Am. Sub. H. B. No. 326 As Passed by the House

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

Section 1. That sections 9.03 and 3599.40 of the Revised Code	15
be amended to read as follows:	16

Sec. 9.03. (A) As used in this section, "political	17
subdivision" means any body corporate and politic, except a	18
municipal corporation that has adopted a charter under Section 7	19
of Article XVIII, Ohio Constitution, and except a county that has	20
adopted a charter under Sections 3 and 4 of Article X, Ohio	21
Constitution, to which both of the following apply:	22

(1) It is responsible for governmental activities only in a	23
geographic area smaller than the state.	24

(B) Except as otherwise provided in division (C) of this	26
section, the governing body of a political subdivision may use	27
public funds to publish and distribute newsletters, or to use any	28
other means, to communicate information about the plans, policies,	29
and operations of the political subdivision to members of the	30
public within the political subdivision and to other persons who	31
may be affected by the political subdivision.	32

(C) Except as otherwise provided in division (A)(7) of	33
section 340.03 or division (A)(12) of section 340.033 of the	34
Revised Code, no governing body of a political subdivision shall	35
use public funds to do any of the following:	36

(1) Publish, distribute, or otherwise communicate information	37
that does any of the following:	38

(b) Promotes alcoholic beverages, cigarettes or other tobacco	40
products, or any illegal product, service, or activity;	41

(c) Promotes illegal discrimination on the basis of race,	42
color, religion, national origin, handicap, age, or ancestry;	43

(d) Supports or opposes any labor organization or any action	44
by, on behalf of, or against any labor organization;	45

(e) Supports or opposes the nomination or election of a	46
candidate for public office, the investigation, prosecution, or	47
recall of a public official, or the passage of a levy or bond	48
issue.	49

(2) Compensate any employee of the political subdivision for	50
time spent on any activity to influence the outcome of an election	51
for any of the purposes described in division (C)(1)(e) of this	52
section. Division (C)(2) of this section does not prohibit the use	53
of public funds to compensate an employee of a political	54
subdivision for attending a public meeting to present information	55
about the political subdivision's finances, activities, and	56
governmental actions in a manner that is not designed to influence	57
the outcome of an election or the passage of a levy or bond issue,	58
even though the election, levy, or bond issue is discussed or	59
debated at the meeting.	60

(D) Except as otherwise provided in division (A)(7) of	61
section 340.03 or division (A)(12) of section 340.033 of the	62
Revised Code or in division (F) of this section, no person shall	63
knowingly use public funds to do any of the following:	64

(1) Publish, distribute, or otherwise communicate information	65
that supports or opposes the nomination or election of a candidate	66
for public office or the passage of a levy or bond issue;	67

(2) Compensate any employee of a political subdivision for	68
time spent on any activity to influence the outcome of an election	69
for any of the purposes described in division (D)(1) of this	70
section.	71

(E) Division (D)(2) of this section does not prohibit any of	72
the following:	73

(2) The utilization of any person's own time to speak in	81
support of or in opposition to any candidate, recall, referendum,	82
levy, or bond issue unless prohibited by any other section of the	83
Revised Code.	84

(G) Nothing in this section prohibits or restricts any	89
political subdivision from sponsoring, participating in, or doing	90
any of the following:	91

(1) Charitable or public service advertising that is not	92
commercial in nature;	93

(1) The use of public funds to compensate an employee of a	74
political subdivision for attending a public meeting to present	75
information about the political subdivision's finances,	76
activities, and governmental actions in a manner that is not	77
designed to influence the outcome of an election or the passage of	78
a levy or bond issue, even though the election, levy, or bond	79
issue is discussed or debated at the meeting;	80

(F) Division (D)(1) of this section does not prohibit the use	85
of public funds by a public officer or employee to perform the	86
officer's or employee's official duties that are expressly imposed	87
by law with respect to the officer's or employee's office.	88

(2) Advertising of exhibitions, performances, programs,	94
products, or services that are provided by employees of a	95
political subdivision or are provided at or through premises owned	96
or operated by a political subdivision;	97

(3) Licensing an interest in a name or mark that is owned or	98
controlled by the political subdivision.	99

~~(E)~~(H) As used in this section, "cigarettes" and "tobacco	100
product" have the same meanings as in section 5743.01 of the	101
Revised Code.	102

Sec. 3599.40. Except as otherwise provided in section	103
3599.39 of the Revised Code, whoever violates any provision of	104
Title XXXV of the Revised Code, unless otherwise provided in such	105
title, and whoever violates division (D) of section 9.03 of the	106
Revised Code, is guilty of a misdemeanor of the first degree.	107

Section 2. That existing sections 9.03 and 3599.40 of the	108
Revised Code are hereby repealed.	109