As Passed by the House 1
123rd General Assembly 4
Regular Session H. B. No. 400 5
1999-2000 6
REPRESENTATIVES SALERNO-CALLENDER-PETERSON-TERWILLEGER-TIBERI- 8
O'BRIEN-JOLIVETTE-EVANS-DISTEL-PERRY-DAMSCHRODER-WILLAMOWSKI- 9
CORBIN-MEAD 10
_________________________________________________________________ 11
A B I L L
To amend section 309.10 of the Revised Code to 13
permit a board of library trustees to employ 14
legal counsel to represent the board,
irrespective of whether the prosecuting attorney 15
is able to serve or is adversely interested.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 17
Section 1. That section 309.10 of the Revised Code be 19
amended to read as follows: 20
Sec. 309.10. Sections 309.08 and 309.09 of the Revised 29
Code do not prevent a school board from employing counsel to 30
represent it, but such counsel, when so COUNSEL IS employed, THE 32
COUNSEL shall be paid by such THE school board from the school 33
fund. Such sections SECTIONS 309.08 AND 309.09 OF THE REVISED 34
CODE do not prevent a county board of mental retardation and 35
developmental disabilities from employing counsel to represent 36
it, but such counsel, when so employed, THAT COUNSEL shall be 37
employed in accordance with division (C) of section 305.14 and 39
paid in accordance with division (A)(7) of section 5126.05 of the 40
Revised Code.
Sections 309.08 and 309.09 of the Revised Code do not 42
prevent a board of county hospital trustees from employing 43
counsel with the approval of the county commissioners to bring 44
legal action for the collection of delinquent accounts of such 45
THE hospital, but such counsel, when so COUNSEL IS employed, THE 48
2
COUNSEL shall be paid from the hospital's funds. Such sections 49
SECTIONS 309.08 AND 309.09 OF THE REVISED CODE do not prevent a 50
board of library trustees from employing counsel when the 51
prosecuting attorney is unable to serve or is adversely 52
interested or when legal action is between two or more boards of 53
library trustees in the same county TO REPRESENT IT, but such 54
counsel, when so COUNSEL IS employed, THE COUNSEL shall be paid 56
from the library's funds. Such sections SECTIONS 309.08 AND
309.09 OF THE REVISED CODE do not prevent the appointment and 58
employment of assistants, clerks, and stenographers, to ASSIST 59
the prosecuting attorney as provided in sections 309.01 to 309.16 60
of the Revised Code, or the appointment by the court of common 61
pleas or the court of appeals of an attorney to assist the 62
prosecuting attorney in the trial of a criminal cause pending in 63
such THAT court, or the board of county commissioners from paying 65
such FOR THOSE services.
Section 2. That existing section 309.10 of the Revised 67
Code is hereby repealed. 68