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To amend sections 9.03 and 3599.40 of the Revised | 1 |
Code to prohibit a person from using public funds | 2 |
for specified purposes and to specify that a | 3 |
person or a political subdivision who violates the | 4 |
prohibition is guilty of a first degree | 5 |
misdemeanor. | 6 |
Section 1. That sections 9.03 and 3599.40 of the Revised Code | 7 |
be amended to read as follows: | 8 |
Sec. 9.03. (A) As used in this section, "political | 9 |
subdivision" means any body corporate and politic, except a | 10 |
municipal corporation that has adopted a charter under Section 7 | 11 |
of Article XVIII, Ohio Constitution, and except a county that has | 12 |
adopted a charter under Sections 3 and 4 of Article X, Ohio | 13 |
Constitution, to which both of the following apply: | 14 |
(1) It is responsible for governmental activities only in a | 15 |
geographic area smaller than the state. | 16 |
(2) It is subject to the sovereign immunity of the state. | 17 |
(B) Except as otherwise provided in division (C) of this | 18 |
section, the governing body of a political subdivision may use | 19 |
public funds to publish and distribute newsletters, or to use any | 20 |
other means, to communicate information about the plans, policies, | 21 |
and operations of the political subdivision to members of the | 22 |
public within the political subdivision and to other persons who | 23 |
may be affected by the political subdivision. | 24 |
(C) Except as otherwise provided in division (A)(7) of | 25 |
section 340.03 or division (A)(12) of section 340.033 of the | 26 |
Revised Code, no governing body of a political subdivision and no | 27 |
person shall use public funds to do any of the following: | 28 |
(1) Publish, distribute, or otherwise communicate information | 29 |
that does any of the following: | 30 |
(a) Contains defamatory, libelous, or obscene matter; | 31 |
(b) Promotes alcoholic beverages, cigarettes or other tobacco | 32 |
products, or any illegal product, service, or activity; | 33 |
(c) Promotes illegal discrimination on the basis of race, | 34 |
color, religion, national origin, handicap, age, or ancestry; | 35 |
(d) Supports or opposes any labor organization or any action | 36 |
by, on behalf of, or against any labor organization; | 37 |
(e) Supports or opposes the nomination or election of a | 38 |
candidate for public office, the investigation, prosecution, or | 39 |
recall of a public official, or the passage of a levy or bond | 40 |
issue. | 41 |
(2) Compensate any employee of the political subdivision for | 42 |
time spent on any activity to influence the outcome of an election | 43 |
for any of the purposes described in division (C)(1)(e) of this | 44 |
section. Division (C)(2) of this section does not prohibit the use | 45 |
of public funds to compensate an employee of a political | 46 |
subdivision for attending a public meeting to present information | 47 |
about the political subdivision's finances, activities, and | 48 |
governmental actions in a manner that is not designed to influence | 49 |
the outcome of an election or the passage of a levy or bond issue, | 50 |
even though the election, levy, or bond issue is discussed or | 51 |
debated at the meeting. | 52 |
(D) Nothing in this section prohibits or restricts any | 53 |
political subdivision from sponsoring, participating in, or doing | 54 |
any of the following: | 55 |
(1) Charitable or public service advertising that is not | 56 |
commercial in nature; | 57 |
(2) Advertising of exhibitions, performances, programs, | 58 |
products, or services that are provided by employees of a | 59 |
political subdivision or are provided at or through premises owned | 60 |
or operated by a political subdivision; | 61 |
(3) Licensing an interest in a name or mark that is owned or | 62 |
controlled by the political subdivision. | 63 |
(E) As used in this section, "cigarettes" and "tobacco | 64 |
product" have the same meanings as in section 5743.01 of the | 65 |
Revised Code. | 66 |
Sec. 3599.40. Except as otherwise provided in section | 67 |
3599.39 of the Revised Code, whoever violates any provision of | 68 |
Title XXXV of the Revised Code, unless otherwise provided in such | 69 |
title, and whoever knowingly violates division (C)(1)(e) or (2) of | 70 |
section 9.03 of the Revised Code, is guilty of a misdemeanor of | 71 |
the first degree. | 72 |
Section 2. That existing sections 9.03 and 3599.40 of the | 73 |
Revised Code are hereby repealed. | 74 |