As Introduced

129th General Assembly
Regular Session
2011-2012
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 



A BILL
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


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 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