130th Ohio General Assembly
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H. B. No. 363  As Introduced
As Introduced

126th General Assembly
Regular Session
2005-2006
H. B. No. 363


Representatives Wagner, Willamowski, McGregor, Reidelbach, Sayre, Collier, Brown, Webster, Seitz, Latta 



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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3375.49 of the Revised Code be amended to read as follows:
Sec. 3375.49.  (A) Subject to divisions (B) and (C)(D) of this section, for the use of the law library referred to in section 3375.48 of the Revised Code, the board of county commissioners shall provide space in the county courthouse or in any other building located in the county seat, and utilities for that space.
(B)(1) Subject to division divisions (C) and (D) of this section, through calendar year 2006, the board of county commissioners shall be responsible for paying the compensation of the librarian and up to two assistant librarians of the law library appointed by the board of trustees of the law library association under section 3375.48 of the Revised Code and the costs of the space in the county courthouse or other building that the board provides for the use of the law library under division (A) of this section, the utilities for that space, and furniture and fixtures for the law library.
(2) In calendar years 2007 through 2010, the board of county commissioners and the board of trustees shall be responsible for paying the compensation of the librarian and up to two assistant librarians appointed under section 3375.48 of the Revised Code and the costs of the space in the county courthouse or other building that the board of county commissioners provides for the use of the law library under division (A) of this section, the utilities for that space, and furniture and fixtures for the law library as follows:
(a) In calendar year 2007, the board of county commissioners shall pay eighty per cent, and the board of trustees shall pay twenty per cent.
(b) In calendar year 2008, the board of county commissioners shall pay sixty per cent, and the board of trustees shall pay forty per cent.
(c) In calendar year 2009, the board of county commissioners shall pay forty per cent, and the board of trustees shall pay sixty per cent.
(d) In calendar year 2010, the board of county commissioners shall pay twenty per cent, and the board of trustees shall pay eighty per cent.
(3) Beginning in calendar year 2011 and thereafter, the board of trustees shall be responsible for paying the compensation of the librarian and all assistant librarians appointed under section 3375.48 of the Revised Code as well as the costs of the space in the county courthouse or other building that the board of county commissioners provides for the use of the law library under division (A) of this section, the utilities for that space, and the law library's furniture and fixtures.
(C) At any time prior to calendar year 2011, the board of trustees of a law library association referred to in section 3375.48 of the Revised Code may elect to assume responsibility for paying the entire compensation of the librarian and all assistant librarians of the law library appointed under section 3375.48 of the Revised Code. If the board of trustees elects to assume that responsibility, the board of county commissioners of the county in which the association is located has no further obligation under division (B) of this section to make payments for the compensation of the law librarian and up to two assistant librarians.
(D) If the board of trustees of a law library association referred to in section 3375.48 of the Revised Code rents, leases, lease-purchases, or otherwise acquires space for the use of the law library, or constructs, enlarges, renovates, or otherwise modifies buildings or other structures to provide space for the use of the law library, the board of county commissioners of the county in which the association is located has no further obligation under division (A) of this section to provide space in the county courthouse or any other building located in the county seat for the use of the law library and utilities for that space, and has no further obligation under division (B) of this section to make payments for the compensation of the librarian and up to two assistant librarians of the law library appointed under section 3375.48 of the Revised Code and for the costs of space in the county courthouse or an any other building for the use of the law library, the utilities for that space, and the law library's furniture and fixtures.
(D)(E) The librarian of the law library shall receive and safely keep in the law library the law reports and other books furnished by the state for use of the court and bar.
(E)(F) The books, computer communications console that is a means of access to a system of computerized legal research, microform materials and equipment, videotape materials and equipment, audio or visual materials and equipment, other materials and equipment utilized in conducting legal research, furniture, and fixtures of the law library association that are owned by, and used exclusively in, the law library are exempt from taxation.
Section 2. That existing section 3375.49 of the Revised Code is hereby repealed.
Section 3. Any finding of recovery made by the Auditor of State before, or on or after, the effective date of this act in favor of a board of trustees of a law library association referred to in section 3375.48 of the Revised Code or against a board of county commissioners as the result of such a board of trustees having elected to pay, in violation of current section 3375.49 of the Revised Code or the version of that section in effect before the effective date of the amendments to that section made by Am. Sub. H.B. 66 of the 126th General Assembly, the entire amount of the compensation of the law librarian and any assistant librarians of its law library appointed under section 3375.48 of the Revised Code is hereby declared to be null and void. Neither the prosecuting attorney of the county in which the violation occurred nor the Attorney General is under any obligation to act, and shall not act, upon the Auditor of State's finding of recovery.
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