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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 and to require | 6 |
the Attorney General to review and approve | 7 |
executive agency contracts for more than one | 8 |
million dollars. | 9 |
Section 1. That sections 3517.13 and 3517.992 be amended and | 10 |
sections 109.96 and 3517.093 of the Revised Code be enacted to | 11 |
read as follows: | 12 |
Sec. 109.96. (A) No executive agency shall award a contract | 13 |
that will involve the spending or investing of more than one | 14 |
million dollars of the funds in the custody of the executive | 15 |
agency unless the attorney general has first reviewed and approved | 16 |
the contract. | 17 |
(B) No contract that is required to be reviewed and approved | 18 |
by the attorney general under division (A) of this section shall | 19 |
be submitted to the controlling board before it has been reviewed | 20 |
and approved by the attorney general. | 21 |
(C) The attorney general shall post on the attorney general's | 22 |
web site a copy of each contract that the attorney general reviews | 23 |
and approves under division (A) of this section. | 24 |
(D) As used in this section, "executive agency" has the same | 25 |
meaning as in section 121.60 of the Revised Code. | 26 |
Sec. 3517.093. (A) As used in this section: | 27 |
(1) "Family member of the holder of the state contract" means | 28 |
both of the following: | 29 |
(a) The spouse of any person identified in division (A)(3) of | 30 |
this section; | 31 |
(b) Any child seven years of age through seventeen years of | 32 |
age of any person identified in division (A)(3) of this section. | 33 |
(2) "Holder of the public office with ultimate responsibility | 34 |
for the award of the contract" means all of the following: | 35 |
(a) The governor and lieutenant governor, if the contract is | 36 |
awarded by the office of the governor; | 37 |
(b) The governor, if the governor appoints a public officer | 38 |
who is responsible for the award of the contract, whether or not | 39 |
the appointment is subject to the advice and consent of the | 40 |
senate; | 41 |
(c) The secretary of state, auditor of state, treasurer of | 42 |
state, and attorney general, if the contract is awarded by the | 43 |
respective office; | 44 |
(d) The president of the senate, if the contract is awarded | 45 |
by the senate; | 46 |
(e) The speaker of the house of representatives, if the | 47 |
contract is awarded by the house of representatives. | 48 |
(3) "Holder of the state contract" means any of the | 49 |
following: | 50 |
(a) An individual who has been awarded a state contract; | 51 |
(b) Any partner or owner of a partnership or other | 52 |
unincorporated business that has been awarded a state contract; | 53 |
(c) Any shareholder of an association, including, without | 54 |
limitation, a professional association organized under Chapter | 55 |
1785. of the Revised Code, that has been awarded a state contract; | 56 |
(d) Any administrator of an estate that has been awarded a | 57 |
state contract; | 58 |
(e) Any executor of an estate that has been awarded a state | 59 |
contract; | 60 |
(f) Any trustee of a trust that has been awarded a state | 61 |
contract; | 62 |
(g) Any owner of more than twenty per cent of a corporation | 63 |
or business trust, except a professional association organized | 64 |
under Chapter 1785. of the Revised Code, that has been awarded a | 65 |
state contract. | 66 |
(4) "State contract" means a contract awarded by any agency | 67 |
or department of this state, the administrator of workers' | 68 |
compensation, or the employees of the bureau of workers' | 69 |
compensation, other than a contract awarded by competitive bidding | 70 |
or a contract incidental to such contract or which is by force | 71 |
account, for the purchase of goods costing more than five hundred | 72 |
dollars or services costing more than five hundred dollars. | 73 |
(B) Beginning on the date a state contract is awarded and | 74 |
extending until one year following the conclusion of that | 75 |
contract, the holder of the public office with ultimate | 76 |
responsibility for the award of the contract shall not solicit a | 77 |
contribution from or direct a contribution by the holder of the | 78 |
state contract or a family member of the holder of the state | 79 |
contract to any of the following: | 80 |
(1) Any candidate or the campaign committee of any candidate; | 81 |
(2) A political party; | 82 |
(3) A ballot issue committee or a political action committee | 83 |
or other entity the primary purpose of which is to support or | 84 |
oppose any ballot issue or question that will be presented to | 85 |
voters throughout the entire state; | 86 |
(4) A legislative campaign fund, if the holder of the public | 87 |
office with ultimate responsibility for the award of the contract | 88 |
is the president of the senate or the speaker of the house of | 89 |
representatives. | 90 |
(C) No candidate, campaign committee, political party, ballot | 91 |
issue committee, political action committee, legislative campaign | 92 |
fund, or other entity shall knowingly accept a contribution that | 93 |
is solicited or directed in violation of division (B) of this | 94 |
section. | 95 |
(D) Division (B) of this section does not apply to | 96 |
solicitations made by the holder of the public office with | 97 |
ultimate responsibility for the award of the contract for | 98 |
contributions to the person's own campaign committee. | 99 |
(E)(1) Division (B) of this section does not apply to | 100 |
solicitations of contributions from or the directing of | 101 |
contributions by the holder of the state contract before the | 102 |
person became a partner or owner of the partnership or other | 103 |
unincorporated business, shareholder of the association, | 104 |
administrator of the estate, executor of the estate, trustee of | 105 |
the trust, or owner of more than twenty per cent of a corporation | 106 |
or business trust or after the person ceased to hold any of those | 107 |
positions. | 108 |
(2) Division (B) of this section does not apply to | 109 |
solicitations of contributions from or the directing of | 110 |
contributions by a spouse of the holder of the state contract in | 111 |
any of the following circumstances: | 112 |
(a) Before the holder of the state contract became a partner | 113 |
or owner of the partnership or other unincorporated business, | 114 |
shareholder of the association, administrator of the estate, | 115 |
executor of the estate, trustee of the trust, or owner of more | 116 |
than twenty per cent of a corporation or business trust; | 117 |
(b) After the holder of the state contract ceased to be a | 118 |
partner or owner of the partnership or other unincorporated | 119 |
business, shareholder of the association, administrator of the | 120 |
estate, executor of the estate, trustee of the trust, or owner of | 121 |
more than twenty per cent of a corporation or business trust; | 122 |
(c) Before the two were married; | 123 |
(d) After the granting of a decree of divorce, dissolution of | 124 |
marriage, or annulment; | 125 |
(e) After the granting of an order in an action brought | 126 |
solely for legal separation. | 127 |
(3) Division (B) of this section does not apply to | 128 |
solicitations of contributions from or the directing of | 129 |
contributions by a child seven years of age through seventeen | 130 |
years of age of the holder of the state contract in either of the | 131 |
following circumstances: | 132 |
(a) Before the holder of the state contract became a partner | 133 |
or owner of the partnership or other unincorporated business, | 134 |
shareholder of the association, administrator of the estate, | 135 |
executor of the estate, trustee of the trust, or owner of more | 136 |
than twenty per cent of a corporation or business trust; | 137 |
(b) After the holder of the state contract ceased to be a | 138 |
partner or owner of the partnership or other unincorporated | 139 |
business, shareholder of the association, administrator of the | 140 |
estate, executor of the estate, trustee of the trust, or owner of | 141 |
more than twenty per cent of a corporation or business trust. | 142 |
Sec. 3517.13. (A)(1) No campaign committee of a statewide | 143 |
candidate shall fail to file a complete and accurate statement | 144 |
required under division (A)(1) of section 3517.10 of the Revised | 145 |
Code. | 146 |
(2) No campaign committee of a statewide candidate shall fail | 147 |
to file a complete and accurate monthly statement, and no campaign | 148 |
committee of a statewide candidate or a candidate for the office | 149 |
of chief justice or justice of the supreme court shall fail to | 150 |
file a complete and accurate two-business-day statement, as | 151 |
required under section 3517.10 of the Revised Code. | 152 |
As used in this division, "statewide candidate" has the same | 153 |
meaning as in division (F)(2) of section 3517.10 of the Revised | 154 |
Code. | 155 |
(B) No campaign committee shall fail to file a complete and | 156 |
accurate statement required under division (A)(1) of section | 157 |
3517.10 of the Revised Code. | 158 |
(C) No campaign committee shall fail to file a complete and | 159 |
accurate statement required under division (A)(2) of section | 160 |
3517.10 of the Revised Code. | 161 |
(D) No campaign committee shall fail to file a complete and | 162 |
accurate statement required under division (A)(3) or (4) of | 163 |
section 3517.10 of the Revised Code. | 164 |
(E) No person other than a campaign committee shall knowingly | 165 |
fail to file a statement required under section 3517.10 or | 166 |
3517.107 of the Revised Code. | 167 |
(F) No person shall make cash contributions to any person | 168 |
totaling more than one hundred dollars in each primary, special, | 169 |
or general election. | 170 |
(G)(1) No person shall knowingly conceal or misrepresent | 171 |
contributions given or received, expenditures made, or any other | 172 |
information required to be reported by a provision in sections | 173 |
3517.08 to 3517.13 and 3517.17 of the Revised Code. | 174 |
(2)(a) No person shall make a contribution to a campaign | 175 |
committee, political action committee, political contributing | 176 |
entity, legislative campaign fund, political party, or person | 177 |
making disbursements to pay the direct costs of producing or | 178 |
airing electioneering communications in the name of another | 179 |
person. | 180 |
(b) A person does not make a contribution in the name of | 181 |
another when either of the following applies: | 182 |
(i) An individual makes a contribution from a partnership or | 183 |
other unincorporated business account, if the contribution is | 184 |
reported by listing both the name of the partnership or other | 185 |
unincorporated business and the name of the partner or owner | 186 |
making the contribution as required under division (I) of section | 187 |
3517.10 of the Revised Code. | 188 |
(ii) A person makes a contribution in that person's spouse's | 189 |
name or in both of their names. | 190 |
(H) No person within this state, publishing a newspaper or | 191 |
other periodical, shall charge a campaign committee for political | 192 |
advertising a rate in excess of the rate such person would charge | 193 |
if the campaign committee were a general rate advertiser whose | 194 |
advertising was directed to promoting its business within the same | 195 |
area as that encompassed by the particular office that the | 196 |
candidate of the campaign committee is seeking. The rate shall | 197 |
take into account the amount of space used, as well as the type of | 198 |
advertising copy submitted by or on behalf of the campaign | 199 |
committee. All discount privileges otherwise offered by a | 200 |
newspaper or periodical to general rate advertisers shall be | 201 |
available upon equal terms to all campaign committees. | 202 |
No person within this state, operating a radio or television | 203 |
station or network of stations in this state, shall charge a | 204 |
campaign committee for political broadcasts a rate that exceeds: | 205 |
(1) During the forty-five days preceding the date of a | 206 |
primary election and during the sixty days preceding the date of a | 207 |
general or special election in which the candidate of the campaign | 208 |
committee is seeking office, the lowest unit charge of the station | 209 |
for the same class and amount of time for the same period; | 210 |
(2) At any other time, the charges made for comparable use of | 211 |
that station by its other users. | 212 |
(I)(1)(a) Subject to divisions (K), (L), (M), and (N) of this | 213 |
section, no agency or department of this state or any political | 214 |
subdivision shall award any contract, other than one let by | 215 |
competitive bidding or a contract incidental to such contract or | 216 |
which is by force account, for the purchase of goods costing more | 217 |
than five hundred dollars or services costing more than five | 218 |
hundred dollars to any individual, partnership or other | 219 |
unincorporated business, association, including, without | 220 |
limitation, a professional association organized under Chapter | 221 |
1785. of the Revised Code, estate, or
trust if | 222 |
223 | |
224 | |
225 | |
within the two previous calendar years, one or more contributions | 226 |
totaling in excess of one thousand dollars to the holder of the | 227 |
public office having ultimate responsibility for the award of the | 228 |
contract or
to the public officer's campaign committee | 229 |
(i) The individual; | 230 |
(ii) Any partner or owner of the partnership or other | 231 |
unincorporated business; | 232 |
(iii) Any shareholder of the association; | 233 |
(iv) Any administrator of the estate; | 234 |
(v) Any executor of the estate; | 235 |
(vi) Any trustee of the trust; | 236 |
(vii) The spouse of any person identified in divisions | 237 |
(I)(1)(a)(i) to (vi) of this section; | 238 |
(viii) Any child seven years of age through seventeen years | 239 |
of age of any person identified in divisions (I)(1)(a)(i) to (vi) | 240 |
of this section. | 241 |
(b) Subject to divisions (K), (L), (M), and (N) of this | 242 |
section, no agency or department of this state or any political | 243 |
subdivision shall award any contract, other than one let by | 244 |
competitive bidding or a contract incidental to such a contract or | 245 |
which is by force account, for the purchase of goods costing more | 246 |
than five hundred dollars or services costing more than five | 247 |
hundred dollars to any individual, partnership or other | 248 |
unincorporated business, association, including, without | 249 |
limitation, a professional association organized under Chapter | 250 |
1785. of the Revised Code, estate, or trust if any combination of | 251 |
the following has made, within the two previous calendar years, | 252 |
one or more contributions totaling in excess of one thousand | 253 |
dollars to the holder of the public office having ultimate | 254 |
responsibility for the award of the contract or to the public | 255 |
officer's campaign committee: | 256 |
(i) The individual; | 257 |
(ii) Any partner or owner of the partnership or other | 258 |
unincorporated business; | 259 |
(iii) Any shareholder of the association; | 260 |
(iv) Any administrator of the estate; | 261 |
(v) Any executor of the estate; | 262 |
(vi) Any trustee of the trust; | 263 |
(vii) The spouse of any person identified in divisions | 264 |
(I)(1)(b)(i) to (vi) of this section; | 265 |
(viii) Any child seven years of age through seventeen years | 266 |
of age of any person identified in divisions (I)(1)(b)(i) to (vi) | 267 |
of this section. | 268 |
(2)(a) Subject to divisions (K), (L), (M), and (N) of this | 269 |
section, if any agency or department of this state or any | 270 |
political subdivision has awarded a contract for the purchase of | 271 |
goods costing more than five hundred dollars or services costing | 272 |
more than five hundred dollars, except a contract let by | 273 |
competitive bidding or a contract incidental to such contract or | 274 |
which is by force account, to any individual, partnership or other | 275 |
unincorporated business, association, including, without | 276 |
limitation, a professional association organized under Chapter | 277 |
1785. of the Revised Code, estate, or trust, none of the following | 278 |
shall, beginning on the date the contract is awarded and extending | 279 |
until one year following the conclusion of that contract, make one | 280 |
or more contributions totaling in excess of one thousand dollars | 281 |
to the holder of the public office having ultimate responsibility | 282 |
for the award of that contract: | 283 |
(i) The individual; | 284 |
(ii) Any partner or owner of the partnership or other | 285 |
unincorporated business; | 286 |
(iii) Any shareholder of the association; | 287 |
(iv) Any administrator of the estate; | 288 |
(v) Any executor of the estate; | 289 |
(vi) Any trustee of the trust; | 290 |
(vii) The spouse of any person identified in divisions | 291 |
(I)(2)(a)(i) to (vi) of this section; | 292 |
(viii) Any child seven years of age through seventeen years | 293 |
of age of any person identified in divisions (I)(2)(a)(i) to (vi) | 294 |
of this section. | 295 |
(b) Subject to divisions (K), (L), (M), and (N) of this | 296 |
section, if any agency or department of this state or any | 297 |
political subdivision has awarded a contract for the purchase of | 298 |
goods costing more than five hundred dollars or services costing | 299 |
more than five hundred dollars, except a contract let by | 300 |
competitive bidding or a contract incidental to such contract or | 301 |
which is by force account, to any individual, partnership or other | 302 |
unincorporated business, association, including, without | 303 |
limitation, a professional association organized under Chapter | 304 |
1785. of the Revised Code, estate, or trust, no combination of any | 305 |
of the following shall, beginning on the date the contract is | 306 |
awarded and extending until one year following the conclusion of | 307 |
that contract, make one or more contributions totaling in excess | 308 |
of one thousand dollars to the holder of the public office having | 309 |
ultimate responsibility for the award of that contract: | 310 |
(i) The individual; | 311 |
(ii) Any partner or owner of the partnership or other | 312 |
unincorporated business; | 313 |
(iii) Any shareholder of the association; | 314 |
(iv) Any administrator of the estate; | 315 |
(v) Any executor of the estate; | 316 |
(vi) Any trustee of the trust; | 317 |
(vii) The spouse of any person identified in divisions | 318 |
(I)(2)(b)(i) to (vi) of this section; | 319 |
(viii) Any child seven years of age through seventeen years | 320 |
of age of any person identified in divisions (I)(2)(b)(i) to (vi) | 321 |
of this section. | 322 |
(J)(1)(a) Subject to divisions (K), (L), (M), and (N) of this | 323 |
section, no agency or department of this state or any political | 324 |
subdivision shall award any contract, other than one let by | 325 |
competitive bidding or a contract incidental to such contract or | 326 |
which is by force account, for the purchase of goods costing more | 327 |
than five hundred dollars or services costing more than five | 328 |
hundred dollars to a corporation or business trust, except a | 329 |
professional association organized under Chapter 1785. of the | 330 |
Revised Code, if | 331 |
332 | |
the following has made, as an individual, within the two previous | 333 |
calendar years, taking into consideration only owners for all of | 334 |
that period, one or more contributions totaling in excess of one | 335 |
thousand dollars to the holder of a public office having ultimate | 336 |
responsibility for the award of the contract or to the public | 337 |
officer's campaign
committee | 338 |
(i) An owner of more than twenty per cent of the corporation | 339 |
or business trust; | 340 |
(ii) A spouse of an owner of more than twenty per cent of the | 341 |
corporation or business trust; | 342 |
(iii) A child seven years of age through seventeen years of | 343 |
age of an owner of more than twenty per cent of the corporation or | 344 |
business trust. | 345 |
(b) Subject to divisions (K), (L), (M), and (N) of this | 346 |
section, no agency or department of this state or any political | 347 |
subdivision shall award any contract, other than one let by | 348 |
competitive bidding or a contract incidental to such a contract or | 349 |
which is by force account, for the purchase of goods costing more | 350 |
than five hundred dollars or services costing more than five | 351 |
hundred dollars to a corporation or business trust, except a | 352 |
professional association organized under Chapter 1785. of the | 353 |
Revised Code, if any combination of the following has made, within | 354 |
the two previous calendar years, taking into consideration only | 355 |
owners for all of that period, one or more contributions totaling | 356 |
in excess of one thousand dollars to the holder of the public | 357 |
office having ultimate responsibility for the award of the | 358 |
contract or to the public officer's campaign committee: | 359 |
(i) Owners of more than twenty per cent of the corporation or | 360 |
business trust; | 361 |
(ii) Spouses of owners of more than twenty per cent of the | 362 |
corporation or business trust; | 363 |
(iii) Children seven years of age through seventeen years of | 364 |
age of owners of more than twenty per cent of the corporation or | 365 |
business trust. | 366 |
(2)(a) Subject to divisions (K), (L), (M), and (N) of this | 367 |
section, if any agency or department of this state or any | 368 |
political subdivision has awarded a contract for the purchase of | 369 |
goods costing more than five hundred dollars or services costing | 370 |
more than five hundred dollars, except a contract let by | 371 |
competitive bidding or a contract incidental to such contract or | 372 |
which is by force account, to a corporation or business trust, | 373 |
except a professional association organized under Chapter 1785. of | 374 |
the Revised Code, none of the following shall, beginning on the | 375 |
date the contract is awarded and extending until one year | 376 |
following the conclusion of that contract, make one or more | 377 |
contributions totaling in excess of one thousand dollars to the | 378 |
holder of the public office having ultimate responsibility for the | 379 |
award of that contract: | 380 |
(i) An owner of more than twenty per cent of the corporation | 381 |
or business trust; | 382 |
(ii) A spouse of an owner of more than twenty per cent of the | 383 |
corporation or business trust; | 384 |
(iii) A child seven years of age through seventeen years of | 385 |
age of an owner of more than twenty per cent of the corporation or | 386 |
business trust. | 387 |
(b) Subject to divisions (K), (L), (M), and (N) of this | 388 |
section, if any agency or department of this state or any | 389 |
political subdivision has awarded a contract for the purchase of | 390 |
goods costing more than five hundred dollars or services costing | 391 |
more than five hundred dollars, except a contract let by | 392 |
competitive bidding or a contract incidental to such contract or | 393 |
which is by force account, to a corporation or business trust, | 394 |
except a professional association organized under Chapter 1785. of | 395 |
the Revised Code, no combination of any of the following shall, | 396 |
beginning on the date the contract is awarded and extending until | 397 |
one year following the conclusion of that contract, make one or | 398 |
more contributions totaling in excess of one thousand dollars to | 399 |
the holder of the public office having ultimate responsibility for | 400 |
the award of that contract: | 401 |
(i) Owners of more than twenty per cent of the corporation or | 402 |
business trust; | 403 |
(ii) Spouses of owners of more than twenty per cent of the | 404 |
corporation or business trust; | 405 |
(iii) Children seven years of age through seventeen years of | 406 |
age of owners of more than twenty per cent of the corporation or | 407 |
business trust. | 408 |
(K)(1) For purposes of divisions (I) and (J) of this section, | 409 |
if a public officer who is responsible for the award of a contract | 410 |
is appointed by the governor, whether or not the appointment is | 411 |
subject to the advice and consent of the senate,
| 412 |
413 | |
414 | |
415 | |
ultimate responsibility for the award of the contract. | 416 |
| 417 |
if a public officer who is responsible for the award of a contract | 418 |
is appointed by the elected chief executive officer of a municipal | 419 |
corporation, or appointed by the elected chief executive officer | 420 |
of a county operating under an alternative form of county | 421 |
government or county charter, excluding members of boards, | 422 |
commissions, committees, authorities, councils, boards of | 423 |
trustees, task forces, and other such entities appointed by the | 424 |
chief executive officer, the office of the chief executive officer | 425 |
is considered to have ultimate responsibility for the award of the | 426 |
contract. | 427 |
(L) Divisions (I), (J), (Y), and (Z) of this section do not | 428 |
apply to contributions made by a political action committee that | 429 |
is established by or affiliated with any partnership or other | 430 |
unincorporated business, association, estate, trust, corporation, | 431 |
or business trust. | 432 |
(M)(1) Divisions (I) and (J) of this section do not apply to | 433 |
contracts awarded by the board of commissioners of the sinking | 434 |
fund, municipal legislative authorities, boards of education, | 435 |
boards of county commissioners, or boards of township trustees, | 436 |
437 | |
438 | |
439 | |
courts consisting of more than one judge, courts of common pleas | 440 |
consisting of more than one judge, or municipal courts consisting | 441 |
of more than one judge, or by a division of any court if the | 442 |
division consists of more than one judge. This division shall | 443 |
apply to the specified entity only if the members of the entity | 444 |
act collectively in the award of a contract for goods or services. | 445 |
(2) | 446 |
and (Z) of this section | 447 |
approved by the controlling board shall be considered to be | 448 |
awarded solely by the agency or department that submitted the | 449 |
contract to the controlling board. | 450 |
(N)(1) Divisions (I) | 451 |
apply to contributions made to the holder of a public office | 452 |
having ultimate responsibility for the award of a contract, or to | 453 |
the public officer's campaign committee, during the time the | 454 |
person holds the office and during any time such person was a | 455 |
candidate
for the office.
Those divisions | 456 |
contributions made to, or to the campaign committee of, a | 457 |
candidate for | 458 |
459 | |
having ultimate responsibility for the award of the contract | 460 |
during any such time the person is a candidate for that office. | 461 |
For the purpose of this division, a person becomes a candidate for | 462 |
the public office having ultimate authority for the award of the | 463 |
contract when the person becomes a candidate for that office by | 464 |
filing a declaration of candidacy, a declaration of intent to be a | 465 |
write-in candidate, or a nominating petition, through party | 466 |
nomination at a primary election, or by the filling of a vacancy | 467 |
under section 3513.30 or 3513.31 of the Revised Code. | 468 |
(2) Divisions (I) | 469 |
not apply to contributions of a partner, shareholder, | 470 |
administrator, executor, trustee, or owner of more than twenty per | 471 |
cent of a corporation or business trust made before the person | 472 |
held any of those positions or after the person ceased to hold any | 473 |
of those positions in the partnership or other unincorporated | 474 |
business, association, estate, trust, corporation, or business | 475 |
trust whose eligibility to be awarded a contract is being | 476 |
determined, nor to contributions of the person's spouse made | 477 |
before the person held any of those positions, after the person | 478 |
ceased to hold any of those positions, before the two were | 479 |
married, after the granting of a decree of divorce, dissolution of | 480 |
marriage, or annulment, or after the granting of an order in an | 481 |
action brought solely for legal separation. Those divisions do not | 482 |
apply to contributions of the spouse of an individual whose | 483 |
eligibility to be awarded a contract is being determined made | 484 |
before the two were married, after the granting of a decree of | 485 |
divorce, dissolution of marriage, or annulment, or after the | 486 |
granting of an order in an action brought solely for legal | 487 |
separation. | 488 |
(O) No beneficiary of a campaign fund or other person shall | 489 |
convert for personal use, and no person shall knowingly give to a | 490 |
beneficiary of a campaign fund or any other person, for the | 491 |
beneficiary's or any other person's personal use, anything of | 492 |
value from the beneficiary's campaign fund, including, without | 493 |
limitation, payments to a beneficiary for services the beneficiary | 494 |
personally performs, except as reimbursement for any of the | 495 |
following: | 496 |
(1) Legitimate and verifiable prior campaign expenses | 497 |
incurred by the beneficiary; | 498 |
(2) Legitimate and verifiable ordinary and necessary prior | 499 |
expenses incurred by the beneficiary in connection with duties as | 500 |
the holder of a public office, including, without limitation, | 501 |
expenses incurred through participation in nonpartisan or | 502 |
bipartisan events if the participation of the holder of a public | 503 |
office would normally be expected; | 504 |
(3) Legitimate and verifiable ordinary and necessary prior | 505 |
expenses incurred by the beneficiary while doing any of the | 506 |
following: | 507 |
(a) Engaging in activities in support of or opposition to a | 508 |
candidate other than the beneficiary, political party, or ballot | 509 |
issue; | 510 |
(b) Raising funds for a political party, political action | 511 |
committee, political contributing entity, legislative campaign | 512 |
fund, campaign committee, or other candidate; | 513 |
(c) Participating in the activities of a political party, | 514 |
political action committee, political contributing entity, | 515 |
legislative campaign fund, or campaign committee; | 516 |
(d) Attending a political party convention or other political | 517 |
meeting. | 518 |
For purposes of this division, an expense is incurred | 519 |
whenever a beneficiary has either made payment or is obligated to | 520 |
make payment, as by the use of a credit card or other credit | 521 |
procedure or by the use of goods or services received on account. | 522 |
(P) No beneficiary of a campaign fund shall knowingly accept, | 523 |
and no person shall knowingly give to the beneficiary of a | 524 |
campaign fund, reimbursement for an expense under division (O) of | 525 |
this section to the extent that the expense previously was | 526 |
reimbursed or paid from another source of funds. If an expense is | 527 |
reimbursed under division (O) of this section and is later paid or | 528 |
reimbursed, wholly or in part, from another source of funds, the | 529 |
beneficiary shall repay the reimbursement received under division | 530 |
(O) of this section to the extent of the payment made or | 531 |
reimbursement received from the other source. | 532 |
(Q) No candidate or public official or employee shall accept | 533 |
for personal or business use anything of value from a political | 534 |
party, political action committee, political contributing entity, | 535 |
legislative campaign fund, or campaign committee other than the | 536 |
candidate's or public official's or employee's own campaign | 537 |
committee, and no person shall knowingly give to a candidate or | 538 |
public official or employee anything of value from a political | 539 |
party, political action committee, political contributing entity, | 540 |
legislative campaign fund, or such a campaign committee, except | 541 |
for the following: | 542 |
(1) Reimbursement for legitimate and verifiable ordinary and | 543 |
necessary prior expenses not otherwise prohibited by law incurred | 544 |
by the candidate or public official or employee while engaged in | 545 |
any legitimate activity of the political party, political action | 546 |
committee, political contributing entity, legislative campaign | 547 |
fund, or such campaign committee. Without limitation, reimbursable | 548 |
expenses under this division include those incurred while doing | 549 |
any of the following: | 550 |
(a) Engaging in activities in support of or opposition to | 551 |
another candidate, political party, or ballot issue; | 552 |
(b) Raising funds for a political party, legislative campaign | 553 |
fund, campaign committee, or another candidate; | 554 |
(c) Attending a political party convention or other political | 555 |
meeting. | 556 |
(2) Compensation not otherwise prohibited by law for actual | 557 |
and valuable personal services rendered under a written contract | 558 |
to the political party, political action committee, political | 559 |
contributing entity, legislative campaign fund, or such campaign | 560 |
committee for any legitimate activity of the political party, | 561 |
political action committee, political contributing entity, | 562 |
legislative campaign fund, or such campaign committee. | 563 |
Reimbursable expenses under this division do not include, and | 564 |
it is a violation of this division for a candidate or public | 565 |
official or employee to accept, or for any person to knowingly | 566 |
give to a candidate or public official or employee from a | 567 |
political party, political action committee, political | 568 |
contributing entity, legislative campaign fund, or campaign | 569 |
committee other than the candidate's or public official's or | 570 |
employee's own campaign committee, anything of value for | 571 |
activities primarily related to the candidate's or public | 572 |
official's or employee's own campaign for election, except for | 573 |
contributions to the candidate's or public official's or | 574 |
employee's campaign committee. | 575 |
For purposes of this division, an expense is incurred | 576 |
whenever a candidate or public official or employee has either | 577 |
made payment or is obligated to make payment, as by the use of a | 578 |
credit card or other credit procedure, or by the use of goods or | 579 |
services on account. | 580 |
(R)(1) Division (O) or (P) of this section does not prohibit | 581 |
a campaign committee from making direct advance or post payment | 582 |
from contributions to vendors for goods and services for which | 583 |
reimbursement is permitted under division (O) of this section, | 584 |
except that no campaign committee shall pay its candidate or other | 585 |
beneficiary for services personally performed by the candidate or | 586 |
other beneficiary. | 587 |
(2) If any expense that may be reimbursed under division (O), | 588 |
(P), or (Q) of this section is part of other expenses that may not | 589 |
be paid or reimbursed, the separation of the two types of expenses | 590 |
for the purpose of allocating for payment or reimbursement those | 591 |
expenses that may be paid or reimbursed may be by any reasonable | 592 |
accounting method, considering all of the surrounding | 593 |
circumstances. | 594 |
(3) For purposes of divisions (O), (P), and (Q) of this | 595 |
section, mileage allowance at a rate not greater than that allowed | 596 |
by the internal revenue service at the time the travel occurs may | 597 |
be paid instead of reimbursement for actual travel expenses | 598 |
allowable. | 599 |
(S)(1) As used in division (S) of this section: | 600 |
(a) "State elective office" has the same meaning as in | 601 |
section 3517.092 of the Revised Code. | 602 |
(b) "Federal office" means a federal office as defined in the | 603 |
Federal Election Campaign Act. | 604 |
(c) "Federal campaign committee" means a principal campaign | 605 |
committee or authorized committee as defined in the Federal | 606 |
Election Campaign Act. | 607 |
(2) No person who is a candidate for state elective office | 608 |
and who previously sought nomination or election to a federal | 609 |
office shall transfer any funds or assets from that person's | 610 |
federal campaign committee for nomination or election to the | 611 |
federal office to that person's campaign committee as a candidate | 612 |
for state elective office. | 613 |
(3) No campaign committee of a person who is a candidate for | 614 |
state elective office and who previously sought nomination or | 615 |
election to a federal office shall accept any funds or assets from | 616 |
that person's federal campaign committee for that person's | 617 |
nomination or election to the federal office. | 618 |
(T)(1) Except as otherwise provided in division (B)(6)(c) of | 619 |
section 3517.102 of the Revised Code, a state or county political | 620 |
party shall not disburse moneys from any account other than a | 621 |
state candidate fund to make contributions to any of the | 622 |
following: | 623 |
(a) A state candidate fund; | 624 |
(b) A legislative campaign fund; | 625 |
(c) A campaign committee of a candidate for the office of | 626 |
governor, lieutenant governor, secretary of state, auditor of | 627 |
state, treasurer of state, attorney general, member of the state | 628 |
board of education, or member of the general assembly. | 629 |
(2) No state candidate fund, legislative campaign fund, or | 630 |
campaign committee of a candidate for any office described in | 631 |
division (T)(1)(c) of this section shall knowingly accept a | 632 |
contribution in violation of division (T)(1) of this section. | 633 |
(U) No person shall fail to file a statement required under | 634 |
section 3517.12 of the Revised Code. | 635 |
(V) No campaign committee shall fail to file a statement | 636 |
required under division (K)(3) of section 3517.10 of the Revised | 637 |
Code. | 638 |
(W)(1) No foreign national shall, directly or indirectly | 639 |
through any other person or entity, make a contribution, | 640 |
expenditure, or independent expenditure or promise, either | 641 |
expressly or implicitly, to make a contribution, expenditure, or | 642 |
independent expenditure in support of or opposition to a candidate | 643 |
for any elective office in this state, including an office of a | 644 |
political party. | 645 |
(2) No candidate, campaign committee, political action | 646 |
committee, political contributing entity, legislative campaign | 647 |
fund, state candidate fund, political party, or separate | 648 |
segregated fund shall solicit or accept a contribution, | 649 |
expenditure, or independent expenditure from a foreign national. | 650 |
The secretary of state may direct any candidate, committee, | 651 |
entity, fund, or party that accepts a contribution, expenditure, | 652 |
or independent expenditure in violation of this division to return | 653 |
the contribution, expenditure, or independent expenditure or, if | 654 |
it is not possible to return the contribution, expenditure, or | 655 |
independent expenditure, then to return instead the value of it, | 656 |
to the contributor. | 657 |
(3) As used in division (W) of this section, "foreign | 658 |
national" has the same meaning as in section 441e(b) of the | 659 |
Federal Election Campaign Act. | 660 |
(X)(1) No state or county political party shall transfer any | 661 |
moneys from its restricted fund to any account of the political | 662 |
party into which contributions may be made or from which | 663 |
contributions or expenditures may be made. | 664 |
(2)(a) No state or county political party shall deposit a | 665 |
contribution or contributions that it receives into its restricted | 666 |
fund. | 667 |
(b) No state or county political party shall make a | 668 |
contribution or an expenditure from its restricted fund. | 669 |
(3)(a) No corporation or labor organization shall make a gift | 670 |
or gifts from the corporation's or labor organization's money or | 671 |
property aggregating more than ten thousand dollars to any one | 672 |
state or county political party for the party's restricted fund in | 673 |
a calendar year. | 674 |
(b) No state or county political party shall accept a gift or | 675 |
gifts for the party's restricted fund aggregating more than ten | 676 |
thousand dollars from any one corporation or labor organization in | 677 |
a calendar year. | 678 |
(4) No state or county political party shall transfer any | 679 |
moneys in the party's restricted fund to any other state or county | 680 |
political party. | 681 |
(5) No state or county political party shall knowingly fail | 682 |
to file a statement required under section 3517.1012 of the | 683 |
Revised Code. | 684 |
(Y) | 685 |
this section, the administrator of workers' compensation and the | 686 |
employees of the bureau of workers' compensation shall not conduct | 687 |
any business with or award any contract, other than one awarded by | 688 |
competitive bidding, for the purchase of goods costing more than | 689 |
five hundred dollars or services costing more than five hundred | 690 |
dollars to any individual, partnership or other unincorporated | 691 |
business, association, including, without limitation, a | 692 |
professional association organized under Chapter 1785. of the | 693 |
Revised Code, estate, or trust, if | 694 |
695 | |
696 | |
697 | |
within the two previous calendar years, one or more contributions | 698 |
totaling in excess of one thousand dollars to the campaign | 699 |
committee of the governor or lieutenant governor or to the | 700 |
campaign committee of any candidate for the office of governor or | 701 |
lieutenant governor: | 702 |
(i) The individual; | 703 |
(ii) Any partner or owner of the partnership or other | 704 |
unincorporated business; | 705 |
(iii) Any shareholder of the association; | 706 |
(iv) Any administrator of the estate; | 707 |
(v) Any executor of the estate; | 708 |
(vi) Any trustee of the trust; | 709 |
(vii) The spouse of any person identified in divisions | 710 |
(Y)(1)(a)(i) to (vi) of this section; | 711 |
(viii) Any child seven years of age through seventeen years | 712 |
of age of any person identified in divisions (Y)(1)(a)(i) to (vi) | 713 |
of this section. | 714 |
(b) Subject to divisions (L), (M)(2), and (N) of this | 715 |
section, the administrator of workers' compensation and the | 716 |
employees of the bureau of workers' compensation shall not conduct | 717 |
any business with or award any contract, other than one awarded by | 718 |
competitive bidding, for the purchase of goods costing more than | 719 |
five hundred dollars or services costing more than five hundred | 720 |
dollars to any individual, partnership or other unincorporated | 721 |
business, association, including, without limitation, a | 722 |
professional association organized under Chapter 1785. of the | 723 |
Revised Code, estate, or trust if any combination of the following | 724 |
has made, within the two previous calendar years, one or more | 725 |
contributions totaling in excess of one thousand dollars to the | 726 |
campaign committee of the governor or lieutenant governor or to | 727 |
the campaign committee of any candidate for the office of governor | 728 |
or lieutenant governor: | 729 |
(i) The individual; | 730 |
(ii) Any partner or owner of the partnership or other | 731 |
unincorporated business; | 732 |
(iii) Any shareholder of the association; | 733 |
(iv) Any administrator of the estate; | 734 |
(v) Any executor of the estate; | 735 |
(vi) Any trustee of the trust; | 736 |
(vii) The spouse of any person identified in divisions | 737 |
(Y)(1)(b)(i) to (vi) of this section; | 738 |
(viii) Any child seven years of age through seventeen years | 739 |
of age of any person identified in divisions (Y)(1)(b)(i) to (vi) | 740 |
of this section. | 741 |
(2)(a) Subject to divisions (L), (M)(2), and (N) of this | 742 |
section, if the administrator of workers' compensation or the | 743 |
employees of the bureau of workers' compensation has awarded a | 744 |
contract for the purchase of goods costing more than five hundred | 745 |
dollars or services costing more than five hundred dollars, except | 746 |
a contract awarded by competitive bidding, to any individual, | 747 |
partnership or other unincorporated business, association, | 748 |
including, without limitation, a professional association | 749 |
organized under Chapter 1785. of the Revised Code, estate, or | 750 |
trust, none of the following shall, beginning on the date the | 751 |
contract is awarded and extending until one year following the | 752 |
conclusion of that contract, make one or more contributions | 753 |
totaling in excess of one thousand dollars to the campaign | 754 |
committee of the governor or lieutenant governor or to the | 755 |
campaign committee of any candidate for the office of governor or | 756 |
lieutenant governor: | 757 |
(i) The individual; | 758 |
(ii) Any partner or owner of the partnership or other | 759 |
unincorporated business; | 760 |
(iii) Any shareholder of the association; | 761 |
(iv) Any administrator of the estate; | 762 |
(v) Any executor of the estate; | 763 |
(vi) Any trustee of the trust; | 764 |
(vii) The spouse of any person identified in divisions | 765 |
(Y)(2)(a)(i) to (vi) of this section; | 766 |
(viii) Any child seven years of age through seventeen years | 767 |
of age of any person identified in divisions (Y)(2)(a)(i) to (vi) | 768 |
of this section. | 769 |
(b) Subject to divisions (L), (M)(2), and (N) of this | 770 |
section, if the administrator of workers' compensation or the | 771 |
employees of the bureau of workers' compensation has awarded a | 772 |
contract for the purchase of goods costing more than five hundred | 773 |
dollars or services costing more than five hundred dollars, except | 774 |
a contract awarded by competitive bidding, to any individual, | 775 |
partnership or other unincorporated business, association, | 776 |
including, without limitation, a professional association | 777 |
organized under Chapter 1785. of the Revised Code, estate, or | 778 |
trust, no combination of any of the following shall, beginning on | 779 |
the date the contract is awarded and extending until one year | 780 |
following the conclusion of that contract, make one or more | 781 |
contributions totaling in excess of one thousand dollars to the | 782 |
campaign committee of the governor or lieutenant governor or to | 783 |
the campaign committee of any candidate for the office of governor | 784 |
or lieutenant governor: | 785 |
(i) The individual; | 786 |
(ii) Any partner or owner of the partnership or other | 787 |
unincorporated business; | 788 |
(iii) Any shareholder of the association; | 789 |
(iv) Any administrator of the estate; | 790 |
(v) Any executor of the estate; | 791 |
(vi) Any trustee of the trust; | 792 |
(vii) The spouse of any person identified in divisions | 793 |
(Y)(2)(b)(i) to (vi) of this section; | 794 |
(viii) Any child seven years of age through seventeen years | 795 |
of age of any person identified in divisions (Y)(2)(b)(i) to (vi) | 796 |
of this section. | 797 |
(Z) | 798 |
this section, the administrator of workers' compensation and the | 799 |
employees of the bureau of workers' compensation shall not conduct | 800 |
business with or award any contract, other than one awarded by | 801 |
competitive bidding, for the purchase of goods costing more than | 802 |
five hundred dollars or services costing more than five hundred | 803 |
dollars to a corporation or business trust, except a professional | 804 |
association organized under Chapter 1785. of the Revised Code, if | 805 |
806 | |
807 | |
has made, as an individual, within the two previous calendar | 808 |
years, taking into consideration only owners for all of such | 809 |
period, one or more contributions totaling in excess of one | 810 |
thousand dollars to the campaign committee of the governor or | 811 |
lieutenant governor or to the campaign committee of any candidate | 812 |
for the office of governor or lieutenant governor: | 813 |
(i) An owner of more than twenty per cent of the corporation | 814 |
or business trust; | 815 |
(ii) A spouse of an owner of more than twenty per cent of the | 816 |
corporation or business trust; | 817 |
(iii) A child seven years of age through seventeen years of | 818 |
age of an owner of more than twenty per cent of the corporation or | 819 |
business trust. | 820 |
(b) Subject to divisions (L), (M)(2), and (N) of this | 821 |
section, the administrator of workers' compensation and the | 822 |
employees of the bureau of workers' compensation shall not conduct | 823 |
any business with or award any contract, other than one awarded by | 824 |
competitive bidding, for the purchase of goods costing more than | 825 |
five hundred dollars or services costing more than five hundred | 826 |
dollars to a corporation or business trust, except a professional | 827 |
association organized under Chapter 1785. of the Revised Code, if | 828 |
any combination of the following has made, within the two previous | 829 |
calendar years, taking into consideration only owners for all of | 830 |
that period, one or more contributions totaling in excess of one | 831 |
thousand dollars to the campaign committee of the governor or | 832 |
lieutenant governor or to the campaign committee of any candidate | 833 |
for the office of governor or lieutenant governor: | 834 |
(i) Owners of more than twenty per cent of the corporation or | 835 |
business trust; | 836 |
(ii) Spouses of owners of more than twenty per cent of the | 837 |
corporation or business trust; | 838 |
(iii) Children seven years of age through seventeen years of | 839 |
age of owners of more than twenty per cent of the corporation or | 840 |
business trust. | 841 |
(2)(a) Subject to divisions (L), (M)(2), and (N) of this | 842 |
section, if the administrator of workers' compensation or the | 843 |
employees of the bureau of workers' compensation has awarded a | 844 |
contract for the purchase of goods costing more than five hundred | 845 |
dollars or services costing more than five hundred dollars, except | 846 |
a contract awarded by competitive bidding, to a corporation or | 847 |
business trust, except a professional association organized under | 848 |
Chapter 1785. of the Revised Code, none of the following shall, | 849 |
beginning on the date the contract is awarded and extending until | 850 |
one year following the conclusion of that contract, make one or | 851 |
more contributions totaling in excess of one thousand dollars to | 852 |
the campaign committee of the governor or lieutenant governor or | 853 |
to the campaign committee of any candidate for the office of | 854 |
governor or lieutenant governor: | 855 |
(i) An owner of more than twenty per cent of the corporation | 856 |
or business trust; | 857 |
(ii) A spouse of an owner of more than twenty per cent of the | 858 |
corporation or business trust; | 859 |
(iii) A child seven years of age through seventeen years of | 860 |
age of an owner of more than twenty per cent of the corporation or | 861 |
business trust. | 862 |
(b) Subject to divisions (L), (M)(2), and (N) of this | 863 |
section, if the administrator of workers' compensation or the | 864 |
employees of the bureau of workers' compensation has awarded a | 865 |
contract for the purchase of goods costing more than five hundred | 866 |
dollars or services costing more than five hundred dollars, except | 867 |
a contract awarded by competitive bidding, to a corporation or | 868 |
business trust, except a professional association organized under | 869 |
Chapter 1785. of the Revised Code, no combination of any of the | 870 |
following shall, beginning on the date the contract is awarded and | 871 |
extending until one year following the conclusion of that | 872 |
contract, make one or more contributions totaling in excess of one | 873 |
thousand dollars to the campaign committee of the governor or | 874 |
lieutenant governor or to the campaign committee of any candidate | 875 |
for the office of governor or lieutenant governor: | 876 |
(i) Owners of more than twenty per cent of the corporation or | 877 |
business trust; | 878 |
(ii) Spouses of owners of more than twenty per cent of the | 879 |
corporation or business trust; | 880 |
(iii) Children seven years of age through seventeen years of | 881 |
age of owners of more than twenty per cent of the corporation or | 882 |
business trust. | 883 |
Sec. 3517.992. This section establishes penalties only with | 884 |
respect to acts or failures to act that occur on and after August | 885 |
24, 1995. | 886 |
(A)(1) A candidate whose campaign committee violates division | 887 |
(A), (B), (C), (D), or (V) of section 3517.13 of the Revised Code, | 888 |
or a treasurer of a campaign committee who violates any of those | 889 |
divisions, shall be fined not more than one hundred dollars for | 890 |
each day of violation. | 891 |
(2) Whoever violates division (E) or (X)(5) of section | 892 |
3517.13 of the Revised Code shall be fined not more than one | 893 |
hundred dollars for each day of violation. | 894 |
(B) A political party that violates division (F)(1) of | 895 |
section 3517.101 of the Revised Code shall be fined not more than | 896 |
one hundred dollars for each day of violation. | 897 |
(C) Whoever violates division (F)(2) of section 3517.101 or | 898 |
division (G) of section 3517.13 of the Revised Code shall be fined | 899 |
not more than ten thousand dollars or, if the offender is a person | 900 |
who was nominated or elected to public office, shall forfeit the | 901 |
nomination or the office to which the offender was elected, or | 902 |
both. | 903 |
(D) Whoever violates division (F) of section 3517.13 of the | 904 |
Revised Code shall be fined not more than three times the amount | 905 |
contributed. | 906 |
(E) Whoever violates division (H) of section 3517.13 of the | 907 |
Revised Code shall be fined not more than one hundred dollars. | 908 |
(F) Whoever violates division (O), (P), or (Q) of section | 909 |
3517.13 of the Revised Code is guilty of a misdemeanor of the | 910 |
first degree. | 911 |
(G) A state or county committee of a political party that | 912 |
violates division (B)(1) of section 3517.18 of the Revised Code | 913 |
shall be fined not more than twice the amount of the improper | 914 |
expenditure. | 915 |
(H) A state or county political party that violates division | 916 |
(G) of section 3517.101 of the Revised Code shall be fined not | 917 |
more than twice the amount of the improper expenditure or use. | 918 |
(I)(1) Any individual who violates division (B)(1) of section | 919 |
3517.102 of the Revised Code and knows that the contribution the | 920 |
individual makes violates that division shall be fined an amount | 921 |
equal to three times the amount contributed in excess of the | 922 |
amount permitted by that division. | 923 |
(2) Any political action committee that violates division | 924 |
(B)(2) of section 3517.102 of the Revised Code shall be fined an | 925 |
amount equal to three times the amount contributed in excess of | 926 |
the amount permitted by that division. | 927 |
(3) Any campaign committee that violates division (B)(3) or | 928 |
(5) of section 3517.102 of the Revised Code shall be fined an | 929 |
amount equal to three times the amount contributed in excess of | 930 |
the amount permitted by that division. | 931 |
(4)(a) Any legislative campaign fund that violates division | 932 |
(B)(6) of section 3517.102 of the Revised Code shall be fined an | 933 |
amount equal to three times the amount transferred or contributed | 934 |
in excess of the amount permitted by that division, as applicable. | 935 |
(b) Any state political party, county political party, or | 936 |
state candidate fund of a state political party or county | 937 |
political party that violates division (B)(6) of section 3517.102 | 938 |
of the Revised Code shall be fined an amount equal to three times | 939 |
the amount transferred or contributed in excess of the amount | 940 |
permitted by that division, as applicable. | 941 |
(c) Any political contributing entity that violates division | 942 |
(B)(7) of section 3517.102 of the Revised Code shall be fined an | 943 |
amount equal to three times the amount contributed in excess of | 944 |
the amount permitted by that division. | 945 |
(5) Any political party that violates division (B)(4) of | 946 |
section 3517.102 of the Revised Code shall be fined an amount | 947 |
equal to three times the amount contributed in excess of the | 948 |
amount permitted by that division. | 949 |
(6) Notwithstanding divisions (I)(1), (2), (3), (4), and (5) | 950 |
of this section, no violation of division (B) of section 3517.102 | 951 |
of the Revised Code occurs, and the secretary of state shall not | 952 |
refer parties to the Ohio elections commission, if the amount | 953 |
transferred or contributed in excess of the amount permitted by | 954 |
that division meets either of the following conditions: | 955 |
(a) It is completely refunded within five business days after | 956 |
it is accepted. | 957 |
(b) It is completely refunded on or before the tenth business | 958 |
day after notification to the recipient of the excess transfer or | 959 |
contribution by the board of elections or the secretary of state | 960 |
that a transfer or contribution in excess of the permitted amount | 961 |
has been received. | 962 |
(J)(1) Any campaign committee that violates division (C)(1), | 963 |
(2), (3), or (6) of section 3517.102 of the Revised Code shall be | 964 |
fined an amount equal to three times the amount accepted in excess | 965 |
of the amount permitted by that division. | 966 |
(2)(a) Any county political party that violates division | 967 |
(C)(4)(a)(ii) or (iii) of section 3517.102 of the Revised Code | 968 |
shall be fined an amount equal to three times the amount accepted. | 969 |
(b) Any county political party that violates division | 970 |
(C)(4)(a)(i) of section 3517.102 of the Revised Code shall be | 971 |
fined an amount from its state candidate fund equal to three times | 972 |
the amount accepted in excess of the amount permitted by that | 973 |
division. | 974 |
(c) Any state political party that violates division | 975 |
(C)(4)(b) of section 3517.102 of the Revised Code shall be fined | 976 |
an amount from its state candidate fund equal to three times the | 977 |
amount accepted in excess of the amount permitted by that | 978 |
division. | 979 |
(3) Any legislative campaign fund that violates division | 980 |
(C)(5) of section 3517.102 of the Revised Code shall be fined an | 981 |
amount equal to three times the amount accepted in excess of the | 982 |
amount permitted by that division. | 983 |
(4) Any political action committee or political contributing | 984 |
entity that violates division (C)(7) of section 3517.102 of the | 985 |
Revised Code shall be fined an amount equal to three times the | 986 |
amount accepted in excess of the amount permitted by that | 987 |
division. | 988 |
(5) Notwithstanding divisions (J)(1), (2), (3), and (4) of | 989 |
this section, no violation of division (C) of section 3517.102 of | 990 |
the Revised Code occurs, and the secretary of state shall not | 991 |
refer parties to the Ohio elections commission, if the amount | 992 |
transferred or contributed in excess of the amount permitted to be | 993 |
accepted by that division meets either of the following | 994 |
conditions: | 995 |
(a) It is completely refunded within five business days after | 996 |
its acceptance. | 997 |
(b) It is completely refunded on or before the tenth business | 998 |
day after notification to the recipient of the excess transfer or | 999 |
contribution by the board of elections or the secretary of state | 1000 |
that a transfer or contribution in excess of the permitted amount | 1001 |
has been received. | 1002 |
(K)(1) Any legislative campaign fund that violates division | 1003 |
(F)(1) of section 3517.102 of the Revised Code shall be fined | 1004 |
twenty-five dollars for each day of violation. | 1005 |
(2) Any legislative campaign fund that violates division | 1006 |
(F)(2) of section 3517.102 of the Revised Code shall give to the | 1007 |
treasurer of state for deposit into the state treasury to the | 1008 |
credit of the Ohio elections commission fund all excess | 1009 |
contributions not disposed of as required by division (E) of | 1010 |
section 3517.102 of the Revised Code. | 1011 |
(L) Whoever violates section 3517.105 of the Revised Code | 1012 |
shall be fined one thousand dollars. | 1013 |
(M)(1) Whoever solicits a contribution in violation of | 1014 |
section 3517.092 or violates division (B) of section 3517.09 of | 1015 |
the Revised Code is guilty of a misdemeanor of the first degree. | 1016 |
(2) Whoever knowingly accepts a contribution in violation of | 1017 |
division (B) or (C) of section 3517.092 of the Revised Code shall | 1018 |
be fined an amount equal to three times the amount accepted in | 1019 |
violation of either of those divisions and shall return to the | 1020 |
contributor any amount so accepted. Whoever unknowingly accepts a | 1021 |
contribution in violation of division (B) or (C) of section | 1022 |
3517.092 of the Revised Code shall return to the contributor any | 1023 |
amount so accepted. | 1024 |
(N) Whoever violates division (S) of section 3517.13 of the | 1025 |
Revised Code shall be fined an amount equal to three times the | 1026 |
amount of funds transferred or three times the value of the assets | 1027 |
transferred in violation of that division. | 1028 |
(O) Any campaign committee that accepts a contribution or | 1029 |
contributions in violation of section 3517.108 of the Revised | 1030 |
Code, uses a contribution in violation of that section, or fails | 1031 |
to dispose of excess contributions in violation of that section | 1032 |
shall be fined an amount equal to three times the amount accepted, | 1033 |
used, or kept in violation of that section. | 1034 |
(P) Any political party, state candidate fund, legislative | 1035 |
candidate fund, or campaign committee that violates division (T) | 1036 |
of section 3517.13 of the Revised Code shall be fined an amount | 1037 |
equal to three times the amount contributed or accepted in | 1038 |
violation of that section. | 1039 |
(Q) A treasurer of a committee or another person who violates | 1040 |
division (U) of section 3517.13 of the Revised Code shall be fined | 1041 |
not more than two hundred fifty dollars. | 1042 |
(R)(1) Whoever violates division (I) | 1043 |
or (Z)(1) of section 3517.13 of the Revised Code shall be fined | 1044 |
not more than one thousand dollars. Whenever a person is found | 1045 |
guilty of violating
division
(I) | 1046 |
of section 3517.13 of the Revised Code, the contract awarded in | 1047 |
violation
of | 1048 |
shall be rescinded if its terms have not yet been performed. | 1049 |
(2) Whoever violates division (I)(2), (J)(2), (Y)(2), or | 1050 |
(Z)(2) of section 3517.13 of the Revised Code shall be fined an | 1051 |
amount equal to three times the amount contributed in excess of | 1052 |
the amount permitted by the applicable division. Whenever a person | 1053 |
is found guilty of violating division (I)(2), (J)(2), (Y)(2), or | 1054 |
(Z)(2) of section 3517.13 of the Revised Code, any contract that | 1055 |
makes the person subject to the applicable division may be | 1056 |
rescinded at the discretion of the elections commission. | 1057 |
(S) A candidate whose campaign committee violates or a | 1058 |
treasurer of a campaign committee who violates section 3517.081 of | 1059 |
the Revised Code, and a candidate whose campaign committee | 1060 |
violates or a treasurer of a campaign committee or another person | 1061 |
who violates division (C) of section 3517.10 of the Revised Code, | 1062 |
shall be fined not more than five hundred dollars. | 1063 |
(T) A candidate whose campaign committee violates or a | 1064 |
treasurer of a committee who violates division (B) of section | 1065 |
3517.09 of the Revised Code, or a candidate whose campaign | 1066 |
committee violates or a treasurer of a campaign committee or | 1067 |
another person who violates division (C) of section 3517.09 of the | 1068 |
Revised Code shall be fined not more than one thousand dollars. | 1069 |
(U) Whoever violates section 3517.20 of the Revised Code | 1070 |
shall be fined not more than five hundred dollars. | 1071 |
(V) Whoever violates section 3517.21 or 3517.22 of the | 1072 |
Revised Code shall be imprisoned for not more than six months or | 1073 |
fined not more than five thousand dollars, or both. | 1074 |
(W) A campaign committee that is required to file a | 1075 |
declaration of no limits under division (D)(2) of section 3517.103 | 1076 |
of the Revised Code that, before filing that declaration, accepts | 1077 |
a contribution or contributions that exceed the limitations | 1078 |
prescribed in section 3517.102 of the Revised Code, shall return | 1079 |
that contribution or those contributions to the contributor. | 1080 |
(X) Any campaign committee that fails to file the declaration | 1081 |
of filing-day finances required by division (F) of section | 1082 |
3517.109 or the declaration of primary-day finances or declaration | 1083 |
of year-end finances required by division (E) of section 3517.1010 | 1084 |
of the Revised Code shall be fined twenty-five dollars for each | 1085 |
day of violation. | 1086 |
(Y) Any campaign committee that fails to dispose of excess | 1087 |
funds or excess aggregate contributions under division (B) of | 1088 |
section 3517.109 of the Revised Code in the manner required by | 1089 |
division (C) of that section or under division (B) of section | 1090 |
3517.1010 of the Revised Code in the manner required by division | 1091 |
(C) of that section shall give to the treasurer of state for | 1092 |
deposit into the Ohio elections commission fund created under | 1093 |
division (I) of section 3517.152 of the Revised Code all funds not | 1094 |
disposed of pursuant to those divisions. | 1095 |
(Z) Any individual, campaign committee, political action | 1096 |
committee, political contributing entity, legislative campaign | 1097 |
fund, political party, or other entity that violates any provision | 1098 |
of sections 3517.09 to 3517.12 of the Revised Code for which no | 1099 |
penalty is provided for under any other division of this section | 1100 |
shall be fined not more than one thousand dollars. | 1101 |
(AA)(1) Whoever knowingly violates division (W)(1) of section | 1102 |
3517.13 of the Revised Code shall be fined an amount equal to | 1103 |
three times the amount contributed, expended, or promised in | 1104 |
violation of that division or ten thousand dollars, whichever | 1105 |
amount is greater. | 1106 |
(2) Whoever knowingly violates division (W)(2) of section | 1107 |
3517.13 of the Revised Code shall be fined an amount equal to | 1108 |
three times the amount solicited or accepted in violation of that | 1109 |
division or ten thousand dollars, whichever amount is greater. | 1110 |
(BB) Whoever knowingly violates division (C) or (D) of | 1111 |
section 3517.1011 of the Revised Code shall be fined not more than | 1112 |
ten thousand dollars plus not more than one thousand dollars for | 1113 |
each day of violation. | 1114 |
(CC)(1) Subject to division (CC)(2) of this section, whoever | 1115 |
violates division (H) of section 3517.1011 of the Revised Code | 1116 |
shall be fined an amount up to three times the amount disbursed | 1117 |
for the direct costs of airing the communication made in violation | 1118 |
of that division. | 1119 |
(2) Whoever has been ordered by the Ohio elections commission | 1120 |
or by a court of competent jurisdiction to cease making | 1121 |
communications in violation of division (H) of section 3517.1011 | 1122 |
of the Revised Code who again violates that division shall be | 1123 |
fined an amount equal to three times the amount disbursed for the | 1124 |
direct costs of airing the communication made in violation of that | 1125 |
division. | 1126 |
(DD)(1) Any corporation or labor organization that violates | 1127 |
division (X)(3)(a) of section 3517.13 of the Revised Code shall be | 1128 |
fined an amount equal to three times the amount given in excess of | 1129 |
the amount permitted by that division. | 1130 |
(2) Any state or county political party that violates | 1131 |
division (X)(3)(b) of section 3517.13 of the Revised Code shall be | 1132 |
fined an amount equal to three times the amount accepted in excess | 1133 |
of the amount permitted by that division. | 1134 |
(EE)(1) Whoever solicits or directs a contribution in | 1135 |
violation of division (B) of section 3517.093 of the Revised Code | 1136 |
is guilty of a misdemeanor of the first degree. | 1137 |
(2) Whoever knowingly accepts a contribution in violation of | 1138 |
division (C) of section 3517.093 of the Revised Code shall return | 1139 |
to the contributor any amount so accepted. | 1140 |
Section 2. That existing sections 3517.13 and 3517.992 of | 1141 |
the Revised Code are hereby repealed. | 1142 |
Section 3. Notwithstanding any provision of section 3517.13 | 1143 |
of the Revised Code to the contrary, no agency or department of | 1144 |
this state or any political subdivision shall be prohibited from | 1145 |
awarding a state contract, as defined in section 3517.093 of the | 1146 |
Revised Code, to an individual, partnership or other | 1147 |
unincorporated business, association, estate, trust, corporation, | 1148 |
or business trust as a result of either of the following: | 1149 |
(A) Any contribution made prior to January 1, 2007, by a | 1150 |
child seven years of age through seventeen years of age of any of | 1151 |
the following: | 1152 |
(1) An individual who has been awarded a state contract; | 1153 |
(2) A partner or owner of a partnership or other | 1154 |
unincorporated business that has been awarded a state contract; | 1155 |
(3) A shareholder of an association, including, without | 1156 |
limitation, a professional association organized under Chapter | 1157 |
1785. of the Revised Code, that has been awarded a state contract; | 1158 |
(4) An administrator of an estate that has been awarded a | 1159 |
state contract; | 1160 |
(5) An executor of an estate that has been awarded a state | 1161 |
contract; | 1162 |
(6) A trustee of a trust that has been awarded a state | 1163 |
contract; | 1164 |
(7) An owner of more than twenty per cent of a corporation or | 1165 |
business trust, except a professional association organized under | 1166 |
Chapter 1785. of the Revised Code, that has been awarded a state | 1167 |
contract. | 1168 |
(B) Any combination of contributions made prior to January 1, | 1169 |
2007, by any combination of the following: | 1170 |
(1) Any person identified in divisions (A)(1) to (7) of this | 1171 |
section; | 1172 |
(2) The spouse of any person identified in divisions (A)(1) | 1173 |
to (7) of this section; | 1174 |
(3) Any child seven years of age through seventeen years of | 1175 |
age of any person identified in divisions (A)(1) to (7) of this | 1176 |
section. | 1177 |