Bill Text: OH HB336 | 2009-2010 | 128th General Assembly | Introduced

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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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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 336

Representative Garrison 

Cosponsors: Representatives Phillips, Pillich, Domenick, Patten, Williams, B., Yuko, Winburn, Bolon 

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A BILL

To amend section 3517.092 of the Revised Code to

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prohibit an elected officer of a political

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subdivision or a candidate for an elective office

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of a political subdivision from accepting

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contributions from an employee of that political

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subdivision who is or who would be supervised,

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directly or indirectly, by the public officer or

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candidate.

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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:

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(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