130th Ohio General Assembly
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(123rd General Assembly)
(House Bill Number 400)



AN ACT
To amend section 309.10 of the Revised Code to permit a board of library trustees to employ legal counsel to represent the board, irrespective of whether the prosecuting attorney is able to serve or is adversely interested.

Be it enacted by the General Assembly of the State of Ohio:

SECTION 1 .  That section 309.10 of the Revised Code be amended to read as follows:

Sec. 309.10.  Sections 309.08 and 309.09 of the Revised Code do not prevent a school board from employing counsel to represent it, but such counsel, when so counsel is employed, the counsel shall be paid by such the school board from the school fund. Such sections Sections 309.08 and 309.09 of the Revised Code do not prevent a county board of mental retardation and developmental disabilities from employing counsel to represent it, but such counsel, when so employed, that counsel shall be employed in accordance with division (C) of section 305.14 and paid in accordance with division (A)(7) of section 5126.05 of the Revised Code.

Sections 309.08 and 309.09 of the Revised Code do not prevent a board of county hospital trustees from employing counsel with the approval of the county commissioners to bring legal action for the collection of delinquent accounts of such the hospital, but such counsel, when so counsel is employed, the counsel shall be paid from the hospital's funds. Such sections Sections 309.08 and 309.09 of the Revised Code do not prevent a board of library trustees from employing counsel when the prosecuting attorney is unable to serve or is adversely interested or when legal action is between two or more boards of library trustees in the same county to represent it, but such counsel, when so counsel is employed, the counsel shall be paid from the library's funds. Such sections Sections 309.08 and 309.09 of the Revised Code do not prevent the appointment and employment of assistants, clerks, and stenographers, to assist the prosecuting attorney as provided in sections 309.01 to 309.16 of the Revised Code, or the appointment by the court of common pleas or the court of appeals of an attorney to assist the prosecuting attorney in the trial of a criminal cause pending in such that court, or the board of county commissioners from paying such for those services.

SECTION 2 .  That existing section 309.10 of the Revised Code is hereby repealed.

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