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Sub. H. B. No. 326 As Passed by the SenateAs Passed by the Senate
|129th General Assembly|
Representatives McClain, Hill
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
Senators LaRose, Eklund, Bacon, Balderson, Burke, Hite, Hughes, Jones, Jordan, Manning, Obhof, Patton, Peterson, Schaffer, Wagoner, Widener
To amend sections 9.03 and 3599.40 of the Revised
Code to generally prohibit any person from
knowingly conducting any transaction of public
funds to the benefit of any campaign committee,
political action committee, legislative campaign
fund, political party, campaign fund, political
committee, separate segregated fund, or candidate.
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
be amended to read as follows:
Sec. 9.03. (A) As used in this section
(1) "Political subdivision" means any body corporate and
politic, except a municipal corporation that has adopted a charter
under Section 7 of Article XVIII, Ohio Constitution, and except a
county that has adopted a charter under Sections 3 and 4 of
Article X, Ohio Constitution, to which both of the following
(1)(a) It is responsible for governmental activities only in
a geographic area smaller than the state.
(2)(b) It is subject to the sovereign immunity of the state.
(2) "Cigarettes" and "tobacco product" have the same meanings
as in section 5743.01 of the Revised Code.
(3) "Transaction" has the same meaning as in section 1315.51
of the Revised Code.
(4) "Campaign committee," "campaign fund," "candidate,"
"legislative campaign fund," "political action committee,"
"political committee," "political party," and "separate segregated
fund" have the same meanings as in section 3517.01 of the Revised
(B) Except as otherwise provided in division (C) of this
section, the governing body of a political subdivision may use
public funds to publish and distribute newsletters, or to use any
other means, to communicate information about the plans, policies,
and operations of the political subdivision to members of the
public within the political subdivision and to other persons who
may be affected by the political subdivision.
(C) Except as otherwise provided in division (A)(7) of
section 340.03 or division (A)(12) of section 340.033 of the
Revised Code, no governing body of a political subdivision shall
use public funds to do any of the following:
(1) Publish, distribute, or otherwise communicate information
that does any of the following:
(a) Contains defamatory, libelous, or obscene matter;
(b) Promotes alcoholic beverages, cigarettes or other tobacco
products, or any illegal product, service, or activity;
(c) Promotes illegal discrimination on the basis of race,
color, religion, national origin, handicap, age, or ancestry;
(d) Supports or opposes any labor organization or any action
by, on behalf of, or against any labor organization;
(e) Supports or opposes the nomination or election of a
candidate for public office, the investigation, prosecution, or
recall of a public official, or the passage of a levy or bond
(2) Compensate any employee of the political subdivision for
time spent on any activity to influence the outcome of an election
for any of the purposes described in division (C)(1)(e) of this
section. Division (C)(2) of this section does not prohibit the use
of public funds to compensate an employee of a political
subdivision for attending a public meeting to present information
about the political subdivision's finances, activities, and
governmental actions in a manner that is not designed to influence
the outcome of an election or the passage of a levy or bond issue,
even though the election, levy, or bond issue is discussed or
debated at the meeting.
(D) Except as otherwise provided in division (A)(7) of
section 340.03 or division (A)(12) of section 340.033 of the
Revised Code or in division (E) of this section, no person shall
knowingly conduct a direct or indirect transaction of public funds
to the benefit of any of the following:
(1) A campaign committee;
(2) A political action committee;
(3) A legislative campaign fund;
(6) A political committee;
(7) A separate segregated fund;
(E) Division (D) of this section does not prohibit the
utilization of any person's own time to speak in support of or in
opposition to any candidate, recall, referendum, levy, or bond
issue unless prohibited by any other section of the Revised Code.
(F) Nothing in this section prohibits or restricts any
political subdivision from sponsoring, participating in, or doing
any of the following:
(1) Charitable or public service advertising that is not
commercial in nature;
(2) Advertising of exhibitions, performances, programs,
products, or services that are provided by employees of a
political subdivision or are provided at or through premises owned
or operated by a political subdivision;
(3) Licensing an interest in a name or mark that is owned or
controlled by the political subdivision.
(E) As used in this section, "cigarettes" and "tobacco
product" have the same meanings as in section 5743.01 of the
(G) Whoever violates division (D) of this section shall be
punished as provided in section 3599.40 of the Revised Code.
Sec. 3599.40. Except as otherwise provided in section
3599.39 of the Revised Code, whoever violates any provision of
Title XXXV of the Revised Code, unless otherwise provided in such
title, and whoever violates division (D) of section 9.03 of the
Revised Code, is guilty of a misdemeanor of the first degree.
Section 2. That existing sections 9.03 and 3599.40 of the
Revised Code are hereby repealed.