Bill Text: OH HB336 | 2009-2010 | 128th General Assembly | Introduced
Bill Title: To prohibit an elected officer of a political subdivision or a candidate for an elective office of a political subdivision from accepting contributions from an employee of that political subdivision who is or who would be supervised, directly or indirectly, by the public officer or candidate.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2009-10-28 - To Elections & Ethics [HB336 Detail]
Download: Ohio-2009-HB336-Introduced.html
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Representative Garrison
Cosponsors:
Representatives Phillips, Pillich, Domenick, Patten, Williams, B., Yuko, Winburn, Bolon
To amend section 3517.092 of the Revised Code to | 1 |
prohibit an elected officer of a political | 2 |
subdivision or a candidate for an elective office | 3 |
of a political subdivision from accepting | 4 |
contributions from an employee of that political | 5 |
subdivision who is or who would be supervised, | 6 |
directly or indirectly, by the public officer or | 7 |
candidate. | 8 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3517.092 of the Revised Code be | 9 |
amended to read as follows: | 10 |
Sec. 3517.092. (A) As used in this section: | 11 |
(1) "Appointing authority" has the same meaning as in section | 12 |
124.01 of the Revised Code. | 13 |
(2) "State elected officer" means any person appointed or | 14 |
elected to a state elective office. | 15 |
(3) "State elective office" means any of the offices of | 16 |
governor, lieutenant governor, secretary of state, auditor of | 17 |
state, treasurer of state, attorney general, member of the state | 18 |
board of education, member of the general assembly, and justice | 19 |
and chief justice of the supreme court. | 20 |
(4) "Contribution" includes a contribution to any political | 21 |
party, campaign committee, political action committee, political | 22 |
contributing entity, or legislative campaign fund. | 23 |
(B)(1) No state elected officer, no campaign committee of | 24 |
such an officer, no employee of the state elected officer's | 25 |
office, and no other person or entity shall knowingly solicit a | 26 |
contribution to a state elected officer or to such an officer's | 27 |
campaign committee, and no state elected officer and no campaign | 28 |
committee of such an officer shall accept a contribution, from any | 29 |
of the following: | 30 |
(a) A state employee whose appointing authority is the state | 31 |
elected officer; | 32 |
(b) A state employee whose appointing authority is authorized | 33 |
or required by law to be appointed by the state elected officer; | 34 |
(c) A state employee who functions in or is employed in or by | 35 |
the same public agency, department, division, or office as the | 36 |
state elected officer. | 37 |
(2) No candidate for a state elective office, no campaign | 38 |
committee of such a candidate, no employee of the candidate's | 39 |
office if the candidate is a state elected officer or an elected | 40 |
officer of a political subdivision of the state, and no other | 41 |
person or entity shall knowingly solicit a contribution to a | 42 |
candidate for a state elective office or to such a candidate's | 43 |
campaign committee, and no candidate for a state elective office | 44 |
and no campaign committee of such a candidate shall accept a | 45 |
contribution, from any of the following: | 46 |
(a) A state employee at the time of the solicitation, whose | 47 |
appointing authority will be the candidate, if elected; | 48 |
(b) A state employee at the time of the solicitation, whose | 49 |
appointing authority will be appointed by the candidate, if | 50 |
elected, as authorized or required by law; | 51 |
(c) A state employee at the time of the solicitation, who | 52 |
will function in or be employed in or by the same public agency, | 53 |
department, division, or office as the candidate, if elected. | 54 |
(C)(1) No elected officer of a political subdivision of the | 55 |
state, no campaign committee of such an officer, no employee of | 56 |
such an officer's office, and no other person or entity shall | 57 |
knowingly solicit a contribution to an elected officer of a | 58 |
political subdivision of the state or to such an officer's | 59 |
campaign committee, and no elected officer of a political | 60 |
subdivision of the state and no campaign committee of such an | 61 |
officer shall accept a contribution, from any of the following: | 62 |
(a) An employee of that political subdivision whose | 63 |
appointing authority is that elected officer; | 64 |
(b) An employee of that political subdivision whose | 65 |
appointing authority is authorized or required by law to be | 66 |
appointed by that elected officer; | 67 |
(c) An employee of that political subdivision who functions | 68 |
in or is employed in or by the same public agency, department, | 69 |
division, or office as that elected officer. | 70 |
(2) No candidate for an elective office of a political | 71 |
subdivision of the state, no campaign committee of such a | 72 |
candidate, no employee of the candidate's office if the candidate | 73 |
is a state elected officer or elected officer of a political | 74 |
subdivision of the state, and no other person or entity shall | 75 |
knowingly solicit a contribution to a candidate for an elective | 76 |
office of a political subdivision of the state or to such a | 77 |
candidate's campaign committee, and no candidate for an elective | 78 |
office of a political subdivision of the state and no campaign | 79 |
committee of such a candidate shall accept a contribution, from | 80 |
any of the following: | 81 |
(a) An employee of that political subdivision at the time of | 82 |
the solicitation, whose appointing authority will be the | 83 |
candidate, if elected; | 84 |
(b) An employee of that political subdivision at the time of | 85 |
the solicitation, whose appointing authority will be appointed by | 86 |
the candidate, if elected, as authorized or required by law; | 87 |
(c) An employee of that political subdivision at the time of | 88 |
the solicitation, who will function in or be employed in or by the | 89 |
same public agency, department, division, or office as the | 90 |
candidate, if elected. | 91 |
(D)(1) No public employee shall solicit a contribution from | 92 |
any person while the public employee is performing the public | 93 |
employee's official duties or in those areas of a public building | 94 |
where official business is transacted or conducted. | 95 |
(2) No person shall solicit a contribution from any public | 96 |
employee while the public employee is performing the public | 97 |
employee's official duties or is in those areas of a public | 98 |
building where official business is transacted or conducted. | 99 |
(3) As used in division (D) of this section, "public | 100 |
employee" does not include any person holding an elective office. | 101 |
(E) The prohibitions in divisions (B), (C), and (D) of this | 102 |
section are in addition to the prohibitions in sections 124.57, | 103 |
3304.22, and 4503.032 of the Revised Code. | 104 |
Section 2. That existing section 3517.092 of the Revised | 105 |
Code is hereby repealed. | 106 |