Bill Text: OH SB391 | 2011-2012 | 129th General Assembly | Introduced


Bill Title: To revise the Ethics Law.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2012-11-21 - To Government Oversight & Reform [SB391 Detail]

Download: Ohio-2011-SB391-Introduced.html
As Introduced

129th General Assembly
Regular Session
2011-2012
S. B. No. 391


Senator Niehaus 



A BILL
To amend sections 101.15, 101.301, 101.34, 101.70, 1
101.72, 101.73, 101.74, 101.75, 101.78, 101.90, 2
101.92, 101.93, 101.94, 101.95, 101.98, 102.01, 3
102.02, 102.021, 102.03, 102.031, 102.06, 102.07, 4
102.99, 109.54, 121.60, 121.62, 121.63, 121.64, 5
121.65, 121.68, and 4503.033 of the Revised Code 6
to revise the Ethics Law.7


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

       Section 1. That sections 101.15, 101.301, 101.34, 101.70, 8
101.72, 101.73, 101.74, 101.75, 101.78, 101.90, 101.92, 101.93, 9
101.94, 101.95, 101.98, 102.01, 102.02, 102.021, 102.03, 102.031, 10
102.06, 102.07, 102.99, 109.54, 121.60, 121.62, 121.63, 121.64, 11
121.65, 121.68, and 4503.033 of the Revised Code be amended to 12
read as follows:13

       Sec. 101.15.  (A) As used in this section:14

       (1) "Caucus" means all of the members of either house of the 15
general assembly who are members of the same political party.16

       (2) "Committee" means any committee of either house of the 17
general assembly, a joint committee of both houses of the general 18
assembly, including a committee of conference, or a subcommittee 19
of any committee listed in division (A)(2) of this section.20

       (3) "Meeting" means any prearranged discussion of the public 21
business of a committee by a majority of its members.22

       (B) Except as otherwise provided in division (F) of this 23
section, all meetings of any committee are declared to be public 24
meetings open to the public at all times. The secretary assigned 25
to the chairperson of the committee shall prepare, file, and 26
maintain the minutes of every regular or special meeting of a 27
committee. The committee, at its next regular or special meeting, 28
shall approve the minutes prepared, filed, and maintained by the 29
secretary, or, if the minutes prepared, filed, and maintained by 30
the secretary require correction before their approval, the 31
committee shall correct and approve the minutes at the next 32
following regular or special meeting. The committee shall make the 33
minutes available for public inspection not later than seven days 34
after the meeting the minutes reflect or not later than the 35
committee's next regular or special meeting, whichever occurs 36
first.37

       (C) Each committee shall establish a reasonable method 38
whereby any person may determine the time and place of all 39
regularly scheduled meetings and the time, place, and purpose of 40
all special meetings. No committee shall hold a regular or special 41
meeting unless it gives at least twenty-four hours' advance notice 42
to the news media that have requested notification.43

       The method established by each committee shall provide that, 44
upon request and payment of a reasonable fee, any person may 45
obtain reasonable advance notification of all meetings at which 46
any specific type of public business will be discussed. Provisions 47
for advance notification may include, but are not limited to, 48
mailing the agenda of meetings to all subscribers on a mailing 49
list or mailing notices in self-addressed stamped envelopes 50
provided by the person who desires advance notification.51

       (D) Any action of a committee relating to a bill or 52
resolution, or any other formal action of a committee, is invalid 53
unless taken in an open meeting of the committee. Any action of a 54
committee relating to a bill or resolution, or any other formal 55
action of a committee, taken in an open meeting is invalid if it 56
results from deliberations in a meeting not open to the public.57

       (E)(1) Any person may bring an action to enforce this 58
section. An action under this division shall be brought within two 59
years after the date of the alleged violation or threatened 60
violation. Upon proof of a violation or threatened violation of 61
this section in an action brought by any person, the court of 62
common pleas shall issue an injunction to compel the members of 63
the committee to comply with its provisions.64

       (2)(a) If the court of common pleas issues an injunction 65
under division (E)(1) of this section, the court shall order the 66
committee that it enjoins to pay a civil forfeiture of five 67
hundred dollars to the party that sought the injunction and shall 68
award to that party all court costs and, subject to reduction as 69
described in this division, reasonable attorney's fees. The court, 70
in its discretion, may reduce an award of attorney's fees to the 71
party that sought the injunction or not award attorney's fees to 72
that party if the court determines both of the following:73

       (i) That, based on the ordinary application of statutory law 74
and case law as it existed at the time of the violation or 75
threatened violation that was the basis of the injunction, a 76
well-informed committee reasonably would believe that the 77
committee was not violating or threatening to violate this 78
section;79

       (ii) That a well-informed committee reasonably would believe 80
that the conduct or threatened conduct that was the basis of the 81
injunction would serve the public policy that underlies the 82
authority that is asserted as permitting that conduct or 83
threatened conduct.84

       (b) If the court of common pleas does not issue an injunction 85
under division (E)(1) of this section and the court determines at 86
that time that the bringing of the action was frivolous conduct as 87
defined in division (A) of section 2323.51 of the Revised Code, 88
the court shall award to the committee all court costs and 89
reasonable attorney's fees, as determined by the court.90

       (3) Irreparable harm and prejudice to the party that sought 91
the injunction shall be conclusively and irrebuttably presumed 92
upon proof of a violation or threatened violation of this section.93

       (4) A member of a committee who knowingly violates an 94
injunction issued under division (E)(1) of this section may be 95
removed from office by an action brought in the court of common 96
pleas for that purpose by the prosecuting attorney of Franklin 97
county or by the attorney general.98

       (5) The remedies described in divisions (E)(1) to (4) of this 99
section shall be the exclusive remedies for a violation of this 100
section.101

       (F) This section does not apply to or affect either of the 102
following:103

       (1) All meetings of the joint legislative ethics committee 104
created under section 101.34 of the Revised Code other than a 105
meeting that is held for any of the following purposes:106

       (a) To consider the adoption, amendment, or recission of any 107
rule that the joint legislative ethics committee is authorized to 108
adopt pursuant to division (B)(11) of section 101.34, division (E) 109
of section 101.78, division (B) of section 102.02, or division 110
(E)(D) of section 121.68 of the Revised Code;111

       (b) To discuss and consider changes to any administrative 112
operation of the joint legislative ethics committee other than any 113
matter described in division (G) of section 121.22 of the Revised 114
Code;115

       (c) To discuss pending or proposed legislation.116

       (2) Meetings of a caucus.117

       (G) For purposes of division (F)(1)(a) of this section, an 118
advisory opinion, written opinion, or decision relative to a 119
complaint is not a rule.120

       Sec. 101.301.  (A) As used in this section, "caucus" means 121
all of the members of the house of representatives, or all of the 122
members of the senate, who are members of the same political 123
party.124

       (B) Notwithstanding any contrary provision of section 125
2317.021 of the Revised Code, the members of the general assembly 126
who are members of a caucus, and the officers and employees of the 127
general assembly who either serve that caucus or serve the members 128
of the general assembly who are members of that caucus, are 129
clients, for purposes of the attorney-client testimonial privilege 130
specified in division (A) of section 2317.02 of the Revised Code 131
and for purposes of any other statutory or common law 132
attorney-client privilege recognized in this state, of the 133
employee of the house of representatives or senate who serves as 134
the legal counsel for that caucus.135

       (C) Notwithstanding any contrary provision of section 136
2317.021 of the Revised Code, the members, officers, and employees 137
of the general assembly are clients, for purposes of the 138
attorney-client testimonial privilege specified in division (A) of 139
section 2317.02 of the Revised Code and for purposes of any other 140
statutory or common law attorney-client privilege recognized in 141
this state, of the employees of the joint legislative ethics 142
committee who render legal advice to those members, officers, and 143
employees.144

       Sec. 101.34.  (A) There is hereby created a joint legislative 145
ethics committee to serve the general assembly. The committee 146
shall be composed of twelve members, six each from the two major 147
political parties, and each member shall serve on the committee 148
during the member's term as a member of that general assembly. Six 149
members of the committee shall be members of the house of 150
representatives appointed by the speaker of the house of 151
representatives, not more than three from the same political 152
party, and six members of the committee shall be members of the 153
senate appointed by the president of the senate, not more than 154
three from the same political party. A vacancy in the committee 155
shall be filled for the unexpired term in the same manner as an 156
original appointment. The members of the committee shall be 157
appointed within fifteen days after the first day of the first 158
regular session of each general assembly and the committee shall 159
meet and proceed to recommend an ethics code not later than thirty 160
days after the first day of the first regular session of each 161
general assembly.162

       In the first regular session of each general assembly, the 163
speaker of the house of representatives shall appoint the 164
chairperson of the committee from among the house members of the 165
committee, and the president of the senate shall appoint the 166
vice-chairperson of the committee from among the senate members of 167
the committee. In the second regular session of each general 168
assembly, the president of the senate shall appoint the 169
chairperson of the committee from among the senate members of the 170
committee, and the speaker of the house of representatives shall 171
appoint the vice-chairperson of the committee from among the house 172
members of the committee. The chairperson, vice-chairperson, and 173
members of the committee shall serve until their respective 174
successors are appointed or until they are no longer members of 175
the general assembly.176

       The committee shall meet at the call of the chairperson or 177
upon the written request of seven members of the committee.178

       (B) The joint legislative ethics committee:179

       (1) Shall recommend a code of ethics that is consistent with 180
law to govern all members and employees of each house of the 181
general assembly and all candidates for the office of member of 182
each house;183

       (2) May receive and hear any complaint that alleges a breach 184
of any privilege of either house, or misconduct of any member, 185
employee, or candidate, or any violation of the appropriate code 186
of ethics;187

       (3) May obtain information with respect to any complaint 188
filed pursuant to this section and to that end may enforce the 189
attendance and testimony of witnesses, and the production of books 190
and papers;191

       (4) May recommend whatever sanction is appropriate with 192
respect to a particular member, employee, or candidate as will 193
best maintain in the minds of the public a good opinion of the 194
conduct and character of members and employees of the general 195
assembly;196

       (5) May recommend legislation to the general assembly 197
relating to the conduct and ethics of members and employees of and 198
candidates for the general assembly;199

       (6) Shall employ an executive director for the committee and 200
may employ other staff as the committee determines necessary to 201
assist it in exercising its powers and duties. The executive 202
director and staff of the committee shall be known as the office 203
of legislative inspector general. At least one member of the staff 204
of the committee shall be an attorney at law licensed to practice 205
law in this state. The appointment and removal of the executive 206
director shall require the approval of at least eight members of 207
the committee.208

       (7) May employ a special counsel to assist the committee in 209
exercising its powers and duties. The appointment and removal of a 210
special counsel shall require the approval of at least eight 211
members of the committee.212

       (8) Shall act as an advisory body to the general assembly and 213
to individual members, candidates, and employees on questions 214
relating to ethics, possible conflicts of interest, and financial 215
disclosure;216

       (9) Shall provide for the proper forms on which a statement 217
required or permitted pursuant to section 102.02 or 102.021 of the 218
Revised Code shall be filed and instructions as to the filing of 219
the statement;220

       (10) Exercise the powers and duties prescribed under sections 221
101.70 to 101.79, sections 101.90 to 101.98, Chapter 102., and 222
sections 121.60 to 121.69 of the Revised Code;223

       (11) Adopt, in accordance with section 111.15 of the Revised 224
Code, any rules that are necessary to implement and clarify 225
Chapter 102. and sections 2921.42 and 2921.43 of the Revised Code.226

       (C) There is hereby created in the state treasury the joint 227
legislative ethics committee fund. All money collected from 228
registration fees and late filing fees prescribed under sections 229
101.72, 101.92, and 121.62 of the Revised Code shall be deposited 230
into the state treasury to the credit of the fund. Money credited 231
to the fund and any interest and earnings from the fund shall be 232
used solely for the operation of the joint legislative ethics 233
committee and the office of legislative inspector general and for 234
the purchase of data storage and computerization facilities for 235
the statements filed with the committee under sections 101.73, 236
101.74, 101.93, 101.94, 121.63, and 121.64 of the Revised Code.237

       (D) The chairperson of the joint legislative ethics committee 238
shall issue a written report, not later than the thirty-first day 239
of January of each year, to the speaker and minority leader of the 240
house of representatives and to the president and minority leader 241
of the senate that lists the number of committee meetings and 242
investigations the committee conducted during the immediately 243
preceding calendar year and the number of advisory opinions it 244
issued during the immediately preceding calendar year.245

       (E) Any investigative report that contains facts and findings 246
regarding a complaint filed with the joint legislative ethics 247
committee and that is prepared by the staff of the committee or a 248
special counsel to the committee shall become a public record upon 249
its acceptance by a vote of the majority of the members of the 250
committee, except for any names of specific individuals and 251
entities contained in the report. If the committee recommends 252
disciplinary action or reports its findings to the appropriate 253
prosecuting authority for proceedings in prosecution of the 254
violations alleged in the complaint, the investigatory report 255
regarding the complaint shall become a public record in its 256
entirety.257

       (F)(1) Any file obtained by or in the possession of the 258
former house ethics committee or former senate ethics committee 259
shall become the property of the joint legislative ethics 260
committee. Any such file is confidential if either of the 261
following applies:262

       (a) It is confidential under section 102.06 of the Revised 263
Code or the legislative code of ethics.264

       (b) If the file was obtained from the former house ethics 265
committee or from the former senate ethics committee, it was 266
confidential under any statute or any provision of a code of 267
ethics that governed the file.268

       (2) As used in this division, "file" includes, but is not 269
limited to, evidence, documentation, or any other tangible thing.270

       (G) There is hereby created in the state treasury the joint 271
legislative ethics committee investigative fund. Investment 272
earnings of the fund shall be credited to the fund. Money in the 273
fund shall be used solely for the operations of the committee in 274
conducting investigations.275

       Sec. 101.70.  As used in sections 101.70 to 101.79 and 101.99 276
of the Revised Code:277

       (A) "Person" means any individual, partnership, trust, 278
estate, business trust, association, or corporation; any labor 279
organization or manufacturer association; any department, 280
commission, board, publicly supported college or university, 281
division, institution, bureau, or other instrumentality of the 282
state; or any county, township, municipal corporation, school 283
district, or other political subdivision of the state. "Person" 284
includes the Ohio casino control commission, a member of the 285
commission, the executive director of the commission, an employee 286
of the commission, and an agent of the commission.287

       (B) "Legislation" means bills, resolutions, amendments, 288
nominations, and any other matter pending before the general 289
assembly, any matter pending before the controlling board, or the 290
executive approval or veto of any bill acted upon by the general 291
assembly.292

       (C) "Compensation" means a salary, gift, payment, benefit, 293
subscription, loan, advance, reimbursement, or deposit of money or 294
anything of value; or a contract, promise, or agreement, whether 295
or not legally enforceable, to make compensation.296

       (D) "Expenditure" means any of the following that is made to, 297
at the request of, for the benefit of, or on behalf of any member 298
of the general assembly, any member of the controlling board, the 299
governor, the director of a department created under section 300
121.02 of the Revised Code, or any member of the staff of any301
public officer or employee listed in this divisionofficial:302

       (1) A payment, distribution, loan, advance, deposit, 303
reimbursement, or gift of money, real estate, or anything of 304
value, including, but not limited to, food and beverages, 305
entertainment, lodging, or transportation;306

       (2) A contract, promise, or agreement to make an expenditure, 307
whether or not legally enforceable;308

       (3) The purchase, sale, or gift of services or any other 309
thing of value.310

"Expenditure" does not include a contribution, gift, or grant to a 311
foundation or other charitable organization that is exempt from 312
federal income taxation under subsection 501(c)(3) of the Internal 313
Revenue Code. "Expenditure" does not include the purchase, sale, 314
or gift of services or any other thing of value that is available 315
to the general public on the same terms as it is available to the 316
persons listed in this division, or an offer or sale of securities 317
to any person listed in this division that is governed by 318
regulation D, 17 C.F.R. 230.501 to 230.508, adopted under the 319
authority of the "Securities Act of 1933," 48 Stat. 74, 15 320
U.S.C.A. and following, or that is governed by a comparable 321
provision under state law.322

       (E) "Actively advocate" means to promote, advocate, or oppose 323
the passage, modification, defeat, or executive approval or veto 324
of any legislation by direct communication with any member of the 325
general assembly, any member of the controlling board, the 326
governor, the director of any department listed in section 121.02 327
of the Revised Code, or any member of the staff of any public 328
officer or employee listed in this divisionofficial. "Actively 329
advocate" does not include the action of any person not engaged by 330
an employer who has a direct interest in legislation if the 331
person, acting under Section 3 of Article I, Ohio Constitution, 332
assembles together with other persons to consult for their common 333
good, instructs a public officer or employee who is listed in this 334
divisionofficial, or petitions that public officer or employee335
official for the redress of grievances.336

       (F) "Legislative agent" means any individual, except a member 337
of the general assembly, a member of the staff of the general 338
assembly, the governor, lieutenant governor, attorney general, 339
secretary of state, treasurer of state, or auditor of state, who 340
is engaged during at least a portion of the individual's time to 341
actively advocate as one of the individual's main purposeswhose 342
direct communication with any public official for the purpose of 343
actively advocating constitutes at least five per cent of the 344
total performance time for which the individual is compensated by 345
a specific employer. An individual engaged by the Ohio casino 346
control commission, a member of the commission, the executive 347
director of the commission, or an employee or agent of the 348
commission to actively advocate is a "legislative agent" even if 349
the individual does not during at least a portion of the 350
individual's time actively advocate as one of the individual's 351
main purposes.352

       (G) "Employer" means any person who, directly or indirectly, 353
engages a legislative agent.354

       (H) "Engage" means to make any arrangement, and "engagement" 355
means any arrangement, whereby an individual is employed or 356
retained for compensation to act for or on behalf of an employer 357
to actively advocate.358

       (I) "Financial transaction" means a transaction or activity 359
that is conducted or undertaken for profit and arises from the 360
joint ownership or the ownership or part ownership in common of 361
any real or personal property or any commercial or business 362
enterprise of whatever form or nature between the following:363

       (1) A legislative agent, an employer of a legislative agent, 364
or a member of the immediate family of the legislative agent or a 365
legislative agent's employer; and366

       (2) Any member of the general assembly, any member of the 367
controlling board, the governor, the director of a department 368
created under section 121.02 of the Revised Code, or any member of 369
the staff of a public officer or employee listed in division 370
(I)(2) of this sectionofficial.371

       "Financial transaction" does not include any transaction or 372
activity described in division (I) of this section if it is 373
available to the general public on the same terms, or if it is an 374
offer or sale of securities to any person listed in division 375
(I)(2) of this section that is governed by regulation D, 17 C.F.R. 376
230.501 to 230.508, adopted under the authority of the "Securities 377
Act of 1933," 48 Stat. 74, 15 U.S.C.A. and following, or that is 378
governed by a comparable provision under state law.379

       (J) "Public official" means a member of the general assembly, 380
a member of the controlling board, the governor, the director of a 381
department created under section 121.02 of the Revised Code, or 382
any member of the staff of a public official listed in this 383
division.384

       (K) "Staff" means any state employee whose official duties 385
are to formulate policy and who exercises administrative or 386
supervisory authority or who authorizes the expenditure of state 387
funds.388

       Sec. 101.72.  (A) Each legislative agent and employer, within 389
ten days following an engagement of a legislative agent, shall 390
file with the joint legislative ethics committee an initial 391
registration statement showing all of the following:392

       (1) The name, business address, and occupation of the 393
legislative agent;394

       (2) The name and business address of the employer and the 395
real party in interest on whose behalf the legislative agent is 396
actively advocating, if it is different from the employer. For the 397
purposes of division (A) of this section, where a trade 398
association or other charitable or fraternal organization that is 399
exempt from federal income taxation under subsection 501(c) of the 400
federal Internal Revenue Code is the employer, the statement need 401
not list the names and addresses of each member of the association 402
or organization, so long as the association or organization itself 403
is listed.404

       (3) A brief description of the type of legislation to which 405
the engagement relates.406

       (B) In addition to the initial registration statement 407
required by division (A) of this section, each legislative agent 408
and employer shall file with the joint committee, not later than 409
the last day of January, May, and September of each year, an 410
updated registration statement that confirms the continuing 411
existence of each engagement described in an initial registration 412
statement and that lists the specific bills or resolutions on 413
which the agent actively advocated under that engagement during 414
the period covered by the updated statement, and with it any 415
statement of expenditures required to be filed by section 101.73 416
of the Revised Code and any details of financial transactions 417
required to be filed by section 101.74 of the Revised Code.418

       (C) If a legislative agent is engaged by more than one 419
employer, the agent shall file a separate initial and updated 420
registration statement for each engagement. If an employer engages 421
more than one legislative agent, the employer need file only one 422
updated registration statement under division (B) of this section, 423
which shall contain the information required by division (B) of 424
this section regarding all of the legislative agents engaged by 425
the employer.426

       (D)(1) A change in any information required by division 427
(A)(1), (2), or (B) of this section shall be reflected in the next 428
updated registration statement filed under division (B) of this 429
section.430

       (2) Within thirty days after the termination of an 431
engagement, the legislative agent who was employed under the 432
engagement shall send written notification of the termination to 433
the joint committee.434

       (E) A registration fee of twenty-fivethirty-five dollars 435
shall be charged for filing an initial registration statement. The 436
state agency of an officer or employee who actively advocates in a 437
fiduciary capacity as a representative of that state agency shall 438
pay the registration fee required under this division. All money 439
collected from registration fees under this division and late 440
filing fees under division (G) of this section shall be deposited 441
into the state treasury to the credit of the joint legislative 442
ethics committee fund created under section 101.34 of the Revised 443
Code.444

       An officer or employee of a state agency who actively 445
advocates in a fiduciary capacity as a representative of that 446
state agency need not file expenditure statements under section 447
101.73 of the Revised Code. As used in this division, "state 448
agency" does not include a state institution of higher education 449
as defined in section 3345.011 of the Revised Code.450

       (F) Upon registration pursuant to division (A) of this 451
section, the legislative agent shall be issued a card by the joint 452
committee showing that the legislative agent is registered. The 453
registration card and the legislative agent's registration shall 454
be valid from the date of their issuance until the next 455
thirty-first day of December of an even-numbered year.456

       (G) The executive director of the joint committee shall be 457
responsible for reviewing each registration statement filed with 458
the joint committee under this section and for determining whether 459
the statement contains all of the information required by this 460
section. If the joint committee determines that the registration 461
statement does not contain all of the required information or that 462
a legislative agent or employer has failed to file a registration 463
statement, the joint committee shall send written notification by 464
certified mail to the person who filed the registration statement 465
regarding the deficiency in the statement or to the person who 466
failed to file the registration statement regarding the failure. 467
Any person so notified by the joint committee shall, not later 468
than fifteen days after receiving the notice, file a registration 469
statement or an amended registration statement that does contain 470
all of the information required by this section. If any person who 471
receives a notice under this division fails to file a registration 472
statement or such an amended registration statement within this 473
fifteen-day period, the joint committee shall assess a late filing 474
fee equal to twelve dollars and fifty cents per day, up to a 475
maximum of one hundred dollars, upon that person. The joint 476
committee may waive the late filing fee for good cause shown.477

       (H) On or before the fifteenth day of March of each year, the 478
joint committee shall, in the manner and form that it determines, 479
publish a report containing statistical information on the 480
registration statements filed with it under this section during 481
the preceding year.482

       Sec. 101.73.  (A) Each legislative agent and each employer 483
shall file in the office of the joint legislative ethics 484
committee, with the updated registration statement required by 485
division (B) of section 101.72 of the Revised Code, a statement of 486
expenditures as specified in divisions (B) and (C) of this 487
section. A legislative agent shall file a separate statement of 488
expenditures under this section for each employer engaging the 489
legislative agent.490

       (B)(1) In addition to the information required by divisions 491
(B)(2) and (3) of this section, a statement filed by a legislative 492
agent shall show the total amount of expenditures made by the 493
legislative agent during the reporting period covered by the 494
statement.495

       (2) If, during a reporting period covered by a statement, an 496
employer or any legislative agent the employer engaged made, 497
either separately or in combination with each other, either 498
directly or indirectly, expenditures to,that, when added to the 499
amount of previous expenditures made by that employer or 500
legislative agent during the same calendar year, exceed a total of 501
one hundred dollars at the request of, for the benefit of, or on 502
behalf of any particular member of the general assembly, any 503
particular member of the controlling board, the governor, the 504
director of a department created under section 121.02 of the 505
Revised Code, or any particular member of the staff of any of the506
public officers or employees listed in division (B)(2) of this 507
sectionofficial, then the employer or legislative agent shall 508
also state all of the following regarding those expenditures:509

       (a)(1) The name of the public officer or employeeofficial to 510
whom, at whose request, for whose benefit, or on whose behalf the 511
expenditures were made;512

       (b)(2) The total amount of the expenditures made;513

       (c)(3) A brief description of the expenditures made;514

       (d)(4) The approximate date the expenditures were made;515

       (e)(5) The specific items of legislation, if any, for which 516
the expenditures were made and the identity of the client on whose 517
behalf each expenditure was made.518

       As used in division (B)(2) of this section, "expenditures" 519
does not include expenditures made by a legislative agent as 520
payment for meals and other food and beverages.521

       (3) If, during a reporting period covered by a statement, a 522
legislative agent made expenditures as payment for meals and other 523
food and beverages, other than for meals and other food and 524
beverages provided to a member of the general assembly at a 525
meeting at which the member participated in a panel, seminar, or 526
speaking engagement or provided to a member of the general 527
assembly at a meeting or convention of a national organization to 528
which any state agency, including, but not limited to, any 529
legislative agency or state institution of higher education as 530
defined in section 3345.011 of the Revised Code, pays membership 531
dues, that, when added to the amount of previous payments made for 532
meals and other food and beverages by that legislative agent 533
during that same calendar year, exceeded a total of fifty dollars 534
to, at the request of, for the benefit of, or on behalf of any 535
particular member of the general assembly, any particular member 536
of the controlling board, the governor, the director of a 537
department created under section 121.02 of the Revised Code, or 538
any particular member of the staff of any of the public officers 539
or employees listed in division (B)(3) of this section, then the 540
legislative agent shall also state all of the following regarding 541
those expenditures:542

       (a) The name of the public officer or employee to whom, at 543
whose request, for whose benefit, or on whose behalf the 544
expenditures were made;545

       (b) The total amount of the expenditures made;546

       (c) A brief description of the expenditures made;547

       (d) The approximate date the expenditures were made;548

       (e) The specific items of legislation, if any, for which the 549
expenditures were made and the identity of the client on whose 550
behalf each expenditure was made.551

       (C) In addition to the information required by divisions552
division (B)(2) and (3) of this section, a statement filed by an 553
employer shall show the total amount of expenditures made by the 554
employer or legislative agent filing the statement during the 555
period covered by the statement. As used in this section, 556
"expenditures" does not include the expenses of maintaining office 557
facilities or the compensation paid to legislative agents engaged 558
by an employerA statement filed by a legislative agent shall show 559
all legislation regarding which the legislative agent has 560
advocated on behalf of the employer during the period covered by 561
the statement. A statement filed by an employer shall show all 562
legislation regarding which the employer has advocated during the 563
period covered by the statement.564

       No employer isshall be required to show any expenditure or 565
legislation on a statement filed under this division if the 566
expenditure or legislation is reported on a statement filed under 567
division (B) of this section by a legislative agent engaged by the 568
employer. No legislative agent shall be required to show any 569
expenditure on a statement filed under this division if the 570
expenditure is reported on a statement filed under division (B) of 571
this section by the legislative agent's employer.572

       (D) Any statement required to be filed under this section 573
shall be filed at the times specified in section 101.72 of the 574
Revised Code. Each statement shall cover expenditures made during 575
the four-calendar-month period that ended on the last day of the 576
month immediately preceding the month in which the statement is 577
required to be filed.578

       (E) No portion of the amount of an expenditure for meals or 579
beverages provided at a dinner, party, or other function sponsored 580
by an employer or legislative agent need be attributed to, or 581
counted toward the amount for, a reporting period specified in 582
division (B)(2) or (3) of this section if the sponsor has invited 583
to the function all the members of either of the following:584

       (1) The general assembly;585

       (2) Either house of the general assembly.586

       However, the amount spent for such function and its date and 587
purpose shall be reported separately on the statement required to 588
be filed under this section and the amount spent for the function 589
shall be added with other expenditures for the purpose of 590
determining the total amount of expenditures reported in the 591
statement under division (B)(1) or (C) of this section.592

       (F) No portion of the amount of an expenditure made as 593
payment for meals and other food and beverages provided at a 594
meeting at which the public official participated in a panel, 595
seminar, or speaking engagement or provided to a public official 596
at a meeting or convention of a national organization to which any 597
state agency, including, but not limited to, any legislative 598
agency or state institution of higher education as defined in 599
section 3345.011 of the Revised Code pays membership dues need be 600
attributed to, or counted toward the amount for, a reporting 601
period specified in division (B) of this section.602

       However, the total amount spent for such meals and beverages 603
shall be reported separately on the statement required to be filed 604
under this section and the amount spent for the function shall be 605
added with other expenditures for the purpose of determining the 606
total amount of expenditures reported in the statement under 607
division (C) of this section.608

       (G) If it is impractical or impossible for a legislative 609
agent or employer to determine exact dollar amounts or values of 610
expenditures, reporting of good faith estimates, based upon 611
reasonable accounting procedures, constitutes compliance with this 612
section.613

       (E)(H) All legislative agents and employers shall retain 614
receipts or maintain records for all expenditures that are 615
required to be reported pursuant to this section. These receipts 616
or records shall be maintained for a period ending on the 617
thirty-first day of December of the second calendar year after the 618
year in which the expenditure was made.619

       (F)(1)(I) An employer or legislative agent who is required to 620
file an expenditure statement under division (B) or (C) of this 621
section shall deliver a copynotice of the statement, or of the 622
portion showing the expenditure, to the public officer or employee623
official who is listed in the statement as having received the 624
expenditure or on whose behalf it was made, at least ten days 625
before the date on which the statement is filed.626

       (2) If, during a reporting period covered by an expenditure 627
statement filed under division (B)(2) of this section, an employer 628
or any legislative agent the employer engaged made, either 629
separately or in combination with each other, either directly or 630
indirectly, expenditures for transportation, lodging, or food and 631
beverages purchased for consumption on the premises in which the 632
food and beverages were sold to, at the request of, for the 633
benefit of, or on behalf of any of the public officers or 634
employees described in division (B)(2) of this section, the 635
employer or legislative agent shall deliver to the public officer 636
or employee a statement that contains all of the nondisputed 637
information prescribed in division (B)(2)(a) through (e) of this 638
section with respect to the expenditures described in division 639
(F)(2) of this section. The statement of expenditures made under 640
division (F)(2) of this section shall be delivered to the public 641
officer or employee to whom, at whose request, for whose benefit, 642
or on whose behalf those expenditures were made on the same day in 643
which a copy of the expenditure statement or of a portion showing 644
the expenditure is delivered to the public officer or employee 645
under division (F)(1) of this section. An employer is not required 646
to show any expenditure on a statement delivered under division 647
(F)(2) of this section if the expenditure is shown on a statement 648
delivered under division (F)(2) of this section by a legislative 649
agent engaged by the employer.650

       (J) As used in this section, "expenditure" does not include 651
the expenses of maintaining office facilities or the compensation 652
paid to a legislative agent engaged by an employer.653

       Sec. 101.74.  (A) Any legislative agent who has had any 654
financial transaction with or for the benefit of any member of the 655
general assembly, any member of the controlling board, the 656
governor, the director of a department created under section 657
121.02 of the Revised Code, or any member of the staff of any658
public officer or employee listed in this divisionofficial shall 659
describe the details of the transaction, including the name of the 660
public officer or employeeofficial, the purpose and nature of 661
the transaction, and the date it was made or entered into, in a 662
statement filed with the joint legislative ethics committee with 663
the updated registration statement required by division (B) of 664
section 101.72 of the Revised Code. The statement shall be filed 665
at the times specified in section 101.72 of the Revised Code. Each 666
statement shall describe each financial transaction that occurred 667
during the four-calendar-month period that ended on the last day 668
of the month immediately preceding the month in which the 669
statement is required to be filed.670

       (B) Except as provided in division (D) of this section, any 671
employer who has had any financial transaction with or for the 672
benefit of any member of the general assembly, any member of the 673
controlling board, the governor, the director of a department 674
created under section 121.02 of the Revised Code, or any member of 675
the staff of any public officer or employee listed in this 676
divisionofficial shall describe the details of the transaction, 677
including the name of the public officer or employeeofficial, the 678
purpose and nature of the transaction, and the date it was made or 679
entered into, in a statement filed with the joint committee with 680
the updated registration statement required by division (B) of 681
section 101.72 of the Revised Code. The statement shall be filed 682
at the times specified in section 101.72 of the Revised Code. Each 683
statement shall describe each financial transaction that occurred 684
during the four-calendar-month period that ended on the last day 685
of the month immediately preceding the month in which the 686
statement is required to be filed.687

       (C) An employer or legislative agent who is required to file 688
a statement describing a financial transaction under this section 689
shall deliver a copynotice of the statementtransaction to the 690
public officer or employeeofficial with whom or for whose benefit 691
the transaction was made at least ten days before the date on 692
which the statement is filed.693

       (D) No employer shall be required to file any statement under 694
this section or to deliver a copynotice of the statementa 695
transaction to a public officer or employeeofficial with whom or 696
for whose benefit the transaction was made if the financial 697
transaction to which the statement pertains is reported by a 698
legislative agent engaged by the employer.699

       Sec. 101.75.  If a dispute arises between any member of the 700
general assembly, any member of the controlling board, or a member 701
of the staff of the general assembly or controlling board and an 702
employer or legislative agent with respect to an expenditure or 703
financial transaction alleged in any statement to be filed under 704
section 101.73 or 101.74 of the Revised Code, the member, 705
employer, or legislative agent may file a complaint with the joint 706
legislative ethics committee. The committee shall proceed to 707
investigate the complaint as provided for other complaints in 708
section 101.34 of the Revised Code.709

       The complaint shall be filed at least three days prior to the 710
time the statement is required to be filed with the joint 711
legislative ethics committee. The time for filing a disputed 712
expenditure or financial transaction in any statement of 713
expenditures or the details of a financial transaction that 714
contains a disputed expenditure or financial transaction shall be 715
extended pending the final decision of the joint committee. This 716
extension does not extend the time for filing the nondisputed 717
portions of an expenditure statement or of the details of a 718
financial transaction. The joint committee shall notify the 719
parties of its final decision by certified mail. If the committee 720
decides that the disputed expenditure or financial transaction 721
should be reported, the employer or legislative agent shall 722
include the matter in an amendedthe statement and. The employer 723
or legislative agent shall file the amended statement not later 724
than ten days after the employer or agent receives notice of the 725
decision of the committee by certified mail.726

       An employer or legislative agent who files a false statement 727
of expenditures or details of a financial transaction is liable in 728
a civil action to any public officer or employee who sustains 729
damage as a result of the filing or publication of the statement.730

       Sec. 101.78.  (A) The joint legislative ethics committee 731
shall keep on file the statements required by sections 101.72, 732
101.73, and 101.74 of the Revised Code. Those statements are 733
public records and open to public inspection, and the joint 734
committee shall computerizepublish them so that the information 735
contained inand make them is readily accessibleavailable to the 736
general public on its official web site. The joint committee shall 737
provide copies of the statements to the general public upon 738
request and may charge a reasonable fee not to exceed the cost of 739
copying and delivering each statement.740

       (B) The joint committee shall prescribe and make available an 741
appropriate form for filing the information required by sections 742
101.72, 101.73, and 101.74 of the Revised Code. The form shall 743
contain the following notice in boldface type: "ANY PERSON WHO 744
KNOWINGLY FILES A FALSE STATEMENT IS GUILTY OF FALSIFICATION UNDER 745
SECTION 2921.13 OF THE REVISED CODE, WHICH IS A MISDEMEANOR OF THE 746
FIRST DEGREE."747

       (C) The joint committee shall publish a handbook that 748
explains in clear and concise language sections 101.70 to 101.79 749
and 101.99 of the Revised Code and make it available free of 750
charge to members of the general assembly, legislative agents, 751
employers, and any other interested persons.752

       (D) Not later than the last day of February and October of 753
each year, the joint committee shall compile from registration 754
statements filed with it a complete and updated list of registered 755
legislative agents and their employers and distribute the list to 756
each member of the general assembly, each member of the 757
controlling board who is not a member of the general assembly, and 758
the governor. The joint committee shall provide copies of the list 759
to the general public upon request and may charge a reasonable fee 760
not to exceed the cost of copying and delivering the list.761

       (E) The joint committee may adopt rules as necessary to 762
implement sections 101.70 to 101.79 of the Revised Code, and any 763
such rules it adopts shall be adopted in accordance with section 764
111.15 of the Revised Code.765

       Sec. 101.90.  As used in sections 101.90 to 101.99 of the 766
Revised Code:767

       (A) "Person" and "compensation" have the same meanings as in 768
section 101.70 of the Revised Code.769

       (B) "Expenditure" means any of the following that is made to, 770
at the request of, for the benefit of, or on behalf of a state 771
retirement system, a member of the board of a state retirement 772
system, a state retirement system investment official, or an 773
employee of a state retirement system whose position involves 774
substantial and material exercise of discretion in the investment 775
of retirement system funds:776

       (1) A payment, distribution, loan, advance, deposit, 777
reimbursement, or gift of money, real estate, or anything of 778
value, including, but not limited to food and beverages and 779
entertainment;780

       (2) A contract, promise, or agreement to make an expenditure, 781
whether or not legally enforceable;782

       (3) The purchase, sale, or gift of services or any other 783
thing of value. "Expenditure" does not include a contribution, 784
gift, or grant to a foundation or other charitable organization 785
that is exempt from federal income taxation under subsection 786
501(c)(3) of the Internal Revenue Code. "Expenditure" does not 787
include the purchase, sale, or gift of services or any other thing 788
of value that is available to the general public on the same terms 789
as it is available to the persons listed in this division, or an 790
offer or sale of securities to any person listed in this division 791
that is governed by regulation D, 17 C.F.R. 2301.501230.501 to 792
2301.508230.508, adopted under the authority of the "Securities 793
Act of 1933," 48 Stat. 74, 15 U.S.C.A. and following, or that is 794
governed by a comparable provision under state law.795

       (C) "Employer" means any person who, directly or indirectly, 796
engages a retirement system lobbyist.797

       (D) "Engage" means to make any arrangement, and "engagement" 798
means arrangement, whereby an individual is employed or retained 799
for compensation to act for or on behalf of an employer to 800
influence retirement system decisions or to conduct any retirement 801
system lobbying activity.802

       (E) "Financial transaction" means a transaction or activity 803
that is conducted or undertaken for profit and arises from the 804
joint ownership or the ownership or part ownership in common of 805
any real or personal property or any commercial or business 806
enterprise of whatever form or nature between the following:807

       (1) A retirement system lobbyist, the retirement system 808
lobbyist's employer, or a member of the immediate family of the 809
retirement system lobbyist or the retirement system lobbyist's 810
employer; and811

       (2) A state retirement system, a member of a board of a state 812
retirement system, a state retirement system investment official, 813
or an employee of a state retirement system whose position 814
involves substantial and material exercise of discretion in the 815
investment of retirement system funds.816

       "Financial transaction" does not include any transaction or 817
activity described in division (E) of this section if it is 818
available to the general public on the same terms, or if it is an 819
offer or sale of securities to any person listed in division 820
(E)(2) of this section that is governed by regulation D, 17 C.F.R. 821
2301.501230.501 to 2301.508230.508, adopted under the authority 822
of the "Securities Act of 1933," 48 Stat. 74, 15 U.S.C.A. and 823
following, or that is governed by a comparable provision under 824
state law.825

       (F) "Retirement system" means the public employees retirement 826
system, Ohio police and fire pension fund, state teachers 827
retirement system, school employees retirement system, and state 828
highway patrol retirement system.829

       (G) "Retirement system decision" means a decision of a 830
retirement system regarding the investment of retirement system 831
funds. "Retirement system decision" includes the decision by a 832
board of a retirement system to award a contract to an agent or an 833
investment manager.834

       (H) "Retirement system lobbyist" means any person engaged to 835
influencewhose direct communication with retirement system 836
officials or employees for the purpose of influencing retirement 837
system decisions or to conductconducting retirement system 838
lobbying activity as one of the person's main purposes on a 839
regular and substantial basisconstitutes at least twenty-five per 840
cent of the total performance time for which the person is 841
compensated by a specific employer. "Retirement system lobbyist" 842
does not include an elected or appointed officer or employee of a 843
federal or state agency, or political subdivision who attempts to 844
influence or affect executive agency decisions in a fiduciary 845
capacity as a representative of the officer's or employee's agency 846
or political subdivision.847

       (I) "Retirement system lobbying activity" means contacts made 848
to promote, oppose, reward, or otherwise influence the outcome of 849
a retirement system decision by direct communication with a member 850
of a board of a state retirement system, a state retirement system 851
investment official, or an employee of a state retirement system 852
whose position involves substantial and material exercise of 853
discretion in the investment of retirement system funds. "Lobbying 854
activity" does not include any of the following:855

       (1) The action of any person having a direct interest in 856
retirement system decisions who, under Section 3 of Article I, 857
Ohio Constitution, assembles together with other persons to 858
consult for their common good, instructs a person listed in the 859
first paragraph of division (I) of this section, or petitions such 860
a person for the redress of grievances;861

       (2) Contacts made for the sole purpose of gathering 862
information contained in a public record;863

       (3) Appearances before a retirement system to give testimony.864

       (J) "Retirement system official" means an officer or employee 865
of a retirement system whose principal duties are to formulate 866
policy or to participate directly or indirectly in the 867
preparation, review, or award of financial arrangements with a 868
retirement system.869

       (K) "Aggrieved party" means a party entitled to resort to a 870
remedy.871

       (L) "Staff" means an employee of a retirement system whose 872
position involves substantial and material exercise of discretion 873
in the investment of retirement system funds and who is required 874
under section 102.02 of the Revised Code to file a disclosure 875
statement with the Ohio ethics commission.876

       Sec. 101.92.  (A) Each retirement system lobbyist and each 877
employer shall file with the joint legislative ethics committee, 878
within ten days following the engagement of a retirement system 879
lobbyist, an initial registration statement showing all of the 880
following:881

       (1) The name, business address, and occupation of the 882
retirement system lobbyist;883

       (2) The name and business address of the employer or of the 884
real party in interest on whose behalf the retirement system 885
lobbyist is acting, if it is different from the employer. For the 886
purposes of division (A) of this section, where a trade 887
association or other charitable or fraternal organization that is 888
exempt from federal income taxation under subsection 501(c) of the 889
federal Internal Revenue Code is the employer, the statement need 890
not list the names and addresses of every member of the 891
association or organization, so long as the association or 892
organization itself is listed.893

       (3) A brief description of the retirement system decision to 894
which the engagement relates;895

       (4) The name of the retirement system or systems to which the 896
engagement relates.897

       (B) In addition to the initial registration statement 898
required by division (A) of this section, each retirement system 899
lobbyist and employer shall file with the joint committee, not 900
later than the last day of January, May, and September of each 901
year, an updated registration statement that confirms the 902
continuing existence of each engagement described in an initial 903
registration statement and that lists the specific retirement 904
system decisions that the lobbyist sought to influence under the 905
engagement during the period covered by the updated statement, and 906
with it any statement of expenditures required to be filed by 907
section 101.93 of the Revised Code and any details of financial 908
transactions required to be filed by section 101.94 of the Revised 909
Code.910

       (C) If a retirement system lobbyist is engaged by more than 911
one employer, the lobbyist shall file a separate initial and 912
updated registration statement for each engagement. If an employer 913
engages more than one retirement system lobbyist, the employer 914
need file only one updated registration statement under division 915
(B) of this section, which shall contain the information required 916
by division (B) of this section regarding all of the retirement 917
system lobbyists engaged by the employer.918

       (D)(1) A change in any information required by division 919
(A)(1), (2), or (B) of this section shall be reflected in the next 920
updated registration statement filed under division (B) of this 921
section.922

       (2) Within thirty days following the termination of an 923
engagement, the retirement system lobbyist who was employed under 924
the engagement shall send written notification of the termination 925
to the joint committee.926

       (E) A registration fee of twenty-fivethirty-five dollars 927
shall be charged for filing an initial registration statement. All 928
money collected from registration fees under this division and 929
late filing fees under division (G) of this section shall be 930
deposited into the state treasury to the credit of the joint 931
legislative ethics committee fund created under section 101.34 of 932
the Revised Code.933

       (F) Upon registration pursuant to this section, a retirement 934
system lobbyist shall be issued a card by the joint committee 935
showing that the lobbyist is registered. The registration card and 936
the retirement system lobbyist's registration shall be valid from 937
the date of their issuance until the next thirty-first day of 938
JanuaryDecember of thean even-numbered year following the year 939
in which the initial registration was filed.940

       (G) The executive director of the joint committee shall be 941
responsible for reviewing each registration statement filed with 942
the joint committee under this section and for determining whether 943
the statement contains all of the required information. If the 944
joint committee determines that the registration statement does 945
not contain all of the required information or that a retirement 946
system lobbyist or employer has failed to file a registration 947
statement, the joint committee shall send written notification by 948
certified mail to the person who filed the registration statement 949
regarding the deficiency in the statement or to the person who 950
failed to file the registration statement regarding the failure. 951
Any person so notified by the joint committee shall, not later 952
than fifteen days after receiving the notice, file a registration 953
statement or an amended registration statement that contains all 954
of the required information. If any person who receives a notice 955
under this division fails to file a registration statement or such 956
an amended registration statement within this fifteen-day period, 957
the joint committee shall assess a late filing fee equal to twelve 958
dollars and fifty cents per day, up to a maximum fee of one 959
hundred dollars, upon that person. The joint committee may waive 960
the late filing fee for good cause shown.961

       (H) On or before the fifteenth day of March of each year, the 962
joint committee shall, in the manner and form that it determines, 963
publish a report containing statistical information on the 964
registration statements filed with it under this section during 965
the preceding year.966

       (I) If an employer who engages a retirement system lobbyist 967
is the recipient of a contract, grant, lease, or other financial 968
arrangement pursuant to which funds of the state or of a 969
retirement system are distributed or allocated, the executive 970
agency or any aggrieved party may consider the failure of the 971
employer or the retirement system lobbyist to comply with this 972
section as a breach of a material condition of the contract, 973
grant, lease, or other financial arrangement.974

       (J) Retirement system officials may require certification 975
from any person seeking the award of a contract, grant, lease, or 976
financial arrangement that the person and the person's employer 977
are in compliance with this section.978

       Sec. 101.93.  (A) Each retirement system lobbyist and each 979
employer shall file with the joint legislative ethics committee, 980
with the updated registration statement required by division (B) 981
of section 121.62 of the Revised Code, a statement of expenditures 982
as specified in divisions (B) and (C) of this section. A 983
retirement system lobbyist shall file a separate statement of 984
expenditures under this section for each employer that engages the 985
retirement system lobbyist.986

       (B)(1) In addition to the information required by divisions 987
(B)(2) and (3) of this section, a statement filed by a retirement 988
system lobbyist shall show the total amount of expenditures made 989
during the reporting period covered by the statement by the 990
retirement system lobbyist.991

       (2) If, during a reporting period covered by a statement, an 992
employer or any retirement system lobbyist the employer engaged 993
made, either separately or in combination with each other,994
expenditures to,that, when added to the amount of previous 995
expenditures made by that employer or retirement system lobbyist 996
during the same calendar year, exceed a total of one hundred 997
dollars at the request of, for the benefit of, or on behalf of a 998
member of a board of a state retirement system, a state retirement 999
system investment official, or an employee of a state retirement 1000
system whose position involves substantial and material exercise 1001
of discretion in the investment of retirement system funds the 1002
employer or retirement system lobbyist also shall state the name 1003
of the member, official, or employee to whom, at whose request, 1004
for whose benefit, or on whose behalf the expenditures were made, 1005
the total amount of the expenditures made, a brief description of 1006
the expenditures made, the approximate date the expenditures were 1007
made, the retirement system decision, if any, sought to be 1008
influenced, and the identity of the client on whose behalf the 1009
expenditure was made.1010

       As used in division (B)(2) of this section, "expenditures" 1011
does not include expenditures made by a retirement system lobbyist 1012
as payment for meals and other food and beverages.1013

       (3) If, during a reporting period covered by a statement, a 1014
retirement system lobbyist made expenditures as payment for meals 1015
and other food and beverages, that, when added to the amount of 1016
previous payments made for meals and other food and beverages by 1017
that retirement system lobbyist during that same calendar year, 1018
exceeded a total of fifty dollars to, at the request of, for the 1019
benefit of, or on behalf of a member of a board of a state 1020
retirement system, a state retirement system investment official, 1021
or an employee of a state retirement system whose position 1022
involves substantial and material exercise of discretion in the 1023
investment of retirement system funds, the retirement system 1024
lobbyist shall also state regarding those expenditures the name of 1025
the member, official, or employee to whom, at whose request, for 1026
whose benefit, or on whose behalf the expenditures were made, the 1027
total amount of the expenditures made, a brief description of the 1028
expenditures made, the approximate date the expenditures were 1029
made, the retirement system decision, if any, sought to be 1030
influenced, and the identity of the client on whose behalf the 1031
expenditure was made.1032

       (C) In addition to the information required by divisions1033
division (B)(2) and (3) of this section, a statement filed by an 1034
employer shall show the total amount of expenditures made by the 1035
employer or retirement system lobbyist filing the statement during 1036
the period covered by the statement. As used in this section, 1037
"expenditures" does not include the expenses of maintaining office 1038
facilities, or the compensation paid to retirement system 1039
lobbyists engaged to influence retirement system decisions or 1040
conduct retirement system lobbying activityA statement filed by a 1041
retirement system lobbyist shall show all retirement system 1042
decisions the retirement system lobbyist has been engaged to 1043
influence on behalf of the employer during the period covered by 1044
the statement. A statement filed by an employer shall show all 1045
retirement system decisions the employer has engaged the 1046
retirement system lobbyist to influence during the period covered 1047
by the statement.1048

       No employer shall be required to show any expenditure or 1049
retirement system decision on a statement filed under this 1050
division if the expenditure or retirement system decision is 1051
reported on a statement filed under division (B)(1), (2), or (3)1052
of this section by a retirement system lobbyist engaged by the 1053
employer. No retirement system lobbyist shall be required to show 1054
any expenditure on a statement filed under this division if the 1055
expenditure is reported on a statement filed under division (B) of 1056
this section by the retirement system lobbyist's employer.1057

       (D) Any statement required to be filed under this section 1058
shall be filed at the times specified in section 121.62 of the 1059
Revised Code. Each statement shall cover expenditures made during 1060
the four-calendar-month period that ended on the last day of the 1061
month immediately preceding the month in which the statement is 1062
required to be filed.1063

       (E) If it is impractical or impossible for a retirement 1064
system lobbyist or employer to determine exact dollar amounts or 1065
values of expenditures, reporting of good faith estimates, based 1066
on reasonable accounting procedures, constitutes compliance with 1067
this division.1068

       (F) Retirement system lobbyists and employers shall retain 1069
receipts or maintain records for all expenditures that are 1070
required to be reported pursuant to this section. These receipts 1071
or records shall be maintained for a period ending on the 1072
thirty-first day of December of the second calendar year after the 1073
year in which the expenditure was made.1074

       (G)(1) At least ten days before the date on which the 1075
statement is filed, each employer or retirement system lobbyist 1076
who is required to file an expenditure statement under division 1077
(B)(2) or (3) of this section shall deliver a copynotice of the1078
statement, or the portion showing the expenditure, to the member, 1079
official, or employee who is listed in the statement as having 1080
received the expenditure or on whose behalf it was made.1081

       (2) If, during a reporting period covered by an expenditure 1082
statement filed under division (B)(2) of this section, an employer 1083
or any retirement system lobbyist the employer engaged made, 1084
either separately or in combination with each other, either 1085
directly or indirectly, expenditures for food and beverages 1086
purchased for consumption on the premises in which the food and 1087
beverages were sold to, at the request of, for the benefit or, or 1088
on behalf of any of the members, officials, or employees described 1089
in division (B)(2) of this section, the employer or retirement 1090
system lobbyist shall deliver to the member, official, or employee 1091
a statement that contains all of the nondisputed information 1092
prescribed in division (B)(2) of this section with respect to the 1093
expenditures described in division (G)(2) of this section. The 1094
statement of expenditures made under division (G)(2) of this 1095
section shall be delivered to the member, official, or employee to 1096
whom, at whose request, for whose benefit, or on whose behalf 1097
those expenditures were made on the same day in which a copy of 1098
the expenditure statement or of a portion showing the expenditure 1099
is delivered to the member, official, or employee under division 1100
(G)(1) of this section. An employer is not required to show any 1101
expenditure on a statement delivered under division (G)(2) of this 1102
section if the expenditure is shown on a statement delivered under 1103
division (G)(2) of this section by a retirement system lobbyist 1104
engaged by the employer.1105

       (H) As used in this section, "expenditure" does not include 1106
the expenses of maintaining office facilities or the compensation 1107
paid to retirement system lobbyists engaged to influence 1108
retirement system decisions or to conduct retirement system 1109
lobbying activity.1110

       Sec. 101.94.  (A) Each retirement system lobbyist who has had 1111
any financial transaction with or for the benefit of a member of a 1112
board of a state retirement system, a state retirement system 1113
investment official, or an employee of a state retirement system 1114
whose position involves substantial and material exercise of 1115
discretion in the investment of retirement system funds shall 1116
describe the details of the transaction, including the name of the 1117
member, official, or employee, the purpose and nature of the 1118
transaction, and the date it was made or entered into, in a 1119
statement filed with the joint legislative ethics committee with 1120
the updated registration statement required by division (B) of 1121
section 101.92 of the Revised Code. The statements shall be filed 1122
at the times specified in section 101.92 of the Revised Code. Each 1123
statement shall describe each financial transaction that occurred 1124
during the four-calendar-month period that ended on the last day 1125
of the month immediately preceding the month in which the 1126
statement is required to be filed.1127

       (B) Except as provided in division (D) of this section, each 1128
employer who has had any financial transaction with or for the 1129
benefit of a member of a board of a state retirement system, a 1130
state retirement system investment official, or an employee of a 1131
state retirement system whose position involves substantial and 1132
material exercise of discretion in the investment of retirement 1133
system funds shall describe the details of the transaction, 1134
including the name of the member, official, or employee, the 1135
purpose and nature of the transaction, and the date it was made or 1136
entered into, in a statement filed with the joint committee with 1137
the updated registration statement required by division (B) of 1138
section 101.92 of the Revised Code. The statement shall be filed 1139
at the times specified in section 101.92 of the Revised Code. Each 1140
statement shall describe each financial transaction that occurred 1141
during the four-calendar-month period that ended on the last day 1142
of the month immediately preceding the month in which the 1143
statement is required to be filed.1144

       (C) At least ten days before the date on which the statement 1145
is filed, each employer or retirement system lobbyist who is 1146
required to file a statement describing a financial transaction 1147
under this section shall deliver a copynotice of the statement1148
transaction to the member, official, or employee with whom or for 1149
whose benefit the transaction was made.1150

       (D) No employer shall be required to file any statement under 1151
this section or to deliver a copynotice of the statement1152
transaction to a member, official, or employee with whom or for 1153
whose benefit the transaction was made if the financial 1154
transaction to which the statementnotice pertains is reported by 1155
a retirement system lobbyist engaged by the employer.1156

       Sec. 101.95.  If a dispute arises between a member of a board 1157
of a state retirement system, a state retirement system investment 1158
official, or an employee of a state retirement system whose 1159
position involves substantial and material exercise of discretion 1160
in the investment of retirement system funds and an employer or 1161
retirement system lobbyist with respect to an expenditure or 1162
financial transaction alleged in a statement to be filed under 1163
section 101.93 or 101.94 of the Revised Code, the member, 1164
official, or employee, employer, or retirement system lobbyist may 1165
file a complaint with the Ohio ethics commission. The commission 1166
shall proceed to investigate the complaint as though it were filed 1167
under section 102.06 of the Revised Code.1168

       The complaint shall be filed at least three days prior to the 1169
time the statement is required to be filed with the joint 1170
legislative ethics committee. The time for filing a disputed 1171
expenditure or financial transaction in any statement of 1172
expenditures or the details of a financial transaction that 1173
contains a disputed expenditure or financial transaction shall be 1174
extended pending the final decision of the commission. This 1175
extension does not extend the time for filing the nondisputed 1176
portions of either type of statement. The commission shall notify 1177
the parties of its final decision by certified mail. If the 1178
commission decides that the disputed expenditure or financial 1179
transaction should be reported, the employer or retirement system 1180
lobbyist shall include the matter in an amendedthe statement and. 1181
The employer or retirement system lobbyist shall file the amended1182
statement not later than ten days after receiving notice of the 1183
decision of the commission by certified mail.1184

       An employer or retirement system lobbyist who files a false 1185
statement of expenditures or details of a financial transaction is 1186
liable in a civil action to any member, official, or employee who 1187
sustains damage as a result of the filing or publication of the 1188
statement.1189

       Sec. 101.98.  (A) The joint legislative ethics committee 1190
shall keep on file the statements required by sections 101.92, 1191
101.93, and 101.94 of the Revised Code. These statements are 1192
public records and open to public inspection, and the joint 1193
committee shall computerizepublish them so that the information 1194
contained inand make them is readily accessibleavailable to the 1195
general public on its official web site. The joint committee shall 1196
provide copies of the statements to the general public on request 1197
and may charge a reasonable fee not to exceed the cost of copying 1198
and delivering the statement.1199

       (B) Not later than the last day of February and October of 1200
each year, the joint committee shall compile from the registration 1201
statements filed with it a complete and updated list of registered 1202
retirement system lobbyists and their employers, and distribute 1203
the list to each member of the general assembly, elected executive 1204
official, and the director of each retirement system, who shall 1205
distribute the list to the appropriate personnel under the 1206
director's jurisdiction. The joint committee shall provide copies 1207
of the list to the general public on request and may charge a 1208
reasonable fee not to exceed the cost of copying and delivering 1209
the list.1210

       (C) The joint committee shall prescribe and make available an 1211
appropriate form for the filings required by sections 101.92, 1212
101.93, and 101.94 of the Revised Code. The form shall contain the 1213
following notice in boldface type: "ANY PERSON WHO KNOWINGLY FILES 1214
A FALSE STATEMENT IS GUILTY OF FALSIFICATION UNDER SECTION 2921.13 1215
OF THE REVISED CODE, WHICH IS A MISDEMEANOR OF THE FIRST DEGREE."1216

       (D) The joint committee may adopt rules as necessary to 1217
implement sections 101.90 to 101.98 of the Revised Code. The rules 1218
shall be adopted in accordance with section 111.15 of the Revised 1219
Code.1220

       (E) The joint committee shall publish a handbook that 1221
explains in clear and concise language the provisions of sections 1222
101.90 to 101.98 of the Revised Code and make it available free of 1223
charge to retirement system lobbyists, employers, and any other 1224
interested persons.1225

       Sec. 102.01.  As used in this chapter:1226

       (A) "Compensation" means money, thing of value, or financial 1227
benefit. "Compensation" does not include reimbursement for actual 1228
and necessary expenses incurred in the performance of official 1229
duties.1230

       (B) "Public official or employee" means any person who is 1231
elected or appointed to an office or is an employee of any public 1232
agency. "Public official or employee" does not include a person 1233
elected or appointed to the office of precinct, ward, or district 1234
committee member under section 3517.03 of the Revised Code, any 1235
presidential elector, or any delegate to a national convention. 1236
"Public official or employee" does not include a person who is a 1237
teacher, instructor, professor, or other kind of educator whose 1238
position does not involve the performance of, or authority to 1239
perform, administrative or supervisory functions.1240

       (C) "Public agency" means the general assembly, all courts, 1241
any department, division, institution, board, commission, 1242
authority, bureau or other instrumentality of the state, a county, 1243
city, village, or township, the five state retirement systems, or 1244
any other governmental entity. "Public agency" does not include a 1245
department, division, institution, board, commission, authority, 1246
or other instrumentality of the state or a county, municipal 1247
corporation, township, or other governmental entity that functions 1248
exclusively for cultural, educational, historical, humanitarian, 1249
advisory, or research purposes; that does not expend more than ten 1250
thousand dollars per calendar year, excluding salaries and wages 1251
of employees; and whose members are uncompensated. "Public agency" 1252
does not include the nonprofit corporation formed under section 1253
187.01 of the Revised Code.1254

       (D) "Immediate family" means a spouse residing in the 1255
person's household and any dependent child.1256

       (E) "Income" includes gross income as defined and used in the 1257
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as 1258
amended, interest and dividends on obligations or securities of 1259
any state or of any political subdivision or authority of any 1260
state or political subdivision, and interest or dividends on 1261
obligations of any authority, commission, or instrumentality of 1262
the United States.1263

       (F) Except as otherwise provided in division (A) of section 1264
102.08 of the Revised Code, "appropriate ethics commission" means:1265

       (1) For matters relating to members of the general assembly, 1266
employees of the general assembly, employees of the legislative 1267
service commission, candidates for the office of member of the 1268
general assembly, and public members appointed to the Ohio 1269
constitutional modernization commission under section 103.63 of 1270
the Revised Code, the joint legislative ethics committee;1271

       (2) For matters relating to judicial officers and employees, 1272
and candidates for judicial office, the board of commissioners on 1273
grievances and discipline of the supreme court;1274

       (3) For matters relating to all other persons, the Ohio 1275
ethics commission.1276

       (G) "Anything of value" has the same meaning as provided in 1277
section 1.03 of the Revised Code and includes, but is not limited 1278
to, a contribution as defined in section 3517.01 of the Revised 1279
Code.1280

       (H) "Honorarium" means any payment made in consideration for 1281
any speech given, article published, or attendance at any public 1282
or private conference, convention, meeting, social event, meal, or 1283
similar gathering. "Honorarium" does not include ceremonial gifts 1284
or awards that have insignificant monetary value; unsolicited 1285
gifts of nominal value or trivial items of informational value; or 1286
earned income from any person, other than a legislative agent, for 1287
personal services that are customarily provided in connection with 1288
the practice of a bona fide business, if that business initially 1289
began before the public official or employee conducting that 1290
business was elected or appointed to the public official's or 1291
employee's office or position of employment.1292

       (I) "Employer" means any person who, directly or indirectly, 1293
engages an executive agency lobbyist or legislative agent.1294

       (J) "Executive agency decision," "executive agency lobbyist," 1295
and "executive agency lobbying activity" have the same meanings as 1296
in section 121.60 of the Revised Code.1297

       (K) "Legislation," "legislative agent," "financial 1298
transaction," and "actively advocate" have the same meanings as in 1299
section 101.70 of the Revised Code.1300

       (L) "Expenditure" has the same meaning as in section 101.70 1301
of the Revised Code when used in relation to activities of a 1302
legislative agent, and the same meaning as in section 121.60 of 1303
the Revised Code when used in relation to activities of an 1304
executive agency lobbyist.1305

       Sec. 102.02.  (A) Except as otherwise provided in division 1306
(H) of this section, all of the following shall file with the 1307
appropriate ethics commission the disclosure statement described 1308
in this division on a form prescribed by the appropriate 1309
commission: every person who is elected to or is a candidate for a 1310
state, county, or city office and every person who is appointed to 1311
fill a vacancy for an unexpired term in such an elective office; 1312
all members of the state board of education; the director, 1313
assistant directors, deputy directors, division chiefs, or persons 1314
of equivalent rank of any administrative department of the state; 1315
the president or other chief administrative officer of every state 1316
institution of higher education as defined in section 3345.011 of 1317
the Revised Code; the executive director and the members of the 1318
capitol square review and advisory board appointed or employed 1319
pursuant to section 105.41 of the Revised Code; all members of the 1320
Ohio casino control commission, the executive director of the 1321
commission, all professional employees of the commission, and all 1322
technical employees of the commission who perform an internal 1323
audit function; the individuals set forth in division (B)(2) of 1324
section 187.03 of the Revised Code; the chief executive officer 1325
and the members of the board of each state retirement system; each 1326
employee of a state retirement board who is a state retirement 1327
system investment officer licensed pursuant to section 1707.163 of 1328
the Revised Code; the members of the Ohio retirement study council 1329
appointed pursuant to division (C) of section 171.01 of the 1330
Revised Code; employees of the Ohio retirement study council, 1331
other than employees who perform purely administrative or clerical 1332
functions; the administrator of workers' compensation and each 1333
member of the bureau of workers' compensation board of directors; 1334
the bureau of workers' compensation director of investments; the 1335
chief investment officer of the bureau of workers' compensation; 1336
all members of the board of commissioners on grievances and 1337
discipline of the supreme court and the ethics commission created 1338
under section 102.05 of the Revised Code; every business manager, 1339
treasurer, or superintendent of a city, local, exempted village, 1340
joint vocational, or cooperative education school district or an 1341
educational service center; every person who is elected to or is a 1342
candidate for the office of member of a board of education of a 1343
city, local, exempted village, joint vocational, or cooperative 1344
education school district or of a governing board of an 1345
educational service center that has a total student count of 1346
twelve thousand or more as most recently determined by the 1347
department of education pursuant to section 3317.03 of the Revised 1348
Code; every person who is appointed to the board of education of a 1349
municipal school district pursuant to division (B) or (F) of 1350
section 3311.71 of the Revised Code; all members of the board of 1351
directors of a sanitary district that is established under Chapter 1352
6115. of the Revised Code and organized wholly for the purpose of 1353
providing a water supply for domestic, municipal, and public use, 1354
and that includes two municipal corporations in two counties; 1355
every public official or employee who is paid a salary or wage in 1356
accordance with schedule C of section 124.15 or schedule E-2 of 1357
section 124.152 of the Revised Code; members of the board of 1358
trustees and the executive director of the southern Ohio 1359
agricultural and community development foundation; all members 1360
appointed to the Ohio livestock care standards board under section 1361
904.02 of the Revised Code; and every other public official or 1362
employee who is designated by the appropriate ethics commission 1363
pursuant to division (B) of this section.1364

       The disclosure statement shall include all of the following:1365

       (1)(a) The name of the person filing the statement, the 1366
person's spouse, and each memberdependent child of the person's 1367
immediate familyperson who is eighteen years of age or older and 1368
allwho resides in the person's household;1369

       (b) All names under which the person, spouse, or members of 1370
the person's immediate familydependent child who is eighteen 1371
years of age or older and who resides in the person's household do 1372
business;1373

       (2)(a) Subject to divisions (A)(2)(b) and, (c), and (d) of 1374
this section and except as otherwise provided in section 102.022 1375
of the Revised Code, identification of every source of income, 1376
other than income from a legislative agent identified in division 1377
(A)(2)(b) of this section or income derived by and received in the 1378
name of the spouse of the person filing the statement that is not 1379
clearly designated for the use and benefit of the person filing 1380
the statement, received during the preceding calendar year, in the 1381
person's own name or by any other person for the person's use or 1382
benefit, by the person filing the statement, and a brief 1383
description of the nature of the services for which the income was 1384
received. If the person filing the statement is a member of the 1385
general assembly, the statement shall identify the amount of every 1386
source of income received in accordance with the following ranges 1387
of amounts: zero or more, but less than one thousand dollars; one 1388
thousand dollars or more, but less than ten thousand dollars; ten 1389
thousand dollars or more, but less than twenty-five thousand 1390
dollars; twenty-five thousand dollars or more, but less than fifty 1391
thousand dollars; fifty thousand dollars or more, but less than 1392
one hundred thousand dollars; and one hundred thousand dollars or 1393
more. Division (A)(2)(a) of this section shall not be construed to 1394
require a person filing the statement who derives income from a 1395
business or profession to disclose the individual items of income 1396
that constitute the gross income of that business or profession, 1397
except for those individual items of income that are attributable 1398
to the person's or, if the income is shared with the person, the 1399
partner's, solicitation of services or goods or performance, 1400
arrangement, or facilitation of services or provision of goods on 1401
behalf of the business or profession of clients, including 1402
corporate clients, who are legislative agents. A person who files 1403
the statement under this section shall disclose the identity of 1404
and the amount of income received from a person who the public 1405
official or employee knows or has reason to know is doing or 1406
seeking to do business of any kind with the public official's or 1407
employee's agency.1408

       (b) If the person filing the statement is a member of the 1409
general assembly, the statement shall identify every source of 1410
income and the amount of that income that was received from a 1411
legislative agent during the preceding calendar year, in the 1412
person's own name or by any other person for the person's use or 1413
benefit, by the person filing the statement, and a brief 1414
description of the nature of the services for which the income was 1415
received. Division (A)(2)(b) of this section requires the 1416
disclosure of clients of attorneys or persons licensed under 1417
section 4732.12 of the Revised Code, or patients of persons 1418
certified under section 4731.14 of the Revised Code, if those 1419
clients or patients are legislative agents. Division (A)(2)(b) of 1420
this section requires a person filing the statement who derives 1421
income from a business or profession to disclose those individual 1422
items of income that constitute the gross income of that business 1423
or profession that are received from legislative agents.1424

       (c) Except as otherwise provided in division (A)(2)(c) of 1425
this section, division (A)(2)(a) of this section applies to 1426
attorneys, physicians, and other persons who engage in the 1427
practice of a profession and who, pursuant to a section of the 1428
Revised Code, the common law of this state, a code of ethics 1429
applicable to the profession, or otherwise, generally are required 1430
not to reveal, disclose, or use confidences of clients, patients, 1431
or other recipients of professional services except under 1432
specified circumstances or generally are required to maintain 1433
those types of confidences as privileged communications except 1434
under specified circumstances. Division (A)(2)(a) of this section 1435
does not require an attorney, physician, or other professional 1436
subject to a confidentiality requirement as described in division 1437
(A)(2)(c) of this section to disclose the name, other identity, or 1438
address of a client, patient, or other recipient of professional 1439
services if the disclosure would threaten the client, patient, or 1440
other recipient of professional services, would reveal details of 1441
the subject matter for which legal, medical, or professional 1442
advice or other services were sought, or would reveal an otherwise 1443
privileged communication involving the client, patient, or other 1444
recipient of professional services. Division (A)(2)(a) of this 1445
section does not require an attorney, physician, or other 1446
professional subject to a confidentiality requirement as described 1447
in division (A)(2)(c) of this section to disclose in the brief 1448
description of the nature of services required by division 1449
(A)(2)(a) of this section any information pertaining to specific 1450
professional services rendered for a client, patient, or other 1451
recipient of professional services that would reveal details of 1452
the subject matter for which legal, medical, or professional 1453
advice was sought or would reveal an otherwise privileged 1454
communication involving the client, patient, or other recipient of 1455
professional services.1456

       (d) If the person filing the statement received rental income 1457
from residential property owned by the person, the statement shall 1458
identify only the address of each property that is a source of 1459
rental income.1460

       (3) The name of every corporation on file with the secretary 1461
of state that is incorporated in this state or holds a certificate 1462
of compliance authorizing it to do business in this state, trust, 1463
business trust, partnership, or association that transacts 1464
business in this state in which the person filing the statement or 1465
any other person for the person's use and benefit had during the 1466
preceding calendar year an investment of over one thousand dollars 1467
at fair market value as of the thirty-first day of December of the 1468
preceding calendar year, or the date of disposition, whichever is 1469
earlier, or in which the person holds any office or has a 1470
fiduciary relationship, and a description of the nature of the 1471
investment, office, or relationship. Division (A)(3) of this 1472
section does not require disclosure of the name of any bank, 1473
savings and loan association, credit union, or building and loan 1474
association with which the person filing the statement has a 1475
deposit or a withdrawable share account.1476

       (4) All fee simple and leasehold interests to which the 1477
person filing the statement holds legal title to or a beneficial 1478
interest in real property located within the state, excluding the 1479
person's residence and property used primarily for personal 1480
recreation;1481

       (5) The names of all persons residing or transacting business 1482
in the state to whom the person filing the statement owesowed 1483
during the preceding calendar year, in the person's own name or in 1484
the name of any other person, more than onefive thousand 1485
dollars, if the debt was not paid in full within sixty days after 1486
the debt was incurred. Division (A)(5) of this section shall not 1487
be construed to require the disclosure of debts owed by the person 1488
resulting from the ordinary conduct of a business or profession or 1489
debts on the person's residence or real property used primarily 1490
for personal recreation, except that the superintendent of 1491
financial institutions shall disclose the names of all 1492
state-chartered savings and loan associations and of all service 1493
corporations subject to regulation under division (E)(2) of 1494
section 1151.34 of the Revised Code to whom the superintendent in 1495
the superintendent's own name or in the name of any other person 1496
owes any money, and that the superintendent and any deputy 1497
superintendent of banks shall disclose the names of all 1498
state-chartered banks and all bank subsidiary corporations subject 1499
to regulation under section 1109.44 of the Revised Code to whom 1500
the superintendent or deputy superintendent owes any money.1501

       (6) The names of all persons residing or transacting business 1502
in the state, other than a depository excluded under division 1503
(A)(3) of this section, who oweowed during the preceding calendar 1504
year more than onefive thousand dollars to the person filing the 1505
statement, either in the person's own name or to any person for 1506
the person's use or benefit, if the debt was not paid in full 1507
within sixty days after the debt was incurred. Division (A)(6) of 1508
this section shall not be construed to require the disclosure of 1509
clients of attorneys or persons licensed under section 4732.12 or 1510
4732.15 of the Revised Code, or patients of persons certified 1511
under section 4731.14 of the Revised Code, nor the disclosure of 1512
debts owed to the person resulting from the ordinary conduct of a 1513
business or profession.1514

       (7) Except as otherwise provided in section 102.022 of the 1515
Revised Code, the source of each gift of over seventy-five 1516
dollars, or of each gift of over twenty-five dollars received by a 1517
member of the general assembly from a legislative agent, received 1518
by the person in the person's own name or by any other person for 1519
the person's use or benefit during the preceding calendar year, 1520
except gifts received by will or by virtue of section 2105.06 of 1521
the Revised Code, or received from spouses, parents, grandparents, 1522
children, grandchildren, siblings, nephews, nieces, uncles, aunts, 1523
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, 1524
fathers-in-law, mothers-in-law, or any person to whom the person 1525
filing the statement stands in loco parentis, or received by way 1526
of distribution from any inter vivos or testamentary trust 1527
established by a spouse or by an ancestor;1528

       (8) Except as otherwise provided in section 102.022 of the 1529
Revised Code, identification of the source and amount of every 1530
payment of expenses incurred for travel to destinations inside or 1531
outside this state that is received by the person in the person's 1532
own name or by any other person for the person's use or benefit 1533
and that is incurred in connection with the person's official 1534
duties, except for such expenses paid for or reimbursed by the 1535
United States government or a state or local government located in 1536
the United States and except for expenses for travel to meetings 1537
or conventions of a national or state organization to which any 1538
state agency, including, but not limited to, any legislative 1539
agency or state institution of higher education as defined in 1540
section 3345.011 of the Revised Code, pays membership dues, or any 1541
political subdivision or any office or agency of a political 1542
subdivision pays membership dues;1543

       (9)(8)(a) Except as otherwise provided in division (A)(8)(d) 1544
of this section and section 102.022 of the Revised Code, 1545
identification of the source of payment of expenses for meals and 1546
other food and beverages, other than for meals and other food and 1547
beverages provided at a meeting at which the person participated 1548
in a panel, seminar, or speaking engagement or at a meeting or 1549
convention of a national or state organization to which any state 1550
agency, including, but not limited to, any legislative agency or 1551
state institution of higher education as defined in section 1552
3345.011 of the Revised Code, pays membership dues, or any 1553
political subdivision or any office or agency of a political 1554
subdivision pays membership dues,any expenditures that are 1555
incurredreceived in connection with the person's official duties 1556
and that exceed one hundred dollars aggregated per calendar year;1557

       (10) If the disclosure statement is filed by a public 1558
official or employee described in division (B)(2) of section 1559
101.73 of the Revised Code or division (B)(2) of section 121.63 of 1560
the Revised Code who receives a statement from a legislative 1561
agent, executive agency lobbyist, or employer that contains the 1562
information described in division (F)(2) of section 101.73 of the 1563
Revised Code or division (G)(2) of section 121.63 of the Revised 1564
Code, all of the nondisputed information contained in the 1565
statement delivered to that public official or employee by the 1566
legislative agent, executive agency lobbyist, or employer under 1567
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of 1568
the Revised Code.1569

       (b) As used in this section, "expenditure" means any of the 1570
following that is made to, at the request of, for the benefit of, 1571
or on behalf of the person filing the statement:1572

       (i) A payment, distribution, loan, advance, deposit, 1573
reimbursement, or gift of money, real estate, or anything of 1574
value, including, but not limited to, food and beverages, 1575
entertainment, lodging, transportation, or honorariums;1576

       (ii) A contract, promise, or agreement to make an 1577
expenditure, whether or not legally enforceable; or1578

       (iii) The purchase, sale, or gift of services or any other 1579
thing of value.1580

       (c) As used in this section, "expenditure" does not include 1581
any of the following:1582

       (i) Meals and other food and beverages provided at a meeting 1583
at which the person filing the statement participated in a panel, 1584
seminar, or speaking engagement or at a meeting or convention of a 1585
national or state organization to which any state agency, 1586
including, but not limited to, any legislative agency or state 1587
institution of higher education as defined in section 3345.011 of 1588
the Revised Code, pays membership dues, or any political 1589
subdivision or any office or agency of a political subdivision 1590
pays membership dues;1591

       (ii) Gifts received by will or by virtue of section 2105.06 1592
of the Revised Code, or received from spouses, parents, 1593
grandparents, children, grandchildren, siblings, nephews, nieces, 1594
uncles, aunts, brothers-in-law, sisters-in-law, sons-in-law, 1595
daughters-in-law, fathers-in-law, mothers-in-law, or any person to 1596
whom the person filing the statement stands in loco parentis, or 1597
received by way of distribution from any inter vivos or 1598
testamentary trust established by a spouse or by an ancestor;1599

       (iii) A contribution, gift, or grant to a foundation or other 1600
charitable organization that is exempt from federal income 1601
taxation under subsection 501(c)(3) of the Internal Revenue Code; 1602

       (iv) The purchase, sale, or gift of services or any other 1603
thing of value that is available to the general public on the same 1604
terms as it is available to the person filing the statement; or1605

       (v) An offer or sale of securities to the person filing the 1606
statement that is governed by regulation D, 17 C.F.R. 230.501 to 1607
230.508, adopted under the authority of the "Securities Act of 1608
1933," 48 Stat. 74, 15 U.S.C. 77a and following, or that is 1609
governed by a comparable provision under state law.1610

       (d) The joint legislative ethics committee and the Ohio 1611
ethics commission may, by rule, create exceptions to the reporting 1612
requirement described in division (A)(8)(a) of this section. A 1613
person filing a statement with the joint legislative ethics 1614
committee or the Ohio ethics commission shall not be required to 1615
report the source of an expenditure under that division if the 1616
expenditure falls under an exception created by the body with 1617
which the statement is filed.1618

       A person may file a statement required by this section in 1619
person or by mail. A person who is a candidate for elective office 1620
shall file the statement no later than the thirtieth day before 1621
the primary, special, or general election at which the candidacy 1622
is to be voted on, whichever election occurs soonest, except that 1623
a person who is a write-in candidate shall file the statement no 1624
later than the twentieth day before the earliest election at which 1625
the person's candidacy is to be voted on. A person who holds 1626
elective office shall file the statement on or before the 1627
fifteenth day of April of each year unless the person is a 1628
candidate for office. A person who is appointed to fill a vacancy 1629
for an unexpired term in an elective office shall file the 1630
statement within fifteen days after the person qualifies for 1631
office. Other persons shall file an annual statement on or before 1632
the fifteenth day of April or, if appointed or employed after that 1633
date, within ninety days after appointment or employment. No 1634
person shall be required to file with the appropriate ethics 1635
commission more than one statement or pay more than one filing fee 1636
for any one calendar year.1637

       The appropriate ethics commission, for good cause, may extend 1638
for a reasonable time the deadline for filing a statement under 1639
this section.1640

       A statement filed under this section is subject to public 1641
inspection at locations designated by the appropriate ethics 1642
commission except as otherwise provided in this section.1643

       (B) The Ohio ethics commission, the joint legislative ethics 1644
committee, and the board of commissioners on grievances and 1645
discipline of the supreme court, using the rule-making procedures 1646
of Chapter 119. of the Revised Code, may require any class of 1647
public officials or employees under its jurisdiction and not 1648
specifically excluded by this section whose positions involve a 1649
substantial and material exercise of administrative discretion in 1650
the formulation of public policy, expenditure of public funds, 1651
enforcement of laws and rules of the state or a county or city, or 1652
the execution of other public trusts, to file an annual statement 1653
on or before the fifteenth day of April under division (A) of this 1654
section. The appropriate ethics commission shall send the public 1655
officials or employees written notice of the requirement by the 1656
fifteenth day of February of each year the filing is required 1657
unless the public official or employee is appointed after that 1658
date, in which case the notice shall be sent within thirty days 1659
after appointment, and the filing shall be made not later than 1660
ninety days after appointment.1661

       Except for disclosure statements filed by members of the 1662
board of trustees and the executive director of the southern Ohio 1663
agricultural and community development foundation, disclosure 1664
statements filed under this division or division (E) of this 1665
section with the Ohio ethics commission by members of boards, 1666
commissions, or bureaus of the state for which no compensation is 1667
received other than reasonable and necessary expenses shall be 1668
kept confidential. Disclosure statements filed with the Ohio 1669
ethics commission under division (A) or (E) of this section by 1670
business managers, treasurers, and superintendents of city, local, 1671
exempted village, joint vocational, or cooperative education 1672
school districts or educational service centers shall be kept 1673
confidential, except that any person conducting an audit of any 1674
such school district or educational service center pursuant to 1675
section 115.56 or Chapter 117. of the Revised Code may examine the 1676
disclosure statement of any business manager, treasurer, or 1677
superintendent of that school district or educational service 1678
center. Disclosure statements filed with the Ohio ethics 1679
commission under division (A) or (E) of this section by the 1680
individuals set forth in division (B)(2) of section 187.03 of the 1681
Revised Code shall be kept confidential. The Ohio ethics 1682
commission shall examine each disclosure statement required to be 1683
kept confidential to determine whether a potential conflict of 1684
interest exists for the person who filed the disclosure statement. 1685
A potential conflict of interest exists if the private interests 1686
of the person, as indicated by the person's disclosure statement, 1687
might interfere with the public interests the person is required 1688
to serve in the exercise of the person's authority and duties in 1689
the person's office or position of employment. If the commission 1690
determines that a potential conflict of interest exists, it shall 1691
notify the person who filed the disclosure statement and shall 1692
make the portions of the disclosure statement that indicate a 1693
potential conflict of interest subject to public inspection in the 1694
same manner as is provided for other disclosure statements. Any 1695
portion of the disclosure statement that the commission determines 1696
does not indicate a potential conflict of interest shall be kept 1697
confidential by the commission and shall not be made subject to 1698
public inspection, except as is necessary for the enforcement of 1699
Chapters 102. and 2921. of the Revised Code and except as 1700
otherwise provided in this division.1701

       (C) No person shall knowingly fail to file, on or before the 1702
applicable filing deadline established under this section, a 1703
statement that is required by this section.1704

       (D) No person shall knowingly file a false statement that is 1705
required to be filed under this section.1706

       (E)(1) A person may file an amended disclosure statement 1707
under this section not more than one hundred eighty days after the 1708
original statement was required to be filed. Upon receiving an 1709
amended statement filed under this division, the appropriate 1710
ethics commission shall acknowledge receipt of the amended 1711
statement and, except as provided in division (E)(3) of this 1712
section, shall accept and retain it in the same manner as the 1713
original statement.1714

       (2) A person may file an amended disclosure statement under 1715
this section more than one hundred eighty days after the original 1716
statement was required to be filed only in order to correct an 1717
error made in good faith. Upon receiving an amended statement 1718
filed under this division, the appropriate ethics commission shall 1719
acknowledge receipt of the amended statement. The appropriate 1720
ethics commission may accept and retain an amended statement filed 1721
under this division in the same manner as the original statement, 1722
unless the commission determines that the person filing the 1723
amended statement:1724

       (a) Did not make an error in good faith;1725

       (b) Knowingly failed to provide the information required by 1726
this section or by section 102.022 of the Revised Code; or1727

       (c) Knowingly filed a false statement under this section.1728

       (3) A person who files an amended disclosure statement under 1729
division (E)(1) or (2) of this section shall file with the amended 1730
statement a written explanation of the information the person has 1731
amended and the reason for the amendment.1732

       (4) The appropriate ethics commission may reject an amended 1733
statement filed under division (E)(1) or (2) of this section if 1734
any of the additional information submitted in the statement is 1735
material to a complaint, charge, or inquiry.1736

       (F)(1) Except as provided in divisions (E)(F)(2) and (3) of 1737
this section, the statement required by division (A) or (B) of 1738
this section shall be accompanied by a filing fee of sixty 1739
dollars.1740

       (2) The statement required by division (A) of this section 1741
shall be accompanied by the following filing fee to be paid by the 1742
person who is elected or appointed to, or is a candidate for, any 1743
of the following offices:1744

For state office, except member of the 1745
state board of education $95 1746
For office of member of general assembly $40 1747
For county office $60 1748
For city office $35 1749
For office of member of the state board 1750
of education $35 1751
1752
1753
For office of member of a city, local, 1754
exempted village, or cooperative 1755
education board of 1756
education or educational service 1757
center governing board $30 1758
For position of business manager, 1759
treasurer, or superintendent of a 1760
city, local, exempted village, joint 1761
vocational, or cooperative education 1762
school district or 1763
educational service center $30 1764

       (3) No judge of a court of record or candidate for judge of a 1765
court of record, and no referee or magistrate serving a court of 1766
record, shall be required to pay the fee required under division 1767
(E)(F)(1) or (2) or (F)(G) of this section.1768

       (4) For any public official who is appointed to a nonelective 1769
office of the state and for any employee who holds a nonelective 1770
position in a public agency of the state, the state agency that is 1771
the primary employer of the state official or employee shall pay 1772
the fee required under division (E)(F)(1) or (F)(G) of this 1773
section.1774

       (F)(G) If a statement required to be filed under this section 1775
is not filed by the date on which it is required to be filed, the 1776
appropriate ethics commission shall assess the person required to 1777
file the statement a late filing fee of ten dollars for each day 1778
the statement is not filed, except that the total amount of the 1779
late filing fee shall not exceed two hundred fifty dollars.1780

       (G)(H)(1) The appropriate ethics commission other than the 1781
Ohio ethics commission and the joint legislative ethics committee 1782
shall deposit all fees it receives under divisions (E)(F) and 1783
(F)(G) of this section into the general revenue fund of the state.1784

       (2) The Ohio ethics commission shall deposit all receipts, 1785
including, but not limited to, fees it receives under divisions 1786
(E)(F) and (F)(G) of this section, investigative or other fees, 1787
costs, or other funds it receives as a result of court orders, and 1788
all moneys it receives from settlements under division (G)(H) of 1789
section 102.06 of the Revised Code, into the Ohio ethics 1790
commission fund, which is hereby created in the state treasury. 1791
All moneys credited to the fund shall be used solely for expenses 1792
related to the operation and statutory functions of the 1793
commission.1794

       (3) The joint legislative ethics committee shall deposit all 1795
receipts it receives from the payment of financial disclosure 1796
statement filing fees under divisions (E)(F) and (F)(G) of this 1797
section into the joint legislative ethics committee investigative 1798
fund.1799

       (H)(I) Division (A) of this section does not apply to a 1800
person elected or appointed to the office of precinct, ward, or 1801
district committee member under Chapter 3517. of the Revised Code; 1802
a presidential elector; a delegate to a national convention; 1803
village or township officials and employees; any physician or 1804
psychiatrist who is paid a salary or wage in accordance with 1805
schedule C of section 124.15 or schedule E-2 of section 124.152 of 1806
the Revised Code and whose primary duties do not require the 1807
exercise of administrative discretion; or any member of a board, 1808
commission, or bureau of any county or city who receives less than 1809
one thousand dollars per year for serving in that position.1810

       Sec. 102.021.  (A)(1) For the twenty-four monthtwelve-month1811
period immediately following the end of the former state elected 1812
officer's or staff member's service or public employment, except 1813
as provided in division (B) or (D) of this section, each former 1814
state elected officer or staff member who filed or was required to 1815
file a disclosure statement under section 102.02 of the Revised 1816
Code shall file, on or before the deadlines specified in division 1817
(D) of this section, with the joint legislative ethics committee a 1818
statement that shall include the information described in 1819
divisions (A)(2), (3), (4), and (5) of this section, as 1820
applicable. The statement shall be filed on a form and in the 1821
manner specified by the joint legislative ethics committee. This 1822
division does not apply to a state elected officer or staff member 1823
who filed or was required to file a disclosure statement under 1824
section 102.02 of the Revised Code, who leaves service or public 1825
employment, and who takes another position as a state elected 1826
officer or staff member who files or is required to file a 1827
disclosure statement under that section.1828

       No person shall fail to file, on or before the deadlines 1829
specified in division (D) of this section, a statement that is 1830
required by this division.1831

       (2) The statement referred to in division (A)(1) of this 1832
section shall describe the source of all income received, in the 1833
former state elected officer's or staff member's own name or by 1834
any other person for the person's use or benefit, and briefly 1835
describe the nature of the services for which the income was 1836
received if the source of the income was any of the following:1837

       (a) An executive agency lobbyist or a legislative agent;1838

       (b) The employer of an executive agency lobbyist or 1839
legislative agent, except that this division does not apply if the 1840
employer is any state agency or political subdivision of the 1841
state;1842

       (c) Any entity, association, or business that, at any time 1843
during the two immediately preceding calendar years, was awarded 1844
one or more contracts by one or more state agencies that in the 1845
aggregate had a value of one hundred thousand dollars or more, or 1846
bid on one or more contracts to be awarded by one or more state 1847
agencies that in the aggregate had a value of one hundred thousand 1848
dollars or more.1849

       (3) If the former state elected officer or staff member 1850
received no income as described in division (A)(2) of this 1851
section, the statement referred to in division (A)(1) of this 1852
section shall indicate that fact.1853

       (4) If the former state elected officer or staff member 1854
directly or indirectly made, either separately or in combination 1855
with another, any expenditure or gift for transportation, lodging, 1856
or food or beverages to, at the request of, for the benefit of, or 1857
on behalf of any public officer or employee, and if the former 1858
state elected officer or staff member would be required to report 1859
the expenditure or gift in a statement under sections 101.70 to 1860
101.79 or sections 121.60 to 121.69 of the Revised Code, whichever 1861
is applicable, if the former state elected officer or staff member 1862
was a legislative agent or executive agency lobbyist at the time 1863
the expenditure or gift was made, the statement referred to in 1864
division (A)(1) of this section shall include all information 1865
relative to that gift or expenditure that would be required in a 1866
statement under sections 101.70 to 101.79 or sections 121.60 to 1867
121.69 of the Revised Code if the former state elected officer or 1868
staff member was a legislative agent or executive agency lobbyist 1869
at the time the expenditure or gift was made.1870

       (5) If the former state elected officer or staff member made 1871
no expenditure or gift as described in division (A)(4) of this 1872
section, the statement referred to in division (A)(1) of this 1873
section shall indicate that fact.1874

       (B) If, at any time during the twenty-four monthtwelve-month1875
period immediately following the end of the former state elected 1876
officer's or staff member's service or public employment, a former 1877
state elected officer or staff member who filed or was required to 1878
file a disclosure statement under section 102.02 of the Revised 1879
Code becomes a legislative agent or an executive agency lobbyist, 1880
the former state elected officer or staff member shall comply with 1881
all registration and filing requirements set forth in sections 1882
101.70 to 101.79 or sections 121.60 to 121.69 of the Revised Code, 1883
whichever is applicable, and, the former state elected officer or 1884
staff member also shall file a statement under division (A)(1) of 1885
this section except that the statement filed under division (A)(1) 1886
of this section does not need to include information regarding any 1887
income source, expenditure, or gift to the extent that that 1888
information was included in any registration or statement filed 1889
under sections 101.70 to 101.79 or sections 121.60 to 121.69 of 1890
the Revised Code.1891

       (C) Except as otherwise provided in this division, division 1892
(A)(2) of this section applies to attorneys, physicians, and other 1893
persons who engage in the practice of a profession and who, 1894
pursuant to a section of the Revised Code, the common law of this 1895
state, a code of ethics applicable to the profession, or 1896
otherwise, generally are required not to reveal, disclose, or use 1897
confidences of clients, patients, or other recipients of 1898
professional services except under specified circumstances or 1899
generally are required to maintain those types of confidences as 1900
privileged communications except under specified circumstances. 1901
Division (A)(2) of this section does not require an attorney, 1902
physician, or other professional subject to a confidentiality 1903
requirement as described in this division to disclose the name, 1904
other identity, or address of a client, patient, or other 1905
recipient of professional services if the disclosure would 1906
threaten the client, patient, or other recipient of professional 1907
services, would reveal details of the subject matter for which 1908
legal, medical, or professional advice or other services were 1909
sought, or would reveal an otherwise privileged communication 1910
involving the client, patient, or other recipient of professional 1911
services. Division (A)(2) of this section does not require an 1912
attorney, physician, or other professional subject to a 1913
confidentiality requirement as described in this division to 1914
disclose in the brief description of the nature of services 1915
required by division (A)(2) of this section any information 1916
pertaining to specific professional services rendered for a 1917
client, patient, or other recipient of professional services that 1918
would reveal details of the subject matter for which legal, 1919
medical, or professional advice was sought or would reveal an 1920
otherwise privileged communication involving the client, patient, 1921
or other recipient of professional services.1922

       (D)(1) Each state elected officer or staff member who filed 1923
or was required to file a disclosure statement under section 1924
102.02 of the Revised Code and who leaves public service or public 1925
employment shall file an initial statement under division (A)(1) 1926
of this section not later than the day on which the former state 1927
elected officer or staff member leaves public service or public 1928
employment. The initial statement shall specify whether the person 1929
will, or will not, receive any income from a source described in 1930
division (A)(2)(a), (b), or (c) of this section.1931

       If a person files an initial statement under this division 1932
that states that the person will receive income from a source 1933
described in division (A)(2)(a), (b), or (c) of this section, the 1934
person is required to file statements under division (A)(2), (3), 1935
(4), or (5) of this section at the times specified in division 1936
(D)(2) of this section.1937

       If a person files an initial statement under this division 1938
that states that the person will not receive income from a source 1939
described in division (A)(2)(a), (b), or (c) of this section, 1940
except as otherwise provided in this division, the person is not 1941
required to file statements under division (A)(2), (4), or (5) of 1942
this section or to file subsequent statements under division 1943
(A)(3) of this section. If a person files an initial statement 1944
under this division that states that the person will not receive 1945
income from a source described in division (A)(2)(a), (b), or (c) 1946
of this section, and, subsequent to the filing of that initial 1947
statement, the person receives any income from a source described 1948
in division (A)(2)(a), (b), or (c) of this section, the person 1949
within ten days shall file a statement under division (A)(2) of 1950
this section that contains the information described in that 1951
division, and the person thereafter shall file statements under 1952
division (A)(2), (3), (4), or (5) of this section at the times 1953
specified in division (D)(2) of this section.1954

       (2) After the filing of the initial statement under division 1955
(D)(1) of this section, each person required to file a statement 1956
under division (A)(2), (3), (4), or (5) of this section shall file 1957
it on or before the last calendar day of January, May, and 1958
September. The statements described in divisions (A)(2), (3), and 1959
(5) of this section shall relate to the sources of income the 1960
person received in the immediately preceding filing period from 1961
each source of income in each of the categories listed in division 1962
(A)(2) of this section. The statement described in division (A)(4) 1963
of this section shall include any information required to be 1964
reported regarding expenditures and gifts of the type described in 1965
division (A)(4) of this section occurring since the filing of the 1966
immediately preceding statement.1967

       If, pursuant to this division, a person files a statement 1968
under division (A)(2) of this section, the person is required to 1969
file statements under division (A)(4) of this section, and 1970
subsequent statements under division (A)(2), (3), or (5) of this 1971
section, at the times specified in this division. In addition, if, 1972
subsequent to the filing of the statement under division (A)(2) of 1973
this section, the person receives any income from a source 1974
described in division (A)(2)(a), (b), or (c) of this section that 1975
was not listed on the statement filed under division (A)(2) of 1976
this section, the person within ten days shall file a statement 1977
under division (A)(2) of this section that contains the 1978
information described in that division regarding the new income 1979
source.1980

       If, pursuant to this division, a person files a statement 1981
under division (A)(3) of this section, except as otherwise 1982
provided in this division, the person thereafter is not required 1983
to file statements under division (A)(2), (4), or (5) of this 1984
section, or to file subsequent statements under division (A)(3) of 1985
this section. If, subsequent to the filing of the statement under 1986
division (A)(3) of this section, the person receives any income 1987
from a source described in division (A)(2)(a), (b), or (c) of this 1988
section, the person within ten days shall file a statement under 1989
division (A)(2) of this section that contains the information 1990
described in that division regarding the new income source, and 1991
the person thereafter shall file statements under division (A)(4) 1992
of this section, and subsequent statements under division (A)(2) 1993
or (3) of this section, at the times specified in this division.1994

       (3) No fee shall be required for filing an initiala1995
statement under division (D)(1) of this section. The person filing 1996
a statement under division (D)(2) of this section that is required 1997
to be filed on or before the last calendar day of January, May, 1998
and September shall pay a ten dollar filing fee with each such 1999
statement not to exceed thirty dollars in any calendar year. The2000
However, the joint legislative ethics committee may charge late 2001
fees in the same manner as specified in division (G) of section 2002
101.72 of the Revised Code.2003

       (E) Any state elected officer or staff member who filed or 2004
was required to file a disclosure statement under section 102.02 2005
of the Revised Code and who leaves public service or public 2006
employment shall provide a forwarding address to the officer's or 2007
staff member's last employer, and the employer shall provide the 2008
person's name and address to the joint legislative ethics 2009
committee. The former elected state officer or staff member shall 2010
provide updated forwarding addresses as necessary to the joint 2011
legislative ethics committee during the twenty-four month2012
twelve-month period during which division (A)(1) of this section 2013
applies. The public agency or appointing authority that was the 2014
last employer of a person required to file a statement under 2015
division (A)(2) of this section shall furnish to the person a copy 2016
of the form needed to complete the initial statement required 2017
under division (D)(1) of this section.2018

       (F) During the twenty-four monthtwelve-month period 2019
immediately following the end of the former state elected 2020
officer's or staff member's service or public employment, no 2021
person required to file a statement under this section shall 2022
receive from a source described in division (A)(2)(a), (b), or (c) 2023
of this section, and no source described in division (A)(2)(a), 2024
(b), or (c) of this section shall pay to that person, any 2025
compensation that is contingent in any way upon the introduction, 2026
modification, passage, or defeat of any legislation or the outcome 2027
of any executive agency decision.2028

       (G)(1) As used in this section, "state elected officer or 2029
staff member" means any elected officer of this state, any staff, 2030
as defined in section 101.70 of the Revised Code, or any staff, as 2031
defined in section 121.60 of the Revised Code.2032

       (2) As used in this section, "expenditure" has the meaning 2033
defined in section 101.70 of the Revised Code when used in 2034
relation to activities of a legislative agent, and the meaning 2035
defined in section 121.60 of the Revised Code when used in 2036
relation to activities of an executive agency lobbyist.2037

       Sec. 102.03.  (A)(1) No present or former public official or 2038
employee shall, during public employment or service or for twelve 2039
months thereafter, represent a client or act in a representative 2040
capacity for any person on any matter in which the public official 2041
or employee personally participated as a public official or 2042
employee through decision, approval, disapproval, recommendation, 2043
the rendering of advice, investigation, or other substantial 2044
exercise of administrative discretion.2045

       (2) For twenty-four months after the conclusion of service, 2046
no former commissioner or attorney examiner of the public 2047
utilities commission shall represent a public utility, as defined 2048
in section 4905.02 of the Revised Code, or act in a representative 2049
capacity on behalf of such a utility before any state board, 2050
commission, or agency.2051

       (3) For twenty-four months after the conclusion of employment 2052
or service, no former public official or employee who personally 2053
participated as a public official or employee through decision, 2054
approval, disapproval, recommendation, the rendering of advice, 2055
the development or adoption of solid waste management plans, 2056
investigation, inspection, or other substantial exercise of 2057
administrative discretion under Chapter 343. or 3734. of the 2058
Revised Code shall represent a person who is the owner or operator 2059
of a facility, as defined in section 3734.01 of the Revised Code, 2060
or who is an applicant for a permit or license for a facility 2061
under that chapter, on any matter in which the public official or 2062
employee personally participated as a public official or employee.2063

       (4) For a period of one year after the conclusion of 2064
employment or service as a member or employee of the general 2065
assembly, no former member or employee of the general assembly 2066
shall represent, or act in a representative capacity for, any 2067
person on any matter before the general assembly, any committee of 2068
the general assembly, or the controlling board. Division (A)(4) of 2069
this section does not apply to or affect a person who separates 2070
from service with the general assembly on or before December 31, 2071
1995. As used in division (A)(4) of this section "person" does not 2072
include any state agency or political subdivision of the state.2073

       (5) As used in divisions (A)(1), (2), and (3) of this 2074
section, "matter" includes any case, proceeding, application, 2075
determination, issue, or question, but does not include the 2076
proposal, consideration, or enactment of statutes, rules, 2077
ordinances, resolutions, or charter or constitutional amendments. 2078
As used in division (A)(4) of this section, "matter" includes the 2079
proposal, consideration, or enactment of statutes, resolutions, or 2080
constitutional amendments. As used in division (A) of this 2081
section, "represent" includes any formal or informal appearance 2082
before, or any written or oral communication with, any public 2083
agency on behalf of any person.2084

       (6)(5) Nothing contained in division (A) of this section 2085
shall prohibit, during such period, a former public official or 2086
employee from being retained or employed to represent, assist, or 2087
act in a representative capacity for the public agency by which 2088
the public official or employee was employed or on which the 2089
public official or employee served.2090

       (7)(6) Division (A) of this section shall not be construed to 2091
prohibit the performance of ministerial functions, including, but 2092
not limited to, the filing or amendment of tax returns, 2093
applications for permits and licenses, incorporation papers, and 2094
other similar documents.2095

       (8)(7) Division (A) of this section does not prohibit a 2096
nonelected public official or employee of a state agency, as 2097
defined in section 1.60 of the Revised Code, from becoming a 2098
public official or employee of another state agency. Division (A) 2099
of this section does not prohibit such an official or employee 2100
from representing or acting in a representative capacity for the 2101
official's or employee's new state agency on any matter in which 2102
the public official or employee personally participated as a 2103
public official or employee at the official's or employee's former 2104
state agency. However, no public official or employee of a state 2105
agency shall, during public employment or for twelve months 2106
thereafter, represent or act in a representative capacity for the 2107
official's or employee's new state agency on any audit or 2108
investigation pertaining to the official's or employee's new state 2109
agency in which the public official or employee personally 2110
participated at the official's or employee's former state agency 2111
through decision, approval, disapproval, recommendation, the 2112
rendering of advice, investigation, or other substantial exercise 2113
of administrative discretion.2114

       (9)(8) Division (A) of this section does not prohibit a 2115
nonelected public official or employee of a political subdivision 2116
from becoming a public official or employee of a different 2117
department, division, agency, office, or unit of the same 2118
political subdivision. Division (A) of this section does not 2119
prohibit such an official or employee from representing or acting 2120
in a representative capacity for the official's or employee's new 2121
department, division, agency, office, or unit on any matter in 2122
which the public official or employee personally participated as a 2123
public official or employee at the official's or employee's former 2124
department, division, agency, office, or unit of the same 2125
political subdivision. As used in this division, "political 2126
subdivision" means a county, township, municipal corporation, or 2127
any other body corporate and politic that is responsible for 2128
government activities in a geographic area smaller than that of 2129
the state.2130

       (10)(9) No present or former Ohio casino control commission 2131
official shall, during public service or for two years thereafter, 2132
represent a client, be employed or compensated by a person 2133
regulated by the commission, or act in a representative capacity 2134
for any person on any matter before or concerning the commission.2135

       No present or former commission employee shall, during public 2136
employment or for two years thereafter, represent a client or act 2137
in a representative capacity on any matter in which the employee 2138
personally participated as a commission employee through decision, 2139
approval, disapproval, recommendation, the rendering of advice, 2140
investigation, or other substantial exercise of administrative 2141
discretion.2142

       (B) No present or former public official or employee shall 2143
disclose or use, without appropriate authorization, any 2144
information acquired by the public official or employee in the 2145
course of the public official's or employee's official duties that 2146
is confidential because of statutory provisions, or that has been 2147
clearly designated to the public official or employee as 2148
confidential when that confidential designation is warranted 2149
because of the status of the proceedings or the circumstances 2150
under which the information was received and preserving its 2151
confidentiality is necessary to the proper conduct of government 2152
business.2153

       (C) No public official or employee shall participate within 2154
the scope of duties as a public official or employee, except 2155
through ministerial functions as defined in division (A) of this 2156
section, in any license or rate-making proceeding that directly 2157
affects the license or rates of any person, partnership, trust, 2158
business trust, corporation, or association in which the public 2159
official or employee or immediate family owns or controls more 2160
than five per cent. No public official or employee shall 2161
participate within the scope of duties as a public official or 2162
employee, except through ministerial functions as defined in 2163
division (A) of this section, in any license or rate-making 2164
proceeding that directly affects the license or rates of any 2165
person to whom the public official or employee or immediate 2166
family, or a partnership, trust, business trust, corporation, or 2167
association of which the public official or employee or the public 2168
official's or employee's immediate family owns or controls more 2169
than five per cent, has sold goods or services totaling more than 2170
one thousand dollars during the preceding year, unless the public 2171
official or employee has filed a written statement acknowledging 2172
that sale with the clerk or secretary of the public agency and the 2173
statement is entered in any public record of the agency's 2174
proceedings. This division shall not be construed to require the 2175
disclosure of clients of attorneys or persons licensed under 2176
section 4732.12 or 4732.15 of the Revised Code, or patients of 2177
persons certified under section 4731.14 of the Revised Code.2178

       (D) No public official or employee shall use or authorize the 2179
use of the authority or influence of office or employment to 2180
secure anything of value or the promise or offer of anything of 2181
value that is of such a character as to manifest a substantial and 2182
improper influence upon the public official or employee with 2183
respect to that person's duties.2184

       (E) No public official or employee shall solicit or accept 2185
anything of value that is of such a character as to manifest a 2186
substantial and improper influence upon the public official or 2187
employee with respect to that person's duties.2188

       (F) No person shall promise or give to a public official or 2189
employee anything of value that is of such a character as to 2190
manifest a substantial and improper influence upon the public 2191
official or employee with respect to that person's duties.2192

       (G) In the absence of bribery or another offense under the 2193
Revised Code or a purpose to defraud, contributions made to a 2194
campaign committee, political party, legislative campaign fund, 2195
political action committee, or political contributing entity on 2196
behalf of an elected public officer or other public official or 2197
employee who seeks elective office shall be considered to accrue 2198
ordinarily to the public official or employee for the purposes of 2199
divisions (D), (E), and (F) of this section.2200

       As used in this division, "contributions," "campaign 2201
committee," "political party," "legislative campaign fund," 2202
"political action committee," and "political contributing entity" 2203
have the same meanings as in section 3517.01 of the Revised Code.2204

       (H)(1) No public official or employee, except for the 2205
president or other chief administrative officer of or a member of 2206
a board of trustees of a state institution of higher education as 2207
defined in section 3345.011 of the Revised Code, who is required 2208
to file a financial disclosure statement under section 102.02 of 2209
the Revised Code shall solicit or accept, and no person shall give 2210
to that public official or employee, an honorarium. Except as 2211
provided in division (H)(2) of this section, this division and 2212
divisions (D), (E), and (F) of this section do not prohibit a 2213
public official or employee who is required to file a financial 2214
disclosure statement under section 102.02 of the Revised Code from 2215
accepting and do not prohibit a person from giving to that public 2216
official or employee the payment of actual travel expenses, 2217
including any expenses incurred in connection with the travel for 2218
lodging, and meals, food, and beverages provided to the public 2219
official or employee at a meeting at which the public official or 2220
employee participates in a panel, seminar, or speaking engagement 2221
or provided to the public official or employee at a meeting or 2222
convention of a national organization to which any state agency, 2223
including, but not limited to, any state legislative agency or 2224
state institution of higher education as defined in section 2225
3345.011 of the Revised Code, pays membership dues. Except as 2226
provided in division (H)(2) of this section, this division and 2227
divisions (D), (E), and (F) of this section do not prohibit a 2228
public official or employee who is not required to file a 2229
financial disclosure statement under section 102.02 of the Revised 2230
Code from accepting and do not prohibit a person from promising or 2231
giving to that public official or employee an honorarium or the 2232
payment of travel, meal, and lodging expenses if the honorarium, 2233
expenses, or both were paid in recognition of demonstrable 2234
business, professional, or esthetic interests of the public 2235
official or employee that exist apart from public office or 2236
employment, including, but not limited to, such a demonstrable 2237
interest in public speaking and were not paid by any person or 2238
other entity, or by any representative or association of those 2239
persons or entities, that is regulated by, doing business with, or 2240
seeking to do business with the department, division, institution, 2241
board, commission, authority, bureau, or other instrumentality of 2242
the governmental entity with which the public official or employee 2243
serves.2244

       (2) No person who is a member of the board of a state 2245
retirement system, a state retirement system investment officer, 2246
or an employee of a state retirement system whose position 2247
involves substantial and material exercise of discretion in the 2248
investment of retirement system funds shall solicit or accept, and 2249
no person shall give to that board member, officer, or employee, 2250
payment of actual travel expenses, including expenses incurred 2251
with the travel for lodging, meals, food, and beverages.2252

       (I) A public official or employee may accept travel, meals, 2253
and lodging or expenses or reimbursement of expenses for travel, 2254
meals, and lodging in connection with conferences, seminars, and 2255
similar events related to official duties if the travel, meals, 2256
and lodging, expenses, or reimbursement is not of such a character 2257
as to manifest a substantial and improper influence upon the 2258
public official or employee with respect to that person's duties. 2259
The house of representatives and senate, in their code of ethics, 2260
and the Ohio ethics commission, under section 111.15 of the 2261
Revised Code, may adopt rules setting standards and conditions for 2262
the furnishing and acceptance of such travel, meals, and lodging, 2263
expenses, or reimbursement.2264

       A person who acts in compliance with this division and any 2265
applicable rules adopted under it, or any applicable, similar 2266
rules adopted by the supreme court governing judicial officers and 2267
employees, does not violate division (D), (E), or (F) of this 2268
section. This division does not preclude any person from seeking 2269
an advisory opinion from the appropriate ethics commission under 2270
section 102.08 of the Revised Code.2271

       (J) For purposes of divisions (D), (E), and (F) of this 2272
section, the membership of a public official or employee in an 2273
organization shall not be considered, in and of itself, to be of 2274
such a character as to manifest a substantial and improper 2275
influence on the public official or employee with respect to that 2276
person's duties. As used in this division, "organization" means a 2277
church or a religious, benevolent, fraternal, or professional 2278
organization that is tax exempt under subsection 501(a) and 2279
described in subsection 501(c)(3), (4), (8), (10), or (19) of the 2280
"Internal Revenue Code of 1986." This division does not apply to a 2281
public official or employee who is an employee of an organization, 2282
serves as a trustee, director, or officer of an organization, or 2283
otherwise holds a fiduciary relationship with an organization. 2284
This division does not allow a public official or employee who is 2285
a member of an organization to participate, formally or 2286
informally, in deliberations, discussions, or voting on a matter 2287
or to use the public official's or employee's official position 2288
with regard to the interests of the organization on the matter if 2289
the public official or employee has assumed a particular 2290
responsibility in the organization with respect to the matter or 2291
if the matter would affect that person's personal, pecuniary 2292
interests.2293

       (K) It is not a violation of this section for a prosecuting 2294
attorney to appoint assistants and employees in accordance with 2295
division (B) of section 309.06 and section 2921.421 of the Revised 2296
Code, for a chief legal officer of a municipal corporation or an 2297
official designated as prosecutor in a municipal corporation to 2298
appoint assistants and employees in accordance with sections 2299
733.621 and 2921.421 of the Revised Code, for a township law 2300
director appointed under section 504.15 of the Revised Code to 2301
appoint assistants and employees in accordance with sections 2302
504.151 and 2921.421 of the Revised Code, or for a coroner to 2303
appoint assistants and employees in accordance with division (B) 2304
of section 313.05 of the Revised Code.2305

       As used in this division, "chief legal officer" has the same 2306
meaning as in section 733.621 of the Revised Code.2307

       (L) No present public official or employee with a casino 2308
gaming regulatory function shall indirectly invest, by way of an 2309
entity the public official or employee has an ownership interest 2310
or control in, or directly invest in a casino operator, management 2311
company, holding company, casino facility, or gaming-related 2312
vendor. No present public official or employee with a casino 2313
gaming regulatory function shall directly or indirectly have a 2314
financial interest in, have an ownership interest in, be the 2315
creditor or hold a debt instrument issued by, or have an interest 2316
in a contractual or service relationship with a casino operator, 2317
management company, holding company, casino facility, or 2318
gaming-related vendor. This section does not prohibit or limit 2319
permitted passive investing by the public official or employee.2320

       As used in this division, "passive investing" means 2321
investment by the public official or employee by means of a mutual 2322
fund in which the public official or employee has no control of 2323
the investments or investment decisions. "Casino operator," 2324
"holding company," "management company," "casino facility," and 2325
"gaming-related vendor" have the same meanings as in section 2326
3772.01 of the Revised Code.2327

       (M) A member of the Ohio casino control commission, the 2328
executive director of the commission, or an employee of the 2329
commission shall not: 2330

       (1) Accept anything of value, including but not limited to a 2331
gift, gratuity, emolument, or employment from a casino operator, 2332
management company, or other person subject to the jurisdiction of 2333
the commission, or from an officer, attorney, agent, or employee 2334
of a casino operator, management company, or other person subject 2335
to the jurisdiction of the commission; 2336

       (2) Solicit, suggest, request, or recommend, directly or 2337
indirectly, to a casino operator, management company, or other 2338
person subject to the jurisdiction of the commission, or to an 2339
officer, attorney, agent, or employee of a casino operator, 2340
management company, or other person subject to the jurisdiction of 2341
the commission, the appointment of a person to an office, place, 2342
position, or employment; 2343

       (3) Participate in casino gaming or any other amusement or 2344
activity at a casino facility in this state or at an affiliate 2345
gaming facility of a licensed casino operator, wherever located. 2346
A member of the Ohio casino control commission, the executive 2347
director of the commission, or an employee of the commission may 2348
participate in any other amusement or activity at a casino 2349
facility in this state or at an affiliate gaming facility of a 2350
licensed casino operator, wherever located, if the member, 2351
executive director, or employee pays the same price as the general 2352
public for that amusement or activity.2353

       In addition to the penalty provided in section 102.99 of the 2354
Revised Code, whoever violates division (M)(1), (2), or (3) of 2355
this section forfeits the individual's office or employment.2356

       Sec. 102.031.  (A) As used in this section:2357

       (1) "Business associate" means a person with whom a member of 2358
the general assembly is conducting or undertaking a financial 2359
transaction.2360

       (2) "Contribution" has the same meaning as in section 3517.01 2361
of the Revised Code.2362

       (3) "Employee" does not include a member of the general 2363
assembly whose nonlegislative position of employment does not 2364
involve the performance of or the authority to perform 2365
administrative or supervisory functions; or whose nonlegislative 2366
position of employment, if the member is a public employee, does 2367
not involve a substantial and material exercise of administrative 2368
discretion in the formulation of public policy, expenditure of 2369
public funds, enforcement of laws and rules of the state or a 2370
county or city, or execution of other public trusts.2371

       (4) "Expenditure" has the meaning defined in section 101.70 2372
of the Revised Code.2373

       (B) No member of the general assembly shall vote on any 2374
legislation that the member knows is then being actively advocated 2375
if the member is one of the following with respect to a 2376
legislative agent or employer that is then actively advocating on 2377
that legislation:2378

       (1) An employee;2379

       (2) A business associate;2380

       (3) A person, other than an employee, who is hired under 2381
contract to perform certain services, and that position involves a 2382
substantial and material exercise of administrative discretion in 2383
the formulation of public policy.2384

       (C) No member of the general assembly shall knowingly accept 2385
any of the following from a legislative agent or a person required 2386
to file a statement described in division (A)(2) of section 2387
102.021 of the Revised Code:2388

       (1) The payment of any expenses for travel or lodging except 2389
as otherwise authorized by division (H) of section 102.03 of the 2390
Revised Code;2391

       (2) MoreExpenditures of more than seventy-fivetwo hundred 2392
fifty dollars aggregated per calendar year as payment for meals 2393
and other food and beverages, other than any contribution and 2394
other than expenditures for those meals and other food and 2395
beverages provided to the member at a meeting at which the member 2396
participates in a panel, seminar, or speaking engagement, at a 2397
meeting or convention of a national organization to which any 2398
state agency, including, but not limited to, any legislative 2399
agency or state institution of higher education as defined in 2400
section 3345.011 of the Revised Code, pays membership dues, or at 2401
a dinner, party, or function to which all members of the general 2402
assembly or all members of either house of the general assembly 2403
are invited;2404

       (3) A gift of any amount in the form of cash or the 2405
equivalent of cash, or a gift of any other thing of value whose 2406
value exceeds seventy-five dollars. As used in division (C)(3) of 2407
this section, "gift" does not include any contribution or any 2408
gifts of meals and other food and beverages or the payment of 2409
expenses incurred for travel to destinations either inside or 2410
outside this state that is received by a member of the general 2411
assembly and that is incurred in connection with the member's 2412
official duties.2413

       (D) It is not a violation of division (C)(2) of this section 2414
if, within sixty days after receiving notice from a legislative 2415
agent that the legislative agent has provided a member of the 2416
general assembly with expenditures of more than seventy-fivetwo 2417
hundred fifty dollars aggregated in a calendar year as payment for 2418
meals and other food and beverages, the member of the general 2419
assembly returns to that legislative agent the amount received 2420
that exceeds seventy-fivetwo hundred fifty dollars.2421

       (E) The joint legislative ethics committee may impose a fine 2422
of not more than one thousand dollars upon a member of the general 2423
assembly who violates division (B) of this section.2424

       Sec. 102.06.  (A) The appropriate ethics commission shall 2425
receive and may initiate complaints against persons subject to 2426
this chapter concerning conduct alleged to be in violation of this 2427
chapter or section 2921.42 or 2921.43 of the Revised Code. All 2428
complaints except those by the commission shall be by affidavit 2429
made on personal knowledge, subject to the penalties of perjury. 2430
Complaints by the commission shall be by affidavit, based upon 2431
reasonable cause to believe that a violation has occurred.2432

       (B) The appropriate ethics commission shall investigate 2433
complaints, may investigate charges presented to it, and may 2434
request further information, including the specific amount of 2435
income from a source, from any person filing with the commission a 2436
statement required by section 102.02 or 102.021 of the Revised 2437
Code, if the information sought is directly relevant to a 2438
complaint or charges received by the commission pursuant to this 2439
section. This information is confidential, except that the 2440
commission, in its discretion, may share information gathered in 2441
the course of any investigation with, or disclose the information 2442
to, the inspector general, any appropriate prosecuting authority, 2443
any law enforcement agency, or any other appropriate ethics 2444
commission. If the accused person is a member of the public 2445
employees retirement board, state teachers retirement board, 2446
school employees retirement board, board of trustees of the Ohio 2447
police and fire pension fund, or state highway patrol retirement 2448
board, or is a member of the bureau of workers' compensation board 2449
of directors, the appropriate ethics commission, in its 2450
discretion, also may share information gathered in the course of 2451
an investigation with, or disclose the information to, the 2452
attorney general and the auditor of state. The person so requested 2453
shall furnish the information to the commission, unless within 2454
fifteen days from the date of the request the person files an 2455
action for declaratory judgment challenging the legitimacy of the 2456
request in the court of common pleas of the county of the person's 2457
residence, the person's place of employment, or Franklin county. 2458
The requested information need not be furnished to the commission 2459
during the pendency of the judicial proceedings. Proceedings of 2460
the commission in connection with the declaratory judgment action 2461
shall be kept confidential except as otherwise provided by this 2462
section. Before the commission proceeds to take any formal action 2463
against a person who is the subject of an investigation based on 2464
charges presented to the commission, a complaint shall be filed 2465
against the person. If the commission finds that a complaint is 2466
not frivolous, and there is reasonable cause to believe that the 2467
facts alleged in a complaint constitute a violation of division 2468
(B) or (C) of section 102.07 or section 102.02, 102.021, 102.03, 2469
102.04, 102.07, 2921.42, or 2921.43 of the Revised Code, it shall 2470
hold a hearing. If the commission does not so find, it shall 2471
dismiss the complaint and notify the accused person in writing of 2472
the dismissal of the complaint. The commission shall not make a 2473
report of its finding unless the accused person requests a report. 2474
Upon the request of the accused person, the commission shall make 2475
a public report of its finding. The person against whom the 2476
complaint is directed shall be given reasonable notice by 2477
certified mail of the date, time, and place of the hearing and a 2478
statement of the charges and the law directly involved and shall 2479
be given the opportunity to be represented by counsel, to have 2480
counsel appointed for the person if the person is unable to afford 2481
counsel without undue hardship, to examine the evidence against 2482
the person, to produce evidence and to call and subpoena witnesses 2483
in the person's defense, to confront the person's accusers, and to 2484
cross-examine witnesses. The commission shall have a stenographic 2485
record made of the hearing. The hearing shall be closed to the 2486
public.2487

       (C)(1)(a) If, upon the basis of the hearing, the appropriate 2488
ethics commission finds by a preponderance of the evidence that 2489
the facts alleged in the complaint are true and constitute a 2490
violation of division (B) or (C) of section 102.07 or section 2491
102.02, 102.021, 102.03, 102.04, 102.07, 2921.42, or 2921.43 of 2492
the Revised Code, it shall report its findings to the appropriate 2493
prosecuting authority for proceedings in prosecution of the 2494
violation and to the appointing or employing authority of the 2495
accused. If the accused person is a member of the public employees 2496
retirement board, state teachers retirement board, school 2497
employees retirement board, board of trustees of the Ohio police 2498
and fire pension fund, or state highway patrol retirement board, 2499
the commission also shall report its findings to the Ohio 2500
retirement study council.2501

       (b) If the Ohio ethics commission reports its findings to the 2502
appropriate prosecuting authority under division (C)(1)(a) of this 2503
section and the prosecuting authority has not initiated any 2504
official action on those findings within ninety days after 2505
receiving the commission's report of them, the commission may 2506
publicly comment that no official action has been taken on its 2507
findings, except that the commission shall make no comment in 2508
violation of the Rules of Criminal Procedure or about any 2509
indictment that has been sealed pursuant to any law or those 2510
rules. The commission shall make no comment regarding the merits 2511
of its findings. As used in division (C)(1)(b) of this section, 2512
"official action" means prosecution, closure after investigation, 2513
or grand jury action resulting in a true bill of indictment or no 2514
true bill of indictment.2515

       (2) If the appropriate ethics commission does not find by a 2516
preponderance of the evidence that the facts alleged in the 2517
complaint are true and constitute a violation of division (B) or 2518
(C) of section 102.07 or section 102.02, 102.021, 102.03, 102.04, 2519
102.07, 2921.42, or 2921.43 of the Revised Code or if the 2520
commission has not scheduled a hearing within ninety days after 2521
the complaint is filed or has not finally disposed of the 2522
complaint within six months after it has been heard, it shall 2523
dismiss the complaint and notify the accused person in writing of 2524
the dismissal of the complaint. The commission shall not make a 2525
report of its finding unless the accused person requests a report. 2526
Upon the request of the accused person, the commission shall make 2527
a public report of the finding, but in this case all evidence and 2528
the record of the hearing shall remain confidential unless the 2529
accused person also requests that the evidence and record be made 2530
public. Upon request by the accused person, the commission shall 2531
make the evidence and the record available for public inspection.2532

       (D) The appropriate ethics commission, or a member of the 2533
commission, may administer oaths, and the commission may issue 2534
subpoenas to any person in the state compelling the attendance of 2535
witnesses and the production of relevant papers, books, accounts, 2536
and records. The commission shall issue subpoenas to compel the 2537
attendance of witnesses and the production of documents upon the 2538
request of an accused person. Section 101.42 of the Revised Code 2539
shall govern the issuance of these subpoenas insofar as 2540
applicable. Upon the refusal of any person to obey a subpoena or 2541
to be sworn or to answer as a witness, the commission may apply to 2542
the court of common pleas of Franklin county under section 2705.03 2543
of the Revised Code. The court shall hold proceedings in 2544
accordance with Chapter 2705. of the Revised Code. The commission 2545
or the accused person may take the depositions of witnesses 2546
residing within or without the state in the same manner as 2547
prescribed by law for the taking of depositions in civil actions 2548
in the court of common pleas.2549

       (E) At least once each year, the Ohio ethics commission shall 2550
report on its activities of the immediately preceding year to the 2551
majority and minority leaders of the senate and house of 2552
representatives of the general assembly. The report shall indicate 2553
the total number of complaints received, initiated, and 2554
investigated by the commission, the total number of complaints for 2555
which formal hearings were held, and the total number of 2556
complaints for which formal prosecution was recommended or 2557
requested by the commission. The report also shall indicate the 2558
nature of the inappropriate conduct alleged in each complaint and 2559
the governmental entity with which any employee or official that 2560
is the subject of a complaint was employed at the time of the 2561
alleged inappropriate conduct.2562

       (F) The Ohio ethics commission shall maintain a list of all 2563
executive agencies. The commission shall provide copies of the 2564
list to the general public on request and may charge a reasonable 2565
fee not to exceed the cost of copying and delivering the document.2566

       (G) All papers, records, affidavits, and documents upon any 2567
complaint, inquiry, or investigation relating to the proceedings 2568
of the appropriate ethics commission shall be sealed and are 2569
private and confidential, except as otherwise provided in this 2570
section and section 102.07 of the Revised Code.2571

       (G)(H)(1) When a complaint or charge is before it, the Ohio 2572
ethics commission or the appropriate prosecuting authority, in 2573
consultation with the person filing the complaint or charge, the 2574
accused, and any other person the commission or prosecuting 2575
authority considers necessary, may compromise or settle the 2576
complaint or charge with the agreement of the accused. The 2577
compromise or settlement may include mediation, restitution, 2578
rescission of affected contracts, forfeiture of any benefits 2579
resulting from a violation or potential violation of law, 2580
resignation of a public official or employee, or any other relief 2581
that is agreed upon between the commission or prosecuting 2582
authority and the accused.2583

       (2) Any settlement agreement entered into under division 2584
(G)(1) of this section shall be in writing and be accompanied by a 2585
statement of the findings of the commission or prosecuting 2586
authority and the reasons for entering into the agreement. The 2587
commission or prosecuting authority shall retain the agreement and 2588
statement in the commission's or prosecuting authority's office 2589
and, in the commission's or prosecuting authority's discretion, 2590
may make the agreement, the statement, and any supporting 2591
information public, unless the agreement provides otherwise.2592

       (3) If a settlement agreement is breached by the accused, the 2593
commission or prosecuting authority, in the commission's or 2594
prosecuting authority's discretion, may rescind the agreement and 2595
reinstitute any investigation, hearing, or prosecution of the 2596
accused. No information obtained from the accused in reaching the 2597
settlement that is not otherwise discoverable from the accused 2598
shall be used in any proceeding before the commission or by the 2599
appropriate prosecuting authority in prosecuting the violation. 2600
Notwithstanding any other section of the Revised Code, if a 2601
settlement agreement is breached, any statute of limitations for a 2602
violation of this chapter or section 2921.42 or 2921.43 of the 2603
Revised Code is tolled from the date the complaint or charge is 2604
filed until the date the settlement agreement is breached.2605

       Sec. 102.07. (A) Beginning with disclosure statements 2606
required to be filed for calendar year 2012, the Ohio ethics 2607
commission shall publish and make available to the public on its 2608
official web site each disclosure statement filed with the 2609
commission by a person who is elected to, a candidate for, or 2610
appointed to fill a vacancy for an unexpired term in any elective 2611
office listed in division (A) of section 102.02 of the Revised 2612
Code, except for statements that are required to be kept 2613
confidential under division (B) of that section.2614

       (B) No member, employee, or agent of the Ohio ethics 2615
commission, board of commissioners on grievances and discipline of 2616
the supreme court, or joint legislative ethics committee shall 2617
divulge any information or any books, papers, or documents 2618
presented to the commission, joint legislative ethics committee, 2619
or board of commissioners on grievances and discipline without the 2620
consent, in writing, of the appropriate ethics commission, unless 2621
such books, papers, or documents were presented at a public 2622
hearing, except as provided in section 102.06 of the Revised Code.2623

       (C) No person shall divulge information that appears on a 2624
disclosure statement and is required to be kept confidential under 2625
division (B) of section 102.02 of the Revised Code.2626

       Sec. 102.99.  (A) Whoever violates division (C) of section 2627
102.02 or division (C) of section 102.031 of the Revised Code is 2628
guilty of a misdemeanor of the fourth degree.2629

       (B) Whoever violates division (D) of section 102.02, division 2630
(B) or (C) of section 102.07, or section 102.021, 102.03, or2631
102.04, or 102.07 of the Revised Code is guilty of a misdemeanor 2632
of the first degree.2633

       Sec. 109.54.  (A) The bureau of criminal identification and 2634
investigation may investigate any criminal activity in this state 2635
that is of statewide or intercounty concern when requested by 2636
local authorities and may aid federal authorities, when requested, 2637
in their investigation of any criminal activity in this state. The 2638
bureau may investigate any criminal activity in this state related 2639
to the conduct of elections when requested by the secretary of 2640
state. The bureau may assist the Ohio ethics commission and the 2641
joint legislative ethics committee in investigating violations of 2642
sections 102.02, 102.021, 102.03, 102.031, 102.04, 2921.42, and 2643
2921.43 of the Revised Code, upon request by the agency having the 2644
appropriate investigative jurisdiction. The bureau may investigate 2645
any criminal activity in this state involving drug abuse or 2646
illegal drug distribution prohibited under Chapter 3719. or 4729. 2647
of the Revised Code. The superintendent and any agent of the 2648
bureau may participate, as the director of an organized crime task 2649
force established under section 177.02 of the Revised Code or as a 2650
member of the investigatory staff of a task force established 2651
under that section, in an investigation of organized criminal 2652
activity anywhere within this state under sections 177.01 to 2653
177.03 of the Revised Code.2654

       (B) The bureau may provide any trained investigative 2655
personnel and specialized equipment that are requested by any 2656
sheriff or chief of police, by the authorized designee of any 2657
sheriff or chief of police, or by any other authorized law 2658
enforcement officer to aid and assist the officer in the 2659
investigation and solution of any crime or the control of any 2660
criminal activity occurring within the officer's jurisdiction. 2661
This assistance shall be furnished by the bureau without 2662
disturbing or impairing any of the existing law enforcement 2663
authority or the prerogatives of local law enforcement authorities 2664
or officers. Investigators provided pursuant to this section, or 2665
engaged in an investigation pursuant to section 109.83 of the 2666
Revised Code, may go armed in the same manner as sheriffs and 2667
regularly appointed police officers under section 2923.12 of the 2668
Revised Code.2669

       (C)(1) The bureau shall obtain recording equipment that can 2670
be used to record depositions of the type described in division 2671
(A) of section 2152.81 and division (A) of section 2945.481 of the 2672
Revised Code, or testimony of the type described in division (D) 2673
of section 2152.81 and division (D) of section 2945.481 or in 2674
division (C) of section 2937.11 of the Revised Code, shall obtain 2675
closed circuit equipment that can be used to televise testimony of 2676
the type described in division (C) of section 2152.81 and division 2677
(C) of section 2945.481 or in division (B) of section 2937.11 of 2678
the Revised Code, and shall provide the equipment, upon request, 2679
to any court for use in recording any deposition or testimony of 2680
one of those types or in televising the testimony in accordance 2681
with the applicable division.2682

       (2) The bureau shall obtain the names, addresses, and 2683
telephone numbers of persons who are experienced in questioning 2684
children in relation to an investigation of a violation of section 2685
2905.03, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2686
2907.07, 2907.09, 2907.21, 2907.23, 2907.24, 2907.31, 2907.32, 2687
2907.321, 2907.322, 2907.323, or 2919.22 of the Revised Code or an 2688
offense of violence and shall maintain a list of those names, 2689
addresses, and telephone numbers. The list shall include a 2690
classification of the names, addresses, and telephone numbers by 2691
appellate district. Upon request, the bureau shall provide any 2692
county sheriff, chief of police, prosecuting attorney, village 2693
solicitor, city director of law, or similar chief legal officer 2694
with the name, address, and telephone number of any person 2695
contained in the list.2696

       Sec. 121.60.  As used in sections 121.60 to 121.69 of the 2697
Revised Code:2698

       (A) "Person" and "compensation" have the same meanings as in 2699
section 101.70 of the Revised Code.2700

       (B) "Expenditure" means any of the following that is made to, 2701
at the request of, for the benefit of, or on behalf of an elected 2702
executive official, the director of a department created under 2703
section 121.02 of the Revised Code, an executive agency official, 2704
or a member of the staff of any public officer or employee listed 2705
in this division:2706

       (1) A payment, distribution, loan, advance, deposit, 2707
reimbursement, or gift of money, real estate, or anything of 2708
value, including, but not limited to, food and beverages, 2709
entertainment, lodging, transportation, or honorariums;2710

       (2) A contract, promise, or agreement to make an expenditure, 2711
whether or not legally enforceable;2712

       (3) The purchase, sale, or gift of services or any other 2713
thing of value. "Expenditure" does not include a contribution, 2714
gift, or grant to a foundation or other charitable organization 2715
that is exempt from federal income taxation under subsection 2716
501(c)(3) of the Internal Revenue Code. "Expenditure" does not 2717
include the purchase, sale, or gift of services or any other thing 2718
of value that is available to the general public on the same terms 2719
as it is available to the persons listed in this division, or an 2720
offer or sale of securities to any person listed in this division 2721
that is governed by regulation D, 17 C.F.R. 230.501 to 230.508, 2722
adopted under the authority of the "Securities Act of 1933," 48 2723
Stat. 74, 15 U.S.C.A. and following, or that is governed by a 2724
comparable provision under state law.2725

       (C) "Employer" means any person who, directly or indirectly, 2726
engages an executive agency lobbyist.2727

       (D) "Engage" means to make any arrangement, and "engagement" 2728
means arrangement, whereby an individual is employed or retained 2729
for compensation to act for or on behalf of an employer to 2730
influence executive agency decisions or to conduct any executive 2731
agency lobbying activity.2732

       (E) "Financial transaction" means a transaction or activity 2733
that is conducted or undertaken for profit and arises from the 2734
joint ownership or the ownership or part ownership in common of 2735
any real or personal property or any commercial or business 2736
enterprise of whatever form or nature between the following:2737

       (1) An executive agency lobbyist, the executive agency 2738
lobbyist's employer, or a member of the immediate family of the 2739
executive agency lobbyist or the executive agency lobbyist's 2740
employer; and2741

       (2) Any elected executive official, the director of a 2742
department created under section 121.02 of the Revised Code, an 2743
executive agency official, or any member of the staff of a public 2744
officer or employee listed in division (E)(2) of this section.2745

       "Financial transaction" does not include any transaction or 2746
activity described in division (E) of this section if it is 2747
available to the general public on the same terms, or if it is an 2748
offer or sale of securities to any person listed in division 2749
(E)(2) of this section that is governed by regulation D, 17 C.F.R. 2750
230.501 to 230.508, adopted under the authority of the "Securities 2751
Act of 1933," 48 Stat. 74, 15 U.S.C.A. and following, or that is 2752
governed by a comparable provision under state law.2753

       (F) "Executive agency" means the office of an elected 2754
executive official, a department created under section 121.02 of 2755
the Revised Code, or any other state agency, department, board, or 2756
commission controlled or directed by an elected executive official 2757
or otherwise subject to an elected executive official's authority. 2758
For the purposes of sections 121.60 to 121.69 of the Revised Code 2759
only, "executive agency" includes the nonprofit corporation formed 2760
under section 187.01 of the Revised Code. "Executive agency" does 2761
not include any court, the general assembly, or the controlling 2762
board.2763

       (G) "Executive agency decision" means a decision of an 2764
executive agency regarding the expenditure of funds of the state 2765
or of an executive agency with respect to the award of a contract, 2766
grant, lease, or other financial arrangement under which such 2767
funds are distributed or allocated, or a regulatory decision of an 2768
executive agency or any board or commission of the state. 2769
"Executive agency decision" does not include either of the 2770
following:2771

       (1) A purchasing decision for which a vendor has filed a 2772
statement certifying that the vendor has not made campaign 2773
contributions in an amount such that section 3517.13 of the 2774
Revised Code would invalidate the decision, if that vendor has not 2775
engaged an executive agency lobbyist;2776

       (2) The award of a competitively bid contract for which bid 2777
specifications were prepared and for which at least three eligible 2778
competitive bids were received by the executive agency.2779

       (H) "Executive agency lobbyist" means any person engaged to 2780
influencewhose direct communication with executive agency 2781
officials or employees for the purpose of influencing executive 2782
agency decisions or to conductconducting executive agency 2783
lobbying activity as one of the person's main purposes on a 2784
regular and substantial basisconstitutes at least twenty-five per 2785
cent of the total performance time for which the person is 2786
compensated by a specific employer. "Executive agency lobbyist" 2787
does not include an elected or appointed officer or employee of a 2788
federal or state agency, state college, state university, or 2789
political subdivision who attempts to influence or affect 2790
executive agency decisions in a fiduciary capacity as a 2791
representative of the officer's or employee's agency, college, 2792
university, or political subdivision.2793

       (I) "Executive agency lobbying activity" means contacts made 2794
to promote, oppose, or otherwise influence the outcome of an 2795
executive agency decision by direct communication with any person 2796
described in division (E)(2) of this section, or the Ohio casino 2797
control commission. "Lobbying activity" does not include any of 2798
the following:2799

       (1) The action of any person having a direct interest in 2800
executive agency decisions who, under Section 3 of Article I, Ohio 2801
Constitution, assembles together with other persons to consult for 2802
their common good, instructs a person listed in the first 2803
paragraph of division (I) of this section, or petitions such a 2804
person for the redress of grievances;2805

       (2) Contacts made for the sole purpose of gathering 2806
information contained in a public record;2807

       (3) Appearances before an executive agency to give testimony.2808

       (J) "Executive agency official" means an officer or employee 2809
of an executive agency whose principal duties are to formulate 2810
policy or to participate directly or indirectly in the 2811
preparation, review, or award of contracts, grants, leases, or 2812
other financial arrangements with an executive agency.2813

       (K) "Aggrieved party" means a party entitled to resort to a 2814
remedy.2815

       (L) "Elected executive official" means the governor, 2816
lieutenant governor, secretary of state, auditor of state, 2817
treasurer of state, and the attorney general.2818

       (M) "Staff" means any officer or employee of an executive 2819
agency whose official duties are to formulate policy and who 2820
exercises administrative or supervisory authority or who 2821
authorizes the expenditure of state funds.2822

       Sec. 121.62.  (A) Each executive agency lobbyist and each 2823
employer shall file with the joint legislative ethics committee, 2824
within ten days following the engagement of an executive agency 2825
lobbyist, an initial registration statement showing all of the 2826
following:2827

       (1) The name, business address, and occupation of the 2828
executive agency lobbyist;2829

       (2) The name and business address of the employer or of the 2830
real party in interest on whose behalf the executive agency 2831
lobbyist is acting, if it is different from the employer. For the 2832
purposes of division (A) of this section, where a trade 2833
association or other charitable or fraternal organization that is 2834
exempt from federal income taxation under subsection 501(c) of the 2835
federal Internal Revenue Code is the employer, the statement need 2836
not list the names and addresses of every member of the 2837
association or organization, so long as the association or 2838
organization itself is listed.2839

       (3) A brief description of the executive agency decision to 2840
which the engagement relates;2841

       (4) The name of the executive agency or agencies to which the 2842
engagement relates.2843

       (B) In addition to the initial registration statement 2844
required by division (A) of this section, each executive agency 2845
lobbyist and employer shall file with the joint committee, not 2846
later than the last day of January, May, and September of each 2847
year, an updated registration statement that confirms the 2848
continuing existence of each engagement described in an initial 2849
registration statement and that lists the specific executive 2850
agency decisions that the lobbyist sought to influence under the 2851
engagement during the period covered by the updated statement, and 2852
with it any statement of expenditures required to be filed by 2853
section 121.63 of the Revised Code and any details of financial 2854
transactions required to be filed by section 121.64 of the Revised 2855
Code.2856

       (C) If an executive agency lobbyist is engaged by more than 2857
one employer, the lobbyist shall file a separate initial and 2858
updated registration statement for each engagement. If an employer 2859
engages more than one executive agency lobbyist, the employer need 2860
file only one updated registration statement under division (B) of 2861
this section, which shall contain the information required by 2862
division (B) of this section regarding all of the executive agency 2863
lobbyists engaged by the employer.2864

       (D)(1) A change in any information required by division 2865
(A)(1), (2), or (B) of this section shall be reflected in the next 2866
updated registration statement filed under division (B) of this 2867
section.2868

       (2) Within thirty days following the termination of an 2869
engagement, the executive agency lobbyist who was employed under 2870
the engagement shall send written notification of the termination 2871
to the joint committee.2872

       (E) A registration fee of twenty-fivethirty-five dollars 2873
shall be charged for filing an initial registration statement. All 2874
money collected from registration fees under this division and 2875
late filing fees under division (G) of this section shall be 2876
deposited into the state treasury to the credit of the joint 2877
legislative ethics committee fund created under section 101.34 of 2878
the Revised Code.2879

       (F) Upon registration pursuant to this section, an executive 2880
agency lobbyist shall be issued a card by the joint committee 2881
showing that the lobbyist is registered. The registration card and 2882
the executive agency lobbyist's registration shall be valid from 2883
the date of their issuance until the next thirty-first day of 2884
JanuaryDecember of thean even-numbered year following the year 2885
in which the initial registration was filed.2886

       (G) The executive director of the joint committee shall be 2887
responsible for reviewing each registration statement filed with 2888
the joint committee under this section and for determining whether 2889
the statement contains all of the required information. If the 2890
joint committee determines that the registration statement does 2891
not contain all of the required information or that an executive 2892
agency lobbyist or employer has failed to file a registration 2893
statement, the joint committee shall send written notification by 2894
certified mail to the person who filed the registration statement 2895
regarding the deficiency in the statement or to the person who 2896
failed to file the registration statement regarding the failure. 2897
Any person so notified by the joint committee shall, not later 2898
than fifteen days after receiving the notice, file a registration 2899
statement or an amended registration statement that contains all 2900
of the required information. If any person who receives a notice 2901
under this division fails to file a registration statement or such 2902
an amended registration statement within this fifteen-day period, 2903
the joint committee shall assess a late filing fee equal to twelve 2904
dollars and fifty cents per day, up to a maximum fee of one 2905
hundred dollars, upon that person. The joint committee may waive 2906
the late filing fee for good cause shown.2907

       (H) On or before the fifteenth day of March of each year, the 2908
joint committee shall, in the manner and form that it determines, 2909
publish a report containing statistical information on the 2910
registration statements filed with it under this section during 2911
the preceding year.2912

       (I) If an employer who engages an executive agency lobbyist 2913
is the recipient of a contract, grant, lease, or other financial 2914
arrangement pursuant to which funds of the state or of an 2915
executive agency are distributed or allocated, the executive 2916
agency or any aggrieved party may consider the failure of the 2917
employer or the executive agency lobbyist to comply with this 2918
section as a breach of a material condition of the contract, 2919
grant, lease, or other financial arrangement.2920

       (J) Executive agency officials may require certification from 2921
any person seeking the award of a contract, grant, lease, or 2922
financial arrangement that the person and the person's employer 2923
are in compliance with this section.2924

       Sec. 121.63.  (A) Each executive agency lobbyist and each 2925
employer shall file with the joint legislative ethics committee, 2926
with the updated registration statement required by division (B) 2927
of section 121.62 of the Revised Code, a statement of expenditures 2928
as specified in divisions (B) and (C) of this section. An 2929
executive agency lobbyist shall file a separate statement of 2930
expenditures under this section for each employer that engages the 2931
executive agency lobbyist.2932

       (B)(1) In addition to the information required by divisions 2933
(B)(2) and (3) of this section, a statement filed by an executive 2934
agency lobbyist shall show the total amount of expenditures made 2935
during the reporting period covered by the statement by the 2936
executive agency lobbyist.2937

       (2) If, during a reporting period covered by a statement, an 2938
employer or any executive agency lobbyist the employer engaged 2939
made, either separately or in combination with each other,2940
expenditures to,that, when added to the amount of previous 2941
expenditures made by that employer or executive agency lobbyist 2942
during the same calendar year, exceed a total of one hundred 2943
dollars at the request of, for the benefit of, or on behalf of a 2944
particular elected executive official, the director of a 2945
department created under section 121.02 of the Revised Code, a 2946
particular executive agency official, or a particular member of 2947
the staff of any public officer listed in division (B)(2) of this 2948
section, the employer or executive agency lobbyist also shall 2949
state the name of the public officer or employee to whom, at whose 2950
request, for whose benefit, or on whose behalf the expenditures 2951
were made, the total amount of the expenditures made, a brief 2952
description of the expenditures made, the approximate date the 2953
expenditures were made, the executive agency decision, if any, 2954
sought to be influenced, and the identity of the client on whose 2955
behalf the expenditure was made.2956

       As used in division (B)(2) of this section, "expenditures" 2957
does not include expenditures made by an executive agency lobbyist 2958
as payment for meals and other food and beverages.2959

       (3) If, during a reporting period covered by a statement, an 2960
executive agency lobbyist made expenditures as payment for meals 2961
and other food and beverages, other than for meals and other food 2962
and beverages provided at a meeting at which the person 2963
participated in a panel, seminar, or speaking engagement or at a 2964
meeting or convention of a national organization to which any 2965
state agency, including, but not limited to, any legislative 2966
agency or state institution of higher education as defined in 2967
section 3345.011 of the Revised Code, pays membership dues, that, 2968
when added to the amount of previous payments made for meals and 2969
other food and beverages by that executive agency lobbyist during 2970
that same calendar year, exceeded a total of fifty dollars to, at 2971
the request of, for the benefit of, or on behalf of a particular 2972
elected executive official, the director of a department created 2973
under section 121.02 of the Revised Code, a particular executive 2974
agency official, or any particular member of the staff of any of 2975
the public officers or employees listed in division (B)(3) of this 2976
section, then the executive agency lobbyist shall also state 2977
regarding those expenditures the name of the public officer or 2978
employee to whom, at whose request, for whose benefit, or on whose 2979
behalf the expenditures were made, the total amount of the 2980
expenditures made, a brief description of the expenditures made, 2981
the approximate date the expenditures were made, the executive 2982
agency decision, if any, sought to be influenced, and the identity 2983
of the client on whose behalf the expenditure was made.2984

       (C) In addition to the information required by divisions2985
division (B)(2) and (3) of this section, a statement filed by an 2986
employer shall show the total amount of expenditures made by the2987
an employer or executive agency lobbyist filing the statement 2988
during the period covered by the statement. As used in this 2989
section, "expenditures" does not include the expenses of 2990
maintaining office facilities, or the compensation paid to 2991
executive agency lobbyists engaged to influence executive agency 2992
decisions or conduct executive agency lobbying activityA 2993
statement filed by an executive agency lobbyist shall show all 2994
executive agency decisions that the executive agency lobbyist has 2995
sought to influence on behalf of the employer during the period 2996
covered by the statement. A statement filed by an employer shall 2997
show all executive agency decisions that the employer has sought 2998
to influence during the period covered by the statement.2999

       No employer shall be required to show any expenditure or 3000
executive agency decision on a statement filed under this division 3001
if the expenditure or executive agency decision is reported on a 3002
statement filed under division (B)(1), (2), or (3) of this section 3003
by an executive agency lobbyist engaged by the employer. No 3004
executive agency lobbyist shall be required to show any 3005
expenditure on a statement filed under this division if the 3006
expenditure is reported on a statement filed under division (B) of 3007
this section by the executive agency lobbyist's employer.3008

       (D) Any statement required to be filed under this section 3009
shall be filed at the times specified in section 121.62 of the 3010
Revised Code. Each statement shall cover expenditures made during 3011
the four-calendar-month period that ended on the last day of the 3012
month immediately preceding the month in which the statement is 3013
required to be filed.3014

       (E) If it is impractical or impossible for an executive 3015
agency lobbyist or employer to determine exact dollar amounts or 3016
values of expenditures, reporting of good faith estimates, based 3017
on reasonable accounting procedures, constitutes compliance with 3018
this division.3019

       (F) Executive agency lobbyists and employers shall retain 3020
receipts or maintain records for all expenditures that are 3021
required to be reported pursuant to this section. These receipts 3022
or records shall be maintained for a period ending on the 3023
thirty-first day of December of the second calendar year after the 3024
year in which the expenditure was made.3025

       (G)(1) At least ten days before the date on which the 3026
statement is filed, each employer or executive agency lobbyist who 3027
is required to file an expenditure statement under division (B)(2) 3028
or (3) of this section shall deliver a copynotice of the3029
statement, or the portion showing the expenditure, to the public 3030
officer or employee who is listed in the statement as having 3031
received the expenditure or on whose behalf it was made.3032

       (2) If, during a reporting period covered by an expenditure 3033
statement filed under division (B)(2) of this section, an employer 3034
or any executive agency lobbyist the employer engaged made, either 3035
separately or in combination with each other, either directly or 3036
indirectly, expenditures for an honorarium or for transportation, 3037
lodging, or food and beverages purchased for consumption on the 3038
premises in which the food and beverages were sold to, at the 3039
request of, for the benefit or, or on behalf of any of the public 3040
officers or employees described in division (B)(2) of this 3041
section, the employer or executive agency lobbyist shall deliver 3042
to the public officer or employee a statement that contains all of 3043
the nondisputed information prescribed in division (B)(2) of this 3044
section with respect to the expenditures described in division 3045
(G)(2) of this section. The statement of expenditures made under 3046
division (G)(2) of this section shall be delivered to the public 3047
officer or employee to whom, at whose request, for whose benefit, 3048
or on whose behalf those expenditures were made on the same day in 3049
which a copy of the expenditure statement or of a portion showing 3050
the expenditure is delivered to the public officer or employee 3051
under division (G)(1) of this section. An employer is not required 3052
to show any expenditure on a statement delivered under division 3053
(G)(2) of this section if the expenditure is shown on a statement 3054
delivered under division (G)(2) of this section by a legislative 3055
agent engaged by the employer.3056

       (H) As used in this section, "expenditure" does not include 3057
the expenses of maintaining office facilities or the compensation 3058
paid to executive agency lobbyists engaged to influence executive 3059
agency decisions or to conduct executive agency lobbying activity.3060

       Sec. 121.64.  (A) Each executive agency lobbyist who has had 3061
any financial transaction with or for the benefit of an elected 3062
executive official, the director of a department created under 3063
section 121.02 of the Revised Code, an executive agency official, 3064
or any member of the staff of any of the public officers or 3065
employees listed in this division shall describe the details of 3066
the transaction, including the name of the public officer or 3067
employee, the purpose and nature of the transaction, and the date 3068
it was made or entered into, in a statement filed with the joint 3069
legislative ethics committee with the updated registration 3070
statement required by division (B) of section 121.62 of the 3071
Revised Code. The statements shall be filed at the times specified 3072
in section 121.62 of the Revised Code. Each statement shall 3073
describe each financial transaction that occurred during the 3074
four-calendar-month period that ended on the last day of the month 3075
immediately preceding the month in which the statement is required 3076
to be filed.3077

       (B) Except as provided in division (D) of this section, each 3078
employer who has had any financial transaction with or for the 3079
benefit of an elected executive official, the director of a 3080
department created under section 121.02 of the Revised Code, an 3081
executive agency official, or any member of the staff of any of 3082
the public officers or employees listed in this division shall 3083
describe the details of the transaction, including the name of the 3084
public officer or employee, the purpose and nature of the 3085
transaction, and the date it was made or entered into, in a 3086
statement filed with the joint committee with the updated 3087
registration statement required by division (B) of section 121.62 3088
of the Revised Code. The statement shall be filed at the times 3089
specified in section 121.62 of the Revised Code. Each statement 3090
shall describe each financial transaction that occurred during the 3091
four-calendar-month period that ended on the last day of the month 3092
immediately preceding the month in which the statement is required 3093
to be filed.3094

       (C) At least ten days before the date on which the statement 3095
is filed, each employer or executive agency lobbyist who is 3096
required to file a statement describing a financial transaction 3097
under this section shall deliver a copynotice of the statement3098
transaction to the public officer or employee with whom or for 3099
whose benefit the transaction was made.3100

       (D) No employer shall be required to file any statement under 3101
this section or to deliver a copynotice of the statement3102
transaction to a public officer or employee with whom or for whose 3103
benefit the transaction was made if the financial transaction to 3104
which the statement pertains is reported by an executive agency 3105
lobbyist engaged by the employer.3106

       Sec. 121.65.  If a dispute arises between an elected 3107
executive official, the director of a department created under 3108
section 121.02 of the Revised Code, an executive agency official, 3109
or any member of the staff of any public officer or employee 3110
listed in this division and an employer or executive agency 3111
lobbyist with respect to an expenditure or financial transaction 3112
alleged in a statement to be filed under section 121.63 or 121.64 3113
of the Revised Code, the public officer or employee, employer, or 3114
executive agency lobbyist may file a complaint with the Ohio 3115
ethics commission. The commission shall proceed to investigate the 3116
complaint as though it were filed under section 102.06 of the 3117
Revised Code.3118

       The complaint shall be filed at least three days prior to the 3119
time the statement is required to be filed with the joint 3120
legislative ethics committee. The time for filing a disputed 3121
expenditure or financial transaction in any statement of 3122
expenditures or the details of a financial transaction that 3123
contains a disputed expenditure or financial transaction shall be 3124
extended pending the final decision of the commission. This 3125
extension does not extend the time for filing the nondisputed 3126
portions of either type of statement. The commission shall notify 3127
the parties of its final decision by certified mail. If the 3128
commission decides that the disputed expenditure or financial 3129
transaction should be reported, the employer or executive agency 3130
lobbyist shall include the matter in an amendedthe statement and. 3131
The employer or executive agency lobbyist shall file the amended3132
statement not later than ten days after receiving notice of the 3133
decision of the commission by certified mail.3134

       An employer or executive agency lobbyist who files a false 3135
statement of expenditures or details of a financial transaction is 3136
liable in a civil action to any public officer or employee who 3137
sustains damage as a result of the filing or publication of the 3138
statement.3139

       Sec. 121.68.  (A) The joint legislative ethics committee 3140
shall keep on file the statements required by sections 121.62, 3141
121.63, and 121.64 of the Revised Code. These statements are 3142
public records and open to public inspection, and the joint 3143
committee shall computerizepublish them so that the information 3144
contained inand make them is readily accessibleavailable to the 3145
general public on its official web site. The joint committee shall 3146
provide copies of the statements to the general public on request 3147
and may charge a reasonable fee not to exceed the cost of copying 3148
and delivering the statement.3149

       (B) Not later than the last day of February and October of 3150
each year, the joint committee shall compile from the registration 3151
statements filed with it a complete and updated list of registered 3152
executive agency lobbyists and their employers, and distribute the 3153
list to each elected executive official and the director of each 3154
department created under section 121.02 of the Revised Code, who 3155
shall distribute the list to the appropriate personnel under his 3156
jurisdiction. The joint committee shall provide copies of the list 3157
to the general public upon request and may charge a reasonable fee 3158
not to exceed the cost of copying and delivering the list.3159

       (C) The joint committee shall maintain a list of all 3160
executive agencies. The joint committee shall provide copies of 3161
the list to the general public on request and may charge a 3162
reasonable fee not to exceed the cost of copying and delivering 3163
the document.3164

       (D) The joint committee shall prescribe and make available an 3165
appropriate form for the filings required by sections 121.62, 3166
121.63, and 121.64 of the Revised Code. The form shall contain the 3167
following notice in boldface type: "ANY PERSON WHO KNOWINGLY FILES 3168
A FALSE STATEMENT IS GUILTY OF FALSIFICATION UNDER SECTION 2921.13 3169
OF THE REVISED CODE, WHICH IS A MISDEMEANOR OF THE FIRST DEGREE."3170

       (E)(D) The joint committee may adopt rules as necessary to 3171
implement sections 121.60 to 121.69 of the Revised Code, and any 3172
such rules it adopts shall be adopted in accordance with section 3173
111.15 of the Revised Code.3174

       (F)(E) The joint committee shall publish a handbook that 3175
explains in clear and concise language the provisions of sections 3176
121.60 to 121.69 of the Revised Code and make it available free of 3177
charge to executive agency lobbyists, employers, and any other 3178
interested persons.3179

       Sec. 4503.033.  (A) Annually, on or before the thirty-first 3180
day of January, every deputy registrar shall file with the 3181
registrar of motor vehicles on a form prescribed by the registrar, 3182
a statement disclosing all of the following:3183

       (1) The name of the person filing the statement, and, if 3184
applicable, of histhe person's spouse and of members of histhe 3185
person's immediate family;3186

       (2) Any contribution made within the previous calendar year 3187
by the person and, if applicable, by histhe person's spouse and 3188
by members of histhe person's immediate family to each of the 3189
following:3190

       (a) Any political party;3191

       (b) Any candidate for the office of governor, attorney 3192
general, secretary of state, treasurer of state, auditor of state, 3193
member of the senate or house of representatives of the general 3194
assembly, or to the campaign committee of any such candidate.3195

       (3) The month, day, and year in which the contribution was 3196
made;3197

       (4) The full name and address of each person, political 3198
party, or campaign committee to which a contribution was made;3199

       (5) The value in dollars and cents of the contribution.3200

       (B) No person shall knowingly fail to file, on or before the 3201
filing deadline under this section, a statement that is required 3202
by division (A) of this section.3203

       (C) No person shall knowingly make a false statement in a 3204
statement that is required to be filed under division (A) of this 3205
section.3206

       (D) On and after March 2, 1994, the statement required by 3207
division (A) of this section shall be accompanied by a filing fee 3208
of twenty-five dollars. If the statement required by division (A) 3209
of this section is not filed by the date on which it is required 3210
to be filed, the registrar of motor vehicles shall assess a late 3211
filing fee as prescribed in division (F)(G) of section 102.02 of 3212
the Revised Code. The registrar shall deposit all fees he receives 3213
under this division into the general revenue fund of the state.3214

       (E) Not later than the date a deputy registrar is required to 3215
file a statement under division (A) of this section, the deputy 3216
registrar shall file a copy of the statement with the office of 3217
the secretary of state. The secretary of state shall keep the 3218
copies of all statements filed with histhe office of the 3219
secretary of state under this division only for the purpose of 3220
making them available for public inspection.3221

       (F) Whoever violates division (B) of this section shall be 3222
fined one thousand dollars. Whoever violates division (C) of this 3223
section shall be fined ten thousand dollars.3224

       Section 2.  That existing sections 101.15, 101.301, 101.34, 3225
101.70, 101.72, 101.73, 101.74, 101.75, 101.78, 101.90, 101.92, 3226
101.93, 101.94, 101.95, 101.98, 102.01, 102.02, 102.021, 102.03, 3227
102.031, 102.06, 102.07, 102.99, 109.54, 121.60, 121.62, 121.63, 3228
121.64, 121.65, 121.68, and 4503.033 of the Revised Code are 3229
hereby repealed.3230

       Section 3.  Sections 101.72, 101.92, and 121.62 of the 3231
Revised Code, as amended by this act, take effect December 1, 3232
2014.3233

       Section 4.  Section 102.07 of the Revised Code is presented 3234
in this act as a composite of the section as amended by both Am. 3235
Sub. H.B. 285 and Am. Sub. H.B. 492 of the 120th General Assembly. 3236
The General Assembly, applying the principle stated in division 3237
(B) of section 1.52 of the Revised Code that amendments are to be 3238
harmonized if reasonably capable of simultaneous operation, finds 3239
that the composite is the resulting version of the section in 3240
effect prior to the effective date of the section as presented in 3241
this act.3242

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