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H. B. No. 151 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Representatives McGregor, Carney
A BILL
To amend sections 3517.13, 3517.151, and 3517.992 and
to enact sections 5501.70 to 5501.83 of the
Revised Code to authorize the Department of
Transportation to enter into public-private
partnership agreements.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3517.13, 3517.151, and 3517.992 be
amended and sections 5501.70, 5501.71, 5501.72, 5501.73, 5501.74,
5501.75, 5501.76, 5501.77, 5501.78, 5501.79, 5501.80, 5501.81,
5501.82, and 5501.83 of the Revised Code be enacted to read as
follows:
Sec. 3517.13. (A)(1) No campaign committee of a statewide
candidate shall fail to file a complete and accurate statement
required under division (A)(1) of section 3517.10 of the Revised
Code.
(2) No campaign committee of a statewide candidate shall fail
to file a complete and accurate monthly statement, and no campaign
committee of a statewide candidate or a candidate for the office
of chief justice or justice of the supreme court shall fail to
file a complete and accurate two-business-day statement, as
required under section 3517.10 of the Revised Code.
As used in this division, "statewide candidate" has the same
meaning as in division (F)(2) of section 3517.10 of the Revised
Code.
(B) No campaign committee shall fail to file a complete and
accurate statement required under division (A)(1) of section
3517.10 of the Revised Code.
(C) No campaign committee shall fail to file a complete and
accurate statement required under division (A)(2) of section
3517.10 of the Revised Code.
(D) No campaign committee shall fail to file a complete and
accurate statement required under division (A)(3) or (4) of
section 3517.10 of the Revised Code.
(E) No person other than a campaign committee shall knowingly
fail to file a statement required under section 3517.10 or
3517.107 of the Revised Code.
(F) No person shall make cash contributions to any person
totaling more than one hundred dollars in each primary, special,
or general election.
(G)(1) No person shall knowingly conceal or misrepresent
contributions given or received, expenditures made, or any other
information required to be reported by a provision in sections
3517.08 to 3517.13 and 3517.17 of the Revised Code.
(2)(a) No person shall make a contribution to a campaign
committee, political action committee, political contributing
entity, legislative campaign fund, political party, or person
making disbursements to pay the direct costs of producing or
airing electioneering communications in the name of another
person.
(b) A person does not make a contribution in the name of
another when either of the following applies:
(i) An individual makes a contribution from a partnership or
other unincorporated business account, if the contribution is
reported by listing both the name of the partnership or other
unincorporated business and the name of the partner or owner
making the contribution as required under division (I) of section
3517.10 of the Revised Code.
(ii) A person makes a contribution in that person's spouse's
name or in both of their names.
(H) No person within this state, publishing a newspaper or
other periodical, shall charge a campaign committee for political
advertising a rate in excess of the rate such person would charge
if the campaign committee were a general rate advertiser whose
advertising was directed to promoting its business within the same
area as that encompassed by the particular office that the
candidate of the campaign committee is seeking. The rate shall
take into account the amount of space used, as well as the type of
advertising copy submitted by or on behalf of the campaign
committee. All discount privileges otherwise offered by a
newspaper or periodical to general rate advertisers shall be
available upon equal terms to all campaign committees.
No person within this state, operating a radio or television
station or network of stations in this state, shall charge a
campaign committee for political broadcasts a rate that exceeds:
(1) During the forty-five days preceding the date of a
primary election and during the sixty days preceding the date of a
general or special election in which the candidate of the campaign
committee is seeking office, the lowest unit charge of the station
for the same class and amount of time for the same period;
(2) At any other time, the charges made for comparable use of
that station by its other users.
(I) Subject to divisions (K), (L), (M), and (N) of this
section, no agency or department of this state or any political
subdivision shall award any contract, other than one let by
competitive bidding or a contract incidental to such contract or
which is by force account, for the purchase of goods costing more
than five hundred dollars or services costing more than five
hundred dollars to any individual, partnership, association,
including, without limitation, a professional association
organized under Chapter 1785. of the Revised Code, estate, or
trust if the individual has made or the individual's spouse has
made, or any partner, shareholder, administrator, executor, or
trustee or the spouse of any of them has made, as an individual,
within the two previous calendar years, one or more contributions
totaling in excess of one thousand dollars to the holder of the
public office having ultimate responsibility for the award of the
contract or to the public officer's campaign committee.
(J) Subject to divisions (K), (L), (M), and (N) of this
section, no agency or department of this state or any political
subdivision shall award any contract, other than one let by
competitive bidding or a contract incidental to such contract or
which is by force account, for the purchase of goods costing more
than five hundred dollars or services costing more than five
hundred dollars to a corporation or business trust, except a
professional association organized under Chapter 1785. of the
Revised Code, if an owner of more than twenty per cent of the
corporation or business trust or the spouse of that person has
made, as an individual, within the two previous calendar years,
taking into consideration only owners for all of that period, one
or more contributions totaling in excess of one thousand dollars
to the holder of a public office having ultimate responsibility
for the award of the contract or to the public officer's campaign
committee.
(K) For purposes of divisions (I) and (J) of this section, if
a public officer who is responsible for the award of a contract is
appointed by the governor, whether or not the appointment is
subject to the advice and consent of the senate, excluding members
of boards, commissions, committees, authorities, councils, boards
of trustees, task forces, and other such entities appointed by the
governor, the office of the governor is considered to have
ultimate responsibility for the award of the contract.
(L) For purposes of divisions (I) and (J) of this section, if
a public officer who is responsible for the award of a contract is
appointed by the elected chief executive officer of a municipal
corporation, or appointed by the elected chief executive officer
of a county operating under an alternative form of county
government or county charter, excluding members of boards,
commissions, committees, authorities, councils, boards of
trustees, task forces, and other such entities appointed by the
chief executive officer, the office of the chief executive officer
is considered to have ultimate responsibility for the award of the
contract.
(M)(1) Divisions (I) and (J) of this section do not apply to
contracts awarded by the board of commissioners of the sinking
fund, municipal legislative authorities, boards of education,
boards of county commissioners, boards of township trustees, or
other boards, commissions, committees, authorities, councils,
boards of trustees, task forces, and other such entities created
by law, by the supreme court or courts of appeals, by county
courts consisting of more than one judge, courts of common pleas
consisting of more than one judge, or municipal courts consisting
of more than one judge, or by a division of any court if the
division consists of more than one judge. This division shall
apply to the specified entity only if the members of the entity
act collectively in the award of a contract for goods or services.
(2) Divisions (I) and (J) of this section do not apply to
actions of the controlling board.
(N)(1) Divisions (I) and (J) of this section apply to
contributions made to the holder of a public office having
ultimate responsibility for the award of a contract, or to the
public officer's campaign committee, during the time the person
holds the office and during any time such person was a candidate
for the office. Those divisions do not apply to contributions made
to, or to the campaign committee of, a candidate for or holder of
the office other than the holder of the office at the time of the
award of the contract.
(2) Divisions (I) and (J) of this section do not apply to
contributions of a partner, shareholder, administrator, executor,
trustee, or owner of more than twenty per cent of a corporation or
business trust made before the person held any of those positions
or after the person ceased to hold any of those positions in the
partnership, association, estate, trust, corporation, or business
trust whose eligibility to be awarded a contract is being
determined, nor to contributions of the person's spouse made
before the person held any of those positions, after the person
ceased to hold any of those positions, before the two were
married, after the granting of a decree of divorce, dissolution of
marriage, or annulment, or after the granting of an order in an
action brought solely for legal separation. Those divisions do not
apply to contributions of the spouse of an individual whose
eligibility to be awarded a contract is being determined made
before the two were married, after the granting of a decree of
divorce, dissolution of marriage, or annulment, or after the
granting of an order in an action brought solely for legal
separation.
(O) No beneficiary of a campaign fund or other person shall
convert for personal use, and no person shall knowingly give to a
beneficiary of a campaign fund or any other person, for the
beneficiary's or any other person's personal use, anything of
value from the beneficiary's campaign fund, including, without
limitation, payments to a beneficiary for services the beneficiary
personally performs, except as reimbursement for any of the
following:
(1) Legitimate and verifiable prior campaign expenses
incurred by the beneficiary;
(2) Legitimate and verifiable ordinary and necessary prior
expenses incurred by the beneficiary in connection with duties as
the holder of a public office, including, without limitation,
expenses incurred through participation in nonpartisan or
bipartisan events if the participation of the holder of a public
office would normally be expected;
(3) Legitimate and verifiable ordinary and necessary prior
expenses incurred by the beneficiary while doing any of the
following:
(a) Engaging in activities in support of or opposition to a
candidate other than the beneficiary, political party, or ballot
issue;
(b) Raising funds for a political party, political action
committee, political contributing entity, legislative campaign
fund, campaign committee, or other candidate;
(c) Participating in the activities of a political party,
political action committee, political contributing entity,
legislative campaign fund, or campaign committee;
(d) Attending a political party convention or other political
meeting.
For purposes of this division, an expense is incurred
whenever a beneficiary has either made payment or is obligated to
make payment, as by the use of a credit card or other credit
procedure or by the use of goods or services received on account.
(P) No beneficiary of a campaign fund shall knowingly accept,
and no person shall knowingly give to the beneficiary of a
campaign fund, reimbursement for an expense under division (O) of
this section to the extent that the expense previously was
reimbursed or paid from another source of funds. If an expense is
reimbursed under division (O) of this section and is later paid or
reimbursed, wholly or in part, from another source of funds, the
beneficiary shall repay the reimbursement received under division
(O) of this section to the extent of the payment made or
reimbursement received from the other source.
(Q) No candidate or public official or employee shall accept
for personal or business use anything of value from a political
party, political action committee, political contributing entity,
legislative campaign fund, or campaign committee other than the
candidate's or public official's or employee's own campaign
committee, and no person shall knowingly give to a candidate or
public official or employee anything of value from a political
party, political action committee, political contributing entity,
legislative campaign fund, or such a campaign committee, except
for the following:
(1) Reimbursement for legitimate and verifiable ordinary and
necessary prior expenses not otherwise prohibited by law incurred
by the candidate or public official or employee while engaged in
any legitimate activity of the political party, political action
committee, political contributing entity, legislative campaign
fund, or such campaign committee. Without limitation, reimbursable
expenses under this division include those incurred while doing
any of the following:
(a) Engaging in activities in support of or opposition to
another candidate, political party, or ballot issue;
(b) Raising funds for a political party, legislative campaign
fund, campaign committee, or another candidate;
(c) Attending a political party convention or other political
meeting.
(2) Compensation not otherwise prohibited by law for actual
and valuable personal services rendered under a written contract
to the political party, political action committee, political
contributing entity, legislative campaign fund, or such campaign
committee for any legitimate activity of the political party,
political action committee, political contributing entity,
legislative campaign fund, or such campaign committee.
Reimbursable expenses under this division do not include, and
it is a violation of this division for a candidate or public
official or employee to accept, or for any person to knowingly
give to a candidate or public official or employee from a
political party, political action committee, political
contributing entity, legislative campaign fund, or campaign
committee other than the candidate's or public official's or
employee's own campaign committee, anything of value for
activities primarily related to the candidate's or public
official's or employee's own campaign for election, except for
contributions to the candidate's or public official's or
employee's campaign committee.
For purposes of this division, an expense is incurred
whenever a candidate or public official or employee has either
made payment or is obligated to make payment, as by the use of a
credit card or other credit procedure, or by the use of goods or
services on account.
(R)(1) Division (O) or (P) of this section does not prohibit
a campaign committee from making direct advance or post payment
from contributions to vendors for goods and services for which
reimbursement is permitted under division (O) of this section,
except that no campaign committee shall pay its candidate or other
beneficiary for services personally performed by the candidate or
other beneficiary.
(2) If any expense that may be reimbursed under division (O),
(P), or (Q) of this section is part of other expenses that may not
be paid or reimbursed, the separation of the two types of expenses
for the purpose of allocating for payment or reimbursement those
expenses that may be paid or reimbursed may be by any reasonable
accounting method, considering all of the surrounding
circumstances.
(3) For purposes of divisions (O), (P), and (Q) of this
section, mileage allowance at a rate not greater than that allowed
by the internal revenue service at the time the travel occurs may
be paid instead of reimbursement for actual travel expenses
allowable.
(S)(1) As used in division (S) of this section:
(a) "State elective office" has the same meaning as in
section 3517.092 of the Revised Code.
(b) "Federal office" means a federal office as defined in the
Federal Election Campaign Act.
(c) "Federal campaign committee" means a principal campaign
committee or authorized committee as defined in the Federal
Election Campaign Act.
(2) No person who is a candidate for state elective office
and who previously sought nomination or election to a federal
office shall transfer any funds or assets from that person's
federal campaign committee for nomination or election to the
federal office to that person's campaign committee as a candidate
for state elective office.
(3) No campaign committee of a person who is a candidate for
state elective office and who previously sought nomination or
election to a federal office shall accept any funds or assets from
that person's federal campaign committee for that person's
nomination or election to the federal office.
(T)(1) Except as otherwise provided in division (B)(6)(c) of
section 3517.102 of the Revised Code, a state or county political
party shall not disburse moneys from any account other than a
state candidate fund to make contributions to any of the
following:
(a) A state candidate fund;
(b) A legislative campaign fund;
(c) A campaign committee of a candidate for the office of
governor, lieutenant governor, secretary of state, auditor of
state, treasurer of state, attorney general, member of the state
board of education, or member of the general assembly.
(2) No state candidate fund, legislative campaign fund, or
campaign committee of a candidate for any office described in
division (T)(1)(c) of this section shall knowingly accept a
contribution in violation of division (T)(1) of this section.
(U) No person shall fail to file a statement required under
section 3517.12 of the Revised Code.
(V) No campaign committee shall fail to file a statement
required under division (K)(3) of section 3517.10 of the Revised
Code.
(W)(1) No foreign national shall, directly or indirectly
through any other person or entity, make a contribution,
expenditure, or independent expenditure or promise, either
expressly or implicitly, to make a contribution, expenditure, or
independent expenditure in support of or opposition to a candidate
for any elective office in this state, including an office of a
political party.
(2) No candidate, campaign committee, political action
committee, political contributing entity, legislative campaign
fund, state candidate fund, political party, or separate
segregated fund shall solicit or accept a contribution,
expenditure, or independent expenditure from a foreign national.
The secretary of state may direct any candidate, committee,
entity, fund, or party that accepts a contribution, expenditure,
or independent expenditure in violation of this division to return
the contribution, expenditure, or independent expenditure or, if
it is not possible to return the contribution, expenditure, or
independent expenditure, then to return instead the value of it,
to the contributor.
(3) As used in division (W) of this section, "foreign
national" has the same meaning as in section 441e(b) of the
Federal Election Campaign Act.
(X)(1) No state or county political party shall transfer any
moneys from its restricted fund to any account of the political
party into which contributions may be made or from which
contributions or expenditures may be made.
(2)(a) No state or county political party shall deposit a
contribution or contributions that it receives into its restricted
fund.
(b) No state or county political party shall make a
contribution or an expenditure from its restricted fund.
(3)(a) No corporation or labor organization shall make a gift
or gifts from the corporation's or labor organization's money or
property aggregating more than ten thousand dollars to any one
state or county political party for the party's restricted fund in
a calendar year.
(b) No state or county political party shall accept a gift or
gifts for the party's restricted fund aggregating more than ten
thousand dollars from any one corporation or labor organization in
a calendar year.
(4) No state or county political party shall transfer any
moneys in the party's restricted fund to any other state or county
political party.
(5) No state or county political party shall knowingly fail
to file a statement required under section 3517.1012 of the
Revised Code.
(Y) The administrator of workers' compensation and the
employees of the bureau of workers' compensation shall not conduct
any business with or award any contract, other than one awarded by
competitive bidding, for the purchase of goods costing more than
five hundred dollars or services costing more than five hundred
dollars to any individual, partnership, association, including,
without limitation, a professional association organized under
Chapter 1785. of the Revised Code, estate, or trust, if the
individual has made, or the individual's spouse has made, or any
partner, shareholder, administrator, executor, or trustee, or the
spouses of any of those individuals has made, as an individual,
within the two previous calendar years, one or more contributions
totaling in excess of one thousand dollars to the campaign
committee of the governor or lieutenant governor or to the
campaign committee of any candidate for the office of governor or
lieutenant governor.
(Z) The administrator of workers' compensation and the
employees of the bureau of workers' compensation shall not conduct
business with or award any contract, other than one awarded by
competitive bidding, for the purchase of goods costing more than
five hundred dollars or services costing more than five hundred
dollars to a corporation or business trust, except a professional
association organized under Chapter 1785. of the Revised Code, if
an owner of more than twenty per cent of the corporation or
business trust, or the spouse of the owner, has made, as an
individual, within the two previous calendar years, taking into
consideration only owners for all of such period, one or more
contributions totaling in excess of one thousand dollars to the
campaign committee of the governor or lieutenant governor or to
the campaign committee of any candidate for the office of governor
or lieutenant governor.
(AA)(1) A private entity shall not make or submit an
unsolicited proposal for a public-private initiative under section
5501.72 of the Revised Code if the private entity has made, or if
any owner of more than twenty per cent of the private entity, or
the spouse of such an owner has made, as an individual, within the
previous calendar year, taking into consideration only owners for
all of such period, one or more contributions to the campaign
committee of the governor or lieutenant governor or to the
campaign committee of any candidate for the office of governor or
lieutenant governor.
(2) The department of transportation shall not accept an
unsolicited proposal for a public-private initiative from a
private entity under section 5501.72 of the Revised Code if the
private entity that is proposing the public-private initiative has
made, or if any owner of more than twenty per cent of the private
entity, or the spouse of the owner, has made, as an individual,
within the previous calendar year, taking into consideration only
owners for all of such period, one or more contributions to the
campaign committee of the governor or lieutenant governor or to
the campaign committee of any candidate for the office of governor
or lieutenant governor.
(3) During the term of any public-private agreement entered
into under section 5501.73 of the Revised Code that was proposed
under section 5501.72 of the Revised Code, and for one calendar
year after the termination of that public-private agreement, no
operator, and no owner of more than twenty per cent of the
operator, or the spouse of such an owner, shall make a
contribution to the campaign committee of the governor or
lieutenant governor or to the campaign committee of any candidate
for the office of governor or lieutenant governor.
(4) As used in division (AA) of this section, "operator,"
"private entity," "public-private agreement," and "public-private
initiative" have the same meanings as in section 5501.70 of the
Revised Code.
Sec. 3517.151. (A) On and after January 1, 1996, complaints
with respect to acts or failures to act under the sections listed
in division (A) of section 3517.153 of the Revised Code shall be
filed with the Ohio elections commission created under section
3517.152 of the Revised Code.
(B)(1) If a complaint filed with the Ohio elections
commission created under section 3517.152 of the Revised Code
alleges an act or failure to act that occurred before August 24,
1995, and the commission imposes a fine, sections 3517.99 and
3517.991 of the Revised Code, and not sections 3517.992 and
3517.993 of the Revised Code, shall apply.
(2) If a complaint filed with the Ohio elections commission
created under section 3517.152 of the Revised Code alleges an act
or failure to act that is a violation of section 3517.13 of the
Revised Code, former divisions (A) to (R) of that section apply to
the act or failure to act if it occurred before August 24, 1995,
former divisions (A) to (U) of that section apply to the act or
failure to act if it occurs on or after August 24, 1995, but
before July 13, 1998, former divisions (A) to (V) of that section
apply to the act or failure to act if it occurs on or after July
13, 1998, but before December 22, 1999, former divisions (A) to
(W) of that section apply to the act or failure to act if it
occurs on or after December 22, 1999, but before March 31, 2005,
former divisions (A) to (X) of that section apply to the act or
failure to act if it occurs on or after March 31, 2005, and but
before September 29, 2005, former divisions (A) to (Z) of that
section apply to the act or failure to act if it occurs on or
after the effective date of this amendment September 29, 2005, but
before the effective date of this amendment, and divisions (A) to
(AA) of that section apply to the act or failure to act if it
occurs on or after the effective date of this amendment.
(C) The Ohio elections commission created under section
3517.14 of the Revised Code is abolished at the close of business
on December 31, 1995.
Sec. 3517.992. This section establishes penalties only with
respect to acts or failures to act that occur on and after August
24, 1995.
(A)(1) A candidate whose campaign committee violates division
(A), (B), (C), (D), or (V) of section 3517.13 of the Revised Code,
or a treasurer of a campaign committee who violates any of those
divisions, shall be fined not more than one hundred dollars for
each day of violation.
(2) Whoever violates division (E) or (X)(5) of section
3517.13 or division (E)(1) of section 3517.1014 of the Revised
Code shall be fined not more than one hundred dollars for each day
of violation.
(B) A political party that violates division (F)(1) of
section 3517.101 of the Revised Code shall be fined not more than
one hundred dollars for each day of violation.
(C) Whoever violates division (F)(2) of section 3517.101,
division (G) of section 3517.13, or division (E)(2) or (3) of
section 3517.1014 of the Revised Code shall be fined not more than
ten thousand dollars or, if the offender is a person who was
nominated or elected to public office, shall forfeit the
nomination or the office to which the offender was elected, or
both.
(D) Whoever violates division (F) of section 3517.13 of the
Revised Code shall be fined not more than three times the amount
contributed.
(E) Whoever violates division (H) of section 3517.13 of the
Revised Code shall be fined not more than one hundred dollars.
(F) Whoever violates division (O), (P), or (Q) of section
3517.13 of the Revised Code is guilty of a misdemeanor of the
first degree.
(G) A state or county committee of a political party that
violates division (B)(1) of section 3517.18 of the Revised Code
shall be fined not more than twice the amount of the improper
expenditure.
(H) A state or county political party that violates division
(G) of section 3517.101 of the Revised Code shall be fined not
more than twice the amount of the improper expenditure or use.
(I)(1) Any individual who violates division (B)(1) of section
3517.102 of the Revised Code and knows that the contribution the
individual makes violates that division shall be fined an amount
equal to three times the amount contributed in excess of the
amount permitted by that division.
(2) Any political action committee that violates division
(B)(2) of section 3517.102 of the Revised Code shall be fined an
amount equal to three times the amount contributed in excess of
the amount permitted by that division.
(3) Any campaign committee that violates division (B)(3) or
(5) of section 3517.102 of the Revised Code shall be fined an
amount equal to three times the amount contributed in excess of
the amount permitted by that division.
(4)(a) Any legislative campaign fund that violates division
(B)(6) of section 3517.102 of the Revised Code shall be fined an
amount equal to three times the amount transferred or contributed
in excess of the amount permitted by that division, as applicable.
(b) Any state political party, county political party, or
state candidate fund of a state political party or county
political party that violates division (B)(6) of section 3517.102
of the Revised Code shall be fined an amount equal to three times
the amount transferred or contributed in excess of the amount
permitted by that division, as applicable.
(c) Any political contributing entity that violates division
(B)(7) of section 3517.102 of the Revised Code shall be fined an
amount equal to three times the amount contributed in excess of
the amount permitted by that division.
(5) Any political party that violates division (B)(4) of
section 3517.102 of the Revised Code shall be fined an amount
equal to three times the amount contributed in excess of the
amount permitted by that division.
(6) Notwithstanding divisions (I)(1), (2), (3), (4), and (5)
of this section, no violation of division (B) of section 3517.102
of the Revised Code occurs, and the secretary of state shall not
refer parties to the Ohio elections commission, if the amount
transferred or contributed in excess of the amount permitted by
that division meets either of the following conditions:
(a) It is completely refunded within five business days after
it is accepted.
(b) It is completely refunded on or before the tenth business
day after notification to the recipient of the excess transfer or
contribution by the board of elections or the secretary of state
that a transfer or contribution in excess of the permitted amount
has been received.
(J)(1) Any campaign committee that violates division (C)(1),
(2), (3), or (6) of section 3517.102 of the Revised Code shall be
fined an amount equal to three times the amount accepted in excess
of the amount permitted by that division.
(2)(a) Any county political party that violates division
(C)(4)(a)(ii) or (iii) of section 3517.102 of the Revised Code
shall be fined an amount equal to three times the amount accepted.
(b) Any county political party that violates division
(C)(4)(a)(i) of section 3517.102 of the Revised Code shall be
fined an amount from its state candidate fund equal to three times
the amount accepted in excess of the amount permitted by that
division.
(c) Any state political party that violates division
(C)(4)(b) of section 3517.102 of the Revised Code shall be fined
an amount from its state candidate fund equal to three times the
amount accepted in excess of the amount permitted by that
division.
(3) Any legislative campaign fund that violates division
(C)(5) of section 3517.102 of the Revised Code shall be fined an
amount equal to three times the amount accepted in excess of the
amount permitted by that division.
(4) Any political action committee or political contributing
entity that violates division (C)(7) of section 3517.102 of the
Revised Code shall be fined an amount equal to three times the
amount accepted in excess of the amount permitted by that
division.
(5) Notwithstanding divisions (J)(1), (2), (3), and (4) of
this section, no violation of division (C) of section 3517.102 of
the Revised Code occurs, and the secretary of state shall not
refer parties to the Ohio elections commission, if the amount
transferred or contributed in excess of the amount permitted to be
accepted by that division meets either of the following
conditions:
(a) It is completely refunded within five business days after
its acceptance.
(b) It is completely refunded on or before the tenth business
day after notification to the recipient of the excess transfer or
contribution by the board of elections or the secretary of state
that a transfer or contribution in excess of the permitted amount
has been received.
(K)(1) Any legislative campaign fund that violates division
(F)(1) of section 3517.102 of the Revised Code shall be fined
twenty-five dollars for each day of violation.
(2) Any legislative campaign fund that violates division
(F)(2) of section 3517.102 of the Revised Code shall give to the
treasurer of state for deposit into the state treasury to the
credit of the Ohio elections commission fund all excess
contributions not disposed of as required by division (E) of
section 3517.102 of the Revised Code.
(L) Whoever violates section 3517.105 of the Revised Code
shall be fined one thousand dollars.
(M)(1) Whoever solicits a contribution in violation of
section 3517.092 or violates division (B) of section 3517.09 of
the Revised Code is guilty of a misdemeanor of the first degree.
(2) Whoever knowingly accepts a contribution in violation of
division (B) or (C) of section 3517.092 of the Revised Code shall
be fined an amount equal to three times the amount accepted in
violation of either of those divisions and shall return to the
contributor any amount so accepted. Whoever unknowingly accepts a
contribution in violation of division (B) or (C) of section
3517.092 of the Revised Code shall return to the contributor any
amount so accepted.
(N) Whoever violates division (S) of section 3517.13 of the
Revised Code shall be fined an amount equal to three times the
amount of funds transferred or three times the value of the assets
transferred in violation of that division.
(O) Any campaign committee that accepts a contribution or
contributions in violation of section 3517.108 of the Revised
Code, uses a contribution in violation of that section, or fails
to dispose of excess contributions in violation of that section
shall be fined an amount equal to three times the amount accepted,
used, or kept in violation of that section.
(P) Any political party, state candidate fund, legislative
candidate fund, or campaign committee that violates division (T)
of section 3517.13 of the Revised Code shall be fined an amount
equal to three times the amount contributed or accepted in
violation of that section.
(Q) A treasurer of a committee or another person who violates
division (U) of section 3517.13 of the Revised Code shall be fined
not more than two hundred fifty dollars.
(R)(1) Whoever violates division (I) or (J) of section
3517.13 of the Revised Code shall be fined not more than one
thousand dollars. Whenever a person is found guilty of violating
division (I) or (J) of section 3517.13 of the Revised Code, the
contract awarded in violation of either of those divisions shall
be rescinded if its terms have not yet been performed.
(2) Whoever violates division (AA) of section 3517.13 of the
Revised Code shall be fined not more than one thousand dollars.
Whenever a person, private entity, or operator is found guilty of
violating division (AA) of section 3517.13 of the Revised Code,
the public-private agreement shall be terminated if its terms have
not yet been performed.
As used in division (R)(2) of this section, "operator,"
"private entity," and "public-private agreement" have the same
meanings as in section 5501.70 of the Revised Code.
(S) A candidate whose campaign committee violates or a
treasurer of a campaign committee who violates section 3517.081 of
the Revised Code, and a candidate whose campaign committee
violates or a treasurer of a campaign committee or another person
who violates division (C) of section 3517.10 of the Revised Code,
shall be fined not more than five hundred dollars.
(T) A candidate whose campaign committee violates or a
treasurer of a committee who violates division (B) of section
3517.09 of the Revised Code, or a candidate whose campaign
committee violates or a treasurer of a campaign committee or
another person who violates division (C) of section 3517.09 of the
Revised Code shall be fined not more than one thousand dollars.
(U) Whoever violates section 3517.20 of the Revised Code
shall be fined not more than five hundred dollars.
(V) Whoever violates section 3517.21 or 3517.22 of the
Revised Code shall be imprisoned for not more than six months or
fined not more than five thousand dollars, or both.
(W) A campaign committee that is required to file a
declaration of no limits under division (D)(2) of section 3517.103
of the Revised Code that, before filing that declaration, accepts
a contribution or contributions that exceed the limitations
prescribed in section 3517.102 of the Revised Code, shall return
that contribution or those contributions to the contributor.
(X) Any campaign committee that fails to file the declaration
of filing-day finances required by division (F) of section
3517.109 of the Revised Code or the declaration of primary-day
finances or declaration of year-end finances required by division
(E) of section 3517.1010 of the Revised Code shall be fined
twenty-five dollars for each day of violation.
(Y)(1) Any campaign committee that fails to dispose of excess
funds or excess aggregate contributions under division (B) of
section 3517.109 of the Revised Code in the manner required by
division (C) of that section or under division (B) of section
3517.1010 of the Revised Code in the manner required by division
(C) of that section shall give to the treasurer of state for
deposit into the Ohio elections commission fund created under
division (I) of section 3517.152 of the Revised Code all funds not
disposed of pursuant to those divisions.
(2) Any treasurer of a transition fund that fails to dispose
of assets remaining in the transition fund as required under
division (H)(1) or (2) of section 3517.1014 of the Revised Code
shall give to the treasurer of state for deposit into the Ohio
elections commission fund all assets not disposed of pursuant to
that division.
(Z) Any individual, campaign committee, political action
committee, political contributing entity, legislative campaign
fund, political party, treasurer of a transition fund, or other
entity that violates any provision of sections 3517.09 to 3517.12
of the Revised Code for which no penalty is provided for under any
other division of this section shall be fined not more than one
thousand dollars.
(AA)(1) Whoever knowingly violates division (W)(1) of section
3517.13 of the Revised Code shall be fined an amount equal to
three times the amount contributed, expended, or promised in
violation of that division or ten thousand dollars, whichever
amount is greater.
(2) Whoever knowingly violates division (W)(2) of section
3517.13 of the Revised Code shall be fined an amount equal to
three times the amount solicited or accepted in violation of that
division or ten thousand dollars, whichever amount is greater.
(BB) Whoever knowingly violates division (C) or (D) of
section 3517.1011 of the Revised Code shall be fined not more than
ten thousand dollars plus not more than one thousand dollars for
each day of violation.
(CC)(1) Subject to division (CC)(2) of this section, whoever
violates division (H) of section 3517.1011 of the Revised Code
shall be fined an amount up to three times the amount disbursed
for the direct costs of airing the communication made in violation
of that division.
(2) Whoever has been ordered by the Ohio elections commission
or by a court of competent jurisdiction to cease making
communications in violation of division (H) of section 3517.1011
of the Revised Code who again violates that division shall be
fined an amount equal to three times the amount disbursed for the
direct costs of airing the communication made in violation of that
division.
(DD)(1) Any corporation or labor organization that violates
division (X)(3)(a) of section 3517.13 of the Revised Code shall be
fined an amount equal to three times the amount given in excess of
the amount permitted by that division.
(2) Any state or county political party that violates
division (X)(3)(b) of section 3517.13 of the Revised Code shall be
fined an amount equal to three times the amount accepted in excess
of the amount permitted by that division.
(EE)(1) Any campaign committee or person who violates
division (C)(1)(b) or (c) of section 3517.1014 of the Revised Code
shall be fined an amount equal to three times the amount donated
in excess of the amount permitted by that division.
(2) Any officeholder or treasurer of a transition fund who
violates division (C)(3)(a) or (b) of section 3517.1014 of the
Revised Code shall be fined an amount equal to three times the
amount accepted in excess of the amount permitted by that
division.
Sec. 5501.70. As used in sections 5501.70 to 5501.83 of the
Revised Code:
(A) "Affected jurisdiction" means any unit of government
within the state in which all or part of a transportation facility
is located or any other public entity directly affected by the
transportation facility.
(B) "Force majeure" means an uncontrollable force or natural
disaster not within the power of the operator or the state.
(C) "Maintenance" includes routine maintenance, major
maintenance, and any other categories of maintenance that may be
designated by the department of transportation.
(D) "Material default" means any failure of an operator to
perform any duties under a public-private agreement that
jeopardizes delivery of adequate service to the public and remains
unsatisfied after a reasonable period of time and after the
operator has received written notice from the department of the
failure.
(E) "Operate" means any action to maintain, repair, improve,
equip, or modify a transportation facility.
(F) "Operator" means a private entity that has entered into a
public-private agreement under sections 5501.71 to 5501.83 of the
Revised Code.
(G) "Private entity" means any natural person, corporation,
general partnership, limited liability company, limited
partnership, joint venture, business trust, public benefit
corporation, nonprofit entity, or other business entity.
(H) "Public-private agreement" means the agreement between a
private entity and the department that relates to the development,
financing, maintenance, or operation of a transportation facility
subject to sections 5501.70 to 5501.83 of the Revised Code.
(I) "Public-private initiative" means an arrangement between
the department and one or more private entities, the terms of
which are stated in a public-private agreement, that provides for
all of the following:
(1) Acceptance of a private contribution, including a money
payment, for a project or service for a transportation facility;
(2) Sharing of resources and the means of providing a project
or service for a transportation facility;
(3) Cooperation in researching, developing, and implementing
projects or services for a transportation facility.
(J) "Transportation facility" has the same meaning as in
section 5501.01 of the Revised Code and also includes a tunnel,
ferry, seaport facility, intermodal facility, or similar facility
open to the public and used for the transportation of persons or
goods, and any building, structure, parking area, or other
appurtenances or property needed to operate a transportation
facility that is subject to a public-private agreement.
(K) "User fee" means a rate, toll, fee, or other charge
imposed by an operator for use of all or part of a transportation
facility.
(L) "Utility" means a privately, publicly, or cooperatively
owned line, facility, or system for producing, transmitting, or
distributing communications, cable television, power, electricity,
light, heat, gas, oil, crude products, water, steam, waste, storm
water not connected with highway drainage, alternative or
renewable energy sources such as wind or solar, or any other
similar commodity, including a fire or police signal system or
street lighting system that directly or indirectly serves the
public.
Sec. 5501.71. (A) The department of transportation may
solicit, receive, consider, evaluate, and accept a proposal for a
public-private initiative.
(B) In soliciting and selecting a private entity with which
to enter into a public-private initiative, the department shall
use any one or more of the following:
(2) Selection of proposals, with or without negotiations,
based on qualifications, best value, or both;
(3) Any competitive selection process that the department
determines to be appropriate or reasonable.
(C) The department shall consider the following factors in
evaluating and selecting a bid or proposal to enter into a
public-private initiative:
(1) The ability of the transportation facility to improve
safety, reduce congestion, increase capacity, and promote economic
growth;
(2) The extent that the private entity's proposal addresses
the needs identified in the appropriate state, regional, or local
transportation plan by improving safety, reducing congestion,
increasing capacity, or enhancing economic efficiency and the
private entity's proposal corresponds with the state, regional, or
local transportation improvement plan;
(3) The proposed cost of and financial plan for the
transportation facility;
(4) The general reputation, qualifications, industry
experience, and financial capacity of the private entity;
(5) The proposed design, operation, and feasibility of the
transportation facility;
(6) Comments from local citizens and affected jurisdictions;
(7) Benefits to the public and the affected transportation
facility;
(8) The safety record of the private entity;
(9) Any other criteria that the department considers
appropriate.
(D) The department may select multiple private entities with
which to enter a public-private agreement for a transportation
facility if it is in the public interest to do so.
(E) The department shall select a private entity or entities
for a public-private initiative on a competitive basis to the
maximum extent practicable.
(F) Any materials or data submitted to, made available to, or
received by the director of transportation, to the extent that the
material or data consist of trade secrets, as defined in section
1333.61 of the Revised Code, or commercial or financial
information, are confidential and are not public records for the
purposes of section 149.43 of the Revised Code. Prior to
submission of a solicited proposal, a private entity may request a
review by the department of information that the private entity
has identified as confidential, to determine whether such
information would be subject to disclosure under section 149.43 of
the Revised Code.
(G) Sections 5501.70 to 5501.83 of the Revised Code control
in any conflict with any state or local statute, rule, regulation,
or ordinance relating to solicited proposals.
Sec. 5501.72. (A) The department of transportation may
receive, consider, evaluate, and accept an unsolicited proposal
for a public-private initiative if the proposal meets all of the
following:
(1) Addresses the needs identified in the appropriate state,
regional, or local transportation plan by improving safety,
reducing congestion, increasing capacity, or enhancing economic
efficiency and the proposal corresponds with the state, regional,
or local transportation improvement plan;
(2) Is independently originated and developed by the
proposer;
(4) Is prepared without department supervision;
(5) Includes sufficient detail and information for the
department to evaluate the proposal in an objective and timely
manner;
(6) Is made by a private entity that is not prohibited from
making an unsolicited proposal under division (AA)(1) of section
3517.13 of the Revised Code.
(B) Within ninety days after receiving an unsolicited
proposal, the department shall undertake a preliminary evaluation
of the unsolicited proposal to determine if the proposal complies
with the requirements of division (A) of this section.
(C) Any materials or data submitted to, made available to, or
received by the director of transportation under this section, to
the extent that the material or data consist of trade secrets, as
defined in section 1333.61 of the Revised Code, or commercial or
financial information, are confidential and are not public records
for the purposes of section 149.43 of the Revised Code, regardless
of whether the department accepts or rejects the proposal. Prior
to submission of an unsolicited proposal or a competing proposal,
a private entity may request a review by the department of
information that the private entity has identified as confidential
to determine whether such information would be subject to
disclosure under section 149.43 of the Revised Code.
(D) If the unsolicited proposal does not comply with division
(A) of this section, the department shall return the proposal
without further action.
(E) If the unsolicited proposal complies with division (A) of
this section, the department may continue to evaluate the proposal
in accordance with this section.
(F)(1) If the unsolicited proposal complies with division (A)
of this section, the department shall advertise the unsolicited
proposal for the purpose of receiving competitive proposals for
the proposed transportation facility.
(2) The advertisement shall outline the general nature and
scope of the unsolicited proposal, including the location of the
transportation facility and the work to be performed on or in
connection with the transportation facility and shall specify an
address to which a competing proposal may be submitted.
(3) The advertisement shall specify a reasonable time period
by which competitors must submit a competing proposal to the
department.
(G) The department shall charge a reasonable fee to cover its
costs to process, review, and evaluate an unsolicited proposal and
any competing proposals.
(H) Upon receipt of any competing proposals, the department
shall do all of the following:
(1) Determine if any competing proposal is comparable in
nature and scope to the original unsolicited proposal;
(2) Evaluate the original unsolicited proposal and any
comparable competing proposal;
(3) Conduct any good faith discussions and, if necessary, any
negotiations concerning each qualified proposal.
(I) The department shall evaluate an unsolicited proposal and
any comparable competing proposal using the following factors:
(1) Novel methods, approaches, or concepts demonstrated by
the proposal;
(2) Scientific, technical, or socioeconomic merits of the
proposal;
(3) Potential contribution of the proposal to the
department's mission;
(4) Capabilities, related experience, facilities, or
techniques of the private entity or unique combinations of these
qualities that are integral factors for achieving the proposal
objectives;
(5) Qualifications, capabilities, and experience of the
proposed principal investigator, team leader, or key personnel,
who are critical to achieving the proposal objectives;
(6) How the proposal benefits the public;
(7) Any other factors appropriate to a particular proposal.
(J) After evaluating the unsolicited proposal and any
competing proposals, the department may do any of the following:
(1) Accept the unsolicited proposal and reject any competing
proposals;
(2) Reject the unsolicited proposal and accept a comparable
competing proposal if the department determines that the
comparable competing proposal is the most advantageous to the
state;
(3) Accept both an unsolicited proposal and a competing
proposal if accepting both proposals is advantageous to the state;
(4) Reject the unsolicited proposal and any competing
proposals.
(K) Sections 5501.70 to 5501.83 of the Revised Code control
in any conflict with any state or local statute, rule, regulation,
or ordinance relating to unsolicited proposals.
Sec. 5501.73. (A) After selecting a solicited or unsolicited
proposal for a public-private initiative, the department of
transportation, with the prior approval of the controlling board,
shall enter into a public-private agreement for a transportation
facility with the selected private entity or any configuration of
private entities. An affected jurisdiction may be a party to a
public-private agreement entered into by the department and a
selected private entity or combination of private entities.
(B) A public-private agreement under this section shall
provide for all of the following:
(1) Planning, acquisition, financing, development, design,
construction, reconstruction, replacement, improvement,
maintenance, management, repair, leasing, or operation of a
transportation facility;
(2) Term of the public-private agreement, subject to division
(D) of this section;
(3) Type of property interest, if any, the private entity
will have in the transportation facility;
(4) Description of the actions the department may take to
ensure proper maintenance of the transportation facility;
(5) Whether user fees will be collected on the transportation
facility and the basis by which such user fees shall be determined
and modified;
(6) Compliance with applicable federal, state, and local
laws;
(7) Grounds for termination of the public-private agreement
by the department or operator;
(8) Procedures for amendment of the agreement.
(C) A public-private agreement under this section may provide
for any of the following:
(1) Review and approval by the department of the operator's
plans for the development and operation of the transportation
facility;
(2) Inspection by the department of construction of or
improvements to the transportation facility;
(3) Maintenance by the operator of a policy of liability
insurance or self-insurance;
(4) Filing by the operator, on a periodic basis, of
appropriate financial statements in a form acceptable to the
department;
(5) Filing by the operator, on a periodic basis, of traffic
reports in a form acceptable to the department;
(6) Financing obligations of the operator and the department;
(7) Apportionment of expenses between the operator and the
department;
(8) Rights and duties of the operator, the department, and
other state and local governmental entities with respect to use of
the transportation facility;
(9) Rights and remedies available in the event of default or
delay;
(10) Terms and conditions of indemnification of the operator
by the department;
(11) Assignment, subcontracting, or other delegation of
responsibilities of the operator or the department under the
agreement to third parties, including other private entities and
other state agencies;
(12) Sale or lease to the operator of private property
related to the transportation facility;
(13) Traffic enforcement and other policing issues, including
any reimbursement by the private entity for such services.
(D) Any public-private agreement entered into under this
section may be for a period not to exceed the then current
two-year period for which appropriations have been made by the
general assembly to the department; provided, that any agreement
may be renewed for succeeding two-year periods when the general
assembly enacts sufficient appropriations to the department for
each successive biennium. Any such agreement may include, without
limitation, any agreement by the department with respect to any
costs of transportation facilities to be included prior to
acquisition and construction of such transportation facilities.
Any such agreement shall not constitute a debt or pledge of the
faith and credit of the state, or of any political subdivision of
the state, and the operator shall have no right to have taxes or
excises levied by the general assembly, or the taxing authority of
any political subdivision of the state, for payments under the
agreement. Any such agreement shall contain a statement to that
effect.
Sec. 5501.74. In the event of termination of the
public-private agreement, the authority and duties of the operator
cease, except for any duties and obligations that extend beyond
the termination as provided in the public-private agreement, and
the transportation facility reverts to the department of
transportation and shall be dedicated to the department for public
use.
Sec. 5501.75. (A) Upon the occurrence and during the
continuation of material default by an operator, not related to an
event of force majeure, the department of transportation may do
the following:
(1) Elect to take over the transportation facility, including
the succession of all right, title, and interest in the
transportation facility, subject to any liens on revenues
previously granted by the private entity;
(2) Terminate the public-private agreement and exercise any
other available rights and remedies.
(B) In the event that the department elects to take over a
transportation facility, the department shall collect and pay any
revenues that are subject to lien to satisfy any obligation and
may do the following:
(1) Develop and operate the transportation facility, impose
user fees for the use of the transportation facility, and comply
with any service contracts;
(2) Solicit proposals for the maintenance and operation of
the transportation facility under section 5501.71 of the Revised
Code.
Sec. 5501.76. Obligations may be issued under section 5531.10
of the Revised Code for the purpose of providing funds to carry
out sections 5501.70 to 5501.83 of the Revised Code with respect
to the development or financing of a transportation facility.
Sec. 5501.77. (A) For the purposes of carrying out sections
5501.70 to 5501.83 of the Revised Code, the department of
transportation may do all of the following:
(1) Accept, subject to applicable terms and conditions,
available funds from the United States or any of its agencies,
whether the funds are made available by grant, loan, or other
financial assistance;
(2) Enter into agreements or other arrangements with the
United States or any of its agencies as may be necessary;
(3) Accept from any source any grant, donation, gift, or
other form of conveyance of land, money, other real or personal
property, or other item of value made to the state or the
department.
(B) Any transportation facility may be financed in whole or
in part by contribution of any funds or property made by any
private entity or affected jurisdiction that is party to a
public-private agreement under sections 5501.70 to 5501.83 of the
Revised Code.
(C) The department may combine federal, state, local, and
private funds to finance a transportation facility under sections
5501.70 to 5501.83 of the Revised Code.
Sec. 5501.78. A transportation facility and any tangible
personal property used exclusively with a transportation facility
that is owned by the department of transportation and leased,
licensed, financed, or otherwise conveyed to an operator, or that
is acquired, constructed, or otherwise provided by an operator on
behalf of the department, is exempt from all ad valorem property
taxes and special assessments levied against property by the state
or any political subdivision of the state.
Sec. 5501.79. The department of transportation may acquire
property, rights-of-way, or other rights in property for
transportation projects that are part of a public-private
initiative in accordance with Chapter 163. of the Revised Code.
If, at the request of a private entity, the department proposes to
acquire property, rights-of-way, or other rights in property in
accordance with Chapter 163. of the Revised Code, the director of
transportation first shall make a finding that the acquisition
serves the public purposes of sections 5501.70 to 5501.83 of the
Revised Code and also shall require the private party to pay the
costs of the acquisition.
Sec. 5501.80. All law enforcement officers of the state and
of an affected local jurisdiction shall have the same powers and
jurisdiction within the limits of the transportation facility as
they have in their respective areas of jurisdiction and access to
the transportation facility at any time for the purpose of
exercising such powers and jurisdiction.
Sec. 5501.81. An operator under sections 5501.70 to 5501.83
of the Revised Code and any utility whose facility is to be
crossed or relocated shall cooperate fully in planning and
arranging the manner of the crossing or relocation of the utility
facility.
Sec. 5501.82. Nothing in sections 5501.70 to 5501.83 of the
Revised Code shall be construed or deemed to limit any waiver of
the sovereign immunity of the state or any officer or employee of
the state with respect to the participation in or approval of all
or any part of the transportation facility or its operation.
Sec. 5501.83. The department of transportation may adopt
rules under Chapter 119. of the Revised Code to carry out sections
5501.70 to 5501.83 of the Revised Code.
Section 2. That existing sections 3517.13, 3517.151, and
3517.992 of the Revised code are hereby repealed.
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