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(125th General Assembly)
(Substitute House Bill Number 204)
AN ACT
To amend sections 1.59, 9.08, 9.314, 9.48, 101.691, 113.40, 125.04, 125.072, 149.38,
149.432, 307.12, 341.42, 505.10, 718.07, 721.15, 753.32, 955.013,
1306.16, 2307.64, 3517.10, 3517.106, 3517.11, 5145.31, and
5703.49 and to enact sections
117.111, 304.01, 304.02, 304.03, and 304.04
of the
Revised Code to provide for the use of
electronic
records and signatures by county offices
if
specified security procedures are adopted, to
require the Auditor of State to audit electronic
record security procedures adopted by county
offices, to create a single definition of the
"internet" to be used throughout the Revised Code, to allow a county or township to participate in contract offerings from the federal government, to modify the law governing payment of state expenses by a financial transaction device, to provide notice to county historical societies and other local entities that county records are being sent to the Ohio Historical Society for potential distribution, to create the Ohio Privacy/Public Access Study Committee, and to amend Section 3.18 of Am. Sub. H.B. 95 of the 125th General Assembly, as subsequently amended, and Section 4 of Am. Sub. H.B. 168 of the 125th General Assembly to delay until July 1, 2005, the effective date of certain sales and use tax sourcing laws that were intended to take effect January 1, 2005, and to authorize vendors to commence destination-based sourcing prior to that effective date.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 1.59, 9.08, 9.314, 9.48, 101.691, 113.40, 125.04, 125.072, 149.38,
149.432, 307.12, 341.42, 505.10, 718.07, 721.15, 753.32, 955.013, 1306.16,
2307.64, 3517.10, 3517.106, 3517.11, 5145.31, and 5703.49 be amended and
section
117.111, 304.01, 304.02, 304.03, and 304.04
of the Revised Code be
enacted to read as follows:
Sec. 1.59. As used in any statute, unless another
definition
is provided in
such
that statute or a related statute: (A) "Child" includes child by adoption. (B) "Oath" includes affirmation, and "swear" includes
affirm. (C) "Person" includes an individual, corporation, business
trust, estate, trust, partnership, and association. (D) "Population" means that shown by the most recent
regular
federal census. (E) "Property" means real and personal property. (F) "Rule" includes regulation. (G) "State," when applied to a part of the United States,
includes any state, district, commonwealth, territory, insular
possession thereof, and any area subject to the legislative
authority of the United States of America. "This state" or "the
state" means the state of Ohio. (H) "United States" includes all the states. (I) "Will" includes codicil. (J) "Written" or "in writing" includes any representation
of
words, letters, symbols, or figures; this provision does not
affect any law relating to signatures.
(K) "Internet" means the international computer network of
both federal and nonfederal interoperable packet switched data
networks, including the graphical subnetwork known as the world
wide web.
Sec. 9.08. (A) As used in this section: (1) "Computer," "computer network," "computer system,"
"computer
services," "telecommunications service," and
"information service" have the
same meanings as in section 2913.01
of the Revised Code. (2) "Contractor" means either of the following: (a) A person who enters into a contract under section 9.06
of the Revised
Code. (b) A person who enters into a contract under section 9.07
of the Revised
Code
to operate and manage a correctional facility
in this state for out-of-state
prisoners. (3) "Private correctional facility" means a correctional
facility that is
operated by a contractor under a contract
pursuant to section 9.06 or 9.07
of the Revised Code. (4) "Internet" has the same meaning as in section 341.42 of
the Revised Code.
(B) No officer or employee of a contractor who is operating
and
managing a private correctional facility shall provide a
prisoner in the
private correctional facility access to or permit
a prisoner in the private
correctional facility to have access to
the internet through the use of a
computer, computer network,
computer system, computer services,
telecommunications service, or
information service unless both of the
following apply: (1) The prisoner is participating in an approved educational
program with direct supervision that requires the use of the
internet for training or research purposes. (2) The provision of and access to the internet is in
accordance
with rules promulgated by the department of
rehabilitation and
correction pursuant to section 5120.62 of the
Revised Code. (C)(1) No prisoner in a private correctional facility shall
access the internet through the use of a computer, computer
network,
computer system, computer services, telecommunications
service, or information service unless both of the following
apply: (a) The prisoner is participating in an approved educational
program with direct supervision that requires the use of the
internet for
training or research
purposes. (b) The provision of and access to the internet is in
accordance
with rules promulgated by the department of
rehabilitation and correction
pursuant to section
5120.62 of the
Revised Code. (2) Whoever violates division (C)(1) of this section is
guilty of
improper internet access, a misdemeanor of the first
degree.
Sec. 9.314. (A) As used in this section: (1) "Contracting authority" has the same meaning as in
section 307.92
of the Revised Code. (2)
"Internet" means the international computer network of
both
federal and nonfederal interoperable packet switched data
networks,
including the graphical subnetwork called the world wide
web. (3) "Political subdivision" means a municipal corporation,
township, county, school district, or other body corporate and
politic responsible for governmental activities only in geographic
areas
smaller than that of the state and also includes a
contracting authority.
(4)(3) "Reverse auction" means a purchasing process in which
offerors
submit proposals in competing to sell services or
supplies in an open
environment via the
internet.
(5)(4) "Services" means the furnishing of labor, time, or
effort by a person,
not involving the delivery of a specific end
product other than a report
which, if provided, is merely
incidental to the required performance.
"Services" does not
include services furnished pursuant to employment
agreements or
collective bargaining agreements.
(6)(5) "Supplies" means all property, including, but not
limited to,
equipment, materials, other tangible assets, and
insurance, but
excluding real property or interests in real
property.
(B) Whenever any political subdivision that is
required by
law to purchase services or supplies by competitive sealed bidding
or competitive sealed proposals determines that the use of
a
reverse auction is
advantageous to the political subdivision, the
political subdivision, in accordance with this
section and rules
the political subdivision shall
adopt, may purchase services or
supplies by reverse auction. (C) A political subdivision shall solicit proposals
through
a request for proposals. The request for proposals shall state
the
relative
importance of price and other evaluation factors.
The political subdivision shall give notice of the
request for
proposals in accordance with the rules it adopts. (D) As provided in the request for proposals and in the
rules a
political subdivision adopts, and to ensure full
understanding of
and responsiveness to solicitation
requirements,
the political subdivision may conduct
discussions with responsible
offerors who submit proposals determined to
be reasonably
susceptible of being selected for award. The
political
subdivision shall accord offerors fair and
equal treatment with
respect to any opportunity for discussion
regarding any
clarification, correction, or revision of their proposals. (E) A political subdivision may award a contract
to the
offeror whose proposal the political subdivision determines
to be
the most advantageous to the political subdivision,
taking into
consideration factors such as price and the evaluation criteria
set forth in the request for proposals. The contract file shall
contain the basis on which the award is made.
(F) The rules that a political subdivision adopts under this
section may require the provision of a performance bond, or
another similar form of financial security, in the amount and in
the form specified in the rules.
Sec. 9.48. (A) A county or township may do either any of the following: (A)(1) Permit one or more other
counties or townships to participate in contracts into which it
has entered for the acquisition of equipment, materials,
supplies, or services, and may charge such participating
counties or townships a reasonable fee to cover any additional costs
incurred as a result of their participation;
(B)(2) Participate in a joint purchasing program operated by or
through
a
national or state association of political subdivisions in which the
purchasing county or township is eligible for membership.
(3) Participate in contract offerings from the federal government that are available to a county or township including, but not limited to, contract offerings from the general services administration. (B) Acquisition by a
county or township of equipment, material, supplies, or
services, through participation in a contract of another
county or township or participation in an association program under division (A)(1) or (2) of this
section, is exempt from any
competitive selection requirements otherwise required by law, if
the contract in which it is participating was awarded pursuant
to a publicly solicited request for a proposal or a competitive selection procedure, and, in the case of participation in a
joint purchasing program operated by or through a national or state
association of political subdivisions, if the program has employed a
competitive selection procedure substantially similar to the procedure that
would have been required of the purchasing county or township acting alone of another political subdivision within this state or in another state. Acquisition by a county or township of equipment, materials, supplies, or services pursuant to division (A)(3) of this section is exempt from any competitive selection requirements otherwise required by law.
No county or township shall acquire equipment, materials, supplies, or
services by participating in a contract under this section if it has
received bids for such acquisition, unless its participation
enables it to make the acquisition upon the same terms,
conditions, and specifications at a lower price. (C) A county or township that is eligible to participate in a joint purchasing program operated by or through a national or state association of political subdivisions in which the purchasing county or township is eligible for membership may purchase supplies or services
from another party, including another political subdivision, instead of
through participation in contracts
authorized by division (A)(2) of
this section if the county or township can purchase those
supplies or services from the other party upon equivalent terms,
conditions, and specifications but at a lower price than it can
through those contracts. Purchases that a county or township
makes under this division are exempt from any competitive
selection procedures otherwise required by law. A county or township that makes any purchase under this division shall
maintain sufficient information regarding the
purchase to verify that the
county or township satisfied the conditions for making a
purchase under this division. Nothing in this division restricts any action
taken by a county or township
as authorized by division (A)(1) of this section.
Sec. 101.691. (A) Either house of the
general assembly or
any
legislative agency may
dispose of any
excess or surplus
supplies
that it possesses by
sale, lease,
donation, or other
transfer,
including, but not
limited to, sale
by public auction
over the
internet, as defined
in section 341.42
of the Revised
Code.
Nothing in this division
prohibits either house of the
general
assembly or a legislative agency from having the
director
of
administrative services dispose of excess or surplus
supplies
of
that house under sections 125.12 to 125.14 of the
Revised Code. (B) Any proceeds from sales, leases, or other transfers
made
under division (A) of this section shall be deposited in the
house
of representatives reimbursement
special revenue fund, the
senate
reimbursement
special revenue fund, or a legislative agency
special revenue fund identified by the director of the agency, as
appropriate.
Sec. 113.40. (A) As used in this
section: (1) "Financial transaction device" includes a credit
card, debit card, charge card, or prepaid or stored value
card, or automated clearinghouse network credit, debit, or e-check entry that includes, but is not limited to, accounts receivable and internet-initiated, point of purchase, and telephone-initiated applications. (2) "State expenses" includes fees, costs, taxes,
assessments, fines, penalties, payments, or any other expense a
person owes to a state office under the authority of a state
elected official or to a state entity. (3) "State elected official" means the governor,
lieutenant governor, attorney general, secretary of state,
treasurer of state, and auditor of state. (4) "State entity" includes any state department, agency,
board, or commission that deposits funds into the state
treasury. (B) Notwithstanding any
other section of the Revised
Code and subject to division
(D) of this section, the board
of deposit may adopt a resolution authorizing the acceptance of
payments by financial transaction device to pay for state
expenses. The resolution shall include all of the
following: (1) A designation of those state elected officials and
state entities authorized to accept payments by financial
transaction device; (2) A list of state expenses that may be paid by the use
of a financial transaction device; (3) Specific identification of financial transaction
devices that a state elected official or state entity may
authorize as acceptable means of payment for state expenses.
Division (B)(3) of this section
does not require that the same financial transaction devices be
accepted for the payment of different types of state
expenses. (4) The amount, if any, authorized as a surcharge or
convenience fee under division
(E) of this section for persons
using a financial transaction device. Division
(B)(4) of this section does not
require that the same surcharges or convenience fees be applied
to the payment of different types of state expenses. (5) A specific requirement, as provided in division
(G) of this section, for the
payment of a penalty if a payment made by means of a financial
transaction device is returned or dishonored for any
reason. The board of deposit's resolution also shall designate the
treasurer of state as the administrative agent to solicit
proposals, within guidelines established by the board of deposit
in the resolution and in compliance with the procedures provided
in division (C) of this
section, from financial institutions, issuers of financial
transaction devices, and processors of financial transaction
devices; to make recommendations about those proposals to the
state elected officials; and to assist state offices in
implementing the state's financial transaction device acceptance and processing
program. (C) The administrative
agent shall follow the procedures provided in this division
whenever it plans to contract with financial institutions,
issuers of financial transaction devices, or processors of
financial transaction devices for the purposes of this section.
The administrative agent shall request proposals from at least
three financial institutions, issuers of financial transaction
devices, or processors of financial transaction devices, as
appropriate in accordance with the resolution adopted under
division (B) of this section.
Prior to sending any financial institution, issuer, or processor
a copy of any such request, the administrative agent shall
advertise its intent to request proposals in a newspaper of
general circulation in the state once a week for two consecutive
weeks. The notice shall state that the administrative agent
intends to request proposals; specify the purpose of the
request; indicate the date, which shall be at least ten days
after the second publication, on which the request for proposals
will be mailed to financial institutions, issuers, or
processors; and require that any financial institution, issuer,
or processor, whichever is appropriate, interested in receiving
the request for proposals submit written notice of this interest
to the administrative agent not later than noon of the day on
which the request for proposals will be mailed. Upon receiving the proposals, the administrative agent
shall review them and make a recommendation to the board of
deposit regarding which proposals to accept. The board of
deposit shall consider the agent's recommendation and review all
proposals submitted, and then may choose to contract with any or
all of the entities submitting proposals, as appropriate. The
board of deposit shall provide any financial institution,
issuer, or processor that submitted a proposal, but with which
the board does not enter into a contract, notice that its
proposal is rejected. (D) The board of deposit
shall send a copy of the resolution adopted under division
(B) of this section to each
state elected official and state entity authorized to accept
payments for state expenses by financial transaction device.
After receiving the resolution and before accepting such
payments by financial transaction device, such a state elected
official or state entity shall provide written notification to
the administrative agent of the official's or entity's intent to
implement the resolution within the official's or entity's
office. Each state office or entity subject to the board's
resolution adopted under division
(B) of this section shall use
only the financial institutions, issuers of financial
transaction devices, and processors of financial transaction
devices with which the board of deposit contracts, and each such
office or entity is subject to the terms of those
contracts. If a state entity under the authority of a state elected
official is directly responsible for collecting one or more
state
expenses and the state elected official determines not to
accept payments by financial transaction device for one or more
of those expenses, the office is not required to accept payments
by financial transaction device for those expenses,
notwithstanding the adoption of a resolution by the board of
deposit under division (B) of this section. Any state entity that prior to the effective date of
this section March 18, 1999, accepted financial
transaction devices may continue
to accept such devices until
June 30, 2000, without being subject to any resolution adopted by the
board of deposit under division
(B) of this section, or any other oversight by the board of the
entity's financial transaction device program. Any such entity
may use surcharges or convenience fees in any manner the state
elected official or other official in charge of the entity
determines to be appropriate, and, if the administrative agent
consents, may appoint the administrative agent to be the
entity's administrative agent for purposes of accepting
financial transaction devices. In order to be exempt from the
resolution of the board of deposit under division
(B) of this section, a state entity shall notify the board in
writing within thirty days after the effective date of this
section March 18, 1999, that it accepted
financial transaction devices prior to
the effective date of this section March 18,
1999. Each such notification
shall explain how processing costs associated with financial
transaction devices are being paid and shall indicate whether
surcharge or convenience fees are being passed on to
consumers. (E) The board of deposit may establish a surcharge or convenience
fee that may be imposed upon a person making payment by a
financial transaction device. The surcharge or convenience fee
shall not be imposed unless authorized or otherwise permitted by
the rules prescribed under a contract, between the financial
institution, issuer, or processor and the administrative agent,
governing the use and acceptance of the financial transaction
device. The establishment of a surcharge or convenience fee shall follow the guidelines of the financial institution, issuer of financial transaction devices, or processor of financial transaction devices with which the board of deposit contracts. If a surcharge or convenience fee is imposed, every
state entity accepting payment by a financial transaction
device, regardless of whether that entity is subject to a
resolution adopted by the board of deposit, shall clearly post a
notice in the entity's office, and shall notify each person
making a payment by such a device, about the surcharge or fee.
Notice to each person making a payment shall be provided
regardless of the medium used to make the payment and in a
manner appropriate to that medium. Each notice shall include
all of the following: (1) A statement that there is a surcharge or
convenience fee for using a financial transaction device; (2) The total amount of the charge or fee expressed in
dollars and cents for each transaction, or the rate of the
charge or fee expressed as a percentage of the total amount of
the transaction, whichever is applicable; (3) A clear statement that the surcharge or
convenience fee is nonrefundable. (F) If a person elects to make a payment by a financial
transaction
device and a surcharge or convenience fee is imposed, the
payment of the surcharge or convenience fee is not
refundable. (G) If a person makes payment by a financial transaction device
and the payment is returned or dishonored for any reason, the person
is liable to the state for the state expense and any
reimbursable costs for collection, including banking charges,
legal fees, or other expenses incurred by the state in
collecting the returned or dishonored payment. The remedies and
procedures provided in this section are in addition to any other
available civil or criminal remedies provided by law. (H) No person making any payment by a financial transaction
device
to a state office shall be relieved from liability for the
underlying obligation, except to the extent that the state
realizes final payment of the underlying obligation in cash or
its equivalent. If final payment is not made by the financial
transaction device issuer or other guarantor of payment in the
transaction, the underlying obligation survives and the state
shall retain all remedies for enforcement that would have
applied if the transaction had not occurred. (I) A state entity or employee who accepts a financial
transaction
device payment in accordance with this section and any
applicable state or local policies or rules is immune from
personal liability for the final collection of such payments as
specified in section 9.87 of the Revised Code. (J) The administrative agent, in cooperation with the office of
budget and management, may adopt, amend, and rescind rules in
accordance with section 111.15 of the Revised Code to implement this section.
Sec. 117.111. (A) If a county office uses electronic records
and electronic signatures under Chapter 1306. of the Revised Code,
the auditor of state, in conducting an audit of that office under
division (A) or (B) of section 117.11 of the Revised Code, shall
inquire into the method, accuracy, and effectiveness of any
security procedure adopted by that office under section 304.02 of
the Revised Code.
(B) As used in this section, "county office," "electronic,"
"electronic
record," and "electronic signature" have the same
meanings as in
section 304.01 of the Revised Code.
Sec. 125.04. (A) Except as provided in division (D) of
this section, the department of administrative services shall
determine what supplies and services are purchased by or for
state agencies. Whenever the department of administrative
services makes any change or addition to the lists of supplies
and services that it determines to purchase for state agencies,
it shall provide a list to the agencies of the changes or
additions and indicate when the department will be prepared to
furnish each item listed. Except for the requirements of
division (B) of section 125.11 of the Revised Code, sections
125.04 to 125.08 and 125.09 to 125.15 of the Revised Code do not
apply to or affect the educational institutions of the state. The department
shall not include the bureau of workers'
compensation in the lists of supplies, equipment, and services
purchased and furnished by the department. Nothing in this division precludes the bureau from entering
into a contract with the department for the department to perform
services relative to supplies, equipment, and services contained
in this division for the bureau. (B)(1) As used in this division: (a) "Emergency medical service organization" has the same meaning
as in section 4765.01 of the Revised Code. (b) "Political subdivision"
means any county, township, municipal corporation, school
district, conservancy district, township park district, park
district created under Chapter 1545. of the Revised Code,
regional transit authority, regional airport authority, regional water and
sewer district, or port authority. "Political subdivision" also includes any
other political subdivision described in the Revised Code that has been
approved by the department to participate in the department's contracts under
this division. (c) "Private fire company" has the same meaning as in section
9.60 of the Revised Code. (2) Subject to division (C) of this section, the
department of administrative services may permit a
political
subdivision, private fire company, or private, nonprofit
emergency medical service organization
to participate in contracts into which the
department has entered for the purchase of supplies and services.
The department may charge the entity a reasonable fee to cover the
administrative costs the department incurs as a result of participation by the
entity in such a purchase contract. A political subdivision
desiring to participate in such purchase contracts shall file
with the department a certified copy of an ordinance or
resolution of the legislative authority or governing board of the
political subdivision. The resolution or ordinance shall request
that the political subdivision be authorized to participate in
such contracts and shall agree that the political subdivision
will be bound by such terms and conditions as the department
prescribes and that it will directly pay the vendor under each
purchase contract.
A private fire company or private, nonprofit emergency medical
service organization desiring to participate in such purchase contracts shall
file with the department a written request for inclusion in the program signed
by the chief officer of the company or organization. The request shall
include an agreement to be bound by such terms and conditions as the
department prescribes and to make direct payments to the vendor under each
purchase contract. The department shall include in its annual report an
estimate of the cost it incurs by permitting political
subdivisions, private fire companies, and private, nonprofit
emergency medical service organizations
to participate in contracts pursuant to this
division. The department may require such entities
to file a
report with the department, as often as it finds necessary,
stating how many such contracts the entities participated in within a
specified period of
time, and any other
information the department requires. (3) Purchases made by a political subdivision under this division
are exempt from any competitive selection procedures otherwise required by
law. No political subdivision shall make any purchase under this division
when bids have been received for such purchase by the subdivision, unless such
purchase can be made upon the same terms, conditions, and specifications at a
lower price under this division. (C) A political subdivision as defined in division (B) of this
section may purchase supplies or services
from another party, including another political subdivision, instead of
through participation in contracts
described in division (B) of
this section if the political subdivision can purchase those
supplies or services from the other party upon equivalent terms,
conditions, and specifications but at a lower price than it can
through those contracts. Purchases that a political subdivision
makes under this division are exempt from any competitive
selection procedures otherwise required by law. A political
subdivision that makes any purchase under this division shall
maintain sufficient information regarding the
purchase to verify that the
political subdivision satisfied the conditions for making a
purchase under this division. Nothing in this division restricts any action
taken by a county or township
as authorized by division (A)(1) of section 9.48 of the Revised
Code. (D) This section does not apply to supplies or services
required by the legislative or judicial branches, boards of
elections, the capitol square review and advisory board, the
adjutant general, to supplies or services purchased by a state
agency directly as provided in division (A) or (E) of section
125.05 of
the Revised Code, to purchases of supplies or services for the emergency
management agency as provided in section 125.023 of the Revised Code, or to
purchases of supplies or services for the
department of rehabilitation and correction in its operation of
the program for the employment of prisoners established under
section 5145.16 of the Revised Code that shall be made pursuant
to rules adopted by the director of administrative services and
the director of rehabilitation and correction in accordance with
Chapter 119. of the Revised Code. The rules may provide for the
exemption of the program for the employment of prisoners from the
requirements of division (A) of this section. Sec. 125.072. (A) As used in this section: (1) "Internet" means the international computer network of
both federal
and nonfederal interoperable packet switched data
networks, including the
graphical subnetwork called the world wide
web.
(2) "Reverse, "reverse auction" means a purchasing process
in which
offerors submit
bids in competing to sell services or
supplies in
an open environment via
the internet.
(B)
Whenever the director of administrative services
determines
that the use of a reverse auction is advantageous to
the state, the director, in accordance with rules
the director
shall adopt, may purchase services or
supplies by
reverse auction. (C)
The director, by rule, may authorize a state agency that
is
authorized to purchase services or supplies directly to
purchase them by
reverse auction in the same manner as this
section and the rules adopted under this section authorize the
director to
do so.
Sec. 149.38. (A) There is hereby created in each county a
county records commission, composed of the president of the board
of county commissioners as chairman chairperson, the prosecuting
attorney,
the auditor, the recorder, and the clerk of the court of common
pleas. The commission shall appoint a secretary, who may or may
not be a member of the commission and who shall serve at the
pleasure of the commission. The commission may employ an
archivist to serve under its direction. The commission shall
meet at least once every six months, and upon call of the
chairman chairperson. (B) The functions of the county records commission shall be to provide
rules for retention and disposal of records of the county and to
review applications for one-time records disposal and schedules
of records retention and disposal submitted by county offices.
Records may be disposed of by the commission pursuant to the
procedure outlined in this section. The commission may, at any
time, may review any schedule it has previously approved, and, for good
cause shown, may revise that schedule, subject to division (D) of
this section. (C) When the county records commission has approved county records have been approved for disposal, a
copy of such records a list of those records shall be sent to the auditor of state.
If he the auditor of state disapproves the action by the county
commission in whole or
in part, he the auditor of state shall so inform the commission
within a period of
sixty days, and these those records shall not be destroyed. Before
public records are to be disposed of, the commission shall inform the Ohio historical society shall
be informed and given give the society the opportunity for a period of sixty days
to select for its custody such records as it considers to be of
continuing historical value. When the Ohio historical society is so informed that public records are to be disposed of, the county records commission also shall notify the county historical society, and any public or quasi-public institutions, agencies, or corporations in the county that have provided the commission with their name and address for these notification purposes, that the Ohio historical society has been so informed and may select records of continuing historical value, including records that may be distributed to any of the notified entities under section 149.31 of the Revised Code. (D) The rules of the county records commission shall include a rule that
requires any receipts, checks, vouchers, or other similar records
pertaining to expenditures from the delinquent tax and assessment
collection fund created in section 321.261 of the Revised Code,
from the real estate assessment fund created in section 325.31 of
the Revised Code, or from amounts allocated for the furtherance
of justice to the county sheriff under section 325.071 of the
Revised Code or to the prosecuting attorney under section 325.12
of the Revised Code to be retained for at least four years. (E) No person shall knowingly violate the rule adopted
under division (D) of this section. Whoever violates that rule
is guilty of a misdemeanor of the first degree.
Sec. 149.432. (A) As used in this section: (1) "Library" means a library that is open to the public,
including any of
the following: (a) A library that is maintained and regulated under section
715.13 of the Revised Code; (b) A library that is created, maintained, and regulated
under
Chapter 3375. of the Revised Code; (c) A library that is created and maintained by a public or
private school, college, university, or other educational
institution; (d) A library that is created and maintained by a historical
or
charitable organization, institution, association, or society. "Library" includes the members of the governing body and the
employees of a
library. (2) "Library record" means a record in any form that is
maintained by a
library and that contains any of the following
types of information: (a) Information that the library requires an individual to
provide in order to be eligible to use library services or borrow
materials; (b) Information that identifies an individual as having
requested
or obtained specific materials or materials on a
particular subject; (c) Information that is provided by an individual to assist
a
library staff member to answer a specific question or provide
information on a
particular subject. "Library record" does not include information that does not
identify any
individual and that is retained for the purpose of
studying or evaluating the
use of a library and its materials and
services. (3) Subject to division (B)(5) of this section, "patron
information" means
personally identifiable information about
an
individual who has used any library service or borrowed any
library
materials. (4) "Internet" has the same meaning as in section 3517.106
of the Revised
Code.
(B) A library shall not release any library record or
disclose
any
patron information except in the following
situations: (1) If a library record or patron information pertaining to
a minor child
is requested from a library by the minor child's
parent, guardian, or
custodian, the library shall make that record
or information available to the
parent, guardian, or custodian in
accordance with division (B) of
section 149.43 of the Revised
Code. (2) Library records or patron information shall be released
in the
following situations: (a) In accordance with a subpoena, search warrant, or other
court
order; (b) To a law enforcement officer who is acting in the scope
of
the officer's law enforcement duties and who is investigating a
matter
involving public safety in exigent circumstances. (3) A library record or patron information shall be released
upon the
request or with the consent of the individual who is the
subject of the record
or information. (4) Library records may be released for administrative
library purposes,
including establishment or maintenance of a
system to manage the library records or to assist in the transfer
of library
records from one records management system to another,
compilation of
statistical data on library use, and collection of
fines and penalties. (5) A library may release under division (B) of section
149.43 of the
Revised Code records that document improper use of
the internet at the library
so long as any patron information is
removed from those records. As used in
division (B)(5) of this
section, "patron information" does not include
information about
the age or gender of an individual.
Sec. 304.01. As used in this chapter:
(A) "Agreement" means the bargain of the parties in fact, as
found in their language or inferred from other circumstances and
from rules, regulations, and procedures given the effect of
agreements under laws otherwise applicable to a particular
transaction.
(B) "County office" means any officer, department, board,
commission, agency, court, or other instrumentality of a county. (C) "Electronic" means relating to technology having
electrical, digital, magnetic, wireless, optical, electromagnetic,
or similar capabilities.
(D) "Electronic record" means a record created, generated,
sent, communicated, received, or stored by electronic means.
(E) "Electronic signature" means an electronic sound,
symbol, or process attached to or logically associated with a
record and executed or adopted by a person with the intent to sign
the record.
(F) "Information" means data, text, images, sounds, codes,
computer programs, software, databases, or the like.
(G) "Person" means an individual, corporation, business
trust, estate, trust, partnership, limited liability company,
association, joint venture, governmental agency, public
corporation, or other legal or commercial entity.
(H) "Record" means information that is inscribed on a
tangible medium or that is stored in an electronic or other medium
and is retrievable in perceivable form. (I) "Transaction" means an action or set of actions occurring
between two or more persons relating to the conduct of business,
commercial, or governmental affairs.
Sec. 304.02. Prior to the use of electronic records and
electronic signatures by a county office under Chapter 1306. of
the Revised Code, and except as otherwise provided in section
955.013 of the Revised Code, a county office shall adopt, in
writing, a
security procedure for the purpose of verifying that an
electronic
signature, record, or performance is that of a specific
person or
for detecting changes or errors in the information in an
electronic record. A
security procedure includes, but is not
limited to, a procedure that requires the use of algorithms or
other codes, identifying words or numbers, encryption, or callback
or other acknowledgment procedures.
Sec. 304.03. (A) Whenever any rule or law requires or authorizes
the filing of any information, notice, lien, or other document or
record with any county office, a filing made by an electronic
record shall have the same force and effect as a filing made on
paper in all cases where the county office has authorized or
agreed to the electronic filing and the filing is made in
accordance with applicable rules or an applicable agreement. (B) Nothing in this section authorizes or shall be construed to authorize the use of a financial transaction device in an electronic transaction for the acceptance of payments for county expenses, except pursuant to section 301.28 or 955.013 of the Revised Code. (C) As used in this section, "financial transaction device" and "county expenses" have the same meanings as in section 301.28 of the Revised Code.
Sec. 304.04. Nothing in this chapter or Chapter 1306. of the
Revised Code requires or shall be construed to require any county
office to
use or permit the use of electronic records and
electronic
signatures.
Sec. 307.12. (A) Except as otherwise provided in
divisions
(B), (C), and (E) of this section, when the board of
county
commissioners
finds, by resolution, that the county has
personal
property,
including motor vehicles acquired for the use
of county
officers
and departments, and road machinery, equipment,
tools, or
supplies, which is not needed for public use, or is
obsolete or
unfit for the use for which it was acquired, and when
the fair
market value of the property to be sold under this
division is, in
the opinion
of the board, in excess of two
thousand five hundred
dollars, the board
may do either of the
following: (1) Sell
the property at public auction or by sealed
bid to
the highest
bidder. Notice of the time, place, and
manner
of the
sale shall
be published in a newspaper of general
circulation in
the county at least ten days prior to the
sale, and
a typewritten
or printed notice of the time, place, and
manner of
the sale shall
be posted at least ten days before the sale in the
offices of the
county auditor and the board of county
commissioners. If a board conducts a sale of
property by sealed
bid, the
form of the bid shall be as prescribed by the board, and
each bid
shall contain the name of the person submitting it. Bids
received
shall be opened and tabulated at the time stated in
the
notice.
The property shall be sold to the highest bidder,
except
that the
board may reject all bids and hold another sale,
by
public auction
or sealed bid, in the manner prescribed by this
section. (2) Donate any motor vehicle that does not exceed four
thousand five hundred
dollars in value to a nonprofit organization
exempt from federal income
taxation pursuant to 26 U.S.C. 501(a)
and (c)(3) for the purpose of meeting
the transportation needs of
participants in the Ohio works first program
established under
Chapter 5107. of the Revised Code and participants in the
prevention, retention, and contingency program established under
Chapter 5108.
of the Revised Code. (B) When the board of county commissioners finds, by
resolution, that the
county has personal property, including motor
vehicles acquired for the use of
county officers and departments,
and road machinery, equipment, tools, or
supplies, which is not
needed for public use, or is obsolete or unfit
for the use for
which it was acquired, and when the fair market value of the
property to be sold under this division is, in the opinion of the
board, two
thousand five hundred dollars or less, the board may
sell the property by
private sale, without advertisement or public
notification.
Notwithstanding
anything to the contrary in
division (A)
or
(C) of this section and
regardless of the
property's value, the
board may sell or donate
county
personal
property, including motor
vehicles,
to
the
federal
government, the state, or
any political
subdivision of
the state
without advertisement or
public
notification. (C)
Notwithstanding anything to the contrary in division
(A),
(B), or (E) of this section and regardless of the property's
value, the board of county commissioners may sell personal
property, including motor vehicles acquired for the use of county
officers and departments, and road machinery, equipment, tools, or
supplies, which is not needed for public use, or is obsolete or
unfit for the use for which it was acquired, by internet auction.
The board shall adopt, during each calendar year, a resolution
expressing its intent to sell that property by internet auction.
The resolution shall include a description of how the auctions
will be conducted and shall specify the number of days for bidding
on the property, which shall be no less than fifteen days,
including
Saturdays, Sundays, and legal holidays. The resolution
shall
indicate whether the county will conduct the auction or the
board will contract with a representative to
conduct the auction
and shall establish the general terms and
conditions of sale. If
a representative is known when
the resolution is adopted, the
resolution shall provide contact
information such as the
representative's name, address, and telephone
number. After adoption of the resolution, the board shall
publish, in
a newspaper of general circulation in the
county, notice of
its
intent to sell unneeded, obsolete, or unfit county
personal
property by internet auction. The notice shall include a
summary
of the information provided in the resolution and shall be
published at least twice. The second and any subsequent notice
shall be published not less than ten nor more than twenty days
after the previous notice. A similar notice also shall be posted
continually throughout the calendar year in a conspicuous place in
the offices of the county auditor and the board of county
commissioners, and, if the county maintains a website on the
internet, the notice shall be posted continually throughout the
calendar year at that website. When property is to be sold by internet auction, the board or
its representative may establish a minimum price that
will be
accepted for specific items and may establish any other
terms and
conditions for the particular sale, including
requirements for
pick-up or delivery, method of payment, and sales
tax. This type
of information shall be provided on the internet
at the time of
the auction and may be provided before that time
upon request
after the terms and conditions have been determined
by the board
or its representative. (D) When a county
officer or department head determines
that
county-owned personal
property under the jurisdiction
of the
officer or department head,
including motor vehicles, road
machinery, equipment, tools, or
supplies, is not of immediate
need, the county
officer or
department head may notify the board
of county
commissioners,
and
the board may lease
that
personal
property to any municipal
corporation, township, or other
political subdivision of the
state.
The
lease shall require
the
county to be reimbursed
under terms, conditions, and
fees
established by the board, or under
contracts
executed by the
board. (E) If the board
of county commissioners finds,
by
resolution, that the county
has vehicles, equipment, or
machinery
which is not needed, or is
unfit for public use, and the
board
desires to sell
the
vehicles, equipment, or machinery
to the
person or firm from
which it proposes to purchase other
vehicles,
equipment, or
machinery, the board may offer to sell the
vehicles,
equipment,
or machinery to
that person or firm, and
to have
the
selling
price credited to the person or firm
against the purchase
price
of other vehicles, equipment, or
machinery. (F) If the board
of county commissioners
advertises for bids
for the sale of
new vehicles, equipment, or
machinery to the
county, it may
include in the same advertisement
a notice of the
willingness of
the board to accept bids for
the purchase of
county-owned
vehicles, equipment, or machinery
which is obsolete
or not needed
for public use, and to have the
amount of
those
bids subtracted
from the selling price of the
other vehicles,
equipment, or
machinery as a means of determining
the lowest
responsible
bidder.
(G) If a board of county commissioners determines that
county personal property is not needed for public use, or is
obsolete or unfit for the use for which it was acquired, and that
the property has no value, the board may discard or salvage that
property. (H)
As used in this section,
"internet" means the
international computer network of both federal and nonfederal
interoperable packet switched data networks, including the
graphical subnetwork called the world wide web.
Sec. 341.42. (A) As used in this section: (1) "County correctional officer" has the same meaning as in
section
341.41 of the Revised Code. (2) "Computer," "computer network," "computer system,"
"computer
services," "telecommunications service," and
"information service" have the
same
meanings as in section 2913.01
of the Revised Code. (3)
"Internet" means the international computer network of
both federal
and nonfederal interoperable packet switched data
networks, including the
graphical subnetwork called the world wide
web. (4) "County correctional facility" means a county jail,
county
workhouse, minimum security jail, joint city and county
workhouse,
municipal-county correctional center,
multicounty-municipal correctional
center, municipal-county jail
or workhouse, or
multicounty-municipal jail or workhouse.
(B) No county correctional officer shall provide a prisoner
access to or permit a prisoner to have access to the internet
through the use
of a computer, computer network, computer system,
computer services,
telecommunications service, or information
service unless both of the
following apply: (1) The prisoner is participating in an approved educational
program with direct supervision that requires the use of the
internet for training or research purposes. (2) The provision of and access to the internet is in
accordance
with rules promulgated by the department of
rehabilitation and
correction pursuant to section 5120.62 of the
Revised Code. (C)(1) No prisoner in a county correctional facility under
the
control of a county shall access the internet through the use
of a computer,
computer network,
computer system, computer
services, telecommunications service, or
information service
unless both of the following apply: (a) The prisoner is participating in an approved educational
program with direct supervision that requires the use of the
internet for
training or research
purposes. (b) The provision of and access to the internet is in
accordance
with rules promulgated by the department of
rehabilitation and correction
pursuant to section
5120.62 of the
Revised Code. (2) Whoever violates division (C)(1) of this section is
guilty of
improper internet access, a misdemeanor of the first
degree.
Sec. 505.10. The board of township trustees may accept, on
behalf of the township, the donation by bequest, devise, deed of
gift, or otherwise, of any
real or personal
property
for any
township use. When the township has property, including
motor
vehicles, road machinery, equipment, and tools, which the
board,
by resolution, finds is not needed
for public use,
is
obsolete, or
is unfit for the use for which
it was
acquired,
the board may sell and
convey
that property
or
otherwise
dispose
of it in accordance with this section. Except
as
otherwise
provided
in
sections
505.08, 505.101, and
505.102 of the
Revised Code,
the sale
or
other disposition of
unneeded, obsolete,
or unfit for use
property shall
be
made in accordance
with one of the
following: (A)(1) If the fair market value of
property to be sold
is,
in the opinion of the board, in excess of two thousand five
hundred
dollars, the
sale shall be by public auction or by sealed bid to the highest bidder. The
board
shall publish notice of the time,
place, and
manner of the
sale
once a week for three weeks in a
newspaper
published, or of
general circulation, in the township,
the
last
of
those
publications to be at least five days
before
the date of
sale, and
shall post a typewritten or printed
notice
of the time,
place, and
manner of the sale in the office of
the
board for at least ten
days
prior to the sale.
If the board conducts the sale of the property by sealed bid, the form of the bid shall be as prescribed by the board, and each bid shall contain the name of the person submitting it. Bids received shall be opened and tabulated at the time stated in the published and posted notices. The property shall be sold to the highest bidder, except that the board may reject all bids and hold another sale, by public auction or sealed bid, in the manner prescribed by this section. (2) If the fair market value of
property to be sold is,
in
the opinion of the board, two thousand five hundred dollars or
less, the
board may sell the property by private sale, without
advertisement or public
notification. (3) If the board finds, by resolution, that the
township has
motor vehicles, road machinery, equipment, or tools
which are not
needed or
are unfit for public use, and the
board wishes
to sell
the motor vehicles, road machinery,
equipment, or tools
to the
person or firm from which it proposes
to purchase other
motor
vehicles, road machinery, equipment, or
tools, the board
may offer
to sell the motor vehicles, road
machinery, equipment,
or tools to
that person or firm, and to
have
the selling price
credited to
the person or firm against
the purchase price of
other motor
vehicles, road machinery,
equipment, or tools. (4) If the board advertises for bids for the sale of
new
motor vehicles, road machinery, equipment, or tools to the
township, it may include in the same advertisement a notice of
the
willingness of the board to accept bids for the purchase of
township-owned motor vehicles, road machinery, equipment, or
tools
which are obsolete or not needed for public use, and to
have the
amount of
those bids subtracted from the selling
price of
the new
motor vehicles, road machinery, equipment, or
tools, as a
means of
determining the lowest responsible bidder. (5) When a township has title to real property, the board of
township
trustees, by resolution,
may authorize the
transfer and
conveyance of
that property to any other
political subdivision of
the state upon such terms as are agreed
to between
the board and
the legislative authority of
that political subdivision.
(6)
When a township has title to real property and the board
of township trustees wishes to sell or otherwise transfer the
property, the board, upon a unanimous vote of its members and by
resolution, may authorize the transfer and conveyance of that real
property to any person upon whatever terms are agreed to between
the board and that person. (7) If the board of township trustees determines that
township personal property is not needed for public use, or is
obsolete or unfit for the use for which it was acquired, and that
the property has no value, the board may discard or salvage that
property. (B) When the board has offered property at public auction
under
this section and has not received an acceptable offer, the
board, by
resolution, may enter into a contract, without
advertising or bidding, for the
sale of that property. The
resolution shall specify a minimum acceptable
price and the
minimum acceptable terms for the contract. The minimum
acceptable
price shall not be lower than the minimum price established for
the
public auction.
(C) Notwithstanding anything to the contrary in division
(A)
or (B) of this section and regardless of the property's value,
the
board may sell personal property,
including
motor vehicles, road machinery, equipment, tools, or
supplies,
which is not needed for public use, or is obsolete or
unfit for
the use for which it was acquired, by internet auction.
The board
shall adopt, during each calendar year, a resolution
expressing
its intent to sell that property by internet auction.
The
resolution shall include a description of how the auctions
will be
conducted and shall specify the number of days for bidding
on the
property, which shall be no less than fifteen days,
including
Saturdays, Sundays, and legal holidays. The resolution
shall
indicate whether the township will conduct the auction or
the
board will contract with a representative to conduct the
auction
and shall establish the general terms and
conditions of
sale. If
a representative is known when
the resolution is
adopted, the
resolution shall provide contact
information such as
the
representative's name, address, and telephone
number. After adoption of the resolution, the board shall
publish, in
a newspaper of general circulation in the township, notice of its
intent to sell unneeded, obsolete, or unfit for use township personal
property by internet auction. The notice shall include a
summary
of the information provided in the resolution and shall be
published at least twice. The second and any subsequent notice
shall be published not less than ten nor more than twenty days
after the previous notice. A clerk also shall post a similar
notice throughout the calendar year in a conspicuous place in the
board's office, and, if the township maintains a web site on the
internet, the notice shall be posted continually throughout the
calendar year at that web site. When property is to be sold by internet auction, the board or
its representative may establish a minimum price that
will be
accepted for specific items and may establish any other
terms and
conditions for the particular sale, including
requirements for
pick-up or delivery, method of payment, and sales
tax. This type
of information shall be provided on the internet
at the time of
the auction and may be provided before that time
upon request
after the terms and conditions have been determined
by the board
or its representative. As used in this section, "internet" means the international
computer network of both federal and nonfederal interoperable
packet switched data networks, including the graphical subnetwork
called the world wide web.
Sec. 718.07. As used in this section,
"internet" means the
international computer network of both
federal and nonfederal
interoperable packet switched data networks,
including the
graphical subnetwork known as the world wide web. On and after January 1, 2002, each municipal corporation that
imposes a tax on income shall make electronic versions of any
rules or
ordinances governing the tax available to the public
through the internet, including, but not limited to, ordinances or
rules governing the rate of tax; payment and withholding of taxes;
filing any prescribed returns, reports, or other documents;
dates
for filing or paying taxes, including estimated
taxes; penalties,
interest, assessment, and other collection
remedies; rights of
taxpayers to appeal; and procedures for filing
appeals. On and
after that date, any municipal
corporation that
requires taxpayers
to file income tax returns, reports, or other documents
shall make
blanks of such returns, reports, or documents, and any
instructions
pertaining thereto, available to the public
electronically through the internet. Electronic versions of rules,
ordinances,
blanks, and instructions
shall be made available
either by posting them on the electronic site
established by the
tax commissioner under section 5703.49 of the Revised Code or by
posting
them on an electronic site established by the
municipal
corporation that is accessible through the internet. If a
municipal
corporation
establishes such an electronic site, the
municipal corporation
shall incorporate an
electronic link between
that site and the site established pursuant to section
5703.49 of
the Revised Code, and shall provide to the tax
commissioner the
uniform resource locator of the site established
pursuant to this
division.
Sec. 721.15.
(A) Personal property not needed for municipal
purposes, the estimated value of which is less than one thousand
dollars, may be sold by the board or officer having supervision
or
management
of that property. If the estimated value of
that
property
is one thousand dollars
or more, it
shall be sold only
when
authorized by an ordinance of the
legislative authority of
the
municipal corporation and approved by
the board, officer, or
director having supervision or management
of
that
property. When
so authorized, the
board, officer, or director
shall make a
written contract with the
highest and best bidder
after
advertisement for not less than two
or more than four
consecutive
weeks in a newspaper of general
circulation within
the municipal
corporation, or with a board of
county
commissioners upon such
lawful terms as are agreed upon, as
provided by section 721.27 of
the Revised Code. (B) When the legislative authority finds, by resolution,
that the
municipal corporation has vehicles, equipment, or
machinery which
is
obsolete, or is not needed or is unfit for
public use,
that
the municipal corporation has
need of other
vehicles, equipment,
or machinery of the same type,
and
that it
will be
in the best interest of the
municipal corporation that
the sale
of obsolete, unneeded, or
unfit vehicles, equipment, or
machinery
be made simultaneously
with the purchase of the new
vehicles,
equipment, or machinery of
the same type,
the
legislative
authority may offer to sell,
or authorize a board,
officer, or
director of
the municipal
corporation having
supervision or
management of
the property
to offer to sell,
those vehicles,
equipment, or machinery and
to have the selling
price
credited against the
purchase price of other vehicles,
equipment, or machinery and to
consummate
the sale and purchase
by a single contract with
the lowest and best bidder to be
determined by subtracting from
the selling price of the vehicles,
equipment, or machinery to be
purchased by
the municipal
corporation the purchase price
offered for
the municipally-owned
vehicles, equipment, or
machinery. When the legislative
authority
or the authorized
board, officer, or director of a
municipal
corporation advertises
for bids for the sale of new
vehicles,
equipment, or machinery to
the municipal corporation,
they may
include in the same
advertisement a notice of
willingness to
accept bids for the
purchase of municipally-owned
vehicles,
equipment, or machinery
which is obsolete,
or
is
not needed
or is
unfit for public
use, and to have the amount of
those bids
subtracted from the
selling price as a means of determining the
lowest and best
bidder.
(C) If the legislative authority of the municipal
corporation determines that municipal personal property is not
needed for public use, or is obsolete or unfit for the use for
which it was acquired, and that the property has no value, the
legislative authority may discard or salvage that property. (D) Notwithstanding anything to the contrary in division
(A)
or (B) of this section and regardless of the property's value,
the
legislative authority of a municipal corporation may sell
personal
property, including motor vehicles acquired for the use
of
municipal officers and departments, and road machinery,
equipment,
tools, or supplies, which is not needed for public use,
or is
obsolete or unfit for the use for which it was acquired, by
internet auction. The legislative authority shall adopt, during
each calendar year, a resolution expressing its intent to sell
that property by internet auction.
The resolution shall include a
description of how the auctions
will be conducted and shall
specify the number of days for bidding
on the property, which
shall be no less than fifteen days, including
Saturdays, Sundays,
and legal holidays. The resolution shall indicate whether the
municipal corporation will conduct the auction or the legislative
authority will contract with a representative to conduct the
auction and shall establish the general terms and
conditions of
sale. If a representative is known when
the resolution is
adopted, the resolution shall provide contact
information such as
the representative's name, address, and telephone
number. After adoption of the resolution, the legislative authority
shall publish, in a newspaper of general circulation in the
municipal corporation, notice of its intent to sell unneeded,
obsolete, or unfit municipal personal property by internet
auction. The notice shall include a
summary
of the information
provided in the resolution and shall be
published at least twice.
The second and any subsequent notice
shall be published not less
than ten nor more than twenty days
after the previous notice. A
similar notice also shall be posted
continually throughout the
calendar year in a conspicuous place in the offices of the village
clerk or city auditor, and the legislative authority, and, if the
municipal corporation maintains a website on the internet, the
notice shall be posted continually throughout the calendar year at
that website. When the property is to be sold by internet auction, the
legislative authority or its representative may establish a
minimum
price that
will be accepted for specific items and may
establish
any other
terms and conditions for the particular sale,
including
requirements for pick-up or delivery, method of payment,
and sales
tax. This type of information shall be provided on the
internet
at the time of the auction and may be provided before
that time
upon request after the terms and conditions have been
determined
by the legislative authority or its representative. As used in this section, "internet" means the international
computer network of both federal and nonfederal interoperable
packet switched data networks, including the graphical subnetwork
called the world wide web.
Sec. 753.32. (A) As used in this section: (1) "Municipal correctional officer" has the same meaning as
in section
753.31 of the Revised Code. (2) "Computer," "computer network," "computer system,"
"computer
services," "telecommunications service," and
"information service" have the
same meanings as in section 2913.01
of the Revised Code. (3)
"Internet" has the same meaning as in section 341.42 of
the Revised Code. (4) "Municipal correctional facility" means a municipal
jail,
municipal workhouse, minimum security jail, joint city and
county workhouse,
municipal-county correctional
center,
multicounty-municipal correctional center, municipal-county jail
or
workhouse, or
multicounty-municipal jail or workhouse.
(B) No municipal correctional officer shall provide a
prisoner
access to or permit a prisoner to have access to the
internet through the use
of a computer, computer network, computer
system, computer services,
telecommunications service, or
information service unless both of the
following apply: (1) The prisoner is participating in an approved educational
program with direct supervision that requires the use of the
internet for training or research purposes. (2) The provision of and access to the internet is in
accordance
with rules promulgated by the department of
rehabilitation and
correction pursuant to section 5120.62 of the
Revised Code. (C)(1) No prisoner in a municipal correctional facility
under
the control of a municipal corporation shall access the
internet through the
use of a computer,
computer network, computer
system, computer services,
telecommunications service, or
information service unless both of the
following apply: (a) The prisoner is participating in an approved educational
program with direct supervision that requires the use of the
internet for
training or research
purposes. (b) The provision of and access to the internet is in
accordance
with rules promulgated by the department of
rehabilitation and correction
pursuant to section
5120.62 of the
Revised Code. (2) Whoever violates division (C)(1) of this section is
guilty of
improper internet access, a misdemeanor of the first
degree.
Sec. 955.013. (A) As used in this section: (1)
"Financial, "financial transaction device" has the same
meaning as
in
section
301.28 of the Revised Code.
(2)
"Internet" means the international computer network of
both federal
and nonfederal interoperable packet switched data
networks, including the
graphical subnetwork called the world wide
web.
(B) A county auditor may establish procedures and take
actions
that are necessary to allow for either or both of the
following: (1) The registration of dogs and kennels under this chapter
via the
internet; (2) The payment of dog and kennel registration fees under
this chapter by
financial transaction devices, including payment
by financial transaction
devices via the internet.
Sec. 1306.16. (A) A provision of a nonelectronic contract
involving a consumer and to which a state agency
or a county
office is not a party that
authorizes the conducting of a
transaction or any
part of a transaction by electronic means is
unenforceable against the
consumer, unless the consumer separately
signs the provision. (B) A consumer's agreement to conduct a transaction or a
part of
a transaction electronically shall not be inferred solely
from the fact that
the consumer has used electronic means to pay
an account or register a
purchase or warranty. (C) Divisions (A) and (B) of this section apply
to every
transaction described in those divisions notwithstanding any other
provision of
sections 1306.01 to 1306.23 of the Revised
Code
this
chapter. This section shall not be varied by agreement. (D) For purposes of this section, both of the following
apply: (1) "Consumer" means an individual
who is involved in a
transaction primarily for personal, family, or household
purposes. (2) "State agency" means every organized body, office, or
agency
established by the laws of the state for the exercise of
any function of state
government.
(3) "County office" means any officer, department, board,
commission, agency, court, or other instrumentality of a county. Sec. 2307.64. (A)
As used in this section: (1)
"Advertisement" has the same meaning as in section
4931.55 of the Revised Code.
(2) "Computer," "computer network," "computer program,"
"computer services," and "telecommunications device" have the same
meanings as in section 2913.01 of the Revised Code. (3) "Electronic mail" means an electronic message that is
transmitted between two or more telecommunications devices or
electronic devices capable of receiving electronic messages,
whether or not the message is converted to hard copy format after
receipt, and whether or not the message is viewed upon the
transmission or stored for later retrieval. "Electronic mail"
includes electronic messages that are transmitted through a local,
regional, or global computer network. (4) "Electronic mail advertisement" means electronic
mail
containing an advertisement. (5) "Electronic mail service provider" means any person that
is an intermediary in sending and receiving electronic mail and
that provides to users of electronic mail services the ability to
send
or receive electronic mail. "Electronic mail service
provider" includes an internet service
provider. (6) "Internet" has the same meaning as in section 341.42 of
the Revised Code. (7) "Originating address" means the string of characters
used
to specify the source of any electronic mail message.
(8)(7) "Person" has the same meaning as in section 1.59 of the
Revised Code, but when a person is not an individual, the person
responsible for transmitting or causing to be transmitted an
electronic mail advertisement is the particular division of the
partnership, corporation, or other business entity actually
responsible for the transmission of the electronic mail
advertisement.
(9)(8) "Pre-existing business relationship" means that there was
a business transaction between the initiator and the recipient of
a commercial electronic mail message during the five-year period
preceding the receipt of that message. A pre-existing business
relationship includes a transaction involving the free provision
of information, goods, or services requested by the recipient. A
pre-existing business
relationship does not exist after a
recipient requests to be removed
from the distribution lists of an
initiator pursuant to division
(B) of this section and a
reasonable amount of time has expired
since that request.
(10)(9)
"Receiving address" means the string of characters used
to specify a recipient with each receiving address creating a
unique and separate recipient.
(11)(10)
"Recipient" means a person who receives an
electronic mail advertisement at any one of the following
receiving addresses:
(a) A receiving address furnished by an electronic mail
service provider that bills for furnishing and maintaining that
receiving address to a mailing address within this state; (b) A receiving address ordinarily accessed from a computer
located within this state; (c) A receiving address ordinarily accessed by a person
domiciled within this state; (d) Any other receiving address with respect to which the
obligations imposed by this section can be imposed consistent with
the United States Constitution.
(B)(1)
Except as otherwise provided in division (B)(3) of
this
section, a person that transmits or causes to be
transmitted
to a
recipient an electronic mail advertisement shall
clearly
and
conspicuously provide to the recipient, within the body of the
electronic mail advertisement, both of the following: (a) The person's name and complete residence or
business
address and the electronic mail
address of the person
transmitting
the electronic mail advertisement; (b) A notice that the recipient may decline to receive from
the person
transmitting or causing to be transmitted the
electronic mail advertisement any
additional
electronic mail
advertisements and a detailed
procedure
for
declining to receive
any additional electronic mail
advertisements at no cost. The
notice shall be of the same size of type as the majority of the
text of the message and shall not require that the recipient
provide any information other than the receiving address. (2) If
the recipient of an electronic mail advertisement
uses the
procedure contained in the notice described in division
(B)(1)(b) of this section to
decline to receive any additional
electronic mail advertisements, the
person
that transmitted or
caused to be transmitted the original
electronic mail
advertisement, within a reasonable period of time,
shall cease
transmitting or causing to be transmitted to the
receiving address
any additional electronic
mail advertisements. (3) A person does not violate division (B) of this section
if
the person transmits or causes to
be
transmitted to the
recipient an
electronic mail advertisement
when any of the
following apply: (a) The person has a pre-existing business or personal
relationship
with the recipient. (b) The recipient has consented or has agreed as a
condition
of service to receive the
electronic mail advertisement. (c) The recipient receives the electronic mail advertisement
because another recipient forwarded the advertisement to that
recipient via an internet web site or another recipient made a
direct referral of that recipient to receive the advertisement. (C) No person shall use a computer, a computer network, or
the computer services of an electronic mail service provider to
transmit an electronic mail advertisement in contravention of the
authority granted by, or in violation of the policies related to
electronic mail advertisements set by, the
electronic mail service
provider if the electronic mail service provider has provided the
person notice of those policies. For the purposes of this
division, notice of those policies shall be deemed sufficient if
an electronic mail service provider maintains an easily accessible
web page containing its policies regarding electronic mail
advertisements and can demonstrate that notice was supplied via
electronic means between the sending and receiving computers. (D)
No electronic mail service provider shall be liable for
transmitting another person's electronic mail advertisement
through its service in violation of this section, or shall be
liable for any action it voluntarily takes in good
faith to block
the
receipt or transmission through its service of
any electronic
mail
advertisement that it believes is, or will be
sent, in
violation of
this section. (E) A recipient of an electronic mail advertisement
transmitted in violation of division (B) of this section may bring
a civil action against a person who transmitted that advertisement
or caused it to be transmitted. In that action, the recipient may
recover the following: (1) One hundred dollars for each violation, not to exceed a
total of fifty thousand dollars; (2) Reasonable attorney's fees, court costs, and other costs
of bringing the action. (F) An electronic mail service provider whose authority or
policy has been contravened in violation of division (C) of this
section may bring a civil action against a person who transmitted
that advertisement or caused it to be transmitted. In that
action, the electronic mail service provider may recover the
following: (1)(a) Fifty dollars for each violation of division (C) of
this section, not to exceed fifty thousand dollars; (b) If a violation of division (C) of this section is a
willful or knowing violation, the court may increase the amount
recoverable to an amount not to exceed five hundred thousand
dollars. (c) If a violation of division (C) of this section is
accompanied by a violation of division (H) of this section, there
shall be no limit on the amount that may be recovered pursuant to
this section. (2) Reasonable attorney's fees, court costs, and other costs
of bringing the action. (G) In addition to any recovery that is allowed
under
divisions (E) or (F) of this section, the recipient of
an
electronic mail
advertisement transmitted in violation of division
(B) of this
section or the electronic mail service provider of an
advertisement transmitted in violation of division (C) of this
section may apply to
the court
of common pleas of the county in
which the recipient resides or the service provider is located for
an order
enjoining the person who
transmitted or caused to be
transmitted that electronic mail
advertisement from
transmitting
or causing to be transmitted to
the
recipient any additional
electronic mail
advertisement. (H) No person shall use a computer, a
computer network, a
computer program, or the computer services of an electronic mail
service provider with the intent to forge an originating address
or other routing information, in any manner, in connection with
the
transmission of an electronic mail advertisement through or
into
the network of an electronic mail service provider or its
subscribers. Each use of a computer, a computer network, a
computer program, or the computer services of an electronic mail
service provider in violation of this division constitutes a
separate offense. A person who violates this division is guilty
of forgery under section 2913.31 of the Revised Code.
Sec. 3517.10. (A) Except as otherwise provided in this
division, every campaign committee, political action committee,
legislative campaign fund, political party, and political
contributing entity
that made or received a contribution or made
an expenditure in connection with the nomination or election of
any candidate or in connection with any ballot issue or question
at any election held or to be held in this state shall file, on a
form prescribed under this section, by electronic means of
transmission as provided in this section and section 3517.106 of
the Revised
Code, or, until
March 1,
2004, on computer disk
as
provided in section 3517.106 of the Revised Code, a
full, true,
and
itemized
statement, made under penalty of election
falsification, setting
forth in detail the contributions and
expenditures, no later than
four p.m. of the following dates: (1) The twelfth day before the election to reflect
contributions received and expenditures made from the close of
business on the last day reflected in the last previously filed
statement, if any, to the close of business on the twentieth day
before the election; (2) The thirty-eighth day after the election to reflect
the
contributions received and expenditures made from the close
of
business on the last day reflected in the last previously
filed
statement, if any, to the close of business on the seventh
day
before the filing of the statement; (3) The last business day of January of every year to
reflect the contributions received and expenditures made from the
close of business on the last day reflected in the last
previously
filed statement, if any, to the close of business on
the last day
of December of the previous year. A campaign committee shall only be required to file the
statements prescribed under divisions (A)(1) and (2) of this
section in connection with the nomination or election of the
committee's candidate. The statement required under division (A)(1) of this
section
shall not be required of any campaign committee,
political action
committee, legislative campaign
fund, political party, or
political contributing
entity that has
received
contributions of
less than one thousand dollars and has made
expenditures of less
than one thousand dollars at the close of
business on the
twentieth day before the election. Those contributions and
expenditures shall be reported in the statement required under
division (A)(2)
of this section. If an election to select candidates to appear on the
general
election ballot is held within sixty days before a
general
election, the campaign committee of a successful
candidate in the
earlier election may file the statement required
by division
(A)(1) of this section for the general election
instead of the
statement required by division (A)(2) of this
section for the
earlier election if the pregeneral
election
statement reflects the
status of contributions and expenditures
for the period twenty
days before the earlier election to twenty
days before the general
election. If a person becomes a candidate less than twenty days
before
an election, the candidate's campaign committee is not
required to
file the statement required by division (A)(1) of this section. No statement under division (A)(3) of this section shall be
required for any year in which a campaign committee, political
action committee, legislative campaign fund,
political party, or
political contributing entity is required to
file a
postgeneral
election statement under
division (A)(2)
of this
section.
However,
such a statement may be filed, at the option
of the
campaign
committee, political action committee,
legislative
campaign fund,
political party, or political
contributing entity. No statement under division (A)(3) of this section shall be
required if the campaign committee, political action committee,
legislative campaign fund, political party, or political
contributing entity has no
contributions that it has received and
no expenditures that it has made since the
last date reflected in
its last previously filed statement.
However, the campaign
committee, political action committee,
legislative campaign fund,
political party, or political
contributing entity shall
file a
statement to that effect, on a form prescribed under this
section
and made under penalty of election falsification, on the
date
required in division (A)(3) of this section. The campaign committee of a statewide candidate shall
file a
monthly statement of contributions received during each of
the
months of July, August, and September
in the year of the general
election in which the candidate seeks
office. The campaign
committee of a statewide candidate shall
file the monthly
statement
not later than three business days after the last day of
the
month covered by the statement. During the period
beginning
on the
nineteenth day before the general election in which a
statewide candidate
seeks election to office and extending through
the day of that general
election, each time the campaign committee
of the joint candidates for the
offices of governor and
lieutenant
governor or of a candidate for the office of secretary of state,
auditor of state, treasurer of state, or attorney general receives
a
contribution from a contributor that causes the aggregate amount
of contributions received from that contributor during that
period
to equal or exceed two thousand five hundred dollars and each time
the
campaign committee of a candidate for the office of chief
justice or
justice of the supreme court receives a contribution
from a
contributor that causes the aggregate amount of
contributions
received from that contributor during that period to
exceed five
hundred dollars, the campaign committee
shall file a
two-business-day statement reflecting that
contribution. During
the period beginning on the nineteenth
day before a
primary
election in which a candidate for statewide
office seeks
nomination to office and extending through the day
of that primary
election, each time either the campaign committee of a
statewide
candidate in that primary election that files a
notice under
division (C)(1) of section 3517.103 of the Revised Code or the
campaign committee
of a statewide candidate in that primary
election to which, in
accordance with division (D) of section
3517.103 of the
Revised Code, the contribution limitations
prescribed in
section 3517.102 of the Revised Code
no longer apply
receives a contribution
from a contributor that causes the
aggregate amount of
contributions received from that contributor
during that period
to exceed two thousand five hundred dollars,
the campaign
committee shall file a two-business-day statement
reflecting
that contribution.
Contributions reported on a
two-business-day statement
required to be filed by a campaign
committee of a statewide
candidate in a primary election shall
also be included
in the postprimary election statement required to
be filed by
that campaign committee under division (A)(2) of this
section. A two-business-day statement required by this
paragraph
shall be filed not
later than two business days after receipt of
the contribution. The
statements required by this paragraph shall
be filed in
addition to any other statements required by this
section. Subject to the secretary
of state
having implemented, tested, and verified the successful
operation of any system the secretary of state prescribes pursuant
to
divisions (C)(6)(b) and (D)(6) of this
section and division
(H)(1) of section 3517.106 of the Revised Code for the
filing
of
campaign finance statements by electronic means of transmission,
a campaign committee
of a statewide
candidate shall file a two-business-day
statement under the
preceding paragraph
by electronic means of transmission if the
campaign committee
is required to file a preelection,
postelection, or
monthly statement of contributions and
expenditures by
electronic means of transmission under this
section or section
3517.106 of the Revised
Code. If a campaign committee or political action committee has
no
balance on hand and no outstanding obligations and desires to
terminate itself, it shall file a statement to that effect, on a
form prescribed under this section and made under penalty of
election falsification, with the official with whom it files a
statement under division (A) of this section after filing a final
statement of contributions and a final statement of expenditures,
if contributions have been received or expenditures made since
the
period reflected in its last previously filed statement. (B) Except as otherwise provided in division (C)(7) of
this
section, each statement required by division (A) of this
section
shall contain the following information: (1) The full name and address of each campaign committee,
political action committee, legislative campaign
fund, political
party, or political contributing
entity, including any
treasurer
of the committee, fund, party, or entity,
filing a contribution
and expenditure statement; (2)(a) In the case of a campaign committee, the candidate's
full name and address; (b) In the case of a political action committee, the
registration number assigned to the committee under division
(D)(1)
of this section. (3) The date of the election and whether it was or will be
a
general, primary, or special election; (4) A statement of contributions received, which shall
include the following information: (a) The month, day, and year of the contribution; (b)(i) The full name and address of each person, political
party, campaign committee, legislative campaign fund,
political
action committee, or political contributing entity
from whom
contributions are received and the
registration number assigned to
the
political action committee under division (D)(1) of this
section. The requirement of filing the full address does not
apply to any statement filed by a state or local committee of a
political
party, to a finance committee of
such committee, or to a
committee recognized by a state or local
committee as its
fund-raising auxiliary. Notwithstanding
division (F)(1) of this
section, the requirement of filing the full
address shall be
considered as being met if the address filed is
the same address
the contributor provided under division
(E)(1) of this section. (ii) If a campaign committee of a statewide candidate or
candidate for the office of member of the general assembly
receives a
contribution from an individual that exceeds one
hundred dollars, the name of the individual's current employer,
if
any, or, if the individual is self-employed, the
individual's
occupation; (iii) If a campaign committee of a statewide candidate or
candidate for the office of member of the general assembly
receives a
contribution transmitted pursuant to
section 3599.031
of the Revised Code from
amounts deducted from the wages and
salaries of two or more
employees that exceeds
in the aggregate
one hundred dollars during any one filing period
under division
(A)(1), (2), or (3) of this section, the full
name of the
employees' employer and the full name of the labor organization
of
which the employees are members, if any. (c) A description of the contribution received, if other
than money; (d) The value in dollars and cents of the contribution; (e) A separately itemized account of all contributions and
expenditures regardless of the amount, except a receipt of a
contribution from a person in the sum of twenty-five dollars or
less at one social or fund-raising activity and a receipt of a
contribution
transmitted pursuant to section 3599.031 of the
Revised Code from amounts
deducted from the wages and salaries of
employees if the contribution from the
amount deducted from the
wages and salary of any one employee is twenty-five
dollars or
less aggregated in a calendar year. An account of the total
contributions from each social or fund-raising activity shall
include a
description of and the value of each in-kind
contribution received at that
activity from any person who made
one or more
such contributions whose aggregate value exceeded two
hundred
fifty dollars and shall be listed separately, together
with the expenses
incurred and paid in connection with that
activity. A campaign committee,
political action committee,
legislative campaign fund, political
party, or political
contributing entity
shall keep records of contributions from each
person in the amount of
twenty-five dollars or less at one social
or fund-raising activity and
contributions from amounts deducted
under section 3599.031 of the Revised Code
from the wages and
salary of each employee in the amount of twenty-five
dollars or
less aggregated in a calendar year. No continuing association
that
is recognized by a state or local committee of a political
party as an
auxiliary of the party and that makes a contribution
from funds derived solely
from regular dues paid by members of the
auxiliary shall be required to list
the name or address of any
members who paid those dues. Contributions that are other income shall be itemized
separately from all other contributions. The information
required
under division (B)(4) of this section shall be
provided for all
other income itemized. As used in this
paragraph, "other income"
means a loan, investment
income, or interest income. (f) In the case of a campaign committee of a
state elected
officer, if a person doing business with the state elected
officer
in the officer's official capacity makes a contribution to
the
campaign committee of that officer, the information required
under
division (B)(4) of this section in regard to that
contribution,
which shall be filed together with and considered a
part of the
committee's statement of contributions as required
under division
(A) of this section but shall be filed on
a separate form provided
by the secretary of state. As used in
division (B)(4)(f) of this
section: (i) "State elected officer" has the
same meaning as in
section 3517.092 of the Revised
Code. (ii) "Person doing business" means a
person or an officer of
an entity who enters into one or more
contracts with a state
elected
officer or anyone authorized to enter into contracts on
behalf of
that officer to receive payments for goods or services,
if the
payments total, in the aggregate, more than five thousand
dollars
during a calendar year. (5) A statement of expenditures which shall include the
following
information: (a) The month, day, and year of the expenditure; (b) The full name and address of each person, political
party, campaign committee, legislative campaign fund,
political
action committee, or political contributing entity to
whom the
expenditure was made and the
registration number assigned to the
political action committee under division (D)(1) of this
section; (c) The object or purpose for which the expenditure was
made; (d) The amount of each expenditure. (C)(1) The statement of contributions and expenditures
shall
be signed by the person completing the form. If a statement of
contributions and expenditures is filed by electronic means of
transmission
pursuant to this
section or section 3517.106 of the
Revised Code, the
electronic signature of the person who executes
the statement and transmits
the statement by electronic means of
transmission, as
provided in division (H) of section 3517.106 of
the Revised
Code, shall be attached to or associated with the
statement and shall
be binding on all persons and for all purposes
under the campaign finance
reporting law as if the
signature had
been handwritten in ink on a printed form. (2) The person filing the statement, under penalty of
election falsification, shall include with it a list of each
anonymous
contribution, the circumstances under which it was
received, and
the reason it cannot be attributed to a specific
donor. (3) Each statement of a campaign committee of a candidate
who
holds public office shall contain a designation of each
contributor who is an employee in any unit or department under
the
candidate's direct supervision and control. In a space
provided
in the statement, the person filing the statement shall
affirm
that each such contribution was voluntarily made. (4) A campaign committee that did not receive contributions
or
make expenditures in connection with the nomination or election
of its candidate shall file a statement to that effect, on a form
prescribed under this section and made under penalty of election
falsification, on the date required in division (A)(2) of this
section. (5) The campaign committee of any person who attempts to
become
a candidate and who, for any reason, does not become
certified in
accordance with Title XXXV of the Revised Code for
placement on
the official ballot of a primary, general, or special
election to
be held in this state, and who, at any time prior to
or after an
election, receives contributions or makes
expenditures, or has
given consent for another to receive
contributions or make
expenditures, for the purpose of bringing
about the person's
nomination or election to public office, shall
file the statement
or statements prescribed by this section and a
termination
statement, if applicable. This paragraph does not
apply to any
person with respect to an election to the offices of
member of a
county or state central committee, presidential
elector, or
delegate to a national convention or conference of a
political
party. (6)(a) The statements required to be filed under this
section
shall specify the balance in the hands of
the campaign
committee, political action
committee, legislative campaign fund,
political
party, or political contributing entity and the
disposition
intended to be made of that balance.
(b) The secretary of state shall prescribe the form for all
statements
required to be
filed under this section
and
shall
furnish the forms to the boards of elections in
the several
counties. The boards
of elections shall supply printed copies of
those forms without charge. The
secretary of state
shall
prescribe the appropriate methodology, protocol, and data file
structure for
statements required or permitted to
be filed by
electronic means of transmission under division (A) of
this
section and
divisions (E), (F), and (G) of section 3517.106 of
the
Revised Code and for statements permitted to be filed on
computer
disk under division (F) of section 3517.106 of the
Revised Code.
Subject to division (A) of this
section and divisions
(E), (F),
and (G) of section 3517.106 of the
Revised
Code, the statements
required to be stored on
computer by the secretary of state under
division (B) of section
3517.106 of the Revised Code
shall be
filed in whatever format
the secretary of state considers
necessary to enable
the secretary of state to store the
information contained in
the statements on computer. Any such
format shall be of a type and nature that is readily available to
whoever is
required to file the statements in that format. (c) The secretary of state shall assess the need for
training
regarding the filing of campaign finance statements by
electronic means of
transmission and regarding associated
technologies for candidates, campaign committees, political action
committees,
legislative campaign funds, political parties,
political contributing
entities, or individuals, partnerships, or
other entities required or
permitted to file statements by
electronic means of transmission under this
section or section
3517.105 or 3517.106 of the Revised Code. If, in the opinion of
the secretary
of state,
training in these areas is necessary, the
secretary of state shall arrange
for the provision of voluntary
training programs for candidates, campaign
committees, political
action committees, legislative campaign funds, political
parties,
political contributing entities, and individuals, partnerships,
and
other entities. (7) Each monthly statement and each
two-business-day
statement required by
division (A) of this section shall contain
the information required by
divisions (B)(1) to (4), (C)(2), and,
if
appropriate, (C)(3) of this section. Each statement
shall be
signed as required by division (C)(1) of this section. (D)(1) Prior to receiving a contribution or making an
expenditure, every
campaign committee, political action
committee,
legislative campaign fund, political party, or
political
contributing entity
shall appoint a treasurer and shall
file, on a
form prescribed by the secretary of state, a
designation of that
appointment,
including the full name and address of the treasurer
and of the
campaign committee, political
action committee,
legislative campaign fund, political
party, or political
contributing entity. That designation shall
be filed with
the
official with whom the campaign committee,
political action
committee, legislative campaign fund,
political party, or
political contributing entity is required to
file statements under
section 3517.11 of the
Revised Code. The name of a campaign
committee shall include at least the
last name of the campaign
committee's candidate. The secretary of
state shall assign a
registration number to each political action
committee that files
a designation of the appointment of a treasurer under
division
(D)(1) of this section if the political action committee is
required
by division (A)(1) of section 3517.11 of the Revised Code
to file the
statements prescribed by this section with the
secretary of state. (2) The treasurer appointed under division (D)(1) of this
section shall keep a strict account of all contributions, from
whom received and the purpose for which they were disbursed. (3)(a) Except as otherwise provided in section 3517.108 of
the Revised Code,
a campaign committee shall deposit all monetary
contributions
received by the committee into an account separate
from a personal or business
account of the candidate or campaign
committee. (b) A political action committee
shall deposit all monetary
contributions received by the committee into an
account separate
from all other funds. (c) A state or county political party may
establish a state
candidate fund that is separate from an account that
contains the
public moneys received from the Ohio political party fund
under
section 3517.17 of the Revised Code and from all other funds. A
state
or county political party may deposit into its state
candidate fund any
amounts of monetary contributions that are made
to or accepted by the
political party subject to the applicable
limitations, if any, prescribed in
section 3517.102 of the Revised
Code. A state or county political party
shall deposit all other
monetary contributions received by the
party into one or more
accounts
that are separate from its state candidate fund and from
its account that contains the public moneys received from the Ohio
political party fund under section 3517.17 of the Revised Code. (d) Each state political party shall have only one
legislative campaign fund
for each house of the general assembly.
Each such fund shall be separate from
any other funds or accounts
of that state party. A legislative campaign fund
is authorized to
receive contributions and make expenditures for the primary
purpose of furthering the election of candidates who are members
of that
political party to the house of the general assembly with
which that
legislative campaign fund is associated. Each
legislative campaign fund shall
be administered and controlled in
a manner designated by the caucus. As used
in division (D)(3)(d)
of this section, "caucus" has the same meaning as in
section
3517.01 of the Revised Code and includes, as an ex officio member,
the
chairperson of the state political party with which the caucus
is
associated or that chairperson's designee. (4) Every expenditure in excess of twenty-five dollars shall
be
vouched for by a receipted bill, stating the purpose of the
expenditures, that shall be filed with the statement of
expenditures. A canceled check with a notation of the purpose of
the expenditure is a receipted bill for purposes of division
(D)(4) of this section.
(5) The secretary of state or the board of elections, as the
case may
be, shall issue a receipt for each statement filed under
this section and
shall preserve a copy of the receipt for a period
of at least six
years. All statements filed under this section
shall be
open to public inspection in
the office where they are
filed and shall be carefully preserved
for a period of at least
six years after the year in which they
are filed. (6) The secretary of
state, by rule adopted pursuant to
section 3517.23 of the
Revised
Code, shall prescribe the
manner of
immediately acknowledging, with date and time received, and
preserving the receipt of statements
that are transmitted by
electronic means of transmission to the secretary of
state
pursuant to this section or section 3517.106 of the
Revised
Code
and the manner of
preserving the contribution and expenditure
information in those statements.
The secretary of state
shall
preserve the contribution and expenditure information in those
statements for at least
ten years after the year in which they are
filed by electronic means of transmission. (7) The secretary of state, pursuant to division
(I) of
section 3517.106 of the Revised Code, shall
make available online
to the public through the internet the contribution and
expenditure information in
all statements, all addenda,
amendments, or other corrections to statements,
and all amended
statements filed with the secretary of state by electronic or
other means of transmission under this section, division
(B)(2)(b)
or (C)(2)(b) of
section 3517.105, or section 3517.106 or 3517.11
of the Revised Code. The secretary of state
may remove the
information from the internet after a reasonable period of
time. (E)(1) Any person, political party, campaign committee,
legislative campaign fund,
political action committee, or
political contributing entity
that makes a contribution in
connection with the nomination or election of any candidate or in
connection with any ballot issue or question at any election held
or to be held in this state shall provide its full name and
address to the recipient of the contribution at the time the
contribution is made. The political action committee also
shall
provide the registration number assigned to the committee under
division
(D)(1) of this section to the recipient of the
contribution at the time the
contribution is made. (2) Any individual who makes a contribution that
exceeds one
hundred dollars to a campaign committee of a statewide candidate
or candidate for the office of member of the general assembly
shall provide
the name of the individual's current employer, if
any, or, if
the individual is
self-employed, the individual's
occupation to
the recipient of the contribution at the time the
contribution is
made. Sections 3599.39 and 3599.40 of the Revised
Code do not apply to division (E)(2) of this section. (3) If a campaign committee shows that it has exercised its
best efforts to
obtain, maintain, and submit the information
required under divisions
(B)(4)(b)(ii) and (iii) of this section,
that committee is considered to have
met the requirements of those
divisions. A campaign committee shall not be
considered to have
exercised its best efforts unless, in connection with written
solicitations,
it regularly includes a written request for the
information required under
division (B)(4)(b)(ii) of this section
from the contributor or the information
required under division
(B)(4)(b)(iii) of this section from whoever transmits
the
contribution. (4) Any check that a political action committee uses to
make
a contribution or an expenditure shall contain the full name
and
address of the committee and the registration number assigned
to
the committee under division (D)(1) of this section. (F) As used in this section: (1) "Address" means all of the
following if they exist:
apartment number, street, road, or
highway name and number, rural
delivery route number, city or
village, state, and zip code as
used in a person's
post-office address, but not post-office box.
If an address is required in this section, a post-office box and
office, room, or suite number may be included in addition to but
not in lieu of an apartment, street, road, or highway name and
number. If an
address is required in this section, a
campaign
committee, political action committee, legislative campaign fund,
political party, or political contributing entity may use
the
business or residence address of its treasurer or deputy
treasurer. The post-office box number of the campaign committee,
political action committee, legislative campaign fund,
political
party, or political contributing entity may be used in
addition to
that address. (2) "Statewide candidate" means the joint candidates for the
offices of governor and lieutenant governor or a candidate for the
office of
secretary of state, auditor of state, treasurer of
state, attorney general,
member of the state board of education,
chief justice of the supreme court, or
justice of the supreme
court. (3) "Internet" has the same meaning as in section 3517.106
of the Revised Code.
(G) An independent expenditure shall be reported
whenever
and in the same manner that an expenditure is required to be
reported
under this section and shall be reported pursuant to
division
(B)(2)(a) or (C)(2)(a) of section 3517.105 of the Revised
Code. (H)(1) Except as otherwise provided in division (H)(2)
of
this section, if, during the combined preelection and postelection
reporting periods
for an election, a campaign committee has
received contributions of five
hundred dollars or less and has
made expenditures in the total amount of five
hundred dollars or
less, it may file a statement to that effect, under penalty
of
election falsification, in lieu of the statement required by
division
(A)(2) of this section. The statement shall indicate the
total
amount of contributions received and the total amount of
expenditures made
during those combined reporting periods. (2) In the case of a successful candidate at a primary
election, if either
the
total contributions received by or the
total expenditures made by the
candidate's campaign committee
during the preprimary, postprimary, pregeneral,
and postgeneral
election periods combined equal more than five hundred
dollars,
the campaign committee may file the statement under division
(H)(1)
of this section only for the primary election. The first
statement that the
campaign committee files in regard to the
general election shall reflect all
contributions received and all
expenditures made during the preprimary and
postprimary election
periods. (3) Divisions (H)(1) and (2) of this section do not apply if
a
campaign committee receives contributions or makes expenditures
prior to the
first day of January of the year of the election at
which the
candidate seeks
nomination or election to office or if
the campaign committee does not file a
termination statement with
its postprimary election statement in the case of
an unsuccessful
primary election candidate or with its postgeneral election
statement in the case of other candidates. (I) In the case of a contribution made by a partnership or
unincorporated business, all of the following apply: (1) The recipient of the contribution shall report the
contribution by
listing both the partnership or unincorporated
business and the name of the
partner or owner making the
contribution. (2) For purposes of section 3517.102 of the Revised Code,
the contribution
shall be considered to have been made by the
partner or owner reported under
division (I)(1) of this section. (3) No contribution from a partnership or unincorporated
business shall be
accepted unless the recipient reports the
contribution under division (I)(1)
of this section. (J) A candidate shall have only one campaign committee at
any
given time for all of the offices for which the person is a
candidate or holds office. (K)(1) In addition to filing a designation of appointment
of
a treasurer under division
(D)(1) of this section, the campaign
committee of any candidate
for an elected municipal office that
pays an annual amount of
compensation of five thousand dollars or
less, the campaign
committee of any candidate for member of a
board of education
except member of the state board of education,
or the campaign
committee of any candidate for township trustee or
township
clerk may sign, under penalty of election falsification,
a
certificate attesting that the committee will not accept
contributions during an election period that exceed in the
aggregate two thousand dollars from all contributors and one
hundred dollars from any one individual, and that the campaign
committee will not make expenditures during an election period
that exceed in the aggregate two thousand dollars. The certificate shall be on a form prescribed by the
secretary of state and shall be filed not later than ten days
after the candidate files a declaration of candidacy and
petition,
a nominating petition, or a declaration of intent to
be a write-in
candidate.
(2) Except as otherwise provided in division (K)(3) of
this
section, a campaign committee that files a certificate
under
division (K)(1) of this section is not required to file the
statements
required by division (A) of this section 3517.10 of the
Revised Code. (3) If, after filing a certificate under division (K)(1)
of
this section, a campaign committee exceeds any of the
limitations
described in that division during an election
period, the
certificate is void and thereafter the campaign
committee shall
file the statements required by
division (A) of this section 3517.10 of
the Revised Code. If the
campaign committee has not previously
filed a statement, then on
the first statement the campaign
committee is required to file
under division (A) of this section
3517.10 of the Revised Code after
the committee's certificate is
void, the committee shall report all
contributions received and
expenditures made from the time the
candidate filed the
candidate's declaration of candidacy and
petition, nominating
petition, or declaration of intent to be a
write-in candidate.
(4) As used in division (K) of this section, "election
period" means the period of time beginning on the day a person
files a declaration of candidacy and petition, nominating
petition, or declaration of intent to be a write-in candidate
through the day of the election at which the person seeks
nomination to office if the person is not elected to office, or,
if the
candidate was nominated in a primary election,
the day of
the election at which the candidate seeks office. (L) Notwithstanding division
(B)(4) of this
section, a
political contributing entity that receives
contributions from the
dues, membership fees, or other assessments of its
members or from
its officers,
shareholders, and employees may report the aggregate
amount of
contributions received from those contributors and the
number of
individuals making those contributions, for each filing
period
identified under divisions (A)(1), (2), and
(3) of this
section. Division
(B)(4) of this section applies
to a political
contributing entity with regard to contributions
it receives from
all other contributors.
Sec. 3517.106. (A) As used in this section: (1) "Internet" means the international computer network
of
both federal and nonfederal interoperable packet switched
data
networks, including the graphical subnetwork called the
world wide
web. (2) "Statewide office" means any of the offices of
governor,
lieutenant governor, secretary of state, auditor of
state,
treasurer of state, attorney general, chief justice of
the supreme
court, and justice of the supreme court.
(3)(2) "Addendum to a statement" includes an amendment or other
correction to
that statement.
(B) The secretary of state
shall store on computer the
information contained in statements
of contributions and
expenditures and monthly statements required
to be filed under
section 3517.10 of the Revised
Code and in statements of
independent expenditures required to be filed
under section
3517.105 of the Revised Code
by any of the following: (1) The campaign committees of candidates for statewide
office; (2) The political action committees and political
contributing
entities described in
division (A)(1) of section
3517.11 of the
Revised
Code; (3) Legislative campaign funds; (4) State political parties; (5) Individuals, partnerships, corporations, labor
organizations, or other
entities that make
independent
expenditures in support of or opposition to a
statewide candidate
or a statewide ballot issue or
question; (6) The campaign committees of candidates for the office of
member
of the
general assembly. (C)(1) The secretary of state shall make
available to the
campaign committees, political action
committees, political
contributing entities, legislative
campaign funds, political
parties, individuals,
partnerships, corporations, labor
organizations, and other entities
described in division (B) of
this section, and to
members of the news
media and other
interested persons, for a reasonable fee,
computer programs that
are compatible with the secretary of state's
method of storing the
information contained in the statements. (2) The secretary of state shall make the information
required to be stored under division (B) of this section
available
on computer at the secretary of state's office so
that, to the
maximum extent feasible, individuals may obtain at
the secretary
of state's office any part or all of that information for
any
given year, subject to the limitation expressed in division
(D) of
this
section. (D) The secretary of state shall keep the information
stored
on computer
under division (B) of this section for at least six
years. (E)(1) Subject to the secretary of state having implemented,
tested, and verified the successful operation of any system the
secretary of
state prescribes pursuant to division (H)(1) of this
section and
divisions (C)(6)(b) and (D)(6) of section
3517.10
of
the Revised Code for the filing of campaign finance statements by
electronic means of
transmission,
the campaign
committee of each candidate for statewide office may
file the
statements prescribed by section 3517.10 of the
Revised
Code by electronic means of
transmission or, if the total amount
of the contributions received
or the total amount of the
expenditures made by the campaign
committee for the applicable
reporting period as specified in
division (A) of section 3517.10
of the Revised Code exceeds ten thousand
dollars, shall file those
statements by electronic means of transmission. Except as otherwise provided in this division,
within five
business days after a statement filed by a campaign committee of a
candidate for statewide office is received by the secretary of
state by
electronic or other means of transmission, the secretary
of state shall make
available online to the public
through the
internet, as provided in division (I) of this section,
the
contribution and expenditure information in that statement.
The
secretary
of state shall not make available online to the public
through the
internet any contribution or expenditure information
contained in a
statement for any candidate until the secretary of
state is able to make
available online to the public through the
internet the
contribution and expenditure information for all
candidates for a
particular office. As soon as the secretary of
state has
available all of that information, the secretary of
state shall
simultaneously make available online to the public
through the
internet the information for all candidates for a
particular
office. If a statement filed by electronic means of transmission
is
found to be incomplete or inaccurate after the
examination of the
statement for completeness and accuracy
pursuant to division
(B)(3)(a) of
section 3517.11 of the Revised
Code, the campaign
committee
shall file by electronic means of transmission any
addendum to the statement
that provides the
information necessary
to complete or correct the statement
or, if required by the
secretary of state under that division, an amended
statement. Within five business days after the secretary of state
receives from a
campaign committee of a candidate for statewide
office an addendum to the
statement or an amended statement by
electronic or other means of transmission
under this division
or
division (B)(3)(a)
of section 3517.11 of the Revised Code, the
secretary of state shall make the contribution
and expenditure
information
in the addendum or amended statement available online
to the public
through the internet as provided in division (I) of
this section. (2) Subject to division (E)(3) of this section and subject
to the
secretary of state having implemented, tested, and verified
the successful
operation of any system the secretary of state
prescribes pursuant to division
(H)(1) of this section and
divisions (C)(6)(b)
and (D)(6) of section 3517.10 of the Revised
Code for the filing
of campaign finance statements by electronic
means of transmission,
a
political
action committee and a political
contributing entity described in
division
(B)(2) of this section,
a legislative campaign fund, and
a state political party may file
the statements prescribed by
section 3517.10 of the
Revised
Code by electronic means of
transmission. Within five business days after
a statement filed by a
political action committee or a political
contributing entity
described in division
(B)(2) of this section, a legislative
campaign fund, or a state
political party is received by the
secretary of state by electronic or other
means of transmission,
the secretary of state shall make available online to
the public
through the internet, as provided in division (I) of this section,
the contribution and expenditure information in that statement. If a statement filed by electronic means of transmission is
found to be
incomplete or inaccurate after the examination of the
statement
for completeness and accuracy pursuant to division
(B)(3)(a) of section 3517.11 of
the Revised
Code, the political
action
committee, political contributing entity, legislative
campaign
fund, or state political party shall file by electronic
means of transmission
any addendum to the
statement that provides
the information necessary to complete or
correct the statement or,
if required by the secretary of state under that
division, an
amended statement. Within five business days after the secretary of state
receives from a
political action committee or a political
contributing entity described in division (B)(2) of this section,
a
legislative campaign fund, or a state political party an
addendum to the statement or an amended statement by electronic or
other means
of transmission under this
division or division
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of
state shall make the contribution and expenditure information in
the addendum
or amended statement
available online to the public
through the internet as provided in division (I) of this section. (3) Subject to the secretary of state having implemented,
tested, and
verified the successful operation of any system the
secretary of state
prescribes pursuant to division (H)(1) of this
section and divisions
(C)(6)(b) and (D)(6) of section 3517.10 of
the Revised Code
for the filing of campaign finance statements by
electronic means of
transmission,
a
political
action committee and a political contributing entity
described
in division (B)(2) of this
section, a legislative
campaign fund, and a state political party
shall file the
statements prescribed by section 3517.10 of the
Revised
Code by
electronic means of
transmission if the total amount of the
contributions received
or the total amount of the expenditures
made by the political
action committee, political contributing
entity, legislative
campaign fund, or political party for the
applicable reporting
period as specified in division
(A) of
section 3517.10 of the
Revised
Code exceeds ten thousand
dollars. Within five business days after a statement filed by a
political action
committee or a political contributing entity
described in division
(B)(2) of this section, a legislative
campaign fund, or a state
political party is received by the
secretary of state by electronic or other
means of transmission,
the secretary of state shall make available online to
the public
through the internet, as provided in division (I) of this section,
the contribution and expenditure information in
that statement. If a statement filed by electronic means of transmission
is
found to be incomplete or inaccurate after the
examination of the
statement for completeness and accuracy
pursuant to division
(B)(3)(a) of
section 3517.11 of the Revised
Code, the political
action
committee, political contributing entity, legislative
campaign
fund, or state political party shall file by electronic
means of transmission
any addendum to the
statement that provides
the information necessary to complete or
correct the statement or,
if required by the secretary of state under that
division, an
amended statement. Within five business days after the secretary of state
receives from a
political action committee or a political
contributing entity described in division (B)(2) of this section,
a
legislative campaign fund, or a state political party an
addendum to the statement or an amended statement by electronic or
other means
of transmission under this
division or division
(B)(3)(a) of section 3517.11 of the Revised Code, the secretary of
state
shall make the contribution and expenditure information in
the addendum or
amended statement available
online to the public
through the
internet as provided in division (I) of this section. (F)(1) Subject to division (F)(4) of this section and
subject to the secretary of
state having implemented, tested, and
verified the successful operation of any
system the secretary of
state prescribes pursuant to division (H)(1)
of this section and
divisions (C)(6)(b) and
(D)(6) of section 3517.10 of the Revised
Code for the filing of campaign
finance statements by electronic
means of transmission or on computer disk,
a campaign committee of a
candidate for the office of member
of the general assembly may
file the statements prescribed by
section 3517.10 of the
Revised
Code by electronic means of
transmission to the office of the secretary of state or, until March 1, 2004, on computer disk with
the appropriate board
of elections specified in division (A)(2) of
section 3517.11 of
the Revised Code. Except as otherwise provided in this division, within five
business days
after a statement filed by a campaign committee of a
candidate for the office
of member of the general assembly is
received by the secretary of state by
electronic or other means of
transmission,
the secretary of state shall make available online
to the public
through the internet, as provided in division (I) of
this section,
the contribution and expenditure information in
that
statement. The secretary
of state shall not make available online
to the public through the
internet any contribution or expenditure
information contained in a
statement for any candidate until the
secretary of state is able to make
available online to the public
through the internet the
contribution and expenditure information
for all candidates for a
particular office. As soon as the
secretary of state has
available all of that information, the
secretary of state shall
simultaneously make available online to
the public through the
internet the information for all candidates
for a particular
office. If a statement filed by electronic means of transmission or
on computer
disk
is found to be
incomplete or inaccurate after the
examination of the statement
for completeness and accuracy
pursuant to division
(B)(3)(a) of section 3517.11 of
the Revised
Code, the campaign committee
shall file by electronic means of
transmission to the office of the secretary
of state, or, until
March 1,
2004, on computer disk with the
appropriate board
of elections if the
original statement was filed on computer disk,
any addendum to the statement
that provides the
information
necessary to complete or correct the statement or, if required by
the secretary of state under that division, an amended statement. Within five business days after the secretary of state
receives from a
campaign committee of a candidate
for the office
of member of the general assembly an addendum to the
statement or
an amended statement by electronic or other means of transmission
under this division
or division (B)(3)(a) of section 3517.11 of
the Revised Code, the
secretary of
state shall
make the
contribution and expenditure information in the addendum or
amended
statement available online to
the public through the
internet as provided in division (I) of this
section. (2) Until
March 1,
2004, if a campaign committee of a
candidate for the office of member of the general assembly files
a
statement of contributions and expenditures, an addendum to
the
statement, or an amended statement by electronic means of
transmission or
on computer disk pursuant to division
(F)(1) of
this section, the campaign committee shall
file as prescribed by
section 3517.10 of the Revised Code with the appropriate
board of
elections specified in division
(A)(2) of section 3517.11 of the
Revised
Code a printed version of the
statement, addendum, or
amended statement filed by electronic means of
transmission or on
computer disk, in the format
that the secretary of state shall
prescribe.
If a statement,
addendum, or amended statement is not
filed by electronic means of
transmission or on computer disk but
is filed by printed version
only, the campaign committee shall
file two copies of the printed
version of the statement, addendum,
or amended statement with the
appropriate board of elections. The
board of elections shall send
one of those copies by overnight
delivery service to the secretary
of state before the close of
business on the day the board of
elections receives the statement,
addendum, or amended statement. (3)(a) Subject to division (F)(4) of this section and
subject to the secretary of state having implemented,
tested, and
verified the successful operation of any system the secretary of
state prescribes pursuant
to division (H)(1) of this section and
divisions
(C)(6)(b) and
(D)(6) of section 3517.10 of the
Revised
Code for the filing of campaign
finance statements by electronic
means of transmission or on computer disk,
the secretary of
state shall assess, and a campaign
committee of a candidate for the office of
member of the general
assembly shall pay, a fee
as provided in this
division if the
campaign committee has not filed the campaign
finance statements
prescribed by section 3517.10 of the Revised
Code by electronic
means of transmission or on computer disk pursuant
to
division
(F)(1) of this section. The fee shall be calculated on
the total
contributions received for the applicable reporting period
specified in division (A) of section 3517.10 of the Revised
Code
as follows: (i) No fee for total contributions up to and including ten
thousand dollars; (ii) A fee of fifty dollars for total contributions of over
ten
thousand dollars up to and including twenty-five thousand
dollars; (iii) A fee of one hundred fifty dollars for total
contributions
over twenty-five thousand dollars up to and
including fifty thousand dollars; (iv) A fee of two hundred dollars for total contributions
over
fifty thousand dollars. (b) No campaign committee of a candidate for the office of
member
of the general assembly shall be required to pay the fee
prescribed by
division (F)(3)(a) of this section in connection
with
the
filing of an addendum to a statement of contributions and
expenditures or in
connection with the filing of an amended
statement. (c) The fee prescribed by division (F)(3)(a) of
this section
shall be made payable to the secretary of state and shall be
collected by the appropriate board of elections at the time the
campaign committee of a candidate for the office of member of the
general assembly files the statement of contributions and
expenditures. The fee shall be sent along with the statement,
before the close of business on the day it is received, to the
secretary of state by overnight delivery service. (4) Subject to the secretary of state having implemented,
tested, and verified the successful operation of any system the
secretary of state prescribes pursuant to division (H)(1) of this
section and divisions (C)(6)(b) and (D)(6) of
section 3517.10 of
the Revised Code for the filing of campaign finance
statements by
electronic means of transmission, on and after
March
1,
2004, a
campaign committee of a candidate for the office of member
of the general
assembly shall file the statements prescribed by
section 3517.10 of
the Revised Code by electronic means of
transmission to the
secretary of state if the total amount of the
contributions
received by the campaign committee for the
applicable reporting
period as specified in division (A) of
section 3517.10 of the
Revised Code exceeds ten thousand dollars. Except as otherwise provided in this division,
within five
business days after a statement filed by a campaign committee of a
candidate for the office of member of the general assembly is
received by the
secretary of state by electronic or other means of
transmission,
the secretary of state shall make available online
to the public through the
internet, as provided in division (I) of
this section, the
contribution and expenditure information in that
statement. The secretary
of state shall not make available online
to the public through the
internet any contribution or expenditure
information contained in a
statement for any candidate until the
secretary of state is able to make
available online to the public
through the internet the
contribution and expenditure information
for all candidates for a
particular office. As soon as the
secretary of state has
available all of that information, the
secretary of state shall
simultaneously make available online to
the public through the
internet the information for all candidates
for a particular
office. If a statement filed by electronic means of transmission is
found
to be incomplete or inaccurate after the examination of the
statement for completeness and accuracy pursuant to division
(B)(3)(a) of section 3517.11 of the
Revised Code, the campaign
committee of a candidate for the
office of member of the general
assembly shall file by electronic means of
transmission any
addendum to the statement that provides the information
necessary
to complete or correct the statement or, if required by the
secretary of state under that division, an amended statement. Within five business days after the secretary of state
receives from a
campaign committee of a candidate
for the office
of member of the general assembly an addendum
to the statement or
an amended statement by electronic or other
means of transmission
under this division or division
(B)(3)(a) of
section 3517.11 of
the Revised Code, the secretary of state
shall
make the
contribution and expenditure information in the addendum or
amended
statement available online to the public through the
internet as provided in
division (I) of this section. (G)(1) Subject to division (G)(2) of this section and
subject to the secretary of state having implemented, tested, and
verified the
successful operation of any system the secretary of
state prescribes pursuant
to division (H)(1) of this section and
divisions
(C)(6)(b) and (D)(6) of section 3517.10 of the Revised
Code
for the filing of campaign finance statements by electronic
means of
transmission,
any
individual, partnership, or
other entity that makes independent
expenditures in support of or
opposition to a statewide candidate
or a statewide ballot issue or
question as provided in division
(B)(2)(b) or
(C)(2)(b) of section
3517.105 of the Revised Code may
file the statement
specified in
that division by electronic means
of transmission. Within five business days
after a statement filed by an
individual, partnership, or other entity is
received by the
secretary of state by electronic or other means of
transmission,
the secretary of state shall make
available
online to the public
through the internet, as provided in division
(I) of this section,
the expenditure
information in that statement. If a statement filed by electronic means of transmission is
found to be
incomplete or inaccurate after the
examination of the
statement for completeness and accuracy
pursuant to division
(B)(3)(a) of section 3517.11 of
the Revised
Code, the individual,
partnership, or other entity shall file by electronic means of
transmission any addendum to the statement that provides the
information necessary to complete or correct the statement or, if
required by the secretary of state under that division, an amended
statement. Within five business days after the secretary of state
receives from an
individual, partnership, or other entity
described in division
(B)(2)(b) or
(C)(2)(b) of section 3517.105
of
the Revised Code an addendum to the statement or an
amended
statement by electronic or other means of transmission under this
division or division (B)(3)(a) of section 3517.11 of
the
Revised
Code, the secretary of
state shall make the expenditure
information in the addendum or amended
statement
available online
to the public through the internet as provided in
division (I) of
this section.
(2) Subject to the secretary of state having implemented,
tested, and
verified the successful operation of any system the
secretary of state
prescribes pursuant to division (H)(1) of this
section and divisions
(C)(6)(b) and (D)(6) of section 3517.10 of
the Revised Code
for the filing of campaign finance statements by
electronic means of
transmission,
any individual, partnership, or
other entity that makes
independent
expenditures in support of or opposition to a
statewide
candidate or a statewide ballot issue or question as
provided in
division (B)(2)(b) or
(C)(2)(b) of section 3517.105 of
the
Revised Code shall file the statement
specified in that
division by electronic means of transmission if the total
amount
of the independent expenditures made during
the reporting period
under that division exceeds ten thousand dollars. Within five business days after
a statement filed by an
individual, partnership, or other entity is received
by the
secretary of state by electronic or other means of transmission,
the
secretary of
state shall make available online to the public
through the internet, as
provided in
division (I) of this section,
the expenditure information in that
statement. If a statement filed by electronic means of transmission is
found to be incomplete or inaccurate after the examination of
the
statement for completeness and accuracy pursuant to division
(B)(3)(a) of section 3517.11 of
the Revised
Code, the individual,
partnership, or other entity shall file by electronic means of
transmission
any addendum to the
statement that provides the
information necessary to complete or
correct the statement or, if
required by the secretary of state under that
division, an amended
statement. Within five business days after
the secretary of state
receives from
an individual, partnership, or other entity
described in division
(B)(2)(b) or (C)(2)(b) of
section 3517.105
of the Revised Code an addendum to the statement or an amended
statement by electronic or other means of transmission under this
division or
division (B)(3)(a) of section 3517.11 of the Revised
Code, the
secretary of state shall make the expenditure
information in the addendum
or amended statement available online
to the public
through the internet as provided in division (I) of
this section. (H)(1) The secretary of
state, by rule adopted pursuant to
section 3517.23 of the
Revised
Code, shall prescribe one or
more
techniques by which a person who executes
and transmits by
electronic means a statement of contributions
and expenditures, a
statement of independent expenditures, an
addendum to either
statement, an amended statement of contributions and
expenditures,
or an amended statement of independent expenditures under this
section or section
3517.10 or 3517.105 of the Revised
Code shall
electronically sign
the statement, addendum, or amended statement.
Any technique prescribed by
the secretary of state pursuant to
this division shall create an electronic
signature that satisfies
all of the following: (a) It is unique to the signer.
(b) It objectively identifies the signer. (c) It involves the use of a signature device or other means
or
method that is under the sole control of the signer and that
cannot be readily
duplicated or compromised. (d) It is created and linked to the electronic record to
which it
relates in a manner that, if the record or signature is
intentionally or
unintentionally changed after
signing, the
electronic signature is invalidated. (2) An electronic signature prescribed by the secretary of
state under
division
(H)(1) of this section shall be
attached to
or associated with the statement of contributions
and
expenditures, the statement of independent expenditures,
the
addendum to either statement, the amended statement of
contributions
and expenditures, or the amended statement of
independent expenditures
that is executed and
transmitted by
electronic means by the person to whom the
electronic signature is
attributed. The electronic signature
that is attached to or
associated with the statement, addendum, or amended
statement
under this division shall be binding on all persons and for all
purposes under the campaign finance reporting law as if the
signature had
been handwritten in ink on a printed form of the
statement,
addendum, or amended statement. (I) The secretary of state shall make the contribution and
expenditure information in all statements, all addenda to the
statements, and
all amended statements that are filed with the
secretary of state by
electronic or other means of transmission
under this section or section
3517.10, 3517.105, or 3517.11 of the
Revised Code available
online to the public by any means that are
searchable, viewable, and
accessible through the internet. (J)(1) As used in this division,
"library" means a library
that is open to the public and that is
one of the following: (a) A library that is maintained and regulated under section
715.13 of the Revised Code; (b) A library that is created, maintained, and regulated
under
Chapter 3375. of the Revised Code. (2) The secretary of state shall notify all libraries of the
location on the internet at which the contribution and expenditure
information
in
campaign finance statements required to be made
available online to the public
through the internet pursuant to
division (I) of this section may
be accessed.
If that location is part of
the
graphical subnetwork called the world wide web and if the
secretary of state
has notified a library of that world wide web
location as required by this division, the library shall include a
link to that world wide web location on each internet-connected
computer it maintains that is accessible to the public. (3) If the system the secretary of state prescribes for the
filing of campaign finance statements by electronic means of
transmission
pursuant
to division (H)(1) of this section and
divisions (C)(6)(b) and
(D)(6) of section 3517.10 of the
Revised
Code includes filing those statements
through the internet via an
interactive location on the graphical subnetwork
called the world
wide web, the
secretary of state shall notify all libraries of the
world wide
web location at which those statements may be filed.
If those statements may be
filed
through the internet via an interactive location on the
graphical
subnetwork called the world wide web and if the
secretary of state
has notified a library of that world wide web
location as required
by this division, the library shall include a
link to that world
wide web location on each internet-connected
computer it maintains
that is accessible to the public. (K) It is an affirmative defense to a complaint or charge
brought against any campaign committee, political action
committee,
legislative campaign fund, political party, political
contributing entity, or
individual, partnership, or other entity
for the failure to file by electronic
means of transmission a
campaign finance
statement as required by this section or section
3517.10 or 3517.105 of the Revised Code that
all of the
following
apply to the campaign committee, political action committee,
legislative campaign fund, political party, political contributing
entity, or
individual, partnership, or other entity that failed to
file the required
statement: (1) The campaign committee, political action committee,
legislative
campaign fund, political party, political contributing
entity, or individual,
partnership, or other entity attempted to
file by electronic means of
transmission the required
statement
prior to the deadline set forth in the applicable section. (2) The campaign committee, political action committee,
legislative
campaign fund, political party, political contributing
entity, or individual,
partnership, or other entity was unable to
file by electronic means of
transmission due to an
expected or
unexpected shutdown of the whole or part of the electronic
campaign finance statement-filing system, such as for maintenance
or because
of hardware, software, or network connection failure. (3) The campaign committee, political action committee,
legislative
campaign fund, political party, political contributing
entity, or individual,
partnership, or other entity filed by
electronic means of
transmission the required statement within a
reasonable period of time after
being unable to so file it under
the circumstance described in division
(K)(2) of this section.
Sec. 3517.11. (A)(1) Campaign committees of candidates
for
statewide offices or the state board of education, political
action committees or political contributing entities that make
contributions to campaign committees
of candidates that are
required to file the statements prescribed by section
3517.10 of
the Revised Code with the secretary of state,
political action
committees or political contributing entities that
make
contributions to campaign
committees of candidates for member of
the general assembly,
political action committees or political
contributing entities that
make contributions to state and
national political parties and to legislative campaign
funds,
political action committees or political contributing entities
that
receive contributions or make expenditures in connection with
a
statewide ballot issue, political action committees or political
contributing entities that make
contributions to other political
action committees or political
contributing entities, political
parties, and campaign committees, except as set forth in division
(A)(3) of this section, legislative campaign funds,
and state and
national political parties
shall file the statements prescribed by
section 3517.10 of the
Revised Code with the secretary of state. (2) Except as otherwise provided in division (F)
of section
3517.106
of the Revised Code, campaign committees of candidates
for all other
offices shall file the statements prescribed by
section 3517.10
of the Revised Code with the board of elections
where their
candidates are required to file their petitions or
other papers
for nomination or election. A campaign committee of a candidate for office of member of
the
general assembly shall file two copies of the printed version
of
any statement, addendum, or amended statement if the committee
does not file by electronic means of transmission or on computer
disk pursuant to division (F)(1) of section 3517.106 of the
Revised Code but files by printed version only with
the
appropriate board of elections. The board of elections shall send
one of
those copies by overnight delivery service to the secretary
of state
before the close of business on the day the board of
elections
receives the statement, addendum, or amended statement. (3) Political action committees or political contributing
entities
that only contribute to a
county political party,
contribute to campaign committees of
candidates whose nomination
or election is to be submitted only
to electors within a county,
subdivision, or district, excluding
candidates for member of the
general assembly, and receive
contributions or make expenditures
in connection with ballot
questions or issues to be submitted only
to electors within a
county, subdivision, or district shall file
the statements
prescribed by section 3517.10 of the Revised Code
with the board
of elections in that county or in the county
contained in whole
or part within the subdivision or district
having a population
greater than that of any other county
contained in whole or part
within that subdivision or district, as
the case may be. (4) County political parties shall file the statements
prescribed by section 3517.10 of the Revised Code with the board
of elections of their respective counties. (B)(1) The official with whom petitions and other papers for
nomination or election to public office are filed shall furnish
each candidate at the time of that filing a copy of
sections
3517.01, 3517.08 to 3517.11,
3517.13 to 3517.993, 3599.03,
and
3599.031 of the Revised Code and any other materials that the
secretary of
state may require. Each candidate receiving the
materials shall acknowledge
their receipt in writing.
(2) On or before the tenth day before the dates on which
statements are required to be filed by section 3517.10 of the
Revised Code, every candidate subject to the provisions of this
section and sections 3517.10 and
3517.106 of the Revised
Code
shall be notified
of the requirements and applicable penalties of
those sections.
The secretary of state, by certified mail, return
receipt
requested, shall
notify all candidates required to file
those statements with the secretary of state's office. The
board
of elections of every
county shall notify by first class mail any
candidate who has
personally appeared at the office of the board
on or before the
tenth day before the statements are required to
be
filed and signed a form,
to be provided by the secretary of
state, attesting that the
candidate has been notified of the
candidate's obligations
under the campaign
finance law. The board
shall forward the completed form to
the
secretary of state. The
board shall use certified mail,
return receipt requested, to
notify all other candidates required
to file those statements with
it. (3)(a) Any statement required to be filed under sections
3517.081
to 3517.17 of the Revised Code that is found
to be
incomplete or inaccurate by the officer to whom it is submitted
shall be
accepted on a conditional basis, and the person who filed
it
shall be notified by certified mail as to the incomplete or
inaccurate nature of the statement. The secretary of state
may
examine statements filed for candidates for the office of
member
of the general assembly for completeness and accuracy.
The secretary of state shall examine
for
completeness and accuracy statements that
campaign committees
of candidates for the office
of member of the general assembly
file by electronic means of transmission
pursuant to division (F)
of section 3517.106
of the Revised Code. If
an officer at the
board of elections where a statement filed for a candidate
for the
office of member of the general
assembly was submitted finds the
statement to be incomplete or
inaccurate, the officer shall
immediately notify the
secretary of state of
its incomplete or
inaccurate nature. If either an officer at the
board of elections
or the secretary of state finds a statement filed for a
candidate
for the office of member of the general
assembly to be incomplete
or inaccurate, only the
secretary of state shall send the
notification as to the incomplete or
inaccurate nature of the
statement. Within twenty-one
days
after
receipt of the notice, in the
case of a
pre-election statement, a
postelection
statement, a monthly statement, or an annual statement
prescribed
by section 3517.10, an annual statement
prescribed by section
3517.101, or a statement
prescribed by
division (B)(2)(b) or
(C)(2)(b) of section 3517.105 or
section 3517.107 of the
Revised
Code,
the recipient shall file an addendum, amendment, or other
correction to the statement providing
the information necessary to
complete or correct the statement.
The secretary of state may
require that, in lieu of filing
an addendum, amendment, or other
correction to a statement that
is filed by electronic means of
transmission to the office of
the secretary of state or on
computer disk with the appropriate board of
elections pursuant to
section 3517.106 of the
Revised Code, the recipient of the
notice
described in this division file by electronic means of
transmission,
or, until
March 1,
2004, on computer disk
with the appropriate
board of elections if the original
statement
was filed on computer disk, an amended statement that incorporates
the information necessary
to complete or correct the statement.
The secretary of state shall determine by rule when an addendum,
amendment, or other correction to a
two-business-day statement
prescribed by section 3517.10 of
the Revised Code or an amended
two-business-day statement shall be
filed. An addendum,
amendment, or other
correction to a statement that is filed by
electronic means of transmission or
on computer disk pursuant to
section 3517.106 of the Revised Code shall be filed in the same
manner as the
statement. The provisions of sections 3517.10 and
3517.106 of the Revised Code pertaining to
the filing of
statements of contributions and expenditures and statements of
independent expenditures by electronic means of transmission or on
computer
disk apply to the filing of addenda, amendments, or other
corrections to those
statements by electronic means of
transmission or, until
March 1,
2004, on computer disk and
the
filing of amended statements by electronic means of
transmission or, until
March 1,
2004, on
computer disk. (b) Within five business days after the secretary
of state
receives, by electronic or other means of transmission, an
addendum,
amendment, or other correction to a statement or an
amended statement under
division (B)(3)(a) of this section, the
secretary of
state, pursuant to divisions (E), (F), (G), and
(I)
of section 3517.106 of the Revised Code, shall make the
contribution and
expenditure information in that
addendum,
amendment, correction, or amended statement available online to
the
public through the internet. As used in this division,
"internet" has the
same
meaning as in section 3517.106 of the
Revised Code. (4)(a) The secretary of state or
the board of elections
shall
examine all statements for compliance with sections 3517.08
to
3517.17 of the Revised Code.
(b) The secretary of state may contract with an individual
or entity not associated with the
secretary of state and
experienced in interpreting the campaign finance
law of this state
to conduct examinations of statements filed
by
any statewide
candidate, as defined in section
3517.103 of the
Revised Code. (c) The examination shall be conducted
by a person or entity
qualified to conduct it. The results of the
examination
shall be
available to the public, and, when the examination is
conducted by
an individual or entity not associated with the secretary of
state, the
results of the examination shall be reported to the
secretary of state. (C)(1) In the event of a failure to file or a late filing
of
a statement required to be filed under sections 3517.081 to
3517.17 of the Revised Code or if a filed statement or any
addendum to the statement, if an addendum is required to be
filed,
is incomplete or inaccurate or appears to disclose a failure to
comply with or a
violation of law, the official whose duty
it is
to examine the statement shall promptly file a complaint
with the
Ohio elections commission
under section 3517.153 of the Revised
Code if the law is one over which the
commission has
jurisdiction
to hear complaints, or the official
shall promptly report the
failure or violation to the board of elections and the board shall
promptly
report it to the prosecuting attorney in accordance with
division (J)
of section 3501.11 of the Revised Code. If the
official
files a complaint with the
commission, the commission
shall proceed in accordance with sections 3517.154
to 3517.157 of
the Revised Code. (2) For purposes of division (C)(1) of this section, a
statement
or an addendum to a statement required to be
filed under
sections 3517.081 to 3517.17 of the
Revised
Code is incomplete or
inaccurate under this section if the statement or addendum fails
to disclose substantially all contributions that are received
from
a source and that are required to be reported under
sections
3517.10, 3517.107, and 3517.108 of the
Revised
Code or if the
statement or
addendum fails to disclose at least ninety per cent
of the total
contributions received or of the total expenditures
made during
the reporting period. (D) No certificate of nomination or election shall be
issued
to a person, and no person elected to an office
shall enter upon
the performance of the duties of
that office, until that person or
that
person's campaign
committee, as
appropriate, has fully
complied with this section
and sections
3517.08, 3517.081,
3517.10, and 3517.13 of the Revised Code.
Sec. 5145.31. (A) As used in this section: (1) "Computer,", "computer," "computer network," "computer
system," "computer
services," "telecommunications service," and
"information service" have the
same meanings as in section 2913.01
of the Revised Code.
(2) "Internet" has the same meaning as in section 341.42 of
the Revised Code.
(B) No officer or employee of a correctional institution
under
the control or supervision of the department of
rehabilitation and correction
shall provide a prisoner access to
or permit a prisoner to have access to the
internet through the
use of a computer, computer network, computer system,
computer
services, telecommunications service, or information service
unless
both of the following apply: (1) The prisoner is participating in an approved educational
program with direct supervision that requires the use of the
internet for training or research purposes. (2) The provision of and access to the internet is in
accordance
with rules promulgated by the department of
rehabilitation and
correction pursuant to section 5120.62 of the
Revised Code. (C)(1) No prisoner in a correctional institution under the
control or supervision of the department of rehabilitation and
correction
shall access the
internet through the use of a
computer, computer network, computer
system, computer services,
telecommunications service, or
information service unless both of
the following apply: (a) The prisoner is participating in an approved educational
program with direct supervision that requires the use of the
internet for
training or research
purposes. (b) The provision of and access to the internet is in
accordance
with rules promulgated by the department of
rehabilitation and correction
pursuant to section
5120.62 of the
Revised Code. (2) Whoever violates division (C)(1) of this section is
guilty of
improper internet access, a misdemeanor of the first
degree.
Sec. 5703.49.
(A)
As used in this section, "internet"
means
the
international computer network of both federal and
nonfederal
interoperable packet switched data networks, including
the
graphical
subnetwork known as the world wide web. (B) On or before December 31, 2001, the tax commissioner
shall
establish an electronic site accessible through the
internet. The tax
commissioner shall
provide access on the site
for
each municipal corporation that has not established its own
electronic
site to post documents or information required under
section 718.07 of the Revised Code. The tax commissioner
shall
provide electronic links for each
municipal corporation that
establishes a site under that section and for which
a uniform
resource locator has been provided to the tax commissioner. The
tax
commissioner is not responsible for the accuracy of the
posted
information, and is not liable for any inaccurate or
outdated
information provided by a municipal corporation. The tax
commissioner may adopt rules governing the format and
means of
submitting such documents or information and other matters
necessary to implement this section. The tax commissioner may
charge municipal corporations a fee to defray the cost of
establishing
and maintaining the electronic site established under
this
section.
(C)(B) The tax commissioner shall deposit any fees received
under this section to the credit of the municipal internet site
fund, which is hereby created in the state treasury. The
commissioner shall use the fund for costs of establishing and
maintaining the electronic site established under this section.
SECTION 2. That existing sections 1.59, 9.08, 9.314, 9.48, 101.691, 113.40, 125.04,
125.072, 149.38, 149.432, 307.12, 341.42, 505.10, 718.07, 721.15, 753.32, 955.013,
1306.16, 2307.64, 3517.10, 3517.106, 3517.11, 5145.31, and 5703.49 of the
Revised Code
are hereby repealed.
SECTION 3. (A) There is hereby created the Ohio Privacy/Public Record Access Study Committee consisting of twenty-three members. The President of the Senate shall appoint three members, the Speaker of the House of Representatives shall appoint three members, the Governor shall appoint sixteen members, and the Chief Justice of the Supreme Court shall appoint one member. Of the three members appointed by the President of the Senate, two shall represent the Senate majority caucus, and one shall represent the Senate minority caucus. Of the three members appointed by the Speaker of the House of Representatives, two shall represent the House majority caucus, and one shall represent the House minority caucus. Of the sixteen members appointed by the Governor, one shall represent the newspaper industry, one shall be in broadcasting, one shall be an attorney in private practice who specializes in public records law, one shall be a local elected official with responsibility for public records, one shall represent law enforcement agencies, one shall be an attorney from the Attorney General's office who specializes in public records law, one shall represent the insurance industry in Ohio, one shall represent the media, one shall represent an information services company, one shall represent realtors, one shall represent the credit industry, one shall represent the legal records industry, one shall represent the financial services industry, one shall be a consumers' advocate, one shall represent the Ohio Historical Society or be the Records Information Management System Administrator from the Department of Administrative Services, and one shall represent the public. The Chief Justice of the Supreme Court shall appoint a judge or other representative of the judicial branch.
(B) The Committee shall study all of the following:
(1) The concerns associated with the dissemination of personal information contained in public records, including, but not limited to, identity theft, misuse, harassment, and fraud;
(2) The legitimate uses of personal information contained in public records by businesses, governments, the legal community, and others, including, but not limited to, its use in combating identity theft and fraud;
(3) The costs to state and local governments associated with placing restrictions on access to personal information contained in public records;
(4) The impact, including costs, on legitimate businesses, law enforcement, the legal community, government agencies, and others of access restrictions placed on personal information contained in public records;
(5) The impact of protecting the disclosure of personal information contained in public records through the sealing of documents by court rule;
(6) Electronic, internet, and bulk access to personal information contained in public records;
(7) Current and potential future misuse, fraud, harassment, and identify theft prevention and detection efforts, including programs to educate the public on ways to avoid becoming victims, as well as procedures to streamline recovery;
(8) Existing criminal and civil penalties for misuse of personal information contained in public records and an examination of whether those penalties should be increased as a deterrent.
(C) The Committee shall develop a unified approach to preventing theft, fraud, and the misuse of personal information contained in public records while maintaining access and use of public records for lawful purposes. The Committee shall consult with the Supreme Court Advisory Committee on Technology and the Courts on issues relating to access to and use of court records and shall make use of work product and recommendations developed by the Advisory Committee with regard to access to and use of court records.
(D) The Committee shall submit a report of its findings to the President of the Senate, the Speaker of the House of Representatives, the Minority Leader of the Senate, the Minority Leader of the House of Representatives, the Governor, and the Chief Justice of the Supreme Court not later than twelve months after the appointment of all of the members of the Committee. The report shall be approved by a majority of the members of the Committee and shall include a detailed statement of the Committee's findings, conclusions, and recommendations.
(E) Any vacancy in the membership of the Committee shall be filled in the same manner in which the original appointment was made.
(F) The President of the Senate and the Speaker of the House of Representative shall designate co-chairpersons of the Committee when the President of the Senate and the Speaker of the House of Representatives appoint the members to the Committee.
(G) All meetings of the Committee are public meetings and shall be open to the public at all times. A member of the Committee must be present in person at a meeting that is open to the public in order to be considered present or to vote at the meeting and for the purposes of determining whether a quorum is present. The committee shall promptly prepare, file, and maintain the minutes of the committee meetings, and the committee minutes shall be public records under section 149.43 of the Revised Code. The committee shall give reasonable notice of committee meetings so that any person may determine the time and place of all scheduled meetings. The committee shall not hold a meeting unless it gives at least twenty-four hours' advance notice to the news media organizations that have requested notification of the Committee's meetings.
SECTION 4. That Section 3.18 of Am. Sub. H.B. 95 of the 125th General Assembly, as amended by Sub. H.B. 127 of the 125th General Assembly, be amended to read as follows: Sec. 3.18. The amendments of section 5739.033 of the Revised Code in Sections 3.16 and 3.17 of Am. Sub. H.B. 95 of the 125th General Assembly provide for or are essential to the implementation of a tax levy. Therefore, under Ohio Constitution, Article II, Section 1d, those Sections amendments are not subject to the referendum and go into effect January 1, 2005 July 1, 2005.
SECTION 5. That existing Section 3.18 of Am. Sub. H.B. 95 of the 125th General Assembly, as amended by Sub. H.B. 127 of the 125th General Assembly, is hereby repealed.
SECTION 6. That Section 4 of Am. Sub. H.B. 168 of the 125th General Assembly be amended to read as follows: Sec. 4. Notwithstanding Section 3 of Am. Sub. S.B. 143 of the 124th General Assembly, as subsequently amended by Section 8 of Sub. S.B. 47 of the 125th General Assembly and Section 134.14 of Am. Sub. H.B. 95 of the 125th General Assembly, the enactment of section 5741.05 of the Revised Code by Am. Sub. S.B. 143 of the 124th General Assembly shall take effect January July 1, 2005. The General Assembly intends by enacting this section to clarify that the operation of section 5741.05 of the Revised Code was to be coordinated with the revised effective dates to amended section 5739.033 of the Revised Code that were made by Sub. S.B. 47 of the 125th General Assembly and Sub. H.B. 127 of the 125th General Assembly.
SECTION 7. That existing Section 4 of Am. Sub. H.B. 168 of the 125th General Assembly is hereby repealed.
SECTION 8. (A) For sales made on or after January 1, 2005, but before July 1, 2005, a vendor licensed under section 5739.17 of the Revised Code may source sales in accordance with the version of section 5739.033 of the Revised Code that, under this act, takes effect July 1, 2005, as long as the vendor complies with that section.
(B) If a vendor sources sales under division (A) of this section, the vendor shall continue from that point forward to source all of its sales in compliance with the version of section 5739.033 of the Revised Code that, under this act, takes effect July 1, 2005.
SECTION 9. Sections 4 to 9 of this act, and the items of which they are composed, provide for or are essential to implementation of a tax levy. Therefore, under Ohio Constitution, Article II, Section 1d, Sections 4 to 9 of this act, and the items of which they are composed, are not subject to the referendum and go into immediate effect when this act becomes law.
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