As Re-referred to the Senate Government Oversight Committee

128th General Assembly Regular Session 2009-2010

S. B. No. 170

Senator Faber 

Cosponsors: Senators Wagoner, Schaffer, Gibbs, Niehaus, Goodman 

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A BILL

To amend sections 3517.13 and 3517.992 of the Revised

1

Code to limit to $500 the amount of political

2

contributions that may be made by or accepted from

3

the principals and key employees of an entity that

4

is applying for a license or other authorization,

5

or that is licensed or otherwise authorized, to

6

operate video lottery terminal games in this

7

state.

8

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

Section 1.  That sections 3517.13 and 3517.992 of the Revised	9
Code be amended to read as follows:	10

Sec. 3517.13.  (A)(1) No campaign committee of a statewide	11
candidate shall fail to file a complete and accurate statement	12
required under division (A)(1) of section 3517.10 of the Revised	13
Code.	14

(2) No campaign committee of a statewide candidate shall fail	15
to file a complete and accurate monthly statement, and no campaign	16
committee of a statewide candidate or a candidate for the office	17
of chief justice or justice of the supreme court shall fail to	18
file a complete and accurate two-business-day statement, as	19
required under section 3517.10 of the Revised Code.	20

As used in this division, "statewide candidate" has the same	21
meaning as in division (F)(2) of section 3517.10 of the Revised	22
Code.	23

(B) No campaign committee shall fail to file a complete and	24
accurate statement required under division (A)(1) of section	25
3517.10 of the Revised Code.	26

(C) No campaign committee shall fail to file a complete and	27
accurate statement required under division (A)(2) of section	28
3517.10 of the Revised Code.	29

(D) No campaign committee shall fail to file a complete and	30
accurate statement required under division (A)(3) or (4) of	31
section 3517.10 of the Revised Code.	32

(E) No person other than a campaign committee shall knowingly	33
fail to file a statement required under section 3517.10 or	34
3517.107 of the Revised Code.	35

(F) No person shall make cash contributions to any person	36
totaling more than one hundred dollars in each primary, special,	37
or general election.	38

(G)(1) No person shall knowingly conceal or misrepresent	39
contributions given or received, expenditures made, or any other	40
information required to be reported by a provision in sections	41
3517.08 to 3517.13 and 3517.17 of the Revised Code.	42

(2)(a) No person shall make a contribution to a campaign	43
committee, political action committee, political contributing	44
entity, legislative campaign fund, political party, or person	45
making disbursements to pay the direct costs of producing or	46
airing electioneering communications in the name of another	47
person.	48

(b) A person does not make a contribution in the name of	49
another when either of the following applies:	50

(i) An individual makes a contribution from a partnership or	51
other unincorporated business account, if the contribution is	52
reported by listing both the name of the partnership or other	53
unincorporated business and the name of the partner or owner	54
making the contribution as required under division (I) of section	55
3517.10 of the Revised Code.	56

(ii) A person makes a contribution in that person's spouse's	57
name or in both of their names.	58

(H) No person within this state, publishing a newspaper or	59
other periodical, shall charge a campaign committee for political	60
advertising a rate in excess of the rate such person would charge	61
if the campaign committee were a general rate advertiser whose	62
advertising was directed to promoting its business within the same	63
area as that encompassed by the particular office that the	64
candidate of the campaign committee is seeking. The rate shall	65
take into account the amount of space used, as well as the type of	66
advertising copy submitted by or on behalf of the campaign	67
committee. All discount privileges otherwise offered by a	68
newspaper or periodical to general rate advertisers shall be	69
available upon equal terms to all campaign committees.	70

No person within this state, operating a radio or television	71
station or network of stations in this state, shall charge a	72
campaign committee for political broadcasts a rate that exceeds:	73

(1) During the forty-five days preceding the date of a	74
primary election and during the sixty days preceding the date of a	75
general or special election in which the candidate of the campaign	76
committee is seeking office, the lowest unit charge of the station	77
for the same class and amount of time for the same period;	78

(2) At any other time, the charges made for comparable use of	79
that station by its other users.	80

(I) Subject to divisions (K), (L), (M), and (N) of this	81
section, no agency or department of this state or any political	82
subdivision shall award any contract, other than one let by	83
competitive bidding or a contract incidental to such contract or	84
which is by force account, for the purchase of goods costing more	85
than five hundred dollars or services costing more than five	86
hundred dollars to any individual, partnership, association,	87
including, without limitation, a professional association	88
organized under Chapter 1785. of the Revised Code, estate, or	89
trust if the individual has made or the individual's spouse has	90
made, or any partner, shareholder, administrator, executor, or	91
trustee or the spouse of any of them has made, as an individual,	92
within the two previous calendar years, one or more contributions	93
totaling in excess of one thousand dollars to the holder of the	94
public office having ultimate responsibility for the award of the	95
contract or to the public officer's campaign committee.	96

(J) Subject to divisions (K), (L), (M), and (N) of this	97
section, no agency or department of this state or any political	98
subdivision shall award any contract, other than one let by	99
competitive bidding or a contract incidental to such contract or	100
which is by force account, for the purchase of goods costing more	101
than five hundred dollars or services costing more than five	102
hundred dollars to a corporation or business trust, except a	103
professional association organized under Chapter 1785. of the	104
Revised Code, if an owner of more than twenty per cent of the	105
corporation or business trust or the spouse of that person has	106
made, as an individual, within the two previous calendar years,	107
taking into consideration only owners for all of that period, one	108
or more contributions totaling in excess of one thousand dollars	109
to the holder of a public office having ultimate responsibility	110
for the award of the contract or to the public officer's campaign	111
committee.	112

(K) For purposes of divisions (I) and (J) of this section, if	113
a public officer who is responsible for the award of a contract is	114
appointed by the governor, whether or not the appointment is	115
subject to the advice and consent of the senate, excluding members	116
of boards, commissions, committees, authorities, councils, boards	117
of trustees, task forces, and other such entities appointed by the	118
governor, the office of the governor is considered to have	119
ultimate responsibility for the award of the contract.	120

(L) For purposes of divisions (I) and (J) of this section, if	121
a public officer who is responsible for the award of a contract is	122
appointed by the elected chief executive officer of a municipal	123
corporation, or appointed by the elected chief executive officer	124
of a county operating under an alternative form of county	125
government or county charter, excluding members of boards,	126
commissions, committees, authorities, councils, boards of	127
trustees, task forces, and other such entities appointed by the	128
chief executive officer, the office of the chief executive officer	129
is considered to have ultimate responsibility for the award of the	130
contract.	131

(M)(1) Divisions (I) and (J) of this section do not apply to	132
contracts awarded by the board of commissioners of the sinking	133
fund, municipal legislative authorities, boards of education,	134
boards of county commissioners, boards of township trustees, or	135
other boards, commissions, committees, authorities, councils,	136
boards of trustees, task forces, and other such entities created	137
by law, by the supreme court or courts of appeals, by county	138
courts consisting of more than one judge, courts of common pleas	139
consisting of more than one judge, or municipal courts consisting	140
of more than one judge, or by a division of any court if the	141
division consists of more than one judge. This division shall	142
apply to the specified entity only if the members of the entity	143
act collectively in the award of a contract for goods or services.	144

(2) Divisions (I) and (J) of this section do not apply to	145
actions of the controlling board.	146

(N)(1) Divisions (I) and (J) of this section apply to	147
contributions made to the holder of a public office having	148
ultimate responsibility for the award of a contract, or to the	149
public officer's campaign committee, during the time the person	150
holds the office and during any time such person was a candidate	151
for the office. Those divisions do not apply to contributions	152
made to, or to the campaign committee of, a candidate for or	153
holder of the office other than the holder of the office at the	154
time of the award of the contract.	155

(2) Divisions (I) and (J) of this section do not apply to	156
contributions of a partner, shareholder, administrator, executor,	157
trustee, or owner of more than twenty per cent of a corporation or	158
business trust made before the person held any of those positions	159
or after the person ceased to hold any of those positions in the	160
partnership, association, estate, trust, corporation, or business	161
trust whose eligibility to be awarded a contract is being	162
determined, nor to contributions of the person's spouse made	163
before the person held any of those positions, after the person	164
ceased to hold any of those positions, before the two were	165
married, after the granting of a decree of divorce, dissolution of	166
marriage, or annulment, or after the granting of an order in an	167
action brought solely for legal separation. Those divisions do not	168
apply to contributions of the spouse of an individual whose	169
eligibility to be awarded a contract is being determined made	170
before the two were married, after the granting of a decree of	171
divorce, dissolution of marriage, or annulment, or after the	172
granting of an order in an action brought solely for legal	173
separation.	174

(O) No beneficiary of a campaign fund or other person shall	175
convert for personal use, and no person shall knowingly give to a	176
beneficiary of a campaign fund or any other person, for the	177
beneficiary's or any other person's personal use, anything of	178
value from the beneficiary's campaign fund, including, without	179
limitation, payments to a beneficiary for services the beneficiary	180
personally performs, except as reimbursement for any of the	181
following:	182

(1) Legitimate and verifiable prior campaign expenses	183
incurred by the beneficiary;	184

(2) Legitimate and verifiable ordinary and necessary prior	185
expenses incurred by the beneficiary in connection with duties as	186
the holder of a public office, including, without limitation,	187
expenses incurred through participation in nonpartisan or	188
bipartisan events if the participation of the holder of a public	189
office would normally be expected;	190

(3) Legitimate and verifiable ordinary and necessary prior	191
expenses incurred by the beneficiary while doing any of the	192
following:	193

(a) Engaging in activities in support of or opposition to a	194
candidate other than the beneficiary, political party, or ballot	195
issue;	196

(b) Raising funds for a political party, political action	197
committee, political contributing entity, legislative campaign	198
fund, campaign committee, or other candidate;	199

(c) Participating in the activities of a political party,	200
political action committee, political contributing entity,	201
legislative campaign fund, or campaign committee;	202

(d) Attending a political party convention or other political	203
meeting.	204

For purposes of this division, an expense is incurred	205
whenever a beneficiary has either made payment or is obligated to	206
make payment, as by the use of a credit card or other credit	207
procedure or by the use of goods or services received on account.	208

(P) No beneficiary of a campaign fund shall knowingly accept,	209
and no person shall knowingly give to the beneficiary of a	210
campaign fund, reimbursement for an expense under division (O) of	211
this section to the extent that the expense previously was	212
reimbursed or paid from another source of funds. If an expense is	213
reimbursed under division (O) of this section and is later paid or	214
reimbursed, wholly or in part, from another source of funds, the	215
beneficiary shall repay the reimbursement received under division	216
(O) of this section to the extent of the payment made or	217
reimbursement received from the other source.	218

(Q) No candidate or public official or employee shall accept	219
for personal or business use anything of value from a political	220
party, political action committee, political contributing entity,	221
legislative campaign fund, or campaign committee other than the	222
candidate's or public official's or employee's own campaign	223
committee, and no person shall knowingly give to a candidate or	224
public official or employee anything of value from a political	225
party, political action committee, political contributing entity,	226
legislative campaign fund, or such a campaign committee, except	227
for the following:	228

(1) Reimbursement for legitimate and verifiable ordinary and	229
necessary prior expenses not otherwise prohibited by law incurred	230
by the candidate or public official or employee while engaged in	231
any legitimate activity of the political party, political action	232
committee, political contributing entity, legislative campaign	233
fund, or such campaign committee. Without limitation, reimbursable	234
expenses under this division include those incurred while doing	235
any of the following:	236

(a) Engaging in activities in support of or opposition to	237
another candidate, political party, or ballot issue;	238

(b) Raising funds for a political party, legislative campaign	239
fund, campaign committee, or another candidate;	240

(c) Attending a political party convention or other political	241
meeting.	242

(2) Compensation not otherwise prohibited by law for actual	243
and valuable personal services rendered under a written contract	244
to the political party, political action committee, political	245
contributing entity, legislative campaign fund, or such campaign	246
committee for any legitimate activity of the political party,	247
political action committee, political contributing entity,	248
legislative campaign fund, or such campaign committee.	249

Reimbursable expenses under this division do not include, and	250
it is a violation of this division for a candidate or public	251
official or employee to accept, or for any person to knowingly	252
give to a candidate or public official or employee from a	253
political party, political action committee, political	254
contributing entity, legislative campaign fund, or campaign	255
committee other than the candidate's or public official's or	256
employee's own campaign committee, anything of value for	257
activities primarily related to the candidate's or public	258
official's or employee's own campaign for election, except for	259
contributions to the candidate's or public official's or	260
employee's campaign committee.	261

For purposes of this division, an expense is incurred	262
whenever a candidate or public official or employee has either	263
made payment or is obligated to make payment, as by the use of a	264
credit card or other credit procedure, or by the use of goods or	265
services on account.	266

(R)(1) Division (O) or (P) of this section does not prohibit	267
a campaign committee from making direct advance or post payment	268
from contributions to vendors for goods and services for which	269
reimbursement is permitted under division (O) of this section,	270
except that no campaign committee shall pay its candidate or other	271
beneficiary for services personally performed by the candidate or	272
other beneficiary.	273

(2) If any expense that may be reimbursed under division (O),	274
(P), or (Q) of this section is part of other expenses that may not	275
be paid or reimbursed, the separation of the two types of expenses	276
for the purpose of allocating for payment or reimbursement those	277
expenses that may be paid or reimbursed may be by any reasonable	278
accounting method, considering all of the surrounding	279
circumstances.	280

(3) For purposes of divisions (O), (P), and (Q) of this	281
section, mileage allowance at a rate not greater than that allowed	282
by the internal revenue service at the time the travel occurs may	283
be paid instead of reimbursement for actual travel expenses	284
allowable.	285

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

286

(a) "State elective office" has the same meaning as in	287
section 3517.092 of the Revised Code.	288

(b) "Federal office" means a federal office as defined in the	289
Federal Election Campaign Act.	290

(c) "Federal campaign committee" means a principal campaign	291
committee or authorized committee as defined in the Federal	292
Election Campaign Act.	293

(2) No person who is a candidate for state elective office	294
and who previously sought nomination or election to a federal	295
office shall transfer any funds or assets from that person's	296
federal campaign committee for nomination or election to the	297
federal office to that person's campaign committee as a candidate	298
for state elective office.	299

(3) No campaign committee of a person who is a candidate for	300
state elective office and who previously sought nomination or	301
election to a federal office shall accept any funds or assets from	302
that person's federal campaign committee for that person's	303
nomination or election to the federal office.	304

(T)(1) Except as otherwise provided in division (B)(6)(c) of	305
section 3517.102 of the Revised Code, a state or county political	306
party shall not disburse moneys from any account other than a	307
state candidate fund to make contributions to any of the	308
following:	309

(a) A state candidate fund;

310

(b) A legislative campaign fund;

311

(c) A campaign committee of a candidate for the office of	312
governor, lieutenant governor, secretary of state, auditor of	313
state, treasurer of state, attorney general, member of the state	314
board of education, or member of the general assembly.	315

(2) No state candidate fund, legislative campaign fund, or	316
campaign committee of a candidate for any office described in	317
division (T)(1)(c) of this section shall knowingly accept a	318
contribution in violation of division (T)(1) of this section.	319

(U) No person shall fail to file a statement required under	320
section 3517.12 of the Revised Code.	321

(V) No campaign committee shall fail to file a statement	322
required under division (K)(3) of section 3517.10 of the Revised	323
Code.	324

(W)(1) No foreign national shall, directly or indirectly	325
through any other person or entity, make a contribution,	326
expenditure, or independent expenditure or promise, either	327
expressly or implicitly, to make a contribution, expenditure, or	328
independent expenditure in support of or opposition to a candidate	329
for any elective office in this state, including an office of a	330
political party.	331

(2) No candidate, campaign committee, political action	332
committee, political contributing entity, legislative campaign	333
fund, state candidate fund, political party, or separate	334
segregated fund shall solicit or accept a contribution,	335
expenditure, or independent expenditure from a foreign national.	336
The secretary of state may direct any candidate, committee,	337
entity, fund, or party that accepts a contribution, expenditure,	338
or independent expenditure in violation of this division to return	339
the contribution, expenditure, or independent expenditure or, if	340
it is not possible to return the contribution, expenditure, or	341
independent expenditure, then to return instead the value of it,	342
to the contributor.	343

(3) As used in division (W) of this section, "foreign	344
national" has the same meaning as in section 441e(b) of the	345
Federal Election Campaign Act.	346

(X)(1) No state or county political party shall transfer any	347
moneys from its restricted fund to any account of the political	348
party into which contributions may be made or from which	349
contributions or expenditures may be made.	350

(2)(a) No state or county political party shall deposit a	351
contribution or contributions that it receives into its restricted	352
fund.	353

(b) No state or county political party shall make a	354
contribution or an expenditure from its restricted fund.	355

(3)(a) No corporation or labor organization shall make a gift	356
or gifts from the corporation's or labor organization's money or	357
property aggregating more than ten thousand dollars to any one	358
state or county political party for the party's restricted fund in	359
a calendar year.	360

(b) No state or county political party shall accept a gift or	361
gifts for the party's restricted fund aggregating more than ten	362
thousand dollars from any one corporation or labor organization in	363
a calendar year.	364

(4) No state or county political party shall transfer any	365
moneys in the party's restricted fund to any other state or county	366
political party.	367

(5) No state or county political party shall knowingly fail	368
to file a statement required under section 3517.1012 of the	369
Revised Code.	370

(Y) The administrator of workers' compensation and the	371
employees of the bureau of workers' compensation shall not conduct	372
any business with or award any contract, other than one awarded by	373
competitive bidding, for the purchase of goods costing more than	374
five hundred dollars or services costing more than five hundred	375
dollars to any individual, partnership, association, including,	376
without limitation, a professional association organized under	377
Chapter 1785. of the Revised Code, estate, or trust, if the	378
individual has made, or the individual's spouse has made, or any	379
partner, shareholder, administrator, executor, or trustee, or the	380
spouses of any of those individuals has made, as an individual,	381
within the two previous calendar years, one or more contributions	382
totaling in excess of one thousand dollars to the campaign	383
committee of the governor or lieutenant governor or to the	384
campaign committee of any candidate for the office of governor or	385
lieutenant governor.	386

(Z) The administrator of workers' compensation and the	387
employees of the bureau of workers' compensation shall not conduct	388
business with or award any contract, other than one awarded by	389
competitive bidding, for the purchase of goods costing more than	390
five hundred dollars or services costing more than five hundred	391
dollars to a corporation or business trust, except a professional	392
association organized under Chapter 1785. of the Revised Code, if	393
an owner of more than twenty per cent of the corporation or	394
business trust, or the spouse of the owner, has made, as an	395
individual, within the two previous calendar years, taking into	396
consideration only owners for all of such period, one or more	397
contributions totaling in excess of one thousand dollars to the	398
campaign committee of the governor or lieutenant governor or to	399
the campaign committee of any candidate for the office of governor	400
or lieutenant governor.	401

(AA)(1) No principal and no key employee of an entity that is	402
applying for a license or other authorization, or that is licensed	403
or otherwise authorized, to operate video lottery terminal games	404
in this state pursuant to sections 3770.03 and 3770.21 of the	405
Revised Code shall make a contribution or contributions exceeding	406
five hundred dollars to a campaign committee, political action	407
committee, political contributing entity, legislative campaign	408
fund, political party, or person making disbursements to pay the	409
direct costs of producing or airing electioneering communications	410
in a primary election period or in a general election period.	411

(2) No campaign committee, political action committee,	412
political contributing entity, legislative campaign fund,	413
political party, or person making disbursements to pay the direct	414
costs of producing or airing electioneering communications shall	415
accept a contribution or contributions exceeding five hundred	416
dollars in a primary election period or in a general election	417
period from a principal or a key employee of an entity that is	418
applying for a license or other authorization, or that is licensed	419
or otherwise authorized, to operate video lottery terminal games	420
in this state pursuant to sections 3770.03 and 3770.21 of the	421
Revised Code.	422

(3)(a) Each entity that is applying for a license or other	423
authorization to operate video lottery terminal games in this	424
state shall file with the secretary of state and, if the entity	425
has a facility in this state, with the board of elections of the	426
county in which the facility is located, a list of all principals	427
and all key employees not later than thirty days after submitting	428
the application.	429

(b) Each entity that is licensed or otherwise authorized to	430
operate video lottery terminal games in this state shall file with	431
the secretary of state and with the board of elections of the	432
county in which the facility is located a list of all principals	433
and all key employees not later than the first day of January and	434
the first day of July of each year.	435

(4) As used in division (AA) of this section:

436

(a) "Key employee" means an individual who is employed in a	437
director or department head capacity by an entity that is applying	438
for a license or other authorization, or that is licensed or	439
otherwise authorized, to operate video lottery terminal games in	440
this state and who is empowered to make discretionary decisions	441
that regulate video lottery terminal game operations, including	442
the general manager and assistant manager of the facility,	443
director of video lottery terminal game operations, director of	444
cage or credit operations, director of surveillance, director of	445
marketing, director of management information systems, director of	446
security, comptroller, and any employee who supervises the	447
operations of such departments or to whom such directors or	448
department heads report. "Key employee" also includes any other	449
positions designated by the state lottery commission based on	450
analyses of a facility's job descriptions.	451

(b) "Principal" means any of the following, with respect to	452
an entity that is applying for a license or other authorization,	453
or that is licensed or otherwise authorized, to operate video	454
lottery terminal games in this state:	455

(i) An officer;

456

(ii) A director;

457

(iii) A person who directly holds a beneficial interest in or	458
ownership of the securities of such an entity or has the ability	459
to elect a majority of the board of directors of, or to otherwise	460
control, such an entity;	461

(iv) A lender, other than a bank or lending institution, that	462
makes a loan or holds a mortgage or other lien of such an entity	463
that is acquired in the ordinary course of business;	464

(v) An underwriter of such an entity;

465

(vi) Any other individual or employee of such entity that the	466
state lottery commission determines.	467

Sec. 3517.992.  This section establishes penalties only with	468
respect to acts or failures to act that occur on and after August	469
24, 1995.	470

(A)(1) A candidate whose campaign committee violates division	471
(A), (B), (C), (D), or (V) of section 3517.13 of the Revised Code,	472
or a treasurer of a campaign committee who violates any of those	473
divisions, shall be fined not more than one hundred dollars for	474
each day of violation.	475

(2) Whoever violates division (E) or (X)(5) of section	476
3517.13 of the Revised Code shall be fined not more than one	477
hundred dollars for each day of violation.	478

(B) A political party that violates division (F)(1) of	479
section 3517.101 of the Revised Code shall be fined not more than	480
one hundred dollars for each day of violation.	481

(C) Whoever violates division (F)(2) of section 3517.101 or	482
division (G) of section 3517.13 of the Revised Code shall be fined	483
not more than ten thousand dollars or, if the offender is a person	484
who was nominated or elected to public office, shall forfeit the	485
nomination or the office to which the offender was elected, or	486
both.	487

(D) Whoever violates division (F) of section 3517.13 of the	488
Revised Code shall be fined not more than three times the amount	489
contributed.	490

(E) Whoever violates division (H) of section 3517.13 of the	491
Revised Code shall be fined not more than one hundred dollars.	492

(F) Whoever violates division (O), (P), or (Q) of section	493
3517.13 of the Revised Code is guilty of a misdemeanor of the	494
first degree.	495

(G) A state or county committee of a political party that	496
violates division (B)(1) of section 3517.18 of the Revised Code	497
shall be fined not more than twice the amount of the improper	498
expenditure.	499

(H) A state or county political party that violates division	500
(G) of section 3517.101 of the Revised Code shall be fined not	501
more than twice the amount of the improper expenditure or use.	502

(I)(1) Any individual who violates division (B)(1) of section	503
3517.102 of the Revised Code and knows that the contribution the	504
individual makes violates that division shall be fined an amount	505
equal to three times the amount contributed in excess of the	506
amount permitted by that division.	507

(2) Any political action committee that violates division	508
(B)(2) of section 3517.102 of the Revised Code shall be fined an	509
amount equal to three times the amount contributed in excess of	510
the amount permitted by that division.	511

(3) Any campaign committee that violates division (B)(3) or	512
(5) of section 3517.102 of the Revised Code shall be fined an	513
amount equal to three times the amount contributed in excess of	514
the amount permitted by that division.	515

(4)(a) Any legislative campaign fund that violates division	516
(B)(6) of section 3517.102 of the Revised Code shall be fined an	517
amount equal to three times the amount transferred or contributed	518
in excess of the amount permitted by that division, as applicable.	519

(b) Any state political party, county political party, or	520
state candidate fund of a state political party or county	521
political party that violates division (B)(6) of section 3517.102	522
of the Revised Code shall be fined an amount equal to three times	523
the amount transferred or contributed in excess of the amount	524
permitted by that division, as applicable.	525

(c) Any political contributing entity that violates division	526
(B)(7) of section 3517.102 of the Revised Code shall be fined an	527
amount equal to three times the amount contributed in excess of	528
the amount permitted by that division.	529

(5) Any political party that violates division (B)(4) of	530
section 3517.102 of the Revised Code shall be fined an amount	531
equal to three times the amount contributed in excess of the	532
amount permitted by that division.	533

(6) Notwithstanding divisions (I)(1), (2), (3), (4), and (5)	534
of this section, no violation of division (B) of section 3517.102	535
of the Revised Code occurs, and the secretary of state shall not	536
refer parties to the Ohio elections commission, if the amount	537
transferred or contributed in excess of the amount permitted by	538
that division meets either of the following conditions:	539

(a) It is completely refunded within five business days after	540
it is accepted.	541

(b) It is completely refunded on or before the tenth business	542
day after notification to the recipient of the excess transfer or	543
contribution by the board of elections or the secretary of state	544
that a transfer or contribution in excess of the permitted amount	545
has been received.	546

(J)(1) Any campaign committee that violates division (C)(1),	547
(2), (3), or (6) of section 3517.102 of the Revised Code shall be	548
fined an amount equal to three times the amount accepted in excess	549
of the amount permitted by that division.	550

(2)(a) Any county political party that violates division	551
(C)(4)(a)(ii) or (iii) of section 3517.102 of the Revised Code	552
shall be fined an amount equal to three times the amount accepted.	553

(b) Any county political party that violates division	554
(C)(4)(a)(i) of section 3517.102 of the Revised Code shall be	555
fined an amount from its state candidate fund equal to three times	556
the amount accepted in excess of the amount permitted by that	557
division.	558

(c) Any state political party that violates division	559
(C)(4)(b) of section 3517.102 of the Revised Code shall be fined	560
an amount from its state candidate fund equal to three times the	561
amount accepted in excess of the amount permitted by that	562
division.	563

(3) Any legislative campaign fund that violates division	564
(C)(5) of section 3517.102 of the Revised Code shall be fined an	565
amount equal to three times the amount accepted in excess of the	566
amount permitted by that division.	567

(4) Any political action committee or political contributing	568
entity that violates division (C)(7) of section 3517.102 of the	569
Revised Code shall be fined an amount equal to three times the	570
amount accepted in excess of the amount permitted by that	571
division.	572

(5) Notwithstanding divisions (J)(1), (2), (3), and (4) of	573
this section, no violation of division (C) of section 3517.102 of	574
the Revised Code occurs, and the secretary of state shall not	575
refer parties to the Ohio elections commission, if the amount	576
transferred or contributed in excess of the amount permitted to be	577
accepted by that division meets either of the following	578
conditions:	579

(a) It is completely refunded within five business days after	580
its acceptance.	581

(b) It is completely refunded on or before the tenth business	582
day after notification to the recipient of the excess transfer or	583
contribution by the board of elections or the secretary of state	584
that a transfer or contribution in excess of the permitted amount	585
has been received.	586

(K)(1) Any legislative campaign fund that violates division	587
(F)(1) of section 3517.102 of the Revised Code shall be fined	588
twenty-five dollars for each day of violation.	589

(2) Any legislative campaign fund that violates division	590
(F)(2) of section 3517.102 of the Revised Code shall give to the	591
treasurer of state for deposit into the state treasury to the	592
credit of the Ohio elections commission fund all excess	593
contributions not disposed of as required by division (E) of	594
section 3517.102 of the Revised Code.	595

(L) Whoever violates section 3517.105 of the Revised Code	596
shall be fined one thousand dollars.	597

(M)(1) Whoever solicits a contribution in violation of	598
section 3517.092 or violates division (B) of section 3517.09 of	599
the Revised Code is guilty of a misdemeanor of the first degree.	600

(2) Whoever knowingly accepts a contribution in violation of	601
division (B) or (C) of section 3517.092 of the Revised Code shall	602
be fined an amount equal to three times the amount accepted in	603
violation of either of those divisions and shall return to the	604
contributor any amount so accepted. Whoever unknowingly accepts a	605
contribution in violation of division (B) or (C) of section	606
3517.092 of the Revised Code shall return to the contributor any	607
amount so accepted.	608

(N) Whoever violates division (S) of section 3517.13 of the	609
Revised Code shall be fined an amount equal to three times the	610
amount of funds transferred or three times the value of the assets	611
transferred in violation of that division.	612

(O) Any campaign committee that accepts a contribution or	613
contributions in violation of section 3517.108 of the Revised	614
Code, uses a contribution in violation of that section, or fails	615
to dispose of excess contributions in violation of that section	616
shall be fined an amount equal to three times the amount accepted,	617
used, or kept in violation of that section.	618

(P) Any political party, state candidate fund, legislative	619
candidate fund, or campaign committee that violates division (T)	620
of section 3517.13 of the Revised Code shall be fined an amount	621
equal to three times the amount contributed or accepted in	622
violation of that section.	623

(Q) A treasurer of a committee or another person who violates	624
division (U) of section 3517.13 of the Revised Code shall be fined	625
not more than two hundred fifty dollars.	626

(R) Whoever violates division (I) or (J) of section 3517.13	627
of the Revised Code shall be fined not more than one thousand	628
dollars. Whenever a person is found guilty of violating division	629
(I) or (J) of section 3517.13 of the Revised Code, the contract	630
awarded in violation of either of those divisions shall be	631
rescinded if its terms have not yet been performed.	632

(S) A candidate whose campaign committee violates or a	633
treasurer of a campaign committee who violates section 3517.081 of	634
the Revised Code, and a candidate whose campaign committee	635
violates or a treasurer of a campaign committee or another person	636
who violates division (C) of section 3517.10 of the Revised Code,	637
shall be fined not more than five hundred dollars.	638

(T) A candidate whose campaign committee violates or a	639
treasurer of a committee who violates division (B) of section	640
3517.09 of the Revised Code, or a candidate whose campaign	641
committee violates or a treasurer of a campaign committee or	642
another person who violates division (C) of section 3517.09 of the	643
Revised Code shall be fined not more than one thousand dollars.	644

(U) Whoever violates section 3517.20 of the Revised Code	645
shall be fined not more than five hundred dollars.	646

(V) Whoever violates section 3517.21 or 3517.22 of the	647
Revised Code shall be imprisoned for not more than six months or	648
fined not more than five thousand dollars, or both.	649

(W) A campaign committee that is required to file a	650
declaration of no limits under division (D)(2) of section 3517.103	651
of the Revised Code that, before filing that declaration, accepts	652
a contribution or contributions that exceed the limitations	653
prescribed in section 3517.102 of the Revised Code, shall return	654
that contribution or those contributions to the contributor.	655

(X) Any campaign committee that fails to file the declaration	656
of filing-day finances required by division (F) of section	657
3517.109 or the declaration of primary-day finances or declaration	658
of year-end finances required by division (E) of section 3517.1010	659
of the Revised Code shall be fined twenty-five dollars for each	660
day of violation.	661

(Y) Any campaign committee that fails to dispose of excess	662
funds or excess aggregate contributions under division (B) of	663
section 3517.109 of the Revised Code in the manner required by	664
division (C) of that section or under division (B) of section	665
3517.1010 of the Revised Code in the manner required by division	666
(C) of that section shall give to the treasurer of state for	667
deposit into the Ohio elections commission fund created under	668
division (I) of section 3517.152 of the Revised Code all funds not	669
disposed of pursuant to those divisions.	670

(Z) Any individual, campaign committee, political action	671
committee, political contributing entity, legislative campaign	672
fund, political party, or other entity that violates any provision	673
of sections 3517.09 to 3517.12 of the Revised Code for which no	674
penalty is provided for under any other division of this section	675
shall be fined not more than one thousand dollars.	676

(AA)(1) Whoever knowingly violates division (W)(1) of section	677
3517.13 of the Revised Code shall be fined an amount equal to	678
three times the amount contributed, expended, or promised in	679
violation of that division or ten thousand dollars, whichever	680
amount is greater.	681

(2) Whoever knowingly violates division (W)(2) of section	682
3517.13 of the Revised Code shall be fined an amount equal to	683
three times the amount solicited or accepted in violation of that	684
division or ten thousand dollars, whichever amount is greater.	685

(BB) Whoever knowingly violates division (C) or (D) of	686
section 3517.1011 of the Revised Code shall be fined not more than	687
ten thousand dollars plus not more than one thousand dollars for	688
each day of violation.	689

(CC)(1) Subject to division (CC)(2) of this section, whoever	690
violates division (H) of section 3517.1011 of the Revised Code	691
shall be fined an amount up to three times the amount disbursed	692
for the direct costs of airing the communication made in violation	693
of that division.	694

(2) Whoever has been ordered by the Ohio elections commission	695
or by a court of competent jurisdiction to cease making	696
communications in violation of division (H) of section 3517.1011	697
of the Revised Code who again violates that division shall be	698
fined an amount equal to three times the amount disbursed for the	699
direct costs of airing the communication made in violation of that	700
division.	701

(DD)(1) Any corporation or labor organization that violates	702
division (X)(3)(a) of section 3517.13 of the Revised Code shall be	703
fined an amount equal to three times the amount given in excess of	704
the amount permitted by that division.	705

(2) Any state or county political party that violates	706
division (X)(3)(b) of section 3517.13 of the Revised Code shall be	707
fined an amount equal to three times the amount accepted in excess	708
of the amount permitted by that division.	709

(EE)(1) Whoever violates division (AA)(1) of section 3517.13	710
of the Revised Code shall be fined an amount equal to three times	711
the amount contributed in excess of the amount permitted by that	712
division.	713

(2) Whoever violates division (AA)(2) of section 3517.13 of	714
the Revised Code shall be fined an amount equal to three times the	715
amount accepted in excess of the amount permitted by that	716
division.	717

Section 2.  That existing sections 3517.13 and 3517.992 of	718
the Revised Code are hereby repealed.	719