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H. B. No. 336 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Phillips, Pillich, Domenick, Patten, Williams, B., Yuko, Winburn, Bolon
A BILL
To amend section 3517.092 of the Revised Code 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3517.092 of the Revised Code be
amended to read as follows:
Sec. 3517.092. (A) As used in this section:
(1) "Appointing authority" has the same
meaning as in section
124.01 of the Revised
Code.
(2) "State elected officer" means any person
appointed or
elected to a state elective office.
(3) "State elective office" means any of the
offices of
governor, lieutenant governor, secretary of state,
auditor of
state, treasurer of state, attorney general, member of the state
board of education, member of
the general assembly, and justice
and chief justice of the
supreme court.
(4) "Contribution" includes a contribution to any political
party, campaign
committee, political action committee, political
contributing entity, or legislative campaign fund.
(B)(1) No state elected officer, no campaign
committee of
such an officer, no employee of the state elected officer's
office, and no other person or entity shall
knowingly solicit a
contribution
to a state elected officer or to such an officer's
campaign committee, and no state elected officer and no campaign
committee of such an officer shall accept a contribution, from any
of the following:
(a) A state employee whose appointing authority is the
state
elected officer;
(b) A state employee whose appointing authority is
authorized
or required by law to be appointed by the state
elected officer;
(c) A state employee who functions in or is employed in
or by
the same public agency, department, division, or office as
the
state elected officer.
(2) No candidate for a state elective office, no campaign
committee of such a candidate, no employee of the candidate's
office if the candidate is a state elected officer or an elected
officer of a political subdivision of the state, and no
other
person or entity shall knowingly solicit a contribution to a
candidate for a state elective office or to such a candidate's
campaign committee, and no candidate for a state elective office
and no campaign committee of such a candidate shall accept a
contribution, from any of the following:
(a) A state employee at the time of the solicitation,
whose
appointing authority will be the candidate, if elected;
(b) A state employee at the time of the solicitation,
whose
appointing authority will be appointed by the candidate, if
elected, as authorized or required by law;
(c) A state employee at the time of the solicitation,
who
will function in or be employed in or by the same public
agency,
department, division, or office as the candidate, if
elected.
(C)(1) No elected officer of a political subdivision of the
state, no campaign
committee of such an officer, no employee of
such an officer's office, and no other person or entity
shall
knowingly solicit a contribution to an elected officer of a
political subdivision of the state or to such an officer's
campaign committee, and no elected officer of a political
subdivision of the state and no campaign committee of such an
officer shall accept a contribution, from any of
the following:
(a) An employee of that political subdivision whose
appointing authority is that elected officer;
(b) An employee of that political subdivision whose
appointing authority is
authorized or required by law to be
appointed by that
elected officer;
(c) An employee of that political subdivision who functions
in or is employed
in or by the same public agency, department,
division, or office
as that elected officer.
(2) No candidate for an elective office of a political
subdivision of the state, no campaign committee of such
a
candidate, no employee of the candidate's office if the candidate
is a state elected officer or elected officer of a political
subdivision of the state,
and no other person or entity shall
knowingly solicit a contribution to a candidate for an elective
office of a political subdivision of the state or to such a
candidate's campaign
committee, and no candidate for an elective
office of a political subdivision of the state and no campaign
committee of such a candidate shall accept a contribution, from
any of the following:
(a) An employee of that political subdivision at the time of
the solicitation,
whose appointing authority will be the
candidate, if elected;
(b) An employee of that political subdivision at the time of
the solicitation,
whose appointing authority will be appointed by
the candidate, if
elected, as authorized or required by law;
(c) An employee of that political subdivision at the time of
the solicitation,
who will function in or be employed in or by the
same public
agency, department, division, or office as the
candidate, if
elected.
(D)(1) No public employee shall solicit a contribution from
any person while
the public employee is performing the public
employee's
official duties or in those areas of a
public building
where official business is transacted or conducted.
(2) No person shall solicit a contribution from any public
employee while the
public employee is performing the public
employee's official
duties or is in those areas of a
public
building where official business is
transacted or conducted.
(3) As used in division (D) of this section, "public
employee" does not
include any person holding an elective office.
(E) The prohibitions in divisions (B),
(C), and (D) of this
section are
in addition to the prohibitions in sections 124.57,
3304.22, and
4503.032 of the Revised Code.
Section 2. That existing section 3517.092 of the Revised
Code is hereby repealed.
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