As Reported by the Senate Judiciary Committee 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-SENATOR MALLORY 10
_________________________________________________________________ 12
A B I L L
To amend section 309.10 of the Revised Code to 14
permit a board of library trustees to employ 15
legal counsel to represent the board,
irrespective of whether the prosecuting attorney 16
is able to serve or is adversely interested.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 18
Section 1. That section 309.10 of the Revised Code be 20
amended to read as follows: 21
Sec. 309.10. Sections 309.08 and 309.09 of the Revised 30
Code do not prevent a school board from employing counsel to 31
represent it, but such counsel, when so COUNSEL IS employed, THE 33
COUNSEL shall be paid by such THE school board from the school 34
fund. Such sections SECTIONS 309.08 AND 309.09 OF THE REVISED 35
CODE do not prevent a county board of mental retardation and 36
developmental disabilities from employing counsel to represent 37
it, but such counsel, when so employed, THAT COUNSEL shall be 38
employed in accordance with division (C) of section 305.14 and 40
paid in accordance with division (A)(7) of section 5126.05 of the 41
Revised Code.
Sections 309.08 and 309.09 of the Revised Code do not 43
prevent a board of county hospital trustees from employing 44
counsel with the approval of the county commissioners to bring 45
legal action for the collection of delinquent accounts of such 46
THE hospital, but such counsel, when so COUNSEL IS employed, THE 49
2
COUNSEL shall be paid from the hospital's funds. Such sections 50
SECTIONS 309.08 AND 309.09 OF THE REVISED CODE do not prevent a 51
board of library trustees from employing counsel when the 52
prosecuting attorney is unable to serve or is adversely 53
interested or when legal action is between two or more boards of 54
library trustees in the same county TO REPRESENT IT, but such 55
counsel, when so COUNSEL IS employed, THE COUNSEL shall be paid 57
from the library's funds. Such sections SECTIONS 309.08 AND
309.09 OF THE REVISED CODE do not prevent the appointment and 59
employment of assistants, clerks, and stenographers, to ASSIST 60
the prosecuting attorney as provided in sections 309.01 to 309.16 61
of the Revised Code, or the appointment by the court of common 62
pleas or the court of appeals of an attorney to assist the 63
prosecuting attorney in the trial of a criminal cause pending in 64
such THAT court, or the board of county commissioners from paying 66
such FOR THOSE services.
Section 2. That existing section 309.10 of the Revised 68
Code is hereby repealed. 69