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S. B. No. 391 As IntroducedAs Introduced
| 129th General Assembly | | Regular Session | | 2011-2012 |
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A BILL
To amend sections 101.15, 101.301, 101.34, 101.70,
101.72, 101.73, 101.74, 101.75, 101.78, 101.90,
101.92, 101.93, 101.94, 101.95, 101.98, 102.01,
102.02, 102.021, 102.03, 102.031, 102.06, 102.07,
102.99, 109.54, 121.60, 121.62, 121.63, 121.64,
121.65, 121.68, and 4503.033 of the Revised Code
to revise the Ethics Law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 101.15, 101.301, 101.34, 101.70,
101.72, 101.73, 101.74, 101.75, 101.78, 101.90, 101.92, 101.93,
101.94, 101.95, 101.98, 102.01, 102.02, 102.021, 102.03, 102.031,
102.06, 102.07, 102.99, 109.54, 121.60, 121.62, 121.63, 121.64,
121.65, 121.68, and 4503.033 of the Revised Code be amended to
read as follows:
Sec. 101.15. (A) As used in this section:
(1) "Caucus" means all of the members of either house of the
general assembly who are members of the same political party.
(2) "Committee" means any committee of either house of the
general assembly, a joint committee of both houses of the general
assembly, including a committee of conference, or a subcommittee
of any committee listed in division (A)(2) of this section.
(3) "Meeting" means any prearranged discussion of the public
business of a committee by a majority of its members.
(B) Except as otherwise provided in division (F) of this
section, all meetings of any committee are declared to be public
meetings open to the public at all times. The secretary assigned
to the chairperson of the committee shall prepare, file, and
maintain the minutes of every regular or special meeting of a
committee. The committee, at its next regular or special meeting,
shall approve the minutes prepared, filed, and maintained by the
secretary, or, if the minutes prepared, filed, and maintained by
the secretary require correction before their approval, the
committee shall correct and approve the minutes at the next
following regular or special meeting. The committee shall make the
minutes available for public inspection not later than seven days
after the meeting the minutes reflect or not later than the
committee's next regular or special meeting, whichever occurs
first.
(C) Each committee shall establish a reasonable method
whereby any person may determine the time and place of all
regularly scheduled meetings and the time, place, and purpose of
all special meetings. No committee shall hold a regular or special
meeting unless it gives at least twenty-four hours' advance notice
to the news media that have requested notification.
The method established by each committee shall provide that,
upon request and payment of a reasonable fee, any person may
obtain reasonable advance notification of all meetings at which
any specific type of public business will be discussed. Provisions
for advance notification may include, but are not limited to,
mailing the agenda of meetings to all subscribers on a mailing
list or mailing notices in self-addressed stamped envelopes
provided by the person who desires advance notification.
(D) Any action of a committee relating to a bill or
resolution, or any other formal action of a committee, is invalid
unless taken in an open meeting of the committee. Any action of a
committee relating to a bill or resolution, or any other formal
action of a committee, taken in an open meeting is invalid if it
results from deliberations in a meeting not open to the public.
(E)(1) Any person may bring an action to enforce this
section. An action under this division shall be brought within two
years after the date of the alleged violation or threatened
violation. Upon proof of a violation or threatened violation of
this section in an action brought by any person, the court of
common pleas shall issue an injunction to compel the members of
the committee to comply with its provisions.
(2)(a) If the court of common pleas issues an injunction
under division (E)(1) of this section, the court shall order the
committee that it enjoins to pay a civil forfeiture of five
hundred dollars to the party that sought the injunction and shall
award to that party all court costs and, subject to reduction as
described in this division, reasonable attorney's fees. The court,
in its discretion, may reduce an award of attorney's fees to the
party that sought the injunction or not award attorney's fees to
that party if the court determines both of the following:
(i) That, based on the ordinary application of statutory law
and case law as it existed at the time of the violation or
threatened violation that was the basis of the injunction, a
well-informed committee reasonably would believe that the
committee was not violating or threatening to violate this
section;
(ii) That a well-informed committee reasonably would believe
that the conduct or threatened conduct that was the basis of the
injunction would serve the public policy that underlies the
authority that is asserted as permitting that conduct or
threatened conduct.
(b) If the court of common pleas does not issue an injunction
under division (E)(1) of this section and the court determines at
that time that the bringing of the action was frivolous conduct as
defined in division (A) of section 2323.51 of the Revised Code,
the court shall award to the committee all court costs and
reasonable attorney's fees, as determined by the court.
(3) Irreparable harm and prejudice to the party that sought
the injunction shall be conclusively and irrebuttably presumed
upon proof of a violation or threatened violation of this section.
(4) A member of a committee who knowingly violates an
injunction issued under division (E)(1) of this section may be
removed from office by an action brought in the court of common
pleas for that purpose by the prosecuting attorney of Franklin
county or by the attorney general.
(5) The remedies described in divisions (E)(1) to (4) of this
section shall be the exclusive remedies for a violation of this
section.
(F) This section does not apply to or affect either of the
following:
(1) All meetings of the joint legislative ethics committee
created under section 101.34 of the Revised Code other than a
meeting that is held for any of the following purposes:
(a) To consider the adoption, amendment, or recission of any
rule that the joint legislative ethics committee is authorized to
adopt pursuant to division (B)(11) of section 101.34, division (E)
of section 101.78, division (B) of section 102.02, or division
(E)(D) of section 121.68 of the Revised Code;
(b) To discuss and consider changes to any administrative
operation of the joint legislative ethics committee other than any
matter described in division (G) of section 121.22 of the Revised
Code;
(c) To discuss pending or proposed legislation.
(2) Meetings of a caucus.
(G) For purposes of division (F)(1)(a) of this section, an
advisory opinion, written opinion, or decision relative to a
complaint is not a rule.
Sec. 101.301. (A) As used in this section, "caucus" means
all of the members of the house of representatives, or all of the
members of the senate, who are members of the same political
party.
(B) Notwithstanding any contrary provision of section
2317.021 of the Revised Code, the members of the general assembly
who are members of a caucus, and the officers and employees of the
general assembly who either serve that caucus or serve the members
of the general assembly who are members of that caucus, are
clients, for purposes of the attorney-client testimonial privilege
specified in division (A) of section 2317.02 of the Revised Code
and for purposes of any other statutory or common law
attorney-client privilege recognized in this state, of the
employee of the house of representatives or senate who serves as
the legal counsel for that caucus.
(C) Notwithstanding any contrary provision of section
2317.021 of the Revised Code, the members, officers, and employees
of the general assembly are clients, for purposes of the
attorney-client testimonial privilege specified in division (A) of
section 2317.02 of the Revised Code and for purposes of any other
statutory or common law attorney-client privilege recognized in
this state, of the employees of the joint legislative ethics
committee who render legal advice to those members, officers, and
employees.
Sec. 101.34. (A) There is hereby created a joint legislative
ethics committee to serve the general assembly. The committee
shall be composed of twelve members, six each from the two major
political parties, and each member shall serve on the committee
during the member's term as a member of that general assembly. Six
members of the committee shall be members of the house of
representatives appointed by the speaker of the house of
representatives, not more than three from the same political
party, and six members of the committee shall be members of the
senate appointed by the president of the senate, not more than
three from the same political party. A vacancy in the committee
shall be filled for the unexpired term in the same manner as an
original appointment. The members of the committee shall be
appointed within fifteen days after the first day of the first
regular session of each general assembly and the committee shall
meet and proceed to recommend an ethics code not later than thirty
days after the first day of the first regular session of each
general assembly.
In the first regular session of each general assembly, the
speaker of the house of representatives shall appoint the
chairperson of the committee from among the house members of the
committee, and the president of the senate shall appoint the
vice-chairperson of the committee from among the senate members of
the committee. In the second regular session of each general
assembly, the president of the senate shall appoint the
chairperson of the committee from among the senate members of the
committee, and the speaker of the house of representatives shall
appoint the vice-chairperson of the committee from among the house
members of the committee. The chairperson, vice-chairperson, and
members of the committee shall serve until their respective
successors are appointed or until they are no longer members of
the general assembly.
The committee shall meet at the call of the chairperson or
upon the written request of seven members of the committee.
(B) The joint legislative ethics committee:
(1) Shall recommend a code of ethics that is consistent with
law to govern all members and employees of each house of the
general assembly and all candidates for the office of member of
each house;
(2) May receive and hear any complaint that alleges a breach
of any privilege of either house, or misconduct of any member,
employee, or candidate, or any violation of the appropriate code
of ethics;
(3) May obtain information with respect to any complaint
filed pursuant to this section and to that end may enforce the
attendance and testimony of witnesses, and the production of books
and papers;
(4) May recommend whatever sanction is appropriate with
respect to a particular member, employee, or candidate as will
best maintain in the minds of the public a good opinion of the
conduct and character of members and employees of the general
assembly;
(5) May recommend legislation to the general assembly
relating to the conduct and ethics of members and employees of and
candidates for the general assembly;
(6) Shall employ an executive director for the committee and
may employ other staff as the committee determines necessary to
assist it in exercising its powers and duties. The executive
director and staff of the committee shall be known as the office
of legislative inspector general. At least one member of the staff
of the committee shall be an attorney at law licensed to practice
law in this state. The appointment and removal of the executive
director shall require the approval of at least eight members of
the committee.
(7) May employ a special counsel to assist the committee in
exercising its powers and duties. The appointment and removal of a
special counsel shall require the approval of at least eight
members of the committee.
(8) Shall act as an advisory body to the general assembly and
to individual members, candidates, and employees on questions
relating to ethics, possible conflicts of interest, and financial
disclosure;
(9) Shall provide for the proper forms on which a statement
required or permitted pursuant to section 102.02 or 102.021 of the
Revised Code shall be filed and instructions as to the filing of
the statement;
(10) Exercise the powers and duties prescribed under sections
101.70 to 101.79, sections 101.90 to 101.98, Chapter 102., and
sections 121.60 to 121.69 of the Revised Code;
(11) Adopt, in accordance with section 111.15 of the Revised
Code, any rules that are necessary to implement and clarify
Chapter 102. and sections 2921.42 and 2921.43 of the Revised Code.
(C) There is hereby created in the state treasury the joint
legislative ethics committee fund. All money collected from
registration fees and late filing fees prescribed under sections
101.72, 101.92, and 121.62 of the Revised Code shall be deposited
into the state treasury to the credit of the fund. Money credited
to the fund and any interest and earnings from the fund shall be
used solely for the operation of the joint legislative ethics
committee and the office of legislative inspector general and for
the purchase of data storage and computerization facilities for
the statements filed with the committee under sections 101.73,
101.74, 101.93, 101.94, 121.63, and 121.64 of the Revised Code.
(D) The chairperson of the joint legislative ethics committee
shall issue a written report, not later than the thirty-first day
of January of each year, to the speaker and minority leader of the
house of representatives and to the president and minority leader
of the senate that lists the number of committee meetings and
investigations the committee conducted during the immediately
preceding calendar year and the number of advisory opinions it
issued during the immediately preceding calendar year.
(E) Any investigative report that contains facts and findings
regarding a complaint filed with the joint legislative ethics
committee and that is prepared by the staff of the committee or a
special counsel to the committee shall become a public record upon
its acceptance by a vote of the majority of the members of the
committee, except for any names of specific individuals and
entities contained in the report. If the committee recommends
disciplinary action or reports its findings to the appropriate
prosecuting authority for proceedings in prosecution of the
violations alleged in the complaint, the investigatory report
regarding the complaint shall become a public record in its
entirety.
(F)(1) Any file obtained by or in the possession of the
former house ethics committee or former senate ethics committee
shall become the property of the joint legislative ethics
committee. Any such file is confidential if either of the
following applies:
(a) It is confidential under section 102.06 of the Revised
Code or the legislative code of ethics.
(b) If the file was obtained from the former house ethics
committee or from the former senate ethics committee, it was
confidential under any statute or any provision of a code of
ethics that governed the file.
(2) As used in this division, "file" includes, but is not
limited to, evidence, documentation, or any other tangible thing.
(G) There is hereby created in the state treasury the joint
legislative ethics committee investigative fund. Investment
earnings of the fund shall be credited to the fund. Money in the
fund shall be used solely for the operations of the committee in
conducting investigations.
Sec. 101.70. As used in sections 101.70 to 101.79 and 101.99
of the Revised Code:
(A) "Person" means any individual, partnership, trust,
estate, business trust, association, or corporation; any labor
organization or manufacturer association; any department,
commission, board, publicly supported college or university,
division, institution, bureau, or other instrumentality of the
state; or any county, township, municipal corporation, school
district, or other political subdivision of the state. "Person"
includes the Ohio casino control commission, a member of the
commission, the executive director of the commission, an employee
of the commission, and an agent of the commission.
(B) "Legislation" means bills, resolutions, amendments,
nominations, and any other matter pending before the general
assembly, any matter pending before the controlling board, or the
executive approval or veto of any bill acted upon by the general
assembly.
(C) "Compensation" means a salary, gift, payment, benefit,
subscription, loan, advance, reimbursement, or deposit of money or
anything of value; or a contract, promise, or agreement, whether
or not legally enforceable, to make compensation.
(D) "Expenditure" means any of the following that is made to,
at the request of, for the benefit of, or on behalf of any member
of the general assembly, any member of the controlling board, the
governor, the director of a department created under section
121.02 of the Revised Code, or any member of the staff of any
public officer or employee listed in this division official:
(1) A payment, distribution, loan, advance, deposit,
reimbursement, or gift of money, real estate, or anything of
value, including, but not limited to, food and beverages,
entertainment, lodging, or transportation;
(2) A contract, promise, or agreement to make an expenditure,
whether or not legally enforceable;
(3) The purchase, sale, or gift of services or any other
thing of value.
"Expenditure" does not include a contribution, gift, or grant to a
foundation or other charitable organization that is exempt from
federal income taxation under subsection 501(c)(3) of the Internal
Revenue Code. "Expenditure" does not include the purchase, sale,
or gift of services or any other thing of value that is available
to the general public on the same terms as it is available to the
persons listed in this division, or an offer or sale of securities
to any person listed in this division that is governed by
regulation D, 17 C.F.R. 230.501 to 230.508, adopted under the
authority of the "Securities Act of 1933," 48 Stat. 74, 15
U.S.C.A. and following, or that is governed by a comparable
provision under state law.
(E) "Actively advocate" means to promote, advocate, or oppose
the passage, modification, defeat, or executive approval or veto
of any legislation by direct communication with any member of the
general assembly, any member of the controlling board, the
governor, the director of any department listed in section 121.02
of the Revised Code, or any member of the staff of any public
officer or employee listed in this division official. "Actively
advocate" does not include the action of any person not engaged by
an employer who has a direct interest in legislation if the
person, acting under Section 3 of Article I, Ohio Constitution,
assembles together with other persons to consult for their common
good, instructs a public officer or employee who is listed in this
division official, or petitions that public officer or employee
official for the redress of grievances.
(F) "Legislative agent" means any individual, except a member
of the general assembly, a member of the staff of the general
assembly, the governor, lieutenant governor, attorney general,
secretary of state, treasurer of state, or auditor of state, who
is engaged during at least a portion of the individual's time to
actively advocate as one of the individual's main purposes whose
direct communication with any public official for the purpose of
actively advocating constitutes at least five per cent of the
total performance time for which the individual is compensated by
a specific employer. An individual engaged by the Ohio casino
control commission, a member of the commission, the executive
director of the commission, or an employee or agent of the
commission to actively advocate is a "legislative agent" even if
the individual does not during at least a portion of the
individual's time actively advocate as one of the individual's
main purposes.
(G) "Employer" means any person who, directly or indirectly,
engages a legislative agent.
(H) "Engage" means to make any arrangement, and "engagement"
means any arrangement, whereby an individual is employed or
retained for compensation to act for or on behalf of an employer
to actively advocate.
(I) "Financial transaction" means a transaction or activity
that is conducted or undertaken for profit and arises from the
joint ownership or the ownership or part ownership in common of
any real or personal property or any commercial or business
enterprise of whatever form or nature between the following:
(1) A legislative agent, an employer of a legislative agent,
or a member of the immediate family of the legislative agent or a
legislative agent's employer; and
(2) Any member of the general assembly, any member of the
controlling board, the governor, the director of a department
created under section 121.02 of the Revised Code, or any member of
the staff of a public officer or employee listed in division
(I)(2) of this section official.
"Financial transaction" does not include any transaction or
activity described in division (I) of this section if it is
available to the general public on the same terms, or if it is an
offer or sale of securities to any person listed in division
(I)(2) of this section that is governed by regulation D, 17 C.F.R.
230.501 to 230.508, adopted under the authority of the "Securities
Act of 1933," 48 Stat. 74, 15 U.S.C.A. and following, or that is
governed by a comparable provision under state law.
(J) "Public official" means a member of the general assembly,
a member of the controlling board, the governor, the director of a
department created under section 121.02 of the Revised Code, or
any member of the staff of a public official listed in this
division.
(K) "Staff" means any state employee whose official duties
are to formulate policy and who exercises administrative or
supervisory authority or who authorizes the expenditure of state
funds.
Sec. 101.72. (A) Each legislative agent and employer, within
ten days following an engagement of a legislative agent, shall
file with the joint legislative ethics committee an initial
registration statement showing all of the following:
(1) The name, business address, and occupation of the
legislative agent;
(2) The name and business address of the employer and the
real party in interest on whose behalf the legislative agent is
actively advocating, if it is different from the employer. For the
purposes of division (A) of this section, where a trade
association or other charitable or fraternal organization that is
exempt from federal income taxation under subsection 501(c) of the
federal Internal Revenue Code is the employer, the statement need
not list the names and addresses of each member of the association
or organization, so long as the association or organization itself
is listed.
(3) A brief description of the type of legislation to which
the engagement relates.
(B) In addition to the initial registration statement
required by division (A) of this section, each legislative agent
and employer shall file with the joint committee, not later than
the last day of January, May, and September of each year, an
updated registration statement that confirms the continuing
existence of each engagement described in an initial registration
statement and that lists the specific bills or resolutions on
which the agent actively advocated under that engagement during
the period covered by the updated statement, and with it any
statement of expenditures required to be filed by section 101.73
of the Revised Code and any details of financial transactions
required to be filed by section 101.74 of the Revised Code.
(C) If a legislative agent is engaged by more than one
employer, the agent shall file a separate initial and updated
registration statement for each engagement. If an employer engages
more than one legislative agent, the employer need file only one
updated registration statement under division (B) of this section,
which shall contain the information required by division (B) of
this section regarding all of the legislative agents engaged by
the employer.
(D)(1) A change in any information required by division
(A)(1), (2), or (B) of this section shall be reflected in the next
updated registration statement filed under division (B) of this
section.
(2) Within thirty days after the termination of an
engagement, the legislative agent who was employed under the
engagement shall send written notification of the termination to
the joint committee.
(E) A registration fee of twenty-five thirty-five dollars
shall be charged for filing an initial registration statement. The
state agency of an officer or employee who actively advocates in a
fiduciary capacity as a representative of that state agency shall
pay the registration fee required under this division. All money
collected from registration fees under this division and late
filing fees under division (G) of this section shall be deposited
into the state treasury to the credit of the joint legislative
ethics committee fund created under section 101.34 of the Revised
Code.
An officer or employee of a state agency who actively
advocates in a fiduciary capacity as a representative of that
state agency need not file expenditure statements under section
101.73 of the Revised Code. As used in this division, "state
agency" does not include a state institution of higher education
as defined in section 3345.011 of the Revised Code.
(F) Upon registration pursuant to division (A) of this
section, the legislative agent shall be issued a card by the joint
committee showing that the legislative agent is registered. The
registration card and the legislative agent's registration shall
be valid from the date of their issuance until the next
thirty-first day of December of an even-numbered year.
(G) The executive director of the joint committee shall be
responsible for reviewing each registration statement filed with
the joint committee under this section and for determining whether
the statement contains all of the information required by this
section. If the joint committee determines that the registration
statement does not contain all of the required information or that
a legislative agent or employer has failed to file a registration
statement, the joint committee shall send written notification by
certified mail to the person who filed the registration statement
regarding the deficiency in the statement or to the person who
failed to file the registration statement regarding the failure.
Any person so notified by the joint committee shall, not later
than fifteen days after receiving the notice, file a registration
statement or an amended registration statement that does contain
all of the information required by this section. If any person who
receives a notice under this division fails to file a registration
statement or such an amended registration statement within this
fifteen-day period, the joint committee shall assess a late filing
fee equal to twelve dollars and fifty cents per day, up to a
maximum of one hundred dollars, upon that person. The joint
committee may waive the late filing fee for good cause shown.
(H) On or before the fifteenth day of March of each year, the
joint committee shall, in the manner and form that it determines,
publish a report containing statistical information on the
registration statements filed with it under this section during
the preceding year.
Sec. 101.73. (A) Each legislative agent and each employer
shall file in the office of the joint legislative ethics
committee, with the updated registration statement required by
division (B) of section 101.72 of the Revised Code, a statement of
expenditures as specified in divisions (B) and (C) of this
section. A legislative agent shall file a separate statement of
expenditures under this section for each employer engaging the
legislative agent.
(B)(1) In addition to the information required by divisions
(B)(2) and (3) of this section, a statement filed by a legislative
agent shall show the total amount of expenditures made by the
legislative agent during the reporting period covered by the
statement.
(2) If, during a reporting period covered by a statement, an
employer or any legislative agent the employer engaged made,
either separately or in combination with each other, either
directly or indirectly, expenditures to, that, when added to the
amount of previous expenditures made by that employer or
legislative agent during the same calendar year, exceed a total of
one hundred dollars at the request of, for the benefit of, or on
behalf of any particular member of the general assembly, any
particular member of the controlling board, the governor, the
director of a department created under section 121.02 of the
Revised Code, or any particular member of the staff of any of the
public officers or employees listed in division (B)(2) of this
section official, then the employer or legislative agent shall
also state all of the following regarding those expenditures:
(a)(1) The name of the public officer or employee official to
whom, at whose request, for whose benefit, or on whose behalf the
expenditures were made;
(b)(2) The total amount of the expenditures made;
(c)(3) A brief description of the expenditures made;
(d)(4) The approximate date the expenditures were made;
(e)(5) The specific items of legislation, if any, for which
the expenditures were made and the identity of the client on whose
behalf each expenditure was made.
As used in division (B)(2) of this section, "expenditures"
does not include expenditures made by a legislative agent as
payment for meals and other food and beverages.
(3) If, during a reporting period covered by a statement, a
legislative agent made expenditures as payment for meals and other
food and beverages, other than for meals and other food and
beverages provided to a member of the general assembly at a
meeting at which the member participated in a panel, seminar, or
speaking engagement or provided to a member of the general
assembly at a meeting or convention of a national organization to
which any state agency, including, but not limited to, any
legislative agency or state institution of higher education as
defined in section 3345.011 of the Revised Code, pays membership
dues, that, when added to the amount of previous payments made for
meals and other food and beverages by that legislative agent
during that same calendar year, exceeded a total of fifty dollars
to, at the request of, for the benefit of, or on behalf of any
particular member of the general assembly, any particular member
of the controlling board, the governor, the director of a
department created under section 121.02 of the Revised Code, or
any particular member of the staff of any of the public officers
or employees listed in division (B)(3) of this section, then the
legislative agent shall also state all of the following regarding
those expenditures:
(a) The name of the public officer or employee to whom, at
whose request, for whose benefit, or on whose behalf the
expenditures were made;
(b) The total amount of the expenditures made;
(c) A brief description of the expenditures made;
(d) The approximate date the expenditures were made;
(e) The specific items of legislation, if any, for which the
expenditures were made and the identity of the client on whose
behalf each expenditure was made.
(C) In addition to the information required by divisions
division (B)(2) and (3) of this section, a statement filed by an
employer shall show the total amount of expenditures made by the
employer or legislative agent filing the statement during the
period covered by the statement.
As used in this section,
"expenditures" does not include the expenses of maintaining office
facilities or the compensation paid to legislative agents engaged
by an employer A statement filed by a legislative agent shall show
all legislation regarding which the legislative agent has
advocated on behalf of the employer during the period covered by
the statement. A statement filed by an employer shall show all
legislation regarding which the employer has advocated during the
period covered by the statement.
No employer is shall be required to show any expenditure or
legislation on a statement filed under this division if the
expenditure or legislation is reported on a statement filed under
division (B) of this section by a legislative agent engaged by the
employer. No legislative agent shall be required to show any
expenditure on a statement filed under this division if the
expenditure is reported on a statement filed under division (B) of
this section by the legislative agent's employer.
(D) Any statement required to be filed under this section
shall be filed at the times specified in section 101.72 of the
Revised Code. Each statement shall cover expenditures made during
the four-calendar-month period that ended on the last day of the
month immediately preceding the month in which the statement is
required to be filed.
(E) No portion of the amount of an expenditure for meals or
beverages provided at a dinner, party, or other function sponsored
by an employer or legislative agent need be attributed to, or
counted toward the amount for, a reporting period specified in
division (B)(2) or (3) of this section if the sponsor has invited
to the function all the members of either of the following:
(1) The general assembly;
(2) Either house of the general assembly.
However, the amount spent for such function and its date and
purpose shall be reported separately on the statement required to
be filed under this section and the amount spent for the function
shall be added with other expenditures for the purpose of
determining the total amount of expenditures reported in the
statement under division
(B)(1) or (C) of this section.
(F) No portion of the amount of an expenditure made as
payment for meals and other food and beverages provided at a
meeting at which the public official participated in a panel,
seminar, or speaking engagement or provided to a public official
at a meeting or convention of a national organization to which any
state agency, including, but not limited to, any legislative
agency or state institution of higher education as defined in
section 3345.011 of the Revised Code pays membership dues need be
attributed to, or counted toward the amount for, a reporting
period specified in division (B) of this section.
However, the total amount spent for such meals and beverages
shall be reported separately on the statement required to be filed
under this section and the amount spent for the function shall be
added with other expenditures for the purpose of determining the
total amount of expenditures reported in the statement under
division (C) of this section.
(G) If it is impractical or impossible for a legislative
agent or employer to determine exact dollar amounts or values of
expenditures, reporting of good faith estimates, based upon
reasonable accounting procedures, constitutes compliance with this
section.
(E)(H) All legislative agents and employers shall retain
receipts or maintain records for all expenditures that are
required to be reported pursuant to this section. These receipts
or records shall be maintained for a period ending on the
thirty-first day of December of the second calendar year after the
year in which the expenditure was made.
(F)(1)(I) An employer or legislative agent who is required to
file an expenditure statement under division (B) or (C) of this
section shall deliver a copy notice of the statement, or of the
portion showing the expenditure, to the public officer or employee
official who is listed in the statement as having received the
expenditure or on whose behalf it was made, at least ten days
before the date on which the statement is filed.
(2) If, during a reporting period covered by an expenditure
statement filed under division (B)(2) of this section, an employer
or any legislative agent the employer engaged made, either
separately or in combination with each other, either directly or
indirectly, expenditures for transportation, lodging, or food and
beverages purchased for consumption on the premises in which the
food and beverages were sold to, at the request of, for the
benefit of, or on behalf of any of the public officers or
employees described in division (B)(2) of this section, the
employer or legislative agent shall deliver to the public officer
or employee a statement that contains all of the nondisputed
information prescribed in division (B)(2)(a) through (e) of this
section with respect to the expenditures described in division
(F)(2) of this section. The statement of expenditures made under
division (F)(2) of this section shall be delivered to the public
officer or employee to whom, at whose request, for whose benefit,
or on whose behalf those expenditures were made on the same day in
which a copy of the expenditure statement or of a portion showing
the expenditure is delivered to the public officer or employee
under division (F)(1) of this section. An employer is not required
to show any expenditure on a statement delivered under division
(F)(2) of this section if the expenditure is shown on a statement
delivered under division (F)(2) of this section by a legislative
agent engaged by the employer.
(J) As used in this section, "expenditure" does not include
the expenses of maintaining office facilities or the compensation
paid to a legislative agent engaged by an employer.
Sec. 101.74. (A) Any legislative agent who has had any
financial transaction with or for the benefit of any member of the
general assembly, any member of the controlling board, the
governor, the director of a department created under section
121.02 of the Revised Code, or any member of the staff of any
public officer or employee listed in this division official shall
describe the details of the transaction, including the name of the
public
officer or employee official, the purpose and nature of
the transaction, and the date it was made or entered into, in a
statement filed with the joint legislative ethics committee with
the updated registration statement required by division (B) of
section 101.72 of the Revised Code. The statement shall be filed
at the times specified in section 101.72 of the Revised Code. Each
statement shall describe each financial transaction that occurred
during the four-calendar-month period that ended on the last day
of the month immediately preceding the month in which the
statement is required to be filed.
(B) Except as provided in division (D) of this section, any
employer who has had any financial transaction with or for the
benefit of any member of the general assembly, any member of the
controlling board, the governor, the director of a department
created under section 121.02 of the Revised Code, or any member of
the staff of any public officer or employee listed in this
division official shall describe the details of the transaction,
including the name of the public officer or employee official, the
purpose and nature of the transaction, and the date it was made or
entered into, in a statement filed with the joint committee with
the updated registration statement required by division (B) of
section 101.72 of the Revised Code. The statement shall be filed
at the times specified in section 101.72 of the Revised Code. Each
statement shall describe each financial transaction that occurred
during the four-calendar-month period that ended on the last day
of the month immediately preceding the month in which the
statement is required to be filed.
(C) An employer or legislative agent who is required to file
a statement describing a financial transaction under this section
shall deliver a copy notice of the statement transaction to the
public
officer or employee official with whom or for whose benefit
the transaction was made at least ten days before the date on
which the statement is filed.
(D) No employer shall be required to file any statement under
this section or to deliver a copy notice of the statement a
transaction to a public officer or employee official with whom or
for whose benefit the transaction was made if the financial
transaction to which the statement pertains is reported by a
legislative agent engaged by the employer.
Sec. 101.75. If a dispute arises between any member of the
general assembly, any member of the controlling board, or a member
of the staff of the general assembly or controlling board and an
employer or legislative agent with respect to an expenditure or
financial transaction alleged in any statement to be filed under
section 101.73 or 101.74 of the Revised Code, the member,
employer, or legislative agent may file a complaint with the joint
legislative ethics committee. The committee shall proceed to
investigate the complaint as provided for other complaints in
section 101.34 of the Revised Code.
The complaint shall be filed at least three days prior to the
time the statement is required to be filed with the joint
legislative ethics committee. The time for filing a disputed
expenditure or financial transaction in any statement of
expenditures or the details of a financial transaction that
contains a disputed expenditure or financial transaction shall be
extended pending the final decision of the joint committee. This
extension does not extend the time for filing the nondisputed
portions of an expenditure statement or of the details of a
financial transaction. The joint committee shall notify the
parties of its final decision by certified mail. If the committee
decides that the disputed expenditure or financial transaction
should be reported, the employer or legislative agent shall
include the matter in an amended the statement and. The employer
or legislative agent shall file the amended statement not later
than ten days after the employer or agent receives notice of the
decision of the committee by certified mail.
An employer or legislative agent who files a false statement
of expenditures or details of a financial transaction is liable in
a civil action to any public officer or employee who sustains
damage as a result of the filing or publication of the statement.
Sec. 101.78. (A) The joint legislative ethics committee
shall keep on file the statements required by sections 101.72,
101.73, and 101.74 of the Revised Code. Those statements are
public records and open to public inspection, and the joint
committee shall computerize publish them so that the information
contained in and make them is readily accessible available to the
general public on its official web site. The joint committee shall
provide copies of the statements to the general public upon
request and may charge a reasonable fee not to exceed the cost of
copying and delivering each statement.
(B) The joint committee shall prescribe and make available an
appropriate form for filing the information required by sections
101.72, 101.73, and 101.74 of the Revised Code. The form shall
contain the following notice in boldface type: "ANY PERSON WHO
KNOWINGLY FILES A FALSE STATEMENT IS GUILTY OF FALSIFICATION UNDER
SECTION 2921.13 OF THE REVISED CODE, WHICH IS A MISDEMEANOR OF THE
FIRST DEGREE."
(C) The joint committee shall publish a handbook that
explains in clear and concise language sections 101.70 to 101.79
and 101.99 of the Revised Code and make it available free of
charge to members of the general assembly, legislative agents,
employers, and any other interested persons.
(D) Not later than the last day of February and October of
each year, the joint committee shall compile from registration
statements filed with it a complete and updated list of registered
legislative agents and their employers and distribute the list to
each member of the general assembly, each member of the
controlling board who is not a member of the general assembly, and
the governor. The joint committee shall provide copies of the list
to the general public upon request and may charge a reasonable fee
not to exceed the cost of copying and delivering the list.
(E) The joint committee may adopt rules as necessary to
implement sections 101.70 to 101.79 of the Revised Code, and any
such rules it adopts shall be adopted in accordance with section
111.15 of the Revised Code.
Sec. 101.90. As used in sections 101.90 to 101.99 of the
Revised Code:
(A) "Person" and "compensation" have the same meanings as in
section 101.70 of the Revised Code.
(B) "Expenditure" means any of the following that is made to,
at the request of, for the benefit of, or on behalf of a state
retirement system, a member of the board of a state retirement
system, a state retirement system investment official, or an
employee of a state retirement system whose position involves
substantial and material exercise of discretion in the investment
of retirement system funds:
(1) A payment, distribution, loan, advance, deposit,
reimbursement, or gift of money, real estate, or anything of
value, including, but not limited to food and beverages and
entertainment;
(2) A contract, promise, or agreement to make an expenditure,
whether or not legally enforceable;
(3) The purchase, sale, or gift of services or any other
thing of value. "Expenditure" does not include a contribution,
gift, or grant to a foundation or other charitable organization
that is exempt from federal income taxation under subsection
501(c)(3) of the Internal Revenue Code. "Expenditure" does not
include the purchase, sale, or gift of services or any other thing
of value that is available to the general public on the same terms
as it is available to the persons listed in this division, or an
offer or sale of securities to any person listed in this division
that is governed by regulation D, 17 C.F.R. 2301.501 230.501 to
2301.508 230.508, adopted under the authority of the "Securities
Act of 1933," 48 Stat. 74, 15 U.S.C.A. and following, or that is
governed by a comparable provision under state law.
(C) "Employer" means any person who, directly or indirectly,
engages a retirement system lobbyist.
(D) "Engage" means to make any arrangement, and "engagement"
means arrangement, whereby an individual is employed or retained
for compensation to act for or on behalf of an employer to
influence retirement system decisions or to conduct any retirement
system lobbying activity.
(E) "Financial transaction" means a transaction or activity
that is conducted or undertaken for profit and arises from the
joint ownership or the ownership or part ownership in common of
any real or personal property or any commercial or business
enterprise of whatever form or nature between the following:
(1) A retirement system lobbyist, the retirement system
lobbyist's employer, or a member of the immediate family of the
retirement system lobbyist or the retirement system lobbyist's
employer; and
(2) A state retirement system, a member of a board of a state
retirement system, a state retirement system investment official,
or an employee of a state retirement system whose position
involves substantial and material exercise of discretion in the
investment of retirement system funds.
"Financial transaction" does not include any transaction or
activity described in division (E) of this section if it is
available to the general public on the same terms, or if it is an
offer or sale of securities to any person listed in division
(E)(2) of this section that is governed by regulation D, 17 C.F.R.
2301.501 230.501 to 2301.508 230.508, adopted under the authority
of the "Securities Act of 1933," 48 Stat. 74, 15 U.S.C.A. and
following, or that is governed by a comparable provision under
state law.
(F) "Retirement system" means the public employees retirement
system, Ohio police and fire pension fund, state teachers
retirement system, school employees retirement system, and state
highway patrol retirement system.
(G) "Retirement system decision" means a decision of a
retirement system regarding the investment of retirement system
funds. "Retirement system decision" includes the decision by a
board of a retirement system to award a contract to an agent or an
investment manager.
(H) "Retirement system lobbyist" means any person engaged to
influence whose direct communication with retirement system
officials or employees for the purpose of influencing retirement
system decisions or to conduct conducting retirement system
lobbying activity as one of the person's main purposes on a
regular and substantial basis constitutes at least twenty-five per
cent of the total performance time for which the person is
compensated by a specific employer. "Retirement system lobbyist"
does not include an elected or appointed officer or employee of a
federal or state agency, or political subdivision who attempts to
influence or affect executive agency decisions in a fiduciary
capacity as a representative of the officer's or employee's agency
or political subdivision.
(I) "Retirement system lobbying activity" means contacts made
to promote, oppose, reward, or otherwise influence the outcome of
a retirement system decision by direct communication with a member
of a board of a state retirement system, a state retirement system
investment official, or an employee of a state retirement system
whose position involves substantial and material exercise of
discretion in the investment of retirement system funds. "Lobbying
activity" does not include any of the following:
(1) The action of any person having a direct interest in
retirement system decisions who, under Section 3 of Article I,
Ohio Constitution, assembles together with other persons to
consult for their common good, instructs a person listed in the
first paragraph of division (I) of this section, or petitions such
a person for the redress of grievances;
(2) Contacts made for the sole purpose of gathering
information contained in a public record;
(3) Appearances before a retirement system to give testimony.
(J) "Retirement system official" means an officer or employee
of a retirement system whose principal duties are to formulate
policy or to participate directly or indirectly in the
preparation, review, or award of financial arrangements with a
retirement system.
(K) "Aggrieved party" means a party entitled to resort to a
remedy.
(L) "Staff" means an employee of a retirement system whose
position involves substantial and material exercise of discretion
in the investment of retirement system funds and who is required
under section 102.02 of the Revised Code to file a disclosure
statement with the Ohio ethics commission.
Sec. 101.92. (A) Each retirement system lobbyist and each
employer shall file with the joint legislative ethics committee,
within ten days following the engagement of a retirement system
lobbyist, an initial registration statement showing all of the
following:
(1) The name, business address, and occupation of the
retirement system lobbyist;
(2) The name and business address of the employer or of the
real party in interest on whose behalf the retirement system
lobbyist is acting, if it is different from the employer. For the
purposes of division (A) of this section, where a trade
association or other charitable or fraternal organization that is
exempt from federal income taxation under subsection 501(c) of the
federal Internal Revenue Code is the employer, the statement need
not list the names and addresses of every member of the
association or organization, so long as the association or
organization itself is listed.
(3) A brief description of the retirement system decision to
which the engagement relates;
(4) The name of the retirement system or systems to which the
engagement relates.
(B) In addition to the initial registration statement
required by division (A) of this section, each retirement system
lobbyist and employer shall file with the joint committee, not
later than the last day of January, May, and September of each
year, an updated registration statement that confirms the
continuing existence of each engagement described in an initial
registration statement and that lists the specific retirement
system decisions that the lobbyist sought to influence under the
engagement during the period covered by the updated statement, and
with it any statement of expenditures required to be filed by
section 101.93 of the Revised Code and any details of financial
transactions required to be filed by section 101.94 of the Revised
Code.
(C) If a retirement system lobbyist is engaged by more than
one employer, the lobbyist shall file a separate initial and
updated registration statement for each engagement. If an employer
engages more than one retirement system lobbyist, the employer
need file only one updated registration statement under division
(B) of this section, which shall contain the information required
by division (B) of this section regarding all of the retirement
system lobbyists engaged by the employer.
(D)(1) A change in any information required by division
(A)(1), (2), or (B) of this section shall be reflected in the next
updated registration statement filed under division (B) of this
section.
(2) Within thirty days following the termination of an
engagement, the retirement system lobbyist who was employed under
the engagement shall send written notification of the termination
to the joint committee.
(E) A registration fee of twenty-five thirty-five dollars
shall be charged for filing an initial registration statement. All
money collected from registration fees under this division and
late filing fees under division (G) of this section shall be
deposited into the state treasury to the credit of the joint
legislative ethics committee fund created under section 101.34 of
the Revised Code.
(F) Upon registration pursuant to this section, a retirement
system lobbyist shall be issued a card by the joint committee
showing that the lobbyist is registered. The registration card and
the retirement system lobbyist's registration shall be valid from
the date of their issuance until the next thirty-first day of
January
December of the an even-numbered year following the year
in which the initial registration was filed.
(G) The executive director of the joint committee shall be
responsible for reviewing each registration statement filed with
the joint committee under this section and for determining whether
the statement contains all of the required information. If the
joint committee determines that the registration statement does
not contain all of the required information or that a retirement
system lobbyist or employer has failed to file a registration
statement, the joint committee shall send written notification by
certified mail to the person who filed the registration statement
regarding the deficiency in the statement or to the person who
failed to file the registration statement regarding the failure.
Any person so notified by the joint committee shall, not later
than fifteen days after receiving the notice, file a registration
statement or an amended registration statement that contains all
of the required information. If any person who receives a notice
under this division fails to file a registration statement or such
an amended registration statement within this fifteen-day period,
the joint committee shall assess a late filing fee equal to twelve
dollars and fifty cents per day, up to a maximum fee of one
hundred dollars, upon that person. The joint committee may waive
the late filing fee for good cause shown.
(H) On or before the fifteenth day of March of each year, the
joint committee shall, in the manner and form that it determines,
publish a report containing statistical information on the
registration statements filed with it under this section during
the preceding year.
(I) If an employer who engages a retirement system lobbyist
is the recipient of a contract, grant, lease, or other financial
arrangement pursuant to which funds of the state or of a
retirement system are distributed or allocated, the executive
agency or any aggrieved party may consider the failure of the
employer or the retirement system lobbyist to comply with this
section as a breach of a material condition of the contract,
grant, lease, or other financial arrangement.
(J) Retirement system officials may require certification
from any person seeking the award of a contract, grant, lease, or
financial arrangement that the person and the person's employer
are in compliance with this section.
Sec. 101.93. (A) Each retirement system lobbyist and each
employer shall file with the joint legislative ethics committee,
with the updated registration statement required by division (B)
of section 121.62 of the Revised Code, a statement of expenditures
as specified in divisions (B) and (C) of this section. A
retirement system lobbyist shall file a separate statement of
expenditures under this section for each employer that engages the
retirement system lobbyist.
(B)(1) In addition to the information required by divisions
(B)(2) and (3) of this section, a statement filed by a retirement
system lobbyist shall show the total amount of expenditures made
during the reporting period covered by the statement by the
retirement system lobbyist.
(2) If, during a reporting period covered by a statement, an
employer or any retirement system lobbyist the employer engaged
made, either separately or in combination with each other,
expenditures to, that, when added to the amount of previous
expenditures made by that employer or retirement system lobbyist
during the same calendar year, exceed a total of one hundred
dollars at the request of, for the benefit of, or on behalf of a
member of a board of a state retirement system, a state retirement
system investment official, or an employee of a state retirement
system whose position involves substantial and material exercise
of discretion in the investment of retirement system funds the
employer or retirement system lobbyist also shall state the name
of the member, official, or employee to whom, at whose request,
for whose benefit, or on whose behalf the expenditures were made,
the total amount of the expenditures made, a brief description of
the expenditures made, the approximate date the expenditures were
made, the retirement system decision, if any, sought to be
influenced, and the identity of the client on whose behalf the
expenditure was made.
As used in division (B)(2) of this section, "expenditures"
does not include expenditures made by a retirement system lobbyist
as payment for meals and other food and beverages.
(3) If, during a reporting period covered by a statement, a
retirement system lobbyist made expenditures as payment for meals
and other food and beverages, that, when added to the amount of
previous payments made for meals and other food and beverages by
that retirement system lobbyist during that same calendar year,
exceeded a total of fifty dollars to, at the request of, for the
benefit of, or on behalf of a member of a board of a state
retirement system, a state retirement system investment official,
or an employee of a state retirement system whose position
involves substantial and material exercise of discretion in the
investment of retirement system funds, the retirement system
lobbyist shall also state regarding those expenditures the name of
the member, official, or employee to whom, at whose request, for
whose benefit, or on whose behalf the expenditures were made, the
total amount of the expenditures made, a brief description of the
expenditures made, the approximate date the expenditures were
made, the retirement system decision, if any, sought to be
influenced, and the identity of the client on whose behalf the
expenditure was made.
(C) In addition to the information required by divisions
division (B)(2) and (3) of this section, a statement filed by an
employer shall show the total amount of expenditures made by the
employer or retirement system lobbyist filing the statement during
the period covered by the statement.
As used in this section,
"expenditures" does not include the expenses of maintaining office
facilities, or the compensation paid to retirement system
lobbyists engaged to influence retirement system decisions or
conduct retirement system lobbying activity A statement filed by a
retirement system lobbyist shall show all retirement system
decisions the retirement system lobbyist has been engaged to
influence on behalf of the employer during the period covered by
the statement. A statement filed by an employer shall show all
retirement system decisions the employer has engaged the
retirement system lobbyist to influence during the period covered
by the statement.
No employer shall be required to show any expenditure or
retirement system decision on a statement filed under this
division if the expenditure or retirement system decision is
reported on a statement filed under division (B)(1), (2), or (3)
of this section by a retirement system lobbyist engaged by the
employer. No retirement system lobbyist shall be required to show
any expenditure on a statement filed under this division if the
expenditure is reported on a statement filed under division (B) of
this section by the retirement system lobbyist's employer.
(D) Any statement required to be filed under this section
shall be filed at the times specified in section 121.62 of the
Revised Code. Each statement shall cover expenditures made during
the four-calendar-month period that ended on the last day of the
month immediately preceding the month in which the statement is
required to be filed.
(E) If it is impractical or impossible for a retirement
system lobbyist or employer to determine exact dollar amounts or
values of expenditures, reporting of good faith estimates, based
on reasonable accounting procedures, constitutes compliance with
this division.
(F) Retirement system lobbyists and employers shall retain
receipts or maintain records for all expenditures that are
required to be reported pursuant to this section. These receipts
or records shall be maintained for a period ending on the
thirty-first day of December of the second calendar year after the
year in which the expenditure was made.
(G)(1) At least ten days before the date on which the
statement is filed, each employer or retirement system lobbyist
who is required to file an expenditure statement under division
(B)(2) or (3) of this section shall deliver a copy notice of the
statement, or the portion showing the expenditure, to the member,
official, or employee who is listed in the statement as having
received the expenditure or on whose behalf it was made.
(2) If, during a reporting period covered by an expenditure
statement filed under division (B)(2) of this section, an employer
or any retirement system lobbyist the employer engaged made,
either separately or in combination with each other, either
directly or indirectly, expenditures for food and beverages
purchased for consumption on the premises in which the food and
beverages were sold to, at the request of, for the benefit or, or
on behalf of any of the members, officials, or employees described
in division (B)(2) of this section, the employer or retirement
system lobbyist shall deliver to the member, official, or employee
a statement that contains all of the nondisputed information
prescribed in division (B)(2) of this section with respect to the
expenditures described in division (G)(2) of this section. The
statement of expenditures made under division (G)(2) of this
section shall be delivered to the member, official, or employee to
whom, at whose request, for whose benefit, or on whose behalf
those expenditures were made on the same day in which a copy of
the expenditure statement or of a portion showing the expenditure
is delivered to the member, official, or employee under division
(G)(1) of this section. An employer is not required to show any
expenditure on a statement delivered under division (G)(2) of this
section if the expenditure is shown on a statement delivered under
division (G)(2) of this section by a retirement system lobbyist
engaged by the employer.
(H) As used in this section, "expenditure" does not include
the expenses of maintaining office facilities or the compensation
paid to retirement system lobbyists engaged to influence
retirement system decisions or to conduct retirement system
lobbying activity.
Sec. 101.94. (A) Each retirement system lobbyist who has had
any financial transaction with or for the benefit of a member of a
board of a state retirement system, a state retirement system
investment official, or an employee of a state retirement system
whose position involves substantial and material exercise of
discretion in the investment of retirement system funds shall
describe the details of the transaction, including the name of the
member, official, or employee, the purpose and nature of the
transaction, and the date it was made or entered into, in a
statement filed with the joint legislative ethics committee with
the updated registration statement required by division (B) of
section 101.92 of the Revised Code. The statements shall be filed
at the times specified in section 101.92 of the Revised Code. Each
statement shall describe each financial transaction that occurred
during the four-calendar-month period that ended on the last day
of the month immediately preceding the month in which the
statement is required to be filed.
(B) Except as provided in division (D) of this section, each
employer who has had any financial transaction with or for the
benefit of a member of a board of a state retirement system, a
state retirement system investment official, or an employee of a
state retirement system whose position involves substantial and
material exercise of discretion in the investment of retirement
system funds shall describe the details of the transaction,
including the name of the member, official, or employee, the
purpose and nature of the transaction, and the date it was made or
entered into, in a statement filed with the joint committee with
the updated registration statement required by division (B) of
section 101.92 of the Revised Code. The statement shall be filed
at the times specified in section 101.92 of the Revised Code. Each
statement shall describe each financial transaction that occurred
during the four-calendar-month period that ended on the last day
of the month immediately preceding the month in which the
statement is required to be filed.
(C) At least ten days before the date on which the statement
is filed, each employer or retirement system lobbyist who is
required to file a statement describing a financial transaction
under this section shall deliver a copy notice of the
statement
transaction to the member, official, or employee with whom or for
whose benefit the transaction was made.
(D) No employer shall be required to file any statement under
this section or to deliver a copy notice of the statement
transaction to a member, official, or employee with whom or for
whose benefit the transaction was made if the financial
transaction to which the
statement notice pertains is reported by
a retirement system lobbyist engaged by the employer.
Sec. 101.95. If a dispute arises between a member of a board
of a state retirement system, a state retirement system investment
official, or an employee of a state retirement system whose
position involves substantial and material exercise of discretion
in the investment of retirement system funds and an employer or
retirement system lobbyist with respect to an expenditure or
financial transaction alleged in a statement to be filed under
section 101.93 or 101.94 of the Revised Code, the member,
official, or employee, employer, or retirement system lobbyist may
file a complaint with the Ohio ethics commission. The commission
shall proceed to investigate the complaint as though it were filed
under section 102.06 of the Revised Code.
The complaint shall be filed at least three days prior to the
time the statement is required to be filed with the joint
legislative ethics committee. The time for filing a disputed
expenditure or financial transaction in any statement of
expenditures or the details of a financial transaction that
contains a disputed expenditure or financial transaction shall be
extended pending the final decision of the commission. This
extension does not extend the time for filing the nondisputed
portions of either type of statement. The commission shall notify
the parties of its final decision by certified mail. If the
commission decides that the disputed expenditure or financial
transaction should be reported, the employer or retirement system
lobbyist shall include the matter in an amended the statement and.
The employer or retirement system lobbyist shall file the amended
statement not later than ten days after receiving notice of the
decision of the commission by certified mail.
An employer or retirement system lobbyist who files a false
statement of expenditures or details of a financial transaction is
liable in a civil action to any member, official, or employee who
sustains damage as a result of the filing or publication of the
statement.
Sec. 101.98. (A) The joint legislative ethics committee
shall keep on file the statements required by sections 101.92,
101.93, and 101.94 of the Revised Code. These statements are
public records and open to public inspection, and the joint
committee shall computerize publish them so that the information
contained in and make them is readily accessible available to the
general public on its official web site. The joint committee shall
provide copies of the statements to the general public on request
and may charge a reasonable fee not to exceed the cost of copying
and delivering the statement.
(B) Not later than the last day of February and October of
each year, the joint committee shall compile from the registration
statements filed with it a complete and updated list of registered
retirement system lobbyists and their employers, and distribute
the list to each member of the general assembly, elected executive
official, and the director of each retirement system, who shall
distribute the list to the appropriate personnel under the
director's jurisdiction. The joint committee shall provide copies
of the list to the general public on request and may charge a
reasonable fee not to exceed the cost of copying and delivering
the list.
(C) The joint committee shall prescribe and make available an
appropriate form for the filings required by sections 101.92,
101.93, and 101.94 of the Revised Code. The form shall contain the
following notice in boldface type: "ANY PERSON WHO KNOWINGLY FILES
A FALSE STATEMENT IS GUILTY OF FALSIFICATION UNDER SECTION 2921.13
OF THE REVISED CODE, WHICH IS A MISDEMEANOR OF THE FIRST DEGREE."
(D) The joint committee may adopt rules as necessary to
implement sections 101.90 to 101.98 of the Revised Code. The rules
shall be adopted in accordance with section 111.15 of the Revised
Code.
(E) The joint committee shall publish a handbook that
explains in clear and concise language the provisions of sections
101.90 to 101.98 of the Revised Code and make it available free of
charge to retirement system lobbyists, employers, and any other
interested persons.
Sec. 102.01. As used in this chapter:
(A) "Compensation" means money, thing of value, or financial
benefit. "Compensation" does not include reimbursement for actual
and necessary expenses incurred in the performance of official
duties.
(B) "Public official or employee" means any person who is
elected or appointed to an office or is an employee of any public
agency. "Public official or employee" does not include a person
elected or appointed to the office of precinct, ward, or district
committee member under section 3517.03 of the Revised Code, any
presidential elector, or any delegate to a national convention.
"Public official or employee" does not include a person who is a
teacher, instructor, professor, or other kind of educator whose
position does not involve the performance of, or authority to
perform, administrative or supervisory functions.
(C) "Public agency" means the general assembly, all courts,
any department, division, institution, board, commission,
authority, bureau or other instrumentality of the state, a county,
city, village, or township, the five state retirement systems, or
any other governmental entity. "Public agency" does not include a
department, division, institution, board, commission, authority,
or other instrumentality of the state or a county, municipal
corporation, township, or other governmental entity that functions
exclusively for cultural, educational, historical, humanitarian,
advisory, or research purposes; that does not expend more than ten
thousand dollars per calendar year, excluding salaries and wages
of employees; and whose members are uncompensated. "Public agency"
does not include the nonprofit corporation formed under section
187.01 of the Revised Code.
(D) "Immediate family" means a spouse residing in the
person's household and any dependent child.
(E) "Income" includes gross income as defined and used in the
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as
amended, interest and dividends on obligations or securities of
any state or of any political subdivision or authority of any
state or political subdivision, and interest or dividends on
obligations of any authority, commission, or instrumentality of
the United States.
(F) Except as otherwise provided in division (A) of section
102.08 of the Revised Code, "appropriate ethics commission" means:
(1) For matters relating to members of the general assembly,
employees of the general assembly, employees of the legislative
service commission, candidates for the office of member of the
general assembly, and public members appointed to the Ohio
constitutional modernization commission under section 103.63 of
the Revised Code, the joint legislative ethics committee;
(2) For matters relating to judicial officers and employees,
and candidates for judicial office, the board of commissioners on
grievances and discipline of the supreme court;
(3) For matters relating to all other persons, the Ohio
ethics commission.
(G) "Anything of value" has the same meaning as provided in
section 1.03 of the Revised Code and includes, but is not limited
to, a contribution as defined in section 3517.01 of the Revised
Code.
(H) "Honorarium" means any payment made in consideration for
any speech given, article published, or attendance at any public
or private conference, convention, meeting, social event, meal, or
similar gathering. "Honorarium" does not include ceremonial gifts
or awards that have insignificant monetary value; unsolicited
gifts of nominal value or trivial items of informational value; or
earned income from any person, other than a legislative agent, for
personal services that are customarily provided in connection with
the practice of a bona fide business, if that business initially
began before the public official or employee conducting that
business was elected or appointed to the public official's or
employee's office or position of employment.
(I) "Employer" means any person who, directly or indirectly,
engages an executive agency lobbyist or legislative agent.
(J) "Executive agency decision," "executive agency lobbyist,"
and "executive agency lobbying activity" have the same meanings as
in section 121.60 of the Revised Code.
(K) "Legislation," "legislative agent," "financial
transaction," and "actively advocate" have the same meanings as in
section 101.70 of the Revised Code.
(L) "Expenditure" has the same meaning as in section 101.70
of the Revised Code when used in relation to activities of a
legislative agent, and the same meaning as in section 121.60 of
the Revised Code when used in relation to activities of an
executive agency lobbyist.
Sec. 102.02. (A) Except as otherwise provided in division
(H) of this section, all of the following shall file with the
appropriate ethics commission the disclosure statement described
in this division on a form prescribed by the appropriate
commission: every person who is elected to or is a candidate for a
state, county, or city office and every person who is appointed to
fill a vacancy for an unexpired term in such an elective office;
all members of the state board of education; the director,
assistant directors, deputy directors, division chiefs, or persons
of equivalent rank of any administrative department of the state;
the president or other chief administrative officer of every state
institution of higher education as defined in section 3345.011 of
the Revised Code; the executive director and the members of the
capitol square review and advisory board appointed or employed
pursuant to section 105.41 of the Revised Code; all members of the
Ohio casino control commission, the executive director of the
commission, all professional employees of the commission, and all
technical employees of the commission who perform an internal
audit function; the individuals set forth in division (B)(2) of
section 187.03 of the Revised Code; the chief executive officer
and the members of the board of each state retirement system; each
employee of a state retirement board who is a state retirement
system investment officer licensed pursuant to section 1707.163 of
the Revised Code; the members of the Ohio retirement study council
appointed pursuant to division (C) of section 171.01 of the
Revised Code; employees of the Ohio retirement study council,
other than employees who perform purely administrative or clerical
functions; the administrator of workers' compensation and each
member of the bureau of workers' compensation board of directors;
the bureau of workers' compensation director of investments; the
chief investment officer of the bureau of workers' compensation;
all members of the board of commissioners on grievances and
discipline of the supreme court and the ethics commission created
under section 102.05 of the Revised Code; every business manager,
treasurer, or superintendent of a city, local, exempted village,
joint vocational, or cooperative education school district or an
educational service center; every person who is elected to or is a
candidate for the office of member of a board of education of a
city, local, exempted village, joint vocational, or cooperative
education school district or of a governing board of an
educational service center that has a total student count of
twelve thousand or more as most recently determined by the
department of education pursuant to section 3317.03 of the Revised
Code; every person who is appointed to the board of education of a
municipal school district pursuant to division (B) or (F) of
section 3311.71 of the Revised Code; all members of the board of
directors of a sanitary district that is established under Chapter
6115. of the Revised Code and organized wholly for the purpose of
providing a water supply for domestic, municipal, and public use,
and that includes two municipal corporations in two counties;
every public official or employee who is paid a salary or wage in
accordance with schedule C of section 124.15 or schedule E-2 of
section 124.152 of the Revised Code; members of the board of
trustees and the executive director of the southern Ohio
agricultural and community development foundation; all members
appointed to the Ohio livestock care standards board under section
904.02 of the Revised Code; and every other public official or
employee who is designated by the appropriate ethics commission
pursuant to division (B) of this section.
The disclosure statement shall include all of the following:
(1)(a) The name of the person filing the statement, the
person's spouse, and each
member dependent child of the person's
immediate family person who is eighteen years of age or older and
all who resides in the person's household;
(b) All names under which the person, spouse, or members of
the person's immediate family dependent child who is eighteen
years of age or older and who resides in the person's household do
business;
(2)(a) Subject to divisions (A)(2)(b) and, (c), and (d) of
this section and except as otherwise provided in section 102.022
of the Revised Code, identification of every source of income,
other than income from a legislative agent identified in division
(A)(2)(b) of this section or income derived by and received in the
name of the spouse of the person filing the statement that is not
clearly designated for the use and benefit of the person filing
the statement, received during the preceding calendar year, in the
person's own name or by any other person for the person's use or
benefit, by the person filing the statement, and a brief
description of the nature of the services for which the income was
received. If the person filing the statement is a member of the
general assembly, the statement shall identify the amount of every
source of income received in accordance with the following ranges
of amounts: zero or more, but less than one thousand dollars; one
thousand dollars or more, but less than ten thousand dollars; ten
thousand dollars or more, but less than twenty-five thousand
dollars; twenty-five thousand dollars or more, but less than fifty
thousand dollars; fifty thousand dollars or more, but less than
one hundred thousand dollars; and one hundred thousand dollars or
more. Division (A)(2)(a) of this section shall not be construed to
require a person filing the statement who derives income from a
business or profession to disclose the individual items of income
that constitute the gross income of that business or profession,
except for those individual items of income that are attributable
to the person's or, if the income is shared with the person, the
partner's, solicitation of services or goods or performance,
arrangement, or facilitation of services or provision of goods on
behalf of the business or profession of clients, including
corporate clients, who are legislative agents. A person who files
the statement under this section shall disclose the identity of
and the amount of income received from a person who the public
official or employee knows or has reason to know is doing or
seeking to do business of any kind with the public official's or
employee's agency.
(b) If the person filing the statement is a member of the
general assembly, the statement shall identify every source of
income and the amount of that income that was received from a
legislative agent during the preceding calendar year, in the
person's own name or by any other person for the person's use or
benefit, by the person filing the statement, and a brief
description of the nature of the services for which the income was
received. Division (A)(2)(b) of this section requires the
disclosure of clients of attorneys or persons licensed under
section 4732.12 of the Revised Code, or patients of persons
certified under section 4731.14 of the Revised Code, if those
clients or patients are legislative agents. Division (A)(2)(b) of
this section requires a person filing the statement who derives
income from a business or profession to disclose those individual
items of income that constitute the gross income of that business
or profession that are received from legislative agents.
(c) Except as otherwise provided in division (A)(2)(c) of
this section, division (A)(2)(a) of this section applies to
attorneys, physicians, and other persons who engage in the
practice of a profession and who, pursuant to a section of the
Revised Code, the common law of this state, a code of ethics
applicable to the profession, or otherwise, generally are required
not to reveal, disclose, or use confidences of clients, patients,
or other recipients of professional services except under
specified circumstances or generally are required to maintain
those types of confidences as privileged communications except
under specified circumstances. Division (A)(2)(a) of this section
does not require an attorney, physician, or other professional
subject to a confidentiality requirement as described in division
(A)(2)(c) of this section to disclose the name, other identity, or
address of a client, patient, or other recipient of professional
services if the disclosure would threaten the client, patient, or
other recipient of professional services, would reveal details of
the subject matter for which legal, medical, or professional
advice or other services were sought, or would reveal an otherwise
privileged communication involving the client, patient, or other
recipient of professional services. Division (A)(2)(a) of this
section does not require an attorney, physician, or other
professional subject to a confidentiality requirement as described
in division (A)(2)(c) of this section to disclose in the brief
description of the nature of services required by division
(A)(2)(a) of this section any information pertaining to specific
professional services rendered for a client, patient, or other
recipient of professional services that would reveal details of
the subject matter for which legal, medical, or professional
advice was sought or would reveal an otherwise privileged
communication involving the client, patient, or other recipient of
professional services.
(d) If the person filing the statement received rental income
from residential property owned by the person, the statement shall
identify only the address of each property that is a source of
rental income.
(3) The name of every corporation on file with the secretary
of state that is incorporated in this state or holds a certificate
of compliance authorizing it to do business in this state, trust,
business trust, partnership, or association that transacts
business in this state in which the person filing the statement or
any other person for the person's use and benefit had during the
preceding calendar year an investment of over one thousand dollars
at fair market value as of the thirty-first day of December of the
preceding calendar year, or the date of disposition, whichever is
earlier, or in which the person holds any office or has a
fiduciary relationship, and a description of the nature of the
investment, office, or relationship. Division (A)(3) of this
section does not require disclosure of the name of any bank,
savings and loan association, credit union, or building and loan
association with which the person filing the statement has a
deposit or a withdrawable share account.
(4) All fee simple and leasehold interests to which the
person filing the statement holds legal title to or a beneficial
interest in real property located within the state, excluding the
person's residence and property used primarily for personal
recreation;
(5) The names of all persons residing or transacting business
in the state to whom the person filing the statement owes owed
during the preceding calendar year, in the person's own name or in
the name of any other person, more than
one five thousand
dollars, if the debt was not paid in full within sixty days after
the debt was incurred. Division (A)(5) of this section shall not
be construed to require the disclosure of debts owed by the person
resulting from the ordinary conduct of a business or profession or
debts on the person's residence or real property used primarily
for personal recreation, except that the superintendent of
financial institutions shall disclose the names of all
state-chartered savings and loan associations and of all service
corporations subject to regulation under division (E)(2) of
section 1151.34 of the Revised Code to whom the superintendent in
the superintendent's own name or in the name of any other person
owes any money, and that the superintendent and any deputy
superintendent of banks shall disclose the names of all
state-chartered banks and all bank subsidiary corporations subject
to regulation under section 1109.44 of the Revised Code to whom
the superintendent or deputy superintendent owes any money.
(6) The names of all persons residing or transacting business
in the state, other than a depository excluded under division
(A)(3) of this section, who owe owed during the preceding calendar
year more than one five thousand dollars to the person filing the
statement, either in the person's own name or to any person for
the person's use or benefit, if the debt was not paid in full
within sixty days after the debt was incurred. Division (A)(6) of
this section shall not be construed to require the disclosure of
clients of attorneys or persons licensed under section 4732.12 or
4732.15 of the Revised Code, or patients of persons certified
under section 4731.14 of the Revised Code, nor the disclosure of
debts owed to the person resulting from the ordinary conduct of a
business or profession.
(7) Except as otherwise provided in section 102.022 of the
Revised Code, the source of each gift of over seventy-five
dollars, or of each gift of over twenty-five dollars received by a
member of the general assembly from a legislative agent, received
by the person in the person's own name or by any other person for
the person's use or benefit during the preceding calendar year,
except gifts received by will or by virtue of section 2105.06 of
the Revised Code, or received from spouses, parents, grandparents,
children, grandchildren, siblings, nephews, nieces, uncles, aunts,
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law,
fathers-in-law, mothers-in-law, or any person to whom the person
filing the statement stands in loco parentis, or received by way
of distribution from any inter vivos or testamentary trust
established by a spouse or by an ancestor;
(8) Except as otherwise provided in section 102.022 of the
Revised Code, identification of the source and amount of every
payment of expenses incurred for travel to destinations inside or
outside this state that is received by the person in the person's
own name or by any other person for the person's use or benefit
and that is incurred in connection with the person's official
duties, except for such expenses paid for or reimbursed by the
United States government or a state or local government located in
the United States and except for expenses for travel to meetings
or conventions of a national or state organization to which any
state agency, including, but not limited to, any legislative
agency or state institution of higher education as defined in
section 3345.011 of the Revised Code, pays membership dues, or any
political subdivision or any office or agency of a political
subdivision pays membership dues;
(9)(8)(a) Except as otherwise provided in division (A)(8)(d)
of this section and section 102.022 of the Revised Code,
identification of the source of payment of expenses for meals and
other food and beverages, other than for meals and other food and
beverages provided at a meeting at which the person participated
in a panel, seminar, or speaking engagement or at a meeting or
convention of a national or state organization to which any state
agency, including, but not limited to, any legislative agency or
state institution of higher education as defined in section
3345.011 of the Revised Code, pays membership dues, or any
political subdivision or any office or agency of a political
subdivision pays membership dues, any expenditures that are
incurred received in connection with the person's official duties
and that exceed one hundred dollars aggregated per calendar year;
(10) If the disclosure statement is filed by a public
official or employee described in division (B)(2) of section
101.73 of the Revised Code or division (B)(2) of section 121.63 of
the Revised Code who receives a statement from a legislative
agent, executive agency lobbyist, or employer that contains the
information described in division (F)(2) of section 101.73 of the
Revised Code or division (G)(2) of section 121.63 of the Revised
Code, all of the nondisputed information contained in the
statement delivered to that public official or employee by the
legislative agent, executive agency lobbyist, or employer under
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of
the Revised Code.
(b) As used in this section, "expenditure" means any of the
following that is made to, at the request of, for the benefit of,
or on behalf of the person filing the statement:
(i) A payment, distribution, loan, advance, deposit,
reimbursement, or gift of money, real estate, or anything of
value, including, but not limited to, food and beverages,
entertainment, lodging, transportation, or honorariums;
(ii) A contract, promise, or agreement to make an
expenditure, whether or not legally enforceable; or
(iii) The purchase, sale, or gift of services or any other
thing of value.
(c) As used in this section, "expenditure" does not include
any of the following:
(i) Meals and other food and beverages provided at a meeting
at which the person filing the statement participated in a panel,
seminar, or speaking engagement or at a meeting or convention of a
national or state organization to which any state agency,
including, but not limited to, any legislative agency or state
institution of higher education as defined in section 3345.011 of
the Revised Code, pays membership dues, or any political
subdivision or any office or agency of a political subdivision
pays membership dues;
(ii) Gifts received by will or by virtue of section 2105.06
of the Revised Code, or received from spouses, parents,
grandparents, children, grandchildren, siblings, nephews, nieces,
uncles, aunts, brothers-in-law, sisters-in-law, sons-in-law,
daughters-in-law, fathers-in-law, mothers-in-law, or any person to
whom the person filing the statement stands in loco parentis, or
received by way of distribution from any inter vivos or
testamentary trust established by a spouse or by an ancestor;
(iii) A contribution, gift, or grant to a foundation or other
charitable organization that is exempt from federal income
taxation under subsection 501(c)(3) of the Internal Revenue Code;
(iv) The purchase, sale, or gift of services or any other
thing of value that is available to the general public on the same
terms as it is available to the person filing the statement; or
(v) An offer or sale of securities to the person filing the
statement that is governed by regulation D, 17 C.F.R. 230.501 to
230.508, adopted under the authority of the "Securities Act of
1933," 48 Stat. 74, 15 U.S.C. 77a and following, or that is
governed by a comparable provision under state law.
(d) The joint legislative ethics committee and the Ohio
ethics commission may, by rule, create exceptions to the reporting
requirement described in division (A)(8)(a) of this section. A
person filing a statement with the joint legislative ethics
committee or the Ohio ethics commission shall not be required to
report the source of an expenditure under that division if the
expenditure falls under an exception created by the body with
which the statement is filed.
A person may file a statement required by this section in
person or by mail. A person who is a candidate for elective office
shall file the statement no later than the thirtieth day before
the primary, special, or general election at which the candidacy
is to be voted on, whichever election occurs soonest, except that
a person who is a write-in candidate shall file the statement no
later than the twentieth day before the earliest election at which
the person's candidacy is to be voted on. A person who holds
elective office shall file the statement on or before the
fifteenth day of April of each year unless the person is a
candidate for office. A person who is appointed to fill a vacancy
for an unexpired term in an elective office shall file the
statement within fifteen days after the person qualifies for
office. Other persons shall file an annual statement on or before
the fifteenth day of April or, if appointed or employed after that
date, within ninety days after appointment or employment. No
person shall be required to file with the appropriate ethics
commission more than one statement or pay more than one filing fee
for any one calendar year.
The appropriate ethics commission, for good cause, may extend
for a reasonable time the deadline for filing a statement under
this section.
A statement filed under this section is subject to public
inspection at locations designated by the appropriate ethics
commission except as otherwise provided in this section.
(B) The Ohio ethics commission, the joint legislative ethics
committee, and the board of commissioners on grievances and
discipline of the supreme court, using the rule-making procedures
of Chapter 119. of the Revised Code, may require any class of
public officials or employees under its jurisdiction and not
specifically excluded by this section whose positions involve a
substantial and material exercise of administrative discretion in
the formulation of public policy, expenditure of public funds,
enforcement of laws and rules of the state or a county or city, or
the execution of other public trusts, to file an annual statement
on or before the fifteenth day of April under division (A) of this
section. The appropriate ethics commission shall send the public
officials or employees written notice of the requirement by the
fifteenth day of February of each year the filing is required
unless the public official or employee is appointed after that
date, in which case the notice shall be sent within thirty days
after appointment, and the filing shall be made not later than
ninety days after appointment.
Except for disclosure statements filed by members of the
board of trustees and the executive director of the southern Ohio
agricultural and community development foundation, disclosure
statements filed under this division or division (E) of this
section with the Ohio ethics commission by members of boards,
commissions, or bureaus of the state for which no compensation is
received other than reasonable and necessary expenses shall be
kept confidential. Disclosure statements filed with the Ohio
ethics commission under division (A) or (E) of this section by
business managers, treasurers, and superintendents of city, local,
exempted village, joint vocational, or cooperative education
school districts or educational service centers shall be kept
confidential, except that any person conducting an audit of any
such school district or educational service center pursuant to
section 115.56 or Chapter 117. of the Revised Code may examine the
disclosure statement of any business manager, treasurer, or
superintendent of that school district or educational service
center. Disclosure statements filed with the Ohio ethics
commission under division (A) or (E) of this section by the
individuals set forth in division (B)(2) of section 187.03 of the
Revised Code shall be kept confidential. The Ohio ethics
commission shall examine each disclosure statement required to be
kept confidential to determine whether a potential conflict of
interest exists for the person who filed the disclosure statement.
A potential conflict of interest exists if the private interests
of the person, as indicated by the person's disclosure statement,
might interfere with the public interests the person is required
to serve in the exercise of the person's authority and duties in
the person's office or position of employment. If the commission
determines that a potential conflict of interest exists, it shall
notify the person who filed the disclosure statement and shall
make the portions of the disclosure statement that indicate a
potential conflict of interest subject to public inspection in the
same manner as is provided for other disclosure statements. Any
portion of the disclosure statement that the commission determines
does not indicate a potential conflict of interest shall be kept
confidential by the commission and shall not be made subject to
public inspection, except as is necessary for the enforcement of
Chapters 102. and 2921. of the Revised Code and except as
otherwise provided in this division.
(C) No person shall knowingly fail to file, on or before the
applicable filing deadline established under this section, a
statement that is required by this section.
(D) No person shall knowingly file a false statement that is
required to be filed under this section.
(E)(1) A person may file an amended disclosure statement
under this section not more than one hundred eighty days after the
original statement was required to be filed. Upon receiving an
amended statement filed under this division, the appropriate
ethics commission shall acknowledge receipt of the amended
statement and, except as provided in division (E)(3) of this
section, shall accept and retain it in the same manner as the
original statement.
(2) A person may file an amended disclosure statement under
this section more than one hundred eighty days after the original
statement was required to be filed only in order to correct an
error made in good faith. Upon receiving an amended statement
filed under this division, the appropriate ethics commission shall
acknowledge receipt of the amended statement. The appropriate
ethics commission may accept and retain an amended statement filed
under this division in the same manner as the original statement,
unless the commission determines that the person filing the
amended statement:
(a) Did not make an error in good faith;
(b) Knowingly failed to provide the information required by
this section or by section 102.022 of the Revised Code; or
(c) Knowingly filed a false statement under this section.
(3) A person who files an amended disclosure statement under
division (E)(1) or (2) of this section shall file with the amended
statement a written explanation of the information the person has
amended and the reason for the amendment.
(4) The appropriate ethics commission may reject an amended
statement filed under division (E)(1) or (2) of this section if
any of the additional information submitted in the statement is
material to a complaint, charge, or inquiry.
(F)(1) Except as provided in divisions (E)(F)(2) and (3) of
this section, the statement required by division (A) or (B) of
this section shall be accompanied by a filing fee of sixty
dollars.
(2) The statement required by division (A) of this section
shall be accompanied by the following filing fee to be paid by the
person who is elected or appointed to, or is a candidate for, any
of the following offices:
|
For state office, except member of the |
|
|
|
|
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state board of education |
|
$95 |
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|
For office of member of general assembly |
|
$40 |
|
|
|
For county office |
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$60 |
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For city office |
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$35 |
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For office of member of the state board |
|
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of education |
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$35 |
|
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|
|
|
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|
|
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For office of member of a city, local, |
|
|
|
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exempted village, or cooperative |
|
|
|
|
|
education board of |
|
|
|
|
|
education or educational service |
|
|
|
|
|
center governing board |
|
$30 |
|
|
|
For position of business manager, |
|
|
|
|
|
treasurer, or superintendent of a |
|
|
|
|
|
city, local, exempted village, joint |
|
|
|
|
|
vocational, or cooperative education |
|
|
|
|
|
school district or |
|
|
|
|
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educational service center |
|
$30 |
|
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(3) No judge of a court of record or candidate for judge of a
court of record, and no referee or magistrate serving a court of
record, shall be required to pay the fee required under division
(E)(F)(1) or (2) or (F)(G) of this section.
(4) For any public official who is appointed to a nonelective
office of the state and for any employee who holds a nonelective
position in a public agency of the state, the state agency that is
the primary employer of the state official or employee shall pay
the fee required under division (E)(F)(1) or (F)(G) of this
section.
(F)(G) If a statement required to be filed under this section
is not filed by the date on which it is required to be filed, the
appropriate ethics commission shall assess the person required to
file the statement a late filing fee of ten dollars for each day
the statement is not filed, except that the total amount of the
late filing fee shall not exceed two hundred fifty dollars.
(G)(H)(1) The appropriate ethics commission other than the
Ohio ethics commission and the joint legislative ethics committee
shall deposit all fees it receives under divisions (E)(F) and
(F)(G) of this section into the general revenue fund of the state.
(2) The Ohio ethics commission shall deposit all receipts,
including, but not limited to, fees it receives under divisions
(E)(F) and (F)(G) of this section, investigative or other fees,
costs, or other funds it receives as a result of court orders, and
all moneys it receives from settlements under division (G)(H) of
section 102.06 of the Revised Code, into the Ohio ethics
commission fund, which is hereby created in the state treasury.
All moneys credited to the fund shall be used solely for expenses
related to the operation and statutory functions of the
commission.
(3) The joint legislative ethics committee shall deposit all
receipts it receives from the payment of financial disclosure
statement filing fees under divisions (E)(F) and (F)(G) of this
section into the joint legislative ethics committee investigative
fund.
(H)(I) Division (A) of this section does not apply to a
person elected or appointed to the office of precinct, ward, or
district committee member under Chapter 3517. of the Revised Code;
a presidential elector; a delegate to a national convention;
village or township officials and employees; any physician or
psychiatrist who is paid a salary or wage in accordance with
schedule C of section 124.15 or schedule E-2 of section 124.152 of
the Revised Code and whose primary duties do not require the
exercise of administrative discretion; or any member of a board,
commission, or bureau of any county or city who receives less than
one thousand dollars per year for serving in that position.
Sec. 102.021. (A)(1) For the twenty-four month twelve-month
period immediately following the end of the former state elected
officer's or staff member's service or public employment, except
as provided in division (B) or (D) of this section, each former
state elected officer or staff member who filed or was required to
file a disclosure statement under section 102.02 of the Revised
Code shall file, on or before the deadlines specified in division
(D) of this section, with the joint legislative ethics committee a
statement that shall include the information described in
divisions (A)(2), (3), (4), and (5) of this section, as
applicable. The statement shall be filed on a form and in the
manner specified by the joint legislative ethics committee. This
division does not apply to a state elected officer or staff member
who filed or was required to file a disclosure statement under
section 102.02 of the Revised Code, who leaves service or public
employment, and who takes another position as a state elected
officer or staff member who files or is required to file a
disclosure statement under that section.
No person shall fail to file, on or before the deadlines
specified in division (D) of this section, a statement that is
required by this division.
(2) The statement referred to in division (A)(1) of this
section shall describe the source of all income received, in the
former state elected officer's or staff member's own name or by
any other person for the person's use or benefit, and briefly
describe the nature of the services for which the income was
received if the source of the income was any of the following:
(a) An executive agency lobbyist or a legislative agent;
(b) The employer of an executive agency lobbyist or
legislative agent, except that this division does not apply if the
employer is any state agency or political subdivision of the
state;
(c) Any entity, association, or business that, at any time
during the two immediately preceding calendar years, was awarded
one or more contracts by one or more state agencies that in the
aggregate had a value of one hundred thousand dollars or more, or
bid on one or more contracts to be awarded by one or more state
agencies that in the aggregate had a value of one hundred thousand
dollars or more.
(3) If the former state elected officer or staff member
received no income as described in division (A)(2) of this
section, the statement referred to in division (A)(1) of this
section shall indicate that fact.
(4) If the former state elected officer or staff member
directly or indirectly made, either separately or in combination
with another, any expenditure or gift for transportation, lodging,
or food or beverages to, at the request of, for the benefit of, or
on behalf of any public officer or employee, and if the former
state elected officer or staff member would be required to report
the expenditure or gift in a statement under sections 101.70 to
101.79 or sections 121.60 to 121.69 of the Revised Code, whichever
is applicable, if the former state elected officer or staff member
was a legislative agent or executive agency lobbyist at the time
the expenditure or gift was made, the statement referred to in
division (A)(1) of this section shall include all information
relative to that gift or expenditure that would be required in a
statement under sections 101.70 to 101.79 or sections 121.60 to
121.69 of the Revised Code if the former state elected officer or
staff member was a legislative agent or executive agency lobbyist
at the time the expenditure or gift was made.
(5) If the former state elected officer or staff member made
no expenditure or gift as described in division (A)(4) of this
section, the statement referred to in division (A)(1) of this
section shall indicate that fact.
(B) If, at any time during the twenty-four month twelve-month
period immediately following the end of the former state elected
officer's or staff member's service or public employment, a former
state elected officer or staff member who filed or was required to
file a disclosure statement under section 102.02 of the Revised
Code becomes a legislative agent or an executive agency lobbyist,
the former state elected officer or staff member shall comply with
all registration and filing requirements set forth in sections
101.70 to 101.79 or sections 121.60 to 121.69 of the Revised Code,
whichever is applicable, and, the former state elected officer or
staff member also shall file a statement under division (A)(1) of
this section except that the statement filed under division (A)(1)
of this section does not need to include information regarding any
income source, expenditure, or gift to the extent that that
information was included in any registration or statement filed
under sections 101.70 to 101.79 or sections 121.60 to 121.69 of
the Revised Code.
(C) Except as otherwise provided in this division, division
(A)(2) of this section applies to attorneys, physicians, and other
persons who engage in the practice of a profession and who,
pursuant to a section of the Revised Code, the common law of this
state, a code of ethics applicable to the profession, or
otherwise, generally are required not to reveal, disclose, or use
confidences of clients, patients, or other recipients of
professional services except under specified circumstances or
generally are required to maintain those types of confidences as
privileged communications except under specified circumstances.
Division (A)(2) of this section does not require an attorney,
physician, or other professional subject to a confidentiality
requirement as described in this division to disclose the name,
other identity, or address of a client, patient, or other
recipient of professional services if the disclosure would
threaten the client, patient, or other recipient of professional
services, would reveal details of the subject matter for which
legal, medical, or professional advice or other services were
sought, or would reveal an otherwise privileged communication
involving the client, patient, or other recipient of professional
services. Division (A)(2) of this section does not require an
attorney, physician, or other professional subject to a
confidentiality requirement as described in this division to
disclose in the brief description of the nature of services
required by division (A)(2) of this section any information
pertaining to specific professional services rendered for a
client, patient, or other recipient of professional services that
would reveal details of the subject matter for which legal,
medical, or professional advice was sought or would reveal an
otherwise privileged communication involving the client, patient,
or other recipient of professional services.
(D)(1) Each state elected officer or staff member who filed
or was required to file a disclosure statement under section
102.02 of the Revised Code and who leaves public service or public
employment shall file an initial statement under division (A)(1)
of this section not later than the day on which the former state
elected officer or staff member leaves public service or public
employment. The initial statement shall specify whether the person
will, or will not, receive any income from a source described in
division (A)(2)(a), (b), or (c) of this section.
If a person files an initial statement under this division
that states that the person will receive income from a source
described in division (A)(2)(a), (b), or (c) of this section, the
person is required to file statements under division (A)(2), (3),
(4), or (5) of this section at the times specified in division
(D)(2) of this section.
If a person files an initial statement under this division
that states that the person will not receive income from a source
described in division (A)(2)(a), (b), or (c) of this section,
except as otherwise provided in this division, the person is not
required to file statements under division (A)(2), (4), or (5) of
this section or to file subsequent statements under division
(A)(3) of this section. If a person files an initial statement
under this division that states that the person will not receive
income from a source described in division (A)(2)(a), (b), or (c)
of this section, and, subsequent to the filing of that initial
statement, the person receives any income from a source described
in division (A)(2)(a), (b), or (c) of this section, the person
within ten days shall file a statement under division (A)(2) of
this section that contains the information described in that
division, and the person thereafter shall file statements under
division (A)(2), (3), (4), or (5) of this section at the times
specified in division (D)(2) of this section.
(2) After the filing of the initial statement under division
(D)(1) of this section, each person required to file a statement
under division (A)(2), (3), (4), or (5) of this section shall file
it on or before the last calendar day of January, May, and
September. The statements described in divisions (A)(2), (3), and
(5) of this section shall relate to the sources of income the
person received in the immediately preceding filing period from
each source of income in each of the categories listed in division
(A)(2) of this section. The statement described in division (A)(4)
of this section shall include any information required to be
reported regarding expenditures and gifts of the type described in
division (A)(4) of this section occurring since the filing of the
immediately preceding statement.
If, pursuant to this division, a person files a statement
under division (A)(2) of this section, the person is required to
file statements under division (A)(4) of this section, and
subsequent statements under division (A)(2), (3), or (5) of this
section, at the times specified in this division. In addition, if,
subsequent to the filing of the statement under division (A)(2) of
this section, the person receives any income from a source
described in division (A)(2)(a), (b), or (c) of this section that
was not listed on the statement filed under division (A)(2) of
this section, the person within ten days shall file a statement
under division (A)(2) of this section that contains the
information described in that division regarding the new income
source.
If, pursuant to this division, a person files a statement
under division (A)(3) of this section, except as otherwise
provided in this division, the person thereafter is not required
to file statements under division (A)(2), (4), or (5) of this
section, or to file subsequent statements under division (A)(3) of
this section. If, subsequent to the filing of the statement under
division (A)(3) of this section, the person receives any income
from a source described in division (A)(2)(a), (b), or (c) of this
section, the person within ten days shall file a statement under
division (A)(2) of this section that contains the information
described in that division regarding the new income source, and
the person thereafter shall file statements under division (A)(4)
of this section, and subsequent statements under division (A)(2)
or (3) of this section, at the times specified in this division.
(3) No fee shall be required for filing an initial a
statement under division (D)(1) of this section. The person filing
a statement under division (D)(2) of this section that is required
to be filed on or before the last calendar day of January, May,
and September shall pay a ten dollar filing fee with each such
statement not to exceed thirty dollars in any calendar year. The
However, the joint legislative ethics committee may charge late
fees in the same manner as specified in division (G) of section
101.72 of the Revised Code.
(E) Any state elected officer or staff member who filed or
was required to file a disclosure statement under section 102.02
of the Revised Code and who leaves public service or public
employment shall provide a forwarding address to the officer's or
staff member's last employer, and the employer shall provide the
person's name and address to the joint legislative ethics
committee. The former elected state officer or staff member shall
provide updated forwarding addresses as necessary to the joint
legislative ethics committee during the twenty-four month
twelve-month period during which division (A)(1) of this section
applies. The public agency or appointing authority that was the
last employer of a person required to file a statement under
division (A)(2) of this section shall furnish to the person a copy
of the form needed to complete the initial statement required
under division (D)(1) of this section.
(F) During the twenty-four month twelve-month period
immediately following the end of the former state elected
officer's or staff member's service or public employment, no
person required to file a statement under this section shall
receive from a source described in division (A)(2)(a), (b), or (c)
of this section, and no source described in division (A)(2)(a),
(b), or (c) of this section shall pay to that person, any
compensation that is contingent in any way upon the introduction,
modification, passage, or defeat of any legislation or the outcome
of any executive agency decision.
(G)(1) As used in this section, "state elected officer or
staff member" means any elected officer of this state, any staff,
as defined in section 101.70 of the Revised Code, or any staff, as
defined in section 121.60 of the Revised Code.
(2) As used in this section, "expenditure" has the meaning
defined in section 101.70 of the Revised Code when used in
relation to activities of a legislative agent, and the meaning
defined in section 121.60 of the Revised Code when used in
relation to activities of an executive agency lobbyist.
Sec. 102.03. (A)(1) No present or former public official or
employee shall, during public employment or service or for twelve
months thereafter, represent a client or act in a representative
capacity for any person on any matter in which the public official
or employee personally participated as a public official or
employee through decision, approval, disapproval, recommendation,
the rendering of advice, investigation, or other substantial
exercise of administrative discretion.
(2) For twenty-four months after the conclusion of service,
no former commissioner or attorney examiner of the public
utilities commission shall represent a public utility, as defined
in section 4905.02 of the Revised Code, or act in a representative
capacity on behalf of such a utility before any state board,
commission, or agency.
(3) For twenty-four months after the conclusion of employment
or service, no former public official or employee who personally
participated as a public official or employee through decision,
approval, disapproval, recommendation, the rendering of advice,
the development or adoption of solid waste management plans,
investigation, inspection, or other substantial exercise of
administrative discretion under Chapter 343. or 3734. of the
Revised Code shall represent a person who is the owner or operator
of a facility, as defined in section 3734.01 of the Revised Code,
or who is an applicant for a permit or license for a facility
under that chapter, on any matter in which the public official or
employee personally participated as a public official or employee.
(4) For a period of one year after the conclusion of
employment or service as a member or employee of the general
assembly, no former member or employee of the general assembly
shall represent, or act in a representative capacity for, any
person on any matter before the general assembly, any committee of
the general assembly, or the controlling board. Division (A)(4) of
this section does not apply to or affect a person who separates
from service with the general assembly on or before December 31,
1995. As used in division (A)(4) of this section "person" does not
include any state agency or political subdivision of the state.
(5) As used in divisions (A)(1), (2), and (3) of this
section, "matter" includes any case, proceeding, application,
determination, issue, or question, but does not include the
proposal, consideration, or enactment of statutes, rules,
ordinances, resolutions, or charter or constitutional amendments.
As used in division (A)(4) of this section, "matter" includes the
proposal, consideration, or enactment of statutes, resolutions, or
constitutional amendments. As used in division (A) of this
section, "represent" includes any formal or informal appearance
before, or any written or oral communication with, any public
agency on behalf of any person.
(6)(5) Nothing contained in division (A) of this section
shall prohibit, during such period, a former public official or
employee from being retained or employed to represent, assist, or
act in a representative capacity for the public agency by which
the public official or employee was employed or on which the
public official or employee served.
(7)(6) Division (A) of this section shall not be construed to
prohibit the performance of ministerial functions, including, but
not limited to, the filing or amendment of tax returns,
applications for permits and licenses, incorporation papers, and
other similar documents.
(8)(7) Division (A) of this section does not prohibit a
nonelected public official or employee of a state agency, as
defined in section 1.60 of the Revised Code, from becoming a
public official or employee of another state agency. Division (A)
of this section does not prohibit such an official or employee
from representing or acting in a representative capacity for the
official's or employee's new state agency on any matter in which
the public official or employee personally participated as a
public official or employee at the official's or employee's former
state agency. However, no public official or employee of a state
agency shall, during public employment or for twelve months
thereafter, represent or act in a representative capacity for the
official's or employee's new state agency on any audit or
investigation pertaining to the official's or employee's new state
agency in which the public official or employee personally
participated at the official's or employee's former state agency
through decision, approval, disapproval, recommendation, the
rendering of advice, investigation, or other substantial exercise
of administrative discretion.
(9)(8) Division (A) of this section does not prohibit a
nonelected public official or employee of a political subdivision
from becoming a public official or employee of a different
department, division, agency, office, or unit of the same
political subdivision. Division (A) of this section does not
prohibit such an official or employee from representing or acting
in a representative capacity for the official's or employee's new
department, division, agency, office, or unit on any matter in
which the public official or employee personally participated as a
public official or employee at the official's or employee's former
department, division, agency, office, or unit of the same
political subdivision. As used in this division, "political
subdivision" means a county, township, municipal corporation, or
any other body corporate and politic that is responsible for
government activities in a geographic area smaller than that of
the state.
(10)(9) No present or former Ohio casino control commission
official shall, during public service or for two years thereafter,
represent a client, be employed or compensated by a person
regulated by the commission, or act in a representative capacity
for any person on any matter before or concerning the commission.
No present or former commission employee shall, during public
employment or for two years thereafter, represent a client or act
in a representative capacity on any matter in which the employee
personally participated as a commission employee through decision,
approval, disapproval, recommendation, the rendering of advice,
investigation, or other substantial exercise of administrative
discretion.
(B) No present or former public official or employee shall
disclose or use, without appropriate authorization, any
information acquired by the public official or employee in the
course of the public official's or employee's official duties that
is confidential because of statutory provisions, or that has been
clearly designated to the public official or employee as
confidential when that confidential designation is warranted
because of the status of the proceedings or the circumstances
under which the information was received and preserving its
confidentiality is necessary to the proper conduct of government
business.
(C) No public official or employee shall participate within
the scope of duties as a public official or employee, except
through ministerial functions as defined in division (A) of this
section, in any license or rate-making proceeding that directly
affects the license or rates of any person, partnership, trust,
business trust, corporation, or association in which the public
official or employee or immediate family owns or controls more
than five per cent. No public official or employee shall
participate within the scope of duties as a public official or
employee, except through ministerial functions as defined in
division (A) of this section, in any license or rate-making
proceeding that directly affects the license or rates of any
person to whom the public official or employee or immediate
family, or a partnership, trust, business trust, corporation, or
association of which the public official or employee or the public
official's or employee's immediate family owns or controls more
than five per cent, has sold goods or services totaling more than
one thousand dollars during the preceding year, unless the public
official or employee has filed a written statement acknowledging
that sale with the clerk or secretary of the public agency and the
statement is entered in any public record of the agency's
proceedings. This division shall not be construed to require the
disclosure of clients of attorneys or persons licensed under
section 4732.12 or 4732.15 of the Revised Code, or patients of
persons certified under section 4731.14 of the Revised Code.
(D) No public official or employee shall use or authorize the
use of the authority or influence of office or employment to
secure anything of value or the promise or offer of anything of
value that is of such a character as to manifest a substantial and
improper influence upon the public official or employee with
respect to that person's duties.
(E) No public official or employee shall solicit or accept
anything of value that is of such a character as to manifest a
substantial and improper influence upon the public official or
employee with respect to that person's duties.
(F) No person shall promise or give to a public official or
employee anything of value that is of such a character as to
manifest a substantial and improper influence upon the public
official or employee with respect to that person's duties.
(G) In the absence of bribery or another offense under the
Revised Code or a purpose to defraud, contributions made to a
campaign committee, political party, legislative campaign fund,
political action committee, or political contributing entity on
behalf of an elected public officer or other public official or
employee who seeks elective office shall be considered to accrue
ordinarily to the public official or employee for the purposes of
divisions (D), (E), and (F) of this section.
As used in this division, "contributions," "campaign
committee," "political party," "legislative campaign fund,"
"political action committee," and "political contributing entity"
have the same meanings as in section 3517.01 of the Revised Code.
(H)(1) No public official or employee, except for the
president or other chief administrative officer of or a member of
a board of trustees of a state institution of higher education as
defined in section 3345.011 of the Revised Code, who is required
to file a financial disclosure statement under section 102.02 of
the Revised Code shall solicit or accept, and no person shall give
to that public official or employee, an honorarium. Except as
provided in division (H)(2) of this section, this division and
divisions (D), (E), and (F) of this section do not prohibit a
public official or employee who is required to file a financial
disclosure statement under section 102.02 of the Revised Code from
accepting and do not prohibit a person from giving to that public
official or employee the payment of actual travel expenses,
including any expenses incurred in connection with the travel for
lodging, and meals, food, and beverages provided to the public
official or employee at a meeting at which the public official or
employee participates in a panel, seminar, or speaking engagement
or provided to the public official or employee at a meeting or
convention of a national organization to which any state agency,
including, but not limited to, any state legislative agency or
state institution of higher education as defined in section
3345.011 of the Revised Code, pays membership dues. Except as
provided in division (H)(2) of this section, this division and
divisions (D), (E), and (F) of this section do not prohibit a
public official or employee who is not required to file a
financial disclosure statement under section 102.02 of the Revised
Code from accepting and do not prohibit a person from promising or
giving to that public official or employee an honorarium or the
payment of travel, meal, and lodging expenses if the honorarium,
expenses, or both were paid in recognition of demonstrable
business, professional, or esthetic interests of the public
official or employee that exist apart from public office or
employment, including, but not limited to, such a demonstrable
interest in public speaking and were not paid by any person or
other entity, or by any representative or association of those
persons or entities, that is regulated by, doing business with, or
seeking to do business with the department, division, institution,
board, commission, authority, bureau, or other instrumentality of
the governmental entity with which the public official or employee
serves.
(2) No person who is a member of the board of a state
retirement system, a state retirement system investment officer,
or an employee of a state retirement system whose position
involves substantial and material exercise of discretion in the
investment of retirement system funds shall solicit or accept, and
no person shall give to that board member, officer, or employee,
payment of actual travel expenses, including expenses incurred
with the travel for lodging, meals, food, and beverages.
(I) A public official or employee may accept travel, meals,
and lodging or expenses or reimbursement of expenses for travel,
meals, and lodging in connection with conferences, seminars, and
similar events related to official duties if the travel, meals,
and lodging, expenses, or reimbursement is not of such a character
as to manifest a substantial and improper influence upon the
public official or employee with respect to that person's duties.
The house of representatives and senate, in their code of ethics,
and the Ohio ethics commission, under section 111.15 of the
Revised Code, may adopt rules setting standards and conditions for
the furnishing and acceptance of such travel, meals, and lodging,
expenses, or reimbursement.
A person who acts in compliance with this division and any
applicable rules adopted under it, or any applicable, similar
rules adopted by the supreme court governing judicial officers and
employees, does not violate division (D), (E), or (F) of this
section. This division does not preclude any person from seeking
an advisory opinion from the appropriate ethics commission under
section 102.08 of the Revised Code.
(J) For purposes of divisions (D), (E), and (F) of this
section, the membership of a public official or employee in an
organization shall not be considered, in and of itself, to be of
such a character as to manifest a substantial and improper
influence on the public official or employee with respect to that
person's duties. As used in this division, "organization" means a
church or a religious, benevolent, fraternal, or professional
organization that is tax exempt under subsection 501(a) and
described in subsection 501(c)(3), (4), (8), (10), or (19) of the
"Internal Revenue Code of 1986." This division does not apply to a
public official or employee who is an employee of an organization,
serves as a trustee, director, or officer of an organization, or
otherwise holds a fiduciary relationship with an organization.
This division does not allow a public official or employee who is
a member of an organization to participate, formally or
informally, in deliberations, discussions, or voting on a matter
or to use the public official's or employee's official position
with regard to the interests of the organization on the matter if
the public official or employee has assumed a particular
responsibility in the organization with respect to the matter or
if the matter would affect that person's personal, pecuniary
interests.
(K) It is not a violation of this section for a prosecuting
attorney to appoint assistants and employees in accordance with
division (B) of section 309.06 and section 2921.421 of the Revised
Code, for a chief legal officer of a municipal corporation or an
official designated as prosecutor in a municipal corporation to
appoint assistants and employees in accordance with sections
733.621 and 2921.421 of the Revised Code, for a township law
director appointed under section 504.15 of the Revised Code to
appoint assistants and employees in accordance with sections
504.151 and 2921.421 of the Revised Code, or for a coroner to
appoint assistants and employees in accordance with division (B)
of section 313.05 of the Revised Code.
As used in this division, "chief legal officer" has the same
meaning as in section 733.621 of the Revised Code.
(L) No present public official or employee with a casino
gaming regulatory function shall indirectly invest, by way of an
entity the public official or employee has an ownership interest
or control in, or directly invest in a casino operator, management
company, holding company, casino facility, or gaming-related
vendor. No present public official or employee with a casino
gaming regulatory function shall directly or indirectly have a
financial interest in, have an ownership interest in, be the
creditor or hold a debt instrument issued by, or have an interest
in a contractual or service relationship with a casino operator,
management company, holding company, casino facility, or
gaming-related vendor. This section does not prohibit or limit
permitted passive investing by the public official or employee.
As used in this division, "passive investing" means
investment by the public official or employee by means of a mutual
fund in which the public official or employee has no control of
the investments or investment decisions. "Casino operator,"
"holding company," "management company," "casino facility," and
"gaming-related vendor" have the same meanings as in section
3772.01 of the Revised Code.
(M) A member of the Ohio casino control commission, the
executive director of the commission, or an employee of the
commission shall not:
(1) Accept anything of value, including but not limited to a
gift, gratuity, emolument, or employment from a casino operator,
management company, or other person subject to the jurisdiction of
the commission, or from an officer, attorney, agent, or employee
of a casino operator, management company, or other person subject
to the jurisdiction of the commission;
(2) Solicit, suggest, request, or recommend, directly or
indirectly, to a casino operator, management company, or other
person subject to the jurisdiction of the commission, or to an
officer, attorney, agent, or employee of a casino operator,
management company, or other person subject to the jurisdiction of
the commission, the appointment of a person to an office, place,
position, or employment;
(3) Participate in casino gaming or any other amusement or
activity at a casino facility in this state or at an affiliate
gaming facility of a licensed casino operator, wherever located.
A member of the Ohio casino control commission, the executive
director of the commission, or an employee of the commission may
participate in any other amusement or activity at a casino
facility in this state or at an affiliate gaming facility of a
licensed casino operator, wherever located, if the member,
executive director, or employee pays the same price as the general
public for that amusement or activity.
In addition to the penalty provided in section 102.99 of the
Revised Code, whoever violates division (M)(1), (2), or (3) of
this section forfeits the individual's office or employment.
Sec. 102.031. (A) As used in this section:
(1) "Business associate" means a person with whom a member of
the general assembly is conducting or undertaking a financial
transaction.
(2) "Contribution" has the same meaning as in section 3517.01
of the Revised Code.
(3) "Employee" does not include a member of the general
assembly whose nonlegislative position of employment does not
involve the performance of or the authority to perform
administrative or supervisory functions; or whose nonlegislative
position of employment, if the member is a public employee, does
not involve a substantial and material exercise of administrative
discretion in the formulation of public policy, expenditure of
public funds, enforcement of laws and rules of the state or a
county or city, or execution of other public trusts.
(4) "Expenditure" has the meaning defined in section 101.70
of the Revised Code.
(B) No member of the general assembly shall vote on any
legislation that the member knows is then being actively advocated
if the member is one of the following with respect to a
legislative agent or employer that is then actively advocating on
that legislation:
(2) A business associate;
(3) A person, other than an employee, who is hired under
contract to perform certain services, and that position involves a
substantial and material exercise of administrative discretion in
the formulation of public policy.
(C) No member of the general assembly shall knowingly accept
any of the following from a legislative agent or a person required
to file a statement described in division (A)(2) of section
102.021 of the Revised Code:
(1) The payment of any expenses for travel or lodging except
as otherwise authorized by division (H) of section 102.03 of the
Revised Code;
(2) More Expenditures of more than seventy-five two hundred
fifty dollars aggregated per calendar year as payment for meals
and other food and beverages, other than any contribution and
other than expenditures for those meals and other food and
beverages provided to the member at a meeting at which the member
participates in a panel, seminar, or speaking engagement, at a
meeting or convention of a national organization to which any
state agency, including, but not limited to, any legislative
agency or state institution of higher education as defined in
section 3345.011 of the Revised Code, pays membership dues, or at
a dinner, party, or function to which all members of the general
assembly or all members of either house of the general assembly
are invited;
(3) A gift of any amount in the form of cash or the
equivalent of cash, or a gift of any other thing of value whose
value exceeds seventy-five dollars. As used in division (C)(3) of
this section, "gift" does not include any contribution or any
gifts of meals and other food and beverages or the payment of
expenses incurred for travel to destinations either inside or
outside this state that is received by a member of the general
assembly and that is incurred in connection with the member's
official duties.
(D) It is not a violation of division (C)(2) of this section
if, within sixty days after receiving notice from a legislative
agent that the legislative agent has provided a member of the
general assembly with expenditures of more than seventy-five
two
hundred fifty dollars aggregated in a calendar year as payment for
meals and other food and beverages, the member of the general
assembly returns to that legislative agent the amount received
that exceeds
seventy-five
two hundred fifty dollars.
(E) The joint legislative ethics committee may impose a fine
of not more than one thousand dollars upon a member of the general
assembly who violates division (B) of this section.
Sec. 102.06. (A) The appropriate ethics commission shall
receive and may initiate complaints against persons subject to
this chapter concerning conduct alleged to be in violation of this
chapter or section 2921.42 or 2921.43 of the Revised Code. All
complaints except those by the commission shall be by affidavit
made on personal knowledge, subject to the penalties of perjury.
Complaints by the commission shall be by affidavit, based upon
reasonable cause to believe that a violation has occurred.
(B) The appropriate ethics commission shall investigate
complaints, may investigate charges presented to it, and may
request further information, including the specific amount of
income from a source, from any person filing with the commission a
statement required by section 102.02 or 102.021 of the Revised
Code, if the information sought is directly relevant to a
complaint or charges received by the commission pursuant to this
section. This information is confidential, except that the
commission, in its discretion, may share information gathered in
the course of any investigation with, or disclose the information
to, the inspector general, any appropriate prosecuting authority,
any law enforcement agency, or any other appropriate ethics
commission. If the accused person is a member of the public
employees retirement board, state teachers retirement board,
school employees retirement board, board of trustees of the Ohio
police and fire pension fund, or state highway patrol retirement
board, or is a member of the bureau of workers' compensation board
of directors, the appropriate ethics commission, in its
discretion, also may share information gathered in the course of
an investigation with, or disclose the information to, the
attorney general and the auditor of state. The person so requested
shall furnish the information to the commission, unless within
fifteen days from the date of the request the person files an
action for declaratory judgment challenging the legitimacy of the
request in the court of common pleas of the county of the person's
residence, the person's place of employment, or Franklin county.
The requested information need not be furnished to the commission
during the pendency of the judicial proceedings. Proceedings of
the commission in connection with the declaratory judgment action
shall be kept confidential except as otherwise provided by this
section. Before the commission proceeds to take any formal action
against a person who is the subject of an investigation based on
charges presented to the commission, a complaint shall be filed
against the person. If the commission finds that a complaint is
not frivolous, and there is reasonable cause to believe that the
facts alleged in a complaint constitute a violation of division
(B) or (C) of section 102.07 or section 102.02, 102.021, 102.03,
102.04, 102.07, 2921.42, or 2921.43 of the Revised Code, it shall
hold a hearing. If the commission does not so find, it shall
dismiss the complaint and notify the accused person in writing of
the dismissal of the complaint. The commission shall not make a
report of its finding unless the accused person requests a report.
Upon the request of the accused person, the commission shall make
a public report of its finding. The person against whom the
complaint is directed shall be given reasonable notice by
certified mail of the date, time, and place of the hearing and a
statement of the charges and the law directly involved and shall
be given the opportunity to be represented by counsel, to have
counsel appointed for the person if the person is unable to afford
counsel without undue hardship, to examine the evidence against
the person, to produce evidence and to call and subpoena witnesses
in the person's defense, to confront the person's accusers, and to
cross-examine witnesses. The commission shall have a stenographic
record made of the hearing. The hearing shall be closed to the
public.
(C)(1)(a) If, upon the basis of the hearing, the appropriate
ethics commission finds by a preponderance of the evidence that
the facts alleged in the complaint are true and constitute a
violation of division (B) or (C) of section 102.07 or section
102.02, 102.021, 102.03, 102.04, 102.07, 2921.42, or 2921.43 of
the Revised Code, it shall report its findings to the appropriate
prosecuting authority for proceedings in prosecution of the
violation and to the appointing or employing authority of the
accused. If the accused person is a member of the public employees
retirement board, state teachers retirement board, school
employees retirement board, board of trustees of the Ohio police
and fire pension fund, or state highway patrol retirement board,
the commission also shall report its findings to the Ohio
retirement study council.
(b) If the Ohio ethics commission reports its findings to the
appropriate prosecuting authority under division (C)(1)(a) of this
section and the prosecuting authority has not initiated any
official action on those findings within ninety days after
receiving the commission's report of them, the commission may
publicly comment that no official action has been taken on its
findings, except that the commission shall make no comment in
violation of the Rules of Criminal Procedure or about any
indictment that has been sealed pursuant to any law or those
rules. The commission shall make no comment regarding the merits
of its findings. As used in division (C)(1)(b) of this section,
"official action" means prosecution, closure after investigation,
or grand jury action resulting in a true bill of indictment or no
true bill of indictment.
(2) If the appropriate ethics commission does not find by a
preponderance of the evidence that the facts alleged in the
complaint are true and constitute a violation of division (B) or
(C) of section 102.07 or section 102.02, 102.021, 102.03, 102.04,
102.07, 2921.42, or 2921.43 of the Revised Code or if the
commission has not scheduled a hearing within ninety days after
the complaint is filed or has not finally disposed of the
complaint within six months after it has been heard, it shall
dismiss the complaint and notify the accused person in writing of
the dismissal of the complaint. The commission shall not make a
report of its finding unless the accused person requests a report.
Upon the request of the accused person, the commission shall make
a public report of the finding, but in this case all evidence and
the record of the hearing shall remain confidential unless the
accused person also requests that the evidence and record be made
public. Upon request by the accused person, the commission shall
make the evidence and the record available for public inspection.
(D) The appropriate ethics commission, or a member of the
commission, may administer oaths, and the commission may issue
subpoenas to any person in the state compelling the attendance of
witnesses and the production of relevant papers, books, accounts,
and records. The commission shall issue subpoenas to compel the
attendance of witnesses and the production of documents upon the
request of an accused person. Section 101.42 of the Revised Code
shall govern the issuance of these subpoenas insofar as
applicable. Upon the refusal of any person to obey a subpoena or
to be sworn or to answer as a witness, the commission may apply to
the court of common pleas of Franklin county under section 2705.03
of the Revised Code. The court shall hold proceedings in
accordance with Chapter 2705. of the Revised Code. The commission
or the accused person may take the depositions of witnesses
residing within or without the state in the same manner as
prescribed by law for the taking of depositions in civil actions
in the court of common pleas.
(E) At least once each year, the Ohio ethics commission shall
report on its activities of the immediately preceding year to the
majority and minority leaders of the senate and house of
representatives of the general assembly. The report shall indicate
the total number of complaints received, initiated, and
investigated by the commission, the total number of complaints for
which formal hearings were held, and the total number of
complaints for which formal prosecution was recommended or
requested by the commission. The report also shall indicate the
nature of the inappropriate conduct alleged in each complaint and
the governmental entity with which any employee or official that
is the subject of a complaint was employed at the time of the
alleged inappropriate conduct.
(F) The Ohio ethics commission shall maintain a list of all
executive agencies. The commission shall provide copies of the
list to the general public on request and may charge a reasonable
fee not to exceed the cost of copying and delivering the document.
(G) All papers, records, affidavits, and documents upon any
complaint, inquiry, or investigation relating to the proceedings
of the appropriate ethics commission shall be sealed and are
private and confidential, except as otherwise provided in this
section and section 102.07 of the Revised Code.
(G)(H)(1) When a complaint or charge is before it, the Ohio
ethics commission or the appropriate prosecuting authority, in
consultation with the person filing the complaint or charge, the
accused, and any other person the commission or prosecuting
authority considers necessary, may compromise or settle the
complaint or charge with the agreement of the accused. The
compromise or settlement may include mediation, restitution,
rescission of affected contracts, forfeiture of any benefits
resulting from a violation or potential violation of law,
resignation of a public official or employee, or any other relief
that is agreed upon between the commission or prosecuting
authority and the accused.
(2) Any settlement agreement entered into under division
(G)(1) of this section shall be in writing and be accompanied by a
statement of the findings of the commission or prosecuting
authority and the reasons for entering into the agreement. The
commission or prosecuting authority shall retain the agreement and
statement in the commission's or prosecuting authority's office
and, in the commission's or prosecuting authority's discretion,
may make the agreement, the statement, and any supporting
information public, unless the agreement provides otherwise.
(3) If a settlement agreement is breached by the accused, the
commission or prosecuting authority, in the commission's or
prosecuting authority's discretion, may rescind the agreement and
reinstitute any investigation, hearing, or prosecution of the
accused. No information obtained from the accused in reaching the
settlement that is not otherwise discoverable from the accused
shall be used in any proceeding before the commission or by the
appropriate prosecuting authority in prosecuting the violation.
Notwithstanding any other section of the Revised Code, if a
settlement agreement is breached, any statute of limitations for a
violation of this chapter or section 2921.42 or 2921.43 of the
Revised Code is tolled from the date the complaint or charge is
filed until the date the settlement agreement is breached.
Sec. 102.07. (A) Beginning with disclosure statements
required to be filed for calendar year 2012, the Ohio ethics
commission shall publish and make available to the public on its
official web site each disclosure statement filed with the
commission by a person who is elected to, a candidate for, or
appointed to fill a vacancy for an unexpired term in any elective
office listed in division (A) of section 102.02 of the Revised
Code, except for statements that are required to be kept
confidential under division (B) of that section.
(B) No member, employee, or agent of the Ohio ethics
commission, board of commissioners on grievances and discipline of
the supreme court, or joint legislative ethics committee shall
divulge any information or any books, papers, or documents
presented to the commission, joint legislative ethics committee,
or board of commissioners on grievances and discipline without the
consent, in writing, of the appropriate ethics commission, unless
such books, papers, or documents were presented at a public
hearing, except as provided in section 102.06 of the Revised Code.
(C) No person shall divulge information that appears on a
disclosure statement and is required to be kept confidential under
division (B) of section 102.02 of the Revised Code.
Sec. 102.99. (A) Whoever violates division (C) of section
102.02 or division (C) of section 102.031 of the Revised Code is
guilty of a misdemeanor of the fourth degree.
(B) Whoever violates division (D) of section 102.02, division
(B) or (C) of section 102.07, or section 102.021, 102.03, or
102.04, or 102.07 of the Revised Code is guilty of a misdemeanor
of the first degree.
Sec. 109.54. (A) The bureau of criminal identification and
investigation may investigate any criminal activity in this state
that is of statewide or intercounty concern when requested by
local authorities and may aid federal authorities, when requested,
in their investigation of any criminal activity in this state. The
bureau may investigate any criminal activity in this state related
to the conduct of elections when requested by the secretary of
state. The bureau may assist the Ohio ethics commission and the
joint legislative ethics committee in investigating violations of
sections 102.02, 102.021, 102.03, 102.031, 102.04, 2921.42, and
2921.43 of the Revised Code, upon request by the agency having the
appropriate investigative jurisdiction. The bureau may investigate
any criminal activity in this state involving drug abuse or
illegal drug distribution prohibited under Chapter 3719. or 4729.
of the Revised Code. The superintendent and any agent of the
bureau may participate, as the director of an organized crime task
force established under section 177.02 of the Revised Code or as a
member of the investigatory staff of a task force established
under that section, in an investigation of organized criminal
activity anywhere within this state under sections 177.01 to
177.03 of the Revised Code.
(B) The bureau may provide any trained investigative
personnel and specialized equipment that are requested by any
sheriff or chief of police, by the authorized designee of any
sheriff or chief of police, or by any other authorized law
enforcement officer to aid and assist the officer in the
investigation and solution of any crime or the control of any
criminal activity occurring within the officer's jurisdiction.
This assistance shall be furnished by the bureau without
disturbing or impairing any of the existing law enforcement
authority or the prerogatives of local law enforcement authorities
or officers. Investigators provided pursuant to this section, or
engaged in an investigation pursuant to section 109.83 of the
Revised Code, may go armed in the same manner as sheriffs and
regularly appointed police officers under section 2923.12 of the
Revised Code.
(C)(1) The bureau shall obtain recording equipment that can
be used to record depositions of the type described in division
(A) of section 2152.81 and division (A) of section 2945.481 of the
Revised Code, or testimony of the type described in division (D)
of section 2152.81 and division (D) of section 2945.481 or in
division (C) of section 2937.11 of the Revised Code, shall obtain
closed circuit equipment that can be used to televise testimony of
the type described in division (C) of section 2152.81 and division
(C) of section 2945.481 or in division (B) of section 2937.11 of
the Revised Code, and shall provide the equipment, upon request,
to any court for use in recording any deposition or testimony of
one of those types or in televising the testimony in accordance
with the applicable division.
(2) The bureau shall obtain the names, addresses, and
telephone numbers of persons who are experienced in questioning
children in relation to an investigation of a violation of section
2905.03, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,
2907.07, 2907.09, 2907.21, 2907.23, 2907.24, 2907.31, 2907.32,
2907.321, 2907.322, 2907.323, or 2919.22 of the Revised Code or an
offense of violence and shall maintain a list of those names,
addresses, and telephone numbers. The list shall include a
classification of the names, addresses, and telephone numbers by
appellate district. Upon request, the bureau shall provide any
county sheriff, chief of police, prosecuting attorney, village
solicitor, city director of law, or similar chief legal officer
with the name, address, and telephone number of any person
contained in the list.
Sec. 121.60. As used in sections 121.60 to 121.69 of the
Revised Code:
(A) "Person" and "compensation" have the same meanings as in
section 101.70 of the Revised Code.
(B) "Expenditure" means any of the following that is made to,
at the request of, for the benefit of, or on behalf of an elected
executive official, the director of a department created under
section 121.02 of the Revised Code, an executive agency official,
or a member of the staff of any public officer or employee listed
in this division:
(1) A payment, distribution, loan, advance, deposit,
reimbursement, or gift of money, real estate, or anything of
value, including, but not limited to, food and beverages,
entertainment, lodging, transportation, or honorariums;
(2) A contract, promise, or agreement to make an expenditure,
whether or not legally enforceable;
(3) The purchase, sale, or gift of services or any other
thing of value. "Expenditure" does not include a contribution,
gift, or grant to a foundation or other charitable organization
that is exempt from federal income taxation under subsection
501(c)(3) of the Internal Revenue Code. "Expenditure" does not
include the purchase, sale, or gift of services or any other thing
of value that is available to the general public on the same terms
as it is available to the persons listed in this division, or an
offer or sale of securities to any person listed in this division
that is governed by regulation D, 17 C.F.R. 230.501 to 230.508,
adopted under the authority of the "Securities Act of 1933," 48
Stat. 74, 15 U.S.C.A. and following, or that is governed by a
comparable provision under state law.
(C) "Employer" means any person who, directly or indirectly,
engages an executive agency lobbyist.
(D) "Engage" means to make any arrangement, and "engagement"
means arrangement, whereby an individual is employed or retained
for compensation to act for or on behalf of an employer to
influence executive agency decisions or to conduct any executive
agency lobbying activity.
(E) "Financial transaction" means a transaction or activity
that is conducted or undertaken for profit and arises from the
joint ownership or the ownership or part ownership in common of
any real or personal property or any commercial or business
enterprise of whatever form or nature between the following:
(1) An executive agency lobbyist, the executive agency
lobbyist's employer, or a member of the immediate family of the
executive agency lobbyist or the executive agency lobbyist's
employer; and
(2) Any elected executive official, the director of a
department created under section 121.02 of the Revised Code, an
executive agency official, or any member of the staff of a public
officer or employee listed in division (E)(2) of this section.
"Financial transaction" does not include any transaction or
activity described in division (E) of this section if it is
available to the general public on the same terms, or if it is an
offer or sale of securities to any person listed in division
(E)(2) of this section that is governed by regulation D, 17 C.F.R.
230.501 to 230.508, adopted under the authority of the "Securities
Act of 1933," 48 Stat. 74, 15 U.S.C.A. and following, or that is
governed by a comparable provision under state law.
(F) "Executive agency" means the office of an elected
executive official, a department created under section 121.02 of
the Revised Code, or any other state agency, department, board, or
commission controlled or directed by an elected executive official
or otherwise subject to an elected executive official's authority.
For the purposes of sections 121.60 to 121.69 of the Revised Code
only, "executive agency" includes the nonprofit corporation formed
under section 187.01 of the Revised Code. "Executive agency" does
not include any court, the general assembly, or the controlling
board.
(G) "Executive agency decision" means a decision of an
executive agency regarding the expenditure of funds of the state
or of an executive agency with respect to the award of a contract,
grant, lease, or other financial arrangement under which such
funds are distributed or allocated, or a regulatory decision of an
executive agency or any board or commission of the state.
"Executive agency decision" does not include either of the
following:
(1) A purchasing decision for which a vendor has filed a
statement certifying that the vendor has not made campaign
contributions in an amount such that section 3517.13 of the
Revised Code would invalidate the decision, if that vendor has not
engaged an executive agency lobbyist;
(2) The award of a competitively bid contract for which bid
specifications were prepared and for which at least three eligible
competitive bids were received by the executive agency.
(H) "Executive agency lobbyist" means any person engaged to
influence whose direct communication with executive agency
officials or employees for the purpose of influencing executive
agency decisions or to conduct conducting executive agency
lobbying activity as one of the person's main purposes on a
regular and substantial basis constitutes at least twenty-five per
cent of the total performance time for which the person is
compensated by a specific employer. "Executive agency lobbyist"
does not include an elected or appointed officer or employee of a
federal or state agency, state college, state university, or
political subdivision who attempts to influence or affect
executive agency decisions in a fiduciary capacity as a
representative of the officer's or employee's agency, college,
university, or political subdivision.
(I) "Executive agency lobbying activity" means contacts made
to promote, oppose, or otherwise influence the outcome of an
executive agency decision by direct communication with any person
described in division (E)(2) of this section, or the Ohio casino
control commission. "Lobbying activity" does not include any of
the following:
(1) The action of any person having a direct interest in
executive agency decisions who, under Section 3 of Article I, Ohio
Constitution, assembles together with other persons to consult for
their common good, instructs a person listed in the first
paragraph of division (I) of this section, or petitions such a
person for the redress of grievances;
(2) Contacts made for the sole purpose of gathering
information contained in a public record;
(3) Appearances before an executive agency to give testimony.
(J) "Executive agency official" means an officer or employee
of an executive agency whose principal duties are to formulate
policy or to participate directly or indirectly in the
preparation, review, or award of contracts, grants, leases, or
other financial arrangements with an executive agency.
(K) "Aggrieved party" means a party entitled to resort to a
remedy.
(L) "Elected executive official" means the governor,
lieutenant governor, secretary of state, auditor of state,
treasurer of state, and the attorney general.
(M) "Staff" means any officer or employee of an executive
agency whose official duties are to formulate policy and who
exercises administrative or supervisory authority or who
authorizes the expenditure of state funds.
Sec. 121.62. (A) Each executive agency lobbyist and each
employer shall file with the joint legislative ethics committee,
within ten days following the engagement of an executive agency
lobbyist, an initial registration statement showing all of the
following:
(1) The name, business address, and occupation of the
executive agency lobbyist;
(2) The name and business address of the employer or of the
real party in interest on whose behalf the executive agency
lobbyist is acting, if it is different from the employer. For the
purposes of division (A) of this section, where a trade
association or other charitable or fraternal organization that is
exempt from federal income taxation under subsection 501(c) of the
federal Internal Revenue Code is the employer, the statement need
not list the names and addresses of every member of the
association or organization, so long as the association or
organization itself is listed.
(3) A brief description of the executive agency decision to
which the engagement relates;
(4) The name of the executive agency or agencies to which the
engagement relates.
(B) In addition to the initial registration statement
required by division (A) of this section, each executive agency
lobbyist and employer shall file with the joint committee, not
later than the last day of January, May, and September of each
year, an updated registration statement that confirms the
continuing existence of each engagement described in an initial
registration statement and that lists the specific executive
agency decisions that the lobbyist sought to influence under the
engagement during the period covered by the updated statement, and
with it any statement of expenditures required to be filed by
section 121.63 of the Revised Code and any details of financial
transactions required to be filed by section 121.64 of the Revised
Code.
(C) If an executive agency lobbyist is engaged by more than
one employer, the lobbyist shall file a separate initial and
updated registration statement for each engagement. If an employer
engages more than one executive agency lobbyist, the employer need
file only one updated registration statement under division (B) of
this section, which shall contain the information required by
division (B) of this section regarding all of the executive agency
lobbyists engaged by the employer.
(D)(1) A change in any information required by division
(A)(1), (2), or (B) of this section shall be reflected in the next
updated registration statement filed under division (B) of this
section.
(2) Within thirty days following the termination of an
engagement, the executive agency lobbyist who was employed under
the engagement shall send written notification of the termination
to the joint committee.
(E) A registration fee of twenty-five thirty-five dollars
shall be charged for filing an initial registration statement. All
money collected from registration fees under this division and
late filing fees under division (G) of this section shall be
deposited into the state treasury to the credit of the joint
legislative ethics committee fund created under section 101.34 of
the Revised Code.
(F) Upon registration pursuant to this section, an executive
agency lobbyist shall be issued a card by the joint committee
showing that the lobbyist is registered. The registration card and
the executive agency lobbyist's registration shall be valid from
the date of their issuance until the next thirty-first day of
January
December of the an even-numbered year following the year
in which the initial registration was filed.
(G) The executive director of the joint committee shall be
responsible for reviewing each registration statement filed with
the joint committee under this section and for determining whether
the statement contains all of the required information. If the
joint committee determines that the registration statement does
not contain all of the required information or that an executive
agency lobbyist or employer has failed to file a registration
statement, the joint committee shall send written notification by
certified mail to the person who filed the registration statement
regarding the deficiency in the statement or to the person who
failed to file the registration statement regarding the failure.
Any person so notified by the joint committee shall, not later
than fifteen days after receiving the notice, file a registration
statement or an amended registration statement that contains all
of the required information. If any person who receives a notice
under this division fails to file a registration statement or such
an amended registration statement within this fifteen-day period,
the joint committee shall assess a late filing fee equal to twelve
dollars and fifty cents per day, up to a maximum fee of one
hundred dollars, upon that person. The joint committee may waive
the late filing fee for good cause shown.
(H) On or before the fifteenth day of March of each year, the
joint committee shall, in the manner and form that it determines,
publish a report containing statistical information on the
registration statements filed with it under this section during
the preceding year.
(I) If an employer who engages an executive agency lobbyist
is the recipient of a contract, grant, lease, or other financial
arrangement pursuant to which funds of the state or of an
executive agency are distributed or allocated, the executive
agency or any aggrieved party may consider the failure of the
employer or the executive agency lobbyist to comply with this
section as a breach of a material condition of the contract,
grant, lease, or other financial arrangement.
(J) Executive agency officials may require certification from
any person seeking the award of a contract, grant, lease, or
financial arrangement that the person and the person's employer
are in compliance with this section.
Sec. 121.63. (A) Each executive agency lobbyist and each
employer shall file with the joint legislative ethics committee,
with the updated registration statement required by division (B)
of section 121.62 of the Revised Code, a statement of expenditures
as specified in divisions (B) and (C) of this section. An
executive agency lobbyist shall file a separate statement of
expenditures under this section for each employer that engages the
executive agency lobbyist.
(B)(1) In addition to the information required by divisions
(B)(2) and (3) of this section, a statement filed by an executive
agency lobbyist shall show the total amount of expenditures made
during the reporting period covered by the statement by the
executive agency lobbyist.
(2) If, during a reporting period covered by a statement, an
employer or any executive agency lobbyist the employer engaged
made, either separately or in combination with each other,
expenditures to, that, when added to the amount of previous
expenditures made by that employer or executive agency lobbyist
during the same calendar year, exceed a total of one hundred
dollars at the request of, for the benefit of, or on behalf of a
particular elected executive official, the director of a
department created under section 121.02 of the Revised Code, a
particular executive agency official, or a particular member of
the staff of any public officer listed in division (B)(2) of this
section, the employer or executive agency lobbyist also shall
state the name of the public officer or employee to whom, at whose
request, for whose benefit, or on whose behalf the expenditures
were made, the total amount of the expenditures made, a brief
description of the expenditures made, the approximate date the
expenditures were made, the executive agency decision, if any,
sought to be influenced, and the identity of the client on whose
behalf the expenditure was made.
As used in division (B)(2) of this section, "expenditures"
does not include expenditures made by an executive agency lobbyist
as payment for meals and other food and beverages.
(3) If, during a reporting period covered by a statement, an
executive agency lobbyist made expenditures as payment for meals
and other food and beverages, other than for meals and other food
and beverages provided at a meeting at which the person
participated in a panel, seminar, or speaking engagement or at a
meeting or convention of a national organization to which any
state agency, including, but not limited to, any legislative
agency or state institution of higher education as defined in
section 3345.011 of the Revised Code, pays membership dues, that,
when added to the amount of previous payments made for meals and
other food and beverages by that executive agency lobbyist during
that same calendar year, exceeded a total of fifty dollars to, at
the request of, for the benefit of, or on behalf of a particular
elected executive official, the director of a department created
under section 121.02 of the Revised Code, a particular executive
agency official, or any particular member of the staff of any of
the public officers or employees listed in division (B)(3) of this
section, then the executive agency lobbyist shall also state
regarding those expenditures the name of the public officer or
employee to whom, at whose request, for whose benefit, or on whose
behalf the expenditures were made, the total amount of the
expenditures made, a brief description of the expenditures made,
the approximate date the expenditures were made, the executive
agency decision, if any, sought to be influenced, and the identity
of the client on whose behalf the expenditure was made.
(C) In addition to the information required by divisions
division (B)(2) and (3) of this section, a statement filed by an
employer shall show the total amount of expenditures made by the
an employer or executive agency lobbyist filing the statement
during the period covered by the statement.
As used in this
section, "expenditures" does not include the expenses of
maintaining office facilities, or the compensation paid to
executive agency lobbyists engaged to influence executive agency
decisions or conduct executive agency lobbying activity A
statement filed by an executive agency lobbyist shall show all
executive agency decisions that the executive agency lobbyist has
sought to influence on behalf of the employer during the period
covered by the statement. A statement filed by an employer shall
show all executive agency decisions that the employer has sought
to influence during the period covered by the statement.
No employer shall be required to show any expenditure or
executive agency decision on a statement filed under this division
if the expenditure or executive agency decision is reported on a
statement filed under division (B)(1), (2), or (3) of this section
by an executive agency lobbyist engaged by the employer. No
executive agency lobbyist shall be required to show any
expenditure on a statement filed under this division if the
expenditure is reported on a statement filed under division (B) of
this section by the executive agency lobbyist's employer.
(D) Any statement required to be filed under this section
shall be filed at the times specified in section 121.62 of the
Revised Code. Each statement shall cover expenditures made during
the four-calendar-month period that ended on the last day of the
month immediately preceding the month in which the statement is
required to be filed.
(E) If it is impractical or impossible for an executive
agency lobbyist or employer to determine exact dollar amounts or
values of expenditures, reporting of good faith estimates, based
on reasonable accounting procedures, constitutes compliance with
this division.
(F) Executive agency lobbyists and employers shall retain
receipts or maintain records for all expenditures that are
required to be reported pursuant to this section. These receipts
or records shall be maintained for a period ending on the
thirty-first day of December of the second calendar year after the
year in which the expenditure was made.
(G)(1) At least ten days before the date on which the
statement is filed, each employer or executive agency lobbyist who
is required to file an expenditure statement under division (B)(2)
or (3) of this section shall deliver a copy notice of the
statement, or the portion showing the expenditure, to the public
officer or employee who is listed in the statement as having
received the expenditure or on whose behalf it was made.
(2) If, during a reporting period covered by an expenditure
statement filed under division (B)(2) of this section, an employer
or any executive agency lobbyist the employer engaged made, either
separately or in combination with each other, either directly or
indirectly, expenditures for an honorarium or for transportation,
lodging, or food and beverages purchased for consumption on the
premises in which the food and beverages were sold to, at the
request of, for the benefit or, or on behalf of any of the public
officers or employees described in division (B)(2) of this
section, the employer or executive agency lobbyist shall deliver
to the public officer or employee a statement that contains all of
the nondisputed information prescribed in division (B)(2) of this
section with respect to the expenditures described in division
(G)(2) of this section. The statement of expenditures made under
division (G)(2) of this section shall be delivered to the public
officer or employee to whom, at whose request, for whose benefit,
or on whose behalf those expenditures were made on the same day in
which a copy of the expenditure statement or of a portion showing
the expenditure is delivered to the public officer or employee
under division (G)(1) of this section. An employer is not required
to show any expenditure on a statement delivered under division
(G)(2) of this section if the expenditure is shown on a statement
delivered under division (G)(2) of this section by a legislative
agent engaged by the employer.
(H) As used in this section, "expenditure" does not include
the expenses of maintaining office facilities or the compensation
paid to executive agency lobbyists engaged to influence executive
agency decisions or to conduct executive agency lobbying activity.
Sec. 121.64. (A) Each executive agency lobbyist who has had
any financial transaction with or for the benefit of an elected
executive official, the director of a department created under
section 121.02 of the Revised Code, an executive agency official,
or any member of the staff of any of the public officers or
employees listed in this division shall describe the details of
the transaction, including the name of the public officer or
employee, the purpose and nature of the transaction, and the date
it was made or entered into, in a statement filed with the joint
legislative ethics committee with the updated registration
statement required by division (B) of section 121.62 of the
Revised Code. The statements shall be filed at the times specified
in section 121.62 of the Revised Code. Each statement shall
describe each financial transaction that occurred during the
four-calendar-month period that ended on the last day of the month
immediately preceding the month in which the statement is required
to be filed.
(B) Except as provided in division (D) of this section, each
employer who has had any financial transaction with or for the
benefit of an elected executive official, the director of a
department created under section 121.02 of the Revised Code, an
executive agency official, or any member of the staff of any of
the public officers or employees listed in this division shall
describe the details of the transaction, including the name of the
public officer or employee, the purpose and nature of the
transaction, and the date it was made or entered into, in a
statement filed with the joint committee with the updated
registration statement required by division (B) of section 121.62
of the Revised Code. The statement shall be filed at the times
specified in section 121.62 of the Revised Code. Each statement
shall describe each financial transaction that occurred during the
four-calendar-month period that ended on the last day of the month
immediately preceding the month in which the statement is required
to be filed.
(C) At least ten days before the date on which the statement
is filed, each employer or executive agency lobbyist who is
required to file a statement describing a financial transaction
under this section shall deliver a copy notice of the
statement
transaction to the public officer or employee with whom or for
whose benefit the transaction was made.
(D) No employer shall be required to file any statement under
this section or to deliver a copy notice of the statement
transaction to a public officer or employee with whom or for whose
benefit the transaction was made if the financial transaction to
which the statement pertains is reported by an executive agency
lobbyist engaged by the employer.
Sec. 121.65. If a dispute arises between an elected
executive official, the director of a department created under
section 121.02 of the Revised Code, an executive agency official,
or any member of the staff of any public officer or employee
listed in this division and an employer or executive agency
lobbyist with respect to an expenditure or financial transaction
alleged in a statement to be filed under section 121.63 or 121.64
of the Revised Code, the public officer or employee, employer, or
executive agency lobbyist may file a complaint with the Ohio
ethics commission. The commission shall proceed to investigate the
complaint as though it were filed under section 102.06 of the
Revised Code.
The complaint shall be filed at least three days prior to the
time the statement is required to be filed with the joint
legislative ethics committee. The time for filing a disputed
expenditure or financial transaction in any statement of
expenditures or the details of a financial transaction that
contains a disputed expenditure or financial transaction shall be
extended pending the final decision of the commission. This
extension does not extend the time for filing the nondisputed
portions of either type of statement. The commission shall notify
the parties of its final decision by certified mail. If the
commission decides that the disputed expenditure or financial
transaction should be reported, the employer or executive agency
lobbyist shall include the matter in an amended the statement and.
The employer or executive agency lobbyist shall file the amended
statement not later than ten days after receiving notice of the
decision of the commission by certified mail.
An employer or executive agency lobbyist who files a false
statement of expenditures or details of a financial transaction is
liable in a civil action to any public officer or employee who
sustains damage as a result of the filing or publication of the
statement.
Sec. 121.68. (A) The joint legislative ethics committee
shall keep on file the statements required by sections 121.62,
121.63, and 121.64 of the Revised Code. These statements are
public records and open to public inspection, and the joint
committee shall computerize publish them so that the information
contained in and make them is readily accessible available to the
general public on its official web site. The joint committee shall
provide copies of the statements to the general public on request
and may charge a reasonable fee not to exceed the cost of copying
and delivering the statement.
(B) Not later than the last day of February and October of
each year, the joint committee shall compile from the registration
statements filed with it a complete and updated list of registered
executive agency lobbyists and their employers, and distribute the
list to each elected executive official and the director of each
department created under section 121.02 of the Revised Code, who
shall distribute the list to the appropriate personnel under his
jurisdiction. The joint committee shall provide copies of the list
to the general public upon request and may charge a reasonable fee
not to exceed the cost of copying and delivering the list.
(C) The joint committee shall maintain a list of all
executive agencies. The joint committee shall provide copies of
the list to the general public on request and may charge a
reasonable fee not to exceed the cost of copying and delivering
the document.
(D) The joint committee shall prescribe and make available an
appropriate form for the filings required by sections 121.62,
121.63, and 121.64 of the Revised Code. The form shall contain the
following notice in boldface type: "ANY PERSON WHO KNOWINGLY FILES
A FALSE STATEMENT IS GUILTY OF FALSIFICATION UNDER SECTION 2921.13
OF THE REVISED CODE, WHICH IS A MISDEMEANOR OF THE FIRST DEGREE."
(E)(D) The joint committee may adopt rules as necessary to
implement sections 121.60 to 121.69 of the Revised Code, and any
such rules it adopts shall be adopted in accordance with section
111.15 of the Revised Code.
(F)(E) The joint committee shall publish a handbook that
explains in clear and concise language the provisions of sections
121.60 to 121.69 of the Revised Code and make it available free of
charge to executive agency lobbyists, employers, and any other
interested persons.
Sec. 4503.033. (A) Annually, on or before the thirty-first
day of January, every deputy registrar shall file with the
registrar of motor vehicles on a form prescribed by the registrar,
a statement disclosing all of the following:
(1) The name of the person filing the statement, and, if
applicable, of his the person's spouse and of members of his the
person's immediate family;
(2) Any contribution made within the previous calendar year
by the person and, if applicable, by his the person's spouse and
by members of
his the person's immediate family to each of the
following:
(b) Any candidate for the office of governor, attorney
general, secretary of state, treasurer of state, auditor of state,
member of the senate or house of representatives of the general
assembly, or to the campaign committee of any such candidate.
(3) The month, day, and year in which the contribution was
made;
(4) The full name and address of each person, political
party, or campaign committee to which a contribution was made;
(5) The value in dollars and cents of the contribution.
(B) No person shall knowingly fail to file, on or before the
filing deadline under this section, a statement that is required
by division (A) of this section.
(C) No person shall knowingly make a false statement in a
statement that is required to be filed under division (A) of this
section.
(D) On and after March 2, 1994, the statement required by
division (A) of this section shall be accompanied by a filing fee
of twenty-five dollars. If the statement required by division (A)
of this section is not filed by the date on which it is required
to be filed, the registrar of motor vehicles shall assess a late
filing fee as prescribed in division (F)(G) of section 102.02 of
the Revised Code. The registrar shall deposit all fees he receives
under this division into the general revenue fund of the state.
(E) Not later than the date a deputy registrar is required to
file a statement under division (A) of this section, the deputy
registrar shall file a copy of the statement with the office of
the secretary of state. The secretary of state shall keep the
copies of all statements filed with his the office of the
secretary of state under this division only for the purpose of
making them available for public inspection.
(F) Whoever violates division (B) of this section shall be
fined one thousand dollars. Whoever violates division (C) of this
section shall be fined ten thousand dollars.
Section 2. That existing sections 101.15, 101.301, 101.34,
101.70, 101.72, 101.73, 101.74, 101.75, 101.78, 101.90, 101.92,
101.93, 101.94, 101.95, 101.98, 102.01, 102.02, 102.021, 102.03,
102.031, 102.06, 102.07, 102.99, 109.54, 121.60, 121.62, 121.63,
121.64, 121.65, 121.68, and 4503.033 of the Revised Code are
hereby repealed.
Section 3. Sections 101.72, 101.92, and 121.62 of the
Revised Code, as amended by this act, take effect December 1,
2014.
Section 4. Section 102.07 of the Revised Code is presented
in this act as a composite of the section as amended by both Am.
Sub. H.B. 285 and Am. Sub. H.B. 492 of the 120th General Assembly.
The General Assembly, applying the principle stated in division
(B) of section 1.52 of the Revised Code that amendments are to be
harmonized if reasonably capable of simultaneous operation, finds
that the composite is the resulting version of the section in
effect prior to the effective date of the section as presented in
this act.
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