and in a manner appropriate to that	380
medium. Each notice shall include all of the following:	381

(1) A statement that there is a surcharge or convenience fee	382
for using a financial transaction device;	383

(2) The total amount of the charge or fee expressed in	384
dollars and cents for each transaction, or the rate of the charge	385
or fee expressed as a percentage of the total amount of the	386
transaction, whichever is applicable;	387

(3) A clear statement that the surcharge or convenience fee	388
is nonrefundable.	389

(F) If a person elects to make a payment by a financial	390
transaction device and a surcharge or convenience fee is imposed,	391
the payment of the surcharge or convenience fee is not refundable.	392

(G) If a person makes payment by a financial transaction	393
device and the payment is returned or dishonored for any reason,	394
the person is liable to the state for the state expense and any	395
reimbursable costs for collection, including banking charges,	396
legal fees, or other expenses incurred by the state in collecting	397
the returned or dishonored payment. The remedies and procedures	398
provided in this section are in addition to any other available	399
civil or criminal remedies provided by law.	400

(H) No person making any payment by a financial transaction	401
device to a state office shall be relieved from liability for the	402
underlying obligation, except to the extent that the state	403
realizes final payment of the underlying obligation in cash or its	404
equivalent. If final payment is not made by the financial	405
transaction device issuer or other guarantor of payment in the	406
transaction, the underlying obligation survives and the state	407
shall retain all remedies for enforcement that would have applied	408
if the transaction had not occurred.	409

(I) A state entity or employee who accepts a financial	410
transaction device payment in accordance with this section and any	411
applicable state or local policies or rules is immune from	412
personal liability for the final collection of such payments as	413
specified in section 9.87 of the Revised Code.	414

(J) The administrative agent, in cooperation with the office	415
of budget and management, may adopt, amend, and rescind rules in	416
accordance with section 111.15 of the Revised Code to implement	417
this section.	418

Sec. 117.111. (A) If a county office uses electronic records	419
and electronic signatures under Chapter 1306. of the Revised Code,	420
the auditor of state, in conducting an audit of that office under	421
division (A) or (B) of section 117.11 of the Revised Code, shall	422
inquire into the method, accuracy, and effectiveness of any	423
security procedure adopted by that office under section 304.02 of	424
the Revised Code.	425

(B) As used in this section, "county office," "electronic,"	426
"electronic record," and "electronic signature" have the same	427
meanings as in section 304.01 of the Revised Code.	428

Sec. 125.04.  (A) Except as provided in division (D) of this	429
section, the department of administrative services shall determine	430
what supplies and services are purchased by or for state agencies.	431
Whenever the department of administrative services makes any	432
change or addition to the lists of supplies and services that it	433
determines to purchase for state agencies, it shall provide a list	434
to the agencies of the changes or additions and indicate when the	435
department will be prepared to furnish each item listed. Except	436
for the requirements of division (B) of section 125.11 of the	437
Revised Code, sections 125.04 to 125.08 and 125.09 to 125.15 of	438
the Revised Code do not apply to or affect the educational	439
institutions of the state. The department shall not include the	440
bureau of workers' compensation in the lists of supplies,	441
equipment, and services purchased and furnished by the department.	442

Nothing in this division precludes the bureau from entering	443
into a contract with the department for the department to perform	444
services relative to supplies, equipment, and services contained	445
in this division for the bureau.	446

(B)(1) As used in this division:

447

(a) "Emergency medical service organization" has the same	448
meaning as in section 4765.01 of the Revised Code.	449

(b) "Political subdivision" means any county, township,	450
municipal corporation, school district, conservancy district,	451
township park district, park district created under Chapter 1545.	452
of the Revised Code, regional transit authority, regional airport	453
authority, regional water and sewer district, or port authority.	454
"Political subdivision" also includes any other political	455
subdivision described in the Revised Code that has been approved	456
by the department to participate in the department's contracts	457
under this division.	458

(c) "Private fire company" has the same meaning as in section	459
9.60 of the Revised Code.	460

(2) Subject to division (C) of this section, the department	461
of administrative services may permit a political subdivision,	462
private fire company, or private, nonprofit emergency medical	463
service organization to participate in contracts into which the	464
department has entered for the purchase of supplies and services.	465
The department may charge the entity a reasonable fee to cover the	466
administrative costs the department incurs as a result of	467
participation by the entity in such a purchase contract.	468

A political subdivision desiring to participate in such	469
purchase contracts shall file with the department a certified copy	470
of an ordinance or resolution of the legislative authority or	471
governing board of the political subdivision. The resolution or	472
ordinance shall request that the political subdivision be	473
authorized to participate in such contracts and shall agree that	474
the political subdivision will be bound by such terms and	475
conditions as the department prescribes and that it will directly	476
pay the vendor under each purchase contract. A private fire	477
company or private, nonprofit emergency medical service	478
organization desiring to participate in such purchase contracts	479
shall file with the department a written request for inclusion in	480
the program signed by the chief officer of the company or	481
organization. The request shall include an agreement to be bound	482
by such terms and conditions as the department prescribes and to	483
make direct payments to the vendor under each purchase contract.	484

The department shall include in its annual report an estimate	485
of the cost it incurs by permitting political subdivisions,	486
private fire companies, and private, nonprofit emergency medical	487
service organizations to participate in contracts pursuant to this	488
division. The department may require such entities to file a	489
report with the department, as often as it finds necessary,	490
stating how many such contracts the entities participated in	491
within a specified period of time, and any other information the	492
department requires.	493

(3) Purchases made by a political subdivision under this	494
division are exempt from any competitive selection procedures	495
otherwise required by law. No political subdivision shall make any	496
purchase under this division when bids have been received for such	497
purchase by the subdivision, unless such purchase can be made upon	498
the same terms, conditions, and specifications at a lower price	499
under this division.	500

(C) A political subdivision as defined in division (B) of	501
this section may purchase supplies or services from another party,	502
including another political subdivision, instead of through	503
participation in contracts described in division (B) of this	504
section if the political subdivision can purchase those supplies	505
or services from the other party upon equivalent terms,	506
conditions, and specifications but at a lower price than it can	507
through those contracts. Purchases that a political subdivision	508
makes under this division are exempt from any competitive	509
selection procedures otherwise required by law. A political	510
subdivision that makes any purchase under this division shall	511
maintain sufficient information regarding the purchase to verify	512
that the political subdivision satisfied the conditions for making	513
a purchase under this division. Nothing in this division restricts	514
any action taken by a county or township as authorized by division	515
(A)(1) of section 9.48 of the Revised Code.	516

(D) This section does not apply to supplies or services	517
required by the legislative or judicial branches, boards of	518
elections, the capitol square review and advisory board, the	519
adjutant general, to supplies or services purchased by a state	520
agency directly as provided in division (A) or (E) of section	521
125.05 of the Revised Code, to purchases of supplies or services	522
for the emergency management agency as provided in section 125.023	523
of the Revised Code, or to purchases of supplies or services for	524
the department of rehabilitation and correction in its operation	525
of the program for the employment of prisoners established under	526
section 5145.16 of the Revised Code that shall be made pursuant to	527
rules adopted by the director of administrative services and the	528
director of rehabilitation and correction in accordance with	529
Chapter 119. of the Revised Code. The rules may provide for the	530
exemption of the program for the employment of prisoners from the	531
requirements of division (A) of this section.	532

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

533

(1) "Internet" means the international computer network of	534
both federal and nonfederal interoperable packet switched data	535
networks, including the graphical subnetwork called the world wide	536
web.	537

(2) "Reverse, "reverse auction" means a purchasing process in	538
which offerors submit bids in competing to sell services or	539
supplies in an open environment via the internet.	540

(B) Whenever the director of administrative services	541
determines that the use of a reverse auction is advantageous to	542
the state, the director, in accordance with rules the director	543
shall adopt, may purchase services or supplies by reverse auction.	544

(C) The director, by rule, may authorize a state agency that	545
is authorized to purchase services or supplies directly to	546
purchase them by reverse auction in the same manner as this	547
section and the rules adopted under this section authorize the	548
director to do so.	549

Sec. 149.38.  (A) There is hereby created in each county a	550
county records commission, composed of the president of the board	551
of county commissioners as chairmanchairperson, the prosecuting	552
attorney, the auditor, the recorder, and the clerk of the court of	553
common pleas. The commission shall appoint a secretary, who may or	554
may not be a member of the commission and who shall serve at the	555
pleasure of the commission. The commission may employ an archivist	556
to serve under its direction. The commission shall meet at least	557
once every six months, and upon call of the chairmanchairperson.	558

(B) The functions of the county records commission shall be	559
to provide rules for retention and disposal of records of the	560
county and to review applications for one-time records disposal	561
and schedules of records retention and disposal submitted by	562
county offices. Records may be disposed of by the commission	563
pursuant to the procedure outlined in this section. The commission	564
may, at any time, may review any schedule it has previously	565
approved, and, for good cause shown, may revise that schedule,	566
subject to division (D) of this section.	567

(C) When the county records commission has approved county	568
records have been approved for disposal, a copy of such recordsa	569
list of those records shall be sent to the auditor of state. If he	570
the auditor of state disapproves the action by the county	571
commission in whole or in part, hethe auditor of state shall so	572
inform the commission within a period of sixty days, and these	573
those records shall not be destroyed. Before public records are to	574
be disposed of, the commission shall inform the Ohio historical	575
society shall be informed and givengive the society the	576
opportunity for a period of sixty days to select for its custody	577
such records as it considers to be of continuing historical value.	578
When the Ohio historical society is so informed that public	579
records are to be disposed of, the county records commission also	580
shall notify the county historical society, and any public or	581
quasi-public institutions, agencies, or corporations in the county	582
that have provided the commission with their name and address for	583
these notification purposes, that the Ohio historical society has	584
been so informed and may select records of continuing historical	585
value, including records that may be distributed to any of the	586
notified entities under section 149.31 of the Revised Code.	587

(D) The rules of the county records commission shall include	588
a rule that requires any receipts, checks, vouchers, or other	589
similar records pertaining to expenditures from the delinquent tax	590
and assessment collection fund created in section 321.261 of the	591
Revised Code, from the real estate assessment fund created in	592
section 325.31 of the Revised Code, or from amounts allocated for	593
the furtherance of justice to the county sheriff under section	594
325.071 of the Revised Code or to the prosecuting attorney under	595
section 325.12 of the Revised Code to be retained for at least	596
four years.	597

(E) No person shall knowingly violate the rule adopted under	598
division (D) of this section. Whoever violates that rule is guilty	599
of a misdemeanor of the first degree.	600

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

601

(1) "Library" means a library that is open to the public,	602
including any of the following:	603

(a) A library that is maintained and regulated under section	604
715.13 of the Revised Code;	605

(b) A library that is created, maintained, and regulated	606
under Chapter 3375. of the Revised Code;	607

(c) A library that is created and maintained by a public or	608
private school, college, university, or other educational	609
institution;	610

(d) A library that is created and maintained by a historical	611
or charitable organization, institution, association, or society.	612

"Library" includes the members of the governing body and the	613
employees of a library.	614

(2) "Library record" means a record in any form that is	615
maintained by a library and that contains any of the following	616
types of information:	617

(a) Information that the library requires an individual to	618
provide in order to be eligible to use library services or borrow	619
materials;	620

(b) Information that identifies an individual as having	621
requested or obtained specific materials or materials on a	622
particular subject;	623

(c) Information that is provided by an individual to assist a	624
library staff member to answer a specific question or provide	625
information on a particular subject.	626

"Library record" does not include information that does not	627
identify any individual and that is retained for the purpose of	628
studying or evaluating the use of a library and its materials and	629
services.	630

(3) Subject to division (B)(5) of this section, "patron	631
information" means personally identifiable information about an	632
individual who has used any library service or borrowed any	633
library materials.	634

(4) "Internet" has the same meaning as in section 3517.106 of	635
the Revised Code.	636

(B) A library shall not release any library record or	637
disclose any patron information except in the following	638
situations:	639

(1) If a library record or patron information pertaining to a	640
minor child is requested from a library by the minor child's	641
parent, guardian, or custodian, the library shall make that record	642
or information available to the parent, guardian, or custodian in	643
accordance with division (B) of section 149.43 of the Revised	644
Code.	645

(2) Library records or patron information shall be released	646
in the following situations:	647

(a) In accordance with a subpoena, search warrant, or other	648
court order;	649

(b) To a law enforcement officer who is acting in the scope	650
of the officer's law enforcement duties and who is investigating a	651
matter involving public safety in exigent circumstances.	652

(3) A library record or patron information shall be released	653
upon the request or with the consent of the individual who is the	654
subject of the record or information.	655

(4) Library records may be released for administrative	656
library purposes, including establishment or maintenance of a	657
system to manage the library records or to assist in the transfer	658
of library records from one records management system to another,	659
compilation of statistical data on library use, and collection of	660
fines and penalties.	661

(5) A library may release under division (B) of section	662
149.43 of the Revised Code records that document improper use of	663
the internet at the library so long as any patron information is	664
removed from those records. As used in division (B)(5) of this	665
section, "patron information" does not include information about	666
the age or gender of an individual.	667

Sec. 304.01. As used in this chapter:

668

(A) "Agreement" means the bargain of the parties in fact, as	669
found in their language or inferred from other circumstances and	670
from rules, regulations, and procedures given the effect of	671
agreements under laws otherwise applicable to a particular	672
transaction.	673

(B) "County office" means any officer, department, board,	674
commission, agency, court, or other instrumentality of a county.	675

(C) "Electronic" means relating to technology having	676
electrical, digital, magnetic, wireless, optical, electromagnetic,	677
or similar capabilities.	678

(D) "Electronic record" means a record created, generated,	679
sent, communicated, received, or stored by electronic means.	680

(E) "Electronic signature" means an electronic sound, symbol,	681
or process attached to or logically associated with a record and	682
executed or adopted by a person with the intent to sign the	683
record.	684

(F) "Information" means data, text, images, sounds, codes,	685
computer programs, software, databases, or the like.	686

(G) "Person" means an individual, corporation, business	687
trust, estate, trust, partnership, limited liability company,	688
association, joint venture, governmental agency, public	689
corporation, or other legal or commercial entity.	690

(H) "Record" means information that is inscribed on a	691
tangible medium or that is stored in an electronic or other medium	692
and is retrievable in perceivable form.	693

(I) "Transaction" means an action or set of actions occurring	694
between two or more persons relating to the conduct of business,	695
commercial, or governmental affairs.	696

Sec. 304.02. Prior to the use of electronic records and	697
electronic signatures by a county office under Chapter 1306. of	698
the Revised Code, and except as otherwise provided in section	699
955.013 of the Revised Code, a county office shall adopt, in	700
writing, a security procedure for the purpose of verifying that an	701
electronic signature, record, or performance is that of a specific	702
person or for detecting changes or errors in the information in an	703
electronic record. A security procedure includes, but is not	704
limited to, a procedure that requires the use of algorithms or	705
other codes, identifying words or numbers, encryption, or callback	706
or other acknowledgment procedures.	707

Sec. 304.03. (A) Whenever any rule or law requires or	708
authorizes the filing of any information, notice, lien, or other	709
document or record with any county office, a filing made by an	710
electronic record shall have the same force and effect as a filing	711
made on paper in all cases where the county office has authorized	712
or agreed to the electronic filing and the filing is made in	713
accordance with applicable rules or an applicable agreement.	714

(B) Nothing in this section authorizes or shall be construed	715
to authorize the use of a financial transaction device in an	716
electronic transaction for the acceptance of payments for county	717
expenses, except pursuant to section 301.28 or 955.013 of the	718
Revised Code.	719

(C) As used in this section, "financial transaction device"	720
and "county expenses" have the same meanings as in section 301.28	721
of the Revised Code.	722

Sec. 304.04. Nothing in this chapter or Chapter 1306. of the	723
Revised Code requires or shall be construed to require any county	724
office to use or permit the use of electronic records and	725
electronic signatures.	726

Sec. 307.12.  (A) Except as otherwise provided in divisions	727
(B), (C), and (E) of this section, when the board of county	728
commissioners finds, by resolution, that the county has personal	729
property, including motor vehicles acquired for the use of county	730
officers and departments, and road machinery, equipment, tools, or	731
supplies, which is not needed for public use, or is obsolete or	732
unfit for the use for which it was acquired, and when the fair	733
market value of the property to be sold under this division is, in	734
the opinion of the board, in excess of two thousand five hundred	735
dollars, the board may do either of the following:	736

(1) Sell the property at public auction or by sealed bid to	737
the highest bidder. Notice of the time, place, and manner of the	738
sale shall be published in a newspaper of general circulation in	739
the county at least ten days prior to the sale, and a typewritten	740
or printed notice of the time, place, and manner of the sale shall	741
be posted at least ten days before the sale in the offices of the	742
county auditor and the board of county commissioners.	743

If a board conducts a sale of property by sealed bid, the	744
form of the bid shall be as prescribed by the board, and each bid	745
shall contain the name of the person submitting it. Bids received	746
shall be opened and tabulated at the time stated in the notice.	747
The property shall be sold to the highest bidder, except that the	748
board may reject all bids and hold another sale, by public auction	749
or sealed bid, in the manner prescribed by this section.	750

(2) Donate any motor vehicle that does not exceed four	751
thousand five hundred dollars in value to a nonprofit organization	752
exempt from federal income taxation pursuant to 26 U.S.C. 501(a)	753
and (c)(3) for the purpose of meeting the transportation needs of	754
participants in the Ohio works first program established under	755
Chapter 5107. of the Revised Code and participants in the	756
prevention, retention, and contingency program established under	757
Chapter 5108. of the Revised Code.	758

(B) When the board of county commissioners finds, by	759
resolution, that the county has personal property, including motor	760
vehicles acquired for the use of county officers and departments,	761
and road machinery, equipment, tools, or supplies, which is not	762
needed for public use, or is obsolete or unfit for the use for	763
which it was acquired, and when the fair market value of the	764
property to be sold under this division is, in the opinion of the	765
board, two thousand five hundred dollars or less, the board may	766
sell the property by private sale, without advertisement or public	767
notification.	768

Notwithstanding anything to the contrary in division (A) or	769
(C) of this section and regardless of the property's value, the	770
board may sell or donate county personal property, including motor	771
vehicles, to the federal government, the state, or any political	772
subdivision of the state without advertisement or public	773
notification.	774

(C) Notwithstanding anything to the contrary in division (A),	775
(B), or (E) of this section and regardless of the property's	776
value, the board of county commissioners may sell personal	777
property, including motor vehicles acquired for the use of county	778
officers and departments, and road machinery, equipment, tools, or	779
supplies, which is not needed for public use, or is obsolete or	780
unfit for the use for which it was acquired, by internet auction.	781
The board shall adopt, during each calendar year, a resolution	782
expressing its intent to sell that property by internet auction.	783
The resolution shall include a description of how the auctions	784
will be conducted and shall specify the number of days for bidding	785
on the property, which shall be no less than fifteen days,	786
including Saturdays, Sundays, and legal holidays. The resolution	787
shall indicate whether the county will conduct the auction or the	788
board will contract with a representative to conduct the auction	789
and shall establish the general terms and conditions of sale. If a	790
representative is known when the resolution is adopted, the	791
resolution shall provide contact information such as the	792
representative's name, address, and telephone number.	793

After adoption of the resolution, the board shall publish, in	794
a newspaper of general circulation in the county, notice of its	795
intent to sell unneeded, obsolete, or unfit county personal	796
property by internet auction. The notice shall include a summary	797
of the information provided in the resolution and shall be	798
published at least twice. The second and any subsequent notice	799
shall be published not less than ten nor more than twenty days	800
after the previous notice. A similar notice also shall be posted	801
continually throughout the calendar year in a conspicuous place in	802
the offices of the county auditor and the board of county	803
commissioners, and, if the county maintains a website on the	804
internet, the notice shall be posted continually throughout the	805
calendar year at that website.	806

When property is to be sold by internet auction, the board or	807
its representative may establish a minimum price that will be	808
accepted for specific items and may establish any other terms and	809
conditions for the particular sale, including requirements for	810
pick-up or delivery, method of payment, and sales tax. This type	811
of information shall be provided on the internet at the time of	812
the auction and may be provided before that time upon request	813
after the terms and conditions have been determined by the board	814
or its representative.	815

(D) When a county officer or department head determines that	816
county-owned personal property under the jurisdiction of the	817
officer or department head, including motor vehicles, road	818
machinery, equipment, tools, or supplies, is not of immediate	819
need, the county officer or department head may notify the board	820
of county commissioners, and the board may lease that personal	821
property to any municipal corporation, township, or other	822
political subdivision of the state. The lease shall require the	823
county to be reimbursed under terms, conditions, and fees	824
established by the board, or under contracts executed by the	825
board.	826

(E) If the board of county commissioners finds, by	827
resolution, that the county has vehicles, equipment, or machinery	828
which is not needed, or is unfit for public use, and the board	829
desires to sell the vehicles, equipment, or machinery to the	830
person or firm from which it proposes to purchase other vehicles,	831
equipment, or machinery, the board may offer to sell the vehicles,	832
equipment, or machinery to that person or firm, and to have the	833
selling price credited to the person or firm against the purchase	834
price of other vehicles, equipment, or machinery.	835

(F) If the board of county commissioners advertises for bids	836
for the sale of new vehicles, equipment, or machinery to the	837
county, it may include in the same advertisement a notice of the	838
willingness of the board to accept bids for the purchase of	839
county-owned vehicles, equipment, or machinery which is obsolete	840
or not needed for public use, and to have the amount of those bids	841
subtracted from the selling price of the other vehicles,	842
equipment, or machinery as a means of determining the lowest	843
responsible bidder.	844

(G) If a board of county commissioners determines that county	845
personal property is not needed for public use, or is obsolete or	846
unfit for the use for which it was acquired, and that the property	847
has no value, the board may discard or salvage that property.	848

(H) As used in this section, "internet" means the	849
international computer network of both federal and nonfederal	850
interoperable packet switched data networks, including the	851
graphical subnetwork called the world wide web.	852

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

853

(1) "County correctional officer" has the same meaning as in	854
section 341.41 of the Revised Code.	855

(2) "Computer," "computer network," "computer system,"	856
"computer services," "telecommunications service," and	857
"information service" have the same meanings as in section 2913.01	858
of the Revised Code.	859

(3) "Internet" means the international computer network of	860
both federal and nonfederal interoperable packet switched data	861
networks, including the graphical subnetwork called the world wide	862
web.	863

(4) "County correctional facility" means a county jail,	864
county workhouse, minimum security jail, joint city and county	865
workhouse, municipal-county correctional center,	866
multicounty-municipal correctional center, municipal-county jail	867
or workhouse, or multicounty-municipal jail or workhouse.	868

(B) No county correctional officer shall provide a prisoner	869
access to or permit a prisoner to have access to the internet	870
through the use of a computer, computer network, computer system,	871
computer services, telecommunications service, or information	872
service unless both of the following apply:	873

(1) The prisoner is participating in an approved educational	874
program with direct supervision that requires the use of the	875
internet for training or research purposes.	876

(2) The provision of and access to the internet is in	877
accordance with rules promulgated by the department of	878
rehabilitation and correction pursuant to section 5120.62 of the	879
Revised Code.	880

(C)(1) No prisoner in a county correctional facility under	881
the control of a county shall access the internet through the use	882
of a computer, computer network, computer system, computer	883
services, telecommunications service, or information service	884
unless both of the following apply:	885

(a) The prisoner is participating in an approved educational	886
program with direct supervision that requires the use of the	887
internet for training or research purposes.	888

(b) The provision of and access to the internet is in	889
accordance with rules promulgated by the department of	890
rehabilitation and correction pursuant to section 5120.62 of the	891
Revised Code.	892

(2) Whoever violates division (C)(1) of this section is	893
guilty of improper internet access, a misdemeanor of the first	894
degree.	895

Sec. 505.10.  The board of township trustees may accept, on	896
behalf of the township, the donation by bequest, devise, deed of	897
gift, or otherwise, of any real or personal property for any	898
township use. When the township has property, including motor	899
vehicles, road machinery, equipment, and tools, which the board,	900
by resolution, finds is not needed for public use, is obsolete, or	901
is unfit for the use for which it was acquired, the board may sell	902
and convey that property or otherwise dispose of it in accordance	903
with this section. Except as otherwise provided in sections	904
505.08, 505.101, and 505.102 of the Revised Code, the sale or	905
other disposition of unneeded, obsolete, or unfit for use property	906
shall be made in accordance with one of the following:	907

(A)(1) If the fair market value of property to be sold is, in	908
the opinion of the board, in excess of two thousand five hundred	909
dollars, the sale shall be by public auction or by sealed bid to	910
the highest bidder. The board shall publish notice of the time,	911
place, and manner of the sale once a week for three weeks in a	912
newspaper published, or of general circulation, in the township,	913
the last of those publications to be at least five days before the	914
date of sale, and shall post a typewritten or printed notice of	915
the time, place, and manner of the sale in the office of the board	916
for at least ten days prior to the sale.	917

If the board conducts the sale of the property by sealed bid,	918
the form of the bid shall be as prescribed by the board, and each	919
bid shall contain the name of the person submitting it. Bids	920
received shall be opened and tabulated at the time stated in the	921
published and posted notices. The property shall be sold to the	922
highest bidder, except that the board may reject all bids and hold	923
another sale, by public auction or sealed bid, in the manner	924
prescribed by this section.	925

(2) If the fair market value of property to be sold is, in	926
the opinion of the board, two thousand five hundred dollars or	927
less, the board may sell the property by private sale, without	928
advertisement or public notification.	929

(3) If the board finds, by resolution, that the township has	930
motor vehicles, road machinery, equipment, or tools which are not	931
needed or are unfit for public use, and the board wishes to sell	932
the motor vehicles, road machinery, equipment, or tools to the	933
person or firm from which it proposes to purchase other motor	934
vehicles, road machinery, equipment, or tools, the board may offer	935
to sell the motor vehicles, road machinery, equipment, or tools to	936
that person or firm, and to have the selling price credited to the	937
person or firm against the purchase price of other motor vehicles,	938
road machinery, equipment, or tools.	939

(4) If the board advertises for bids for the sale of new	940
motor vehicles, road machinery, equipment, or tools to the	941
township, it may include in the same advertisement a notice of the	942
willingness of the board to accept bids for the purchase of	943
township-owned motor vehicles, road machinery, equipment, or tools	944
which are obsolete or not needed for public use, and to have the	945
amount of those bids subtracted from the selling price of the new	946
motor vehicles, road machinery, equipment, or tools, as a means of	947
determining the lowest responsible bidder.	948

(5) When a township has title to real property, the board of	949
township trustees, by resolution, may authorize the transfer and	950
conveyance of that property to any other political subdivision of	951
the state upon such terms as are agreed to between the board and	952
the legislative authority of that political subdivision.	953

(6) When a township has title to real property and the board	954
of township trustees wishes to sell or otherwise transfer the	955
property, the board, upon a unanimous vote of its members and by	956
resolution, may authorize the transfer and conveyance of that real	957
property to any person upon whatever terms are agreed to between	958
the board and that person.	959

(7) If the board of township trustees determines that	960
township personal property is not needed for public use, or is	961
obsolete or unfit for the use for which it was acquired, and that	962
the property has no value, the board may discard or salvage that	963
property.	964

(B) When the board has offered property at public auction	965
under this section and has not received an acceptable offer, the	966
board, by resolution, may enter into a contract, without	967
advertising or bidding, for the sale of that property. The	968
resolution shall specify a minimum acceptable price and the	969
minimum acceptable terms for the contract. The minimum acceptable	970
price shall not be lower than the minimum price established for	971
the public auction.	972

(C) Notwithstanding anything to the contrary in division (A)	973
or (B) of this section and regardless of the property's value, the	974
board may sell personal property, including motor vehicles, road	975
machinery, equipment, tools, or supplies, which is not needed for	976
public use, or is obsolete or unfit for the use for which it was	977
acquired, by internet auction. The board shall adopt, during each	978
calendar year, a resolution expressing its intent to sell that	979
property by internet auction. The resolution shall include a	980
description of how the auctions will be conducted and shall	981
specify the number of days for bidding on the property, which	982
shall be no less than fifteen days, including Saturdays, Sundays,	983
and legal holidays. The resolution shall indicate whether the	984
township will conduct the auction or the board will contract with	985
a representative to conduct the auction and shall establish the	986
general terms and conditions of sale. If a representative is known	987
when the resolution is adopted, the resolution shall provide	988
contact information such as the representative's name, address,	989
and telephone number.	990

After adoption of the resolution, the board shall publish, in	991
a newspaper of general circulation in the township, notice of its	992
intent to sell unneeded, obsolete, or unfit for use township	993
personal property by internet auction. The notice shall include a	994
summary of the information provided in the resolution and shall be	995
published at least twice. The second and any subsequent notice	996
shall be published not less than ten nor more than twenty days	997
after the previous notice. A clerk also shall post a similar	998
notice throughout the calendar year in a conspicuous place in the	999
board's office, and, if the township maintains a web site on the	1000
internet, the notice shall be posted continually throughout the	1001
calendar year at that web site.	1002

When property is to be sold by internet auction, the board or	1003
its representative may establish a minimum price that will be	1004
accepted for specific items and may establish any other terms and	1005
conditions for the particular sale, including requirements for	1006
pick-up or delivery, method of payment, and sales tax. This type	1007
of information shall be provided on the internet at the time of	1008
the auction and may be provided before that time upon request	1009
after the terms and conditions have been determined by the board	1010
or its representative.	1011

As used in this section, "internet" means the international	1012
computer network of both federal and nonfederal interoperable	1013
packet switched data networks, including the graphical subnetwork	1014
called the world wide web.	1015

Sec. 718.07.  As used in this section, "internet" means the	1016
international computer network of both federal and nonfederal	1017
interoperable packet switched data networks, including the	1018
graphical subnetwork known as the world wide web.	1019

On and after January 1, 2002, each municipal corporation that	1020
imposes a tax on income shall make electronic versions of any	1021
rules or ordinances governing the tax available to the public	1022
through the internet, including, but not limited to, ordinances or	1023
rules governing the rate of tax; payment and withholding of taxes;	1024
filing any prescribed returns, reports, or other documents; dates	1025
for filing or paying taxes, including estimated taxes; penalties,	1026
interest, assessment, and other collection remedies; rights of	1027
taxpayers to appeal; and procedures for filing appeals. On and	1028
after that date, any municipal corporation that requires taxpayers	1029
to file income tax returns, reports, or other documents shall make	1030
blanks of such returns, reports, or documents, and any	1031
instructions pertaining thereto, available to the public	1032
electronically through the internet. Electronic versions of rules,	1033
ordinances, blanks, and instructions shall be made available	1034
either by posting them on the electronic site established by the	1035
tax commissioner under section 5703.49 of the Revised Code or by	1036
posting them on an electronic site established by the municipal	1037
corporation that is accessible through the internet. If a	1038
municipal corporation establishes such an electronic site, the	1039
municipal corporation shall incorporate an electronic link between	1040
that site and the site established pursuant to section 5703.49 of	1041
the Revised Code, and shall provide to the tax commissioner the	1042
uniform resource locator of the site established pursuant to this	1043
division.	1044

Sec. 721.15.  (A) Personal property not needed for municipal	1045
purposes, the estimated value of which is less than one thousand	1046
dollars, may be sold by the board or officer having supervision or	1047
management of that property. If the estimated value of that	1048
property is one thousand dollars or more, it shall be sold only	1049
when authorized by an ordinance of the legislative authority of	1050
the municipal corporation and approved by the board, officer, or	1051
director having supervision or management of that property. When	1052
so authorized, the board, officer, or director shall make a	1053
written contract with the highest and best bidder after	1054
advertisement for not less than two or more than four consecutive	1055
weeks in a newspaper of general circulation within the municipal	1056
corporation, or with a board of county commissioners upon such	1057
lawful terms as are agreed upon, as provided by section 721.27 of	1058
the Revised Code.	1059

(B) When the legislative authority finds, by resolution, that	1060
the municipal corporation has vehicles, equipment, or machinery	1061
which is obsolete, or is not needed or is unfit for public use,	1062
that the municipal corporation has need of other vehicles,	1063
equipment, or machinery of the same type, and that it will be in	1064
the best interest of the municipal corporation that the sale of	1065
obsolete, unneeded, or unfit vehicles, equipment, or machinery be	1066
made simultaneously with the purchase of the new vehicles,	1067
equipment, or machinery of the same type, the legislative	1068
authority may offer to sell, or authorize a board, officer, or	1069
director of the municipal corporation having supervision or	1070
management of the property to offer to sell, those vehicles,	1071
equipment, or machinery and to have the selling price credited	1072
against the purchase price of other vehicles, equipment, or	1073
machinery and to consummate the sale and purchase by a single	1074
contract with the lowest and best bidder to be determined by	1075
subtracting from the selling price of the vehicles, equipment, or	1076
machinery to be purchased by the municipal corporation the	1077
purchase price offered for the municipally-owned vehicles,	1078
equipment, or machinery. When the legislative authority or the	1079
authorized board, officer, or director of a municipal corporation	1080
advertises for bids for the sale of new vehicles, equipment, or	1081
machinery to the municipal corporation, they may include in the	1082
same advertisement a notice of willingness to accept bids for the	1083
purchase of municipally-owned vehicles, equipment, or machinery	1084
which is obsolete, or is not needed or is unfit for public use,	1085
and to have the amount of those bids subtracted from the selling	1086
price as a means of determining the lowest and best bidder.	1087

(C) If the legislative authority of the municipal corporation	1088
determines that municipal personal property is not needed for	1089
public use, or is obsolete or unfit for the use for which it was	1090
acquired, and that the property has no value, the legislative	1091
authority may discard or salvage that property.	1092

(D) Notwithstanding anything to the contrary in division (A)	1093
or (B) of this section and regardless of the property's value, the	1094
legislative authority of a municipal corporation may sell personal	1095
property, including motor vehicles acquired for the use of	1096
municipal officers and departments, and road machinery, equipment,	1097
tools, or supplies, which is not needed for public use, or is	1098
obsolete or unfit for the use for which it was acquired, by	1099
internet auction. The legislative authority shall adopt, during	1100
each calendar year, a resolution expressing its intent to sell	1101
that property by internet auction. The resolution shall include a	1102
description of how the auctions will be conducted and shall	1103
specify the number of days for bidding on the property, which	1104
shall be no less than fifteen days, including Saturdays, Sundays,	1105
and legal holidays. The resolution shall indicate whether the	1106
municipal corporation will conduct the auction or the legislative	1107
authority will contract with a representative to conduct the	1108
auction and shall establish the general terms and conditions of	1109
sale. If a representative is known when the resolution is adopted,	1110
the resolution shall provide contact information such as the	1111
representative's name, address, and telephone number.	1112

After adoption of the resolution, the legislative authority	1113
shall publish, in a newspaper of general circulation in the	1114
municipal corporation, notice of its intent to sell unneeded,	1115
obsolete, or unfit municipal personal property by internet	1116
auction. The notice shall include a summary of the information	1117
provided in the resolution and shall be published at least twice.	1118
The second and any subsequent notice shall be published not less	1119
than ten nor more than twenty days after the previous notice. A	1120
similar notice also shall be posted continually throughout the	1121
calendar year in a conspicuous place in the offices of the village	1122
clerk or city auditor, and the legislative authority, and, if the	1123
municipal corporation maintains a website on the internet, the	1124
notice shall be posted continually throughout the calendar year at	1125
that website.	1126

When the property is to be sold by internet auction, the	1127
legislative authority or its representative may establish a	1128
minimum price that will be accepted for specific items and may	1129
establish any other terms and conditions for the particular sale,	1130
including requirements for pick-up or delivery, method of payment,	1131
and sales tax. This type of information shall be provided on the	1132
internet at the time of the auction and may be provided before	1133
that time upon request after the terms and conditions have been	1134
determined by the legislative authority or its representative.	1135

As used in this section, "internet" means the international	1136
computer network of both federal and nonfederal interoperable	1137
packet switched data networks, including the graphical subnetwork	1138
called the world wide web.	1139

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

1140

(1) "Municipal correctional officer" has the same meaning as	1141
in section 753.31 of the Revised Code.	1142

(2) "Computer," "computer network," "computer system,"	1143
"computer services," "telecommunications service," and	1144
"information service" have the same meanings as in section 2913.01	1145
of the Revised Code.	1146

(3) "Internet" has the same meaning as in section 341.42 of	1147
the Revised Code.	1148

(4) "Municipal correctional facility" means a municipal jail,	1149
municipal workhouse, minimum security jail, joint city and county	1150
workhouse, municipal-county correctional center,	1151
multicounty-municipal correctional center, municipal-county jail	1152
or workhouse, or multicounty-municipal jail or workhouse.	1153

(B) No municipal correctional officer shall provide a	1154
prisoner access to or permit a prisoner to have access to the	1155
internet through the use of a computer, computer network, computer	1156
system, computer services, telecommunications service, or	1157
information service unless both of the following apply:	1158

(1) The prisoner is participating in an approved educational	1159
program with direct supervision that requires the use of the	1160
internet for training or research purposes.	1161

(2) The provision of and access to the internet is in	1162
accordance with rules promulgated by the department of	1163
rehabilitation and correction pursuant to section 5120.62 of the	1164
Revised Code.	1165

(C)(1) No prisoner in a municipal correctional facility under	1166
the control of a municipal corporation shall access the internet	1167
through the use of a computer, computer network, computer system,	1168
computer services, telecommunications service, or information	1169
service unless both of the following apply:	1170

(a) The prisoner is participating in an approved educational	1171
program with direct supervision that requires the use of the	1172
internet for training or research purposes.	1173

(b) The provision of and access to the internet is in	1174
accordance with rules promulgated by the department of	1175
rehabilitation and correction pursuant to section 5120.62 of the	1176
Revised Code.	1177

(2) Whoever violates division (C)(1) of this section is	1178
guilty of improper internet access, a misdemeanor of the first	1179
degree.	1180

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

1181

(1) "Financial, "financial transaction device" has the same	1182
meaning as in section 301.28 of the Revised Code.	1183

(2) "Internet" means the international computer network of	1184
both federal and nonfederal interoperable packet switched data	1185
networks, including the graphical subnetwork called the world wide	1186
web.	1187

(B) A county auditor may establish procedures and take	1188
actions that are necessary to allow for either or both of the	1189
following:	1190

(1) The registration of dogs and kennels under this chapter	1191
via the internet;	1192

(2) The payment of dog and kennel registration fees under	1193
this chapter by financial transaction devices, including payment	1194
by financial transaction devices via the internet.	1195

Sec. 1306.16.  (A) A provision of a nonelectronic contract	1196
involving a consumer and to which a state agency or a county	1197
office is not a party that authorizes the conducting of a	1198
transaction or any part of a transaction by electronic means is	1199
unenforceable against the consumer, unless the consumer separately	1200
signs the provision.	1201

(B) A consumer's agreement to conduct a transaction or a part	1202
of a transaction electronically shall not be inferred solely from	1203
the fact that the consumer has used electronic means to pay an	1204
account or register a purchase or warranty.	1205

(C) Divisions (A) and (B) of this section apply to every	1206
transaction described in those divisions notwithstanding any other	1207
provision of sections 1306.01 to 1306.23 of the Revised Codethis	1208
chapter. This section shall not be varied by agreement.	1209

(D) For purposes of this section, both of the following	1210
apply:	1211

(1) "Consumer" means an individual who is involved in a	1212
transaction primarily for personal, family, or household purposes.	1213

(2) "State agency" means every organized body, office, or	1214
agency established by the laws of the state for the exercise of	1215
any function of state government.	1216

(3) "County office" means any officer, department, board,	1217
commission, agency, court, or other instrumentality of a county.	1218

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

1219

(1) "Advertisement" has the same meaning as in section	1220
4931.55 of the Revised Code.	1221

(2) "Computer," "computer network," "computer program,"	1222
"computer services," and "telecommunications device" have the same	1223
meanings as in section 2913.01 of the Revised Code.	1224

(3) "Electronic mail" means an electronic message that is	1225
transmitted between two or more telecommunications devices or	1226
electronic devices capable of receiving electronic messages,	1227
whether or not the message is converted to hard copy format after	1228
receipt, and whether or not the message is viewed upon the	1229
transmission or stored for later retrieval. "Electronic mail"	1230
includes electronic messages that are transmitted through a local,	1231
regional, or global computer network.	1232

(4) "Electronic mail advertisement" means electronic mail	1233
containing an advertisement.	1234

(5) "Electronic mail service provider" means any person that	1235
is an intermediary in sending and receiving electronic mail and	1236
that provides to users of electronic mail services the ability to	1237
send or receive electronic mail. "Electronic mail service	1238
provider" includes an internet service provider.	1239

(6) "Internet" has the same meaning as in section 341.42 of	1240
the Revised Code.	1241

(7) "Originating address" means the string of characters used	1242
to specify the source of any electronic mail message.	1243

(8)(7) "Person" has the same meaning as in section 1.59 of	1244
the Revised Code, but when a person is not an individual, the	1245
person responsible for transmitting or causing to be transmitted	1246
an electronic mail advertisement is the particular division of the	1247
partnership, corporation, or other business entity actually	1248
responsible for the transmission of the electronic mail	1249
advertisement.	1250

(9)(8) "Pre-existing business relationship" means that there	1251
was a business transaction between the initiator and the recipient	1252
of a commercial electronic mail message during the five-year	1253
period preceding the receipt of that message. A pre-existing	1254
business relationship includes a transaction involving the free	1255
provision of information, goods, or services requested by the	1256
recipient. A pre-existing business relationship does not exist	1257
after a recipient requests to be removed from the distribution	1258
lists of an initiator pursuant to division (B) of this section and	1259
a reasonable amount of time has expired since that request.	1260

(10)(9) "Receiving address" means the string of characters	1261
used to specify a recipient with each receiving address creating a	1262
unique and separate recipient.	1263

(11)(10) "Recipient" means a person who receives an	1264
electronic mail advertisement at any one of the following	1265
receiving addresses:	1266

(a) A receiving address furnished by an electronic mail	1267
service provider that bills for furnishing and maintaining that	1268
receiving address to a mailing address within this state;	1269

(b) A receiving address ordinarily accessed from a computer	1270
located within this state;	1271

(c) A receiving address ordinarily accessed by a person	1272
domiciled within this state;	1273

(d) Any other receiving address with respect to which the	1274
obligations imposed by this section can be imposed consistent with	1275
the United States Constitution.	1276

(B)(1) Except as otherwise provided in division (B)(3) of	1277
this section, a person that transmits or causes to be transmitted	1278
to a recipient an electronic mail advertisement shall clearly and	1279
conspicuously provide to the recipient, within the body of the	1280
electronic mail advertisement, both of the following:	1281

(a) The person's name and complete residence or business	1282
address and the electronic mail address of the person transmitting	1283
the electronic mail advertisement;	1284

(b) A notice that the recipient may decline to receive from	1285
the person transmitting or causing to be transmitted the	1286
electronic mail advertisement any additional electronic mail	1287
advertisements and a detailed procedure for declining to receive	1288
any additional electronic mail advertisements at no cost. The	1289
notice shall be of the same size of type as the majority of the	1290
text of the message and shall not require that the recipient	1291
provide any information other than the receiving address.	1292

(2) If the recipient of an electronic mail advertisement uses	1293
the procedure contained in the notice described in division	1294
(B)(1)(b) of this section to decline to receive any additional	1295
electronic mail advertisements, the person that transmitted or	1296
caused to be transmitted the original electronic mail	1297
advertisement, within a reasonable period of time, shall cease	1298
transmitting or causing to be transmitted to the receiving address	1299
any additional electronic mail advertisements.	1300

(3) A person does not violate division (B) of this section if	1301
the person transmits or causes to be transmitted to the recipient	1302
an electronic mail advertisement when any of the following apply:	1303

(a) The person has a pre-existing business or personal	1304
relationship with the recipient.	1305

(b) The recipient has consented or has agreed as a condition	1306
of service to receive the electronic mail advertisement.	1307

(c) The recipient receives the electronic mail advertisement	1308
because another recipient forwarded the advertisement to that	1309
recipient via an internet web site or another recipient made a	1310
direct referral of that recipient to receive the advertisement.	1311

(C) No person shall use a computer, a computer network, or	1312
the computer services of an electronic mail service provider to	1313
transmit an electronic mail advertisement in contravention of the	1314
authority granted by, or in violation of the policies related to	1315
electronic mail advertisements set by, the electronic mail service	1316
provider if the electronic mail service provider has provided the	1317
person notice of those policies. For the purposes of this	1318
division, notice of those policies shall be deemed sufficient if	1319
an electronic mail service provider maintains an easily accessible	1320
web page containing its policies regarding electronic mail	1321
advertisements and can demonstrate that notice was supplied via	1322
electronic means between the sending and receiving computers.	1323

(D) No electronic mail service provider shall be liable for	1324
transmitting another person's electronic mail advertisement	1325
through its service in violation of this section, or shall be	1326
liable for any action it voluntarily takes in good faith to block	1327
the receipt or transmission through its service of any electronic	1328
mail advertisement that it believes is, or will be sent, in	1329
violation of this section.	1330

(E) A recipient of an electronic mail advertisement	1331
transmitted in violation of division (B) of this section may bring	1332
a civil action against a person who transmitted that advertisement	1333
or caused it to be transmitted. In that action, the recipient may	1334
recover the following:	1335

(1) One hundred dollars for each violation, not to exceed a	1336
total of fifty thousand dollars;	1337

(2) Reasonable attorney's fees, court costs, and other costs	1338
of bringing the action.	1339

(F) An electronic mail service provider whose authority or	1340
policy has been contravened in violation of division (C) of this	1341
section may bring a civil action against a person who transmitted	1342
that advertisement or caused it to be transmitted. In that action,	1343
the electronic mail service provider may recover the following:	1344

(1)(a) Fifty dollars for each violation of division (C) of	1345
this section, not to exceed fifty thousand dollars;	1346

(b) If a violation of division (C) of this section is a	1347
willful or knowing violation, the court may increase the amount	1348
recoverable to an amount not to exceed five hundred thousand	1349
dollars.	1350

(c) If a violation of division (C) of this section is	1351
accompanied by a violation of division (H) of this section, there	1352
shall be no limit on the amount that may be recovered pursuant to	1353
this section.	1354

(2) Reasonable attorney's fees, court costs, and other costs	1355
of bringing the action.	1356

(G) In addition to any recovery that is allowed under	1357
divisions (E) or (F) of this section, the recipient of an	1358
electronic mail advertisement transmitted in violation of division	1359
(B) of this section or the electronic mail service provider of an	1360
advertisement transmitted in violation of division (C) of this	1361
section may apply to the court of common pleas of the county in	1362
which the recipient resides or the service provider is located for	1363
an order enjoining the person who transmitted or caused to be	1364
transmitted that electronic mail advertisement from transmitting	1365
or causing to be transmitted to the recipient any additional	1366
electronic mail advertisement.	1367

(H) No person shall use a computer, a computer network, a	1368
computer program, or the computer services of an electronic mail	1369
service provider with the intent to forge an originating address	1370
or other routing information, in any manner, in connection with	1371
the transmission of an electronic mail advertisement through or	1372
into the network of an electronic mail service provider or its	1373
subscribers. Each use of a computer, a computer network, a	1374
computer program, or the computer services of an electronic mail	1375
service provider in violation of this division constitutes a	1376
separate offense. A person who violates this division is guilty of	1377
forgery under section 2913.31 of the Revised Code.	1378

Sec. 3517.10.  (A) Except as otherwise provided in this	1379
division, every campaign committee, political action committee,	1380
legislative campaign fund, political party, and political	1381
contributing entity that made or received a contribution or made	1382
an expenditure in connection with the nomination or election of	1383
any candidate or in connection with any ballot issue or question	1384
at any election held or to be held in this state shall file, on a	1385
form prescribed under this section, by electronic means of	1386
transmission as provided in this section and section 3517.106 of	1387
the Revised Code, or, until March 1, 2004, on computer disk as	1388
provided in section 3517.106 of the Revised Code, a full, true,	1389
and itemized statement, made under penalty of election	1390
falsification, setting forth in detail the contributions and	1391
expenditures, no later than four p.m. of the following dates:	1392

(1) The twelfth day before the election to reflect	1393
contributions received and expenditures made from the close of	1394
business on the last day reflected in the last previously filed	1395
statement, if any, to the close of business on the twentieth day	1396
before the election;	1397

(2) The thirty-eighth day after the election to reflect the	1398
contributions received and expenditures made from the close of	1399
business on the last day reflected in the last previously filed	1400
statement, if any, to the close of business on the seventh day	1401
before the filing of the statement;	1402

(3) The last business day of January of every year to reflect	1403
the contributions received and expenditures made from the close of	1404
business on the last day reflected in the last previously filed	1405
statement, if any, to the close of business on the last day of	1406
December of the previous year.	1407

A campaign committee shall only be required to file the	1408
statements prescribed under divisions (A)(1) and (2) of this	1409
section in connection with the nomination or election of the	1410
committee's candidate.	1411

The statement required under division (A)(1) of this section	1412
shall not be required of any campaign committee, political action	1413
committee, legislative campaign fund, political party, or	1414
political contributing entity that has received contributions of	1415
less than one thousand dollars and has made expenditures of less	1416
than one thousand dollars at the close of business on the	1417
twentieth day before the election. Those contributions and	1418
expenditures shall be reported in the statement required under	1419
division (A)(2) of this section.	1420

If an election to select candidates to appear on the general	1421
election ballot is held within sixty days before a general	1422
election, the campaign committee of a successful candidate in the	1423
earlier election may file the statement required by division	1424
(A)(1) of this section for the general election instead of the	1425
statement required by division (A)(2) of this section for the	1426
earlier election if the pregeneral election statement reflects the	1427
status of contributions and expenditures for the period twenty	1428
days before the earlier election to twenty days before the general	1429
election.	1430

If a person becomes a candidate less than twenty days before	1431
an election, the candidate's campaign committee is not required to	1432
file the statement required by division (A)(1) of this section.	1433

No statement under division (A)(3) of this section shall be	1434
required for any year in which a campaign committee, political	1435
action committee, legislative campaign fund, political party, or	1436
political contributing entity is required to file a postgeneral	1437
election statement under division (A)(2) of this section. However,	1438
such a statement may be filed, at the option of the campaign	1439
committee, political action committee, legislative campaign fund,	1440
political party, or political contributing entity.	1441

No statement under division (A)(3) of this section shall be	1442
required if the campaign committee, political action committee,	1443
legislative campaign fund, political party, or political	1444
contributing entity has no contributions that it has received and	1445
no expenditures that it has made since the last date reflected in	1446
its last previously filed statement. However, the campaign	1447
committee, political action committee, legislative campaign fund,	1448
political party, or political contributing entity shall file a	1449
statement to that effect, on a form prescribed under this section	1450
and made under penalty of election falsification, on the date	1451
required in division (A)(3) of this section.	1452

The campaign committee of a statewide candidate shall file a	1453
monthly statement of contributions received during each of the	1454
months of July, August, and September in the year of the general	1455
election in which the candidate seeks office. The campaign	1456
committee of a statewide candidate shall file the monthly	1457
statement not later than three business days after the last day of	1458
the month covered by the statement. During the period beginning on	1459
the nineteenth day before the general election in which a	1460
statewide candidate seeks election to office and extending through	1461
the day of that general election, each time the campaign committee	1462
of the joint candidates for the offices of governor and lieutenant	1463
governor or of a candidate for the office of secretary of state,	1464
auditor of state, treasurer of state, or attorney general receives	1465
a contribution from a contributor that causes the aggregate amount	1466
of contributions received from that contributor during that period	1467
to equal or exceed two thousand five hundred dollars and each time	1468
the campaign committee of a candidate for the office of chief	1469
justice or justice of the supreme court receives a contribution	1470
from a contributor that causes the aggregate amount of	1471
contributions received from that contributor during that period to	1472
exceed five hundred dollars, the campaign committee shall file a	1473
two-business-day statement reflecting that contribution. During	1474
the period beginning on the nineteenth day before a primary	1475
election in which a candidate for statewide office seeks	1476
nomination to office and extending through the day of that primary	1477
election, each time either the campaign committee of a statewide	1478
candidate in that primary election that files a notice under	1479
division (C)(1) of section 3517.103 of the Revised Code or the	1480
campaign committee of a statewide candidate in that primary	1481
election to which, in accordance with division (D) of section	1482
3517.103 of the Revised Code, the contribution limitations	1483
prescribed in section 3517.102 of the Revised Code no longer apply	1484
receives a contribution from a contributor that causes the	1485
aggregate amount of contributions received from that contributor	1486
during that period to exceed two thousand five hundred dollars,	1487
the campaign committee shall file a two-business-day statement	1488
reflecting that contribution. Contributions reported on a	1489
two-business-day statement required to be filed by a campaign	1490
committee of a statewide candidate in a primary election shall	1491
also be included in the postprimary election statement required to	1492
be filed by that campaign committee under division (A)(2) of this	1493
section. A two-business-day statement required by this paragraph	1494
shall be filed not later than two business days after receipt of	1495
the contribution. The statements required by this paragraph shall	1496
be filed in addition to any other statements required by this	1497
section.	1498

Subject to the secretary of state having implemented, tested,	1499
and verified the successful operation of any system the secretary	1500
of state prescribes pursuant to divisions (C)(6)(b) and (D)(6) of	1501
this section and division (H)(1) of section 3517.106 of the	1502
Revised Code for the filing of campaign finance statements by	1503
electronic means of transmission, a campaign committee of a	1504
statewide candidate shall file a two-business-day statement under	1505
the preceding paragraph by electronic means of transmission if the	1506
campaign committee is required to file a preelection,	1507
postelection, or monthly statement of contributions and	1508
expenditures by electronic means of transmission under this	1509
section or section 3517.106 of the Revised Code.	1510

If a campaign committee or political action committee has no	1511
balance on hand and no outstanding obligations and desires to	1512
terminate itself, it shall file a statement to that effect, on a	1513
form prescribed under this section and made under penalty of	1514
election falsification, with the official with whom it files a	1515
statement under division (A) of this section after filing a final	1516
statement of contributions and a final statement of expenditures,	1517
if contributions have been received or expenditures made since the	1518
period reflected in its last previously filed statement.	1519

(B) Except as otherwise provided in division (C)(7) of this	1520
section, each statement required by division (A) of this section	1521
shall contain the following information:	1522

(1) The full name and address of each campaign committee,	1523
political action committee, legislative campaign fund, political	1524
party, or political contributing entity, including any treasurer	1525
of the committee, fund, party, or entity, filing a contribution	1526
and expenditure statement;	1527

(2)(a) In the case of a campaign committee, the candidate's	1528
full name and address;	1529

(b) In the case of a political action committee, the	1530
registration number assigned to the committee under division	1531
(D)(1) of this section.	1532

(3) The date of the election and whether it was or will be a	1533
general, primary, or special election;	1534

(4) A statement of contributions received, which shall	1535
include the following information:	1536

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

1537

(b)(i) The full name and address of each person, political	1538
party, campaign committee, legislative campaign fund, political	1539
action committee, or political contributing entity from whom	1540
contributions are received and the registration number assigned to	1541
the political action committee under division (D)(1) of this	1542
section. The requirement of filing the full address does not apply	1543
to any statement filed by a state or local committee of a	1544
political party, to a finance committee of such committee, or to a	1545
committee recognized by a state or local committee as its	1546
fund-raising auxiliary. Notwithstanding division (F)(1) of this	1547
section, the requirement of filing the full address shall be	1548
considered as being met if the address filed is the same address	1549
the contributor provided under division (E)(1) of this section.	1550

(ii) If a campaign committee of a statewide candidate or	1551
candidate for the office of member of the general assembly	1552
receives a contribution from an individual that exceeds one	1553
hundred dollars, the name of the individual's current employer, if	1554
any, or, if the individual is self-employed, the individual's	1555
occupation;	1556

(iii) If a campaign committee of a statewide candidate or	1557
candidate for the office of member of the general assembly	1558
receives a contribution transmitted pursuant to section 3599.031	1559
of the Revised Code from amounts deducted from the wages and	1560
salaries of two or more employees that exceeds in the aggregate	1561
one hundred dollars during any one filing period under division	1562
(A)(1), (2), or (3) of this section, the full name of the	1563
employees' employer and the full name of the labor organization of	1564
which the employees are members, if any.	1565

(c) A description of the contribution received, if other than	1566
money;	1567

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

1568

(e) A separately itemized account of all contributions and	1569
expenditures regardless of the amount, except a receipt of a	1570
contribution from a person in the sum of twenty-five dollars or	1571
less at one social or fund-raising activity and a receipt of a	1572
contribution transmitted pursuant to section 3599.031 of the	1573
Revised Code from amounts deducted from the wages and salaries of	1574
employees if the contribution from the amount deducted from the	1575
wages and salary of any one employee is twenty-five dollars or	1576
less aggregated in a calendar year. An account of the total	1577
contributions from each social or fund-raising activity shall	1578
include a description of and the value of each in-kind	1579
contribution received at that activity from any person who made	1580
one or more such contributions whose aggregate value exceeded two	1581
hundred fifty dollars and shall be listed separately, together	1582
with the expenses incurred and paid in connection with that	1583
activity. A campaign committee, political action committee,	1584
legislative campaign fund, political party, or political	1585
contributing entity shall keep records of contributions from each	1586
person in the amount of twenty-five dollars or less at one social	1587
or fund-raising activity and contributions from amounts deducted	1588
under section 3599.031 of the Revised Code from the wages and	1589
salary of each employee in the amount of twenty-five dollars or	1590
less aggregated in a calendar year. No continuing association that	1591
is recognized by a state or local committee of a political party	1592
as an auxiliary of the party and that makes a contribution from	1593
funds derived solely from regular dues paid by members of the	1594
auxiliary shall be required to list the name or address of any	1595
members who paid those dues.	1596

Contributions that are other income shall be itemized	1597
separately from all other contributions. The information required	1598
under division (B)(4) of this section shall be provided for all	1599
other income itemized. As used in this paragraph, "other income"	1600
means a loan, investment income, or interest income.	1601

(f) In the case of a campaign committee of a state elected	1602
officer, if a person doing business with the state elected officer	1603
in the officer's official capacity makes a contribution to the	1604
campaign committee of that officer, the information required under	1605
division (B)(4) of this section in regard to that contribution,	1606
which shall be filed together with and considered a part of the	1607
committee's statement of contributions as required under division	1608
(A) of this section but shall be filed on a separate form provided	1609
by the secretary of state. As used in division (B)(4)(f) of this	1610
section:	1611

(i) "State elected officer" has the same meaning as in	1612
section 3517.092 of the Revised Code.	1613

(ii) "Person doing business" means a person or an officer of	1614
an entity who enters into one or more contracts with a state	1615
elected officer or anyone authorized to enter into contracts on	1616
behalf of that officer to receive payments for goods or services,	1617
if the payments total, in the aggregate, more than five thousand	1618
dollars during a calendar year.	1619

(5) A statement of expenditures which shall include the	1620
following information:	1621

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

1622

(b) The full name and address of each person, political	1623
party, campaign committee, legislative campaign fund, political	1624
action committee, or political contributing entity to whom the	1625
expenditure was made and the registration number assigned to the	1626
political action committee under division (D)(1) of this section;	1627

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

1628

(d) The amount of each expenditure.

1629

(C)(1) The statement of contributions and expenditures shall	1630
be signed by the person completing the form. If a statement of	1631
contributions and expenditures is filed by electronic means of	1632
transmission pursuant to this section or section 3517.106 of the	1633
Revised Code, the electronic signature of the person who executes	1634
the statement and transmits the statement by electronic means of	1635
transmission, as provided in division (H) of section 3517.106 of	1636
the Revised Code, shall be attached to or associated with the	1637
statement and shall be binding on all persons and for all purposes	1638
under the campaign finance reporting law as if the signature had	1639
been handwritten in ink on a printed form.	1640

(2) The person filing the statement, under penalty of	1641
election falsification, shall include with it a list of each	1642
anonymous contribution, the circumstances under which it was	1643
received, and the reason it cannot be attributed to a specific	1644
donor.	1645

(3) Each statement of a campaign committee of a candidate who	1646
holds public office shall contain a designation of each	1647
contributor who is an employee in any unit or department under the	1648
candidate's direct supervision and control. In a space provided in	1649
the statement, the person filing the statement shall affirm that	1650
each such contribution was voluntarily made.	1651

(4) A campaign committee that did not receive contributions	1652
or make expenditures in connection with the nomination or election	1653
of its candidate shall file a statement to that effect, on a form	1654
prescribed under this section and made under penalty of election	1655
falsification, on the date required in division (A)(2) of this	1656
section.	1657

(5) The campaign committee of any person who attempts to	1658
become a candidate and who, for any reason, does not become	1659
certified in accordance with Title XXXV of the Revised Code for	1660
placement on the official ballot of a primary, general, or special	1661
election to be held in this state, and who, at any time prior to	1662
or after an election, receives contributions or makes	1663
expenditures, or has given consent for another to receive	1664
contributions or make expenditures, for the purpose of bringing	1665
about the person's nomination or election to public office, shall	1666
file the statement or statements prescribed by this section and a	1667
termination statement, if applicable. This paragraph does not	1668
apply to any person with respect to an election to the offices of	1669
member of a county or state central committee, presidential	1670
elector, or delegate to a national convention or conference of a	1671
political party.	1672

(6)(a) The statements required to be filed under this section	1673
shall specify the balance in the hands of the campaign committee,	1674
political action committee, legislative campaign fund, political	1675
party, or political contributing entity and the disposition	1676
intended to be made of that balance.	1677

(b) The secretary of state shall prescribe the form for all	1678
statements required to be filed under this section and shall	1679
furnish the forms to the boards of elections in the several	1680
counties. The boards of elections shall supply printed copies of	1681
those forms without charge. The secretary of state shall prescribe	1682
the appropriate methodology, protocol, and data file structure for	1683
statements required or permitted to be filed by electronic means	1684
of transmission under division (A) of this section and divisions	1685
(E), (F), and (G) of section 3517.106 of the Revised Code and for	1686
statements permitted to be filed on computer disk under division	1687
(F) of section 3517.106 of the Revised Code. Subject to division	1688
(A) of this section and divisions (E), (F), and (G) of section	1689
3517.106 of the Revised Code, the statements required to be stored	1690
on computer by the secretary of state under division (B) of	1691
section 3517.106 of the Revised Code shall be filed in whatever	1692
format the secretary of state considers necessary to enable the	1693
secretary of state to store the information contained in the	1694
statements on computer. Any such format shall be of a type and	1695
nature that is readily available to whoever is required to file	1696
the statements in that format.	1697

(c) The secretary of state shall assess the need for training	1698
regarding the filing of campaign finance statements by electronic	1699
means of transmission and regarding associated technologies for	1700
candidates, campaign committees, political action committees,	1701
legislative campaign funds, political parties, political	1702
contributing entities, or individuals, partnerships, or other	1703
entities required or permitted to file statements by electronic	1704
means of transmission under this section or section 3517.105 or	1705
3517.106 of the Revised Code. If, in the opinion of the secretary	1706
of state, training in these areas is necessary, the secretary of	1707
state shall arrange for the provision of voluntary training	1708
programs for candidates, campaign committees, political action	1709
committees, legislative campaign funds, political parties,	1710
political contributing entities, and individuals, partnerships,	1711
and other entities.	1712

(7) Each monthly statement and each two-business-day	1713
statement required by division (A) of this section shall contain	1714
the information required by divisions (B)(1) to (4), (C)(2), and,	1715
if appropriate, (C)(3) of this section. Each statement shall be	1716
signed as required by division (C)(1) of this section.	1717

(D)(1) Prior to receiving a contribution or making an	1718
expenditure, every campaign committee, political action committee,	1719
legislative campaign fund, political party, or political	1720
contributing entity shall appoint a treasurer and shall file, on a	1721
form prescribed by the secretary of state, a designation of that	1722
appointment, including the full name and address of the treasurer	1723
and of the campaign committee, political action committee,	1724
legislative campaign fund, political party, or political	1725
contributing entity. That designation shall be filed with the	1726
official with whom the campaign committee, political action	1727
committee, legislative campaign fund, political party, or	1728
political contributing entity is required to file statements under	1729
section 3517.11 of the Revised Code. The name of a campaign	1730
committee shall include at least the last name of the campaign	1731
committee's candidate. The secretary of state shall assign a	1732
registration number to each political action committee that files	1733
a designation of the appointment of a treasurer under division	1734
(D)(1) of this section if the political action committee is	1735
required by division (A)(1) of section 3517.11 of the Revised Code	1736
to file the statements prescribed by this section with the	1737
secretary of state.	1738

(2) The treasurer appointed under division (D)(1) of this	1739
section shall keep a strict account of all contributions, from	1740
whom received and the purpose for which they were disbursed.	1741

(3)(a) Except as otherwise provided in section 3517.108 of	1742
the Revised Code, a campaign committee shall deposit all monetary	1743
contributions received by the committee into an account separate	1744
from a personal or business account of the candidate or campaign	1745
committee.	1746

(b) A political action committee shall deposit all monetary	1747
contributions received by the committee into an account separate	1748
from all other funds.	1749

(c) A state or county political party may establish a state	1750
candidate fund that is separate from an account that contains the	1751
public moneys received from the Ohio political party fund under	1752
section 3517.17 of the Revised Code and from all other funds. A	1753
state or county political party may deposit into its state	1754
candidate fund any amounts of monetary contributions that are made	1755
to or accepted by the political party subject to the applicable	1756
limitations, if any, prescribed in section 3517.102 of the Revised	1757
Code. A state or county political party shall deposit all other	1758
monetary contributions received by the party into one or more	1759
accounts that are separate from its state candidate fund and from	1760
its account that contains the public moneys received from the Ohio	1761
political party fund under section 3517.17 of the Revised Code.	1762

(d) Each state political party shall have only one	1763
legislative campaign fund for each house of the general assembly.	1764
Each such fund shall be separate from any other funds or accounts	1765
of that state party. A legislative campaign fund is authorized to	1766
receive contributions and make expenditures for the primary	1767
purpose of furthering the election of candidates who are members	1768
of that political party to the house of the general assembly with	1769
which that legislative campaign fund is associated. Each	1770
legislative campaign fund shall be administered and controlled in	1771
a manner designated by the caucus. As used in division (D)(3)(d)	1772
of this section, "caucus" has the same meaning as in section	1773
3517.01 of the Revised Code and includes, as an ex officio member,	1774
the chairperson of the state political party with which the caucus	1775
is associated or that chairperson's designee.	1776

(4) Every expenditure in excess of twenty-five dollars shall	1777
be vouched for by a receipted bill, stating the purpose of the	1778
expenditures, that shall be filed with the statement of	1779
expenditures. A canceled check with a notation of the purpose of	1780
the expenditure is a receipted bill for purposes of division	1781
(D)(4) of this section.	1782

(5) The secretary of state or the board of elections, as the	1783
case may be, shall issue a receipt for each statement filed under	1784
this section and shall preserve a copy of the receipt for a period	1785
of at least six years. All statements filed under this section	1786
shall be open to public inspection in the office where they are	1787
filed and shall be carefully preserved for a period of at least	1788
six years after the year in which they are filed.	1789

(6) The secretary of state, by rule adopted pursuant to	1790
section 3517.23 of the Revised Code, shall prescribe the manner of	1791
immediately acknowledging, with date and time received, and	1792
preserving the receipt of statements that are transmitted by	1793
electronic means of transmission to the secretary of state	1794
pursuant to this section or section 3517.106 of the Revised Code	1795
and the manner of preserving the contribution and expenditure	1796
information in those statements. The secretary of state shall	1797
preserve the contribution and expenditure information in those	1798
statements for at least ten years after the year in which they are	1799
filed by electronic means of transmission.	1800

(7) The secretary of state, pursuant to division (I) of	1801
section 3517.106 of the Revised Code, shall make available online	1802
to the public through the internet the contribution and	1803
expenditure information in all statements, all addenda,	1804
amendments, or other corrections to statements, and all amended	1805
statements filed with the secretary of state by electronic or	1806
other means of transmission under this section, division (B)(2)(b)	1807
or (C)(2)(b) of section 3517.105, or section 3517.106 or 3517.11	1808
of the Revised Code. The secretary of state may remove the	1809
information from the internet after a reasonable period of time.	1810

(E)(1) Any person, political party, campaign committee,	1811
legislative campaign fund, political action committee, or	1812
political contributing entity that makes a contribution in	1813
connection with the nomination or election of any candidate or in	1814
connection with any ballot issue or question at any election held	1815
or to be held in this state shall provide its full name and	1816
address to the recipient of the contribution at the time the	1817
contribution is made. The political action committee also shall	1818
provide the registration number assigned to the committee under	1819
division (D)(1) of this section to the recipient of the	1820
contribution at the time the contribution is made.	1821

(2) Any individual who makes a contribution that exceeds one	1822
hundred dollars to a campaign committee of a statewide candidate	1823
or candidate for the office of member of the general assembly	1824
shall provide the name of the individual's current employer, if	1825
any, or, if the individual is self-employed, the individual's	1826
occupation to the recipient of the contribution at the time the	1827
contribution is made. Sections 3599.39 and 3599.40 of the Revised	1828
Code do not apply to division (E)(2) of this section.	1829

(3) If a campaign committee shows that it has exercised its	1830
best efforts to obtain, maintain, and submit the information	1831
required under divisions (B)(4)(b)(ii) and (iii) of this section,	1832
that committee is considered to have met the requirements of those	1833
divisions. A campaign committee shall not be considered to have	1834
exercised its best efforts unless, in connection with written	1835
solicitations, it regularly includes a written request for the	1836
information required under division (B)(4)(b)(ii) of this section	1837
from the contributor or the information required under division	1838
(B)(4)(b)(iii) of this section from whoever transmits the	1839
contribution.	1840

(4) Any check that a political action committee uses to make	1841
a contribution or an expenditure shall contain the full name and	1842
address of the committee and the registration number assigned to	1843
the committee under division (D)(1) of this section.	1844

(F) As used in this section:

1845

(1) "Address" means all of the following if they exist:	1846
apartment number, street, road, or highway name and number, rural	1847
delivery route number, city or village, state, and zip code as	1848
used in a person's post-office address, but not post-office box.	1849
If an address is required in this section, a post-office box and	1850
office, room, or suite number may be included in addition to but	1851
not in lieu of an apartment, street, road, or highway name and	1852
number. If an address is required in this section, a campaign	1853
committee, political action committee, legislative campaign fund,	1854
political party, or political contributing entity may use the	1855
business or residence address of its treasurer or deputy	1856
treasurer. The post-office box number of the campaign committee,	1857
political action committee, legislative campaign fund, political	1858
party, or political contributing entity may be used in addition to	1859
that address.	1860

(2) "Statewide candidate" means the joint candidates for the	1861
offices of governor and lieutenant governor or a candidate for the	1862
office of secretary of state, auditor of state, treasurer of	1863
state, attorney general, member of the state board of education,	1864
chief justice of the supreme court, or justice of the supreme	1865
court.	1866

(3) "Internet" has the same meaning as in section 3517.106 of	1867
the Revised Code.	1868

(G) An independent expenditure shall be reported whenever and	1869
in the same manner that an expenditure is required to be reported	1870
under this section and shall be reported pursuant to division	1871
(B)(2)(a) or (C)(2)(a) of section 3517.105 of the Revised Code.	1872

(H)(1) Except as otherwise provided in division (H)(2) of	1873
this section, if, during the combined preelection and postelection	1874
reporting periods for an election, a campaign committee has	1875
received contributions of five hundred dollars or less and has	1876
made expenditures in the total amount of five hundred dollars or	1877
less, it may file a statement to that effect, under penalty of	1878
election falsification, in lieu of the statement required by	1879
division (A)(2) of this section. The statement shall indicate the	1880
total amount of contributions received and the total amount of	1881
expenditures made during those combined reporting periods.	1882

(2) In the case of a successful candidate at a primary	1883
election, if either the total contributions received by or the	1884
total expenditures made by the candidate's campaign committee	1885
during the preprimary, postprimary, pregeneral, and postgeneral	1886
election periods combined equal more than five hundred dollars,	1887
the campaign committee may file the statement under division	1888
(H)(1) of this section only for the primary election. The first	1889
statement that the campaign committee files in regard to the	1890
general election shall reflect all contributions received and all	1891
expenditures made during the preprimary and postprimary election	1892
periods.	1893

(3) Divisions (H)(1) and (2) of this section do not apply if	1894
a campaign committee receives contributions or makes expenditures	1895
prior to the first day of January of the year of the election at	1896
which the candidate seeks nomination or election to office or if	1897
the campaign committee does not file a termination statement with	1898
its postprimary election statement in the case of an unsuccessful	1899
primary election candidate or with its postgeneral election	1900
statement in the case of other candidates.	1901

(I) In the case of a contribution made by a partnership or	1902
unincorporated business, all of the following apply:	1903

(1) The recipient of the contribution shall report the	1904
contribution by listing both the partnership or unincorporated	1905
business and the name of the partner or owner making the	1906
contribution.	1907

(2) For purposes of section 3517.102 of the Revised Code, the	1908
contribution shall be considered to have been made by the partner	1909
or owner reported under division (I)(1) of this section.	1910

(3) No contribution from a partnership or unincorporated	1911
business shall be accepted unless the recipient reports the	1912
contribution under division (I)(1) of this section.	1913

(J) A candidate shall have only one campaign committee at any	1914
given time for all of the offices for which the person is a	1915
candidate or holds office.	1916

(K)(1) In addition to filing a designation of appointment of	1917
a treasurer under division (D)(1) of this section, the campaign	1918
committee of any candidate for an elected municipal office that	1919
pays an annual amount of compensation of five thousand dollars or	1920
less, the campaign committee of any candidate for member of a	1921
board of education except member of the state board of education,	1922
or the campaign committee of any candidate for township trustee or	1923
township clerk may sign, under penalty of election falsification,	1924
a certificate attesting that the committee will not accept	1925
contributions during an election period that exceed in the	1926
aggregate two thousand dollars from all contributors and one	1927
hundred dollars from any one individual, and that the campaign	1928
committee will not make expenditures during an election period	1929
that exceed in the aggregate two thousand dollars.	1930

The certificate shall be on a form prescribed by the	1931
secretary of state and shall be filed not later than ten days	1932
after the candidate files a declaration of candidacy and petition,	1933
a nominating petition, or a declaration of intent to be a write-in	1934
candidate.	1935

(2) Except as otherwise provided in division (K)(3) of this	1936
section, a campaign committee that files a certificate under	1937
division (K)(1) of this section is not required to file the	1938
statements required by division (A) of this section 3517.10 of the	1939
Revised Code.	1940

(3) If, after filing a certificate under division (K)(1) of	1941
this section, a campaign committee exceeds any of the limitations	1942
described in that division during an election period, the	1943
certificate is void and thereafter the campaign committee shall	1944
file the statements required by division (A) of this section	1945
3517.10 of the Revised Code. If the campaign committee has not	1946
previously filed a statement, then on the first statement the	1947
campaign committee is required to file under division (A) of this	1948
section 3517.10 of the Revised Code after the committee's	1949
certificate is void, the committee shall report all contributions	1950
received and expenditures made from the time the candidate filed	1951
the candidate's declaration of candidacy and petition, nominating	1952
petition, or declaration of intent to be a write-in candidate.	1953

(4) As used in division (K) of this section, "election	1954
period" means the period of time beginning on the day a person	1955
files a declaration of candidacy and petition, nominating	1956
petition, or declaration of intent to be a write-in candidate	1957
through the day of the election at which the person seeks	1958
nomination to office if the person is not elected to office, or,	1959
if the candidate was nominated in a primary election, the day of	1960
the election at which the candidate seeks office.	1961

(L) Notwithstanding division (B)(4) of this section, a	1962
political contributing entity that receives contributions from the	1963
dues, membership fees, or other assessments of its members or from	1964
its officers, shareholders, and employees may report the aggregate	1965
amount of contributions received from those contributors and the	1966
number of individuals making those contributions, for each filing	1967
period identified under divisions (A)(1), (2), and (3) of this	1968
section. Division (B)(4) of this section applies to a political	1969
contributing entity with regard to contributions it receives from	1970
all other contributors.	1971

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

1972

(1) "Internet" means the international computer network of	1973
both federal and nonfederal interoperable packet switched data	1974
networks, including the graphical subnetwork called the world wide	1975
web.	1976

(2) "Statewide office" means any of the offices of governor,	1977
lieutenant governor, secretary of state, auditor of state,	1978
treasurer of state, attorney general, chief justice of the supreme	1979
court, and justice of the supreme court.	1980

(3)(2) "Addendum to a statement" includes an amendment or	1981
other correction to that statement.	1982

(B) The secretary of state shall store on computer the	1983
information contained in statements of contributions and	1984
expenditures and monthly statements required to be filed under	1985
section 3517.10 of the Revised Code and in statements of	1986
independent expenditures required to be filed under section	1987
3517.105 of the Revised Code by any of the following:	1988

(1) The campaign committees of candidates for statewide	1989
office;	1990

(2) The political action committees and political	1991
contributing entities described in division (A)(1) of section	1992
3517.11 of the Revised Code;	1993

(3) Legislative campaign funds;

1994

(4) State political parties;

1995

(5) Individuals, partnerships, corporations, labor	1996
organizations, or other entities that make independent	1997
expenditures in support of or opposition to a statewide candidate	1998
or a statewide ballot issue or question;	1999

(6) The campaign committees of candidates for the office of	2000
member of the general assembly.	2001

(C)(1) The secretary of state shall make available to the	2002
campaign committees, political action committees, political	2003
contributing entities, legislative campaign funds, political	2004
parties, individuals, partnerships, corporations, labor	2005
organizations, and other entities described in division (B) of	2006
this section, and to members of the news media and other	2007
interested persons, for a reasonable fee, computer programs that	2008
are compatible with the secretary of state's method of storing the	2009
information contained in the statements.	2010

(2) The secretary of state shall make the information	2011
required to be stored under division (B) of this section available	2012
on computer at the secretary of state's office so that, to the	2013
maximum extent feasible, individuals may obtain at the secretary	2014
of state's office any part or all of that information for any	2015
given year, subject to the limitation expressed in division (D) of	2016
this section.	2017

(D) The secretary of state shall keep the information stored	2018
on computer under division (B) of this section for at least six	2019
years.	2020

(E)(1) Subject to the secretary of state having implemented,	2021
tested, and verified the successful operation of any system the	2022
secretary of state prescribes pursuant to division (H)(1) of this	2023
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of	2024
the Revised Code for the filing of campaign finance statements by	2025
electronic means of transmission, the campaign committee of each	2026
candidate for statewide office may file the statements prescribed	2027
by section 3517.10 of the Revised Code by electronic means of	2028
transmission or, if the total amount of the contributions received	2029
or the total amount of the expenditures made by the campaign	2030
committee for the applicable reporting period as specified in	2031
division (A) of section 3517.10 of the Revised Code exceeds ten	2032
thousand dollars, shall file those statements by electronic means	2033
of transmission.	2034

Except as otherwise provided in this division, within five	2035
business days after a statement filed by a campaign committee of a	2036
candidate for statewide office is received by the secretary of	2037
state by electronic or other means of transmission, the secretary	2038
of state shall make available online to the public through the	2039
internet, as provided in division (I) of this section, the	2040
contribution and expenditure information in that statement. The	2041
secretary of state shall not make available online to the public	2042
through the internet any contribution or expenditure information	2043
contained in a statement for any candidate until the secretary of	2044
state is able to make available online to the public through the	2045
internet the contribution and expenditure information for all	2046
candidates for a particular office. As soon as the secretary of	2047
state has available all of that information, the secretary of	2048
state shall simultaneously make available online to the public	2049
through the internet the information for all candidates for a	2050
particular office.	2051

If a statement filed by electronic means of transmission is	2052
found to be incomplete or inaccurate after the examination of the	2053
statement for completeness and accuracy pursuant to division	2054
(B)(3)(a) of section 3517.11 of the Revised Code, the campaign	2055
committee shall file by electronic means of transmission any	2056
addendum to the statement that provides the information necessary	2057
to complete or correct the statement or, if required by the	2058
secretary of state under that division, an amended statement.	2059

Within five business days after the secretary of state	2060
receives from a campaign committee of a candidate for statewide	2061
office an addendum to the statement or an amended statement by	2062
electronic or other means of transmission under this division or	2063
division (B)(3)(a) of section 3517.11 of the Revised Code, the	2064
secretary of state shall make the contribution and expenditure	2065
information in the addendum or amended statement available online	2066
to the public through the internet as provided in division (I) of	2067
this section.	2068

(2) Subject to division (E)(3) of this section and subject to	2069
the secretary of state having implemented, tested, and verified	2070
the successful operation of any system the secretary of state	2071
prescribes pursuant to division (H)(1) of this section and	2072
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised	2073
Code for the filing of campaign finance statements by electronic	2074
means of transmission, a political action committee and a	2075
political contributing entity described in division (B)(2) of this	2076
section, a legislative campaign fund, and a state political party	2077
may file the statements prescribed by section 3517.10 of the	2078
Revised Code by electronic means of transmission.	2079

Within five business days after a statement filed by a	2080
political action committee or a political contributing entity	2081
described in division (B)(2) of this section, a legislative	2082
campaign fund, or a state political party is received by the	2083
secretary of state by electronic or other means of transmission,	2084
the secretary of state shall make available online to the public	2085
through the internet, as provided in division (I) of this section,	2086
the contribution and expenditure information in that statement.	2087

If a statement filed by electronic means of transmission is	2088
found to be incomplete or inaccurate after the examination of the	2089
statement for completeness and accuracy pursuant to division	2090
(B)(3)(a) of section 3517.11 of the Revised Code, the political	2091
action committee, political contributing entity, legislative	2092
campaign fund, or state political party shall file by electronic	2093
means of transmission any addendum to the statement that provides	2094
the information necessary to complete or correct the statement or,	2095
if required by the secretary of state under that division, an	2096
amended statement.	2097

Within five business days after the secretary of state	2098
receives from a political action committee or a political	2099
contributing entity described in division (B)(2) of this section,	2100
a legislative campaign fund, or a state political party an	2101
addendum to the statement or an amended statement by electronic or	2102
other means of transmission under this division or division	2103
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of	2104
state shall make the contribution and expenditure information in	2105
the addendum or amended statement available online to the public	2106
through the internet as provided in division (I) of this section.	2107

(3) Subject to the secretary of state having implemented,	2108
tested, and verified the successful operation of any system the	2109
secretary of state prescribes pursuant to division (H)(1) of this	2110
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of	2111
the Revised Code for the filing of campaign finance statements by	2112
electronic means of transmission, a political action committee and	2113
a political contributing entity described in division (B)(2) of	2114
this section, a legislative campaign fund, and a state political	2115
party shall file the statements prescribed by section 3517.10 of	2116
the Revised Code by electronic means of transmission if the total	2117
amount of the contributions received or the total amount of the	2118
expenditures made by the political action committee, political	2119
contributing entity, legislative campaign fund, or political party	2120
for the applicable reporting period as specified in division (A)	2121
of section 3517.10 of the Revised Code exceeds ten thousand	2122
dollars.	2123

Within five business days after a statement filed by a	2124
political action committee or a political contributing entity	2125
described in division (B)(2) of this section, a legislative	2126
campaign fund, or a state political party is received by the	2127
secretary of state by electronic or other means of transmission,	2128
the secretary of state shall make available online to the public	2129
through the internet, as provided in division (I) of this section,	2130
the contribution and expenditure information in that statement.	2131

If a statement filed by electronic means of transmission is	2132
found to be incomplete or inaccurate after the examination of the	2133
statement for completeness and accuracy pursuant to division	2134
(B)(3)(a) of section 3517.11 of the Revised Code, the political	2135
action committee, political contributing entity, legislative	2136
campaign fund, or state political party shall file by electronic	2137
means of transmission any addendum to the statement that provides	2138
the information necessary to complete or correct the statement or,	2139
if required by the secretary of state under that division, an	2140
amended statement.	2141

Within five business days after the secretary of state	2142
receives from a political action committee or a political	2143
contributing entity described in division (B)(2) of this section,	2144
a legislative campaign fund, or a state political party an	2145
addendum to the statement or an amended statement by electronic or	2146
other means of transmission under this division or division	2147
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of	2148
state shall make the contribution and expenditure information in	2149
the addendum or amended statement available online to the public	2150
through the internet as provided in division (I) of this section.	2151

(F)(1) Subject to division (F)(4) of this section and subject	2152
to the secretary of state having implemented, tested, and verified	2153
the successful operation of any system the secretary of state	2154
prescribes pursuant to division (H)(1) of this section and	2155
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised	2156
Code for the filing of campaign finance statements by electronic	2157
means of transmission or on computer disk, a campaign committee of	2158
a candidate for the office of member of the general assembly may	2159
file the statements prescribed by section 3517.10 of the Revised	2160
Code by electronic means of transmission to the office of the	2161
secretary of state or, until March 1, 2004, on computer disk with	2162
the appropriate board of elections specified in division (A)(2) of	2163
section 3517.11 of the Revised Code.	2164

Except as otherwise provided in this division, within five	2165
business days after a statement filed by a campaign committee of a	2166
candidate for the office of member of the general assembly is	2167
received by the secretary of state by electronic or other means of	2168
transmission, the secretary of state shall make available online	2169
to the public through the internet, as provided in division (I) of	2170
this section, the contribution and expenditure information in that	2171
statement. The secretary of state shall not make available online	2172
to the public through the internet any contribution or expenditure	2173
information contained in a statement for any candidate until the	2174
secretary of state is able to make available online to the public	2175
through the internet the contribution and expenditure information	2176
for all candidates for a particular office. As soon as the	2177
secretary of state has available all of that information, the	2178
secretary of state shall simultaneously make available online to	2179
the public through the internet the information for all candidates	2180
for a particular office.	2181

If a statement filed by electronic means of transmission or	2182
on computer disk is found to be incomplete or inaccurate after the	2183
examination of the statement for completeness and accuracy	2184
pursuant to division (B)(3)(a) of section 3517.11 of the Revised	2185
Code, the campaign committee shall file by electronic means of	2186
transmission to the office of the secretary of state, or, until	2187
March 1, 2004, on computer disk with the appropriate board of	2188
elections if the original statement was filed on computer disk,	2189
any addendum to the statement that provides the information	2190
necessary to complete or correct the statement or, if required by	2191
the secretary of state under that division, an amended statement.	2192

Within five business days after the secretary of state	2193
receives from a campaign committee of a candidate for the office	2194
of member of the general assembly an addendum to the statement or	2195
an amended statement by electronic or other means of transmission	2196
under this division or division (B)(3)(a) of section 3517.11 of	2197
the Revised Code, the secretary of state shall make the	2198
contribution and expenditure information in the addendum or	2199
amended statement available online to the public through the	2200
internet as provided in division (I) of this section.	2201

(2) Until March 1, 2004, if a campaign committee of a	2202
candidate for the office of member of the general assembly files a	2203
statement of contributions and expenditures, an addendum to the	2204
statement, or an amended statement by electronic means of	2205
transmission or on computer disk pursuant to division (F)(1) of	2206
this section, the campaign committee shall file as prescribed by	2207
section 3517.10 of the Revised Code with the appropriate board of	2208
elections specified in division (A)(2) of section 3517.11 of the	2209
Revised Code a printed version of the statement, addendum, or	2210
amended statement filed by electronic means of transmission or on	2211
computer disk, in the format that the secretary of state shall	2212
prescribe. If a statement, addendum, or amended statement is not	2213
filed by electronic means of transmission or on computer disk but	2214
is filed by printed version only, the campaign committee shall	2215
file two copies of the printed version of the statement, addendum,	2216
or amended statement with the appropriate board of elections. The	2217
board of elections shall send one of those copies by overnight	2218
delivery service to the secretary of state before the close of	2219
business on the day the board of elections receives the statement,	2220
addendum, or amended statement.	2221

(3)(a) Subject to division (F)(4) of this section and subject	2222
to the secretary of state having implemented, tested, and verified	2223
the successful operation of any system the secretary of state	2224
prescribes pursuant to division (H)(1) of this section and	2225
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised	2226
Code for the filing of campaign finance statements by electronic	2227
means of transmission or on computer disk, the secretary of state	2228
shall assess, and a campaign committee of a candidate for the	2229
office of member of the general assembly shall pay, a fee as	2230
provided in this division if the campaign committee has not filed	2231
the campaign finance statements prescribed by section 3517.10 of	2232
the Revised Code by electronic means of transmission or on	2233
computer disk pursuant to division (F)(1) of this section. The fee	2234
shall be calculated on the total contributions received for the	2235
applicable reporting period specified in division (A) of section	2236
3517.10 of the Revised Code as follows:	2237

(i) No fee for total contributions up to and including ten	2238
thousand dollars;	2239

(ii) A fee of fifty dollars for total contributions of over	2240
ten thousand dollars up to and including twenty-five thousand	2241
dollars;	2242

(iii) A fee of one hundred fifty dollars for total	2243
contributions over twenty-five thousand dollars up to and	2244
including fifty thousand dollars;	2245

(iv) A fee of two hundred dollars for total contributions	2246
over fifty thousand dollars.	2247

(b) No campaign committee of a candidate for the office of	2248
member of the general assembly shall be required to pay the fee	2249
prescribed by division (F)(3)(a) of this section in connection	2250
with the filing of an addendum to a statement of contributions and	2251
expenditures or in connection with the filing of an amended	2252
statement.	2253

(c) The fee prescribed by division (F)(3)(a) of this section	2254
shall be made payable to the secretary of state and shall be	2255
collected by the appropriate board of elections at the time the	2256
campaign committee of a candidate for the office of member of the	2257
general assembly files the statement of contributions and	2258
expenditures. The fee shall be sent along with the statement,	2259
before the close of business on the day it is received, to the	2260
secretary of state by overnight delivery service.	2261

(4) Subject to the secretary of state having implemented,	2262
tested, and verified the successful operation of any system the	2263
secretary of state prescribes pursuant to division (H)(1) of this	2264
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of	2265
the Revised Code for the filing of campaign finance statements by	2266
electronic means of transmission, on and after March 1, 2004, a	2267
campaign committee of a candidate for the office of member of the	2268
general assembly shall file the statements prescribed by section	2269
3517.10 of the Revised Code by electronic means of transmission to	2270
the secretary of state if the total amount of the contributions	2271
received by the campaign committee for the applicable reporting	2272
period as specified in division (A) of section 3517.10 of the	2273
Revised Code exceeds ten thousand dollars.	2274

Except as otherwise provided in this division, within five	2275
business days after a statement filed by a campaign committee of a	2276
candidate for the office of member of the general assembly is	2277
received by the secretary of state by electronic or other means of	2278
transmission, the secretary of state shall make available online	2279
to the public through the internet, as provided in division (I) of	2280
this section, the contribution and expenditure information in that	2281
statement. The secretary of state shall not make available online	2282
to the public through the internet any contribution or expenditure	2283
information contained in a statement for any candidate until the	2284
secretary of state is able to make available online to the public	2285
through the internet the contribution and expenditure information	2286
for all candidates for a particular office. As soon as the	2287
secretary of state has available all of that information, the	2288
secretary of state shall simultaneously make available online to	2289
the public through the internet the information for all candidates	2290
for a particular office.	2291

If a statement filed by electronic means of transmission is	2292
found to be incomplete or inaccurate after the examination of the	2293
statement for completeness and accuracy pursuant to division	2294
(B)(3)(a) of section 3517.11 of the Revised Code, the campaign	2295
committee of a candidate for the office of member of the general	2296
assembly shall file by electronic means of transmission any	2297
addendum to the statement that provides the information necessary	2298
to complete or correct the statement or, if required by the	2299
secretary of state under that division, an amended statement.	2300

Within five business days after the secretary of state	2301
receives from a campaign committee of a candidate for the office	2302
of member of the general assembly an addendum to the statement or	2303
an amended statement by electronic or other means of transmission	2304
under this division or division (B)(3)(a) of section 3517.11 of	2305
the Revised Code, the secretary of state shall make the	2306
contribution and expenditure information in the addendum or	2307
amended statement available online to the public through the	2308
internet as provided in division (I) of this section.	2309

(G)(1) Subject to division (G)(2) of this section and subject	2310
to the secretary of state having implemented, tested, and verified	2311
the successful operation of any system the secretary of state	2312
prescribes pursuant to division (H)(1) of this section and	2313
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised	2314
Code for the filing of campaign finance statements by electronic	2315
means of transmission, any individual, partnership, or other	2316
entity that makes independent expenditures in support of or	2317
opposition to a statewide candidate or a statewide ballot issue or	2318
question as provided in division (B)(2)(b) or (C)(2)(b) of section	2319
3517.105 of the Revised Code may file the statement specified in	2320
that division by electronic means of transmission.	2321

Within five business days after a statement filed by an	2322
individual, partnership, or other entity is received by the	2323
secretary of state by electronic or other means of transmission,	2324
the secretary of state shall make available online to the public	2325
through the internet, as provided in division (I) of this section,	2326
the expenditure information in that statement.	2327

If a statement filed by electronic means of transmission is	2328
found to be incomplete or inaccurate after the examination of the	2329
statement for completeness and accuracy pursuant to division	2330
(B)(3)(a) of section 3517.11 of the Revised Code, the individual,	2331
partnership, or other entity shall file by electronic means of	2332
transmission any addendum to the statement that provides the	2333
information necessary to complete or correct the statement or, if	2334
required by the secretary of state under that division, an amended	2335
statement.	2336

Within five business days after the secretary of state	2337
receives from an individual, partnership, or other entity	2338
described in division (B)(2)(b) or (C)(2)(b) of section 3517.105	2339
of the Revised Code an addendum to the statement or an amended	2340
statement by electronic or other means of transmission under this	2341
division or division (B)(3)(a) of section 3517.11 of the Revised	2342
Code, the secretary of state shall make the expenditure	2343
information in the addendum or amended statement available online	2344
to the public through the internet as provided in division (I) of	2345
this section.	2346

(2) Subject to the secretary of state having implemented,	2347
tested, and verified the successful operation of any system the	2348
secretary of state prescribes pursuant to division (H)(1) of this	2349
section and divisions (C)(6)(b) and (D)(6) of section 3517.10 of	2350
the Revised Code for the filing of campaign finance statements by	2351
electronic means of transmission, any individual, partnership, or	2352
other entity that makes independent expenditures in support of or	2353
opposition to a statewide candidate or a statewide ballot issue or	2354
question as provided in division (B)(2)(b) or (C)(2)(b) of section	2355
3517.105 of the Revised Code shall file the statement specified in	2356
that division by electronic means of transmission if the total	2357
amount of the independent expenditures made during the reporting	2358
period under that division exceeds ten thousand dollars.	2359

Within five business days after a statement filed by an	2360
individual, partnership, or other entity is received by the	2361
secretary of state by electronic or other means of transmission,	2362
the secretary of state shall make available online to the public	2363
through the internet, as provided in division (I) of this section,	2364
the expenditure information in that statement.	2365

If a statement filed by electronic means of transmission is	2366
found to be incomplete or inaccurate after the examination of the	2367
statement for completeness and accuracy pursuant to division	2368
(B)(3)(a) of section 3517.11 of the Revised Code, the individual,	2369
partnership, or other entity shall file by electronic means of	2370
transmission any addendum to the statement that provides the	2371
information necessary to complete or correct the statement or, if	2372
required by the secretary of state under that division, an amended	2373
statement.	2374

Within five business days after the secretary of state	2375
receives from an individual, partnership, or other entity	2376
described in division (B)(2)(b) or (C)(2)(b) of section 3517.105	2377
of the Revised Code an addendum to the statement or an amended	2378
statement by electronic or other means of transmission under this	2379
division or division (B)(3)(a) of section 3517.11 of the Revised	2380
Code, the secretary of state shall make the expenditure	2381
information in the addendum or amended statement available online	2382
to the public through the internet as provided in division (I) of	2383
this section.	2384

(H)(1) The secretary of state, by rule adopted pursuant to	2385
section 3517.23 of the Revised Code, shall prescribe one or more	2386
techniques by which a person who executes and transmits by	2387
electronic means a statement of contributions and expenditures, a	2388
statement of independent expenditures, an addendum to either	2389
statement, an amended statement of contributions and expenditures,	2390
or an amended statement of independent expenditures under this	2391
section or section 3517.10 or 3517.105 of the Revised Code shall	2392
electronically sign the statement, addendum, or amended statement.	2393
Any technique prescribed by the secretary of state pursuant to	2394
this division shall create an electronic signature that satisfies	2395
all of the following:	2396

(a) It is unique to the signer.

2397

(b) It objectively identifies the signer.

2398

(c) It involves the use of a signature device or other means	2399
or method that is under the sole control of the signer and that	2400
cannot be readily duplicated or compromised.	2401

(d) It is created and linked to the electronic record to	2402
which it relates in a manner that, if the record or signature is	2403
intentionally or unintentionally changed after signing, the	2404
electronic signature is invalidated.	2405

(2) An electronic signature prescribed by the secretary of	2406
state under division (H)(1) of this section shall be attached to	2407
or associated with the statement of contributions and	2408
expenditures, the statement of independent expenditures, the	2409
addendum to either statement, the amended statement of	2410
contributions and expenditures, or the amended statement of	2411
independent expenditures that is executed and transmitted by	2412
electronic means by the person to whom the electronic signature is	2413
attributed. The electronic signature that is attached to or	2414
associated with the statement, addendum, or amended statement	2415
under this division shall be binding on all persons and for all	2416
purposes under the campaign finance reporting law as if the	2417
signature had been handwritten in ink on a printed form of the	2418
statement, addendum, or amended statement.	2419

(I) The secretary of state shall make the contribution and	2420
expenditure information in all statements, all addenda to the	2421
statements, and all amended statements that are filed with the	2422
secretary of state by electronic or other means of transmission	2423
under this section or section 3517.10, 3517.105, or 3517.11 of the	2424
Revised Code available online to the public by any means that are	2425
searchable, viewable, and accessible through the internet.	2426

(J)(1) As used in this division, "library" means a library	2427
that is open to the public and that is one of the following:	2428

(a) A library that is maintained and regulated under section	2429
715.13 of the Revised Code;	2430

(b) A library that is created, maintained, and regulated	2431
under Chapter 3375. of the Revised Code.	2432

(2) The secretary of state shall notify all libraries of the	2433
location on the internet at which the contribution and expenditure	2434
information in campaign finance statements required to be made	2435
available online to the public through the internet pursuant to	2436
division (I) of this section may be accessed.	2437

If that location is part of the graphical subnetwork called	2438
the world wide web and if the secretary of state has notified a	2439
library of that world wide web location as required by this	2440
division, the library shall include a link to that world wide web	2441
location on each internet-connected computer it maintains that is	2442
accessible to the public.	2443

(3) If the system the secretary of state prescribes for the	2444
filing of campaign finance statements by electronic means of	2445
transmission pursuant to division (H)(1) of this section and	2446
divisions (C)(6)(b) and (D)(6) of section 3517.10 of the Revised	2447
Code includes filing those statements through the internet via an	2448
interactive location on the graphical subnetwork called the world	2449
wide web, the secretary of state shall notify all libraries of the	2450
world wide web location at which those statements may be filed.	2451

If those statements may be filed through the internet via an	2452
interactive location on the graphical subnetwork called the world	2453
wide web and if the secretary of state has notified a library of	2454
that world wide web location as required by this division, the	2455
library shall include a link to that world wide web location on	2456
each internet-connected computer it maintains that is accessible	2457
to the public.	2458

(K) It is an affirmative defense to a complaint or charge	2459
brought against any campaign committee, political action	2460
committee, legislative campaign fund, political party, political	2461
contributing entity, or individual, partnership, or other entity	2462
for the failure to file by electronic means of transmission a	2463
campaign finance statement as required by this section or section	2464
3517.10 or 3517.105 of the Revised Code that all of the following	2465
apply to the campaign committee, political action committee,	2466
legislative campaign fund, political party, political contributing	2467
entity, or individual, partnership, or other entity that failed to	2468
file the required statement:	2469

(1) The campaign committee, political action committee,	2470
legislative campaign fund, political party, political contributing	2471
entity, or individual, partnership, or other entity attempted to	2472
file by electronic means of transmission the required statement	2473
prior to the deadline set forth in the applicable section.	2474

(2) The campaign committee, political action committee,	2475
legislative campaign fund, political party, political contributing	2476
entity, or individual, partnership, or other entity was unable to	2477
file by electronic means of transmission due to an expected or	2478
unexpected shutdown of the whole or part of the electronic	2479
campaign finance statement-filing system, such as for maintenance	2480
or because of hardware, software, or network connection failure.	2481

(3) The campaign committee, political action committee,	2482
legislative campaign fund, political party, political contributing	2483
entity, or individual, partnership, or other entity filed by	2484
electronic means of transmission the required statement within a	2485
reasonable period of time after being unable to so file it under	2486
the circumstance described in division (K)(2) of this section.	2487

Sec. 3517.11.  (A)(1) Campaign committees of candidates for	2488
statewide offices or the state board of education, political	2489
action committees or political contributing entities that make	2490
contributions to campaign committees of candidates that are	2491
required to file the statements prescribed by section 3517.10 of	2492
the Revised Code with the secretary of state, political action	2493
committees or political contributing entities that make	2494
contributions to campaign committees of candidates for member of	2495
the general assembly, political action committees or political	2496
contributing entities that make contributions to state and	2497
national political parties and to legislative campaign funds,	2498
political action committees or political contributing entities	2499
that receive contributions or make expenditures in connection with	2500
a statewide ballot issue, political action committees or political	2501
contributing entities that make contributions to other political	2502
action committees or political contributing entities, political	2503
parties, and campaign committees, except as set forth in division	2504
(A)(3) of this section, legislative campaign funds, and state and	2505
national political parties shall file the statements prescribed by	2506
section 3517.10 of the Revised Code with the secretary of state.	2507

(2) Except as otherwise provided in division (F) of section	2508
3517.106 of the Revised Code, campaign committees of candidates	2509
for all other offices shall file the statements prescribed by	2510
section 3517.10 of the Revised Code with the board of elections	2511
where their candidates are required to file their petitions or	2512
other papers for nomination or election.	2513

A campaign committee of a candidate for office of member of	2514
the general assembly shall file two copies of the printed version	2515
of any statement, addendum, or amended statement if the committee	2516
does not file by electronic means of transmission or on computer	2517
disk pursuant to division (F)(1) of section 3517.106 of the	2518
Revised Code but files by printed version only with the	2519
appropriate board of elections. The board of elections shall send	2520
one of those copies by overnight delivery service to the secretary	2521
of state before the close of business on the day the board of	2522
elections receives the statement, addendum, or amended statement.	2523

(3) Political action committees or political contributing	2524
entities that only contribute to a county political party,	2525
contribute to campaign committees of candidates whose nomination	2526
or election is to be submitted only to electors within a county,	2527
subdivision, or district, excluding candidates for member of the	2528
general assembly, and receive contributions or make expenditures	2529
in connection with ballot questions or issues to be submitted only	2530
to electors within a county, subdivision, or district shall file	2531
the statements prescribed by section 3517.10 of the Revised Code	2532
with the board of elections in that county or in the county	2533
contained in whole or part within the subdivision or district	2534
having a population greater than that of any other county	2535
contained in whole or part within that subdivision or district, as	2536
the case may be.	2537

(4) County political parties shall file the statements	2538
prescribed by section 3517.10 of the Revised Code with the board	2539
of elections of their respective counties.	2540

(B)(1) The official with whom petitions and other papers for	2541
nomination or election to public office are filed shall furnish	2542
each candidate at the time of that filing a copy of sections	2543
3517.01, 3517.08 to 3517.11, 3517.13 to 3517.993, 3599.03, and	2544
3599.031 of the Revised Code and any other materials that the	2545
secretary of state may require. Each candidate receiving the	2546
materials shall acknowledge their receipt in writing.	2547

(2) On or before the tenth day before the dates on which	2548
statements are required to be filed by section 3517.10 of the	2549
Revised Code, every candidate subject to the provisions of this	2550
section and sections 3517.10 and 3517.106 of the Revised Code	2551
shall be notified of the requirements and applicable penalties of	2552
those sections. The secretary of state, by certified mail, return	2553
receipt requested, shall notify all candidates required to file	2554
those statements with the secretary of state's office. The board	2555
of elections of every county shall notify by first class mail any	2556
candidate who has personally appeared at the office of the board	2557
on or before the tenth day before the statements are required to	2558
be filed and signed a form, to be provided by the secretary of	2559
state, attesting that the candidate has been notified of the	2560
candidate's obligations under the campaign finance law. The board	2561
shall forward the completed form to the secretary of state. The	2562
board shall use certified mail, return receipt requested, to	2563
notify all other candidates required to file those statements with	2564
it.	2565

(3)(a) Any statement required to be filed under sections	2566
3517.081 to 3517.17 of the Revised Code that is found to be	2567
incomplete or inaccurate by the officer to whom it is submitted	2568
shall be accepted on a conditional basis, and the person who filed	2569
it shall be notified by certified mail as to the incomplete or	2570
inaccurate nature of the statement. The secretary of state may	2571
examine statements filed for candidates for the office of member	2572
of the general assembly for completeness and accuracy. The	2573
secretary of state shall examine for completeness and accuracy	2574
statements that campaign committees of candidates for the office	2575
of member of the general assembly file by electronic means of	2576
transmission pursuant to division (F) of section 3517.106 of the	2577
Revised Code. If an officer at the board of elections where a	2578
statement filed for a candidate for the office of member of the	2579
general assembly was submitted finds the statement to be	2580
incomplete or inaccurate, the officer shall immediately notify the	2581
secretary of state of its incomplete or inaccurate nature. If	2582
either an officer at the board of elections or the secretary of	2583
state finds a statement filed for a candidate for the office of	2584
member of the general assembly to be incomplete or inaccurate,	2585
only the secretary of state shall send the notification as to the	2586
incomplete or inaccurate nature of the statement.	2587

Within twenty-one days after receipt of the notice, in the	2588
case of a pre-election statement, a postelection statement, a	2589
monthly statement, or an annual statement prescribed by section	2590
3517.10, an annual statement prescribed by section 3517.101, or a	2591
statement prescribed by division (B)(2)(b) or (C)(2)(b) of section	2592
3517.105 or section 3517.107 of the Revised Code, the recipient	2593
shall file an addendum, amendment, or other correction to the	2594
statement providing the information necessary to complete or	2595
correct the statement. The secretary of state may require that, in	2596
lieu of filing an addendum, amendment, or other correction to a	2597
statement that is filed by electronic means of transmission to the	2598
office of the secretary of state or on computer disk with the	2599
appropriate board of elections pursuant to section 3517.106 of the	2600
Revised Code, the recipient of the notice described in this	2601
division file by electronic means of transmission, or, until March	2602
1, 2004, on computer disk with the appropriate board of elections	2603
if the original statement was filed on computer disk, an amended	2604
statement that incorporates the information necessary to complete	2605
or correct the statement. The secretary of state shall determine	2606
by rule when an addendum, amendment, or other correction to a	2607
two-business-day statement prescribed by section 3517.10 of the	2608
Revised Code or an amended two-business-day statement shall be	2609
filed. An addendum, amendment, or other correction to a statement	2610
that is filed by electronic means of transmission or on computer	2611
disk pursuant to section 3517.106 of the Revised Code shall be	2612
filed in the same manner as the statement. The provisions of	2613
sections 3517.10 and 3517.106 of the Revised Code pertaining to	2614
the filing of statements of contributions and expenditures and	2615
statements of independent expenditures by electronic means of	2616
transmission or on computer disk apply to the filing of addenda,	2617
amendments, or other corrections to those statements by electronic	2618
means of transmission or, until March 1, 2004, on computer disk	2619
and the filing of amended statements by electronic means of	2620
transmission or, until March 1, 2004, on computer disk.	2621

(b) Within five business days after the secretary of state	2622
receives, by electronic or other means of transmission, an	2623
addendum, amendment, or other correction to a statement or an	2624
amended statement under division (B)(3)(a) of this section, the	2625
secretary of state, pursuant to divisions (E), (F), (G), and (I)	2626
of section 3517.106 of the Revised Code, shall make the	2627
contribution and expenditure information in that addendum,	2628
amendment, correction, or amended statement available online to	2629
the public through the internet. As used in this division,	2630
"internet" has the same meaning as in section 3517.106 of the	2631
Revised Code.	2632

(4)(a) The secretary of state or the board of elections shall	2633
examine all statements for compliance with sections 3517.08 to	2634
3517.17 of the Revised Code.	2635

(b) The secretary of state may contract with an individual or	2636
entity not associated with the secretary of state and experienced	2637
in interpreting the campaign finance law of this state to conduct	2638
examinations of statements filed by any statewide candidate, as	2639
defined in section 3517.103 of the Revised Code.	2640

(c) The examination shall be conducted by a person or entity	2641
qualified to conduct it. The results of the examination shall be	2642
available to the public, and, when the examination is conducted by	2643
an individual or entity not associated with the secretary of	2644
state, the results of the examination shall be reported to the	2645
secretary of state.	2646

(C)(1) In the event of a failure to file or a late filing of	2647
a statement required to be filed under sections 3517.081 to	2648
3517.17 of the Revised Code or if a filed statement or any	2649
addendum to the statement, if an addendum is required to be filed,	2650
is incomplete or inaccurate or appears to disclose a failure to	2651
comply with or a violation of law, the official whose duty it is	2652
to examine the statement shall promptly file a complaint with the	2653
Ohio elections commission under section 3517.153 of the Revised	2654
Code if the law is one over which the commission has jurisdiction	2655
to hear complaints, or the official shall promptly report the	2656
failure or violation to the board of elections and the board shall	2657
promptly report it to the prosecuting attorney in accordance with	2658
division (J) of section 3501.11 of the Revised Code. If the	2659
official files a complaint with the commission, the commission	2660
shall proceed in accordance with sections 3517.154 to 3517.157 of	2661
the Revised Code.	2662

(2) For purposes of division (C)(1) of this section, a	2663
statement or an addendum to a statement required to be filed under	2664
sections 3517.081 to 3517.17 of the Revised Code is incomplete or	2665
inaccurate under this section if the statement or addendum fails	2666
to disclose substantially all contributions that are received from	2667
a source and that are required to be reported under sections	2668
3517.10, 3517.107, and 3517.108 of the Revised Code or if the	2669
statement or addendum fails to disclose at least ninety per cent	2670
of the total contributions received or of the total expenditures	2671
made during the reporting period.	2672

(D) No certificate of nomination or election shall be issued	2673
to a person, and no person elected to an office shall enter upon	2674
the performance of the duties of that office, until that person or	2675
that person's campaign committee, as appropriate, has fully	2676
complied with this section and sections 3517.08, 3517.081,	2677
3517.10, and 3517.13 of the Revised Code.	2678

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

2679

(1) "Computer,", "computer," "computer network," "computer	2680
system," "computer services," "telecommunications service," and	2681
"information service" have the same meanings as in section 2913.01	2682
of the Revised Code.	2683

(2) "Internet" has the same meaning as in section 341.42 of	2684
the Revised Code.	2685

(B) No officer or employee of a correctional institution	2686
under the control or supervision of the department of	2687
rehabilitation and correction shall provide a prisoner access to	2688
or permit a prisoner to have access to the internet through the	2689
use of a computer, computer network, computer system, computer	2690
services, telecommunications service, or information service	2691
unless both of the following apply:	2692

(1) The prisoner is participating in an approved educational	2693
program with direct supervision that requires the use of the	2694
internet for training or research purposes.	2695

(2) The provision of and access to the internet is in	2696
accordance with rules promulgated by the department of	2697
rehabilitation and correction pursuant to section 5120.62 of the	2698
Revised Code.	2699

(C)(1) No prisoner in a correctional institution under the	2700
control or supervision of the department of rehabilitation and	2701
correction shall access the internet through the use of a	2702
computer, computer network, computer system, computer services,	2703
telecommunications service, or information service unless both of	2704
the following apply:	2705

(a) The prisoner is participating in an approved educational	2706
program with direct supervision that requires the use of the	2707
internet for training or research purposes.	2708

(b) The provision of and access to the internet is in	2709
accordance with rules promulgated by the department of	2710
rehabilitation and correction pursuant to section 5120.62 of the	2711
Revised Code.	2712

(2) Whoever violates division (C)(1) of this section is	2713
guilty of improper internet access, a misdemeanor of the first	2714
degree.	2715

Sec. 5703.49.  (A) As used in this section, "internet" means	2716
the international computer network of both federal and nonfederal	2717
interoperable packet switched data networks, including the	2718
graphical subnetwork known as the world wide web.	2719

(B) On or before December 31, 2001, the tax commissioner	2720
shall establish an electronic site accessible through the	2721
internet. The tax commissioner shall provide access on the site	2722
for each municipal corporation that has not established its own	2723
electronic site to post documents or information required under	2724
section 718.07 of the Revised Code. The tax commissioner shall	2725
provide electronic links for each municipal corporation that	2726
establishes a site under that section and for which a uniform	2727
resource locator has been provided to the tax commissioner. The	2728
tax commissioner is not responsible for the accuracy of the posted	2729
information, and is not liable for any inaccurate or outdated	2730
information provided by a municipal corporation. The tax	2731
commissioner may adopt rules governing the format and means of	2732
submitting such documents or information and other matters	2733
necessary to implement this section. The tax commissioner may	2734
charge municipal corporations a fee to defray the cost of	2735
establishing and maintaining the electronic site established under	2736
this section.	2737

(C)(B) The tax commissioner shall deposit any fees received	2738
under this section to the credit of the municipal internet site	2739
fund, which is hereby created in the state treasury. The	2740
commissioner shall use the fund for costs of establishing and	2741
maintaining the electronic site established under this section.	2742

Section 2. That existing sections 1.59, 9.08, 9.314, 9.48,	2743
101.691, 113.40, 125.04, 125.072, 149.38, 149.432, 307.12, 341.42,	2744
505.10, 718.07, 721.15, 753.32, 955.013, 1306.16, 2307.64,	2745
3517.10, 3517.106, 3517.11, 5145.31, and 5703.49 of the Revised	2746
Code are hereby repealed.	2747

Section 3. (A) There is hereby created the Ohio	2748
Privacy/Public Record Access Study Committee consisting of	2749
twenty-three members. The President of the Senate shall appoint	2750
three members, the Speaker of the House of Representatives shall	2751
appoint three members, the Governor shall appoint sixteen members,	2752
and the Chief Justice of the Supreme Court shall appoint one	2753
member. Of the three members appointed by the President of the	2754
Senate, two shall represent the Senate majority caucus, and one	2755
shall represent the Senate minority caucus. Of the three members	2756
appointed by the Speaker of the House of Representatives, two	2757
shall represent the House majority caucus, and one shall represent	2758
the House minority caucus. Of the sixteen members appointed by the	2759
Governor, one shall represent the newspaper industry, one shall be	2760
in broadcasting, one shall be an attorney in private practice who	2761
specializes in public records law, one shall be a local elected	2762
official with responsibility for public records, one shall	2763
represent law enforcement agencies, one shall be an attorney from	2764
the Attorney General's office who specializes in public records	2765
law, one shall represent the insurance industry in Ohio, one shall	2766
represent the media, one shall represent an information services	2767
company, one shall represent realtors, one shall represent the	2768
credit industry, one shall represent the legal records industry,	2769
one shall represent the financial services industry, one shall be	2770
a consumers' advocate, one shall represent the Ohio Historical	2771
Society or be the Records Information Management System	2772
Administrator from the Department of Administrative Services, and	2773
one shall represent the public. The Chief Justice of the Supreme	2774
Court shall appoint a judge or other representative of the	2775
judicial branch.	2776

(B) The Committee shall study all of the following:

2777

(1) The concerns associated with the dissemination of	2778
personal information contained in public records, including, but	2779
not limited to, identity theft, misuse, harassment, and fraud;	2780

(2) The legitimate uses of personal information contained in	2781
public records by businesses, governments, the legal community,	2782
and others, including, but not limited to, its use in combating	2783
identity theft and fraud;	2784

(3) The costs to state and local governments associated with	2785
placing restrictions on access to personal information contained	2786
in public records;	2787

(4) The impact, including costs, on legitimate businesses,	2788
law enforcement, the legal community, government agencies, and	2789
others of access restrictions placed on personal information	2790
contained in public records;	2791

(5) The impact of protecting the disclosure of personal	2792
information contained in public records through the sealing of	2793
documents by court rule;	2794

(6) Electronic, internet, and bulk access to personal	2795
information contained in public records;	2796

(7) Current and potential future misuse, fraud, harassment,	2797
and identify theft prevention and detection efforts, including	2798
programs to educate the public on ways to avoid becoming victims,	2799
as well as procedures to streamline recovery;	2800

(8) Existing criminal and civil penalties for misuse of	2801
personal information contained in public records and an	2802
examination of whether those penalties should be increased as a	2803
deterrent.	2804

(C) The Committee shall develop a unified approach to	2805
preventing theft, fraud, and the misuse of personal information	2806
contained in public records while maintaining access and use of	2807
public records for lawful purposes. The Committee shall consult	2808
with the Supreme Court Advisory Committee on Technology and the	2809
Courts on issues relating to access to and use of court records	2810
and shall make use of work product and recommendations developed	2811
by the Advisory Committee with regard to access to and use of	2812
court records.	2813

(D) The Committee shall submit a report of its findings to	2814
the President of the Senate, the Speaker of the House of	2815
Representatives, the Minority Leader of the Senate, the Minority	2816
Leader of the House of Representatives, the Governor, and the	2817
Chief Justice of the Supreme Court not later than twelve months	2818
after the appointment of all of the members of the Committee. The	2819
report shall be approved by a majority of the members of the	2820
Committee and shall include a detailed statement of the	2821
Committee's findings, conclusions, and recommendations.	2822

(E) Any vacancy in the membership of the Committee shall be	2823
filled in the same manner in which the original appointment was	2824
made.	2825

(F) The President of the Senate and the Speaker of the House	2826
of Representative shall designate co-chairpersons of the Committee	2827
when the President of the Senate and the Speaker of the House of	2828
Representatives appoint the members to the Committee.	2829

(G) All meetings of the Committee are public meetings and	2830
shall be open to the public at all times. A member of the	2831
Committee must be present in person at a meeting that is open to	2832
the public in order to be considered present or to vote at the	2833
meeting and for the purposes of determining whether a quorum is	2834
present. The committee shall promptly prepare, file, and maintain	2835
the minutes of the committee meetings, and the committee minutes	2836
shall be public records under section 149.43 of the Revised Code.	2837
The committee shall give reasonable notice of committee meetings	2838
so that any person may determine the time and place of all	2839
scheduled meetings. The committee shall not hold a meeting unless	2840
it gives at least twenty-four hours' advance notice to the news	2841
media organizations that have requested notification of the	2842
Committee's meetings.	2843

Section 4. That Section 3.18 of Am. Sub. H.B. 95 of the 125th	2844
General Assembly, as amended by Sub. H.B. 127 of the 125th General	2845
Assembly, be amended to read as follows:	2846

Sec. 3.18. The amendments of section 5739.033 of the Revised	2847
Code in Sections 3.16 and 3.17 of Am. Sub. H.B. 95 of the 125th	2848
General Assembly provide for or are essential to the	2849
implementation of a tax levy. Therefore, under Ohio Constitution,	2850
Article II, Section 1d, those Sectionsamendments are not subject	2851
to the referendum and go into effect January 1, 2005July 1, 2005.	2852

Section 5. That existing Section 3.18 of Am. Sub. H.B. 95 of	2853
the 125th General Assembly, as amended by Sub. H.B. 127 of the	2854
125th General Assembly, is hereby repealed.	2855

Section 6. That Section 4 of Am. Sub. H.B. 168 of the 125th	2856
General Assembly be amended to read as follows:	2857

Sec. 4. Notwithstanding Section 3 of Am. Sub. S.B. 143 of the	2858
124th General Assembly, as subsequently amended by Section 8 of	2859
Sub. S.B. 47 of the 125th General Assembly and Section 134.14 of	2860
Am. Sub. H.B. 95 of the 125th General Assembly, the enactment of	2861
section 5741.05 of the Revised Code by Am. Sub. S.B. 143 of the	2862
124th General Assembly shall take effect JanuaryJuly 1, 2005. The	2863
General Assembly intends by enacting this section to clarify that	2864
the operation of section 5741.05 of the Revised Code was to be	2865
coordinated with the revised effective dates to amended section	2866
5739.033 of the Revised Code that were made by Sub. S.B. 47 of the	2867
125th General Assembly and Sub. H.B. 127 of the 125th General	2868
Assembly.	2869

Section 7. That existing Section 4 of Am. Sub. H.B. 168 of	2870
the 125th General Assembly is hereby repealed.	2871

Section 8. (A) For sales made on or after January 1, 2005,	2872
but before July 1, 2005, a vendor licensed under section 5739.17	2873
of the Revised Code may source sales in accordance with the	2874
version of section 5739.033 of the Revised Code that, under this	2875
act, takes effect July 1, 2005, as long as the vendor complies	2876
with that section.	2877

(B) If a vendor sources sales under division (A) of this	2878
section, the vendor shall continue from that point forward to	2879
source all of its sales in compliance with the version of section	2880
5739.033 of the Revised Code that, under this act, takes effect	2881
July 1, 2005.	2882

Section 9. Sections 4 to 9 of this act, and the items of	2883
which they are composed, provide for or are essential to	2884
implementation of a tax levy. Therefore, under Ohio Constitution,	2885
Article II, Section 1d, Sections 4 to 9 of this act, and the items	2886
of which they are composed, are not subject to the referendum and	2887
go into immediate effect when this act becomes law.	2888