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H. B. No. 295 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Representatives Pillich, Foley
A BILL
To amend sections 101.72, 101.73, and 101.75 of the
Revised Code to require a legislative agent to
report to the Joint Legislative Ethics Committee
compensation paid to the agent by the agent's
employer.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 101.72, 101.73, and 101.75 of the
Revised Code be amended to read as follows:
Sec. 101.72. (A) Each legislative agent and employer, within
ten days following an engagement of a legislative agent, shall
file with the joint legislative ethics committee an initial
registration statement showing all of the following:
(1) The name, business address, and occupation of the
legislative agent;
(2) The name and business address of the employer and the
real party in interest on whose behalf the legislative agent is
actively advocating, if it is different from the employer. For the
purposes of division (A) of this section, where a trade
association or other charitable or fraternal organization that is
exempt from federal income taxation under subsection 501(c) of the
federal Internal Revenue Code is the employer, the statement need
not list the names and addresses of each member of the association
or organization, so long as the association or organization itself
is listed.
(3) A brief description of the type of legislation to which
the engagement relates.
(B) In addition to the initial registration statement
required by division (A) of this section, each legislative agent
and employer shall file with the joint committee, not later than
the last day of January, May, and September of each year, an
updated registration statement that confirms the continuing
existence of each engagement described in an initial registration
statement and that lists the specific bills or resolutions on
which the agent actively advocated under that engagement during
the period covered by the updated statement, and with it any
statement of expenditures required to be filed by section 101.73
of the Revised Code and any details of financial transactions
required to be filed by section 101.74 of the Revised Code.
(C) If a legislative agent is engaged by more than one
employer, the agent shall file a separate initial and updated
registration statement for each engagement. If an employer engages
more than one legislative agent, the employer need file only one
updated registration statement under division (B) of this section,
which shall contain the information required by division (B) of
this section regarding all of the legislative agents engaged by
the employer.
(D)(1) A change in any information required by division
(A)(1), (2), or (B) of this section shall be reflected in the next
updated registration statement filed under division (B) of this
section.
(2) Within thirty days after the termination of an
engagement, the legislative agent who was employed under the
engagement shall send written notification of the termination to
the joint committee.
(E) A registration fee of twenty-five dollars shall be
charged for filing an initial registration statement. The state
agency of an officer or employee who actively advocates in a
fiduciary capacity as a representative of that state agency shall
pay the registration fee required under this division. All money
collected from registration fees under this division and late
filing fees under division (G) of this section shall be deposited
into the state treasury to the credit of the joint legislative
ethics committee fund created under section 101.34 of the Revised
Code.
An officer or employee of a state agency who actively
advocates in a fiduciary capacity as a representative of that
state agency need not file expenditure statements under section
101.73 of the Revised Code. As used in this division, "state
agency" does not include a state institution of higher education
as defined in section 3345.011 of the Revised Code.
(F) Upon registration pursuant to division (A) of this
section, the legislative agent shall be issued a card by the joint
committee showing that the legislative agent is registered. The
registration card and the legislative agent's registration shall
be valid from the date of their issuance until the next
thirty-first day of December of an even-numbered year.
(G) The executive director of the joint committee shall be
responsible for reviewing each registration statement filed with
the joint committee under this section and for determining whether
the statement contains all of the information required by this
section. If the joint committee determines that the registration
statement does not contain all of the required information or that
a legislative agent or employer has failed to file a registration
statement, the joint committee shall send written notification by
certified mail to the person who filed the registration statement
regarding the deficiency in the statement or to the person who
failed to file the registration statement regarding the failure.
Any person so notified by the joint committee shall, not later
than fifteen days after receiving the notice, file a registration
statement or an amended registration statement that does contain
all of the information required by this section. If any person who
receives a notice under this division fails to file a registration
statement or such an amended registration statement within this
fifteen-day period, the joint committee shall assess a late filing
fee equal to twelve dollars and fifty cents per day, up to a
maximum of one hundred dollars, upon that person. The joint
committee may waive the late filing fee for good cause shown.
(H) On or before the fifteenth day of March of each year, the
joint committee shall, in the manner and form that it determines,
publish a report containing statistical information on the
registration statements filed with it under this section during
the preceding year.
Sec. 101.73. (A) Each legislative agent and each employer
shall file in the office of the joint legislative ethics
committee, with the updated registration statement required by
division (B) of section 101.72 of the Revised Code, a statement
of
expenditures as specified in divisions (B) and (C) of this
section. A legislative agent shall file a separate statement of
expenditures under as specified in division (B) of this section
for each employer engaging the legislative agent.
(B)(1) In addition to the information required by divisions
(B)(2) and, (3), and (4) of this section, a statement filed by a
legislative agent shall show the total amount of expenditures made
by the legislative agent during the reporting period covered by
the statement.
(2) If, during a reporting period covered by a statement, an
employer or any legislative agent the employer engaged made,
either separately or in combination with each other, either
directly or indirectly, expenditures to, at the request of, for
the benefit of, or on behalf of any particular member of the
general assembly, any particular member of the controlling board,
the governor, the director of a department created under section
121.02 of the Revised Code, or any particular member of the staff
of any of the public officers or employees listed in division
(B)(2) of this section, then the employer or legislative agent
shall also state all of the following:
(a) The name of the public officer or employee to whom, at
whose request, for whose benefit, or on whose behalf the
expenditures were made;
(b) The total amount of the expenditures made;
(c) A brief description of the expenditures made;
(d) The approximate date the expenditures were made;
(e) The specific items of legislation, if any, for which the
expenditures were made and the identity of the client on whose
behalf each expenditure was made.
As used in division (B)(2) of this section, "expenditures"
does not include expenditures made by a legislative agent as
payment for meals and other food and beverages.
(3) If, during a reporting period covered by a statement, a
legislative agent made expenditures as payment for meals and other
food and beverages, other than for meals and other food and
beverages provided to a member of the general assembly at a
meeting at which the member participated in a panel, seminar, or
speaking engagement or provided to a member of the general
assembly at a meeting or convention of a national organization to
which any state agency, including, but not limited to, any
legislative agency or state institution of higher education as
defined in section 3345.011 of the Revised Code, pays membership
dues, that, when added to the amount of previous payments made for
meals and other food and beverages by that legislative agent
during that same calendar year, exceeded a total of fifty dollars
to, at the request of, for the benefit of, or on behalf of any
particular member of the general assembly, any particular member
of the controlling board, the governor, the director of a
department created under section 121.02 of the Revised Code, or
any particular member of the staff of any of the public officers
or employees listed in division (B)(3) of this section, then the
legislative agent shall also state all of the following regarding
those expenditures:
(a) The name of the public officer or employee to whom, at
whose request, for whose benefit, or on whose behalf the
expenditures were made;
(b) The total amount of the expenditures made;
(c) A brief description of the expenditures made;
(d) The approximate date the expenditures were made;
(e) The specific items of legislation, if any, for which the
expenditures were made and the identity of the client on whose
behalf each expenditure was made.
(4) If, during a reporting period covered by a statement, a
legislative agent is paid compensation by an employer, the
legislative agent shall state on the statement the amount of the
compensation paid to the legislative agent and the name and
business address of the employer who paid the legislative agent
the compensation.
(C) In addition to the information required by divisions
(B)(2) and (3) of this section, a statement filed by an employer
shall show the total amount of expenditures made by the employer
filing the statement during the period covered by the statement.
As used in this section, "expenditures" does not include the
expenses of maintaining office facilities or the compensation paid
to legislative agents engaged by an employer.
No employer is required to show any expenditure on a
statement filed under this division if the expenditure is reported
on a statement filed under division (B) of this section by a
legislative agent engaged by the employer.
(D) Any statement required to be filed under this section
shall be filed at the times specified in section 101.72 of the
Revised Code. Each statement shall cover expenditures made
and
compensation paid during the four-calendar-month period that ended
on the last day of the month immediately preceding the month in
which the statement is required to be filed.
No portion of the amount of an expenditure for a dinner,
party, or other function sponsored by an employer or legislative
agent need be attributed to, or counted toward the amount for, a
reporting period specified in division (B)(2) or (3) of this
section if the sponsor has invited to the function all the members
of either of the following:
(1) The general assembly;
(2) Either house of the general assembly.
However, the amount spent for such function and its date and
purpose shall be reported separately on the statement required to
be filed under this section and the amount spent for the function
shall be added with other expenditures for the purpose of
determining the total amount of expenditures reported in the
statement under division (B)(1) or (C) of this section.
If it is impractical or impossible for a legislative agent or
employer to determine exact dollar amounts or values of
expenditures, reporting of good faith estimates, based upon
reasonable accounting procedures, constitutes compliance with this
section.
(E) All legislative agents and employers shall retain
receipts or maintain records for all expenditures that are
required to be reported pursuant to this section. All legislative
agents shall maintain records of compensation paid to them by
employers. These receipts or records shall be maintained for a
period ending on the thirty-first day of December of the second
calendar year after the year in which the expenditure was made or
the compensation was paid.
(F)(1) An employer or legislative agent who is required to
file an expenditure a statement under division (B) or (C) of this
section shall deliver a copy of the statement, or of the portion
showing the an expenditure, to the public officer or employee who
is listed in the statement as having received the expenditure or
on whose behalf it was made, at least ten days before the date on
which the statement is filed.
(2) If, during a reporting period covered by an expenditure
a
statement filed under division (B)(2) of this section, an employer
or any legislative agent the employer engaged made, either
separately or in combination with each other, either directly or
indirectly, expenditures for transportation, lodging, or food and
beverages purchased for consumption on the premises in which the
food and beverages were sold to, at the request of, for the
benefit of, or on behalf of any of the public officers or
employees described in division (B)(2) of this section, the
employer or legislative agent shall deliver to the public officer
or employee a statement that contains all of the nondisputed
information prescribed in division (B)(2)(a) through (e) of this
section with respect to the expenditures described in division
(F)(2) of this section. The statement of expenditures made under
division (F)(2) of this section shall be delivered to the public
officer or employee to whom, at whose request, for whose benefit,
or on whose behalf those expenditures were made on the same day in
which a copy of the expenditure statement or of a portion showing
the expenditure is delivered to the public officer or employee
under division (F)(1) of this section. An employer is not required
to show any expenditure on a statement delivered under division
(F)(2) of this section if the expenditure is shown on a statement
delivered under division (F)(2) of this section by a legislative
agent engaged by the employer.
Sec. 101.75. If a dispute arises between any member of the
general assembly, any member of the controlling board, or a member
of the staff of the general assembly or controlling board and an
employer or legislative agent with respect to an expenditure or
financial transaction alleged in any statement to be filed under
section 101.73 or 101.74 of the Revised Code, the member,
employer, or legislative agent may file a complaint with the joint
legislative ethics committee. The committee shall proceed to
investigate the complaint as provided for other complaints in
section 101.34 of the Revised Code.
The complaint shall be filed at least three days prior to the
time the statement is required to be filed with the joint
legislative ethics committee. The time for filing a disputed
expenditure or financial transaction in any statement of
expenditures or the details of a financial transaction shall be
extended pending the final decision of the joint committee. This
extension does not extend the time for filing the nondisputed
portions of an expenditure a statement or of the details of a
financial transaction. The joint committee shall notify the
parties of its final decision by certified mail. If the committee
decides that the disputed expenditure or financial transaction
should be reported, the employer or legislative agent shall
include the matter in an amended statement and file the amended
statement not later than ten days after the employer or agent
receives notice of the decision of the committee by certified
mail.
An employer or legislative agent who files a false statement
of expenditures or details of a financial transaction is liable in
a civil action to any public officer or employee who sustains
damage as a result of the filing or publication of the statement.
Section 2. That existing sections 101.72, 101.73, and 101.75
of the Revised Code are hereby repealed.
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