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