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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 |
| to publish, distribute, or otherwise communicate | 3 |
| information that supports or opposes the | 4 |
| nomination or election of a candidate for public | 5 |
| office, for the investigation, prosecution, or | 6 |
| recall of a public official, or for the passage of | 7 |
| a levy or bond issue, or to compensate any | 8 |
| employee of a political subdivision for time spent | 9 |
| on any activity to influence the outcome of an | 10 |
| election for any of the purposes described above | 11 |
| and to specify that a person who violates the | 12 |
| prohibition is guilty of a first degree | 13 |
| misdemeanor. | 14 |
| 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 |
| (2) It is subject to the sovereign immunity of the state. | 25 |
| (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 |
| (a) Contains defamatory, libelous, or obscene matter; | 39 |
| (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, no person shall knowingly use public funds to do any | 63 |
| 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, the investigation, prosecution, or recall of a | 67 |
| public official, or the passage of a levy or bond issue; | 68 |
| (2) Compensate any employee of a political subdivision for | 69 |
| time spent on any activity to influence the outcome of an election | 70 |
| for any of the purposes described in division (D)(1) of this | 71 |
| section. Division (D)(2) of this section does not prohibit the use | 72 |
| of public funds to compensate an employee of a political | 73 |
| subdivision for attending a public meeting to present information | 74 |
| about the political subdivision's finances, activities, and | 75 |
| governmental actions in a manner that is not designed to influence | 76 |
| the outcome of an election or the passage of a levy or bond issue, | 77 |
| even though the election, levy, or bond issue is discussed or | 78 |
| debated at the meeting. | 79 |
| (E) Nothing in this section prohibits or restricts any | 80 |
| political subdivision from sponsoring, participating in, or doing | 81 |
| any of the following: | 82 |
| (1) Charitable or public service advertising that is not | 83 |
| commercial in nature; | 84 |
| (2) Advertising of exhibitions, performances, programs, | 85 |
| products, or services that are provided by employees of a | 86 |
| political subdivision or are provided at or through premises owned | 87 |
| or operated by a political subdivision; | 88 |
| (3) Licensing an interest in a name or mark that is owned or | 89 |
| controlled by the political subdivision. | 90 |
| | 91 |
| product" have the same meanings as in section 5743.01 of the | 92 |
| Revised Code. | 93 |
| Sec. 3599.40. Except as otherwise provided in section | 94 |
| 3599.39 of the Revised Code, whoever violates any provision of | 95 |
| Title XXXV of the Revised Code, unless otherwise provided in such | 96 |
| title, and whoever violates division (D) of section 9.03 of the | 97 |
| Revised Code, is guilty of a misdemeanor of the first degree. | 98 |
| Section 2. That existing sections 9.03 and 3599.40 of the | 99 |
| Revised Code are hereby repealed. | 100 |