[−] removed[+] addedOfficial text
[−]removed: hb505_00_IN
[+]added: hb505_01_RH
As [−]removed: Introduced
[+]added: Reported by the House Technology and Innovation Committee
136th
General Assembly
Regular
Session [+]added: Sub. H. B. No. 505
2025-2026
Representatives Odioso, Abrams
To
enact sections [−]removed: 1349.07, 1349.071, 1349.072, 1349.073, 1349.074,
1349.075, 1349.076, [+]added: 1716.30, 1716.301, 1716.302, 1716.303, 1716.304,
1716.305, 1716.306, 1716.307, 1716.308, and [−]removed: 1349.08 [+]added: 1716.309 of the Revised Code to
[−]removed: restrict [+]added: prohibit the use of funds collected through crowdfunding for [+]added: fraudulent or misleading purposes
[−]removed: other than those solicited.
[+]added: and to require crowdfunding
platforms to register with the Attorney General.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1. That
sections [−]removed: 1349.07, 1349.071, 1349.072, 1349.073, 1349.074, 1349.075,
1349.076, [+]added: 1716.30,
1716.301,
1716.302,
1716.303,
1716.304,
1716.305,
1716.306,
1716.307,
1716.308,
and [−]removed: 1349.08 [+]added: 1716.309
of the Revised Code be enacted to read as
follows:
Sec.
[−]removed: 1349.07. [+]added: 1716.30. As
used in sections [−]removed: 1349.07 [+]added: 1716.30 to [−]removed: 1349.08 [+]added: 1716.309 of the Revised Code:
(A)
"Crowdfunding" means the practice of obtaining funding by
soliciting and receiving donated funds or virtual currency from
individuals, organizations,
[…]
obtaining funding by soliciting funds to develop a
product or service, or in exchange for future delivery of, or access
to, that product or [−]removed: service.
[+]added: service;
(4)
The practice of soliciting or obtaining funds for the benefit of a
political campaign, political candidate, or political action
committee;
(5)
The practice of soliciting or obtaining funds for the benefit of a
charitable organization or charitable purpose.
(B)
"Crowdfunding organizer" means any individual [+]added: or entity
that conducts
a crowdfunding solicitation.
(C)
"Crowdfunding platform" means any publicly available web
site, software application, or online [−]removed: service, [+]added: service specifically designed
or [−]removed: money transmitter
through which [+]added: offered for use by a crowdfunding organizer [−]removed: solicits and receives [+]added: to solicit or receive
donated
[−]removed: funds through crowdfunding.
[+]added: funds.
Sec.
[−]removed: 1349.071. [+]added: 1716.301. Every
crowdfunding platform shall include in its terms of service [−]removed: both of
the following provisions:
(A)
A [+]added: a
prohibition against crowdfunding organizers using funds raised via
crowdfunding for [−]removed: any [+]added: either of the following:
[−]removed: (1)
Any purpose other than the purpose specified when soliciting or
campaigning to obtain the funds;
(2)
[+]added: (A)
Promoting or supporting [−]removed: acts [+]added: an offense of [−]removed: violence;
(3)
An unlawful purpose.
(B)
A requirement that a crowdfunding organizer do both [+]added: violence, as defined by section
2901.01 of the [−]removed: following
if it possesses excess donated funds or virtual currency after [+]added: Revised Code;
(B)
An act prohibited by the
[−]removed: stated purpose [+]added: laws of [−]removed: the crowdfunding campaign has been realized:
(1)
Sell or convert any virtual currency to United States dollars;
(2)
Remit all excess funds to the donors for the crowdfunding campaign in
amounts proportional to the donors' respective donations.
[+]added: this state.
Sec.
[−]removed: 1349.072. [+]added: 1716.302. (A)
A
crowdfunding platform shall terminate a campaign for a violation
under [−]removed: division (A) or (B) of section [−]removed: 1349.071 [+]added: 1716.301 of the Revised Code. [+]added: (B)
If
a crowdfunding platform terminates a [−]removed: campaign, [+]added: campaign for a violation of
section 1716.301 of the [+]added: Revised Code, the crowdfunding
organizer [+]added: or
beneficiary, as applicable, shall [+]added: return any withdrawn funds to the
payment service provider.
(C)
A crowdfunding platform shall use commercially reasonable efforts to
facilitate the refund [−]removed: or remit [+]added: of the funds [+]added: as described in [−]removed: accordance with division
(B) of [−]removed: section 1349.071 of [+]added: this section, including by providing operational support to the [−]removed: Revised Code [+]added: crowdfunding organizer or beneficiary to refund such funds to donors
in amounts equal to the donors' respective donations.
Sec.
1716.303. Crowdfunding
platforms shall keep complete and [−]removed: section 1349.073 [+]added: accurate records of
[+]added: all facts and
circumstances surrounding the [−]removed: Revised Code.
Sec.
1349.073. If
[+]added: fundraising and disposition of those
funds [−]removed: remitted [+]added: and virtual currency for at least three years.
Sec.
1716.304. On
or before the thirty-first day of January each year and beginning in
the second calendar year following the effective date of this
section, every crowdfunding platform operating in this state shall
submit to [+]added: the charitable law section of the office of the attorney
general a [−]removed: donor under division [+]added: report that contains all of the following information with
respect to the prior calendar year:
(A)
The number of crowdfunding campaigns that were created by an
individual in this state and that raised over ten thousand dollars
through the platform;
(B) [+]added: The total dollar amount donated for all such crowdfunding campaigns;
(C)
The total dollar amount withdrawn for use by all crowdfunding
campaigns;
(D)
The number of [+]added: crowdfunding campaigns terminated by the crowdfunding
platform for noncompliance with the requirements of section [−]removed: 1349.071 [+]added: 1716.301
of
the Revised [−]removed: Code or section 1349.072 [+]added: Code;
(E)
The reason for which each crowdfunding campaign was terminated by the
crowdfunding platform;
(F)
The total dollar amount refunded to donors for terminated
crowdfunding campaigns.
Sec.
1716.305. (A)
No crowdfunding platform shall engage in any crowdfunding unless it
has complied with the requirements of [+]added: sections 1716.30 to 1716.309 of
the Revised Code [−]removed: are unable
to be delivered to that donor, [+]added: and any rules adopted in accordance with those
sections.
(B)(1)
Every crowdfunding platform, before facilitating any crowdfunding on
and after the [−]removed: following apply:
(A)
If [+]added: effective date of this section, shall register with the [−]removed: donor's name [+]added: attorney general.
(2)
Applications for registration or renewal of registration shall be in
writing, under oath, and [−]removed: personal information are known, [+]added: in the [−]removed: funds
[+]added: form prescribed by the attorney
general.
(3)(a)
Each application shall be [−]removed: paid to [+]added: accompanied by a fee in the [−]removed: director [+]added: amount of [−]removed: commerce, [+]added: five
thousand dollars.
(b)(i)
Any corporation, partnership, association, or other entity that
intends to [−]removed: be deposited [+]added: act as
[−]removed: unclaimed funds into the unclaimed funds trust fund created under
[+]added: a crowdfunding platform may register for and pay a
single fee of five thousand dollars on behalf of all its members,
officers, employees, and agents.
(ii)
In that case, except as provided in section [−]removed: 169.05 [+]added: 1716.306 of the Revised [−]removed: Code.
(B)
If [+]added: Code, the [−]removed: donation was made anonymously [+]added: names and [+]added: addresses of all the [−]removed: donor's identity cannot
be ascertained, [+]added: corporate officers of the crowdfunding [−]removed: organizer [+]added: platform shall [−]removed: pay [+]added: be listed in the [−]removed: funds [+]added: application or furnished
to the
attorney [+]added: general.
(4)
The application shall contain any other information that the attorney
general [+]added: may require.
(C)
The registration shall be for [−]removed: deposit [+]added: a period of one year or part of one
year and expires on the thirty-first day of March each year. Upon
application and payment of the fee specified in this section, the
registration may be renewed for additional one-year periods.
(D)
All fees prescribed in this section shall be paid into the [−]removed: crime victims recovery [+]added: state
treasury to the credit of the charitable law fund
[−]removed: created [+]added: established under section [−]removed: 2929.32 [+]added: 109.32 of the Revised Code.
Sec.
[−]removed: 1349.074. Crowdfunding
[+]added: 1716.306. The
attorney general may exchange any information with respect to
crowdfunding organizers or crowdfunding platforms [−]removed: shall keep complete and accurate records [+]added: with the
appropriate authority of [+]added: any other state or of the United States. The
attorney general may accept any information filed by a crowdfunding
platform with the appropriate authority of another state or of the
United States in lieu of the information that the crowdfunding
platform is required to file pursuant to sections 1716.30 to 1716.309
of the Revised Code if the information substantially meets all [−]removed: facts and
circumstances surrounding [+]added: of the [−]removed: fundraising and disposition [+]added: requirements of [−]removed: those
funds and virtual currency for at least three years.
[+]added: sections 1716.30 to 1716.309 of the Revised Code.
Sec.
[−]removed: 1349.075. [+]added: 1716.307. The
attorney general may adopt such reasonable rules pursuant to Chapter
119. of the Revised Code as may be necessary to implement sections
1716.30 to 1716.309 of the Revised Code.
Sec.
1716.308. (A)
If, by the attorney general's own inquiries or as a result of
complaints, the attorney general has reasonable cause to believe that
a crowdfunding platform has violated section [−]removed: 1349.071 [+]added: 1716.301 of the Revised
[+]added: Code or has failed to comply with section 1716.302 or 1716.305 of the
Revised Code, the attorney general may investigate.
(B)
In any investigation conducted pursuant to this section, the attorney
general may administer oaths, subpoena witnesses, adduce evidence,
and subpoena the production of any book, document, record, or other
relevant matter.
(C)
If the attorney general under division (B) of [+]added: this section [−]removed: 1349.076 of the
Revised Code subpoenas the production of any relevant matter that is
located outside this state, the attorney general may designate a
representative, including an official of
[…]
out similar
requests received from officials of other states.
(D)
Any person who is subpoenaed to produce relevant matter pursuant to
division (B) of [+]added: this section [−]removed: 1349.076 of the Revised Code shall make that
relevant matter available at a convenient location within this state
or the state of the representative designated under division (C) of
this section.
(E)
Any person who is subpoenaed as a witness or to produce relevant
matter pursuant to division (B) of [+]added: this section [−]removed: 1349.076 of the Revised
Code may file in the court of common pleas of Franklin county, the
county in this state in which the person resides, or the county
[…]
the subpoena, whichever is earlier.
(F)
Any person who is subpoenaed as a witness or to produce relevant
matter pursuant to division (B) of [+]added: this section [−]removed: 1349.076 of the Revised
Code shall comply with the terms of the subpoena unless the court
orders otherwise prior to the date specified for the return of the
subpoena
[…]
the requested discovery;
(2)
Adjudges the person in contempt of court;
(3)
Grants injunctive relief to restrain the person from failing to
comply with [−]removed: sections 1349.071 and 1349.073 [+]added: section 1716.301 of the Revised Code;
(4)
Grants other relief that may be required until the person obeys the
subpoena.
Sec.
[−]removed: 1349.076. [+]added: 1716.309. (A)
The attorney general shall impose on a crowdfunding platform an
administrative penalty of ten thousand dollars for each time the
platform violates section [−]removed: 1349.071 [+]added: 1716.301 of the Revised Code.
(B)
The attorney general may bring a civil action in a court of common
pleas for appropriate relief under this section, including a
temporary restraining order and preliminary or permanent injunction,
for violations of section [−]removed: 1349.071 [+]added: 1716.301 of the Revised Code. If a
crowdfunding platform has violated that section more than once in a
two-year period, the attorney general may seek a civil penalty of ten
thousand dollars per violation in addition to the administrative
penalties imposed by division (A) of this section.
(C)
[+]added: The attorney general may bring a civil action in a court of common
pleas for appropriate relief under this section, including a
temporary restraining order, preliminary or permanent injunction, and
a civil penalty of up to ten thousand dollars for failure to comply
with section 1716.305 of the Revised Code.
(D)
Any penalty collected that was imposed under this section shall be
paid into the state treasury to the credit of the charitable law fund
established under section 109.32 of the Revised Code.
[−]removed: Sec.
1349.08. On
or before the thirty-first day of January each year and beginning in
the second calendar year following the effective date of this
section, every crowdfunding platform operating in this state shall
submit to the consumer protection section of the office of the
attorney general a report that contains all of the following
information with respect to the prior calendar year:
(A)
The number of crowdfunding campaigns that were initiated through the
platform;
(B)
The total dollar amount received for all crowdfunding campaigns;
(C)
The total dollar amount withdrawn for use by all crowdfunding
campaigns;
(D)
The number of crowdfunding campaigns terminated by the crowdfunding
platform for noncompliance with the crowdfunding platform's terms of
service;
(E)
The reason for which each crowdfunding campaign was terminated by the
crowdfunding platform;
(F)
The total dollar amount refunded to donors for terminated
crowdfunding campaigns;
(G)
The total dollar amount from terminated crowdfunding campaigns
deposited into the unclaimed funds trust fund created under section
169.05 of the Revised Code;
(H)
The total dollar amount deposited into the crime victims recovery
fund created under section 2929.32 of the Revised Code from
terminated crowdfunding campaigns;
(I)
The percentage of funds collected through the crowdfunding platform
that were paid to the intended recipient or utilized for the intended
purpose.