2006 Ohio Revised Code - 3599.03. Limitations on use of corporate or union funds or property for political purposes.
(A) (1) Except to carry on activities specified in sections 3517.082 [3517.08.2] and 3517.1011 [3517.10.11], division (A)(2) of section 3517.1012 [3517.10.12], division (B) of section 3517.1013 [3517.10.13], and section 3599.031 [3599.03.1] of the Revised Code and except as provided in divisions (D), (E), and (F) of this section, no corporation, no nonprofit corporation, and no labor organization, directly or indirectly, shall pay or use, or offer, advise, consent, or agree to pay or use, the corporation's money or property, or the labor organization's money, including dues, initiation fees, or other assessments paid by members, or property, for or in aid of or opposition to a political party, a candidate for election or nomination to public office, a political action committee including a political action committee of the corporation or labor organization, a legislative campaign fund, or any organization that supports or opposes any such candidate, or for any partisan political purpose, shall violate any law requiring the filing of an affidavit or statement respecting such use of those funds, or shall pay or use the corporation's or labor organization's money for the expenses of a social fund-raising event for its political action committee if an employee's or labor organization member's right to attend such an event is predicated on the employee's or member's contribution to the corporation's or labor organization's political action committee.
(2) Whoever violates division (A)(1) of this section shall be fined not less than five hundred nor more than five thousand dollars.
(B) (1) No officer, stockholder, attorney, or agent of a corporation or nonprofit corporation, no member, including an officer, attorney, or agent, of a labor organization, and no candidate, political party official, or other individual shall knowingly aid, advise, solicit, or receive money or other property in violation of division (A)(1) of this section.
(2) Whoever violates division (B)(1) of this section shall be fined not more than one thousand dollars, or imprisoned not more than one year, or both.
(C) A corporation, a nonprofit corporation, or a labor organization may use its funds or property for or in aid of or opposition to a proposed or certified ballot issue. Such use of funds or property shall be reported on a form prescribed by the secretary of state. Reports of contributions in connection with statewide ballot issues shall be filed with the secretary of state. Reports of contributions in connection with local issues shall be filed with the board of elections of the most populous county of the district in which the issue is submitted or to be submitted to the electors. Reports made pursuant to this division shall be filed by the times specified in divisions (A)(1) and (2) of section 3517.10 of the Revised Code.
(D) (1) Any gift made pursuant to section 3517.101 [3517.10.1] of the Revised Code does not constitute a violation of this section or of any other section of the Revised Code.
(2) Any gift made pursuant to division (A) (2) of section 3517.1012 [3517.10.12] of the Revised Code does not constitute a violation of this section.
(3) Any gift made pursuant to division (B) of section 3517.1013 [3517.10.13] of the Revised Code does not constitute a violation of this section.
(E) Any compensation or fees paid by a financial institution to a state political party for services rendered pursuant to division (B) of section 3517.19 of the Revised Code do not constitute a violation of this section or of any other section of the Revised Code.
(F) (1) The use by a nonprofit corporation of its money or property for communicating information for a purpose specified in division (A) of this section is not a violation of that division if the stockholders, members, donors, trustees, or officers of the nonprofit corporation are the predominant recipients of the communication.
(2) The placement of a campaign sign on the property of a corporation, nonprofit corporation, or labor organization is not a use of property in violation of division (A) of this section by that corporation, nonprofit corporation, or labor organization.
(3) The use by a corporation or labor organization of its money or property for communicating information for a purpose specified in division (A) of this section is not a violation of that division if it is not a communication made by mass broadcast such as radio or television or made by advertising in a newspaper of general circulation but is a communication sent exclusively to members, employees, officers, or trustees of that labor organization or shareholders, employees, officers, or directors of that corporation or to members of the immediate families of any such individuals or if the communication intended to be so sent exclusively is unintentionally sent as well to a de minimis number of other individuals.
(G) In addition to the laws listed in division (A) of section 4117.10 of the Revised Code that prevail over conflicting agreements between employee organizations and public employers, this section prevails over any conflicting provisions of agreements between labor organizations and public employers that are entered into on or after the effective date of this section pursuant to Chapter 4117. of the Revised Code.
(H) As used in this section, "labor organization" has the same meaning as in
section 3517.01 of the Revised Code.
HISTORY: 150 v H 1, § 1, eff. 3-31-05.
The provisions of § 3 of 151 v S 115 read as follows:
SECTION 3. This act is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety. The reason for the necessity is that the Court of Common Pleas of Franklin County has issued a preliminary injunction prohibiting the enforcement of section 3599.03 of the Revised Code, as enacted by Am. Sub. H.B. 1 of the 125th General Assembly, Special Session, in United Auto Workers Local Union 1112 v. Blackwell (March 30, 2005), Case No. O5CVH-03-2553. Therefore, this act shall go into immediate effect.
Analogous to former RC § 3599.03 (GC § 4785-192; 113 v 307(400), § 192; Bureau of Code Revision, 10-1-53; 138 v H 1062 (Eff 3-23-81); 142 v H 354 (Eff 9-22-87); 143 v S 6 (Eff 10-30-89); 146 v S 8. Eff 8-23-95), repealed 150 v H 1 (special session), § 2, eff 3-31-05.
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