As Passed by the Senate 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-SENATORS MALLORY-LATTA-WATTS-HERINGTON- 10
PRENTISS-DiDONATO-LATELL-GARDNER 11
_________________________________________________________________ 13
A B I L L
To amend section 309.10 of the Revised Code to 15
permit a board of library trustees to employ 16
legal counsel to represent the board,
irrespective of whether the prosecuting attorney 17
is able to serve or is adversely interested.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 19
Section 1. That section 309.10 of the Revised Code be 21
amended to read as follows: 22
Sec. 309.10. Sections 309.08 and 309.09 of the Revised 31
Code do not prevent a school board from employing counsel to 32
represent it, but such counsel, when so COUNSEL IS employed, THE 34
COUNSEL shall be paid by such THE school board from the school 35
fund. Such sections SECTIONS 309.08 AND 309.09 OF THE REVISED 36
CODE do not prevent a county board of mental retardation and 37
developmental disabilities from employing counsel to represent 38
it, but such counsel, when so employed, THAT COUNSEL shall be 39
employed in accordance with division (C) of section 305.14 and 41
paid in accordance with division (A)(7) of section 5126.05 of the 42
Revised Code.
Sections 309.08 and 309.09 of the Revised Code do not 44
prevent a board of county hospital trustees from employing 45
counsel with the approval of the county commissioners to bring 46
legal action for the collection of delinquent accounts of such 47
2
THE hospital, but such counsel, when so COUNSEL IS employed, THE 50
COUNSEL shall be paid from the hospital's funds. Such sections 51
SECTIONS 309.08 AND 309.09 OF THE REVISED CODE do not prevent a 52
board of library trustees from employing counsel when the 53
prosecuting attorney is unable to serve or is adversely 54
interested or when legal action is between two or more boards of 55
library trustees in the same county TO REPRESENT IT, but such 56
counsel, when so COUNSEL IS employed, THE COUNSEL shall be paid 58
from the library's funds. Such sections SECTIONS 309.08 AND
309.09 OF THE REVISED CODE do not prevent the appointment and 60
employment of assistants, clerks, and stenographers, to ASSIST 61
the prosecuting attorney as provided in sections 309.01 to 309.16 62
of the Revised Code, or the appointment by the court of common 63
pleas or the court of appeals of an attorney to assist the 64
prosecuting attorney in the trial of a criminal cause pending in 65
such THAT court, or the board of county commissioners from paying 67
such FOR THOSE services.
Section 2. That existing section 309.10 of the Revised 69
Code is hereby repealed. 70