As Concurred by the House

126th General Assembly Regular Session 2005-2006

Am. Sub. H. B. No. 694

Representatives DeWine, Calvert, Trakas, Peterson, Dolan, Webster, Raga, Flowers, Martin, Evans, C., Aslanides, Coley, Evans, D., Hagan, Law, Reidelbach, Schaffer, Seaver, Setzer, Wagoner, White, J., Widener, Widowfield 

Senator Jacobson 

---

A BILL

To amend sections 3517.13 and 3517.992 and to enact

1

sections 109.96 and 3517.093 of the Revised Code

2

to limit solicitations of and political

3

contributions by owners and certain family members

4

of owners of businesses that are seeking or that

5

have been awarded public contracts, to require the

6

Attorney General to develop and provide to each

7

executive agency model contracts that the agency

8

is required to use in any contract the agency

9

enters into, and to make other changes to the

10

Campaign Finance Law.

11

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

Section 1. That sections 3517.13 and 3517.992 be amended and	12
sections 109.96 and 3517.093 of the Revised Code be enacted to	13
read as follows:	14

Sec. 109.96. (A) The attorney general shall develop and	15
provide to each executive agency model contracts appropriate for	16
use in contracts awarded by the agency.	17

(B) An executive agency that receives model contracts under	18
division (A) of this section shall use those model contracts in	19
any contract the agency enters into. In using model contracts	20
under this division, an executive agency may modify, alter, or add	21
to the model contracts as the agency considers appropriate.	22

(C) As used in this section, "executive agency" has the same	23
meaning as in section 121.60 of the Revised Code.	24

Sec. 3517.093.  (A) As used in this section:

25

(1) "Family member of the holder of the state contract" means	26
both of the following:	27

(a) The spouse of any person identified in division (A)(3) of	28
this section;	29

(b) Any child seven years of age through seventeen years of	30
age of any person identified in division (A)(3) of this section.	31

(2) "Holder of the public office with ultimate responsibility	32
for the award of the contract" means all of the following:	33

(a) The governor and lieutenant governor, if the contract is	34
awarded by the office of the governor;	35

(b) The governor, if the governor appoints a public officer	36
who is responsible for the award of the contract, whether or not	37
the appointment is subject to the advice and consent of the	38
senate;	39

(c) The secretary of state, auditor of state, treasurer of	40
state, and attorney general, if the contract is awarded by the	41
respective office;	42

(d) The president of the senate, if the contract is awarded	43
by the senate;	44

(e) The speaker of the house of representatives, if the	45
contract is awarded by the house of representatives.	46

(3) "Holder of the state contract" means any of the	47
following:	48

(a) An individual who has been awarded a state contract;

49

(b) Any partner or owner of a partnership or other	50
unincorporated business that has been awarded a state contract;	51

(c) Any shareholder of an association, including, without	52
limitation, a professional association organized under Chapter	53
1785. of the Revised Code, that has been awarded a state contract;	54

(d) Any administrator of an estate that has been awarded a	55
state contract;	56

(e) Any executor of an estate that has been awarded a state	57
contract;	58

(f) Any trustee of a trust that has been awarded a state	59
contract;	60

(g) Any owner of more than twenty per cent of a corporation	61
or business trust, except a professional association organized	62
under Chapter 1785. of the Revised Code, that has been awarded a	63
state contract.	64

(h) In the case of a collective bargaining agreement with a	65
labor organization representing employees where the holder of the	66
public office with ultimate responsibility for the award of the	67
state contract is a state official, the labor organization.	68

(4) "State contract" means a contract awarded by any agency	69
or department of this state, the administrator of workers'	70
compensation, or the employees of the bureau of workers'	71
compensation for the purchase of goods costing more than five	72
hundred dollars or services costing more than five hundred	73
dollars.	74

For the purposes of division (A)(4) of this section, a	75
contract for services includes collective bargaining agreements	76
with a labor organization representing employees where the holder	77
of the public office with ultimate responsibility for the award of	78
the agreement is a state official.	79

(5) "Electioneering communication" has the same meaning as in	80
section 3517.1011 of the Revised Code.	81

(B) Beginning on the date a state contract is awarded and	82
extending until one year following the conclusion of that	83
contract, the holder of the public office with ultimate	84
responsibility for the award of the contract, that officeholder's	85
campaign committee, and any person acting on behalf of that	86
officeholder shall not solicit a contribution from or direct a	87
contribution by the holder of the state contract or a family	88
member of the holder of the state contract to any of the	89
following:	90

(1) Any candidate or the campaign committee of any candidate;

91

(2) A political party;

92

(3) A ballot issue committee or a political action committee	93
or other entity the primary purpose of which is to support or	94
oppose any ballot issue or question that will be presented to	95
voters throughout the entire state;	96

(4) A legislative campaign fund;

97

(5) Any person that the holder of the public office knows or	98
should know has done either of the following during the current	99
calendar year or during the two previous calendar years:	100

(a) Made a disbursement or disbursements for the direct costs	101
of producing or airing electioneering communications;	102

(b) Made a disbursement or disbursements for the direct costs	103
of producing or airing communications that, if made in Ohio, would	104
constitute electioneering communications.	105

(C) No candidate, campaign committee, political party, ballot	106
issue committee, political action committee, legislative campaign	107
fund, person, or other entity shall knowingly accept a	108
contribution that is solicited or directed in violation of	109
division (B) of this section.	110

(D) Division (B) of this section does not apply to	111
solicitations made by the holder of the public office with	112
ultimate responsibility for the award of the contract, that	113
officeholder's campaign committee, or any person acting on behalf	114
of that officeholder for contributions to the officeholder's	115
campaign committee.	116

(E)(1) Division (B) of this section does not apply to	117
solicitations of contributions from or the directing of	118
contributions by the holder of the state contract before the	119
person became a partner or owner of the partnership or other	120
unincorporated business, shareholder of the association,	121
administrator of the estate, executor of the estate, trustee of	122
the trust, or owner of more than twenty per cent of a corporation	123
or business trust or after the person ceased to hold any of those	124
positions.	125

(2) Division (B) of this section does not apply to	126
solicitations of contributions from or the directing of	127
contributions by a spouse of the holder of the state contract in	128
any of the following circumstances:	129

(a) Before the holder of the state contract became a partner	130
or owner of the partnership or other unincorporated business,	131
shareholder of the association, administrator of the estate,	132
executor of the estate, trustee of the trust, or owner of more	133
than twenty per cent of a corporation or business trust;	134

(b) After the holder of the state contract ceased to be a	135
partner or owner of the partnership or other unincorporated	136
business, shareholder of the association, administrator of the	137
estate, executor of the estate, trustee of the trust, or owner of	138
more than twenty per cent of a corporation or business trust;	139

(c) Before the two were married;

140

(d) After the granting of a decree of divorce, dissolution of	141
marriage, or annulment;	142

(e) After the granting of an order in an action brought	143
solely for legal separation.	144

(3) Division (B) of this section does not apply to	145
solicitations of contributions from or the directing of	146
contributions by a child seven years of age through seventeen	147
years of age of the holder of the state contract in either of the	148
following circumstances:	149

(a) Before the holder of the state contract became a partner	150
or owner of the partnership or other unincorporated business,	151
shareholder of the association, administrator of the estate,	152
executor of the estate, trustee of the trust, or owner of more	153
than twenty per cent of a corporation or business trust;	154

(b) After the holder of the state contract ceased to be a	155
partner or owner of the partnership or other unincorporated	156
business, shareholder of the association, administrator of the	157
estate, executor of the estate, trustee of the trust, or owner of	158
more than twenty per cent of a corporation or business trust.	159

Sec. 3517.13.  (A)(1) No campaign committee of a statewide	160
candidate shall fail to file a complete and accurate statement	161
required under division (A)(1) of section 3517.10 of the Revised	162
Code.	163

(2) No campaign committee of a statewide candidate shall fail	164
to file a complete and accurate monthly statement, and no campaign	165
committee of a statewide candidate or a candidate for the office	166
of chief justice or justice of the supreme court shall fail to	167
file a complete and accurate two-business-day statement, as	168
required under section 3517.10 of the Revised Code.	169

As used in this division, "statewide candidate" has the same	170
meaning as in division (F)(2) of section 3517.10 of the Revised	171
Code.	172

(B) No campaign committee shall fail to file a complete and	173
accurate statement required under division (A)(1) of section	174
3517.10 of the Revised Code.	175

(C) No campaign committee shall fail to file a complete and	176
accurate statement required under division (A)(2) of section	177
3517.10 of the Revised Code.	178

(D) No campaign committee shall fail to file a complete and	179
accurate statement required under division (A)(3) or (4) of	180
section 3517.10 of the Revised Code.	181

(E) No person other than a campaign committee shall knowingly	182
fail to file a statement required under section 3517.10 or	183
3517.107 of the Revised Code.	184

(F) No person shall make cash contributions to any person	185
totaling more than one hundred dollars in each primary, special,	186
or general election.	187

(G)(1) No person shall knowingly conceal or misrepresent	188
contributions given or received, expenditures made, or any other	189
information required to be reported by a provision in sections	190
3517.08 to 3517.13 and 3517.17 of the Revised Code.	191

(2)(a) No person shall make a contribution to a campaign	192
committee, political action committee, political contributing	193
entity, legislative campaign fund, political party, or person	194
making disbursements to pay the direct costs of producing or	195
airing electioneering communications in the name of another	196
person.	197

(b) A person does not make a contribution in the name of	198
another when either of the following applies:	199

(i) An individual makes a contribution from a partnership or	200
other unincorporated business account, if the contribution is	201
reported by listing both the name of the partnership or other	202
unincorporated business and the name of the partner or owner	203
making the contribution as required under division (I) of section	204
3517.10 of the Revised Code.	205

(ii) A person makes a contribution in that person's spouse's	206
name or in both of their names.	207

(H) No person within this state, publishing a newspaper or	208
other periodical, shall charge a campaign committee for political	209
advertising a rate in excess of the rate such person would charge	210
if the campaign committee were a general rate advertiser whose	211
advertising was directed to promoting its business within the same	212
area as that encompassed by the particular office that the	213
candidate of the campaign committee is seeking. The rate shall	214
take into account the amount of space used, as well as the type of	215
advertising copy submitted by or on behalf of the campaign	216
committee. All discount privileges otherwise offered by a	217
newspaper or periodical to general rate advertisers shall be	218
available upon equal terms to all campaign committees.	219

No person within this state, operating a radio or television	220
station or network of stations in this state, shall charge a	221
campaign committee for political broadcasts a rate that exceeds:	222

(1) During the forty-five days preceding the date of a	223
primary election and during the sixty days preceding the date of a	224
general or special election in which the candidate of the campaign	225
committee is seeking office, the lowest unit charge of the station	226
for the same class and amount of time for the same period;	227

(2) At any other time, the charges made for comparable use of	228
that station by its other users.	229

(I)(1)(a) Subject to divisions (K), (L), (M), and (N) of this	230
section, no agency or department of this state or any political	231
subdivision shall award any contract, other than one let by	232
competitive bidding or a contract incidental to such contract or	233
which is by force account, for the purchase of goods costing more	234
than five hundred dollars or services costing more than five	235
hundred dollars to any individual, partnership or other	236
unincorporated business, association, including, without	237
limitation, a professional association organized under Chapter	238
1785. of the Revised Code, estate, or trust if the individual has	239
made or the individual's spouse has made, or any partner,	240
shareholder, administrator, executor, or trustee or the spouse of	241
any of themany of the following has made, as an individual,	242
within the two previous calendar years, one or more contributions	243
totaling in excess of one thousand dollars to the holder of the	244
public office having ultimate responsibility for the award of the	245
contract or to the public officer's campaign committee.:	246

(i) The individual;

247

(ii) Any partner or owner of the partnership or other	248
unincorporated business;	249

(iii) Any shareholder of the association;

250

(iv) Any administrator of the estate;

251

(v) Any executor of the estate;

252

(vi) Any trustee of the trust;

253

(vii) The spouse of any person identified in divisions	254
(I)(1)(a)(i) to (vi) of this section;	255

(viii) Any child seven years of age through seventeen years	256
of age of any person identified in divisions (I)(1)(a)(i) to (vi)	257
of this section.	258

(b) Subject to divisions (K), (L), (M), and (N) of this	259
section, no agency or department of this state or any political	260
subdivision shall award any contract for the purchase of goods	261
costing more than five hundred dollars or services costing more	262
than five hundred dollars to any individual, partnership or other	263
unincorporated business, association, including, without	264
limitation, a professional association organized under Chapter	265
1785. of the Revised Code, estate, or trust if any combination of	266
the following has made, within the two previous calendar years,	267
one or more contributions totaling in excess of two thousand	268
dollars to the holder of the public office having ultimate	269
responsibility for the award of the contract or to the public	270
officer's campaign committee:	271

(i) The individual;

272

(ii) Any partner or owner of the partnership or other	273
unincorporated business;	274

(iii) Any shareholder of the association;

275

(iv) Any administrator of the estate;

276

(v) Any executor of the estate;

277

(vi) Any trustee of the trust;

278

(vii) The spouse of any person identified in divisions	279
(I)(1)(b)(i) to (vi) of this section;	280

(viii) Any child seven years of age through seventeen years	281
of age of any person identified in divisions (I)(1)(b)(i) to (vi)	282
of this section;	283

(ix) Any political action committee affiliated with the	284
partnership or other unincorporated business, association, estate,	285
or trust.	286

(2)(a) Subject to divisions (K), (L), (M), and (N) of this	287
section, if any agency or department of this state or any	288
political subdivision has awarded a contract for the purchase of	289
goods costing more than five hundred dollars or services costing	290
more than five hundred dollars to any individual, partnership or	291
other unincorporated business, association, including, without	292
limitation, a professional association organized under Chapter	293
1785. of the Revised Code, estate, or trust, none of the following	294
shall, beginning on the date the contract is awarded and extending	295
until one year following the conclusion of that contract, make one	296
or more contributions totaling in excess of one thousand dollars	297
to the holder of the public office having ultimate responsibility	298
for the award of that contract:	299

(i) The individual;

300

(ii) Any partner or owner of the partnership or other	301
unincorporated business;	302

(iii) Any shareholder of the association;

303

(iv) Any administrator of the estate;

304

(v) Any executor of the estate;

305

(vi) Any trustee of the trust;

306

(vii) The spouse of any person identified in divisions	307
(I)(2)(a)(i) to (vi) of this section;	308

(viii) Any child seven years of age through seventeen years	309
of age of any person identified in divisions (I)(2)(a)(i) to (vi)	310
of this section.	311

(b) Subject to divisions (K), (L), (M), and (N) of this	312
section, if any agency or department of this state or any	313
political subdivision has awarded a contract for the purchase of	314
goods costing more than five hundred dollars or services costing	315
more than five hundred dollars to any individual, partnership or	316
other unincorporated business, association, including, without	317
limitation, a professional association organized under Chapter	318
1785. of the Revised Code, estate, or trust, no combination of any	319
of the following shall, beginning on the date the contract is	320
awarded and extending until one year following the conclusion of	321
that contract, make one or more contributions totaling in excess	322
of two thousand dollars to the holder of the public office having	323
ultimate responsibility for the award of that contract:	324

(i) The individual;

325

(ii) Any partner or owner of the partnership or other	326
unincorporated business;	327

(iii) Any shareholder of the association;

328

(iv) Any administrator of the estate;

329

(v) Any executor of the estate;

330

(vi) Any trustee of the trust;

331

(vii) The spouse of any person identified in divisions	332
(I)(2)(b)(i) to (vi) of this section;	333

(viii) Any child seven years of age through seventeen years	334
of age of any person identified in divisions (I)(2)(b)(i) to (vi)	335
of this section;	336

(ix) Any political action committee affiliated with the	337
partnership or other unincorporated business, association, estate,	338
or trust.	339

(3) Subject to divisions (L), (M), and (N) of this section,	340
no agency or department of this state or any political subdivision	341
shall enter into any contract for the purchase of goods costing	342
more than five hundred dollars or services costing more than five	343
hundred dollars with an individual, partnership or other	344
unincorporated business, association, including, without	345
limitation, a professional association organized under Chapter	346
1785. of the Revised Code, estate, or trust unless the contract	347
includes a certification by the individual, partnership or other	348
unincorporated business, association, estate, or trust that all of	349
the following persons, if applicable, are in compliance with	350
division (I)(1) of this section:	351

(a) The individual;

352

(b) Each partner or owner of the partnership or other	353
unincorporated business;	354

(c) Each shareholder of the association;

355

(d) Each administrator of the estate;

356

(e) Each executor of the estate;

357

(f) Each trustee of the trust;

358

(g) Each spouse of any person identified in divisions	359
(I)(3)(a) to (f) of this section;	360

(h) Each child seven years of age to seventeen years of age	361
of any person identified in divisions (I)(3)(a) to (f) of this	362
section;	363

(i) Any combination of persons identified in divisions	364
(I)(3)(a) to (h) of this section.	365

(4)(a) Subject to divisions (K), (L), (M), and (N) of this	366
section, no agency or department of this state or any political	367
subdivision shall award any contract for the purchase of goods	368
costing more than five hundred dollars or services costing more	369
than five hundred dollars to any partnership or other	370
unincorporated business, association, including, without	371
limitation, a professional association organized under Chapter	372
1785. of the Revised Code, estate, or trust if a political action	373
committee that is affiliated with the partnership or other	374
unincorporated business, association, estate, or trust has made,	375
within the two previous calendar years, one or more contributions	376
totaling in excess of two thousand dollars to the holder of the	377
public office having ultimate responsibility for the award of the	378
contract or to the public officer's campaign committee.	379

(b) Subject to divisions (K), (L), (M), and (N) of this	380
section, if any agency or department of this state or any	381
political subdivision has awarded any contract for the purchase of	382
goods costing more than five hundred dollars or services costing	383
more than five hundred dollars to any partnership or other	384
unincorporated business, association, including, without	385
limitation, a professional association organized under Chapter	386
1785. of the Revised Code, estate, or trust, no political action	387
committee that is affiliated with the partnership or other	388
unincorporated business, association, estate, or trust shall,	389
beginning on the date the contract is awarded and extending until	390
one year following the conclusion of that contract, make one or	391
more contributions totaling in excess of two thousand dollars to	392
the holder of the public office having ultimate responsibility for	393
the award of the contract or to the public officer's campaign	394
committee.	395

(J)(1)(a) Subject to divisions (K), (L), (M), and (N) of this	396
section, no agency or department of this state or any political	397
subdivision shall award any contract, other than one let by	398
competitive bidding or a contract incidental to such contract or	399
which is by force account, for the purchase of goods costing more	400
than five hundred dollars or services costing more than five	401
hundred dollars to a corporation or business trust, except a	402
professional association organized under Chapter 1785. of the	403
Revised Code, if an owner of more than twenty per cent of the	404
corporation or business trust or the spouse of that personany of	405
the following has made, as an individual, within the two previous	406
calendar years, taking into consideration only owners for all of	407
that period, one or more contributions totaling in excess of one	408
thousand dollars to the holder of a public office having ultimate	409
responsibility for the award of the contract or to the public	410
officer's campaign committee.:	411

(i) An owner of more than twenty per cent of the corporation	412
or business trust;	413

(ii) A spouse of an owner of more than twenty per cent of the	414
corporation or business trust;	415

(iii) A child seven years of age through seventeen years of	416
age of an owner of more than twenty per cent of the corporation or	417
business trust.	418

(b) Subject to divisions (K), (L), (M), and (N) of this	419
section, no agency or department of this state or any political	420
subdivision shall award any contract for the purchase of goods	421
costing more than five hundred dollars or services costing more	422
than five hundred dollars to a corporation or business trust,	423
except a professional association organized under Chapter 1785. of	424
the Revised Code, if any combination of the following has made,	425
within the two previous calendar years, taking into consideration	426
only owners for all of that period, one or more contributions	427
totaling in excess of two thousand dollars to the holder of the	428
public office having ultimate responsibility for the award of the	429
contract or to the public officer's campaign committee:	430

(i) Owners of more than twenty per cent of the corporation or	431
business trust;	432

(ii) Spouses of owners of more than twenty per cent of the	433
corporation or business trust;	434

(iii) Children seven years of age through seventeen years of	435
age of owners of more than twenty per cent of the corporation or	436
business trust;	437

(iv) Any political action committee affiliated with the	438
corporation or business trust.	439

(2)(a) Subject to divisions (K), (L), (M), and (N) of this	440
section, if any agency or department of this state or any	441
political subdivision has awarded a contract for the purchase of	442
goods costing more than five hundred dollars or services costing	443
more than five hundred dollars to a corporation or business trust,	444
except a professional association organized under Chapter 1785. of	445
the Revised Code, none of the following shall, beginning on the	446
date the contract is awarded and extending until one year	447
following the conclusion of that contract, make one or more	448
contributions totaling in excess of one thousand dollars to the	449
holder of the public office having ultimate responsibility for the	450
award of that contract:	451

(i) An owner of more than twenty per cent of the corporation	452
or business trust;	453

(ii) A spouse of an owner of more than twenty per cent of the	454
corporation or business trust;	455

(iii) A child seven years of age through seventeen years of	456
age of an owner of more than twenty per cent of the corporation or	457
business trust.	458

(b) Subject to divisions (K), (L), (M), and (N) of this	459
section, if any agency or department of this state or any	460
political subdivision has awarded a contract for the purchase of	461
goods costing more than five hundred dollars or services costing	462
more than five hundred dollars to a corporation or business trust,	463
except a professional association organized under Chapter 1785. of	464
the Revised Code, no combination of any of the following shall,	465
beginning on the date the contract is awarded and extending until	466
one year following the conclusion of that contract, make one or	467
more contributions totaling in excess of two thousand dollars to	468
the holder of the public office having ultimate responsibility for	469
the award of that contract:	470

(i) Owners of more than twenty per cent of the corporation or	471
business trust;	472

(ii) Spouses of owners of more than twenty per cent of the	473
corporation or business trust;	474

(iii) Children seven years of age through seventeen years of	475
age of owners of more than twenty per cent of the corporation or	476
business trust;	477

(iv) Any political action committee affiliated with the	478
corporation or business trust.	479

(3) Subject to divisions (L), (M), and (N) of this section,	480
no agency or department of this state or any political subdivision	481
shall enter into any contract for the purchase of goods costing	482
more than five hundred dollars or services costing more than five	483
hundred dollars with a corporation or business trust, except a	484
professional association organized under Chapter 1785. of the	485
Revised Code, unless the contract includes a certification by the	486
corporation or business trust that all of the following persons,	487
if applicable, are in compliance with division (J)(1) of this	488
section:	489

(a) Each owner of more than twenty per cent of the	490
corporation or business trust;	491

(b) Each spouse of an owner of more than twenty per cent of	492
the corporation or business trust;	493

(c) Each child seven years of age to seventeen years of age	494
of an owner of more than twenty per cent of the corporation or	495
business trust;	496

(d) Any combination of persons identified in divisions	497
(J)(3)(a) to (c) of this section.	498

(4)(a) Subject to divisions (K), (L), (M), and (N) of this	499
section, no agency or department of this state or any political	500
subdivision shall award any contract for the purchase of goods	501
costing more than five hundred dollars or services costing more	502
than five hundred dollars to any corporation or business trust,	503
except a professional association organized under Chapter 1785. of	504
the Revised Code, if a political action committee that is	505
affiliated with the corporation or business trust has made, within	506
the two previous calendar years, one or more contributions	507
totaling in excess of two thousand dollars to the holder of the	508
public office having ultimate responsibility for the award of the	509
contract or to the public officer's campaign committee.	510

(b) Subject to divisions (K), (L), (M), and (N) of this	511
section, if any agency or department of this state or any	512
political subdivision has awarded any contract for the purchase of	513
goods costing more than five hundred dollars or services costing	514
more than five hundred dollars to any corporation or business	515
trust, except a professional association organized under Chapter	516
1785. of the Revised Code, no political action committee that is	517
affiliated with the corporation or business trust shall, beginning	518
on the date the contract is awarded and extending until one year	519
following the conclusion of that contract, make one or more	520
contributions totaling in excess of two thousand dollars to the	521
holder of the public office having ultimate responsibility for the	522
award of the contract or to the public officer's campaign	523
committee.	524

(K)(1) For purposes of divisions (I) and (J) of this section,	525
if a public officer who is responsible for the award of a contract	526
is appointed by the governor, whether or not the appointment is	527
subject to the advice and consent of the senate, excluding members	528
of boards, commissions, committees, authorities, councils, boards	529
of trustees, task forces, and other such entities appointed by the	530
governor, the office of the governor is considered to have	531
ultimate responsibility for the award of the contract.	532

(L)(2) For purposes of divisions (I) and (J) of this section,	533
if a public officer who is responsible for the award of a contract	534
is appointed by the elected chief executive officer of a municipal	535
corporation, or appointed by the elected chief executive officer	536
of a county operating under an alternative form of county	537
government or county charter, excluding members of boards,	538
commissions, committees, authorities, councils, boards of	539
trustees, task forces, and other such entities appointed by the	540
chief executive officer, the office of the chief executive officer	541
is considered to have ultimate responsibility for the award of the	542
contract.	543

(L)(1)(a) Collective bargaining agreements with labor	544
organizations representing employees shall be considered to be	545
contracts for the purchase of services for the purpose of	546
divisions (I), (J), (Y), and (Z) of this section. The labor	547
organization shall be the recipient of the contract and considered	548
to be an unincorporated business for the purpose of divisions (I),	549
(J), (Y), and (Z) of this section.For purposes of divisions	550
(I),(J), (Y) and (Z) of this section, a political contributing	551
entity or political action committee of the labor organization	552
shall be subject to the same limits as applicable to an affiliated	553
political action committee of an incorporated business.	554

(b) Divisions (I), (J), (Y), and (Z) of this section do not	555
apply to employment contracts entered into with a single employee.	556

(2)(a) For the purpose of divisions (I) and (Y) of this	557
section, a political action committee is affiliated with a	558
partnership or other unincorporated business, association,	559
including, without limitation, a professional association	560
organized under Chapter 1785. of the Revised Code, estate, or	561
trust if the political action committee received, as reported on	562
its most recent statement filed under section 3517.10 of the	563
Revised Code, more than fifty per cent of its contributions from	564
any of the persons identified in divisions (I)(1)(a)(ii) to (vi)	565
of this section or divisions (Y)(1)(a)(ii) to (vi) of this	566
section, respectively.	567

(b) For the purpose of divisions (J) and (Z) of this section,	568
a political action committee is affiliated with a corporation or	569
business trust, except a professional association organized under	570
Chapter 1785. of the Revised Code, if the political action	571
committee received, as reported on its most recent statement filed	572
under section 3517.10 of the Revised Code, more than fifty per	573
cent of its contributions from any of the persons identified in	574
division (J)(1)(a)(i) of this section or division (Z)(1)(a)(i) of	575
this section, respectively.	576

(M)(1) Divisions (I) and (J) of this section do not apply to	577
contracts awarded by the board of commissioners of the sinking	578
fund, municipal legislative authorities, boards of education,	579
boards of county commissioners, boards of township trustees, or	580
other boards, commissions, committees, authorities, councils,	581
boards of trustees, task forces, and other such entities created	582
by law, by the supreme court or courts of appeals, by county	583
courts consisting of more than one judge, courts of common pleas	584
consisting of more than one judge, or municipal courts consisting	585
of more than one judge, or by a division of any court if the	586
division consists of more than one judge. This division shall	587
apply to the specified entity only if the members of the entity	588
act collectively in the award of a contract for goods or services.	589

(2) DivisionsFor the purpose of divisions (I) and, (J), (Y),	590
and (Z) of this section do not apply to actions of, contracts	591
approved by the controlling board shall be considered to be	592
awarded solely by the agency or department that submitted the	593
contract to the controlling board.	594

(N)(1) Divisions (I) and, (J), (Y), and (Z) of this section	595
apply to contributions made to the holder of a public office	596
having ultimate responsibility for the award of a contract, or to	597
the public officer's campaign committee, during the time the	598
person holds the office and during any time such person was a	599
candidate for the office. Those divisions do not apply to	600
contributions made to, or to the campaign committee of, a	601
candidate for or holder of the office other than the holder of the	602
office at the time of the award of the contractthe public office	603
having ultimate responsibility for the award of the contract	604
during any such time the person is a candidate for that office.	605
For the purpose of this division, a person becomes a candidate for	606
the public office having ultimate authority for the award of the	607
contract when the person becomes a candidate for that office by	608
filing a declaration of candidacy, a declaration of intent to be a	609
write-in candidate, or a nominating petition, through party	610
nomination at a primary election, or by the filling of a vacancy	611
under section 3513.30 or 3513.31 of the Revised Code.	612

(2) Divisions (I) and, (J), (Y), and (Z) of this section do	613
not apply to contributions of a partner, shareholder,	614
administrator, executor, trustee, or owner of more than twenty per	615
cent of a corporation or business trust made before the person	616
held any of those positions or after the person ceased to hold any	617
of those positions in the partnership or other unincorporated	618
business, association, estate, trust, corporation, or business	619
trust whose eligibility to be awarded a contract is being	620
determined, nor to contributions of the person's spouse made	621
before the person held any of those positions, after the person	622
ceased to hold any of those positions, before the two were	623
married, after the granting of a decree of divorce, dissolution of	624
marriage, or annulment, or after the granting of an order in an	625
action brought solely for legal separation. Those divisions do not	626
apply to contributions of the spouse of an individual whose	627
eligibility to be awarded a contract is being determined made	628
before the two were married, after the granting of a decree of	629
divorce, dissolution of marriage, or annulment, or after the	630
granting of an order in an action brought solely for legal	631
separation.	632

(O) No beneficiary of a campaign fund or other person shall	633
convert for personal use, and no person shall knowingly give to a	634
beneficiary of a campaign fund or any other person, for the	635
beneficiary's or any other person's personal use, anything of	636
value from the beneficiary's campaign fund, including, without	637
limitation, payments to a beneficiary for services the beneficiary	638
personally performs, except as reimbursement for any of the	639
following:	640

(1) Legitimate and verifiable prior campaign expenses	641
incurred by the beneficiary;	642

(2) Legitimate and verifiable ordinary and necessary prior	643
expenses incurred by the beneficiary in connection with duties as	644
the holder of a public office, including, without limitation,	645
expenses incurred through participation in nonpartisan or	646
bipartisan events if the participation of the holder of a public	647
office would normally be expected;	648

(3) Legitimate and verifiable ordinary and necessary prior	649
expenses incurred by the beneficiary while doing any of the	650
following:	651

(a) Engaging in activities in support of or opposition to a	652
candidate other than the beneficiary, political party, or ballot	653
issue;	654

(b) Raising funds for a political party, political action	655
committee, political contributing entity, legislative campaign	656
fund, campaign committee, or other candidate;	657

(c) Participating in the activities of a political party,	658
political action committee, political contributing entity,	659
legislative campaign fund, or campaign committee;	660

(d) Attending a political party convention or other political	661
meeting.	662

For purposes of this division, an expense is incurred	663
whenever a beneficiary has either made payment or is obligated to	664
make payment, as by the use of a credit card or other credit	665
procedure or by the use of goods or services received on account.	666

(P) No beneficiary of a campaign fund shall knowingly accept,	667
and no person shall knowingly give to the beneficiary of a	668
campaign fund, reimbursement for an expense under division (O) of	669
this section to the extent that the expense previously was	670
reimbursed or paid from another source of funds. If an expense is	671
reimbursed under division (O) of this section and is later paid or	672
reimbursed, wholly or in part, from another source of funds, the	673
beneficiary shall repay the reimbursement received under division	674
(O) of this section to the extent of the payment made or	675
reimbursement received from the other source.	676

(Q) No candidate or public official or employee shall accept	677
for personal or business use anything of value from a political	678
party, political action committee, political contributing entity,	679
legislative campaign fund, or campaign committee other than the	680
candidate's or public official's or employee's own campaign	681
committee, and no person shall knowingly give to a candidate or	682
public official or employee anything of value from a political	683
party, political action committee, political contributing entity,	684
legislative campaign fund, or such a campaign committee, except	685
for the following:	686

(1) Reimbursement for legitimate and verifiable ordinary and	687
necessary prior expenses not otherwise prohibited by law incurred	688
by the candidate or public official or employee while engaged in	689
any legitimate activity of the political party, political action	690
committee, political contributing entity, legislative campaign	691
fund, or such campaign committee. Without limitation, reimbursable	692
expenses under this division include those incurred while doing	693
any of the following:	694

(a) Engaging in activities in support of or opposition to	695
another candidate, political party, or ballot issue;	696

(b) Raising funds for a political party, legislative campaign	697
fund, campaign committee, or another candidate;	698

(c) Attending a political party convention or other political	699
meeting.	700

(2) Compensation not otherwise prohibited by law for actual	701
and valuable personal services rendered under a written contract	702
to the political party, political action committee, political	703
contributing entity, legislative campaign fund, or such campaign	704
committee for any legitimate activity of the political party,	705
political action committee, political contributing entity,	706
legislative campaign fund, or such campaign committee.	707

Reimbursable expenses under this division do not include, and	708
it is a violation of this division for a candidate or public	709
official or employee to accept, or for any person to knowingly	710
give to a candidate or public official or employee from a	711
political party, political action committee, political	712
contributing entity, legislative campaign fund, or campaign	713
committee other than the candidate's or public official's or	714
employee's own campaign committee, anything of value for	715
activities primarily related to the candidate's or public	716
official's or employee's own campaign for election, except for	717
contributions to the candidate's or public official's or	718
employee's campaign committee.	719

For purposes of this division, an expense is incurred	720
whenever a candidate or public official or employee has either	721
made payment or is obligated to make payment, as by the use of a	722
credit card or other credit procedure, or by the use of goods or	723
services on account.	724

(R)(1) Division (O) or (P) of this section does not prohibit	725
a campaign committee from making direct advance or post payment	726
from contributions to vendors for goods and services for which	727
reimbursement is permitted under division (O) of this section,	728
except that no campaign committee shall pay its candidate or other	729
beneficiary for services personally performed by the candidate or	730
other beneficiary.	731

(2) If any expense that may be reimbursed under division (O),	732
(P), or (Q) of this section is part of other expenses that may not	733
be paid or reimbursed, the separation of the two types of expenses	734
for the purpose of allocating for payment or reimbursement those	735
expenses that may be paid or reimbursed may be by any reasonable	736
accounting method, considering all of the surrounding	737
circumstances.	738

(3) For purposes of divisions (O), (P), and (Q) of this	739
section, mileage allowance at a rate not greater than that allowed	740
by the internal revenue service at the time the travel occurs may	741
be paid instead of reimbursement for actual travel expenses	742
allowable.	743

(S)(1) As used in division (S) of this section:

744

(a) "State elective office" has the same meaning as in	745
section 3517.092 of the Revised Code.	746

(b) "Federal office" means a federal office as defined in the	747
Federal Election Campaign Act.	748

(c) "Federal campaign committee" means a principal campaign	749
committee or authorized committee as defined in the Federal	750
Election Campaign Act.	751

(2) No person who is a candidate for state elective office	752
and who previously sought nomination or election to a federal	753
office shall transfer any funds or assets from that person's	754
federal campaign committee for nomination or election to the	755
federal office to that person's campaign committee as a candidate	756
for state elective office.	757

(3) No campaign committee of a person who is a candidate for	758
state elective office and who previously sought nomination or	759
election to a federal office shall accept any funds or assets from	760
that person's federal campaign committee for that person's	761
nomination or election to the federal office.	762

(T)(1) Except as otherwise provided in division (B)(6)(c) of	763
section 3517.102 of the Revised Code, a state or county political	764
party shall not disburse moneys from any account other than a	765
state candidate fund to make contributions to any of the	766
following:	767

(a) A state candidate fund;

768

(b) A legislative campaign fund;

769

(c) A campaign committee of a candidate for the office of	770
governor, lieutenant governor, secretary of state, auditor of	771
state, treasurer of state, attorney general, member of the state	772
board of education, or member of the general assembly.	773

(2) No state candidate fund, legislative campaign fund, or	774
campaign committee of a candidate for any office described in	775
division (T)(1)(c) of this section shall knowingly accept a	776
contribution in violation of division (T)(1) of this section.	777

(U) No person shall fail to file a statement required under	778
section 3517.12 of the Revised Code.	779

(V) No campaign committee shall fail to file a statement	780
required under division (K)(3) of section 3517.10 of the Revised	781
Code.	782

(W)(1) No foreign national shall, directly or indirectly	783
through any other person or entity, make a contribution,	784
expenditure, or independent expenditure or promise, either	785
expressly or implicitly, to make a contribution, expenditure, or	786
independent expenditure in support of or opposition to a candidate	787
for any elective office in this state, including an office of a	788
political party.	789

(2) No candidate, campaign committee, political action	790
committee, political contributing entity, legislative campaign	791
fund, state candidate fund, political party, or separate	792
segregated fund shall solicit or accept a contribution,	793
expenditure, or independent expenditure from a foreign national.	794
The secretary of state may direct any candidate, committee,	795
entity, fund, or party that accepts a contribution, expenditure,	796
or independent expenditure in violation of this division to return	797
the contribution, expenditure, or independent expenditure or, if	798
it is not possible to return the contribution, expenditure, or	799
independent expenditure, then to return instead the value of it,	800
to the contributor.	801

(3) As used in division (W) of this section, "foreign	802
national" has the same meaning as in section 441e(b) of the	803
Federal Election Campaign Act.	804

(X)(1) No state or county political party shall transfer any	805
moneys from its restricted fund to any account of the political	806
party into which contributions may be made or from which	807
contributions or expenditures may be made.	808

(2)(a) No state or county political party shall deposit a	809
contribution or contributions that it receives into its restricted	810
fund.	811

(b) No state or county political party shall make a	812
contribution or an expenditure from its restricted fund.	813

(3)(a) No corporation or labor organization shall make a gift	814
or gifts from the corporation's or labor organization's money or	815
property aggregating more than ten thousand dollars to any one	816
state or county political party for the party's restricted fund in	817
a calendar year.	818

(b) No state or county political party shall accept a gift or	819
gifts for the party's restricted fund aggregating more than ten	820
thousand dollars from any one corporation or labor organization in	821
a calendar year.	822

(4) No state or county political party shall transfer any	823
moneys in the party's restricted fund to any other state or county	824
political party.	825

(5) No state or county political party shall knowingly fail	826
to file a statement required under section 3517.1012 of the	827
Revised Code.	828

(Y) The(1)(a) Subject to divisions (L), (M)(2), and (N) of	829
this section, the administrator of workers' compensation and the	830
employees of the bureau of workers' compensation shall not conduct	831
any business with or award any contract, other than one awarded by	832
competitive bidding, for the purchase of goods costing more than	833
five hundred dollars or services costing more than five hundred	834
dollars to any individual, partnership or other unincorporated	835
business, association, including, without limitation, a	836
professional association organized under Chapter 1785. of the	837
Revised Code, estate, or trust, if the individual has made, or the	838
individual's spouse has made, or any partner, shareholder,	839
administrator, executor, or trustee, or the spouses of any of	840
those individualsany of the following has made, as an individual,	841
within the two previous calendar years, one or more contributions	842
totaling in excess of one thousand dollars to the campaign	843
committee of the governor or lieutenant governor or to the	844
campaign committee of any candidate for the office of governor or	845
lieutenant governor:	846

(i) The individual;

847

(ii) Any partner or owner of the partnership or other	848
unincorporated business;	849

(iii) Any shareholder of the association;

850

(iv) Any administrator of the estate;

851

(v) Any executor of the estate;

852

(vi) Any trustee of the trust;

853

(vii) The spouse of any person identified in divisions	854
(Y)(1)(a)(i) to (vi) of this section;	855

(viii) Any child seven years of age through seventeen years	856
of age of any person identified in divisions (Y)(1)(a)(i) to (vi)	857
of this section.	858

(b) Subject to divisions (L), (M)(2), and (N) of this	859
section, the administrator of workers' compensation and the	860
employees of the bureau of workers' compensation shall not conduct	861
any business with or award any contract for the purchase of goods	862
costing more than five hundred dollars or services costing more	863
than five hundred dollars to any individual, partnership or other	864
unincorporated business, association, including, without	865
limitation, a professional association organized under Chapter	866
1785. of the Revised Code, estate, or trust if any combination of	867
the following has made, within the two previous calendar years,	868
one or more contributions totaling in excess of two thousand	869
dollars to the campaign committee of the governor or lieutenant	870
governor or to the campaign committee of any candidate for the	871
office of governor or lieutenant governor:	872

(i) The individual;

873

(ii) Any partner or owner of the partnership or other	874
unincorporated business;	875

(iii) Any shareholder of the association;

876

(iv) Any administrator of the estate;

877

(v) Any executor of the estate;

878

(vi) Any trustee of the trust;

879

(vii) The spouse of any person identified in divisions	880
(Y)(1)(b)(i) to (vi) of this section;	881

(viii) Any child seven years of age through seventeen years	882
of age of any person identified in divisions (Y)(1)(b)(i) to (vi)	883
of this section;	884

(ix) Any political action committee affiliated with the	885
partnership or other unincorporated business, association, estate,	886
or trust.	887

(2)(a) Subject to divisions (L), (M)(2), and (N) of this	888
section, if the administrator of workers' compensation or the	889
employees of the bureau of workers' compensation has awarded a	890
contract for the purchase of goods costing more than five hundred	891
dollars or services costing more than five hundred dollars to any	892
individual, partnership or other unincorporated business,	893
association, including, without limitation, a professional	894
association organized under Chapter 1785. of the Revised Code,	895
estate, or trust, none of the following shall, beginning on the	896
date the contract is awarded and extending until one year	897
following the conclusion of that contract, make one or more	898
contributions totaling in excess of one thousand dollars to the	899
campaign committee of the governor or lieutenant governor or to	900
the campaign committee of any candidate for the office of governor	901
or lieutenant governor:	902

(i) The individual;

903

(ii) Any partner or owner of the partnership or other	904
unincorporated business;	905

(iii) Any shareholder of the association;

906

(iv) Any administrator of the estate;

907

(v) Any executor of the estate;

908

(vi) Any trustee of the trust;

909

(vii) The spouse of any person identified in divisions	910
(Y)(2)(a)(i) to (vi) of this section;	911

(viii) Any child seven years of age through seventeen years	912
of age of any person identified in divisions (Y)(2)(a)(i) to (vi)	913
of this section.	914

(b) Subject to divisions (L), (M)(2), and (N) of this	915
section, if the administrator of workers' compensation or the	916
employees of the bureau of workers' compensation has awarded a	917
contract for the purchase of goods costing more than five hundred	918
dollars or services costing more than five hundred dollars to any	919
individual, partnership or other unincorporated business,	920
association, including, without limitation, a professional	921
association organized under Chapter 1785. of the Revised Code,	922
estate, or trust, no combination of any of the following shall,	923
beginning on the date the contract is awarded and extending until	924
one year following the conclusion of that contract, make one or	925
more contributions totaling in excess of two thousand dollars to	926
the campaign committee of the governor or lieutenant governor or	927
to the campaign committee of any candidate for the office of	928
governor or lieutenant governor:	929

(i) The individual;

930

(ii) Any partner or owner of the partnership or other	931
unincorporated business;	932

(iii) Any shareholder of the association;

933

(iv) Any administrator of the estate;

934

(v) Any executor of the estate;

935

(vi) Any trustee of the trust;

936

(vii) The spouse of any person identified in divisions	937
(Y)(2)(b)(i) to (vi) of this section;	938

(viii) Any child seven years of age through seventeen years	939
of age of any person identified in divisions (Y)(2)(b)(i) to (vi)	940
of this section;	941

(ix) Any political action committee affiliated with the	942
partnership or other unincorporated business, association, estate,	943
or trust.	944

(3) Subject to divisions (L), (M)(2), and (N) of this	945
section, the administrator of workers' compensation and the	946
employees of the bureau of workers' compensation shall not enter	947
into any contract for the purchase of goods costing more than five	948
hundred dollars or services costing more than five hundred dollars	949
with an individual, partnership or other unincorporated business,	950
association, including, without limitation, a professional	951
association organized under Chapter 1785. of the Revised Code,	952
estate, or trust unless the contract includes a certification by	953
the individual, partnership or other unincorporated business,	954
association, estate, or trust that all of the following persons,	955
if applicable, are in compliance with division (Y)(1) of this	956
section:	957

(a) The individual;

958

(b) Each partner or owner of the partnership or other	959
unincorporated business;	960

(c) Each shareholder of the association;

961

(d) Each administrator of the estate;

962

(e) Each executor of the estate;

963

(f) Each trustee of the trust;

964

(g) Each spouse of any person identified in divisions	965
(Y)(3)(a) to (f) of this section;	966

(h) Each child seven years of age to seventeen years of age	967
of any person identified in divisions (Y)(3)(a) to (f) of this	968
section;	969

(i) Any combination of persons identified in divisions	970
(Y)(3)(a) to (h) of this section.	971

(4)(a) Subject to divisions (L), (M)(2), and (N) of this	972
section, the administrator of workers' compensation and the	973
employees of the bureau of workers' compensation shall not conduct	974
any business with or award any contract for the purchase of goods	975
costing more than five hundred dollars or services costing more	976
than five hundred dollars to any partnership or other	977
unincorporated business, association, including, without	978
limitation, a professional association organized under Chapter	979
1785. of the Revised Code, estate, or trust if a political action	980
committee that is affiliated with the partnership or other	981
unincorporated business, association, estate, or trust has made,	982
within the two previous calendar years, one or more contributions	983
totaling in excess of two thousand dollars to the campaign	984
committee of the governor or lieutenant governor or to the	985
campaign committee of any candidate for the office of governor or	986
lieutenant governor.	987

(b) Subject to divisions (L), (M)(2), and (N) of this	988
section, if the administrator of workers' compensation or the	989
employees of the bureau of workers' compensation has awarded any	990
contract for the purchase of goods costing more than five hundred	991
dollars or services costing more than five hundred dollars to any	992
partnership or other unincorporated business, association,	993
including, without limitation, a professional association	994
organized under Chapter 1785. of the Revised Code, estate, or	995
trust, no political action committee that is affiliated with the	996
partnership or other unincorporated business, association, estate,	997
or trust shall, beginning on the date the contract is awarded and	998
extending until one year following the conclusion of that	999
contract, make one or more contributions totaling in excess of two	1000
thousand dollars to the campaign committee of the governor or	1001
lieutenant governor or to the campaign committee of any candidate	1002
for the office of governor or lieutenant governor.	1003

(Z) The(1)(a) Subject to divisions (L), (M)(2), and (N) of	1004
this section, the administrator of workers' compensation and the	1005
employees of the bureau of workers' compensation shall not conduct	1006
business with or award any contract, other than one awarded by	1007
competitive bidding, for the purchase of goods costing more than	1008
five hundred dollars or services costing more than five hundred	1009
dollars to a corporation or business trust, except a professional	1010
association organized under Chapter 1785. of the Revised Code, if	1011
an owner of more than twenty per cent of the corporation or	1012
business trust, or the spouse of the owner,any of the following	1013
has made, as an individual, within the two previous calendar	1014
years, taking into consideration only owners for all of such	1015
period, one or more contributions totaling in excess of one	1016
thousand dollars to the campaign committee of the governor or	1017
lieutenant governor or to the campaign committee of any candidate	1018
for the office of governor or lieutenant governor:	1019

(i) An owner of more than twenty per cent of the corporation	1020
or business trust;	1021

(ii) A spouse of an owner of more than twenty per cent of the	1022
corporation or business trust;	1023

(iii) A child seven years of age through seventeen years of	1024
age of an owner of more than twenty per cent of the corporation or	1025
business trust.	1026

(b) Subject to divisions (L), (M)(2), and (N) of this	1027
section, the administrator of workers' compensation and the	1028
employees of the bureau of workers' compensation shall not conduct	1029
any business with or award any contract for the purchase of goods	1030
costing more than five hundred dollars or services costing more	1031
than five hundred dollars to a corporation or business trust,	1032
except a professional association organized under Chapter 1785. of	1033
the Revised Code, if any combination of the following has made,	1034
within the two previous calendar years, taking into consideration	1035
only owners for all of that period, one or more contributions	1036
totaling in excess of two thousand dollars to the campaign	1037
committee of the governor or lieutenant governor or to the	1038
campaign committee of any candidate for the office of governor or	1039
lieutenant governor:	1040

(i) Owners of more than twenty per cent of the corporation or	1041
business trust;	1042

(ii) Spouses of owners of more than twenty per cent of the	1043
corporation or business trust;	1044

(iii) Children seven years of age through seventeen years of	1045
age of owners of more than twenty per cent of the corporation or	1046
business trust;	1047

(iv) Any political action committee affiliated with the	1048
corporation or business trust.	1049

(2)(a) Subject to divisions (L), (M)(2), and (N) of this	1050
section, if the administrator of workers' compensation or the	1051
employees of the bureau of workers' compensation has awarded a	1052
contract for the purchase of goods costing more than five hundred	1053
dollars or services costing more than five hundred dollars to a	1054
corporation or business trust, except a professional association	1055
organized under Chapter 1785. of the Revised Code, none of the	1056
following shall, beginning on the date the contract is awarded and	1057
extending until one year following the conclusion of that	1058
contract, make one or more contributions totaling in excess of one	1059
thousand dollars to the campaign committee of the governor or	1060
lieutenant governor or to the campaign committee of any candidate	1061
for the office of governor or lieutenant governor:	1062

(i) An owner of more than twenty per cent of the corporation	1063
or business trust;	1064

(ii) A spouse of an owner of more than twenty per cent of the	1065
corporation or business trust;	1066

(iii) A child seven years of age through seventeen years of	1067
age of an owner of more than twenty per cent of the corporation or	1068
business trust.	1069

(b) Subject to divisions (L), (M)(2), and (N) of this	1070
section, if the administrator of workers' compensation or the	1071
employees of the bureau of workers' compensation has awarded a	1072
contract for the purchase of goods costing more than five hundred	1073
dollars or services costing more than five hundred dollars to a	1074
corporation or business trust, except a professional association	1075
organized under Chapter 1785. of the Revised Code, no combination	1076
of any of the following shall, beginning on the date the contract	1077
is awarded and extending until one year following the conclusion	1078
of that contract, make one or more contributions totaling in	1079
excess of two thousand dollars to the campaign committee of the	1080
governor or lieutenant governor or to the campaign committee of	1081
any candidate for the office of governor or lieutenant governor:	1082

(i) Owners of more than twenty per cent of the corporation or	1083
business trust;	1084

(ii) Spouses of owners of more than twenty per cent of the	1085
corporation or business trust;	1086

(iii) Children seven years of age through seventeen years of	1087
age of owners of more than twenty per cent of the corporation or	1088
business trust;	1089

(iv) Any political action committee affiliated with the	1090
corporation or business trust.	1091

(3) Subject to divisions (L), (M)(2), and (N) of this	1092
section, the administrator of workers' compensation and the	1093
employees of the bureau of workers' compensation shall not enter	1094
into any contract for the purchase of goods costing more than five	1095
hundred dollars or services costing more than five hundred dollars	1096
with a corporation or business trust, except a professional	1097
association organized under Chapter 1785. of the Revised Code,	1098
unless the contract includes a certification by the corporation or	1099
business trust that all of the following persons, if applicable,	1100
are in compliance with division (Z)(1) of this section:	1101

(a) Each owner of more than twenty per cent of the	1102
corporation or business trust;	1103

(b) Each spouse of an owner of more than twenty per cent of	1104
the corporation or business trust;	1105

(c) Each child seven years of age to seventeen years of age	1106
of an owner of more than twenty per cent of the corporation or	1107
business trust;	1108

(d) Any combination of persons identified in divisions	1109
(Z)(3)(a) to (c) of this section.	1110

(4)(a) Subject to divisions (L), (M)(2), and (N) of this	1111
section, the administrator of workers' compensation and the	1112
employees of the bureau of workers' compensation shall not conduct	1113
business with or award any contract for the purchase of goods	1114
costing more than five hundred dollars or services costing more	1115
than five hundred dollars to any corporation or business trust,	1116
except a professional association organized under Chapter 1785. of	1117
the Revised Code, if a political action committee that is	1118
affiliated with the corporation or business trust has made, within	1119
the two previous calendar years, one or more contributions	1120
totaling in excess of two thousand dollars to the campaign	1121
committee of the governor or lieutenant governor or to the	1122
campaign committee of any candidate for the office of governor or	1123
lieutenant governor.	1124

(b) Subject to divisions (L), (M)(2), and (N) of this	1125
section, if the administrator of workers' compensation or the	1126
employees of the bureau of workers' compensation has awarded any	1127
contract for the purchase of goods costing more than five hundred	1128
dollars or services costing more than five hundred dollars to any	1129
corporation or business trust, except a professional association	1130
organized under Chapter 1785. of the Revised Code, no political	1131
action committee that is affiliated with the corporation or	1132
business trust shall, beginning on the date the contract is	1133
awarded and extending until one year following the conclusion of	1134
that contract, make one or more contributions totaling in excess	1135
of two thousand dollars to the campaign committee of the governor	1136
or lieutenant governor or to the campaign committee of any	1137
candidate for the office of governor or lieutenant governor.	1138

(AA) No individual, partnership or other incorporated	1139
business, association, estate, trust, corporation, or business	1140
trust shall knowingly make a false statement on a certification	1141
required under division (I)(3), (J)(3), (Y)(3), or (Z)(3) of this	1142
section.	1143

Sec. 3517.992.  This section establishes penalties only with	1144
respect to acts or failures to act that occur on and after August	1145
24, 1995.	1146

(A)(1) A candidate whose campaign committee violates division	1147
(A), (B), (C), (D), or (V) of section 3517.13 of the Revised Code,	1148
or a treasurer of a campaign committee who violates any of those	1149
divisions, shall be fined not more than one hundred dollars for	1150
each day of violation.	1151

(2) Whoever violates division (E) or (X)(5) of section	1152
3517.13 of the Revised Code shall be fined not more than one	1153
hundred dollars for each day of violation.	1154

(B) A political party that violates division (F)(1) of	1155
section 3517.101 of the Revised Code shall be fined not more than	1156
one hundred dollars for each day of violation.	1157

(C) Whoever violates division (F)(2) of section 3517.101 or	1158
division (G) of section 3517.13 of the Revised Code shall be fined	1159
not more than ten thousand dollars or, if the offender is a person	1160
who was nominated or elected to public office, shall forfeit the	1161
nomination or the office to which the offender was elected, or	1162
both.	1163

(D) Whoever violates division (F) of section 3517.13 of the	1164
Revised Code shall be fined not more than three times the amount	1165
contributed.	1166

(E) Whoever violates division (H) of section 3517.13 of the	1167
Revised Code shall be fined not more than one hundred dollars.	1168

(F) Whoever violates division (O), (P), or (Q) of section	1169
3517.13 of the Revised Code is guilty of a misdemeanor of the	1170
first degree.	1171

(G) A state or county committee of a political party that	1172
violates division (B)(1) of section 3517.18 of the Revised Code	1173
shall be fined not more than twice the amount of the improper	1174
expenditure.	1175

(H) A state or county political party that violates division	1176
(G) of section 3517.101 of the Revised Code shall be fined not	1177
more than twice the amount of the improper expenditure or use.	1178

(I)(1) Any individual who violates division (B)(1) of section	1179
3517.102 of the Revised Code and knows that the contribution the	1180
individual makes violates that division shall be fined an amount	1181
equal to three times the amount contributed in excess of the	1182
amount permitted by that division.	1183

(2) Any political action committee that violates division	1184
(B)(2) of section 3517.102 of the Revised Code shall be fined an	1185
amount equal to three times the amount contributed in excess of	1186
the amount permitted by that division.	1187

(3) Any campaign committee that violates division (B)(3) or	1188
(5) of section 3517.102 of the Revised Code shall be fined an	1189
amount equal to three times the amount contributed in excess of	1190
the amount permitted by that division.	1191

(4)(a) Any legislative campaign fund that violates division	1192
(B)(6) of section 3517.102 of the Revised Code shall be fined an	1193
amount equal to three times the amount transferred or contributed	1194
in excess of the amount permitted by that division, as applicable.	1195

(b) Any state political party, county political party, or	1196
state candidate fund of a state political party or county	1197
political party that violates division (B)(6) of section 3517.102	1198
of the Revised Code shall be fined an amount equal to three times	1199
the amount transferred or contributed in excess of the amount	1200
permitted by that division, as applicable.	1201

(c) Any political contributing entity that violates division	1202
(B)(7) of section 3517.102 of the Revised Code shall be fined an	1203
amount equal to three times the amount contributed in excess of	1204
the amount permitted by that division.	1205

(5) Any political party that violates division (B)(4) of	1206
section 3517.102 of the Revised Code shall be fined an amount	1207
equal to three times the amount contributed in excess of the	1208
amount permitted by that division.	1209

(6) Notwithstanding divisions (I)(1), (2), (3), (4), and (5)	1210
of this section, no violation of division (B) of section 3517.102	1211
of the Revised Code occurs, and the secretary of state shall not	1212
refer parties to the Ohio elections commission, if the amount	1213
transferred or contributed in excess of the amount permitted by	1214
that division meets either of the following conditions:	1215

(a) It is completely refunded within five business days after	1216
it is accepted.	1217

(b) It is completely refunded on or before the tenth business	1218
day after notification to the recipient of the excess transfer or	1219
contribution by the board of elections or the secretary of state	1220
that a transfer or contribution in excess of the permitted amount	1221
has been received.	1222

(J)(1) Any campaign committee that violates division (C)(1),	1223
(2), (3), or (6) of section 3517.102 of the Revised Code shall be	1224
fined an amount equal to three times the amount accepted in excess	1225
of the amount permitted by that division.	1226

(2)(a) Any county political party that violates division	1227
(C)(4)(a)(ii) or (iii) of section 3517.102 of the Revised Code	1228
shall be fined an amount equal to three times the amount accepted.	1229

(b) Any county political party that violates division	1230
(C)(4)(a)(i) of section 3517.102 of the Revised Code shall be	1231
fined an amount from its state candidate fund equal to three times	1232
the amount accepted in excess of the amount permitted by that	1233
division.	1234

(c) Any state political party that violates division	1235
(C)(4)(b) of section 3517.102 of the Revised Code shall be fined	1236
an amount from its state candidate fund equal to three times the	1237
amount accepted in excess of the amount permitted by that	1238
division.	1239

(3) Any legislative campaign fund that violates division	1240
(C)(5) of section 3517.102 of the Revised Code shall be fined an	1241
amount equal to three times the amount accepted in excess of the	1242
amount permitted by that division.	1243

(4) Any political action committee or political contributing	1244
entity that violates division (C)(7) of section 3517.102 of the	1245
Revised Code shall be fined an amount equal to three times the	1246
amount accepted in excess of the amount permitted by that	1247
division.	1248

(5) Notwithstanding divisions (J)(1), (2), (3), and (4) of	1249
this section, no violation of division (C) of section 3517.102 of	1250
the Revised Code occurs, and the secretary of state shall not	1251
refer parties to the Ohio elections commission, if the amount	1252
transferred or contributed in excess of the amount permitted to be	1253
accepted by that division meets either of the following	1254
conditions:	1255

(a) It is completely refunded within five business days after	1256
its acceptance.	1257

(b) It is completely refunded on or before the tenth business	1258
day after notification to the recipient of the excess transfer or	1259
contribution by the board of elections or the secretary of state	1260
that a transfer or contribution in excess of the permitted amount	1261
has been received.	1262

(K)(1) Any legislative campaign fund that violates division	1263
(F)(1) of section 3517.102 of the Revised Code shall be fined	1264
twenty-five dollars for each day of violation.	1265

(2) Any legislative campaign fund that violates division	1266
(F)(2) of section 3517.102 of the Revised Code shall give to the	1267
treasurer of state for deposit into the state treasury to the	1268
credit of the Ohio elections commission fund all excess	1269
contributions not disposed of as required by division (E) of	1270
section 3517.102 of the Revised Code.	1271

(L) Whoever violates section 3517.105 of the Revised Code	1272
shall be fined one thousand dollars.	1273

(M)(1) Whoever solicits a contribution in violation of	1274
section 3517.092 or violates division (B) of section 3517.09 of	1275
the Revised Code is guilty of a misdemeanor of the first degree.	1276

(2) Whoever knowingly accepts a contribution in violation of	1277
division (B) or (C) of section 3517.092 of the Revised Code shall	1278
be fined an amount equal to three times the amount accepted in	1279
violation of either of those divisions and shall return to the	1280
contributor any amount so accepted. Whoever unknowingly accepts a	1281
contribution in violation of division (B) or (C) of section	1282
3517.092 of the Revised Code shall return to the contributor any	1283
amount so accepted.	1284

(N) Whoever violates division (S) of section 3517.13 of the	1285
Revised Code shall be fined an amount equal to three times the	1286
amount of funds transferred or three times the value of the assets	1287
transferred in violation of that division.	1288

(O) Any campaign committee that accepts a contribution or	1289
contributions in violation of section 3517.108 of the Revised	1290
Code, uses a contribution in violation of that section, or fails	1291
to dispose of excess contributions in violation of that section	1292
shall be fined an amount equal to three times the amount accepted,	1293
used, or kept in violation of that section.	1294

(P) Any political party, state candidate fund, legislative	1295
candidate fund, or campaign committee that violates division (T)	1296
of section 3517.13 of the Revised Code shall be fined an amount	1297
equal to three times the amount contributed or accepted in	1298
violation of that section.	1299

(Q) A treasurer of a committee or another person who violates	1300
division (U) of section 3517.13 of the Revised Code shall be fined	1301
not more than two hundred fifty dollars.	1302

(R)(1) Whoever violates division (I) or(1), (I)(4)(a),	1303
(J)(1), (J)(4)(a), (Y)(1), (Y)(4)(a), (Z)(1), or (Z)(4)(a) of	1304
section 3517.13 of the Revised Code shall be fined not more than	1305
one thousand dollars. Whenever a person is found guilty of	1306
violating division (I) or (J) of section 3517.13 of the Revised	1307
Codeany of those divisions, the contract awarded in violation of	1308
either of those divisionsthe applicable division shall be	1309
rescinded if its terms have not yet been performed.	1310

(2) Whoever violates division (I)(2), (I)(4)(b), (J)(2),	1311
(J)(4)(b), (Y)(2), (Y)(4)(b), (Z)(2), or (Z)(4)(b) of section	1312
3517.13 of the Revised Code shall be fined an amount equal to	1313
three times the amount contributed in excess of the amount	1314
permitted by the applicable division. Whenever a person is found	1315
guilty of violating any of those divisions, any contract that	1316
makes the person subject to the applicable division may be	1317
rescinded at the discretion of the elections commission.	1318

(3) Whoever violates division (AA) of section 3517.13 of the	1319
Revised Code is guilty of a felony of the fifth degree, and the	1320
contract that includes the certification made in violation of that	1321
division shall be rescinded.	1322

(S) A candidate whose campaign committee violates or a	1323
treasurer of a campaign committee who violates section 3517.081 of	1324
the Revised Code, and a candidate whose campaign committee	1325
violates or a treasurer of a campaign committee or another person	1326
who violates division (C) of section 3517.10 of the Revised Code,	1327
shall be fined not more than five hundred dollars.	1328

(T) A candidate whose campaign committee violates or a	1329
treasurer of a committee who violates division (B) of section	1330
3517.09 of the Revised Code, or a candidate whose campaign	1331
committee violates or a treasurer of a campaign committee or	1332
another person who violates division (C) of section 3517.09 of the	1333
Revised Code shall be fined not more than one thousand dollars.	1334

(U) Whoever violates section 3517.20 of the Revised Code	1335
shall be fined not more than five hundred dollars.	1336

(V) Whoever violates section 3517.21 or 3517.22 of the	1337
Revised Code shall be imprisoned for not more than six months or	1338
fined not more than five thousand dollars, or both.	1339

(W) A campaign committee that is required to file a	1340
declaration of no limits under division (D)(2) of section 3517.103	1341
of the Revised Code that, before filing that declaration, accepts	1342
a contribution or contributions that exceed the limitations	1343
prescribed in section 3517.102 of the Revised Code, shall return	1344
that contribution or those contributions to the contributor.	1345

(X) Any campaign committee that fails to file the declaration	1346
of filing-day finances required by division (F) of section	1347
3517.109 or the declaration of primary-day finances or declaration	1348
of year-end finances required by division (E) of section 3517.1010	1349
of the Revised Code shall be fined twenty-five dollars for each	1350
day of violation.	1351

(Y) Any campaign committee that fails to dispose of excess	1352
funds or excess aggregate contributions under division (B) of	1353
section 3517.109 of the Revised Code in the manner required by	1354
division (C) of that section or under division (B) of section	1355
3517.1010 of the Revised Code in the manner required by division	1356
(C) of that section shall give to the treasurer of state for	1357
deposit into the Ohio elections commission fund created under	1358
division (I) of section 3517.152 of the Revised Code all funds not	1359
disposed of pursuant to those divisions.	1360

(Z) Any individual, campaign committee, political action	1361
committee, political contributing entity, legislative campaign	1362
fund, political party, or other entity that violates any provision	1363
of sections 3517.09 to 3517.12 of the Revised Code for which no	1364
penalty is provided for under any other division of this section	1365
shall be fined not more than one thousand dollars.	1366

(AA)(1) Whoever knowingly violates division (W)(1) of section	1367
3517.13 of the Revised Code shall be fined an amount equal to	1368
three times the amount contributed, expended, or promised in	1369
violation of that division or ten thousand dollars, whichever	1370
amount is greater.	1371

(2) Whoever knowingly violates division (W)(2) of section	1372
3517.13 of the Revised Code shall be fined an amount equal to	1373
three times the amount solicited or accepted in violation of that	1374
division or ten thousand dollars, whichever amount is greater.	1375

(BB) Whoever knowingly violates division (C) or (D) of	1376
section 3517.1011 of the Revised Code shall be fined not more than	1377
ten thousand dollars plus not more than one thousand dollars for	1378
each day of violation.	1379

(CC)(1) Subject to division (CC)(2) of this section, whoever	1380
violates division (H) of section 3517.1011 of the Revised Code	1381
shall be fined an amount up to three times the amount disbursed	1382
for the direct costs of airing the communication made in violation	1383
of that division.	1384

(2) Whoever has been ordered by the Ohio elections commission	1385
or by a court of competent jurisdiction to cease making	1386
communications in violation of division (H) of section 3517.1011	1387
of the Revised Code who again violates that division shall be	1388
fined an amount equal to three times the amount disbursed for the	1389
direct costs of airing the communication made in violation of that	1390
division.	1391

(DD)(1) Any corporation or labor organization that violates	1392
division (X)(3)(a) of section 3517.13 of the Revised Code shall be	1393
fined an amount equal to three times the amount given in excess of	1394
the amount permitted by that division.	1395

(2) Any state or county political party that violates	1396
division (X)(3)(b) of section 3517.13 of the Revised Code shall be	1397
fined an amount equal to three times the amount accepted in excess	1398
of the amount permitted by that division.	1399

(EE)(1) Whoever solicits or directs a contribution in	1400
violation of division (B) of section 3517.093 of the Revised Code	1401
is guilty of a misdemeanor of the first degree.	1402

(2) Whoever accepts a contribution in violation of division	1403
(C) of section 3517.093 of the Revised Code shall return to the	1404
contributor any amount so accepted.	1405

Section 2.  That existing sections 3517.13` and 3517.992 of	1406
the Revised Code are hereby repealed.	1407

Section 3. Notwithstanding any provision of section 3517.13	1408
of the Revised Code to the contrary, no agency or department of	1409
this state or any political subdivision shall be prohibited from	1410
awarding a state contract, as defined in section 3517.093 of the	1411
Revised Code, to an individual, partnership or other	1412
unincorporated business, association, estate, trust, corporation,	1413
or business trust as a result of any of the following:	1414

(A) Any contribution made prior to January 1, 2007, by a	1415
child seven years of age through seventeen years of age of any of	1416
the following:	1417

(1) An individual who is seeking the award of a state	1418
contract;	1419

(2) A partner or owner of a partnership or other	1420
unincorporated business that is seeking the award of a state	1421
contract;	1422

(3) A shareholder of an association, including, without	1423
limitation, a professional association organized under Chapter	1424
1785. of the Revised Code, that is seeking the award of a state	1425
contract;	1426

(4) An administrator of an estate that is seeking the award	1427
of a state contract;	1428

(5) An executor of an estate that is seeking the award of a	1429
state contract;	1430

(6) A trustee of a trust that is seeking the award of a state	1431
contract;	1432

(7) An owner of more than twenty per cent of a corporation or	1433
business trust, except a professional association organized under	1434
Chapter 1785. of the Revised Code, that is seeking the award of a	1435
state contract.	1436

(B) Any combination of contributions made prior to January 1,	1437
2007, by any combination of the following:	1438

(1) Any person identified in divisions (A)(1) to (7) of this	1439
section;	1440

(2) The spouse of any person identified in divisions (A)(1)	1441
to (7) of this section;	1442

(3) Any child seven years of age through seventeen years of	1443
age of any person identified in divisions (A)(1) to (7) of this	1444
section;	1445

(4) Any political action committee affiliated with the	1446
applicable partnership or other unincorporated business,	1447
association, estate, trust, corporation, or business trust.	1448

(C) Any contribution made prior to January 1, 2007, of more	1449
than one thousand dollars through two thousand dollars by either	1450
of the following:	1451

(1) Any person identified in divisions (A)(1) to (7) of this	1452
section;	1453

(2) The spouse of any person identified in divisions (A)(1)	1454
to (7) of this section.	1455

Section 4. (A) If, on the effective date of this section, any	1456
of the following has awarded a contract and the performance of	1457
that contract has not yet been concluded, the contract shall be	1458
considered to have been awarded on the effective date of this act	1459
for the purpose of divisions (I)(2), (J)(2), (Y)(2), and (Z)(2) of	1460
section 3517.13 of the Revised Code:	1461

(1) Any agency or department of this state;

1462

(2) Any political subdivision;

1463

(3) The Administrator of Workers' Compensation;

1464

(4) The employees of the Bureau of Workers' Compensation.

1465

(B) As used in this section, "contract" means any contract	1466
for the purchase of goods costing more than five hundred dollars	1467
or services costing more than five hundred dollars. A contract for	1468
services includes collective bargaining agreements with a labor	1469
organization representing employees where the holder of the public	1470
office with ultimate responsibility for the award of the agreement	1471
is a state official.	1472

Section 5. If any item of law contained in this act, or if	1473
any application of any item of law contained in this act, is held	1474
invalid, the invalidity does not affect other items of law or	1475
applications of items of law that can be given effect without the	1476
invalid item of law or application. To this end, the items of law	1477
of which the sections contained in this act are composed, and	1478
their applications, are independent and severable.	1479