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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, 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 |
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 |
(4) "State contract" means a contract awarded by any agency | 65 |
or department of this state, the administrator of workers' | 66 |
compensation, or the employees of the bureau of workers' | 67 |
compensation for the purchase of goods costing more than five | 68 |
hundred dollars or services costing more than five hundred | 69 |
dollars. | 70 |
(5) "Electioneering communication" has the same meaning as in | 71 |
section 3517.1011 of the Revised Code. | 72 |
(B) Beginning on the date a state contract is awarded and | 73 |
extending until one year following the conclusion of that | 74 |
contract, the holder of the public office with ultimate | 75 |
responsibility for the award of the contract, that officeholder's | 76 |
campaign committee, and any person acting on behalf of that | 77 |
officeholder shall not solicit a contribution from or direct a | 78 |
contribution by the holder of the state contract or a family | 79 |
member of the holder of the state contract to any of the | 80 |
following: | 81 |
(1) Any candidate or the campaign committee of any candidate; | 82 |
(2) A political party; | 83 |
(3) A ballot issue committee or a political action committee | 84 |
or other entity the primary purpose of which is to support or | 85 |
oppose any ballot issue or question that will be presented to | 86 |
voters throughout the entire state; | 87 |
(4) A legislative campaign fund; | 88 |
(5) Any person that the holder of the public office knows or | 89 |
should know has done either of the following during the current | 90 |
calendar year or during the two previous calendar years: | 91 |
(a) Made a disbursement or disbursements for the direct costs | 92 |
of producing or airing electioneering communications; | 93 |
(b) Made a disbursement or disbursements for the direct costs | 94 |
of producing or airing communications that, if made in Ohio, would | 95 |
constitute electioneering communications. | 96 |
(C) No candidate, campaign committee, political party, ballot | 97 |
issue committee, political action committee, legislative campaign | 98 |
fund, person, or other entity shall knowingly accept a | 99 |
contribution that is solicited or directed in violation of | 100 |
division (B) of this section. | 101 |
(D) Division (B) of this section does not apply to | 102 |
solicitations made by the holder of the public office with | 103 |
ultimate responsibility for the award of the contract, that | 104 |
officeholder's campaign committee, or any person acting on behalf | 105 |
of that officeholder for contributions to the officeholder's | 106 |
campaign committee. | 107 |
(E)(1) Division (B) of this section does not apply to | 108 |
solicitations of contributions from or the directing of | 109 |
contributions by the holder of the state contract before the | 110 |
person became a partner or owner of the partnership or other | 111 |
unincorporated business, shareholder of the association, | 112 |
administrator of the estate, executor of the estate, trustee of | 113 |
the trust, or owner of more than twenty per cent of a corporation | 114 |
or business trust or after the person ceased to hold any of those | 115 |
positions. | 116 |
(2) Division (B) of this section does not apply to | 117 |
solicitations of contributions from or the directing of | 118 |
contributions by a spouse of the holder of the state contract in | 119 |
any of the following circumstances: | 120 |
(a) Before the holder of the state contract became a partner | 121 |
or owner of the partnership or other unincorporated business, | 122 |
shareholder of the association, administrator of the estate, | 123 |
executor of the estate, trustee of the trust, or owner of more | 124 |
than twenty per cent of a corporation or business trust; | 125 |
(b) After the holder of the state contract ceased to be a | 126 |
partner or owner of the partnership or other unincorporated | 127 |
business, shareholder of the association, administrator of the | 128 |
estate, executor of the estate, trustee of the trust, or owner of | 129 |
more than twenty per cent of a corporation or business trust; | 130 |
(c) Before the two were married; | 131 |
(d) After the granting of a decree of divorce, dissolution of | 132 |
marriage, or annulment; | 133 |
(e) After the granting of an order in an action brought | 134 |
solely for legal separation. | 135 |
(3) Division (B) of this section does not apply to | 136 |
solicitations of contributions from or the directing of | 137 |
contributions by a child seven years of age through seventeen | 138 |
years of age of the holder of the state contract in either of the | 139 |
following circumstances: | 140 |
(a) Before the holder of the state contract became a partner | 141 |
or owner of the partnership or other unincorporated business, | 142 |
shareholder of the association, administrator of the estate, | 143 |
executor of the estate, trustee of the trust, or owner of more | 144 |
than twenty per cent of a corporation or business trust; | 145 |
(b) After the holder of the state contract ceased to be a | 146 |
partner or owner of the partnership or other unincorporated | 147 |
business, shareholder of the association, administrator of the | 148 |
estate, executor of the estate, trustee of the trust, or owner of | 149 |
more than twenty per cent of a corporation or business trust. | 150 |
Sec. 3517.13. (A)(1) No campaign committee of a statewide | 151 |
candidate shall fail to file a complete and accurate statement | 152 |
required under division (A)(1) of section 3517.10 of the Revised | 153 |
Code. | 154 |
(2) No campaign committee of a statewide candidate shall fail | 155 |
to file a complete and accurate monthly statement, and no campaign | 156 |
committee of a statewide candidate or a candidate for the office | 157 |
of chief justice or justice of the supreme court shall fail to | 158 |
file a complete and accurate two-business-day statement, as | 159 |
required under section 3517.10 of the Revised Code. | 160 |
As used in this division, "statewide candidate" has the same | 161 |
meaning as in division (F)(2) of section 3517.10 of the Revised | 162 |
Code. | 163 |
(B) No campaign committee shall fail to file a complete and | 164 |
accurate statement required under division (A)(1) of section | 165 |
3517.10 of the Revised Code. | 166 |
(C) No campaign committee shall fail to file a complete and | 167 |
accurate statement required under division (A)(2) of section | 168 |
3517.10 of the Revised Code. | 169 |
(D) No campaign committee shall fail to file a complete and | 170 |
accurate statement required under division (A)(3) or (4) of | 171 |
section 3517.10 of the Revised Code. | 172 |
(E) No person other than a campaign committee shall knowingly | 173 |
fail to file a statement required under section 3517.10 or | 174 |
3517.107 of the Revised Code. | 175 |
(F) No person shall make cash contributions to any person | 176 |
totaling more than one hundred dollars in each primary, special, | 177 |
or general election. | 178 |
(G)(1) No person shall knowingly conceal or misrepresent | 179 |
contributions given or received, expenditures made, or any other | 180 |
information required to be reported by a provision in sections | 181 |
3517.08 to 3517.13 and 3517.17 of the Revised Code. | 182 |
(2)(a) No person shall make a contribution to a campaign | 183 |
committee, political action committee, political contributing | 184 |
entity, legislative campaign fund, political party, or person | 185 |
making disbursements to pay the direct costs of producing or | 186 |
airing electioneering communications in the name of another | 187 |
person. | 188 |
(b) A person does not make a contribution in the name of | 189 |
another when either of the following applies: | 190 |
(i) An individual makes a contribution from a partnership or | 191 |
other unincorporated business account, if the contribution is | 192 |
reported by listing both the name of the partnership or other | 193 |
unincorporated business and the name of the partner or owner | 194 |
making the contribution as required under division (I) of section | 195 |
3517.10 of the Revised Code. | 196 |
(ii) A person makes a contribution in that person's spouse's | 197 |
name or in both of their names. | 198 |
(H) No person within this state, publishing a newspaper or | 199 |
other periodical, shall charge a campaign committee for political | 200 |
advertising a rate in excess of the rate such person would charge | 201 |
if the campaign committee were a general rate advertiser whose | 202 |
advertising was directed to promoting its business within the same | 203 |
area as that encompassed by the particular office that the | 204 |
candidate of the campaign committee is seeking. The rate shall | 205 |
take into account the amount of space used, as well as the type of | 206 |
advertising copy submitted by or on behalf of the campaign | 207 |
committee. All discount privileges otherwise offered by a | 208 |
newspaper or periodical to general rate advertisers shall be | 209 |
available upon equal terms to all campaign committees. | 210 |
No person within this state, operating a radio or television | 211 |
station or network of stations in this state, shall charge a | 212 |
campaign committee for political broadcasts a rate that exceeds: | 213 |
(1) During the forty-five days preceding the date of a | 214 |
primary election and during the sixty days preceding the date of a | 215 |
general or special election in which the candidate of the campaign | 216 |
committee is seeking office, the lowest unit charge of the station | 217 |
for the same class and amount of time for the same period; | 218 |
(2) At any other time, the charges made for comparable use of | 219 |
that station by its other users. | 220 |
(I)(1)(a) Subject to divisions (K), (L), (M), and (N) of this | 221 |
section, no agency or department of this state or any political | 222 |
subdivision shall award any contract | 223 |
224 | |
225 | |
than five hundred dollars or services costing more than five | 226 |
hundred dollars to any individual, partnership or other | 227 |
unincorporated business, association, including, without | 228 |
limitation, a professional association organized under Chapter | 229 |
1785. of the Revised Code, estate, or
trust if | 230 |
231 | |
232 | |
233 | |
within the two previous calendar years, one or more contributions | 234 |
totaling in excess of one thousand dollars to the holder of the | 235 |
public office having ultimate responsibility for the award of the | 236 |
contract or
to the public officer's campaign committee | 237 |
(i) The individual; | 238 |
(ii) Any partner or owner of the partnership or other | 239 |
unincorporated business; | 240 |
(iii) Any shareholder of the association; | 241 |
(iv) Any administrator of the estate; | 242 |
(v) Any executor of the estate; | 243 |
(vi) Any trustee of the trust; | 244 |
(vii) The spouse of any person identified in divisions | 245 |
(I)(1)(a)(i) to (vi) of this section; | 246 |
(viii) Any child seven years of age through seventeen years | 247 |
of age of any person identified in divisions (I)(1)(a)(i) to (vi) | 248 |
of this section. | 249 |
(b) Subject to divisions (K), (L), (M), and (N) of this | 250 |
section, no agency or department of this state or any political | 251 |
subdivision shall award any contract for the purchase of goods | 252 |
costing more than five hundred dollars or services costing more | 253 |
than five hundred dollars to any individual, partnership or other | 254 |
unincorporated business, association, including, without | 255 |
limitation, a professional association organized under Chapter | 256 |
1785. of the Revised Code, estate, or trust if any combination of | 257 |
the following has made, within the two previous calendar years, | 258 |
one or more contributions totaling in excess of two thousand | 259 |
dollars to the holder of the public office having ultimate | 260 |
responsibility for the award of the contract or to the public | 261 |
officer's campaign committee: | 262 |
(i) The individual; | 263 |
(ii) Any partner or owner of the partnership or other | 264 |
unincorporated business; | 265 |
(iii) Any shareholder of the association; | 266 |
(iv) Any administrator of the estate; | 267 |
(v) Any executor of the estate; | 268 |
(vi) Any trustee of the trust; | 269 |
(vii) The spouse of any person identified in divisions | 270 |
(I)(1)(b)(i) to (vi) of this section; | 271 |
(viii) Any child seven years of age through seventeen years | 272 |
of age of any person identified in divisions (I)(1)(b)(i) to (vi) | 273 |
of this section; | 274 |
(ix) Any political action committee affiliated with the | 275 |
partnership or other unincorporated business, association, estate, | 276 |
or trust. | 277 |
(2)(a) Subject to divisions (K), (L), (M), and (N) of this | 278 |
section, if any agency or department of this state or any | 279 |
political subdivision has awarded a contract for the purchase of | 280 |
goods costing more than five hundred dollars or services costing | 281 |
more than five hundred dollars to any individual, partnership or | 282 |
other unincorporated business, association, including, without | 283 |
limitation, a professional association organized under Chapter | 284 |
1785. of the Revised Code, estate, or trust, none of the following | 285 |
shall, beginning on the date the contract is awarded and extending | 286 |
until one year following the conclusion of that contract, make one | 287 |
or more contributions totaling in excess of one thousand dollars | 288 |
to the holder of the public office having ultimate responsibility | 289 |
for the award of that contract: | 290 |
(i) The individual; | 291 |
(ii) Any partner or owner of the partnership or other | 292 |
unincorporated business; | 293 |
(iii) Any shareholder of the association; | 294 |
(iv) Any administrator of the estate; | 295 |
(v) Any executor of the estate; | 296 |
(vi) Any trustee of the trust; | 297 |
(vii) The spouse of any person identified in divisions | 298 |
(I)(2)(a)(i) to (vi) of this section; | 299 |
(viii) Any child seven years of age through seventeen years | 300 |
of age of any person identified in divisions (I)(2)(a)(i) to (vi) | 301 |
of this section. | 302 |
(b) Subject to divisions (K), (L), (M), and (N) of this | 303 |
section, if any agency or department of this state or any | 304 |
political subdivision has awarded a contract for the purchase of | 305 |
goods costing more than five hundred dollars or services costing | 306 |
more than five hundred dollars to any individual, partnership or | 307 |
other unincorporated business, association, including, without | 308 |
limitation, a professional association organized under Chapter | 309 |
1785. of the Revised Code, estate, or trust, no combination of any | 310 |
of the following shall, beginning on the date the contract is | 311 |
awarded and extending until one year following the conclusion of | 312 |
that contract, make one or more contributions totaling in excess | 313 |
of two thousand dollars to the holder of the public office having | 314 |
ultimate responsibility for the award of that contract: | 315 |
(i) The individual; | 316 |
(ii) Any partner or owner of the partnership or other | 317 |
unincorporated business; | 318 |
(iii) Any shareholder of the association; | 319 |
(iv) Any administrator of the estate; | 320 |
(v) Any executor of the estate; | 321 |
(vi) Any trustee of the trust; | 322 |
(vii) The spouse of any person identified in divisions | 323 |
(I)(2)(b)(i) to (vi) of this section; | 324 |
(viii) Any child seven years of age through seventeen years | 325 |
of age of any person identified in divisions (I)(2)(b)(i) to (vi) | 326 |
of this section; | 327 |
(ix) Any political action committee affiliated with the | 328 |
partnership or other unincorporated business, association, estate, | 329 |
or trust. | 330 |
(3) Subject to divisions (L), (M), and (N) of this section, | 331 |
no agency or department of this state or any political subdivision | 332 |
shall enter into any contract for the purchase of goods costing | 333 |
more than five hundred dollars or services costing more than five | 334 |
hundred dollars with an individual, partnership or other | 335 |
unincorporated business, association, including, without | 336 |
limitation, a professional association organized under Chapter | 337 |
1785. of the Revised Code, estate, or trust unless the contract | 338 |
includes a certification by the individual, partnership or other | 339 |
unincorporated business, association, estate, or trust that all of | 340 |
the following persons, if applicable, are in compliance with | 341 |
division (I)(1) of this section: | 342 |
(a) The individual; | 343 |
(b) Each partner or owner of the partnership or other | 344 |
unincorporated business; | 345 |
(c) Each shareholder of the association; | 346 |
(d) Each administrator of the estate; | 347 |
(e) Each executor of the estate; | 348 |
(f) Each trustee of the trust; | 349 |
(g) Each spouse of any person identified in divisions | 350 |
(I)(3)(a) to (f) of this section; | 351 |
(h) Each child seven years of age to seventeen years of age | 352 |
of any person identified in divisions (I)(3)(a) to (f) of this | 353 |
section; | 354 |
(i) Any combination of persons identified in divisions | 355 |
(I)(3)(a) to (h) of this section. | 356 |
(4)(a) Subject to divisions (K), (L), (M), and (N) of this | 357 |
section, no agency or department of this state or any political | 358 |
subdivision shall award any contract for the purchase of goods | 359 |
costing more than five hundred dollars or services costing more | 360 |
than five hundred dollars to any partnership or other | 361 |
unincorporated business, association, including, without | 362 |
limitation, a professional association organized under Chapter | 363 |
1785. of the Revised Code, estate, or trust if a political action | 364 |
committee that is affiliated with the partnership or other | 365 |
unincorporated business, association, estate, or trust has made, | 366 |
within the two previous calendar years, one or more contributions | 367 |
totaling in excess of two thousand dollars to the holder of the | 368 |
public office having ultimate responsibility for the award of the | 369 |
contract or to the public officer's campaign committee. | 370 |
(b) Subject to divisions (K), (L), (M), and (N) of this | 371 |
section, if any agency or department of this state or any | 372 |
political subdivision has awarded any contract for the purchase of | 373 |
goods costing more than five hundred dollars or services costing | 374 |
more than five hundred dollars to any partnership or other | 375 |
unincorporated business, association, including, without | 376 |
limitation, a professional association organized under Chapter | 377 |
1785. of the Revised Code, estate, or trust, no political action | 378 |
committee that is affiliated with the partnership or other | 379 |
unincorporated business, association, estate, or trust shall, | 380 |
beginning on the date the contract is awarded and extending until | 381 |
one year following the conclusion of that contract, make one or | 382 |
more contributions totaling in excess of two thousand dollars to | 383 |
the holder of the public office having ultimate responsibility for | 384 |
the award of the contract or to the public officer's campaign | 385 |
committee. | 386 |
(J)(1)(a) Subject to divisions (K), (L), (M), and (N) of this | 387 |
section, no agency or department of this state or any political | 388 |
subdivision shall award any contract | 389 |
390 | |
391 | |
than five hundred dollars or services costing more than five | 392 |
hundred dollars to a corporation or business trust, except a | 393 |
professional association organized under Chapter 1785. of the | 394 |
Revised Code, if | 395 |
396 | |
the following has made, as an individual, within the two previous | 397 |
calendar years, taking into consideration only owners for all of | 398 |
that period, one or more contributions totaling in excess of one | 399 |
thousand dollars to the holder of a public office having ultimate | 400 |
responsibility for the award of the contract or to the public | 401 |
officer's campaign
committee | 402 |
(i) An owner of more than twenty per cent of the corporation | 403 |
or business trust; | 404 |
(ii) A spouse of an owner of more than twenty per cent of the | 405 |
corporation or business trust; | 406 |
(iii) A child seven years of age through seventeen years of | 407 |
age of an owner of more than twenty per cent of the corporation or | 408 |
business trust. | 409 |
(b) Subject to divisions (K), (L), (M), and (N) of this | 410 |
section, no agency or department of this state or any political | 411 |
subdivision shall award any contract for the purchase of goods | 412 |
costing more than five hundred dollars or services costing more | 413 |
than five hundred dollars to a corporation or business trust, | 414 |
except a professional association organized under Chapter 1785. of | 415 |
the Revised Code, if any combination of the following has made, | 416 |
within the two previous calendar years, taking into consideration | 417 |
only owners for all of that period, one or more contributions | 418 |
totaling in excess of two thousand dollars to the holder of the | 419 |
public office having ultimate responsibility for the award of the | 420 |
contract or to the public officer's campaign committee: | 421 |
(i) Owners of more than twenty per cent of the corporation or | 422 |
business trust; | 423 |
(ii) Spouses of owners of more than twenty per cent of the | 424 |
corporation or business trust; | 425 |
(iii) Children seven years of age through seventeen years of | 426 |
age of owners of more than twenty per cent of the corporation or | 427 |
business trust; | 428 |
(iv) Any political action committee affiliated with the | 429 |
corporation or business trust. | 430 |
(2)(a) Subject to divisions (K), (L), (M), and (N) of this | 431 |
section, if any agency or department of this state or any | 432 |
political subdivision has awarded a contract for the purchase of | 433 |
goods costing more than five hundred dollars or services costing | 434 |
more than five hundred dollars to a corporation or business trust, | 435 |
except a professional association organized under Chapter 1785. of | 436 |
the Revised Code, none of the following shall, beginning on the | 437 |
date the contract is awarded and extending until one year | 438 |
following the conclusion of that contract, make one or more | 439 |
contributions totaling in excess of one thousand dollars to the | 440 |
holder of the public office having ultimate responsibility for the | 441 |
award of that contract: | 442 |
(i) An owner of more than twenty per cent of the corporation | 443 |
or business trust; | 444 |
(ii) A spouse of an owner of more than twenty per cent of the | 445 |
corporation or business trust; | 446 |
(iii) A child seven years of age through seventeen years of | 447 |
age of an owner of more than twenty per cent of the corporation or | 448 |
business trust. | 449 |
(b) Subject to divisions (K), (L), (M), and (N) of this | 450 |
section, if any agency or department of this state or any | 451 |
political subdivision has awarded a contract for the purchase of | 452 |
goods costing more than five hundred dollars or services costing | 453 |
more than five hundred dollars to a corporation or business trust, | 454 |
except a professional association organized under Chapter 1785. of | 455 |
the Revised Code, no combination of any of the following shall, | 456 |
beginning on the date the contract is awarded and extending until | 457 |
one year following the conclusion of that contract, make one or | 458 |
more contributions totaling in excess of two thousand dollars to | 459 |
the holder of the public office having ultimate responsibility for | 460 |
the award of that contract: | 461 |
(i) Owners of more than twenty per cent of the corporation or | 462 |
business trust; | 463 |
(ii) Spouses of owners of more than twenty per cent of the | 464 |
corporation or business trust; | 465 |
(iii) Children seven years of age through seventeen years of | 466 |
age of owners of more than twenty per cent of the corporation or | 467 |
business trust; | 468 |
(iv) Any political action committee affiliated with the | 469 |
corporation or business trust. | 470 |
(3) Subject to divisions (L), (M), and (N) of this section, | 471 |
no agency or department of this state or any political subdivision | 472 |
shall enter into any contract for the purchase of goods costing | 473 |
more than five hundred dollars or services costing more than five | 474 |
hundred dollars with a corporation or business trust, except a | 475 |
professional association organized under Chapter 1785. of the | 476 |
Revised Code, unless the contract includes a certification by the | 477 |
corporation or business trust that all of the following persons, | 478 |
if applicable, are in compliance with division (J)(1) of this | 479 |
section: | 480 |
(a) Each owner of more than twenty per cent of the | 481 |
corporation or business trust; | 482 |
(b) Each spouse of an owner of more than twenty per cent of | 483 |
the corporation or business trust; | 484 |
(c) Each child seven years of age to seventeen years of age | 485 |
of an owner of more than twenty per cent of the corporation or | 486 |
business trust; | 487 |
(d) Any combination of persons identified in divisions | 488 |
(J)(3)(a) to (c) of this section. | 489 |
(4)(a) Subject to divisions (K), (L), (M), and (N) of this | 490 |
section, no agency or department of this state or any political | 491 |
subdivision shall award any contract for the purchase of goods | 492 |
costing more than five hundred dollars or services costing more | 493 |
than five hundred dollars to any corporation or business trust, | 494 |
except a professional association organized under Chapter 1785. of | 495 |
the Revised Code, if a political action committee that is | 496 |
affiliated with the corporation or business trust has made, within | 497 |
the two previous calendar years, one or more contributions | 498 |
totaling in excess of two thousand dollars to the holder of the | 499 |
public office having ultimate responsibility for the award of the | 500 |
contract or to the public officer's campaign committee. | 501 |
(b) Subject to divisions (K), (L), (M), and (N) of this | 502 |
section, if any agency or department of this state or any | 503 |
political subdivision has awarded any contract for the purchase of | 504 |
goods costing more than five hundred dollars or services costing | 505 |
more than five hundred dollars to any corporation or business | 506 |
trust, except a professional association organized under Chapter | 507 |
1785. of the Revised Code, no political action committee that is | 508 |
affiliated with the corporation or business trust shall, beginning | 509 |
on the date the contract is awarded and extending until one year | 510 |
following the conclusion of that contract, make one or more | 511 |
contributions totaling in excess of two thousand dollars to the | 512 |
holder of the public office having ultimate responsibility for the | 513 |
award of the contract or to the public officer's campaign | 514 |
committee. | 515 |
(K)(1) For purposes of divisions (I) and (J) of this section, | 516 |
if a public officer who is responsible for the award of a contract | 517 |
is appointed by the governor, whether or not the appointment is | 518 |
subject to the advice and consent of the senate,
| 519 |
520 | |
521 | |
522 | |
ultimate responsibility for the award of the contract. | 523 |
| 524 |
if a public officer who is responsible for the award of a contract | 525 |
is appointed by the elected chief executive officer of a municipal | 526 |
corporation, or appointed by the elected chief executive officer | 527 |
of a county operating under an alternative form of county | 528 |
government or county charter, | 529 |
530 | |
531 | |
532 | |
is considered to have ultimate responsibility for the award of the | 533 |
contract. | 534 |
(L)(1)(a) Collective bargaining agreements with labor | 535 |
organizations representing employees shall be considered to be | 536 |
contracts for the purchase of services for the purpose of | 537 |
divisions (I), (J), (Y), and (Z) of this section. The labor | 538 |
organization shall be considered to be an unincorporated business | 539 |
for the purpose of divisions (I), (J), (Y), and (Z) of this | 540 |
section. | 541 |
(b) Divisions (I), (J), (Y), and (Z) of this section do not | 542 |
apply to employment contracts entered into with a single employee. | 543 |
(c) Any political contributing entity affiliated with a labor | 544 |
organization shall be subject to the contribution limits specified | 545 |
in divisions (I), (J), (Y), and (Z) of this section in the same | 546 |
manner as a political action committee is subject to those limits. | 547 |
(2)(a) For the purpose of divisions (I) and (Y) of this | 548 |
section, a political action committee is affiliated with a | 549 |
partnership or other unincorporated business, association, | 550 |
including, without limitation, a professional association | 551 |
organized under Chapter 1785. of the Revised Code, estate, or | 552 |
trust if the political action committee received, as reported on | 553 |
its most recent statement filed under section 3517.10 of the | 554 |
Revised Code, more than fifty per cent of its contributions from | 555 |
any of the persons identified in divisions (I)(1)(a)(ii) to (vi) | 556 |
of this section or divisions (Y)(1)(a)(ii) to (vi) of this | 557 |
section, respectively. | 558 |
(b) For the purpose of divisions (J) and (Z) of this section, | 559 |
a political action committee is affiliated with a corporation or | 560 |
business trust, except a professional association organized under | 561 |
Chapter 1785. of the Revised Code, if the political action | 562 |
committee received, as reported on its most recent statement filed | 563 |
under section 3517.10 of the Revised Code, more than fifty per | 564 |
cent of its contributions from any of the persons identified in | 565 |
division (J)(1)(a)(i) of this section or division (Z)(1)(a)(i) of | 566 |
this section, respectively. | 567 |
(c) For the purpose of divisions (I), (J), (Y), and (Z) of | 568 |
this section, a political action committee of a labor organization | 569 |
shall be presumed to receive more than fifty per cent of its | 570 |
contributions from the members of the unincorporated business. | 571 |
(M)(1) Divisions (I) and (J) of this section do not apply to | 572 |
contracts awarded by the board of commissioners of the sinking | 573 |
fund, | 574 |
575 | |
576 | |
577 | |
578 | |
courts consisting of more than one judge, courts of common pleas | 579 |
consisting of more than one judge, or municipal courts consisting | 580 |
of more than one judge, or by a division of any court if the | 581 |
division consists of more than one judge. This division shall | 582 |
apply to the specified entity only if the members of the entity | 583 |
act collectively in the award of a contract for goods or services. | 584 |
(2) | 585 |
and (Z) of this section | 586 |
approved by the controlling board shall be considered to be | 587 |
awarded solely by the agency or department that submitted the | 588 |
contract to the controlling board. | 589 |
(N)(1) Divisions (I) | 590 |
apply to contributions made to the holder of a public office | 591 |
having ultimate responsibility for the award of a contract, or to | 592 |
the public officer's campaign committee, during the time the | 593 |
person holds the office and during any time such person was a | 594 |
candidate
for the office.
Those divisions | 595 |
contributions made to, or to the campaign committee of, a | 596 |
candidate for | 597 |
598 | |
having ultimate responsibility for the award of the contract | 599 |
during any such time the person is a candidate for that office. | 600 |
For the purpose of this division, a person becomes a candidate for | 601 |
the public office having ultimate authority for the award of the | 602 |
contract when the person becomes a candidate for that office by | 603 |
filing a declaration of candidacy, a declaration of intent to be a | 604 |
write-in candidate, or a nominating petition, through party | 605 |
nomination at a primary election, or by the filling of a vacancy | 606 |
under section 3513.30 or 3513.31 of the Revised Code. | 607 |
(2) Divisions (I) | 608 |
not apply to contributions of a partner, shareholder, | 609 |
administrator, executor, trustee, or owner of more than twenty per | 610 |
cent of a corporation or business trust made before the person | 611 |
held any of those positions or after the person ceased to hold any | 612 |
of those positions in the partnership or other unincorporated | 613 |
business, association, estate, trust, corporation, or business | 614 |
trust whose eligibility to be awarded a contract is being | 615 |
determined, nor to contributions of the person's spouse made | 616 |
before the person held any of those positions, after the person | 617 |
ceased to hold any of those positions, before the two were | 618 |
married, after the granting of a decree of divorce, dissolution of | 619 |
marriage, or annulment, or after the granting of an order in an | 620 |
action brought solely for legal separation. Those divisions do not | 621 |
apply to contributions of the spouse of an individual whose | 622 |
eligibility to be awarded a contract is being determined made | 623 |
before the two were married, after the granting of a decree of | 624 |
divorce, dissolution of marriage, or annulment, or after the | 625 |
granting of an order in an action brought solely for legal | 626 |
separation. | 627 |
(O) No beneficiary of a campaign fund or other person shall | 628 |
convert for personal use, and no person shall knowingly give to a | 629 |
beneficiary of a campaign fund or any other person, for the | 630 |
beneficiary's or any other person's personal use, anything of | 631 |
value from the beneficiary's campaign fund, including, without | 632 |
limitation, payments to a beneficiary for services the beneficiary | 633 |
personally performs, except as reimbursement for any of the | 634 |
following: | 635 |
(1) Legitimate and verifiable prior campaign expenses | 636 |
incurred by the beneficiary; | 637 |
(2) Legitimate and verifiable ordinary and necessary prior | 638 |
expenses incurred by the beneficiary in connection with duties as | 639 |
the holder of a public office, including, without limitation, | 640 |
expenses incurred through participation in nonpartisan or | 641 |
bipartisan events if the participation of the holder of a public | 642 |
office would normally be expected; | 643 |
(3) Legitimate and verifiable ordinary and necessary prior | 644 |
expenses incurred by the beneficiary while doing any of the | 645 |
following: | 646 |
(a) Engaging in activities in support of or opposition to a | 647 |
candidate other than the beneficiary, political party, or ballot | 648 |
issue; | 649 |
(b) Raising funds for a political party, political action | 650 |
committee, political contributing entity, legislative campaign | 651 |
fund, campaign committee, or other candidate; | 652 |
(c) Participating in the activities of a political party, | 653 |
political action committee, political contributing entity, | 654 |
legislative campaign fund, or campaign committee; | 655 |
(d) Attending a political party convention or other political | 656 |
meeting. | 657 |
For purposes of this division, an expense is incurred | 658 |
whenever a beneficiary has either made payment or is obligated to | 659 |
make payment, as by the use of a credit card or other credit | 660 |
procedure or by the use of goods or services received on account. | 661 |
(P) No beneficiary of a campaign fund shall knowingly accept, | 662 |
and no person shall knowingly give to the beneficiary of a | 663 |
campaign fund, reimbursement for an expense under division (O) of | 664 |
this section to the extent that the expense previously was | 665 |
reimbursed or paid from another source of funds. If an expense is | 666 |
reimbursed under division (O) of this section and is later paid or | 667 |
reimbursed, wholly or in part, from another source of funds, the | 668 |
beneficiary shall repay the reimbursement received under division | 669 |
(O) of this section to the extent of the payment made or | 670 |
reimbursement received from the other source. | 671 |
(Q) No candidate or public official or employee shall accept | 672 |
for personal or business use anything of value from a political | 673 |
party, political action committee, political contributing entity, | 674 |
legislative campaign fund, or campaign committee other than the | 675 |
candidate's or public official's or employee's own campaign | 676 |
committee, and no person shall knowingly give to a candidate or | 677 |
public official or employee anything of value from a political | 678 |
party, political action committee, political contributing entity, | 679 |
legislative campaign fund, or such a campaign committee, except | 680 |
for the following: | 681 |
(1) Reimbursement for legitimate and verifiable ordinary and | 682 |
necessary prior expenses not otherwise prohibited by law incurred | 683 |
by the candidate or public official or employee while engaged in | 684 |
any legitimate activity of the political party, political action | 685 |
committee, political contributing entity, legislative campaign | 686 |
fund, or such campaign committee. Without limitation, reimbursable | 687 |
expenses under this division include those incurred while doing | 688 |
any of the following: | 689 |
(a) Engaging in activities in support of or opposition to | 690 |
another candidate, political party, or ballot issue; | 691 |
(b) Raising funds for a political party, legislative campaign | 692 |
fund, campaign committee, or another candidate; | 693 |
(c) Attending a political party convention or other political | 694 |
meeting. | 695 |
(2) Compensation not otherwise prohibited by law for actual | 696 |
and valuable personal services rendered under a written contract | 697 |
to the political party, political action committee, political | 698 |
contributing entity, legislative campaign fund, or such campaign | 699 |
committee for any legitimate activity of the political party, | 700 |
political action committee, political contributing entity, | 701 |
legislative campaign fund, or such campaign committee. | 702 |
Reimbursable expenses under this division do not include, and | 703 |
it is a violation of this division for a candidate or public | 704 |
official or employee to accept, or for any person to knowingly | 705 |
give to a candidate or public official or employee from a | 706 |
political party, political action committee, political | 707 |
contributing entity, legislative campaign fund, or campaign | 708 |
committee other than the candidate's or public official's or | 709 |
employee's own campaign committee, anything of value for | 710 |
activities primarily related to the candidate's or public | 711 |
official's or employee's own campaign for election, except for | 712 |
contributions to the candidate's or public official's or | 713 |
employee's campaign committee. | 714 |
For purposes of this division, an expense is incurred | 715 |
whenever a candidate or public official or employee has either | 716 |
made payment or is obligated to make payment, as by the use of a | 717 |
credit card or other credit procedure, or by the use of goods or | 718 |
services on account. | 719 |
(R)(1) Division (O) or (P) of this section does not prohibit | 720 |
a campaign committee from making direct advance or post payment | 721 |
from contributions to vendors for goods and services for which | 722 |
reimbursement is permitted under division (O) of this section, | 723 |
except that no campaign committee shall pay its candidate or other | 724 |
beneficiary for services personally performed by the candidate or | 725 |
other beneficiary. | 726 |
(2) If any expense that may be reimbursed under division (O), | 727 |
(P), or (Q) of this section is part of other expenses that may not | 728 |
be paid or reimbursed, the separation of the two types of expenses | 729 |
for the purpose of allocating for payment or reimbursement those | 730 |
expenses that may be paid or reimbursed may be by any reasonable | 731 |
accounting method, considering all of the surrounding | 732 |
circumstances. | 733 |
(3) For purposes of divisions (O), (P), and (Q) of this | 734 |
section, mileage allowance at a rate not greater than that allowed | 735 |
by the internal revenue service at the time the travel occurs may | 736 |
be paid instead of reimbursement for actual travel expenses | 737 |
allowable. | 738 |
(S)(1) As used in division (S) of this section: | 739 |
(a) "State elective office" has the same meaning as in | 740 |
section 3517.092 of the Revised Code. | 741 |
(b) "Federal office" means a federal office as defined in the | 742 |
Federal Election Campaign Act. | 743 |
(c) "Federal campaign committee" means a principal campaign | 744 |
committee or authorized committee as defined in the Federal | 745 |
Election Campaign Act. | 746 |
(2) No person who is a candidate for state elective office | 747 |
and who previously sought nomination or election to a federal | 748 |
office shall transfer any funds or assets from that person's | 749 |
federal campaign committee for nomination or election to the | 750 |
federal office to that person's campaign committee as a candidate | 751 |
for state elective office. | 752 |
(3) No campaign committee of a person who is a candidate for | 753 |
state elective office and who previously sought nomination or | 754 |
election to a federal office shall accept any funds or assets from | 755 |
that person's federal campaign committee for that person's | 756 |
nomination or election to the federal office. | 757 |
(T)(1) Except as otherwise provided in division (B)(6)(c) of | 758 |
section 3517.102 of the Revised Code, a state or county political | 759 |
party shall not disburse moneys from any account other than a | 760 |
state candidate fund to make contributions to any of the | 761 |
following: | 762 |
(a) A state candidate fund; | 763 |
(b) A legislative campaign fund; | 764 |
(c) A campaign committee of a candidate for the office of | 765 |
governor, lieutenant governor, secretary of state, auditor of | 766 |
state, treasurer of state, attorney general, member of the state | 767 |
board of education, or member of the general assembly. | 768 |
(2) No state candidate fund, legislative campaign fund, or | 769 |
campaign committee of a candidate for any office described in | 770 |
division (T)(1)(c) of this section shall knowingly accept a | 771 |
contribution in violation of division (T)(1) of this section. | 772 |
(U) No person shall fail to file a statement required under | 773 |
section 3517.12 of the Revised Code. | 774 |
(V) No campaign committee shall fail to file a statement | 775 |
required under division (K)(3) of section 3517.10 of the Revised | 776 |
Code. | 777 |
(W)(1) No foreign national shall, directly or indirectly | 778 |
through any other person or entity, make a contribution, | 779 |
expenditure, or independent expenditure or promise, either | 780 |
expressly or implicitly, to make a contribution, expenditure, or | 781 |
independent expenditure in support of or opposition to a candidate | 782 |
for any elective office in this state, including an office of a | 783 |
political party. | 784 |
(2) No candidate, campaign committee, political action | 785 |
committee, political contributing entity, legislative campaign | 786 |
fund, state candidate fund, political party, or separate | 787 |
segregated fund shall solicit or accept a contribution, | 788 |
expenditure, or independent expenditure from a foreign national. | 789 |
The secretary of state may direct any candidate, committee, | 790 |
entity, fund, or party that accepts a contribution, expenditure, | 791 |
or independent expenditure in violation of this division to return | 792 |
the contribution, expenditure, or independent expenditure or, if | 793 |
it is not possible to return the contribution, expenditure, or | 794 |
independent expenditure, then to return instead the value of it, | 795 |
to the contributor. | 796 |
(3) As used in division (W) of this section, "foreign | 797 |
national" has the same meaning as in section 441e(b) of the | 798 |
Federal Election Campaign Act. | 799 |
(X)(1) No state or county political party shall transfer any | 800 |
moneys from its restricted fund to any account of the political | 801 |
party into which contributions may be made or from which | 802 |
contributions or expenditures may be made. | 803 |
(2)(a) No state or county political party shall deposit a | 804 |
contribution or contributions that it receives into its restricted | 805 |
fund. | 806 |
(b) No state or county political party shall make a | 807 |
contribution or an expenditure from its restricted fund. | 808 |
(3)(a) No corporation or labor organization shall make a gift | 809 |
or gifts from the corporation's or labor organization's money or | 810 |
property aggregating more than ten thousand dollars to any one | 811 |
state or county political party for the party's restricted fund in | 812 |
a calendar year. | 813 |
(b) No state or county political party shall accept a gift or | 814 |
gifts for the party's restricted fund aggregating more than ten | 815 |
thousand dollars from any one corporation or labor organization in | 816 |
a calendar year. | 817 |
(4) No state or county political party shall transfer any | 818 |
moneys in the party's restricted fund to any other state or county | 819 |
political party. | 820 |
(5) No state or county political party shall knowingly fail | 821 |
to file a statement required under section 3517.1012 of the | 822 |
Revised Code. | 823 |
(Y) | 824 |
this section, the administrator of workers' compensation and the | 825 |
employees of the bureau of workers' compensation shall not conduct | 826 |
any business with or award any contract | 827 |
828 | |
five hundred dollars or services costing more than five hundred | 829 |
dollars to any individual, partnership or other unincorporated | 830 |
business, association, including, without limitation, a | 831 |
professional association organized under Chapter 1785. of the | 832 |
Revised Code, estate, or trust, if | 833 |
834 | |
835 | |
836 | |
within the two previous calendar years, one or more contributions | 837 |
totaling in excess of one thousand dollars to the campaign | 838 |
committee of the governor or lieutenant governor or to the | 839 |
campaign committee of any candidate for the office of governor or | 840 |
lieutenant governor: | 841 |
(i) The individual; | 842 |
(ii) Any partner or owner of the partnership or other | 843 |
unincorporated business; | 844 |
(iii) Any shareholder of the association; | 845 |
(iv) Any administrator of the estate; | 846 |
(v) Any executor of the estate; | 847 |
(vi) Any trustee of the trust; | 848 |
(vii) The spouse of any person identified in divisions | 849 |
(Y)(1)(a)(i) to (vi) of this section; | 850 |
(viii) Any child seven years of age through seventeen years | 851 |
of age of any person identified in divisions (Y)(1)(a)(i) to (vi) | 852 |
of this section. | 853 |
(b) Subject to divisions (L), (M)(2), and (N) of this | 854 |
section, the administrator of workers' compensation and the | 855 |
employees of the bureau of workers' compensation shall not conduct | 856 |
any business with or award any contract for the purchase of goods | 857 |
costing more than five hundred dollars or services costing more | 858 |
than five hundred dollars to any individual, partnership or other | 859 |
unincorporated business, association, including, without | 860 |
limitation, a professional association organized under Chapter | 861 |
1785. of the Revised Code, estate, or trust if any combination of | 862 |
the following has made, within the two previous calendar years, | 863 |
one or more contributions totaling in excess of two thousand | 864 |
dollars to the campaign committee of the governor or lieutenant | 865 |
governor or to the campaign committee of any candidate for the | 866 |
office of governor or lieutenant governor: | 867 |
(i) The individual; | 868 |
(ii) Any partner or owner of the partnership or other | 869 |
unincorporated business; | 870 |
(iii) Any shareholder of the association; | 871 |
(iv) Any administrator of the estate; | 872 |
(v) Any executor of the estate; | 873 |
(vi) Any trustee of the trust; | 874 |
(vii) The spouse of any person identified in divisions | 875 |
(Y)(1)(b)(i) to (vi) of this section; | 876 |
(viii) Any child seven years of age through seventeen years | 877 |
of age of any person identified in divisions (Y)(1)(b)(i) to (vi) | 878 |
of this section; | 879 |
(ix) Any political action committee affiliated with the | 880 |
partnership or other unincorporated business, association, estate, | 881 |
or trust. | 882 |
(2)(a) Subject to divisions (L), (M)(2), and (N) of this | 883 |
section, if the administrator of workers' compensation or the | 884 |
employees of the bureau of workers' compensation has awarded a | 885 |
contract for the purchase of goods costing more than five hundred | 886 |
dollars or services costing more than five hundred dollars to any | 887 |
individual, partnership or other unincorporated business, | 888 |
association, including, without limitation, a professional | 889 |
association organized under Chapter 1785. of the Revised Code, | 890 |
estate, or trust, none of the following shall, beginning on the | 891 |
date the contract is awarded and extending until one year | 892 |
following the conclusion of that contract, make one or more | 893 |
contributions totaling in excess of one thousand dollars to the | 894 |
campaign committee of the governor or lieutenant governor or to | 895 |
the campaign committee of any candidate for the office of governor | 896 |
or lieutenant governor: | 897 |
(i) The individual; | 898 |
(ii) Any partner or owner of the partnership or other | 899 |
unincorporated business; | 900 |
(iii) Any shareholder of the association; | 901 |
(iv) Any administrator of the estate; | 902 |
(v) Any executor of the estate; | 903 |
(vi) Any trustee of the trust; | 904 |
(vii) The spouse of any person identified in divisions | 905 |
(Y)(2)(a)(i) to (vi) of this section; | 906 |
(viii) Any child seven years of age through seventeen years | 907 |
of age of any person identified in divisions (Y)(2)(a)(i) to (vi) | 908 |
of this section. | 909 |
(b) Subject to divisions (L), (M)(2), and (N) of this | 910 |
section, if the administrator of workers' compensation or the | 911 |
employees of the bureau of workers' compensation has awarded a | 912 |
contract for the purchase of goods costing more than five hundred | 913 |
dollars or services costing more than five hundred dollars to any | 914 |
individual, partnership or other unincorporated business, | 915 |
association, including, without limitation, a professional | 916 |
association organized under Chapter 1785. of the Revised Code, | 917 |
estate, or trust, no combination of any of the following shall, | 918 |
beginning on the date the contract is awarded and extending until | 919 |
one year following the conclusion of that contract, make one or | 920 |
more contributions totaling in excess of two thousand dollars to | 921 |
the campaign committee of the governor or lieutenant governor or | 922 |
to the campaign committee of any candidate for the office of | 923 |
governor or lieutenant governor: | 924 |
(i) The individual; | 925 |
(ii) Any partner or owner of the partnership or other | 926 |
unincorporated business; | 927 |
(iii) Any shareholder of the association; | 928 |
(iv) Any administrator of the estate; | 929 |
(v) Any executor of the estate; | 930 |
(vi) Any trustee of the trust; | 931 |
(vii) The spouse of any person identified in divisions | 932 |
(Y)(2)(b)(i) to (vi) of this section; | 933 |
(viii) Any child seven years of age through seventeen years | 934 |
of age of any person identified in divisions (Y)(2)(b)(i) to (vi) | 935 |
of this section; | 936 |
(ix) Any political action committee affiliated with the | 937 |
partnership or other unincorporated business, association, estate, | 938 |
or trust. | 939 |
(3) Subject to divisions (L), (M)(2), and (N) of this | 940 |
section, the administrator of workers' compensation and the | 941 |
employees of the bureau of workers' compensation shall not enter | 942 |
into any contract for the purchase of goods costing more than five | 943 |
hundred dollars or services costing more than five hundred dollars | 944 |
with an individual, partnership or other unincorporated business, | 945 |
association, including, without limitation, a professional | 946 |
association organized under Chapter 1785. of the Revised Code, | 947 |
estate, or trust unless the contract includes a certification by | 948 |
the individual, partnership or other unincorporated business, | 949 |
association, estate, or trust that all of the following persons, | 950 |
if applicable, are in compliance with division (Y)(1) of this | 951 |
section: | 952 |
(a) The individual; | 953 |
(b) Each partner or owner of the partnership or other | 954 |
unincorporated business; | 955 |
(c) Each shareholder of the association; | 956 |
(d) Each administrator of the estate; | 957 |
(e) Each executor of the estate; | 958 |
(f) Each trustee of the trust; | 959 |
(g) Each spouse of any person identified in divisions | 960 |
(Y)(3)(a) to (f) of this section; | 961 |
(h) Each child seven years of age to seventeen years of age | 962 |
of any person identified in divisions (Y)(3)(a) to (f) of this | 963 |
section; | 964 |
(i) Any combination of persons identified in divisions | 965 |
(Y)(3)(a) to (h) of this section. | 966 |
(4)(a) Subject to divisions (L), (M)(2), and (N) of this | 967 |
section, the administrator of workers' compensation and the | 968 |
employees of the bureau of workers' compensation shall not conduct | 969 |
any business with or award any contract for the purchase of goods | 970 |
costing more than five hundred dollars or services costing more | 971 |
than five hundred dollars to any partnership or other | 972 |
unincorporated business, association, including, without | 973 |
limitation, a professional association organized under Chapter | 974 |
1785. of the Revised Code, estate, or trust if a political action | 975 |
committee that is affiliated with the partnership or other | 976 |
unincorporated business, association, estate, or trust has made, | 977 |
within the two previous calendar years, one or more contributions | 978 |
totaling in excess of two thousand dollars to the campaign | 979 |
committee of the governor or lieutenant governor or to the | 980 |
campaign committee of any candidate for the office of governor or | 981 |
lieutenant governor. | 982 |
(b) Subject to divisions (L), (M)(2), and (N) of this | 983 |
section, if the administrator of workers' compensation or the | 984 |
employees of the bureau of workers' compensation has awarded any | 985 |
contract for the purchase of goods costing more than five hundred | 986 |
dollars or services costing more than five hundred dollars to any | 987 |
partnership or other unincorporated business, association, | 988 |
including, without limitation, a professional association | 989 |
organized under Chapter 1785. of the Revised Code, estate, or | 990 |
trust, no political action committee that is affiliated with the | 991 |
partnership or other unincorporated business, association, estate, | 992 |
or trust shall, beginning on the date the contract is awarded and | 993 |
extending until one year following the conclusion of that | 994 |
contract, make one or more contributions totaling in excess of two | 995 |
thousand dollars to the campaign committee of the governor or | 996 |
lieutenant governor or to the campaign committee of any candidate | 997 |
for the office of governor or lieutenant governor. | 998 |
(Z) | 999 |
this section, the administrator of workers' compensation and the | 1000 |
employees of the bureau of workers' compensation shall not conduct | 1001 |
business with or award any contract | 1002 |
1003 | |
five hundred dollars or services costing more than five hundred | 1004 |
dollars to a corporation or business trust, except a professional | 1005 |
association organized under Chapter 1785. of the Revised Code, if | 1006 |
1007 | |
1008 | |
has made, as an individual, within the two previous calendar | 1009 |
years, taking into consideration only owners for all of such | 1010 |
period, one or more contributions totaling in excess of one | 1011 |
thousand dollars to the campaign committee of the governor or | 1012 |
lieutenant governor or to the campaign committee of any candidate | 1013 |
for the office of governor or lieutenant governor: | 1014 |
(i) An owner of more than twenty per cent of the corporation | 1015 |
or business trust; | 1016 |
(ii) A spouse of an owner of more than twenty per cent of the | 1017 |
corporation or business trust; | 1018 |
(iii) A child seven years of age through seventeen years of | 1019 |
age of an owner of more than twenty per cent of the corporation or | 1020 |
business trust. | 1021 |
(b) Subject to divisions (L), (M)(2), and (N) of this | 1022 |
section, the administrator of workers' compensation and the | 1023 |
employees of the bureau of workers' compensation shall not conduct | 1024 |
any business with or award any contract for the purchase of goods | 1025 |
costing more than five hundred dollars or services costing more | 1026 |
than five hundred dollars to a corporation or business trust, | 1027 |
except a professional association organized under Chapter 1785. of | 1028 |
the Revised Code, if any combination of the following has made, | 1029 |
within the two previous calendar years, taking into consideration | 1030 |
only owners for all of that period, one or more contributions | 1031 |
totaling in excess of two thousand dollars to the campaign | 1032 |
committee of the governor or lieutenant governor or to the | 1033 |
campaign committee of any candidate for the office of governor or | 1034 |
lieutenant governor: | 1035 |
(i) Owners of more than twenty per cent of the corporation or | 1036 |
business trust; | 1037 |
(ii) Spouses of owners of more than twenty per cent of the | 1038 |
corporation or business trust; | 1039 |
(iii) Children seven years of age through seventeen years of | 1040 |
age of owners of more than twenty per cent of the corporation or | 1041 |
business trust; | 1042 |
(iv) Any political action committee affiliated with the | 1043 |
corporation or business trust. | 1044 |
(2)(a) Subject to divisions (L), (M)(2), and (N) of this | 1045 |
section, if the administrator of workers' compensation or the | 1046 |
employees of the bureau of workers' compensation has awarded a | 1047 |
contract for the purchase of goods costing more than five hundred | 1048 |
dollars or services costing more than five hundred dollars to a | 1049 |
corporation or business trust, except a professional association | 1050 |
organized under Chapter 1785. of the Revised Code, none of the | 1051 |
following shall, beginning on the date the contract is awarded and | 1052 |
extending until one year following the conclusion of that | 1053 |
contract, make one or more contributions totaling in excess of one | 1054 |
thousand dollars to the campaign committee of the governor or | 1055 |
lieutenant governor or to the campaign committee of any candidate | 1056 |
for the office of governor or lieutenant governor: | 1057 |
(i) An owner of more than twenty per cent of the corporation | 1058 |
or business trust; | 1059 |
(ii) A spouse of an owner of more than twenty per cent of the | 1060 |
corporation or business trust; | 1061 |
(iii) A child seven years of age through seventeen years of | 1062 |
age of an owner of more than twenty per cent of the corporation or | 1063 |
business trust. | 1064 |
(b) Subject to divisions (L), (M)(2), and (N) of this | 1065 |
section, if the administrator of workers' compensation or the | 1066 |
employees of the bureau of workers' compensation has awarded a | 1067 |
contract for the purchase of goods costing more than five hundred | 1068 |
dollars or services costing more than five hundred dollars to a | 1069 |
corporation or business trust, except a professional association | 1070 |
organized under Chapter 1785. of the Revised Code, no combination | 1071 |
of any of the following shall, beginning on the date the contract | 1072 |
is awarded and extending until one year following the conclusion | 1073 |
of that contract, make one or more contributions totaling in | 1074 |
excess of two thousand dollars to the campaign committee of the | 1075 |
governor or lieutenant governor or to the campaign committee of | 1076 |
any candidate for the office of governor or lieutenant governor: | 1077 |
(i) Owners of more than twenty per cent of the corporation or | 1078 |
business trust; | 1079 |
(ii) Spouses of owners of more than twenty per cent of the | 1080 |
corporation or business trust; | 1081 |
(iii) Children seven years of age through seventeen years of | 1082 |
age of owners of more than twenty per cent of the corporation or | 1083 |
business trust; | 1084 |
(iv) Any political action committee affiliated with the | 1085 |
corporation or business trust. | 1086 |
(3) Subject to divisions (L), (M)(2), and (N) of this | 1087 |
section, the administrator of workers' compensation and the | 1088 |
employees of the bureau of workers' compensation shall not enter | 1089 |
into any contract for the purchase of goods costing more than five | 1090 |
hundred dollars or services costing more than five hundred dollars | 1091 |
with a corporation or business trust, except a professional | 1092 |
association organized under Chapter 1785. of the Revised Code, | 1093 |
unless the contract includes a certification by the corporation or | 1094 |
business trust that all of the following persons, if applicable, | 1095 |
are in compliance with division (Z)(1) of this section: | 1096 |
(a) Each owner of more than twenty per cent of the | 1097 |
corporation or business trust; | 1098 |
(b) Each spouse of an owner of more than twenty per cent of | 1099 |
the corporation or business trust; | 1100 |
(c) Each child seven years of age to seventeen years of age | 1101 |
of an owner of more than twenty per cent of the corporation or | 1102 |
business trust; | 1103 |
(d) Any combination of persons identified in divisions | 1104 |
(Z)(3)(a) to (c) of this section. | 1105 |
(4)(a) Subject to divisions (L), (M)(2), and (N) of this | 1106 |
section, the administrator of workers' compensation and the | 1107 |
employees of the bureau of workers' compensation shall not conduct | 1108 |
business with or award any contract for the purchase of goods | 1109 |
costing more than five hundred dollars or services costing more | 1110 |
than five hundred dollars to any corporation or business trust, | 1111 |
except a professional association organized under Chapter 1785. of | 1112 |
the Revised Code, if a political action committee that is | 1113 |
affiliated with the corporation or business trust has made, within | 1114 |
the two previous calendar years, one or more contributions | 1115 |
totaling in excess of two thousand dollars to the campaign | 1116 |
committee of the governor or lieutenant governor or to the | 1117 |
campaign committee of any candidate for the office of governor or | 1118 |
lieutenant governor. | 1119 |
(b) Subject to divisions (L), (M)(2), and (N) of this | 1120 |
section, if the administrator of workers' compensation or the | 1121 |
employees of the bureau of workers' compensation has awarded any | 1122 |
contract for the purchase of goods costing more than five hundred | 1123 |
dollars or services costing more than five hundred dollars to any | 1124 |
corporation or business trust, except a professional association | 1125 |
organized under Chapter 1785. of the Revised Code, no political | 1126 |
action committee that is affiliated with the corporation or | 1127 |
business trust shall, beginning on the date the contract is | 1128 |
awarded and extending until one year following the conclusion of | 1129 |
that contract, make one or more contributions totaling in excess | 1130 |
of two thousand dollars to the campaign committee of the governor | 1131 |
or lieutenant governor or to the campaign committee of any | 1132 |
candidate for the office of governor or lieutenant governor. | 1133 |
(AA) No individual, partnership or other incorporated | 1134 |
business, association, estate, trust, corporation, or business | 1135 |
trust shall knowingly make a false statement on a certification | 1136 |
required under division (I)(3), (J)(3), (Y)(3), or (Z)(3) of this | 1137 |
section. | 1138 |
Sec. 3517.992. This section establishes penalties only with | 1139 |
respect to acts or failures to act that occur on and after August | 1140 |
24, 1995. | 1141 |
(A)(1) A candidate whose campaign committee violates division | 1142 |
(A), (B), (C), (D), or (V) of section 3517.13 of the Revised Code, | 1143 |
or a treasurer of a campaign committee who violates any of those | 1144 |
divisions, shall be fined not more than one hundred dollars for | 1145 |
each day of violation. | 1146 |
(2) Whoever violates division (E) or (X)(5) of section | 1147 |
3517.13 of the Revised Code shall be fined not more than one | 1148 |
hundred dollars for each day of violation. | 1149 |
(B) A political party that violates division (F)(1) of | 1150 |
section 3517.101 of the Revised Code shall be fined not more than | 1151 |
one hundred dollars for each day of violation. | 1152 |
(C) Whoever violates division (F)(2) of section 3517.101 or | 1153 |
division (G) of section 3517.13 of the Revised Code shall be fined | 1154 |
not more than ten thousand dollars or, if the offender is a person | 1155 |
who was nominated or elected to public office, shall forfeit the | 1156 |
nomination or the office to which the offender was elected, or | 1157 |
both. | 1158 |
(D) Whoever violates division (F) of section 3517.13 of the | 1159 |
Revised Code shall be fined not more than three times the amount | 1160 |
contributed. | 1161 |
(E) Whoever violates division (H) of section 3517.13 of the | 1162 |
Revised Code shall be fined not more than one hundred dollars. | 1163 |
(F) Whoever violates division (O), (P), or (Q) of section | 1164 |
3517.13 of the Revised Code is guilty of a misdemeanor of the | 1165 |
first degree. | 1166 |
(G) A state or county committee of a political party that | 1167 |
violates division (B)(1) of section 3517.18 of the Revised Code | 1168 |
shall be fined not more than twice the amount of the improper | 1169 |
expenditure. | 1170 |
(H) A state or county political party that violates division | 1171 |
(G) of section 3517.101 of the Revised Code shall be fined not | 1172 |
more than twice the amount of the improper expenditure or use. | 1173 |
(I)(1) Any individual who violates division (B)(1) of section | 1174 |
3517.102 of the Revised Code and knows that the contribution the | 1175 |
individual makes violates that division shall be fined an amount | 1176 |
equal to three times the amount contributed in excess of the | 1177 |
amount permitted by that division. | 1178 |
(2) Any political action committee that violates division | 1179 |
(B)(2) of section 3517.102 of the Revised Code shall be fined an | 1180 |
amount equal to three times the amount contributed in excess of | 1181 |
the amount permitted by that division. | 1182 |
(3) Any campaign committee that violates division (B)(3) or | 1183 |
(5) of section 3517.102 of the Revised Code shall be fined an | 1184 |
amount equal to three times the amount contributed in excess of | 1185 |
the amount permitted by that division. | 1186 |
(4)(a) Any legislative campaign fund that violates division | 1187 |
(B)(6) of section 3517.102 of the Revised Code shall be fined an | 1188 |
amount equal to three times the amount transferred or contributed | 1189 |
in excess of the amount permitted by that division, as applicable. | 1190 |
(b) Any state political party, county political party, or | 1191 |
state candidate fund of a state political party or county | 1192 |
political party that violates division (B)(6) of section 3517.102 | 1193 |
of the Revised Code shall be fined an amount equal to three times | 1194 |
the amount transferred or contributed in excess of the amount | 1195 |
permitted by that division, as applicable. | 1196 |
(c) Any political contributing entity that violates division | 1197 |
(B)(7) of section 3517.102 of the Revised Code shall be fined an | 1198 |
amount equal to three times the amount contributed in excess of | 1199 |
the amount permitted by that division. | 1200 |
(5) Any political party that violates division (B)(4) of | 1201 |
section 3517.102 of the Revised Code shall be fined an amount | 1202 |
equal to three times the amount contributed in excess of the | 1203 |
amount permitted by that division. | 1204 |
(6) Notwithstanding divisions (I)(1), (2), (3), (4), and (5) | 1205 |
of this section, no violation of division (B) of section 3517.102 | 1206 |
of the Revised Code occurs, and the secretary of state shall not | 1207 |
refer parties to the Ohio elections commission, if the amount | 1208 |
transferred or contributed in excess of the amount permitted by | 1209 |
that division meets either of the following conditions: | 1210 |
(a) It is completely refunded within five business days after | 1211 |
it is accepted. | 1212 |
(b) It is completely refunded on or before the tenth business | 1213 |
day after notification to the recipient of the excess transfer or | 1214 |
contribution by the board of elections or the secretary of state | 1215 |
that a transfer or contribution in excess of the permitted amount | 1216 |
has been received. | 1217 |
(J)(1) Any campaign committee that violates division (C)(1), | 1218 |
(2), (3), or (6) of section 3517.102 of the Revised Code shall be | 1219 |
fined an amount equal to three times the amount accepted in excess | 1220 |
of the amount permitted by that division. | 1221 |
(2)(a) Any county political party that violates division | 1222 |
(C)(4)(a)(ii) or (iii) of section 3517.102 of the Revised Code | 1223 |
shall be fined an amount equal to three times the amount accepted. | 1224 |
(b) Any county political party that violates division | 1225 |
(C)(4)(a)(i) of section 3517.102 of the Revised Code shall be | 1226 |
fined an amount from its state candidate fund equal to three times | 1227 |
the amount accepted in excess of the amount permitted by that | 1228 |
division. | 1229 |
(c) Any state political party that violates division | 1230 |
(C)(4)(b) of section 3517.102 of the Revised Code shall be fined | 1231 |
an amount from its state candidate fund equal to three times the | 1232 |
amount accepted in excess of the amount permitted by that | 1233 |
division. | 1234 |
(3) Any legislative campaign fund that violates division | 1235 |
(C)(5) of section 3517.102 of the Revised Code shall be fined an | 1236 |
amount equal to three times the amount accepted in excess of the | 1237 |
amount permitted by that division. | 1238 |
(4) Any political action committee or political contributing | 1239 |
entity that violates division (C)(7) of section 3517.102 of the | 1240 |
Revised Code shall be fined an amount equal to three times the | 1241 |
amount accepted in excess of the amount permitted by that | 1242 |
division. | 1243 |
(5) Notwithstanding divisions (J)(1), (2), (3), and (4) of | 1244 |
this section, no violation of division (C) of section 3517.102 of | 1245 |
the Revised Code occurs, and the secretary of state shall not | 1246 |
refer parties to the Ohio elections commission, if the amount | 1247 |
transferred or contributed in excess of the amount permitted to be | 1248 |
accepted by that division meets either of the following | 1249 |
conditions: | 1250 |
(a) It is completely refunded within five business days after | 1251 |
its acceptance. | 1252 |
(b) It is completely refunded on or before the tenth business | 1253 |
day after notification to the recipient of the excess transfer or | 1254 |
contribution by the board of elections or the secretary of state | 1255 |
that a transfer or contribution in excess of the permitted amount | 1256 |
has been received. | 1257 |
(K)(1) Any legislative campaign fund that violates division | 1258 |
(F)(1) of section 3517.102 of the Revised Code shall be fined | 1259 |
twenty-five dollars for each day of violation. | 1260 |
(2) Any legislative campaign fund that violates division | 1261 |
(F)(2) of section 3517.102 of the Revised Code shall give to the | 1262 |
treasurer of state for deposit into the state treasury to the | 1263 |
credit of the Ohio elections commission fund all excess | 1264 |
contributions not disposed of as required by division (E) of | 1265 |
section 3517.102 of the Revised Code. | 1266 |
(L) Whoever violates section 3517.105 of the Revised Code | 1267 |
shall be fined one thousand dollars. | 1268 |
(M)(1) Whoever solicits a contribution in violation of | 1269 |
section 3517.092 or violates division (B) of section 3517.09 of | 1270 |
the Revised Code is guilty of a misdemeanor of the first degree. | 1271 |
(2) Whoever knowingly accepts a contribution in violation of | 1272 |
division (B) or (C) of section 3517.092 of the Revised Code shall | 1273 |
be fined an amount equal to three times the amount accepted in | 1274 |
violation of either of those divisions and shall return to the | 1275 |
contributor any amount so accepted. Whoever unknowingly accepts a | 1276 |
contribution in violation of division (B) or (C) of section | 1277 |
3517.092 of the Revised Code shall return to the contributor any | 1278 |
amount so accepted. | 1279 |
(N) Whoever violates division (S) of section 3517.13 of the | 1280 |
Revised Code shall be fined an amount equal to three times the | 1281 |
amount of funds transferred or three times the value of the assets | 1282 |
transferred in violation of that division. | 1283 |
(O) Any campaign committee that accepts a contribution or | 1284 |
contributions in violation of section 3517.108 of the Revised | 1285 |
Code, uses a contribution in violation of that section, or fails | 1286 |
to dispose of excess contributions in violation of that section | 1287 |
shall be fined an amount equal to three times the amount accepted, | 1288 |
used, or kept in violation of that section. | 1289 |
(P) Any political party, state candidate fund, legislative | 1290 |
candidate fund, or campaign committee that violates division (T) | 1291 |
of section 3517.13 of the Revised Code shall be fined an amount | 1292 |
equal to three times the amount contributed or accepted in | 1293 |
violation of that section. | 1294 |
(Q) A treasurer of a committee or another person who violates | 1295 |
division (U) of section 3517.13 of the Revised Code shall be fined | 1296 |
not more than two hundred fifty dollars. | 1297 |
(R)(1) Whoever violates division (I) | 1298 |
(J)(1), (J)(4)(a), (Y)(1), (Y)(4)(a), (Z)(1), or (Z)(4)(a) of | 1299 |
section 3517.13 of the Revised Code shall be fined not more than | 1300 |
one thousand dollars. Whenever a person is found guilty of | 1301 |
violating
| 1302 |
1303 | |
1304 | |
rescinded if its terms have not yet been performed. | 1305 |
(2) Whoever violates division (I)(2), (I)(4)(b), (J)(2), | 1306 |
(J)(4)(b), (Y)(2), (Y)(4)(b), (Z)(2), or (Z)(4)(b) of section | 1307 |
3517.13 of the Revised Code shall be fined an amount equal to | 1308 |
three times the amount contributed in excess of the amount | 1309 |
permitted by the applicable division. Whenever a person is found | 1310 |
guilty of violating any of those divisions, any contract that | 1311 |
makes the person subject to the applicable division may be | 1312 |
rescinded at the discretion of the elections commission. | 1313 |
(3) Whoever violates division (AA) of section 3517.13 of the | 1314 |
Revised Code is guilty of a felony of the fifth degree, and the | 1315 |
contract that includes the certification made in violation of that | 1316 |
division shall be rescinded. | 1317 |
(S) A candidate whose campaign committee violates or a | 1318 |
treasurer of a campaign committee who violates section 3517.081 of | 1319 |
the Revised Code, and a candidate whose campaign committee | 1320 |
violates or a treasurer of a campaign committee or another person | 1321 |
who violates division (C) of section 3517.10 of the Revised Code, | 1322 |
shall be fined not more than five hundred dollars. | 1323 |
(T) A candidate whose campaign committee violates or a | 1324 |
treasurer of a committee who violates division (B) of section | 1325 |
3517.09 of the Revised Code, or a candidate whose campaign | 1326 |
committee violates or a treasurer of a campaign committee or | 1327 |
another person who violates division (C) of section 3517.09 of the | 1328 |
Revised Code shall be fined not more than one thousand dollars. | 1329 |
(U) Whoever violates section 3517.20 of the Revised Code | 1330 |
shall be fined not more than five hundred dollars. | 1331 |
(V) Whoever violates section 3517.21 or 3517.22 of the | 1332 |
Revised Code shall be imprisoned for not more than six months or | 1333 |
fined not more than five thousand dollars, or both. | 1334 |
(W) A campaign committee that is required to file a | 1335 |
declaration of no limits under division (D)(2) of section 3517.103 | 1336 |
of the Revised Code that, before filing that declaration, accepts | 1337 |
a contribution or contributions that exceed the limitations | 1338 |
prescribed in section 3517.102 of the Revised Code, shall return | 1339 |
that contribution or those contributions to the contributor. | 1340 |
(X) Any campaign committee that fails to file the declaration | 1341 |
of filing-day finances required by division (F) of section | 1342 |
3517.109 or the declaration of primary-day finances or declaration | 1343 |
of year-end finances required by division (E) of section 3517.1010 | 1344 |
of the Revised Code shall be fined twenty-five dollars for each | 1345 |
day of violation. | 1346 |
(Y) Any campaign committee that fails to dispose of excess | 1347 |
funds or excess aggregate contributions under division (B) of | 1348 |
section 3517.109 of the Revised Code in the manner required by | 1349 |
division (C) of that section or under division (B) of section | 1350 |
3517.1010 of the Revised Code in the manner required by division | 1351 |
(C) of that section shall give to the treasurer of state for | 1352 |
deposit into the Ohio elections commission fund created under | 1353 |
division (I) of section 3517.152 of the Revised Code all funds not | 1354 |
disposed of pursuant to those divisions. | 1355 |
(Z) Any individual, campaign committee, political action | 1356 |
committee, political contributing entity, legislative campaign | 1357 |
fund, political party, or other entity that violates any provision | 1358 |
of sections 3517.09 to 3517.12 of the Revised Code for which no | 1359 |
penalty is provided for under any other division of this section | 1360 |
shall be fined not more than one thousand dollars. | 1361 |
(AA)(1) Whoever knowingly violates division (W)(1) of section | 1362 |
3517.13 of the Revised Code shall be fined an amount equal to | 1363 |
three times the amount contributed, expended, or promised in | 1364 |
violation of that division or ten thousand dollars, whichever | 1365 |
amount is greater. | 1366 |
(2) Whoever knowingly violates division (W)(2) of section | 1367 |
3517.13 of the Revised Code shall be fined an amount equal to | 1368 |
three times the amount solicited or accepted in violation of that | 1369 |
division or ten thousand dollars, whichever amount is greater. | 1370 |
(BB) Whoever knowingly violates division (C) or (D) of | 1371 |
section 3517.1011 of the Revised Code shall be fined not more than | 1372 |
ten thousand dollars plus not more than one thousand dollars for | 1373 |
each day of violation. | 1374 |
(CC)(1) Subject to division (CC)(2) of this section, whoever | 1375 |
violates division (H) of section 3517.1011 of the Revised Code | 1376 |
shall be fined an amount up to three times the amount disbursed | 1377 |
for the direct costs of airing the communication made in violation | 1378 |
of that division. | 1379 |
(2) Whoever has been ordered by the Ohio elections commission | 1380 |
or by a court of competent jurisdiction to cease making | 1381 |
communications in violation of division (H) of section 3517.1011 | 1382 |
of the Revised Code who again violates that division shall be | 1383 |
fined an amount equal to three times the amount disbursed for the | 1384 |
direct costs of airing the communication made in violation of that | 1385 |
division. | 1386 |
(DD)(1) Any corporation or labor organization that violates | 1387 |
division (X)(3)(a) of section 3517.13 of the Revised Code shall be | 1388 |
fined an amount equal to three times the amount given in excess of | 1389 |
the amount permitted by that division. | 1390 |
(2) Any state or county political party that violates | 1391 |
division (X)(3)(b) of section 3517.13 of the Revised Code shall be | 1392 |
fined an amount equal to three times the amount accepted in excess | 1393 |
of the amount permitted by that division. | 1394 |
(EE)(1) Whoever solicits or directs a contribution in | 1395 |
violation of division (B) of section 3517.093 of the Revised Code | 1396 |
is guilty of a misdemeanor of the first degree. | 1397 |
(2) Whoever accepts a contribution in violation of division | 1398 |
(C) of section 3517.093 of the Revised Code shall return to the | 1399 |
contributor any amount so accepted. | 1400 |
Section 2. That existing sections 3517.13` and 3517.992 of | 1401 |
the Revised Code are hereby repealed. | 1402 |
Section 3. Notwithstanding any provision of section 3517.13 | 1403 |
of the Revised Code to the contrary, no agency or department of | 1404 |
this state or any political subdivision shall be prohibited from | 1405 |
awarding a state contract, as defined in section 3517.093 of the | 1406 |
Revised Code, to an individual, partnership or other | 1407 |
unincorporated business, association, estate, trust, corporation, | 1408 |
or business trust as a result of any of the following: | 1409 |
(A) Any contribution made prior to January 1, 2007, by a | 1410 |
child seven years of age through seventeen years of age of any of | 1411 |
the following: | 1412 |
(1) An individual who is seeking the award of a state | 1413 |
contract; | 1414 |
(2) A partner or owner of a partnership or other | 1415 |
unincorporated business that is seeking the award of a state | 1416 |
contract; | 1417 |
(3) A shareholder of an association, including, without | 1418 |
limitation, a professional association organized under Chapter | 1419 |
1785. of the Revised Code, that is seeking the award of a state | 1420 |
contract; | 1421 |
(4) An administrator of an estate that is seeking the award | 1422 |
of a state contract; | 1423 |
(5) An executor of an estate that is seeking the award of a | 1424 |
state contract; | 1425 |
(6) A trustee of a trust that is seeking the award of a state | 1426 |
contract; | 1427 |
(7) An owner of more than twenty per cent of a corporation or | 1428 |
business trust, except a professional association organized under | 1429 |
Chapter 1785. of the Revised Code, that is seeking the award of a | 1430 |
state contract. | 1431 |
(B) Any combination of contributions made prior to January 1, | 1432 |
2007, by any combination of the following: | 1433 |
(1) Any person identified in divisions (A)(1) to (7) of this | 1434 |
section; | 1435 |
(2) The spouse of any person identified in divisions (A)(1) | 1436 |
to (7) of this section; | 1437 |
(3) Any child seven years of age through seventeen years of | 1438 |
age of any person identified in divisions (A)(1) to (7) of this | 1439 |
section; | 1440 |
(4) Any political action committee affiliated with the | 1441 |
applicable partnership or other unincorporated business, | 1442 |
association, estate, trust, corporation, or business trust. | 1443 |
(C) Any contribution made prior to January 1, 2007, of more | 1444 |
than five hundred dollars through one thousand dollars by either | 1445 |
of the following: | 1446 |
(1) Any person identified in divisions (A)(1) to (7) of this | 1447 |
section; | 1448 |
(2) The spouse of any person identified in divisions (A)(1) | 1449 |
to (7) of this section. | 1450 |
Section 4. (A) If, on the effective date of this section, any | 1451 |
of the following has awarded a contract and the performance of | 1452 |
that contract has not yet been concluded, the contract shall be | 1453 |
considered to have been awarded on the effective date of this act | 1454 |
for the purpose of divisions (I)(2), (J)(2), (Y)(2), and (Z)(2) of | 1455 |
section 3517.13 of the Revised Code: | 1456 |
(1) Any agency or department of this state; | 1457 |
(2) Any political subdivision; | 1458 |
(3) The Administrator of Workers' Compensation; | 1459 |
(4) The employees of the Bureau of Workers' Compensation. | 1460 |
(B) As used in this section, "contract" means any contract | 1461 |
for the purchase of goods costing more than five hundred dollars | 1462 |
or services costing more than five hundred dollars. | 1463 |
Section 5. If any item of law contained in this act, or if | 1464 |
any application of any item of law contained in this act, is held | 1465 |
invalid, the invalidity does not affect other items of law or | 1466 |
applications of items of law that can be given effect without the | 1467 |
invalid item of law or application. To this end, the items of law | 1468 |
of which the sections contained in this act are composed, and | 1469 |
their applications, are independent and severable. | 1470 |