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