H. B. No. 363 As Passed by the House

Representatives Wagner, Willamowski, McGregor, Reidelbach, Sayre, Collier, Brown, Webster, Seitz, Latta, Cassell, Chandler, Coley, Domenick, Evans, C., Flowers, Gibbs, Hartnett, Hughes, Redfern, Wagoner, Yuko

A BILL

To amend section 3375.49 of the Revised Code to allow 1
the board of trustees of a law library association 2
to elect to assume responsibility for paying the 3
entire compensation of the librarian and all 4
assistant librarians of the law library despite 5
the otherwise applicable statutory payment 6
requirements for that compensation. 7

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That section 3375.49 of the Revised Code be 8
amended to read as follows: 9

       Sec. 3375.49. (A) Subject to divisions (B) and ~~(C)~~(D) of 10
this section, for the use of the law library referred to in 11
section 3375.48 of the Revised Code, the board of county 12
commissioners shall provide space in the county courthouse or in 13
any other building located in the county seat, and utilities for 14
that space. 15

       (B)(1) Subject to ~~division~~divisions (C) and (D) of this 16
section, through calendar year 2006, the board of county 17
commissioners shall be responsible for paying the compensation of 18
the librarian and up to two assistant librarians of the law 19
library appointed by the board of trustees of the law library 20
association under section 3375.48 of the Revised Code and the 21
costs of the space in the county courthouse or other building that 22
the board provides for the use of the law library under division 23
(A) of this section, the utilities for that space, and furniture 24
and fixtures for the law library. 25

       (2) In calendar years 2007 through 2010, the board of county 26
commissioners and the board of trustees shall be responsible for 27
paying the compensation of the librarian and up to two assistant 28
librarians appointed under section 3375.48 of the Revised Code and 29
the costs of the space in the county courthouse or other building 30
that the board of county commissioners provides for the use of the 31
law library under division (A) of this section, the utilities for 32
that space, and furniture and fixtures for the law library as 33
follows: 34

       (a) In calendar year 2007, the board of county commissioners 35
shall pay eighty per cent, and the board of trustees shall pay 36
twenty per cent. 37

       (b) In calendar year 2008, the board of county commissioners 38
shall pay sixty per cent, and the board of trustees shall pay 39
forty per cent. 40

       (c) In calendar year 2009, the board of county commissioners 41
shall pay forty per cent, and the board of trustees shall pay 42
sixty per cent. 43

       (d) In calendar year 2010, the board of county commissioners 44
shall pay twenty per cent, and the board of trustees shall pay 45
eighty per cent. 46

       (3) Beginning in calendar year 2011 and thereafter, the board 47
of trustees shall be responsible for paying the compensation of 48
the librarian and all assistant librarians appointed under section 49
3375.48 of the Revised Code as well as the costs of the space in 50
the county courthouse or other building that the board of county 51
commissioners provides for the use of the law library under 52
division (A) of this section, the utilities for that space, and 53
the law library's furniture and fixtures. 54

       (C) At any time prior to calendar year 2011, the board of 55
trustees of a law library association referred to in section 56
3375.48 of the Revised Code may elect to assume responsibility for 57
paying the entire compensation of the librarian and all assistant 58
librarians of the law library appointed under section 3375.48 of 59
the Revised Code. If the board of trustees elects to assume that 60
responsibility, the board of county commissioners of the county in 61
which the association is located has no further obligation under 62
division (B) of this section to make payments for the compensation 63
of the law librarian and up to two assistant librarians. 64

        (D) If the board of trustees of a law library association 65
referred to in section 3375.48 of the Revised Code rents, leases, 66
lease-purchases, or otherwise acquires space for the use of the 67
law library, or constructs, enlarges, renovates, or otherwise 68
modifies buildings or other structures to provide space for the 69
use of the law library, the board of county commissioners of the 70
county in which the association is located has no further 71
obligation under division (A) of this section to provide space in 72
the county courthouse or any other building located in the county 73
seat for the use of the law library and utilities for that space, 74
and has no further obligation under division (B) of this section 75
to make payments for the compensation of the librarian and up to 76
two assistant librarians of the law library appointed under 77
section 3375.48 of the Revised Code and for the costs of space in 78
the county courthouse or anany other building for the use of the 79
law library, the utilities for that space, and the law library's 80
furniture and fixtures. 81

       ~~(D)~~(E) The librarian of the law library shall receive and 82
safely keep in the law library the law reports and other books 83
furnished by the state for use of the court and bar. 84

       ~~(E)~~(F) The books, computer communications console that is a 85
means of access to a system of computerized legal research, 86
microform materials and equipment, videotape materials and 87
equipment, audio or visual materials and equipment, other 88
materials and equipment utilized in conducting legal research, 89
furniture, and fixtures of the law library association that are 90
owned by, and used exclusively in, the law library are exempt from 91
taxation. 92

       Section 2. That existing section 3375.49 of the Revised Code 93
is hereby repealed. 94

       Section 3. Any finding of recovery made by the Auditor of 95
State before, or on or after, the effective date of this act in 96
favor of a board of trustees of a law library association referred 97
to in section 3375.48 of the Revised Code or against a board of 98
county commissioners as the result of such a board of trustees 99
having elected to pay, in violation of current section 3375.49 of 100
the Revised Code or the version of that section in effect before 101
the effective date of the amendments to that section made by Am. 102
Sub. H.B. 66 of the 126th General Assembly, the entire amount of 103
the compensation of the law librarian and any assistant librarians 104
of its law library appointed under section 3375.48 of the Revised 105
Code is hereby declared to be null and void. Neither the 106
prosecuting attorney of the county in which the violation occurred 107
nor the Attorney General is under any obligation to act, and shall 108
not act, upon the Auditor of State's finding of recovery. 109

Section 1. That section 3375.49 of the Revised Code be	8
amended to read as follows:	9

Sec. 3375.49. (A) Subject to divisions (B) and ~~(C)~~(D) of	10
this section, for the use of the law library referred to in	11
section 3375.48 of the Revised Code, the board of county	12
commissioners shall provide space in the county courthouse or in	13
any other building located in the county seat, and utilities for	14
that space.	15

(B)(1) Subject to ~~division~~divisions (C) and (D) of this	16
section, through calendar year 2006, the board of county	17
commissioners shall be responsible for paying the compensation of	18
the librarian and up to two assistant librarians of the law	19
library appointed by the board of trustees of the law library	20
association under section 3375.48 of the Revised Code and the	21
costs of the space in the county courthouse or other building that	22
the board provides for the use of the law library under division	23
(A) of this section, the utilities for that space, and furniture	24
and fixtures for the law library.	25

(2) In calendar years 2007 through 2010, the board of county	26
commissioners and the board of trustees shall be responsible for	27
paying the compensation of the librarian and up to two assistant	28
librarians appointed under section 3375.48 of the Revised Code and	29
the costs of the space in the county courthouse or other building	30
that the board of county commissioners provides for the use of the	31
law library under division (A) of this section, the utilities for	32
that space, and furniture and fixtures for the law library as	33
follows:	34

(a) In calendar year 2007, the board of county commissioners	35
shall pay eighty per cent, and the board of trustees shall pay	36
twenty per cent.	37

(b) In calendar year 2008, the board of county commissioners	38
shall pay sixty per cent, and the board of trustees shall pay	39
forty per cent.	40

(c) In calendar year 2009, the board of county commissioners	41
shall pay forty per cent, and the board of trustees shall pay	42
sixty per cent.	43

(d) In calendar year 2010, the board of county commissioners	44
shall pay twenty per cent, and the board of trustees shall pay	45
eighty per cent.	46

(3) Beginning in calendar year 2011 and thereafter, the board	47
of trustees shall be responsible for paying the compensation of	48
the librarian and all assistant librarians appointed under section	49
3375.48 of the Revised Code as well as the costs of the space in	50
the county courthouse or other building that the board of county	51
commissioners provides for the use of the law library under	52
division (A) of this section, the utilities for that space, and	53
the law library's furniture and fixtures.	54

(C) At any time prior to calendar year 2011, the board of	55
trustees of a law library association referred to in section	56
3375.48 of the Revised Code may elect to assume responsibility for	57
paying the entire compensation of the librarian and all assistant	58
librarians of the law library appointed under section 3375.48 of	59
the Revised Code. If the board of trustees elects to assume that	60
responsibility, the board of county commissioners of the county in	61
which the association is located has no further obligation under	62
division (B) of this section to make payments for the compensation	63
of the law librarian and up to two assistant librarians.	64

(D) If the board of trustees of a law library association	65
referred to in section 3375.48 of the Revised Code rents, leases,	66
lease-purchases, or otherwise acquires space for the use of the	67
law library, or constructs, enlarges, renovates, or otherwise	68
modifies buildings or other structures to provide space for the	69
use of the law library, the board of county commissioners of the	70
county in which the association is located has no further	71
obligation under division (A) of this section to provide space in	72
the county courthouse or any other building located in the county	73
seat for the use of the law library and utilities for that space,	74
and has no further obligation under division (B) of this section	75
to make payments for the compensation of the librarian and up to	76
two assistant librarians of the law library appointed under	77
section 3375.48 of the Revised Code and for the costs of space in	78
the county courthouse or anany other building for the use of the	79
law library, the utilities for that space, and the law library's	80
furniture and fixtures.	81

~~(D)~~(E) The librarian of the law library shall receive and	82
safely keep in the law library the law reports and other books	83
furnished by the state for use of the court and bar.	84

~~(E)~~(F) The books, computer communications console that is a	85
means of access to a system of computerized legal research,	86
microform materials and equipment, videotape materials and	87
equipment, audio or visual materials and equipment, other	88
materials and equipment utilized in conducting legal research,	89
furniture, and fixtures of the law library association that are	90
owned by, and used exclusively in, the law library are exempt from	91
taxation.	92

Section 2. That existing section 3375.49 of the Revised Code	93
is hereby repealed.	94

Section 3. Any finding of recovery made by the Auditor of	95
State before, or on or after, the effective date of this act in	96
favor of a board of trustees of a law library association referred	97
to in section 3375.48 of the Revised Code or against a board of	98
county commissioners as the result of such a board of trustees	99
having elected to pay, in violation of current section 3375.49 of	100
the Revised Code or the version of that section in effect before	101
the effective date of the amendments to that section made by Am.	102
Sub. H.B. 66 of the 126th General Assembly, the entire amount of	103
the compensation of the law librarian and any assistant librarians	104
of its law library appointed under section 3375.48 of the Revised	105
Code is hereby declared to be null and void. Neither the	106
prosecuting attorney of the county in which the violation occurred	107
nor the Attorney General is under any obligation to act, and shall	108
not act, upon the Auditor of State's finding of recovery.	109