As Introduced                            1            

123rd General Assembly                                             4            

   Regular Session                              H. B. No. 400      5            

      1999-2000                                                    6            


                     REPRESENTATIVE SALERNO                        8            


_________________________________________________________________   9            

                          A   B I L L                                           

             To amend section 309.10 of the Revised Code to        11           

                permit a board of library trustees to employ       12           

                legal counsel to represent the board,                           

                irrespective of whether the prosecuting attorney   13           

                is able to serve or is adversely interested.                    




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        15           

      Section 1.  That section 309.10 of the Revised Code be       17           

amended to read as follows:                                        18           

      Sec. 309.10.  Sections 309.08 and 309.09 of the Revised      27           

Code do not prevent a school board from employing counsel to       28           

represent it, but such counsel, when so COUNSEL IS employed, THE   30           

COUNSEL shall be paid by such THE school board from the school     31           

fund.  Such sections SECTIONS 309.08 AND 309.09 OF THE REVISED     32           

CODE do not prevent a county board of mental retardation and       33           

developmental disabilities from employing counsel to represent     34           

it, but such counsel, when so employed, THAT COUNSEL shall be      35           

employed in accordance with division (C) of section 305.14 and     37           

paid in accordance with division (A)(7) of section 5126.05 of the  38           

Revised Code.                                                                   

      Sections 309.08 and 309.09 of the Revised Code do not        40           

prevent a board of county hospital trustees from employing         41           

counsel with the approval of the county commissioners to bring     42           

legal action for the collection of delinquent accounts of such     43           

THE hospital, but such counsel, when so COUNSEL IS employed, THE   46           

COUNSEL shall be paid from the hospital's funds.  Such sections    47           

SECTIONS 309.08 AND 309.09 OF THE REVISED CODE do not prevent a    48           

                                                          2      


                                                                 
board of library trustees from employing counsel when the          49           

prosecuting attorney is unable to serve or is adversely            50           

interested or when legal action is between two or more boards of   51           

library trustees in the same county TO REPRESENT IT, but such      52           

counsel, when so COUNSEL IS employed, THE COUNSEL shall be paid    54           

from the library's funds.  Such sections SECTIONS 309.08 AND                    

309.09 OF THE REVISED CODE do not prevent the appointment and      56           

employment of assistants, clerks, and stenographers, to ASSIST     57           

the prosecuting attorney as provided in sections 309.01 to 309.16  58           

of the Revised Code, or the appointment by the court of common     59           

pleas or the court of appeals of an attorney to assist the         60           

prosecuting attorney in the trial of a criminal cause pending in   61           

such THAT court, or the board of county commissioners from paying  63           

such FOR THOSE services.                                                        

      Section 2.  That existing section 309.10 of the Revised      65           

Code is hereby repealed.                                           66