Bill Text: OH HB326 | 2011-2012 | 129th General Assembly | Comm Sub

Ohio House Bill 326 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: To generally prohibit any person from knowingly conducting any transaction of public funds to the benefit of any campaign committee, political action committee, legislative campaign fund, political party, campaign fund, political committee, separate segregated fund, or candidate.

Spectrum: Moderate Partisan Bill (Republican 47-8)

Status: (Passed) 2012-09-05 - Effective Date [HB326 Detail]

Download: Ohio-2011-HB326-Comm_Sub.html

As Reported by the Senate Judiciary Committee

129th General Assembly

Regular Session

2011-2012

Sub. H. B. No. 326

Representatives McClain, Hill

Cosponsors: Representatives Huffman, Grossman, Hagan, C., Martin, Thompson, Stebelton, Derickson, Adams, J., Adams, R., Blair, Ruhl, Sears, Young, Dovilla, Hayes, Maag, Combs, Carney, Winburn, Garland, Pillich, Bubp, Conditt, Weddington, Slaby, Anielski, Beck, Damschroder, Hackett, Hall, Lundy, Newbold, O'Brien, Phillips, Terhar, Uecker Speaker Batchelder
Senators LaRose, Eklund

A BILL

To amend sections 9.03 and 3599.40 of the Revised

Code to generally prohibit any person from

knowingly conducting any transaction of public

funds to the benefit of any campaign committee,

political action committee, legislative campaign

fund, political party, campaign fund, political

committee, separate segregated fund, or candidate.

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

Section 1. That sections 9.03 and 3599.40 of the Revised Code	8
be amended to read as follows:	9

Sec. 9.03. (A) As used in this section~~, "political~~:

(1) "Political subdivision" means any body corporate and	11
politic, except a municipal corporation that has adopted a charter	12
under Section 7 of Article XVIII, Ohio Constitution, and except a	13
county that has adopted a charter under Sections 3 and 4 of	14
Article X, Ohio Constitution, to which both of the following	15
apply:	16

~~(1)~~(a) It is responsible for governmental activities only in	17
a geographic area smaller than the state.	18

~~(2)~~(b) It is subject to the sovereign immunity of the state.

(2) "Cigarettes" and "tobacco product" have the same meanings	20
as in section 5743.01 of the Revised Code.	21

(3) "Transaction" has the same meaning as in section 1315.51	22
of the Revised Code.	23

(4) "Campaign committee," "campaign fund," "candidate,"	24
"legislative campaign fund," "political action committee,"	25
"political committee," "political party," and "separate segregated	26
fund" have the same meanings as in section 3517.01 of the Revised	27
Code.	28

(B) Except as otherwise provided in division (C) of this	29
section, the governing body of a political subdivision may use	30
public funds to publish and distribute newsletters, or to use any	31
other means, to communicate information about the plans, policies,	32
and operations of the political subdivision to members of the	33
public within the political subdivision and to other persons who	34
may be affected by the political subdivision.	35

(C) Except as otherwise provided in division (A)(7) of	36
section 340.03 or division (A)(12) of section 340.033 of the	37
Revised Code, no governing body of a political subdivision shall	38
use public funds to do any of the following:	39

(1) Publish, distribute, or otherwise communicate information	40
that does any of the following:	41

(a) Contains defamatory, libelous, or obscene matter;

(b) Promotes alcoholic beverages, cigarettes or other tobacco	43
products, or any illegal product, service, or activity;	44

(c) Promotes illegal discrimination on the basis of race,	45
color, religion, national origin, handicap, age, or ancestry;	46

(d) Supports or opposes any labor organization or any action	47
by, on behalf of, or against any labor organization;	48

(e) Supports or opposes the nomination or election of a	49
candidate for public office, the investigation, prosecution, or	50
recall of a public official, or the passage of a levy or bond	51
issue.	52

(2) Compensate any employee of the political subdivision for	53
time spent on any activity to influence the outcome of an election	54
for any of the purposes described in division (C)(1)(e) of this	55
section. Division (C)(2) of this section does not prohibit the use	56
of public funds to compensate an employee of a political	57
subdivision for attending a public meeting to present information	58
about the political subdivision's finances, activities, and	59
governmental actions in a manner that is not designed to influence	60
the outcome of an election or the passage of a levy or bond issue,	61
even though the election, levy, or bond issue is discussed or	62
debated at the meeting.	63

(D) Except as otherwise provided in division (A)(7) of	64
section 340.03 or division (A)(12) of section 340.033 of the	65
Revised Code or in division (E) of this section, no person shall	66
knowingly conduct a direct or indirect transaction of public funds	67
to the benefit of any of the following:	68

(1) A campaign committee;

(2) A political action committee;

(3) A legislative campaign fund;

(4) A political party;

(5) A campaign fund;

(6) A political committee;

(7) A separate segregated fund;

(8) A candidate.

(E) Division (D) of this section does not prohibit the	77
utilization of any person's own time to speak in support of or in	78
opposition to any candidate, recall, referendum, levy, or bond	79
issue unless prohibited by any other section of the Revised Code.	80

(F) Nothing in this section prohibits or restricts any	81
political subdivision from sponsoring, participating in, or doing	82
any of the following:	83

(1) Charitable or public service advertising that is not	84
commercial in nature;	85

(2) Advertising of exhibitions, performances, programs,	86
products, or services that are provided by employees of a	87
political subdivision or are provided at or through premises owned	88
or operated by a political subdivision;	89

(3) Licensing an interest in a name or mark that is owned or	90
controlled by the political subdivision.	91

~~(E) As used in this section, "cigarettes" and "tobacco~~	92
~~product" have the same meanings as in section 5743.01 of the~~	93
~~Revised Code.~~	94

(G) Whoever violates division (D) of this section shall be	95
punished as provided in section 3599.40 of the Revised Code.	96

Sec. 3599.40. Except as otherwise provided in section	97
3599.39 of the Revised Code, whoever violates any provision of	98
Title XXXV of the Revised Code, unless otherwise provided in such	99
title, and whoever violates division (D) of section 9.03 of the	100
Revised Code, is guilty of a misdemeanor of the first degree.	101