Bill Text: OH HB295 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: To require a legislative agent to report to the Joint Legislative Ethics Committee compensation paid to the agent by the agent's employer.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2013-10-10 - To State and Local Government [HB295 Detail]

Download: Ohio-2013-HB295-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 295

Representative Hagan, R. 

Cosponsors: Representatives Pillich, Foley 

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A BILL

To amend sections 101.72, 101.73, and 101.75 of the

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Revised Code to require a legislative agent to

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report to the Joint Legislative Ethics Committee

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compensation paid to the agent by the agent's

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employer.

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

Section 1.  That sections 101.72, 101.73, and 101.75 of the	6
Revised Code be amended to read as follows:	7

Sec. 101.72.  (A) Each legislative agent and employer, within	8
ten days following an engagement of a legislative agent, shall	9
file with the joint legislative ethics committee an initial	10
registration statement showing all of the following:	11

(1) The name, business address, and occupation of the	12
legislative agent;	13

(2) The name and business address of the employer and the	14
real party in interest on whose behalf the legislative agent is	15
actively advocating, if it is different from the employer. For the	16
purposes of division (A) of this section, where a trade	17
association or other charitable or fraternal organization that is	18
exempt from federal income taxation under subsection 501(c) of the	19
federal Internal Revenue Code is the employer, the statement need	20
not list the names and addresses of each member of the association	21
or organization, so long as the association or organization itself	22
is listed.	23

(3) A brief description of the type of legislation to which	24
the engagement relates.	25

(B) In addition to the initial registration statement	26
required by division (A) of this section, each legislative agent	27
and employer shall file with the joint committee, not later than	28
the last day of January, May, and September of each year, an	29
updated registration statement that confirms the continuing	30
existence of each engagement described in an initial registration	31
statement and that lists the specific bills or resolutions on	32
which the agent actively advocated under that engagement during	33
the period covered by the updated statement, and with it any	34
statement of expenditures required to be filed by section 101.73	35
of the Revised Code and any details of financial transactions	36
required to be filed by section 101.74 of the Revised Code.	37

(C) If a legislative agent is engaged by more than one	38
employer, the agent shall file a separate initial and updated	39
registration statement for each engagement. If an employer engages	40
more than one legislative agent, the employer need file only one	41
updated registration statement under division (B) of this section,	42
which shall contain the information required by division (B) of	43
this section regarding all of the legislative agents engaged by	44
the employer.	45

(D)(1) A change in any information required by division	46
(A)(1), (2), or (B) of this section shall be reflected in the next	47
updated registration statement filed under division (B) of this	48
section.	49

(2) Within thirty days after the termination of an	50
engagement, the legislative agent who was employed under the	51
engagement shall send written notification of the termination to	52
the joint committee.	53

(E) A registration fee of twenty-five dollars shall be	54
charged for filing an initial registration statement. The state	55
agency of an officer or employee who actively advocates in a	56
fiduciary capacity as a representative of that state agency shall	57
pay the registration fee required under this division. All money	58
collected from registration fees under this division and late	59
filing fees under division (G) of this section shall be deposited	60
into the state treasury to the credit of the joint legislative	61
ethics committee fund created under section 101.34 of the Revised	62
Code.	63

An officer or employee of a state agency who actively	64
advocates in a fiduciary capacity as a representative of that	65
state agency need not file expenditure statements under section	66
101.73 of the Revised Code. As used in this division, "state	67
agency" does not include a state institution of higher education	68
as defined in section 3345.011 of the Revised Code.	69

(F) Upon registration pursuant to division (A) of this	70
section, the legislative agent shall be issued a card by the joint	71
committee showing that the legislative agent is registered. The	72
registration card and the legislative agent's registration shall	73
be valid from the date of their issuance until the next	74
thirty-first day of December of an even-numbered year.	75

(G) The executive director of the joint committee shall be	76
responsible for reviewing each registration statement filed with	77
the joint committee under this section and for determining whether	78
the statement contains all of the information required by this	79
section. If the joint committee determines that the registration	80
statement does not contain all of the required information or that	81
a legislative agent or employer has failed to file a registration	82
statement, the joint committee shall send written notification by	83
certified mail to the person who filed the registration statement	84
regarding the deficiency in the statement or to the person who	85
failed to file the registration statement regarding the failure.	86
Any person so notified by the joint committee shall, not later	87
than fifteen days after receiving the notice, file a registration	88
statement or an amended registration statement that does contain	89
all of the information required by this section. If any person who	90
receives a notice under this division fails to file a registration	91
statement or such an amended registration statement within this	92
fifteen-day period, the joint committee shall assess a late filing	93
fee equal to twelve dollars and fifty cents per day, up to a	94
maximum of one hundred dollars, upon that person. The joint	95
committee may waive the late filing fee for good cause shown.	96

(H) On or before the fifteenth day of March of each year, the	97
joint committee shall, in the manner and form that it determines,	98
publish a report containing statistical information on the	99
registration statements filed with it under this section during	100
the preceding year.	101

Sec. 101.73.  (A) Each legislative agent and each employer	102
shall file in the office of the joint legislative ethics	103
committee, with the updated registration statement required by	104
division (B) of section 101.72 of the Revised Code, a statement of	105
expenditures as specified in divisions (B) and (C) of this	106
section. A legislative agent shall file a separate statement of	107
expenditures underas specified in division (B) of this section	108
for each employer engaging the legislative agent.	109

(B)(1) In addition to the information required by divisions	110
(B)(2) and, (3), and (4) of this section, a statement filed by a	111
legislative agent shall show the total amount of expenditures made	112
by the legislative agent during the reporting period covered by	113
the statement.	114

(2) If, during a reporting period covered by a statement, an	115
employer or any legislative agent the employer engaged made,	116
either separately or in combination with each other, either	117
directly or indirectly, expenditures to, at the request of, for	118
the benefit of, or on behalf of any particular member of the	119
general assembly, any particular member of the controlling board,	120
the governor, the director of a department created under section	121
121.02 of the Revised Code, or any particular member of the staff	122
of any of the public officers or employees listed in division	123
(B)(2) of this section, then the employer or legislative agent	124
shall also state all of the following:	125

(a) The name of the public officer or employee to whom, at	126
whose request, for whose benefit, or on whose behalf the	127
expenditures were made;	128

(b) The total amount of the expenditures made;

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(c) A brief description of the expenditures made;

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(d) The approximate date the expenditures were made;

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(e) The specific items of legislation, if any, for which the	132
expenditures were made and the identity of the client on whose	133
behalf each expenditure was made.	134

As used in division (B)(2) of this section, "expenditures"	135
does not include expenditures made by a legislative agent as	136
payment for meals and other food and beverages.	137

(3) If, during a reporting period covered by a statement, a	138
legislative agent made expenditures as payment for meals and other	139
food and beverages, other than for meals and other food and	140
beverages provided to a member of the general assembly at a	141
meeting at which the member participated in a panel, seminar, or	142
speaking engagement or provided to a member of the general	143
assembly at a meeting or convention of a national organization to	144
which any state agency, including, but not limited to, any	145
legislative agency or state institution of higher education as	146
defined in section 3345.011 of the Revised Code, pays membership	147
dues, that, when added to the amount of previous payments made for	148
meals and other food and beverages by that legislative agent	149
during that same calendar year, exceeded a total of fifty dollars	150
to, at the request of, for the benefit of, or on behalf of any	151
particular member of the general assembly, any particular member	152
of the controlling board, the governor, the director of a	153
department created under section 121.02 of the Revised Code, or	154
any particular member of the staff of any of the public officers	155
or employees listed in division (B)(3) of this section, then the	156
legislative agent shall also state all of the following regarding	157
those expenditures:	158

(a) The name of the public officer or employee to whom, at	159
whose request, for whose benefit, or on whose behalf the	160
expenditures were made;	161

(b) The total amount of the expenditures made;

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(c) A brief description of the expenditures made;

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(d) The approximate date the expenditures were made;

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(e) The specific items of legislation, if any, for which the	165
expenditures were made and the identity of the client on whose	166
behalf each expenditure was made.	167

(4) If, during a reporting period covered by a statement, a	168
legislative agent is paid compensation by an employer, the	169
legislative agent shall state on the statement the amount of the	170
compensation paid to the legislative agent and the name and	171
business address of the employer who paid the legislative agent	172
the compensation.	173

(C) In addition to the information required by divisions	174
(B)(2) and (3) of this section, a statement filed by an employer	175
shall show the total amount of expenditures made by the employer	176
filing the statement during the period covered by the statement.	177
As used in this section, "expenditures" does not include the	178
expenses of maintaining office facilities or the compensation paid	179
to legislative agents engaged by an employer.	180

No employer is required to show any expenditure on a	181
statement filed under this division if the expenditure is reported	182
on a statement filed under division (B) of this section by a	183
legislative agent engaged by the employer.	184

(D) Any statement required to be filed under this section	185
shall be filed at the times specified in section 101.72 of the	186
Revised Code. Each statement shall cover expenditures made and	187
compensation paid during the four-calendar-month period that ended	188
on the last day of the month immediately preceding the month in	189
which the statement is required to be filed.	190

No portion of the amount of an expenditure for a dinner,	191
party, or other function sponsored by an employer or legislative	192
agent need be attributed to, or counted toward the amount for, a	193
reporting period specified in division (B)(2) or (3) of this	194
section if the sponsor has invited to the function all the members	195
of either of the following:	196

(1) The general assembly;

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(2) Either house of the general assembly.

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However, the amount spent for such function and its date and	199
purpose shall be reported separately on the statement required to	200
be filed under this section and the amount spent for the function	201
shall be added with other expenditures for the purpose of	202
determining the total amount of expenditures reported in the	203
statement under division (B)(1) or (C) of this section.	204

If it is impractical or impossible for a legislative agent or	205
employer to determine exact dollar amounts or values of	206
expenditures, reporting of good faith estimates, based upon	207
reasonable accounting procedures, constitutes compliance with this	208
section.	209

(E) All legislative agents and employers shall retain	210
receipts or maintain records for all expenditures that are	211
required to be reported pursuant to this section. All legislative	212
agents shall maintain records of compensation paid to them by	213
employers. These receipts or records shall be maintained for a	214
period ending on the thirty-first day of December of the second	215
calendar year after the year in which the expenditure was made or	216
the compensation was paid.	217

(F)(1) An employer or legislative agent who is required to	218
file an expenditurea statement under division (B) or (C) of this	219
section shall deliver a copy of the statement, or of the portion	220
showing thean expenditure, to the public officer or employee who	221
is listed in the statement as having received the expenditure or	222
on whose behalf it was made, at least ten days before the date on	223
which the statement is filed.	224

(2) If, during a reporting period covered by an expenditurea	225
statement filed under division (B)(2) of this section, an employer	226
or any legislative agent the employer engaged made, either	227
separately or in combination with each other, either directly or	228
indirectly, expenditures for transportation, lodging, or food and	229
beverages purchased for consumption on the premises in which the	230
food and beverages were sold to, at the request of, for the	231
benefit of, or on behalf of any of the public officers or	232
employees described in division (B)(2) of this section, the	233
employer or legislative agent shall deliver to the public officer	234
or employee a statement that contains all of the nondisputed	235
information prescribed in division (B)(2)(a) through (e) of this	236
section with respect to the expenditures described in division	237
(F)(2) of this section. The statement of expenditures made under	238
division (F)(2) of this section shall be delivered to the public	239
officer or employee to whom, at whose request, for whose benefit,	240
or on whose behalf those expenditures were made on the same day in	241
which a copy of the expenditure statement or of a portion showing	242
the expenditure is delivered to the public officer or employee	243
under division (F)(1) of this section. An employer is not required	244
to show any expenditure on a statement delivered under division	245
(F)(2) of this section if the expenditure is shown on a statement	246
delivered under division (F)(2) of this section by a legislative	247
agent engaged by the employer.	248

Sec. 101.75.  If a dispute arises between any member of the	249
general assembly, any member of the controlling board, or a member	250
of the staff of the general assembly or controlling board and an	251
employer or legislative agent with respect to an expenditure or	252
financial transaction alleged in any statement to be filed under	253
section 101.73 or 101.74 of the Revised Code, the member,	254
employer, or legislative agent may file a complaint with the joint	255
legislative ethics committee. The committee shall proceed to	256
investigate the complaint as provided for other complaints in	257
section 101.34 of the Revised Code.	258

The complaint shall be filed at least three days prior to the	259
time the statement is required to be filed with the joint	260
legislative ethics committee. The time for filing a disputed	261
expenditure or financial transaction in any statement of	262
expenditures or the details of a financial transaction shall be	263
extended pending the final decision of the joint committee. This	264
extension does not extend the time for filing the nondisputed	265
portions of an expenditurea statement or of the details of a	266
financial transaction. The joint committee shall notify the	267
parties of its final decision by certified mail. If the committee	268
decides that the disputed expenditure or financial transaction	269
should be reported, the employer or legislative agent shall	270
include the matter in an amended statement and file the amended	271
statement not later than ten days after the employer or agent	272
receives notice of the decision of the committee by certified	273
mail.	274

An employer or legislative agent who files a false statement	275
of expenditures or details of a financial transaction is liable in	276
a civil action to any public officer or employee who sustains	277
damage as a result of the filing or publication of the statement.	278

Section 2.  That existing sections 101.72, 101.73, and 101.75	279
of the Revised Code are hereby repealed.	280