Bill Text: OH HB151 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: To authorize the Department of Transportation to enter into public-private partnership agreements.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-03-10 - To Transportation, Public Safety & Homeland Security [HB151 Detail]

Download: Ohio-2011-HB151-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 151

Representatives McGregor, Carney 

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A BILL

To amend sections 3517.13, 3517.151, and 3517.992 and

1

to enact sections 5501.70 to 5501.83 of the

2

Revised Code to authorize the Department of

3

Transportation to enter into public-private

4

partnership agreements.

5

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 3517.13, 3517.151, and 3517.992 be	6
amended and sections 5501.70, 5501.71, 5501.72, 5501.73, 5501.74,	7
5501.75, 5501.76, 5501.77, 5501.78, 5501.79, 5501.80, 5501.81,	8
5501.82, and 5501.83 of the Revised Code be enacted to read as	9
follows:	10

Sec. 3517.13.  (A)(1) No campaign committee of a statewide	11
candidate shall fail to file a complete and accurate statement	12
required under division (A)(1) of section 3517.10 of the Revised	13
Code.	14

(2) No campaign committee of a statewide candidate shall fail	15
to file a complete and accurate monthly statement, and no campaign	16
committee of a statewide candidate or a candidate for the office	17
of chief justice or justice of the supreme court shall fail to	18
file a complete and accurate two-business-day statement, as	19
required under section 3517.10 of the Revised Code.	20

As used in this division, "statewide candidate" has the same	21
meaning as in division (F)(2) of section 3517.10 of the Revised	22
Code.	23

(B) No campaign committee shall fail to file a complete and	24
accurate statement required under division (A)(1) of section	25
3517.10 of the Revised Code.	26

(C) No campaign committee shall fail to file a complete and	27
accurate statement required under division (A)(2) of section	28
3517.10 of the Revised Code.	29

(D) No campaign committee shall fail to file a complete and	30
accurate statement required under division (A)(3) or (4) of	31
section 3517.10 of the Revised Code.	32

(E) No person other than a campaign committee shall knowingly	33
fail to file a statement required under section 3517.10 or	34
3517.107 of the Revised Code.	35

(F) No person shall make cash contributions to any person	36
totaling more than one hundred dollars in each primary, special,	37
or general election.	38

(G)(1) No person shall knowingly conceal or misrepresent	39
contributions given or received, expenditures made, or any other	40
information required to be reported by a provision in sections	41
3517.08 to 3517.13 and 3517.17 of the Revised Code.	42

(2)(a) No person shall make a contribution to a campaign	43
committee, political action committee, political contributing	44
entity, legislative campaign fund, political party, or person	45
making disbursements to pay the direct costs of producing or	46
airing electioneering communications in the name of another	47
person.	48

(b) A person does not make a contribution in the name of	49
another when either of the following applies:	50

(i) An individual makes a contribution from a partnership or	51
other unincorporated business account, if the contribution is	52
reported by listing both the name of the partnership or other	53
unincorporated business and the name of the partner or owner	54
making the contribution as required under division (I) of section	55
3517.10 of the Revised Code.	56

(ii) A person makes a contribution in that person's spouse's	57
name or in both of their names.	58

(H) No person within this state, publishing a newspaper or	59
other periodical, shall charge a campaign committee for political	60
advertising a rate in excess of the rate such person would charge	61
if the campaign committee were a general rate advertiser whose	62
advertising was directed to promoting its business within the same	63
area as that encompassed by the particular office that the	64
candidate of the campaign committee is seeking. The rate shall	65
take into account the amount of space used, as well as the type of	66
advertising copy submitted by or on behalf of the campaign	67
committee. All discount privileges otherwise offered by a	68
newspaper or periodical to general rate advertisers shall be	69
available upon equal terms to all campaign committees.	70

No person within this state, operating a radio or television	71
station or network of stations in this state, shall charge a	72
campaign committee for political broadcasts a rate that exceeds:	73

(1) During the forty-five days preceding the date of a	74
primary election and during the sixty days preceding the date of a	75
general or special election in which the candidate of the campaign	76
committee is seeking office, the lowest unit charge of the station	77
for the same class and amount of time for the same period;	78

(2) At any other time, the charges made for comparable use of	79
that station by its other users.	80

(I) Subject to divisions (K), (L), (M), and (N) of this	81
section, no agency or department of this state or any political	82
subdivision shall award any contract, other than one let by	83
competitive bidding or a contract incidental to such contract or	84
which is by force account, for the purchase of goods costing more	85
than five hundred dollars or services costing more than five	86
hundred dollars to any individual, partnership, association,	87
including, without limitation, a professional association	88
organized under Chapter 1785. of the Revised Code, estate, or	89
trust if the individual has made or the individual's spouse has	90
made, or any partner, shareholder, administrator, executor, or	91
trustee or the spouse of any of them has made, as an individual,	92
within the two previous calendar years, one or more contributions	93
totaling in excess of one thousand dollars to the holder of the	94
public office having ultimate responsibility for the award of the	95
contract or to the public officer's campaign committee.	96

(J) Subject to divisions (K), (L), (M), and (N) of this	97
section, no agency or department of this state or any political	98
subdivision shall award any contract, other than one let by	99
competitive bidding or a contract incidental to such contract or	100
which is by force account, for the purchase of goods costing more	101
than five hundred dollars or services costing more than five	102
hundred dollars to a corporation or business trust, except a	103
professional association organized under Chapter 1785. of the	104
Revised Code, if an owner of more than twenty per cent of the	105
corporation or business trust or the spouse of that person has	106
made, as an individual, within the two previous calendar years,	107
taking into consideration only owners for all of that period, one	108
or more contributions totaling in excess of one thousand dollars	109
to the holder of a public office having ultimate responsibility	110
for the award of the contract or to the public officer's campaign	111
committee.	112

(K) For purposes of divisions (I) and (J) of this section, if	113
a public officer who is responsible for the award of a contract is	114
appointed by the governor, whether or not the appointment is	115
subject to the advice and consent of the senate, excluding members	116
of boards, commissions, committees, authorities, councils, boards	117
of trustees, task forces, and other such entities appointed by the	118
governor, the office of the governor is considered to have	119
ultimate responsibility for the award of the contract.	120

(L) For purposes of divisions (I) and (J) of this section, if	121
a public officer who is responsible for the award of a contract is	122
appointed by the elected chief executive officer of a municipal	123
corporation, or appointed by the elected chief executive officer	124
of a county operating under an alternative form of county	125
government or county charter, excluding members of boards,	126
commissions, committees, authorities, councils, boards of	127
trustees, task forces, and other such entities appointed by the	128
chief executive officer, the office of the chief executive officer	129
is considered to have ultimate responsibility for the award of the	130
contract.	131

(M)(1) Divisions (I) and (J) of this section do not apply to	132
contracts awarded by the board of commissioners of the sinking	133
fund, municipal legislative authorities, boards of education,	134
boards of county commissioners, boards of township trustees, or	135
other boards, commissions, committees, authorities, councils,	136
boards of trustees, task forces, and other such entities created	137
by law, by the supreme court or courts of appeals, by county	138
courts consisting of more than one judge, courts of common pleas	139
consisting of more than one judge, or municipal courts consisting	140
of more than one judge, or by a division of any court if the	141
division consists of more than one judge. This division shall	142
apply to the specified entity only if the members of the entity	143
act collectively in the award of a contract for goods or services.	144

(2) Divisions (I) and (J) of this section do not apply to	145
actions of the controlling board.	146

(N)(1) Divisions (I) and (J) of this section apply to	147
contributions made to the holder of a public office having	148
ultimate responsibility for the award of a contract, or to the	149
public officer's campaign committee, during the time the person	150
holds the office and during any time such person was a candidate	151
for the office. Those divisions do not apply to contributions made	152
to, or to the campaign committee of, a candidate for or holder of	153
the office other than the holder of the office at the time of the	154
award of the contract.	155

(2) Divisions (I) and (J) of this section do not apply to	156
contributions of a partner, shareholder, administrator, executor,	157
trustee, or owner of more than twenty per cent of a corporation or	158
business trust made before the person held any of those positions	159
or after the person ceased to hold any of those positions in the	160
partnership, association, estate, trust, corporation, or business	161
trust whose eligibility to be awarded a contract is being	162
determined, nor to contributions of the person's spouse made	163
before the person held any of those positions, after the person	164
ceased to hold any of those positions, before the two were	165
married, after the granting of a decree of divorce, dissolution of	166
marriage, or annulment, or after the granting of an order in an	167
action brought solely for legal separation. Those divisions do not	168
apply to contributions of the spouse of an individual whose	169
eligibility to be awarded a contract is being determined made	170
before the two were married, after the granting of a decree of	171
divorce, dissolution of marriage, or annulment, or after the	172
granting of an order in an action brought solely for legal	173
separation.	174

(O) No beneficiary of a campaign fund or other person shall	175
convert for personal use, and no person shall knowingly give to a	176
beneficiary of a campaign fund or any other person, for the	177
beneficiary's or any other person's personal use, anything of	178
value from the beneficiary's campaign fund, including, without	179
limitation, payments to a beneficiary for services the beneficiary	180
personally performs, except as reimbursement for any of the	181
following:	182

(1) Legitimate and verifiable prior campaign expenses	183
incurred by the beneficiary;	184

(2) Legitimate and verifiable ordinary and necessary prior	185
expenses incurred by the beneficiary in connection with duties as	186
the holder of a public office, including, without limitation,	187
expenses incurred through participation in nonpartisan or	188
bipartisan events if the participation of the holder of a public	189
office would normally be expected;	190

(3) Legitimate and verifiable ordinary and necessary prior	191
expenses incurred by the beneficiary while doing any of the	192
following:	193

(a) Engaging in activities in support of or opposition to a	194
candidate other than the beneficiary, political party, or ballot	195
issue;	196

(b) Raising funds for a political party, political action	197
committee, political contributing entity, legislative campaign	198
fund, campaign committee, or other candidate;	199

(c) Participating in the activities of a political party,	200
political action committee, political contributing entity,	201
legislative campaign fund, or campaign committee;	202

(d) Attending a political party convention or other political	203
meeting.	204

For purposes of this division, an expense is incurred	205
whenever a beneficiary has either made payment or is obligated to	206
make payment, as by the use of a credit card or other credit	207
procedure or by the use of goods or services received on account.	208

(P) No beneficiary of a campaign fund shall knowingly accept,	209
and no person shall knowingly give to the beneficiary of a	210
campaign fund, reimbursement for an expense under division (O) of	211
this section to the extent that the expense previously was	212
reimbursed or paid from another source of funds. If an expense is	213
reimbursed under division (O) of this section and is later paid or	214
reimbursed, wholly or in part, from another source of funds, the	215
beneficiary shall repay the reimbursement received under division	216
(O) of this section to the extent of the payment made or	217
reimbursement received from the other source.	218

(Q) No candidate or public official or employee shall accept	219
for personal or business use anything of value from a political	220
party, political action committee, political contributing entity,	221
legislative campaign fund, or campaign committee other than the	222
candidate's or public official's or employee's own campaign	223
committee, and no person shall knowingly give to a candidate or	224
public official or employee anything of value from a political	225
party, political action committee, political contributing entity,	226
legislative campaign fund, or such a campaign committee, except	227
for the following:	228

(1) Reimbursement for legitimate and verifiable ordinary and	229
necessary prior expenses not otherwise prohibited by law incurred	230
by the candidate or public official or employee while engaged in	231
any legitimate activity of the political party, political action	232
committee, political contributing entity, legislative campaign	233
fund, or such campaign committee. Without limitation, reimbursable	234
expenses under this division include those incurred while doing	235
any of the following:	236

(a) Engaging in activities in support of or opposition to	237
another candidate, political party, or ballot issue;	238

(b) Raising funds for a political party, legislative campaign	239
fund, campaign committee, or another candidate;	240

(c) Attending a political party convention or other political	241
meeting.	242

(2) Compensation not otherwise prohibited by law for actual	243
and valuable personal services rendered under a written contract	244
to the political party, political action committee, political	245
contributing entity, legislative campaign fund, or such campaign	246
committee for any legitimate activity of the political party,	247
political action committee, political contributing entity,	248
legislative campaign fund, or such campaign committee.	249

Reimbursable expenses under this division do not include, and	250
it is a violation of this division for a candidate or public	251
official or employee to accept, or for any person to knowingly	252
give to a candidate or public official or employee from a	253
political party, political action committee, political	254
contributing entity, legislative campaign fund, or campaign	255
committee other than the candidate's or public official's or	256
employee's own campaign committee, anything of value for	257
activities primarily related to the candidate's or public	258
official's or employee's own campaign for election, except for	259
contributions to the candidate's or public official's or	260
employee's campaign committee.	261

For purposes of this division, an expense is incurred	262
whenever a candidate or public official or employee has either	263
made payment or is obligated to make payment, as by the use of a	264
credit card or other credit procedure, or by the use of goods or	265
services on account.	266

(R)(1) Division (O) or (P) of this section does not prohibit	267
a campaign committee from making direct advance or post payment	268
from contributions to vendors for goods and services for which	269
reimbursement is permitted under division (O) of this section,	270
except that no campaign committee shall pay its candidate or other	271
beneficiary for services personally performed by the candidate or	272
other beneficiary.	273

(2) If any expense that may be reimbursed under division (O),	274
(P), or (Q) of this section is part of other expenses that may not	275
be paid or reimbursed, the separation of the two types of expenses	276
for the purpose of allocating for payment or reimbursement those	277
expenses that may be paid or reimbursed may be by any reasonable	278
accounting method, considering all of the surrounding	279
circumstances.	280

(3) For purposes of divisions (O), (P), and (Q) of this	281
section, mileage allowance at a rate not greater than that allowed	282
by the internal revenue service at the time the travel occurs may	283
be paid instead of reimbursement for actual travel expenses	284
allowable.	285

(S)(1) As used in division (S) of this section:

286

(a) "State elective office" has the same meaning as in	287
section 3517.092 of the Revised Code.	288

(b) "Federal office" means a federal office as defined in the	289
Federal Election Campaign Act.	290

(c) "Federal campaign committee" means a principal campaign	291
committee or authorized committee as defined in the Federal	292
Election Campaign Act.	293

(2) No person who is a candidate for state elective office	294
and who previously sought nomination or election to a federal	295
office shall transfer any funds or assets from that person's	296
federal campaign committee for nomination or election to the	297
federal office to that person's campaign committee as a candidate	298
for state elective office.	299

(3) No campaign committee of a person who is a candidate for	300
state elective office and who previously sought nomination or	301
election to a federal office shall accept any funds or assets from	302
that person's federal campaign committee for that person's	303
nomination or election to the federal office.	304

(T)(1) Except as otherwise provided in division (B)(6)(c) of	305
section 3517.102 of the Revised Code, a state or county political	306
party shall not disburse moneys from any account other than a	307
state candidate fund to make contributions to any of the	308
following:	309

(a) A state candidate fund;

310

(b) A legislative campaign fund;

311

(c) A campaign committee of a candidate for the office of	312
governor, lieutenant governor, secretary of state, auditor of	313
state, treasurer of state, attorney general, member of the state	314
board of education, or member of the general assembly.	315

(2) No state candidate fund, legislative campaign fund, or	316
campaign committee of a candidate for any office described in	317
division (T)(1)(c) of this section shall knowingly accept a	318
contribution in violation of division (T)(1) of this section.	319

(U) No person shall fail to file a statement required under	320
section 3517.12 of the Revised Code.	321

(V) No campaign committee shall fail to file a statement	322
required under division (K)(3) of section 3517.10 of the Revised	323
Code.	324

(W)(1) No foreign national shall, directly or indirectly	325
through any other person or entity, make a contribution,	326
expenditure, or independent expenditure or promise, either	327
expressly or implicitly, to make a contribution, expenditure, or	328
independent expenditure in support of or opposition to a candidate	329
for any elective office in this state, including an office of a	330
political party.	331

(2) No candidate, campaign committee, political action	332
committee, political contributing entity, legislative campaign	333
fund, state candidate fund, political party, or separate	334
segregated fund shall solicit or accept a contribution,	335
expenditure, or independent expenditure from a foreign national.	336
The secretary of state may direct any candidate, committee,	337
entity, fund, or party that accepts a contribution, expenditure,	338
or independent expenditure in violation of this division to return	339
the contribution, expenditure, or independent expenditure or, if	340
it is not possible to return the contribution, expenditure, or	341
independent expenditure, then to return instead the value of it,	342
to the contributor.	343

(3) As used in division (W) of this section, "foreign	344
national" has the same meaning as in section 441e(b) of the	345
Federal Election Campaign Act.	346

(X)(1) No state or county political party shall transfer any	347
moneys from its restricted fund to any account of the political	348
party into which contributions may be made or from which	349
contributions or expenditures may be made.	350

(2)(a) No state or county political party shall deposit a	351
contribution or contributions that it receives into its restricted	352
fund.	353

(b) No state or county political party shall make a	354
contribution or an expenditure from its restricted fund.	355

(3)(a) No corporation or labor organization shall make a gift	356
or gifts from the corporation's or labor organization's money or	357
property aggregating more than ten thousand dollars to any one	358
state or county political party for the party's restricted fund in	359
a calendar year.	360

(b) No state or county political party shall accept a gift or	361
gifts for the party's restricted fund aggregating more than ten	362
thousand dollars from any one corporation or labor organization in	363
a calendar year.	364

(4) No state or county political party shall transfer any	365
moneys in the party's restricted fund to any other state or county	366
political party.	367

(5) No state or county political party shall knowingly fail	368
to file a statement required under section 3517.1012 of the	369
Revised Code.	370

(Y) The administrator of workers' compensation and the	371
employees of the bureau of workers' compensation shall not conduct	372
any business with or award any contract, other than one awarded by	373
competitive bidding, for the purchase of goods costing more than	374
five hundred dollars or services costing more than five hundred	375
dollars to any individual, partnership, association, including,	376
without limitation, a professional association organized under	377
Chapter 1785. of the Revised Code, estate, or trust, if the	378
individual has made, or the individual's spouse has made, or any	379
partner, shareholder, administrator, executor, or trustee, or the	380
spouses of any of those individuals has made, as an individual,	381
within the two previous calendar years, one or more contributions	382
totaling in excess of one thousand dollars to the campaign	383
committee of the governor or lieutenant governor or to the	384
campaign committee of any candidate for the office of governor or	385
lieutenant governor.	386

(Z) The administrator of workers' compensation and the	387
employees of the bureau of workers' compensation shall not conduct	388
business with or award any contract, other than one awarded by	389
competitive bidding, for the purchase of goods costing more than	390
five hundred dollars or services costing more than five hundred	391
dollars to a corporation or business trust, except a professional	392
association organized under Chapter 1785. of the Revised Code, if	393
an owner of more than twenty per cent of the corporation or	394
business trust, or the spouse of the owner, has made, as an	395
individual, within the two previous calendar years, taking into	396
consideration only owners for all of such period, one or more	397
contributions totaling in excess of one thousand dollars to the	398
campaign committee of the governor or lieutenant governor or to	399
the campaign committee of any candidate for the office of governor	400
or lieutenant governor.	401

(AA)(1) A private entity shall not make or submit an	402
unsolicited proposal for a public-private initiative under section	403
5501.72 of the Revised Code if the private entity has made, or if	404
any owner of more than twenty per cent of the private entity, or	405
the spouse of such an owner has made, as an individual, within the	406
previous calendar year, taking into consideration only owners for	407
all of such period, one or more contributions to the campaign	408
committee of the governor or lieutenant governor or to the	409
campaign committee of any candidate for the office of governor or	410
lieutenant governor.	411

(2) The department of transportation shall not accept an	412
unsolicited proposal for a public-private initiative from a	413
private entity under section 5501.72 of the Revised Code if the	414
private entity that is proposing the public-private initiative has	415
made, or if any owner of more than twenty per cent of the private	416
entity, or the spouse of the owner, has made, as an individual,	417
within the previous calendar year, taking into consideration only	418
owners for all of such period, one or more contributions to the	419
campaign committee of the governor or lieutenant governor or to	420
the campaign committee of any candidate for the office of governor	421
or lieutenant governor.	422

(3) During the term of any public-private agreement entered	423
into under section 5501.73 of the Revised Code that was proposed	424
under section 5501.72 of the Revised Code, and for one calendar	425
year after the termination of that public-private agreement, no	426
operator, and no owner of more than twenty per cent of the	427
operator, or the spouse of such an owner, shall make a	428
contribution to the campaign committee of the governor or	429
lieutenant governor or to the campaign committee of any candidate	430
for the office of governor or lieutenant governor.	431

(4) As used in division (AA) of this section, "operator,"	432
"private entity," "public-private agreement," and "public-private	433
initiative" have the same meanings as in section 5501.70 of the	434
Revised Code.	435

Sec. 3517.151.  (A) On and after January 1, 1996, complaints	436
with respect to acts or failures to act under the sections listed	437
in division (A) of section 3517.153 of the Revised Code shall be	438
filed with the Ohio elections commission created under section	439
3517.152 of the Revised Code.	440

(B)(1) If a complaint filed with the Ohio elections	441
commission created under section 3517.152 of the Revised Code	442
alleges an act or failure to act that occurred before August 24,	443
1995, and the commission imposes a fine, sections 3517.99 and	444
3517.991 of the Revised Code, and not sections 3517.992 and	445
3517.993 of the Revised Code, shall apply.	446

(2) If a complaint filed with the Ohio elections commission	447
created under section 3517.152 of the Revised Code alleges an act	448
or failure to act that is a violation of section 3517.13 of the	449
Revised Code, former divisions (A) to (R) of that section apply to	450
the act or failure to act if it occurred before August 24, 1995,	451
former divisions (A) to (U) of that section apply to the act or	452
failure to act if it occurs on or after August 24, 1995, but	453
before July 13, 1998, former divisions (A) to (V) of that section	454
apply to the act or failure to act if it occurs on or after July	455
13, 1998, but before December 22, 1999, former divisions (A) to	456
(W) of that section apply to the act or failure to act if it	457
occurs on or after December 22, 1999, but before March 31, 2005,	458
former divisions (A) to (X) of that section apply to the act or	459
failure to act if it occurs on or after March 31, 2005, andbut	460
before September 29, 2005, former divisions (A) to (Z) of that	461
section apply to the act or failure to act if it occurs on or	462
after the effective date of this amendmentSeptember 29, 2005, but	463
before the effective date of this amendment, and divisions (A) to	464
(AA) of that section apply to the act or failure to act if it	465
occurs on or after the effective date of this amendment.	466

(C) The Ohio elections commission created under section	467
3517.14 of the Revised Code is abolished at the close of business	468
on December 31, 1995.	469

Sec. 3517.992.  This section establishes penalties only with	470
respect to acts or failures to act that occur on and after August	471
24, 1995.	472

(A)(1) A candidate whose campaign committee violates division	473
(A), (B), (C), (D), or (V) of section 3517.13 of the Revised Code,	474
or a treasurer of a campaign committee who violates any of those	475
divisions, shall be fined not more than one hundred dollars for	476
each day of violation.	477

(2) Whoever violates division (E) or (X)(5) of section	478
3517.13 or division (E)(1) of section 3517.1014 of the Revised	479
Code shall be fined not more than one hundred dollars for each day	480
of violation.	481

(B) A political party that violates division (F)(1) of	482
section 3517.101 of the Revised Code shall be fined not more than	483
one hundred dollars for each day of violation.	484

(C) Whoever violates division (F)(2) of section 3517.101,	485
division (G) of section 3517.13, or division (E)(2) or (3) of	486
section 3517.1014 of the Revised Code shall be fined not more than	487
ten thousand dollars or, if the offender is a person who was	488
nominated or elected to public office, shall forfeit the	489
nomination or the office to which the offender was elected, or	490
both.	491

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

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

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

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

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

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

(2) Any political action committee that violates division	512
(B)(2) of section 3517.102 of the Revised Code shall be fined an	513
amount equal to three times the amount contributed in excess of	514
the amount permitted by that division.	515

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(R)(1) Whoever violates division (I) or (J) of section	631
3517.13 of the Revised Code shall be fined not more than one	632
thousand dollars. Whenever a person is found guilty of violating	633
division (I) or (J) of section 3517.13 of the Revised Code, the	634
contract awarded in violation of either of those divisions shall	635
be rescinded if its terms have not yet been performed.	636

(2) Whoever violates division (AA) of section 3517.13 of the	637
Revised Code shall be fined not more than one thousand dollars.	638
Whenever a person, private entity, or operator is found guilty of	639
violating division (AA) of section 3517.13 of the Revised Code,	640
the public-private agreement shall be terminated if its terms have	641
not yet been performed.	642

As used in division (R)(2) of this section, "operator,"	643
"private entity," and "public-private agreement" have the same	644
meanings as in section 5501.70 of the Revised Code.	645

(S) A candidate whose campaign committee violates or a	646
treasurer of a campaign committee who violates section 3517.081 of	647
the Revised Code, and a candidate whose campaign committee	648
violates or a treasurer of a campaign committee or another person	649
who violates division (C) of section 3517.10 of the Revised Code,	650
shall be fined not more than five hundred dollars.	651

(T) A candidate whose campaign committee violates or a	652
treasurer of a committee who violates division (B) of section	653
3517.09 of the Revised Code, or a candidate whose campaign	654
committee violates or a treasurer of a campaign committee or	655
another person who violates division (C) of section 3517.09 of the	656
Revised Code shall be fined not more than one thousand dollars.	657

(U) Whoever violates section 3517.20 of the Revised Code	658
shall be fined not more than five hundred dollars.	659

(V) Whoever violates section 3517.21 or 3517.22 of the	660
Revised Code shall be imprisoned for not more than six months or	661
fined not more than five thousand dollars, or both.	662

(W) A campaign committee that is required to file a	663
declaration of no limits under division (D)(2) of section 3517.103	664
of the Revised Code that, before filing that declaration, accepts	665
a contribution or contributions that exceed the limitations	666
prescribed in section 3517.102 of the Revised Code, shall return	667
that contribution or those contributions to the contributor.	668

(X) Any campaign committee that fails to file the declaration	669
of filing-day finances required by division (F) of section	670
3517.109 of the Revised Code or the declaration of primary-day	671
finances or declaration of year-end finances required by division	672
(E) of section 3517.1010 of the Revised Code shall be fined	673
twenty-five dollars for each day of violation.	674

(Y)(1) Any campaign committee that fails to dispose of excess	675
funds or excess aggregate contributions under division (B) of	676
section 3517.109 of the Revised Code in the manner required by	677
division (C) of that section or under division (B) of section	678
3517.1010 of the Revised Code in the manner required by division	679
(C) of that section shall give to the treasurer of state for	680
deposit into the Ohio elections commission fund created under	681
division (I) of section 3517.152 of the Revised Code all funds not	682
disposed of pursuant to those divisions.	683

(2) Any treasurer of a transition fund that fails to dispose	684
of assets remaining in the transition fund as required under	685
division (H)(1) or (2) of section 3517.1014 of the Revised Code	686
shall give to the treasurer of state for deposit into the Ohio	687
elections commission fund all assets not disposed of pursuant to	688
that division.	689

(Z) Any individual, campaign committee, political action	690
committee, political contributing entity, legislative campaign	691
fund, political party, treasurer of a transition fund, or other	692
entity that violates any provision of sections 3517.09 to 3517.12	693
of the Revised Code for which no penalty is provided for under any	694
other division of this section shall be fined not more than one	695
thousand dollars.	696

(AA)(1) Whoever knowingly violates division (W)(1) of section	697
3517.13 of the Revised Code shall be fined an amount equal to	698
three times the amount contributed, expended, or promised in	699
violation of that division or ten thousand dollars, whichever	700
amount is greater.	701

(2) Whoever knowingly violates division (W)(2) of section	702
3517.13 of the Revised Code shall be fined an amount equal to	703
three times the amount solicited or accepted in violation of that	704
division or ten thousand dollars, whichever amount is greater.	705

(BB) Whoever knowingly violates division (C) or (D) of	706
section 3517.1011 of the Revised Code shall be fined not more than	707
ten thousand dollars plus not more than one thousand dollars for	708
each day of violation.	709

(CC)(1) Subject to division (CC)(2) of this section, whoever	710
violates division (H) of section 3517.1011 of the Revised Code	711
shall be fined an amount up to three times the amount disbursed	712
for the direct costs of airing the communication made in violation	713
of that division.	714

(2) Whoever has been ordered by the Ohio elections commission	715
or by a court of competent jurisdiction to cease making	716
communications in violation of division (H) of section 3517.1011	717
of the Revised Code who again violates that division shall be	718
fined an amount equal to three times the amount disbursed for the	719
direct costs of airing the communication made in violation of that	720
division.	721

(DD)(1) Any corporation or labor organization that violates	722
division (X)(3)(a) of section 3517.13 of the Revised Code shall be	723
fined an amount equal to three times the amount given in excess of	724
the amount permitted by that division.	725

(2) Any state or county political party that violates	726
division (X)(3)(b) of section 3517.13 of the Revised Code shall be	727
fined an amount equal to three times the amount accepted in excess	728
of the amount permitted by that division.	729

(EE)(1) Any campaign committee or person who violates	730
division (C)(1)(b) or (c) of section 3517.1014 of the Revised Code	731
shall be fined an amount equal to three times the amount donated	732
in excess of the amount permitted by that division.	733

(2) Any officeholder or treasurer of a transition fund who	734
violates division (C)(3)(a) or (b) of section 3517.1014 of the	735
Revised Code shall be fined an amount equal to three times the	736
amount accepted in excess of the amount permitted by that	737
division.	738

Sec. 5501.70.  As used in sections 5501.70 to 5501.83 of the	739
Revised Code:	740

(A) "Affected jurisdiction" means any unit of government	741
within the state in which all or part of a transportation facility	742
is located or any other public entity directly affected by the	743
transportation facility.	744

(B) "Force majeure" means an uncontrollable force or natural	745
disaster not within the power of the operator or the state.	746

(C) "Maintenance" includes routine maintenance, major	747
maintenance, and any other categories of maintenance that may be	748
designated by the department of transportation.	749

(D) "Material default" means any failure of an operator to	750
perform any duties under a public-private agreement that	751
jeopardizes delivery of adequate service to the public and remains	752
unsatisfied after a reasonable period of time and after the	753
operator has received written notice from the department of the	754
failure.	755

(E) "Operate" means any action to maintain, repair, improve,	756
equip, or modify a transportation facility.	757

(F) "Operator" means a private entity that has entered into a	758
public-private agreement under sections 5501.71 to 5501.83 of the	759
Revised Code.	760

(G) "Private entity" means any natural person, corporation,	761
general partnership, limited liability company, limited	762
partnership, joint venture, business trust, public benefit	763
corporation, nonprofit entity, or other business entity.	764

(H) "Public-private agreement" means the agreement between a	765
private entity and the department that relates to the development,	766
financing, maintenance, or operation of a transportation facility	767
subject to sections 5501.70 to 5501.83 of the Revised Code.	768

(I) "Public-private initiative" means an arrangement between	769
the department and one or more private entities, the terms of	770
which are stated in a public-private agreement, that provides for	771
all of the following:	772

(1) Acceptance of a private contribution, including a money	773
payment, for a project or service for a transportation facility;	774

(2) Sharing of resources and the means of providing a project	775
or service for a transportation facility;	776

(3) Cooperation in researching, developing, and implementing	777
projects or services for a transportation facility.	778

(J) "Transportation facility" has the same meaning as in	779
section 5501.01 of the Revised Code and also includes a tunnel,	780
ferry, seaport facility, intermodal facility, or similar facility	781
open to the public and used for the transportation of persons or	782
goods, and any building, structure, parking area, or other	783
appurtenances or property needed to operate a transportation	784
facility that is subject to a public-private agreement.	785

(K) "User fee" means a rate, toll, fee, or other charge	786
imposed by an operator for use of all or part of a transportation	787
facility.	788

(L) "Utility" means a privately, publicly, or cooperatively	789
owned line, facility, or system for producing, transmitting, or	790
distributing communications, cable television, power, electricity,	791
light, heat, gas, oil, crude products, water, steam, waste, storm	792
water not connected with highway drainage, alternative or	793
renewable energy sources such as wind or solar, or any other	794
similar commodity, including a fire or police signal system or	795
street lighting system that directly or indirectly serves the	796
public.	797

Sec. 5501.71.  (A) The department of transportation may	798
solicit, receive, consider, evaluate, and accept a proposal for a	799
public-private initiative.	800

(B) In soliciting and selecting a private entity with which	801
to enter into a public-private initiative, the department shall	802
use any one or more of the following:	803

(1) Sealed bidding;

804

(2) Selection of proposals, with or without negotiations,	805
based on qualifications, best value, or both;	806

(3) Any competitive selection process that the department	807
determines to be appropriate or reasonable.	808

(C) The department shall consider the following factors in	809
evaluating and selecting a bid or proposal to enter into a	810
public-private initiative:	811

(1) The ability of the transportation facility to improve	812
safety, reduce congestion, increase capacity, and promote economic	813
growth;	814

(2) The extent that the private entity's proposal addresses	815
the needs identified in the appropriate state, regional, or local	816
transportation plan by improving safety, reducing congestion,	817
increasing capacity, or enhancing economic efficiency and the	818
private entity's proposal corresponds with the state, regional, or	819
local transportation improvement plan;	820

(3) The proposed cost of and financial plan for the	821
transportation facility;	822

(4) The general reputation, qualifications, industry	823
experience, and financial capacity of the private entity;	824

(5) The proposed design, operation, and feasibility of the	825
transportation facility;	826

(6) Comments from local citizens and affected jurisdictions;

827

(7) Benefits to the public and the affected transportation	828
facility;	829

(8) The safety record of the private entity;

830

(9) Any other criteria that the department considers	831
appropriate.	832

(D) The department may select multiple private entities with	833
which to enter a public-private agreement for a transportation	834
facility if it is in the public interest to do so.	835

(E) The department shall select a private entity or entities	836
for a public-private initiative on a competitive basis to the	837
maximum extent practicable.	838

(F) Any materials or data submitted to, made available to, or	839
received by the director of transportation, to the extent that the	840
material or data consist of trade secrets, as defined in section	841
1333.61 of the Revised Code, or commercial or financial	842
information, are confidential and are not public records for the	843
purposes of section 149.43 of the Revised Code. Prior to	844
submission of a solicited proposal, a private entity may request a	845
review by the department of information that the private entity	846
has identified as confidential, to determine whether such	847
information would be subject to disclosure under section 149.43 of	848
the Revised Code.	849

(G) Sections 5501.70 to 5501.83 of the Revised Code control	850
in any conflict with any state or local statute, rule, regulation,	851
or ordinance relating to solicited proposals.	852

Sec. 5501.72.  (A) The department of transportation may	853
receive, consider, evaluate, and accept an unsolicited proposal	854
for a public-private initiative if the proposal meets all of the	855
following:	856

(1) Addresses the needs identified in the appropriate state,	857
regional, or local transportation plan by improving safety,	858
reducing congestion, increasing capacity, or enhancing economic	859
efficiency and the proposal corresponds with the state, regional,	860
or local transportation improvement plan;	861

(2) Is independently originated and developed by the	862
proposer;	863

(3) Benefits the public;

864

(4) Is prepared without department supervision;

865

(5) Includes sufficient detail and information for the	866
department to evaluate the proposal in an objective and timely	867
manner;	868

(6) Is made by a private entity that is not prohibited from	869
making an unsolicited proposal under division (AA)(1) of section	870
3517.13 of the Revised Code.	871

(B) Within ninety days after receiving an unsolicited	872
proposal, the department shall undertake a preliminary evaluation	873
of the unsolicited proposal to determine if the proposal complies	874
with the requirements of division (A) of this section.	875

(C) Any materials or data submitted to, made available to, or	876
received by the director of transportation under this section, to	877
the extent that the material or data consist of trade secrets, as	878
defined in section 1333.61 of the Revised Code, or commercial or	879
financial information, are confidential and are not public records	880
for the purposes of section 149.43 of the Revised Code, regardless	881
of whether the department accepts or rejects the proposal. Prior	882
to submission of an unsolicited proposal or a competing proposal,	883
a private entity may request a review by the department of	884
information that the private entity has identified as confidential	885
to determine whether such information would be subject to	886
disclosure under section 149.43 of the Revised Code.	887

(D) If the unsolicited proposal does not comply with division	888
(A) of this section, the department shall return the proposal	889
without further action.	890

(E) If the unsolicited proposal complies with division (A) of	891
this section, the department may continue to evaluate the proposal	892
in accordance with this section.	893

(F)(1) If the unsolicited proposal complies with division (A)	894
of this section, the department shall advertise the unsolicited	895
proposal for the purpose of receiving competitive proposals for	896
the proposed transportation facility.	897

(2) The advertisement shall outline the general nature and	898
scope of the unsolicited proposal, including the location of the	899
transportation facility and the work to be performed on or in	900
connection with the transportation facility and shall specify an	901
address to which a competing proposal may be submitted.	902

(3) The advertisement shall specify a reasonable time period	903
by which competitors must submit a competing proposal to the	904
department.	905

(G) The department shall charge a reasonable fee to cover its	906
costs to process, review, and evaluate an unsolicited proposal and	907
any competing proposals.	908

(H) Upon receipt of any competing proposals, the department	909
shall do all of the following:	910

(1) Determine if any competing proposal is comparable in	911
nature and scope to the original unsolicited proposal;	912

(2) Evaluate the original unsolicited proposal and any	913
comparable competing proposal;	914

(3) Conduct any good faith discussions and, if necessary, any	915
negotiations concerning each qualified proposal.	916

(I) The department shall evaluate an unsolicited proposal and	917
any comparable competing proposal using the following factors:	918

(1) Novel methods, approaches, or concepts demonstrated by	919
the proposal;	920

(2) Scientific, technical, or socioeconomic merits of the	921
proposal;	922

(3) Potential contribution of the proposal to the	923
department's mission;	924

(4) Capabilities, related experience, facilities, or	925
techniques of the private entity or unique combinations of these	926
qualities that are integral factors for achieving the proposal	927
objectives;	928

(5) Qualifications, capabilities, and experience of the	929
proposed principal investigator, team leader, or key personnel,	930
who are critical to achieving the proposal objectives;	931

(6) How the proposal benefits the public;

932

(7) Any other factors appropriate to a particular proposal.

933

(J) After evaluating the unsolicited proposal and any	934
competing proposals, the department may do any of the following:	935

(1) Accept the unsolicited proposal and reject any competing	936
proposals;	937

(2) Reject the unsolicited proposal and accept a comparable	938
competing proposal if the department determines that the	939
comparable competing proposal is the most advantageous to the	940
state;	941

(3) Accept both an unsolicited proposal and a competing	942
proposal if accepting both proposals is advantageous to the state;	943

(4) Reject the unsolicited proposal and any competing	944
proposals.	945

(K) Sections 5501.70 to 5501.83 of the Revised Code control	946
in any conflict with any state or local statute, rule, regulation,	947
or ordinance relating to unsolicited proposals.	948

Sec. 5501.73.  (A) After selecting a solicited or unsolicited	949
proposal for a public-private initiative, the department of	950
transportation, with the prior approval of the controlling board,	951
shall enter into a public-private agreement for a transportation	952
facility with the selected private entity or any configuration of	953
private entities. An affected jurisdiction may be a party to a	954
public-private agreement entered into by the department and a	955
selected private entity or combination of private entities.	956

(B) A public-private agreement under this section shall	957
provide for all of the following:	958

(1) Planning, acquisition, financing, development, design,	959
construction, reconstruction, replacement, improvement,	960
maintenance, management, repair, leasing, or operation of a	961
transportation facility;	962

(2) Term of the public-private agreement, subject to division	963
(D) of this section;	964

(3) Type of property interest, if any, the private entity	965
will have in the transportation facility;	966

(4) Description of the actions the department may take to	967
ensure proper maintenance of the transportation facility;	968

(5) Whether user fees will be collected on the transportation	969
facility and the basis by which such user fees shall be determined	970
and modified;	971

(6) Compliance with applicable federal, state, and local	972
laws;	973

(7) Grounds for termination of the public-private agreement	974
by the department or operator;	975

(8) Procedures for amendment of the agreement.

976

(C) A public-private agreement under this section may provide	977
for any of the following:	978

(1) Review and approval by the department of the operator's	979
plans for the development and operation of the transportation	980
facility;	981

(2) Inspection by the department of construction of or	982
improvements to the transportation facility;	983

(3) Maintenance by the operator of a policy of liability	984
insurance or self-insurance;	985

(4) Filing by the operator, on a periodic basis, of	986
appropriate financial statements in a form acceptable to the	987
department;	988

(5) Filing by the operator, on a periodic basis, of traffic	989
reports in a form acceptable to the department;	990

(6) Financing obligations of the operator and the department;

991

(7) Apportionment of expenses between the operator and the	992
department;	993

(8) Rights and duties of the operator, the department, and	994
other state and local governmental entities with respect to use of	995
the transportation facility;	996

(9) Rights and remedies available in the event of default or	997
delay;	998

(10) Terms and conditions of indemnification of the operator	999
by the department;	1000

(11) Assignment, subcontracting, or other delegation of	1001
responsibilities of the operator or the department under the	1002
agreement to third parties, including other private entities and	1003
other state agencies;	1004

(12) Sale or lease to the operator of private property	1005
related to the transportation facility;	1006

(13) Traffic enforcement and other policing issues, including	1007
any reimbursement by the private entity for such services.	1008

(D) Any public-private agreement entered into under this	1009
section may be for a period not to exceed the then current	1010
two-year period for which appropriations have been made by the	1011
general assembly to the department; provided, that any agreement	1012
may be renewed for succeeding two-year periods when the general	1013
assembly enacts sufficient appropriations to the department for	1014
each successive biennium. Any such agreement may include, without	1015
limitation, any agreement by the department with respect to any	1016
costs of transportation facilities to be included prior to	1017
acquisition and construction of such transportation facilities.	1018
Any such agreement shall not constitute a debt or pledge of the	1019
faith and credit of the state, or of any political subdivision of	1020
the state, and the operator shall have no right to have taxes or	1021
excises levied by the general assembly, or the taxing authority of	1022
any political subdivision of the state, for payments under the	1023
agreement. Any such agreement shall contain a statement to that	1024
effect.	1025

Sec. 5501.74.  In the event of termination of the	1026
public-private agreement, the authority and duties of the operator	1027
cease, except for any duties and obligations that extend beyond	1028
the termination as provided in the public-private agreement, and	1029
the transportation facility reverts to the department of	1030
transportation and shall be dedicated to the department for public	1031
use.	1032

Sec. 5501.75.  (A) Upon the occurrence and during the	1033
continuation of material default by an operator, not related to an	1034
event of force majeure, the department of transportation may do	1035
the following:	1036

(1) Elect to take over the transportation facility, including	1037
the succession of all right, title, and interest in the	1038
transportation facility, subject to any liens on revenues	1039
previously granted by the private entity;	1040

(2) Terminate the public-private agreement and exercise any	1041
other available rights and remedies.	1042

(B) In the event that the department elects to take over a	1043
transportation facility, the department shall collect and pay any	1044
revenues that are subject to lien to satisfy any obligation and	1045
may do the following:	1046

(1) Develop and operate the transportation facility, impose	1047
user fees for the use of the transportation facility, and comply	1048
with any service contracts;	1049

(2) Solicit proposals for the maintenance and operation of	1050
the transportation facility under section 5501.71 of the Revised	1051
Code.	1052

Sec. 5501.76. Obligations may be issued under section 5531.10	1053
of the Revised Code for the purpose of providing funds to carry	1054
out sections 5501.70 to 5501.83 of the Revised Code with respect	1055
to the development or financing of a transportation facility.	1056

Sec. 5501.77.  (A) For the purposes of carrying out sections	1057
5501.70 to 5501.83 of the Revised Code, the department of	1058
transportation may do all of the following:	1059

(1) Accept, subject to applicable terms and conditions,	1060
available funds from the United States or any of its agencies,	1061
whether the funds are made available by grant, loan, or other	1062
financial assistance;	1063

(2) Enter into agreements or other arrangements with the	1064
United States or any of its agencies as may be necessary;	1065

(3) Accept from any source any grant, donation, gift, or	1066
other form of conveyance of land, money, other real or personal	1067
property, or other item of value made to the state or the	1068
department.	1069

(B) Any transportation facility may be financed in whole or	1070
in part by contribution of any funds or property made by any	1071
private entity or affected jurisdiction that is party to a	1072
public-private agreement under sections 5501.70 to 5501.83 of the	1073
Revised Code.	1074

(C) The department may combine federal, state, local, and	1075
private funds to finance a transportation facility under sections	1076
5501.70 to 5501.83 of the Revised Code.	1077

Sec. 5501.78.  A transportation facility and any tangible	1078
personal property used exclusively with a transportation facility	1079
that is owned by the department of transportation and leased,	1080
licensed, financed, or otherwise conveyed to an operator, or that	1081
is acquired, constructed, or otherwise provided by an operator on	1082
behalf of the department, is exempt from all ad valorem property	1083
taxes and special assessments levied against property by the state	1084
or any political subdivision of the state.	1085

Sec. 5501.79.  The department of transportation may acquire	1086
property, rights-of-way, or other rights in property for	1087
transportation projects that are part of a public-private	1088
initiative in accordance with Chapter 163. of the Revised Code.	1089
If, at the request of a private entity, the department proposes to	1090
acquire property, rights-of-way, or other rights in property in	1091
accordance with Chapter 163. of the Revised Code, the director of	1092
transportation first shall make a finding that the acquisition	1093
serves the public purposes of sections 5501.70 to 5501.83 of the	1094
Revised Code and also shall require the private party to pay the	1095
costs of the acquisition.	1096

Sec. 5501.80.  All law enforcement officers of the state and	1097
of an affected local jurisdiction shall have the same powers and	1098
jurisdiction within the limits of the transportation facility as	1099
they have in their respective areas of jurisdiction and access to	1100
the transportation facility at any time for the purpose of	1101
exercising such powers and jurisdiction.	1102

Sec. 5501.81.  An operator under sections 5501.70 to 5501.83	1103
of the Revised Code and any utility whose facility is to be	1104
crossed or relocated shall cooperate fully in planning and	1105
arranging the manner of the crossing or relocation of the utility	1106
facility.	1107

Sec. 5501.82.  Nothing in sections 5501.70 to 5501.83 of the	1108
Revised Code shall be construed or deemed to limit any waiver of	1109
the sovereign immunity of the state or any officer or employee of	1110
the state with respect to the participation in or approval of all	1111
or any part of the transportation facility or its operation.	1112

Sec. 5501.83.  The department of transportation may adopt	1113
rules under Chapter 119. of the Revised Code to carry out sections	1114
5501.70 to 5501.83 of the Revised Code.	1115

Section 2. That existing sections 3517.13, 3517.151, and	1116
3517.992 of the Revised code are hereby repealed.	1117