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To amend sections 3517.13, 3517.151, and 3517.992 and | 1 |
to enact sections 5501.70 to 5501.83 of the | 2 |
Revised Code to authorize the Department of | 3 |
Transportation to enter into public-private | 4 |
partnership agreements. | 5 |
Section 1. That sections 3517.13, 3517.151, and 3517.992 be | 6 |
amended and sections 5501.70, 5501.71, 5501.72, 5501.73, 5501.74, | 7 |
5501.75, 5501.76, 5501.77, 5501.78, 5501.79, 5501.80, 5501.81, | 8 |
5501.82, and 5501.83 of the Revised Code be enacted to read as | 9 |
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 made | 152 |
to, or to the campaign committee of, a candidate for or holder of | 153 |
the office other than the holder of the office at the time of the | 154 |
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) A private entity shall not make or submit an | 402 |
unsolicited proposal for a public-private initiative under section | 403 |
5501.72 of the Revised Code if the private entity has made, or if | 404 |
any owner of more than twenty per cent of the private entity, or | 405 |
the spouse of such an owner has made, as an individual, within the | 406 |
previous calendar year, taking into consideration only owners for | 407 |
all of such period, one or more contributions to the campaign | 408 |
committee of the governor or lieutenant governor or to the | 409 |
campaign committee of any candidate for the office of governor or | 410 |
lieutenant governor. | 411 |
(2) The department of transportation shall not accept an | 412 |
unsolicited proposal for a public-private initiative from a | 413 |
private entity under section 5501.72 of the Revised Code if the | 414 |
private entity that is proposing the public-private initiative has | 415 |
made, or if any owner of more than twenty per cent of the private | 416 |
entity, or the spouse of the owner, has made, as an individual, | 417 |
within the previous calendar year, taking into consideration only | 418 |
owners for all of such period, one or more contributions to the | 419 |
campaign committee of the governor or lieutenant governor or to | 420 |
the campaign committee of any candidate for the office of governor | 421 |
or lieutenant governor. | 422 |
(3) During the term of any public-private agreement entered | 423 |
into under section 5501.73 of the Revised Code that was proposed | 424 |
under section 5501.72 of the Revised Code, and for one calendar | 425 |
year after the termination of that public-private agreement, no | 426 |
operator, and no owner of more than twenty per cent of the | 427 |
operator, or the spouse of such an owner, shall make a | 428 |
contribution to the campaign committee of the governor or | 429 |
lieutenant governor or to the campaign committee of any candidate | 430 |
for the office of governor or lieutenant governor. | 431 |
(4) As used in division (AA) of this section, "operator," | 432 |
"private entity," "public-private agreement," and "public-private | 433 |
initiative" have the same meanings as in section 5501.70 of the | 434 |
Revised Code. | 435 |
Sec. 3517.151. (A) On and after January 1, 1996, complaints | 436 |
with respect to acts or failures to act under the sections listed | 437 |
in division (A) of section 3517.153 of the Revised Code shall be | 438 |
filed with the Ohio elections commission created under section | 439 |
3517.152 of the Revised Code. | 440 |
(B)(1) If a complaint filed with the Ohio elections | 441 |
commission created under section 3517.152 of the Revised Code | 442 |
alleges an act or failure to act that occurred before August 24, | 443 |
1995, and the commission imposes a fine, sections 3517.99 and | 444 |
3517.991 of the Revised Code, and not sections 3517.992 and | 445 |
3517.993 of the Revised Code, shall apply. | 446 |
(2) If a complaint filed with the Ohio elections commission | 447 |
created under section 3517.152 of the Revised Code alleges an act | 448 |
or failure to act that is a violation of section 3517.13 of the | 449 |
Revised Code, former divisions (A) to (R) of that section apply to | 450 |
the act or failure to act if it occurred before August 24, 1995, | 451 |
former divisions (A) to (U) of that section apply to the act or | 452 |
failure to act if it occurs on or after August 24, 1995, but | 453 |
before July 13, 1998, former divisions (A) to (V) of that section | 454 |
apply to the act or failure to act if it occurs on or after July | 455 |
13, 1998, but before December 22, 1999, former divisions (A) to | 456 |
(W) of that section apply to the act or failure to act if it | 457 |
occurs on or after December 22, 1999, but before March 31, 2005, | 458 |
former divisions (A) to (X) of that section apply to the act or | 459 |
failure to act if it occurs on or after March 31, 2005, | 460 |
before September 29, 2005, former divisions (A) to (Z) of that | 461 |
section apply to the act or failure to act if it occurs on or | 462 |
after | 463 |
before the effective date of this amendment, and divisions (A) to | 464 |
(AA) of that section apply to the act or failure to act if it | 465 |
occurs on or after the effective date of this amendment. | 466 |
(C) The Ohio elections commission created under section | 467 |
3517.14 of the Revised Code is abolished at the close of business | 468 |
on December 31, 1995. | 469 |
Sec. 3517.992. This section establishes penalties only with | 470 |
respect to acts or failures to act that occur on and after August | 471 |
24, 1995. | 472 |
(A)(1) A candidate whose campaign committee violates division | 473 |
(A), (B), (C), (D), or (V) of section 3517.13 of the Revised Code, | 474 |
or a treasurer of a campaign committee who violates any of those | 475 |
divisions, shall be fined not more than one hundred dollars for | 476 |
each day of violation. | 477 |
(2) Whoever violates division (E) or (X)(5) of section | 478 |
3517.13 or division (E)(1) of section 3517.1014 of the Revised | 479 |
Code shall be fined not more than one hundred dollars for each day | 480 |
of violation. | 481 |
(B) A political party that violates division (F)(1) of | 482 |
section 3517.101 of the Revised Code shall be fined not more than | 483 |
one hundred dollars for each day of violation. | 484 |
(C) Whoever violates division (F)(2) of section 3517.101, | 485 |
division (G) of section 3517.13, or division (E)(2) or (3) of | 486 |
section 3517.1014 of the Revised Code shall be fined not more than | 487 |
ten thousand dollars or, if the offender is a person who was | 488 |
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)(1) Whoever violates division (I) or (J) of section | 631 |
3517.13 of the Revised Code shall be fined not more than one | 632 |
thousand dollars. Whenever a person is found guilty of violating | 633 |
division (I) or (J) of section 3517.13 of the Revised Code, the | 634 |
contract awarded in violation of either of those divisions shall | 635 |
be rescinded if its terms have not yet been performed. | 636 |
(2) Whoever violates division (AA) of section 3517.13 of the | 637 |
Revised Code shall be fined not more than one thousand dollars. | 638 |
Whenever a person, private entity, or operator is found guilty of | 639 |
violating division (AA) of section 3517.13 of the Revised Code, | 640 |
the public-private agreement shall be terminated if its terms have | 641 |
not yet been performed. | 642 |
As used in division (R)(2) of this section, "operator," | 643 |
"private entity," and "public-private agreement" have the same | 644 |
meanings as in section 5501.70 of the Revised Code. | 645 |
(S) A candidate whose campaign committee violates or a | 646 |
treasurer of a campaign committee who violates section 3517.081 of | 647 |
the Revised Code, and a candidate whose campaign committee | 648 |
violates or a treasurer of a campaign committee or another person | 649 |
who violates division (C) of section 3517.10 of the Revised Code, | 650 |
shall be fined not more than five hundred dollars. | 651 |
(T) A candidate whose campaign committee violates or a | 652 |
treasurer of a committee who violates division (B) of section | 653 |
3517.09 of the Revised Code, or a candidate whose campaign | 654 |
committee violates or a treasurer of a campaign committee or | 655 |
another person who violates division (C) of section 3517.09 of the | 656 |
Revised Code shall be fined not more than one thousand dollars. | 657 |
(U) Whoever violates section 3517.20 of the Revised Code | 658 |
shall be fined not more than five hundred dollars. | 659 |
(V) Whoever violates section 3517.21 or 3517.22 of the | 660 |
Revised Code shall be imprisoned for not more than six months or | 661 |
fined not more than five thousand dollars, or both. | 662 |
(W) A campaign committee that is required to file a | 663 |
declaration of no limits under division (D)(2) of section 3517.103 | 664 |
of the Revised Code that, before filing that declaration, accepts | 665 |
a contribution or contributions that exceed the limitations | 666 |
prescribed in section 3517.102 of the Revised Code, shall return | 667 |
that contribution or those contributions to the contributor. | 668 |
(X) Any campaign committee that fails to file the declaration | 669 |
of filing-day finances required by division (F) of section | 670 |
3517.109 of the Revised Code or the declaration of primary-day | 671 |
finances or declaration of year-end finances required by division | 672 |
(E) of section 3517.1010 of the Revised Code shall be fined | 673 |
twenty-five dollars for each day of violation. | 674 |
(Y)(1) Any campaign committee that fails to dispose of excess | 675 |
funds or excess aggregate contributions under division (B) of | 676 |
section 3517.109 of the Revised Code in the manner required by | 677 |
division (C) of that section or under division (B) of section | 678 |
3517.1010 of the Revised Code in the manner required by division | 679 |
(C) of that section shall give to the treasurer of state for | 680 |
deposit into the Ohio elections commission fund created under | 681 |
division (I) of section 3517.152 of the Revised Code all funds not | 682 |
disposed of pursuant to those divisions. | 683 |
(2) Any treasurer of a transition fund that fails to dispose | 684 |
of assets remaining in the transition fund as required under | 685 |
division (H)(1) or (2) of section 3517.1014 of the Revised Code | 686 |
shall give to the treasurer of state for deposit into the Ohio | 687 |
elections commission fund all assets not disposed of pursuant to | 688 |
that division. | 689 |
(Z) Any individual, campaign committee, political action | 690 |
committee, political contributing entity, legislative campaign | 691 |
fund, political party, treasurer of a transition fund, or other | 692 |
entity that violates any provision of sections 3517.09 to 3517.12 | 693 |
of the Revised Code for which no penalty is provided for under any | 694 |
other division of this section shall be fined not more than one | 695 |
thousand dollars. | 696 |
(AA)(1) Whoever knowingly violates division (W)(1) of section | 697 |
3517.13 of the Revised Code shall be fined an amount equal to | 698 |
three times the amount contributed, expended, or promised in | 699 |
violation of that division or ten thousand dollars, whichever | 700 |
amount is greater. | 701 |
(2) Whoever knowingly violates division (W)(2) of section | 702 |
3517.13 of the Revised Code shall be fined an amount equal to | 703 |
three times the amount solicited or accepted in violation of that | 704 |
division or ten thousand dollars, whichever amount is greater. | 705 |
(BB) Whoever knowingly violates division (C) or (D) of | 706 |
section 3517.1011 of the Revised Code shall be fined not more than | 707 |
ten thousand dollars plus not more than one thousand dollars for | 708 |
each day of violation. | 709 |
(CC)(1) Subject to division (CC)(2) of this section, whoever | 710 |
violates division (H) of section 3517.1011 of the Revised Code | 711 |
shall be fined an amount up to three times the amount disbursed | 712 |
for the direct costs of airing the communication made in violation | 713 |
of that division. | 714 |
(2) Whoever has been ordered by the Ohio elections commission | 715 |
or by a court of competent jurisdiction to cease making | 716 |
communications in violation of division (H) of section 3517.1011 | 717 |
of the Revised Code who again violates that division shall be | 718 |
fined an amount equal to three times the amount disbursed for the | 719 |
direct costs of airing the communication made in violation of that | 720 |
division. | 721 |
(DD)(1) Any corporation or labor organization that violates | 722 |
division (X)(3)(a) of section 3517.13 of the Revised Code shall be | 723 |
fined an amount equal to three times the amount given in excess of | 724 |
the amount permitted by that division. | 725 |
(2) Any state or county political party that violates | 726 |
division (X)(3)(b) of section 3517.13 of the Revised Code shall be | 727 |
fined an amount equal to three times the amount accepted in excess | 728 |
of the amount permitted by that division. | 729 |
(EE)(1) Any campaign committee or person who violates | 730 |
division (C)(1)(b) or (c) of section 3517.1014 of the Revised Code | 731 |
shall be fined an amount equal to three times the amount donated | 732 |
in excess of the amount permitted by that division. | 733 |
(2) Any officeholder or treasurer of a transition fund who | 734 |
violates division (C)(3)(a) or (b) of section 3517.1014 of the | 735 |
Revised Code shall be fined an amount equal to three times the | 736 |
amount accepted in excess of the amount permitted by that | 737 |
division. | 738 |
Sec. 5501.70. As used in sections 5501.70 to 5501.83 of the | 739 |
Revised Code: | 740 |
(A) "Affected jurisdiction" means any unit of government | 741 |
within the state in which all or part of a transportation facility | 742 |
is located or any other public entity directly affected by the | 743 |
transportation facility. | 744 |
(B) "Force majeure" means an uncontrollable force or natural | 745 |
disaster not within the power of the operator or the state. | 746 |
(C) "Maintenance" includes routine maintenance, major | 747 |
maintenance, and any other categories of maintenance that may be | 748 |
designated by the department of transportation. | 749 |
(D) "Material default" means any failure of an operator to | 750 |
perform any duties under a public-private agreement that | 751 |
jeopardizes delivery of adequate service to the public and remains | 752 |
unsatisfied after a reasonable period of time and after the | 753 |
operator has received written notice from the department of the | 754 |
failure. | 755 |
(E) "Operate" means any action to maintain, repair, improve, | 756 |
equip, or modify a transportation facility. | 757 |
(F) "Operator" means a private entity that has entered into a | 758 |
public-private agreement under sections 5501.71 to 5501.83 of the | 759 |
Revised Code. | 760 |
(G) "Private entity" means any natural person, corporation, | 761 |
general partnership, limited liability company, limited | 762 |
partnership, joint venture, business trust, public benefit | 763 |
corporation, nonprofit entity, or other business entity. | 764 |
(H) "Public-private agreement" means the agreement between a | 765 |
private entity and the department that relates to the development, | 766 |
financing, maintenance, or operation of a transportation facility | 767 |
subject to sections 5501.70 to 5501.83 of the Revised Code. | 768 |
(I) "Public-private initiative" means an arrangement between | 769 |
the department and one or more private entities, the terms of | 770 |
which are stated in a public-private agreement, that provides for | 771 |
all of the following: | 772 |
(1) Acceptance of a private contribution, including a money | 773 |
payment, for a project or service for a transportation facility; | 774 |
(2) Sharing of resources and the means of providing a project | 775 |
or service for a transportation facility; | 776 |
(3) Cooperation in researching, developing, and implementing | 777 |
projects or services for a transportation facility. | 778 |
(J) "Transportation facility" has the same meaning as in | 779 |
section 5501.01 of the Revised Code and also includes a tunnel, | 780 |
ferry, seaport facility, intermodal facility, or similar facility | 781 |
open to the public and used for the transportation of persons or | 782 |
goods, and any building, structure, parking area, or other | 783 |
appurtenances or property needed to operate a transportation | 784 |
facility that is subject to a public-private agreement. | 785 |
(K) "User fee" means a rate, toll, fee, or other charge | 786 |
imposed by an operator for use of all or part of a transportation | 787 |
facility. | 788 |
(L) "Utility" means a privately, publicly, or cooperatively | 789 |
owned line, facility, or system for producing, transmitting, or | 790 |
distributing communications, cable television, power, electricity, | 791 |
light, heat, gas, oil, crude products, water, steam, waste, storm | 792 |
water not connected with highway drainage, alternative or | 793 |
renewable energy sources such as wind or solar, or any other | 794 |
similar commodity, including a fire or police signal system or | 795 |
street lighting system that directly or indirectly serves the | 796 |
public. | 797 |
Sec. 5501.71. (A) The department of transportation may | 798 |
solicit, receive, consider, evaluate, and accept a proposal for a | 799 |
public-private initiative. | 800 |
(B) In soliciting and selecting a private entity with which | 801 |
to enter into a public-private initiative, the department shall | 802 |
use any one or more of the following: | 803 |
(1) Sealed bidding; | 804 |
(2) Selection of proposals, with or without negotiations, | 805 |
based on qualifications, best value, or both; | 806 |
(3) Any competitive selection process that the department | 807 |
determines to be appropriate or reasonable. | 808 |
(C) The department shall consider the following factors in | 809 |
evaluating and selecting a bid or proposal to enter into a | 810 |
public-private initiative: | 811 |
(1) The ability of the transportation facility to improve | 812 |
safety, reduce congestion, increase capacity, and promote economic | 813 |
growth; | 814 |
(2) The extent that the private entity's proposal addresses | 815 |
the needs identified in the appropriate state, regional, or local | 816 |
transportation plan by improving safety, reducing congestion, | 817 |
increasing capacity, or enhancing economic efficiency and the | 818 |
private entity's proposal corresponds with the state, regional, or | 819 |
local transportation improvement plan; | 820 |
(3) The proposed cost of and financial plan for the | 821 |
transportation facility; | 822 |
(4) The general reputation, qualifications, industry | 823 |
experience, and financial capacity of the private entity; | 824 |
(5) The proposed design, operation, and feasibility of the | 825 |
transportation facility; | 826 |
(6) Comments from local citizens and affected jurisdictions; | 827 |
(7) Benefits to the public and the affected transportation | 828 |
facility; | 829 |
(8) The safety record of the private entity; | 830 |
(9) Any other criteria that the department considers | 831 |
appropriate. | 832 |
(D) The department may select multiple private entities with | 833 |
which to enter a public-private agreement for a transportation | 834 |
facility if it is in the public interest to do so. | 835 |
(E) The department shall select a private entity or entities | 836 |
for a public-private initiative on a competitive basis to the | 837 |
maximum extent practicable. | 838 |
(F) Any materials or data submitted to, made available to, or | 839 |
received by the director of transportation, to the extent that the | 840 |
material or data consist of trade secrets, as defined in section | 841 |
1333.61 of the Revised Code, or commercial or financial | 842 |
information, are confidential and are not public records for the | 843 |
purposes of section 149.43 of the Revised Code. Prior to | 844 |
submission of a solicited proposal, a private entity may request a | 845 |
review by the department of information that the private entity | 846 |
has identified as confidential, to determine whether such | 847 |
information would be subject to disclosure under section 149.43 of | 848 |
the Revised Code. | 849 |
(G) Sections 5501.70 to 5501.83 of the Revised Code control | 850 |
in any conflict with any state or local statute, rule, regulation, | 851 |
or ordinance relating to solicited proposals. | 852 |
Sec. 5501.72. (A) The department of transportation may | 853 |
receive, consider, evaluate, and accept an unsolicited proposal | 854 |
for a public-private initiative if the proposal meets all of the | 855 |
following: | 856 |
(1) Addresses the needs identified in the appropriate state, | 857 |
regional, or local transportation plan by improving safety, | 858 |
reducing congestion, increasing capacity, or enhancing economic | 859 |
efficiency and the proposal corresponds with the state, regional, | 860 |
or local transportation improvement plan; | 861 |
(2) Is independently originated and developed by the | 862 |
proposer; | 863 |
(3) Benefits the public; | 864 |
(4) Is prepared without department supervision; | 865 |
(5) Includes sufficient detail and information for the | 866 |
department to evaluate the proposal in an objective and timely | 867 |
manner; | 868 |
(6) Is made by a private entity that is not prohibited from | 869 |
making an unsolicited proposal under division (AA)(1) of section | 870 |
3517.13 of the Revised Code. | 871 |
(B) Within ninety days after receiving an unsolicited | 872 |
proposal, the department shall undertake a preliminary evaluation | 873 |
of the unsolicited proposal to determine if the proposal complies | 874 |
with the requirements of division (A) of this section. | 875 |
(C) Any materials or data submitted to, made available to, or | 876 |
received by the director of transportation under this section, to | 877 |
the extent that the material or data consist of trade secrets, as | 878 |
defined in section 1333.61 of the Revised Code, or commercial or | 879 |
financial information, are confidential and are not public records | 880 |
for the purposes of section 149.43 of the Revised Code, regardless | 881 |
of whether the department accepts or rejects the proposal. Prior | 882 |
to submission of an unsolicited proposal or a competing proposal, | 883 |
a private entity may request a review by the department of | 884 |
information that the private entity has identified as confidential | 885 |
to determine whether such information would be subject to | 886 |
disclosure under section 149.43 of the Revised Code. | 887 |
(D) If the unsolicited proposal does not comply with division | 888 |
(A) of this section, the department shall return the proposal | 889 |
without further action. | 890 |
(E) If the unsolicited proposal complies with division (A) of | 891 |
this section, the department may continue to evaluate the proposal | 892 |
in accordance with this section. | 893 |
(F)(1) If the unsolicited proposal complies with division (A) | 894 |
of this section, the department shall advertise the unsolicited | 895 |
proposal for the purpose of receiving competitive proposals for | 896 |
the proposed transportation facility. | 897 |
(2) The advertisement shall outline the general nature and | 898 |
scope of the unsolicited proposal, including the location of the | 899 |
transportation facility and the work to be performed on or in | 900 |
connection with the transportation facility and shall specify an | 901 |
address to which a competing proposal may be submitted. | 902 |
(3) The advertisement shall specify a reasonable time period | 903 |
by which competitors must submit a competing proposal to the | 904 |
department. | 905 |
(G) The department shall charge a reasonable fee to cover its | 906 |
costs to process, review, and evaluate an unsolicited proposal and | 907 |
any competing proposals. | 908 |
(H) Upon receipt of any competing proposals, the department | 909 |
shall do all of the following: | 910 |
(1) Determine if any competing proposal is comparable in | 911 |
nature and scope to the original unsolicited proposal; | 912 |
(2) Evaluate the original unsolicited proposal and any | 913 |
comparable competing proposal; | 914 |
(3) Conduct any good faith discussions and, if necessary, any | 915 |
negotiations concerning each qualified proposal. | 916 |
(I) The department shall evaluate an unsolicited proposal and | 917 |
any comparable competing proposal using the following factors: | 918 |
(1) Novel methods, approaches, or concepts demonstrated by | 919 |
the proposal; | 920 |
(2) Scientific, technical, or socioeconomic merits of the | 921 |
proposal; | 922 |
(3) Potential contribution of the proposal to the | 923 |
department's mission; | 924 |
(4) Capabilities, related experience, facilities, or | 925 |
techniques of the private entity or unique combinations of these | 926 |
qualities that are integral factors for achieving the proposal | 927 |
objectives; | 928 |
(5) Qualifications, capabilities, and experience of the | 929 |
proposed principal investigator, team leader, or key personnel, | 930 |
who are critical to achieving the proposal objectives; | 931 |
(6) How the proposal benefits the public; | 932 |
(7) Any other factors appropriate to a particular proposal. | 933 |
(J) After evaluating the unsolicited proposal and any | 934 |
competing proposals, the department may do any of the following: | 935 |
(1) Accept the unsolicited proposal and reject any competing | 936 |
proposals; | 937 |
(2) Reject the unsolicited proposal and accept a comparable | 938 |
competing proposal if the department determines that the | 939 |
comparable competing proposal is the most advantageous to the | 940 |
state; | 941 |
(3) Accept both an unsolicited proposal and a competing | 942 |
proposal if accepting both proposals is advantageous to the state; | 943 |
(4) Reject the unsolicited proposal and any competing | 944 |
proposals. | 945 |
(K) Sections 5501.70 to 5501.83 of the Revised Code control | 946 |
in any conflict with any state or local statute, rule, regulation, | 947 |
or ordinance relating to unsolicited proposals. | 948 |
Sec. 5501.73. (A) After selecting a solicited or unsolicited | 949 |
proposal for a public-private initiative, the department of | 950 |
transportation, with the prior approval of the controlling board, | 951 |
shall enter into a public-private agreement for a transportation | 952 |
facility with the selected private entity or any configuration of | 953 |
private entities. An affected jurisdiction may be a party to a | 954 |
public-private agreement entered into by the department and a | 955 |
selected private entity or combination of private entities. | 956 |
(B) A public-private agreement under this section shall | 957 |
provide for all of the following: | 958 |
(1) Planning, acquisition, financing, development, design, | 959 |
construction, reconstruction, replacement, improvement, | 960 |
maintenance, management, repair, leasing, or operation of a | 961 |
transportation facility; | 962 |
(2) Term of the public-private agreement, subject to division | 963 |
(D) of this section; | 964 |
(3) Type of property interest, if any, the private entity | 965 |
will have in the transportation facility; | 966 |
(4) Description of the actions the department may take to | 967 |
ensure proper maintenance of the transportation facility; | 968 |
(5) Whether user fees will be collected on the transportation | 969 |
facility and the basis by which such user fees shall be determined | 970 |
and modified; | 971 |
(6) Compliance with applicable federal, state, and local | 972 |
laws; | 973 |
(7) Grounds for termination of the public-private agreement | 974 |
by the department or operator; | 975 |
(8) Procedures for amendment of the agreement. | 976 |
(C) A public-private agreement under this section may provide | 977 |
for any of the following: | 978 |
(1) Review and approval by the department of the operator's | 979 |
plans for the development and operation of the transportation | 980 |
facility; | 981 |
(2) Inspection by the department of construction of or | 982 |
improvements to the transportation facility; | 983 |
(3) Maintenance by the operator of a policy of liability | 984 |
insurance or self-insurance; | 985 |
(4) Filing by the operator, on a periodic basis, of | 986 |
appropriate financial statements in a form acceptable to the | 987 |
department; | 988 |
(5) Filing by the operator, on a periodic basis, of traffic | 989 |
reports in a form acceptable to the department; | 990 |
(6) Financing obligations of the operator and the department; | 991 |
(7) Apportionment of expenses between the operator and the | 992 |
department; | 993 |
(8) Rights and duties of the operator, the department, and | 994 |
other state and local governmental entities with respect to use of | 995 |
the transportation facility; | 996 |
(9) Rights and remedies available in the event of default or | 997 |
delay; | 998 |
(10) Terms and conditions of indemnification of the operator | 999 |
by the department; | 1000 |
(11) Assignment, subcontracting, or other delegation of | 1001 |
responsibilities of the operator or the department under the | 1002 |
agreement to third parties, including other private entities and | 1003 |
other state agencies; | 1004 |
(12) Sale or lease to the operator of private property | 1005 |
related to the transportation facility; | 1006 |
(13) Traffic enforcement and other policing issues, including | 1007 |
any reimbursement by the private entity for such services. | 1008 |
(D) Any public-private agreement entered into under this | 1009 |
section may be for a period not to exceed the then current | 1010 |
two-year period for which appropriations have been made by the | 1011 |
general assembly to the department; provided, that any agreement | 1012 |
may be renewed for succeeding two-year periods when the general | 1013 |
assembly enacts sufficient appropriations to the department for | 1014 |
each successive biennium. Any such agreement may include, without | 1015 |
limitation, any agreement by the department with respect to any | 1016 |
costs of transportation facilities to be included prior to | 1017 |
acquisition and construction of such transportation facilities. | 1018 |
Any such agreement shall not constitute a debt or pledge of the | 1019 |
faith and credit of the state, or of any political subdivision of | 1020 |
the state, and the operator shall have no right to have taxes or | 1021 |
excises levied by the general assembly, or the taxing authority of | 1022 |
any political subdivision of the state, for payments under the | 1023 |
agreement. Any such agreement shall contain a statement to that | 1024 |
effect. | 1025 |
Sec. 5501.74. In the event of termination of the | 1026 |
public-private agreement, the authority and duties of the operator | 1027 |
cease, except for any duties and obligations that extend beyond | 1028 |
the termination as provided in the public-private agreement, and | 1029 |
the transportation facility reverts to the department of | 1030 |
transportation and shall be dedicated to the department for public | 1031 |
use. | 1032 |
Sec. 5501.75. (A) Upon the occurrence and during the | 1033 |
continuation of material default by an operator, not related to an | 1034 |
event of force majeure, the department of transportation may do | 1035 |
the following: | 1036 |
(1) Elect to take over the transportation facility, including | 1037 |
the succession of all right, title, and interest in the | 1038 |
transportation facility, subject to any liens on revenues | 1039 |
previously granted by the private entity; | 1040 |
(2) Terminate the public-private agreement and exercise any | 1041 |
other available rights and remedies. | 1042 |
(B) In the event that the department elects to take over a | 1043 |
transportation facility, the department shall collect and pay any | 1044 |
revenues that are subject to lien to satisfy any obligation and | 1045 |
may do the following: | 1046 |
(1) Develop and operate the transportation facility, impose | 1047 |
user fees for the use of the transportation facility, and comply | 1048 |
with any service contracts; | 1049 |
(2) Solicit proposals for the maintenance and operation of | 1050 |
the transportation facility under section 5501.71 of the Revised | 1051 |
Code. | 1052 |
Sec. 5501.76. Obligations may be issued under section 5531.10 | 1053 |
of the Revised Code for the purpose of providing funds to carry | 1054 |
out sections 5501.70 to 5501.83 of the Revised Code with respect | 1055 |
to the development or financing of a transportation facility. | 1056 |
Sec. 5501.77. (A) For the purposes of carrying out sections | 1057 |
5501.70 to 5501.83 of the Revised Code, the department of | 1058 |
transportation may do all of the following: | 1059 |
(1) Accept, subject to applicable terms and conditions, | 1060 |
available funds from the United States or any of its agencies, | 1061 |
whether the funds are made available by grant, loan, or other | 1062 |
financial assistance; | 1063 |
(2) Enter into agreements or other arrangements with the | 1064 |
United States or any of its agencies as may be necessary; | 1065 |
(3) Accept from any source any grant, donation, gift, or | 1066 |
other form of conveyance of land, money, other real or personal | 1067 |
property, or other item of value made to the state or the | 1068 |
department. | 1069 |
(B) Any transportation facility may be financed in whole or | 1070 |
in part by contribution of any funds or property made by any | 1071 |
private entity or affected jurisdiction that is party to a | 1072 |
public-private agreement under sections 5501.70 to 5501.83 of the | 1073 |
Revised Code. | 1074 |
(C) The department may combine federal, state, local, and | 1075 |
private funds to finance a transportation facility under sections | 1076 |
5501.70 to 5501.83 of the Revised Code. | 1077 |
Sec. 5501.78. A transportation facility and any tangible | 1078 |
personal property used exclusively with a transportation facility | 1079 |
that is owned by the department of transportation and leased, | 1080 |
licensed, financed, or otherwise conveyed to an operator, or that | 1081 |
is acquired, constructed, or otherwise provided by an operator on | 1082 |
behalf of the department, is exempt from all ad valorem property | 1083 |
taxes and special assessments levied against property by the state | 1084 |
or any political subdivision of the state. | 1085 |
Sec. 5501.79. The department of transportation may acquire | 1086 |
property, rights-of-way, or other rights in property for | 1087 |
transportation projects that are part of a public-private | 1088 |
initiative in accordance with Chapter 163. of the Revised Code. | 1089 |
If, at the request of a private entity, the department proposes to | 1090 |
acquire property, rights-of-way, or other rights in property in | 1091 |
accordance with Chapter 163. of the Revised Code, the director of | 1092 |
transportation first shall make a finding that the acquisition | 1093 |
serves the public purposes of sections 5501.70 to 5501.83 of the | 1094 |
Revised Code and also shall require the private party to pay the | 1095 |
costs of the acquisition. | 1096 |
Sec. 5501.80. All law enforcement officers of the state and | 1097 |
of an affected local jurisdiction shall have the same powers and | 1098 |
jurisdiction within the limits of the transportation facility as | 1099 |
they have in their respective areas of jurisdiction and access to | 1100 |
the transportation facility at any time for the purpose of | 1101 |
exercising such powers and jurisdiction. | 1102 |
Sec. 5501.81. An operator under sections 5501.70 to 5501.83 | 1103 |
of the Revised Code and any utility whose facility is to be | 1104 |
crossed or relocated shall cooperate fully in planning and | 1105 |
arranging the manner of the crossing or relocation of the utility | 1106 |
facility. | 1107 |
Sec. 5501.82. Nothing in sections 5501.70 to 5501.83 of the | 1108 |
Revised Code shall be construed or deemed to limit any waiver of | 1109 |
the sovereign immunity of the state or any officer or employee of | 1110 |
the state with respect to the participation in or approval of all | 1111 |
or any part of the transportation facility or its operation. | 1112 |
Sec. 5501.83. The department of transportation may adopt | 1113 |
rules under Chapter 119. of the Revised Code to carry out sections | 1114 |
5501.70 to 5501.83 of the Revised Code. | 1115 |
Section 2. That existing sections 3517.13, 3517.151, and | 1116 |
3517.992 of the Revised code are hereby repealed. | 1117 |