S. B. No. 206 As Introduced

As Introduced

128th General Assembly

Regular Session

2009-2010

S. B. No. 206

Senator Grendell

Cosponsor: Senator Husted

A BILL

To amend sections 3517.13 and 3517.992 of the Revised

Code to limit to $500 the amount of political

contributions that may be made by or accepted from

the principals and key employees of an entity that

is applying for a license or other authorization,

or that is licensed or otherwise authorized, to

operate video lottery terminal games or a casino

in this state.

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 or to operate a casino pursuant to Article XV,	406
Section 6(c) of the Ohio Constitution shall make a contribution or	407
contributions exceeding five hundred dollars to a campaign	408
committee, political action committee, political contributing	409
entity, legislative campaign fund, political party, or person	410
making disbursements to pay the direct costs of producing or	411
airing electioneering communications in a primary election period	412
or in a general election period.	413

(2) No campaign committee, political action committee,	414
political contributing entity, legislative campaign fund,	415
political party, or person making disbursements to pay the direct	416
costs of producing or airing electioneering communications shall	417
accept a contribution or contributions exceeding five hundred	418
dollars in a primary election period or in a general election	419
period from a principal or a key employee of an entity that is	420
applying for a license or other authorization, or that is licensed	421
or otherwise authorized, to operate video lottery terminal games	422
in this state pursuant to sections 3770.03 and 3770.21 of the	423
Revised Code or to operate a casino pursuant to Article XV,	424
Section 6(c) of the Ohio Constitution.	425

(3)(a) Each entity that is applying for a license or other	426
authorization to operate video lottery terminal games or a casino	427
in this state shall file with the secretary of state and, if the	428
entity has a facility in this state, with the board of elections	429
of the county in which the facility is located, a list of all	430
principals and all key employees not later than thirty days after	431
submitting the application.	432

(b) Each entity that is licensed or otherwise authorized to	433
operate video lottery terminal games or a casino in this state	434
shall file with the secretary of state and with the board of	435
elections of the county in which the facility is located a list	436
of all principals and all key employees not later than the first	437
day of January and the first day of July of each year.	438

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

439

(a) "Key employee" means an individual who is employed in a	440
director or department head capacity by an entity that is applying	441
for a license or other authorization, or that is licensed or	442
otherwise authorized, to operate video lottery terminal games or a	443
casino in this state and who is empowered to make discretionary	444
decisions that regulate video lottery terminal game or casino	445
operations, including the general manager and assistant manager	446
of the facility, director of video lottery terminal game or	447
casino operations, director of cage or credit operations,	448
director of surveillance, director of marketing, director of	449
management information systems, director of security,	450
comptroller, and any employee who supervises the operations of	451
such departments or to whom such directors or department heads	452
report. "Key employee" also includes any other positions	453
designated by the state lottery commission or casino control	454
commission based on analyses of a facility's job descriptions.	455

(b) "Principal" means any of the following, with respect to	456
an entity that is applying for a license or other authorization,	457
or that is licensed or otherwise authorized, to operate video	458
lottery terminal games or a casino in this state:	459

(i) An officer;

460

(ii) A director;

461

(iii) A person who directly holds a beneficial interest in or	462
ownership of the securities of such an entity or has the ability	463
to elect a majority of the board of directors of, or to otherwise	464
control, such an entity;	465

(iv) A lender, other than a bank or lending institution, that	466
makes a loan or holds a mortgage or other lien of such an entity	467
that is acquired in the ordinary course of business;	468

(v) An underwriter of such an entity;

469

(vi) Any other individual or employee of such entity that the	470
state lottery commission or casino control commission determines.	471

Sec. 3517.992. This section establishes penalties only with	472
respect to acts or failures to act that occur on and after August	473
24, 1995.	474

(A)(1) A candidate whose campaign committee violates division	475
(A), (B), (C), (D), or (V) of section 3517.13 of the Revised Code,	476
or a treasurer of a campaign committee who violates any of those	477
divisions, shall be fined not more than one hundred dollars for	478
each day of violation.	479

(2) Whoever violates division (E) or (X)(5) of section	480
3517.13 of the Revised Code shall be fined not more than one	481
hundred dollars for each day of violation.	482

(B) A political party that violates division (F)(1) of	483
section 3517.101 of the Revised Code shall be fined not more than	484
one hundred dollars for each day of violation.	485

(C) Whoever violates division (F)(2) of section 3517.101 or	486
division (G) of section 3517.13 of the Revised Code shall be fined	487
not more than ten thousand dollars or, if the offender is a person	488
who was nominated or elected to public office, shall forfeit the	489
nomination or the office to which the offender was elected, or	490
both.	491

(D) Whoever violates division (F) of section 3517.13 of the	492
Revised Code shall be fined not more than three times the amount	493
contributed.	494

(E) Whoever violates division (H) of section 3517.13 of the	495
Revised Code shall be fined not more than one hundred dollars.	496

(F) Whoever violates division (O), (P), or (Q) of section	497
3517.13 of the Revised Code is guilty of a misdemeanor of the	498
first degree.	499

(G) A state or county committee of a political party that	500
violates division (B)(1) of section 3517.18 of the Revised Code	501
shall be fined not more than twice the amount of the improper	502
expenditure.	503

(H) A state or county political party that violates division	504
(G) of section 3517.101 of the Revised Code shall be fined not	505
more than twice the amount of the improper expenditure or use.	506

(I)(1) Any individual who violates division (B)(1) of section	507
3517.102 of the Revised Code and knows that the contribution the	508
individual makes violates that division shall be fined an amount	509
equal to three times the amount contributed in excess of the	510
amount permitted by that division.	511

(2) Any political action committee that violates division	512
(B)(2) 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

(3) Any campaign committee that violates division (B)(3) or	516
(5) of section 3517.102 of the Revised Code shall be fined an	517
amount equal to three times the amount contributed in excess of	518
the amount permitted by that division.	519

(4)(a) Any legislative campaign fund that violates division	520
(B)(6) of section 3517.102 of the Revised Code shall be fined an	521
amount equal to three times the amount transferred or contributed	522
in excess of the amount permitted by that division, as applicable.	523

(b) Any state political party, county political party, or	524
state candidate fund of a state political party or county	525
political party that violates division (B)(6) of section 3517.102	526
of the Revised Code shall be fined an amount equal to three times	527
the amount transferred or contributed in excess of the amount	528
permitted by that division, as applicable.	529

(c) Any political contributing entity that violates division	530
(B)(7) of section 3517.102 of the Revised Code shall be fined an	531
amount equal to three times the amount contributed in excess of	532
the amount permitted by that division.	533

(5) Any political party that violates division (B)(4) of	534
section 3517.102 of the Revised Code shall be fined an amount	535
equal to three times the amount contributed in excess of the	536
amount permitted by that division.	537

(6) Notwithstanding divisions (I)(1), (2), (3), (4), and (5)	538
of this section, no violation of division (B) of section 3517.102	539
of the Revised Code occurs, and the secretary of state shall not	540
refer parties to the Ohio elections commission, if the amount	541
transferred or contributed in excess of the amount permitted by	542
that division meets either of the following conditions:	543

(a) It is completely refunded within five business days after	544
it is accepted.	545

(b) It is completely refunded on or before the tenth business	546
day after notification to the recipient of the excess transfer or	547
contribution by the board of elections or the secretary of state	548
that a transfer or contribution in excess of the permitted amount	549
has been received.	550

(J)(1) Any campaign committee that violates division (C)(1),	551
(2), (3), or (6) of section 3517.102 of the Revised Code shall be	552
fined an amount equal to three times the amount accepted in excess	553
of the amount permitted by that division.	554

(2)(a) Any county political party that violates division	555
(C)(4)(a)(ii) or (iii) of section 3517.102 of the Revised Code	556
shall be fined an amount equal to three times the amount accepted.	557

(b) Any county political party that violates division	558
(C)(4)(a)(i) of section 3517.102 of the Revised Code shall be	559
fined an amount from its state candidate fund equal to three times	560
the amount accepted in excess of the amount permitted by that	561
division.	562

(c) Any state political party that violates division	563
(C)(4)(b) of section 3517.102 of the Revised Code shall be fined	564
an amount from its state candidate fund equal to three times the	565
amount accepted in excess of the amount permitted by that	566
division.	567

(3) Any legislative campaign fund that violates division	568
(C)(5) of section 3517.102 of the Revised Code shall be fined an	569
amount equal to three times the amount accepted in excess of the	570
amount permitted by that division.	571

(4) Any political action committee or political contributing	572
entity that violates division (C)(7) of section 3517.102 of the	573
Revised Code shall be fined an amount equal to three times the	574
amount accepted in excess of the amount permitted by that	575
division.	576

(5) Notwithstanding divisions (J)(1), (2), (3), and (4) of	577
this section, no violation of division (C) of section 3517.102 of	578
the Revised Code occurs, and the secretary of state shall not	579
refer parties to the Ohio elections commission, if the amount	580
transferred or contributed in excess of the amount permitted to be	581
accepted by that division meets either of the following	582
conditions:	583

(a) It is completely refunded within five business days after	584
its acceptance.	585

(b) It is completely refunded on or before the tenth business	586
day after notification to the recipient of the excess transfer or	587
contribution by the board of elections or the secretary of state	588
that a transfer or contribution in excess of the permitted amount	589
has been received.	590

(K)(1) Any legislative campaign fund that violates division	591
(F)(1) of section 3517.102 of the Revised Code shall be fined	592
twenty-five dollars for each day of violation.	593

(2) Any legislative campaign fund that violates division	594
(F)(2) of section 3517.102 of the Revised Code shall give to the	595
treasurer of state for deposit into the state treasury to the	596
credit of the Ohio elections commission fund all excess	597
contributions not disposed of as required by division (E) of	598
section 3517.102 of the Revised Code.	599

(L) Whoever violates section 3517.105 of the Revised Code	600
shall be fined one thousand dollars.	601

(M)(1) Whoever solicits a contribution in violation of	602
section 3517.092 or violates division (B) of section 3517.09 of	603
the Revised Code is guilty of a misdemeanor of the first degree.	604

(2) Whoever knowingly accepts a contribution in violation of	605
division (B) or (C) of section 3517.092 of the Revised Code shall	606
be fined an amount equal to three times the amount accepted in	607
violation of either of those divisions and shall return to the	608
contributor any amount so accepted. Whoever unknowingly accepts a	609
contribution in violation of division (B) or (C) of section	610
3517.092 of the Revised Code shall return to the contributor any	611
amount so accepted.	612

(N) Whoever violates division (S) of section 3517.13 of the	613
Revised Code shall be fined an amount equal to three times the	614
amount of funds transferred or three times the value of the assets	615
transferred in violation of that division.	616

(O) Any campaign committee that accepts a contribution or	617
contributions in violation of section 3517.108 of the Revised	618
Code, uses a contribution in violation of that section, or fails	619
to dispose of excess contributions in violation of that section	620
shall be fined an amount equal to three times the amount accepted,	621
used, or kept in violation of that section.	622

(P) Any political party, state candidate fund, legislative	623
candidate fund, or campaign committee that violates division (T)	624
of section 3517.13 of the Revised Code shall be fined an amount	625
equal to three times the amount contributed or accepted in	626
violation of that section.	627

(Q) A treasurer of a committee or another person who violates	628
division (U) of section 3517.13 of the Revised Code shall be fined	629
not more than two hundred fifty dollars.	630

(R) Whoever violates division (I) or (J) of section 3517.13	631
of the Revised Code shall be fined not more than one thousand	632
dollars. Whenever a person is found guilty of violating division	633
(I) or (J) of section 3517.13 of the Revised Code, the contract	634
awarded in violation of either of those divisions shall be	635
rescinded if its terms have not yet been performed.	636

(S) A candidate whose campaign committee violates or a	637
treasurer of a campaign committee who violates section 3517.081 of	638
the Revised Code, and a candidate whose campaign committee	639
violates or a treasurer of a campaign committee or another person	640
who violates division (C) of section 3517.10 of the Revised Code,	641
shall be fined not more than five hundred dollars.	642

(T) A candidate whose campaign committee violates or a	643
treasurer of a committee who violates division (B) of section	644
3517.09 of the Revised Code, or a candidate whose campaign	645
committee violates or a treasurer of a campaign committee or	646
another person who violates division (C) of section 3517.09 of the	647
Revised Code shall be fined not more than one thousand dollars.	648

(U) Whoever violates section 3517.20 of the Revised Code	649
shall be fined not more than five hundred dollars.	650

(V) Whoever violates section 3517.21 or 3517.22 of the	651
Revised Code shall be imprisoned for not more than six months or	652
fined not more than five thousand dollars, or both.	653

(W) A campaign committee that is required to file a	654
declaration of no limits under division (D)(2) of section 3517.103	655
of the Revised Code that, before filing that declaration, accepts	656
a contribution or contributions that exceed the limitations	657
prescribed in section 3517.102 of the Revised Code, shall return	658
that contribution or those contributions to the contributor.	659

(X) Any campaign committee that fails to file the declaration	660
of filing-day finances required by division (F) of section	661
3517.109 or the declaration of primary-day finances or declaration	662
of year-end finances required by division (E) of section 3517.1010	663
of the Revised Code shall be fined twenty-five dollars for each	664
day of violation.	665

(Y) Any campaign committee that fails to dispose of excess	666
funds or excess aggregate contributions under division (B) of	667
section 3517.109 of the Revised Code in the manner required by	668
division (C) of that section or under division (B) of section	669
3517.1010 of the Revised Code in the manner required by division	670
(C) of that section shall give to the treasurer of state for	671
deposit into the Ohio elections commission fund created under	672
division (I) of section 3517.152 of the Revised Code all funds not	673
disposed of pursuant to those divisions.	674

(Z) Any individual, campaign committee, political action	675
committee, political contributing entity, legislative campaign	676
fund, political party, or other entity that violates any provision	677
of sections 3517.09 to 3517.12 of the Revised Code for which no	678
penalty is provided for under any other division of this section	679
shall be fined not more than one thousand dollars.	680

(AA)(1) Whoever knowingly violates division (W)(1) of section	681
3517.13 of the Revised Code shall be fined an amount equal to	682
three times the amount contributed, expended, or promised in	683
violation of that division or ten thousand dollars, whichever	684
amount is greater.	685

(2) Whoever knowingly violates division (W)(2) of section	686
3517.13 of the Revised Code shall be fined an amount equal to	687
three times the amount solicited or accepted in violation of that	688
division or ten thousand dollars, whichever amount is greater.	689

(BB) Whoever knowingly violates division (C) or (D) of	690
section 3517.1011 of the Revised Code shall be fined not more than	691
ten thousand dollars plus not more than one thousand dollars for	692
each day of violation.	693

(CC)(1) Subject to division (CC)(2) of this section, whoever	694
violates division (H) of section 3517.1011 of the Revised Code	695
shall be fined an amount up to three times the amount disbursed	696
for the direct costs of airing the communication made in violation	697
of that division.	698

(2) Whoever has been ordered by the Ohio elections commission	699
or by a court of competent jurisdiction to cease making	700
communications in violation of division (H) of section 3517.1011	701
of the Revised Code who again violates that division shall be	702
fined an amount equal to three times the amount disbursed for the	703
direct costs of airing the communication made in violation of that	704
division.	705

(DD)(1) Any corporation or labor organization that violates	706
division (X)(3)(a) of section 3517.13 of the Revised Code shall be	707
fined an amount equal to three times the amount given in excess of	708
the amount permitted by that division.	709

(2) Any state or county political party that violates	710
division (X)(3)(b) of section 3517.13 of the Revised Code shall be	711
fined an amount equal to three times the amount accepted in excess	712
of the amount permitted by that division.	713

(EE)(1) Whoever violates division (AA)(1) of section 3517.13	714
of the Revised Code shall be fined an amount equal to three times	715
the amount contributed in excess of the amount permitted by that	716
division.	717

(2) Whoever violates division (AA)(2) of section 3517.13 of	718
the Revised Code shall be fined an amount equal to three times the	719
amount accepted in excess of the amount permitted by that	720
division.	721

Section 2. That existing sections 3517.13 and 3517.992 of	722
the Revised Code are hereby repealed.	723