S.B.
345
127th General Assembly
(As Introduced)
Sens. Goodman, Wagoner, Kearney, Padgett, Schuring, Seitz, Faber, Wilson, Roberts, Fedor, Boccieri, Stivers
BILL SUMMARY
· Creates in each county a county law library resources board to provide legal research, reference, and a library to the county and its municipal corporations, townships, and courts and sets forth the board's membership and requirements.
· Creates a county law library resources fund in each county treasury to receive all revenue that is required to be deposited into the fund, appropriated to the fund from the general fund by the board of county commissioners, or designated for deposit by gift or bequest.
· Requires a library resources board to prepare an annual estimate of revenue and expenditures of the board beginning with the calendar year commencing January 1, 2010, specifying that the estimate of revenue must clearly state the course of the revenue and must include a specific request for moneys to be appropriated for the ensuing fiscal year.
· Provides that the boards of county commissioners of two or more adjacent counties may form a multi-county law library resources commission to carry out any or all of the duties and responsibilities conferred upon a library resources board.
· Requires the board of county commissioners during calendar year 2009 to compensate the librarian and up to two assistant librarians appointed by the board of trustees of the law library association and pay for the costs of the space and utilities in the county courthouse or other building that the board provides for the use of the law library during calendar year 2009 and repeals the law establishing those responsibilities effective December 31, 2009.
· Requires that beginning January 1, 2010, the allowance to law libraries from fines and penalties collected in municipal courts, county courts, courts of common pleas, and probate courts and from fines and penalties for violations of liquor laws and state traffic laws be deposited in the county law library resources fund.
· Creates a Statewide Consortium of County Law Library Resources Boards that is comprised of the library resources boards of each county, creates a Consortium Board, and specifies the membership and responsibilities of the Consortium Board.
· Creates the Statewide Consortium of County Law Library Resources Boards Fund.
· Reconstitutes the Task Force of Law Library Associations that was created pursuant to Section 503.66 of Am. Sub. H.B. 66 of the 126th General Assembly.
· Requires a law library association, on or before January 1, 2010, to transfer all unspent fines and penalties in the law library's general fund and retained moneys collected by the law library association and all personal property that the law library association can reasonably identify as having been purchased by the fines and penalties in the law library's general fund or retained moneys collected by the law library association to the library resources board in the county in which the law library association is located.
· Requires the law library association to retain all dedicated moneys or personal property that were not purchased with the fines and penalties in the law library's general revenue fund or retained moneys fund.
TABLE OF CONTENTS
County law library resources board
Membership of the county law
library resources board
Meetings and quorum of the county
law library resources board
Annual estimate and appropriation
of funds
County law library resources fund
Multi-county law library resources
commission
Responsibilities of the board of
county commissioners with respect to the law library
Vacation accrual rate and credit
for accrued but unused vacation and sick
leave
Allowance to law libraries from
fines and penalties of municipal courts
Moneys collected by county court
Court of common pleas and probate
court payment of fines and penalties
Fines and penalties for violation
of liquor law and state traffic laws
Money used for lawbooks, computer
communications equipment, and other equipment and materials
Statewide consortium of county law
library resources boards
Statewide Consortium of County Law
Library Resources Boards Fund
Task Force on Law Library
Associations
Transfer of unspent fines,
penalties, and personal property
CONTENT AND OPERATION
(R.C. 307.51; R.C. 3375.48 and 3375.55, repealed by the bill)
Under current law, a law library association receiving fines and penalties, and moneys arising from forfeited bail, under R.C. 3375.50 to 3375.53, must furnish to all of the members of the General Assembly, its county's officers, its county's judges, and the officers of municipalities and townships in the county, admission to the association's law library and the use of its books, materials, and equipment free of charge. The association's board of trustees may appoint a person to act as librarian and additional persons to act as assistant librarians. The board is responsible for fixing and paying the compensation of those persons.
Creation of board. The bill outright repeals R.C. 3375.48 (effective December 31, 2009) and R.C. 3375.55 (effective 90 days after the bill becomes law, if enacted) and instead creates a county law library resources board in each county. The new board will consist of five members who are appointed and hold office as provided below in "Membership of the county law library resources." Beginning on January 1, 2010, subject to appropriations made by the board of county commissioners (see "Annual estimate and appropriation of funds," below), each library resources board must provide legal research, reference, and library services to the county and to the municipal corporations, townships, and courts within the county and must manage the coordination, acquisition, and utilization of legal resources.
Powers of board. The library resources board may adopt any rules it considers necessary for its operation and must adopt rules for the following:
(a) The expenditure of funds that are appropriated for its use by the board of county commissioners;
(b) Public access and hours of operation of the law library;
(c) Fees for services;
(d) The receipt of gifts to the county law library resources fund.
The library resources board cannot charge any fee for any service provided to any member of the General Assembly or to any officer or employee of a county, municipal, or township government or court located within that county when the officer or employee is acting within the scope of employment. The bill prohibits the library resources board from charging a fee for access to the law library. It also requires the county law librarian or the librarian's designee to deposit all fees collected by any employee of the library resources board into the county law library resources fund established pursuant to the bill.
Advisory council. The bill establishes a transition advisory council consisting of those individuals serving as members of the board of trustees of the law library association of the county that, as of the effective date of the bill, received fines, penalties, and moneys arising from forfeited bail. The transition advisory council will exist from January 1, 2009, to December 31, 2010. After December 31, 2010, the board may create an advisory council comprised of persons engaged in the private practice of law and with expertise in the operation and funding of law libraries.[1]
Contracting to provide services. Subject to the approval of the board of county commissioners, the bill permits the library resources board to contract with library resources boards of other counties, the Statewide Consortium of Law Library Resources Boards, private entities, or public agencies for the provision of any services that the library resources board considers necessary.
County offices obtaining materials. After January 1, 2010, county offices are prohibited from purchasing, leasing, renting, operating, or contracting for the use of any legal research or reference materials available in print, audio, visual, or other medium or, notwithstanding the law governing the county automatic data processing board, any equipment necessary to support the utilization of that medium without prior approval of the library resources board.[2] A "county office" is defined as any office, department, board, commission, or agency of a county.
(R.C. 307.511)
The bill requires the five members of each library resources board to be residents of the county and be appointed as follows:
(1) The prosecuting attorney of the county appoints one member whose initial term expires on December 31, 2010.
(2) The administrative judges or presiding judges of all municipal courts and county courts within the county appoint as a member an attorney licensed to practice law in Ohio who is in good standing before the Supreme Court of Ohio and whose initial term expires on December 31, 2011.
(3) The administrative judge or the presiding judge of the court of common pleas of the county appoints as a member an attorney licensed to practice law in Ohio who is in good standing before the Supreme Court of Ohio and whose initial term expires on December 31, 2012.
(4) The board of county commissioners appoints one member whose initial term expires on December 31, 2013.
(5) The board of county commissioners appoints one member whose initial term expires on December 31, 2014.
The bill requires the initial appointments to each library resources board to be made on or before July 1, 2009, and for the terms specified. Thereafter, terms for all members appointed will be for five years, with each term ending on the same day of the same month as did the term that it succeeds. The member appointed pursuant to (5) above serves as the chairperson of the library resources board until December 31, 2010, after which the library resources board selects a chairperson from among its members.
The bill also provides that from July 1, 2009, through December 31, 2010, each library resources board will consist of seven members. Along with the members appointed pursuant to (1) through (5) above, two additional members who are residents of the county must be appointed for this period by the board of trustees of the law library association in a county that, prior to the effective date of the bill, received fines, penalties, and moneys arising from forfeited bail.
The bill requires each member of the library resources board to hold office from the date of appointment until the end of the member's term. Vacancies must be filled within 60 days in the manner provided for original appointments. Any member appointed to fill a vacancy occurring prior to the expiration date of a term must hold office for the remainder of that term. A member must continue in office subsequent to the expiration date of the member's term until a successor takes office or until a period of 60 days has elapsed, whichever occurs first.
A member of the board of trustees of a law library association may serve as a member of a library resources board if the member discloses each membership to both the board of trustees of the law library association and the library resources board.
(R.C. 307.512)
The bill provides that each library resources board must hold its initial meeting within 15 days after July 1, 2009, at the office of the board of county commissioners at a time that the chairperson of the library resources board determines. Thereafter, the board must meet at least four times a year, as determined by the chairperson or at any other time as determined by a majority of the board. A majority of the members of the library resources board constitutes a quorum at any regular or special meeting.
(R.C. 307.513)
The bill requires each library resources board to prepare an annual estimate of the revenue and expenditures of the library resources board for the calendar year commencing January 1, 2010, and for each year thereafter. The library resources board must submit that estimate to the board of county commissioners as provided in the law governing a taxing authority's adoption of a tax budget. The estimate of expenses must be sufficient to provide for the operation of the library resources board. The estimate of revenue must clearly specify the source of the revenue and must include a specific request for moneys to be appropriated to the county law library resources fund from the county general fund for the ensuing fiscal year.
The bill allows the board of county commissioners to appropriate funds from the county general fund for the use of the library resources board. Within 15 days after its adoption of the annual appropriation measure required of all taxing units, the board of county commissioners must transfer 50% of the annual general fund appropriation to the county law library resources fund and must transfer the remaining 50% not later than July 15 of each year. Under the bill, the funds appropriated by the board of county commissioners from the county law library resources fund must be disbursed by the county auditor's warrant drawn on the county treasury five days after receipt of a voucher approved by the county law librarian pursuant to procedures established by the library resources board.
(R.C. 307.514)
The bill creates in each county treasury a county law library resources fund, effective January 1, 2010. The fund will receive all revenue that is required to be deposited into the fund pursuant to the bill, appropriated to the fund from the general fund by the board of county commissioners, or designated for deposit into the fund by gift or bequest. Expenditures from the fund must be made pursuant to the annual appropriation measure adopted by the board of county commissioners.
(R.C. 307.516)
The bill provides that upon the recommendation of the library resources boards of two or more adjacent counties, the boards of county commissioners of those counties may enter into a contract to form a multi-county law library resources commission. The purpose of the commission is to collaborate in carrying out any or all of the duties and responsibilities conferred upon a library resources board by the bill. Members of the commission must consist of the chairperson of each participating library resources board and one additional member from each of the library resources boards. The commission must administer the multi-county contract.
Any such contract must do all of the following:
(1) Prescribe the structure, management, and responsibilities of the commission;
(2) Provide for a process to establish the annual budget for the commission that includes a requirement that the annual budget be approved by all of the boards of county commissioners of the member counties;
(3) Apportion the annual operating costs of the commission to each member county;
(4) Designate the expenditure of funds from the county law library resources fund of each member county;
(5) Address amendments to the contract.
The contract must be for a period of not less than three, but not more than five, calendar years.
(R.C. 307.51(C) and 3375.49 (amended and then repealed by the bill); Sections 6 and 7)
Under current law, the board of county commissioners must provide space and utilities in the county courthouse or in any other building located in the county seat for the use of the law library. Through calendar year 2006, the board of county commissioners is responsible for paying: the compensation of the law library's librarian and up to two assistant librarians; the costs of the space in the county courthouse or other building that the board provides for the use of the law library; the utilities for that space; and furniture and fixtures for the law library.
Current law also allocates the responsibility for compensating the librarian and up to two assistant librarians between the board of county commissioners and the board of trustees in calendar years 2007 through 2010 as follows:
|
Calendar |
Board of
county commissioners |
Board of
trustees of the law library association |
|
2007 |
80% |
20% |
|
2008 |
60% |
40% |
|
2009 |
40% |
60% |
|
2010 |
20% |
80% |
Beginning in calendar year 2011 and thereafter, the board of trustees is responsible for paying the compensation of the librarian and all assistant librarians.
In calendar years 2008 through 2011, the board of county commissioners and the board of trustees are responsible for 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, the utilities for that space, and the furniture and fixtures for the law library as follows:
|
Calendar |
Board of
county commissioners |
Board of
trustees of the law library association |
|
2008 |
80% |
20% |
|
2009 |
60% |
40% |
|
2010 |
40% |
60% |
|
2011 |
20% |
80% |
Beginning in calendar year 2012 and thereafter, the board of trustees is responsible for 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, the utilities for that space, and the law library's furniture and fixtures.
Current law also provides that at any time prior to the calendar year 2011, the board of trustees of a law library association may elect to assume responsibility for paying the entire compensation of the librarian and all assistant librarians. If the board of trustees elects to assume this responsibility, the board of county commissioners of the county in which the association is located has no further obligation to pay the compensation of the law librarian and up to two assistant librarians.
Generally, current law provides that if the board of trustees of a law library association rents, leases, lease purchases, or otherwise acquires space to expand or enlarge the law library, the board of county commissioners of the county in which the association is located is no longer obligated to provide space and utilities for the use of the law library. In such case the board of county commissioners is not obligated to make payments for the compensation of the librarian and up to two assistant librarians and for the costs of space and utilities of the law library and its furniture and fixtures. This provision does not apply, however, if the board of trustees of a law library association modifies the space used by the law library in a manner that results in no change in that space or in a reduction in that space and that results in no additional costs to the board of county commissioners for fixtures or furniture for the law library.
The bill continues to require the board of county commissioners to provide space in the county courthouse or other building located in the county seat, and utilities for that space, for the county law library. The bill also provides that during calendar year 2009 only the board of county commissioners is responsible for paying the compensation of the librarian and up to two assistant librarians appointed by the board of trustees and the costs of the space and utilities for the use of the law library (but not the furniture and fixtures for the law library). The bill repeals all of the other current law provisions described above regarding the payment for the cost of the space for the library, payment of utilities for that space, compensation for librarians and assistant librarians, and costs of furniture and fixtures.
The bill provides that the amendments to R.C. 3375.49 take effect December 31, 2008, and outright repeals that section effective December 31, 2009.[3]
The bill also requires the library resources board to employ a county law librarian as its chief administrator and may employ additional staff to perform any functions as determined by the library resources board. The library resources board must fix the compensation of the county law librarian and any additional employees, and all employees of the library resources board are in the unclassified civil service of the county.
(Section 10)
The bill provides that for a person employed by a law library association immediately preceding the effective date of the bill and upon that person's employment by a library resources board, the board must use certain specified methods for determining the employee's vacation accrual rate and credit for accrued but unused vacation leave and sick leave.
(R.C. 3375.50, renumbered R.C. 307.515 in the bill)
Current law provides that all fines and penalties collected by, and moneys arising from forfeited bail in, a municipal court for offenses and misdemeanors (1) brought for prosecution in the name of a municipal corporation under one of its penal ordinances, where there is in force a state statute under which the offense might be prosecuted, or (2) brought for prosecution in the name of the state, must be retained by the municipal court clerk and paid each month, to the board of trustees of the law library association in the county in which the municipal corporation is located.[4] The sum paid by the clerk to the board of trustees each month must not be less than 25% of the amount of those fines, penalties, and moneys received in that month.
Current law further limits the total amount of such money paid to the trustees of the law library association by the clerks of all municipal courts in any county in any one calendar year based on the size of the county's population, as follows:
|
County |
Maximum to
be paid by all municipal courts in the county |
Maximum to
be paid by any one municipal court in the county |
|
50,000 or less |
$7,500 |
$4,000 |
|
50,001 to 100,000 |
$8,000 |
$5,500 |
|
100,001 to 150,000 |
$10,000 |
$7,000 |
|
150,001 or more |
$15,000 |
Annually determined for each municipal court by the
county auditor using the ratio of fines, costs, and forfeitures received by
the municipal court in the prior year to those received by all the municipal
courts in the county in that prior year. |
The bill renumbers R.C. 3375.50 as R.C. 307.515(A) and modifies the above-described provision by removing references to payment to the board of trustees of a law library association and replacing them with references to the county law library resources fund.
(R.C. 3375.51 repealed and reenacted as 307.515(B))
Current law provides that 50% of all moneys collected by a county court accruing from fines, penalties, and forfeited bail, unless otherwise distributed by law, must be paid to the board of trustees of the law library association of the county by the county treasurer.[5] The bill repeals and reenacts this provision as R.C. 307.515(B) and requires the county treasurer to deposit 50% of all moneys collected by a county court accruing from fines, penalties, and forfeited bail into the county law library resources fund in that county.
(R.C. 3375.52 repealed and reenacted as R.C. 307.515(C))
Current law provides that all fines and penalties collected by, and moneys arising from forfeited bail in, the court of common pleas and the probate court of each county, for offenses and misdemeanors prosecuted in such courts in the name of the state must be paid monthly by the clerk to the board of trustees of the law library association. The total annual amount paid to the board of trustees cannot exceed $1,250.[6]
The bill repeals and reenacts this provision as R.C. 307.515(C) and instead requires the clerks of the court of common pleas and the probate court to deposit those moneys into the county law library resources fund.
(R.C. 3375.53 repealed and reenacted as 307.515(D))
Current law requires 50% of all fines and penalties collected by, and of moneys arising from forfeited bail in, any court in that county for offenses brought under the liquor control law and law regarding liquor permits (R.C. Chapters 4301. and 4303.) and the state traffic laws to be paid monthly by the treasurer of the county or municipal corporation to the board of trustees of the county's law library association. But the sum paid to the board by each treasurer cannot exceed $1,200 per annum under R.C. Chapters 4301. and 4303.
The bill repeals and reenacts this provision as R.C. 307.515(D) and provides that the treasurer of the county or the municipal corporation must deposit monthly 50% of all fines and penalties collected by, and 50% of moneys arising from forfeited bail in, any court in that county for offenses brought for prosecution under R.C. Chapters 4301. and 4303. and the state traffic laws into the county legal resources fund.[7]
(R.C. 3375.54 repealed by the bill)
Current law provides that the money paid to the board of trustees of a law library association under R.C. 3375.50 to 3375.53 must be expended in its support and operation; to purchase, lease, or rent lawbooks, a computer communications console to access 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 used in the association's law library; and to pay the compensation of any librarian and assistant librarians of the law library. The bill outright repeals this section, which repeal will take effect 90 days after the bill becomes law, if enacted.
(R.C. 3375.481)
The bill creates, effective January 1, 2010, a Statewide Consortium of County Law Library Resources Boards comprised of the library resources board of each county. The bill provides that the Consortium Board consists of five voting members, one of whom is the librarian of the Supreme Court of Ohio, or, if the librarian of the Supreme Court is unavailable, the chief justice's designee. The other four members are appointed as follows:
(1) The Ohio Judicial Conference appoints one member (initial term ends December 31, 2014);
(2) The County Commissioners Association of Ohio appoints two members, one of whom is the chief administrator of a county law library resources board (the initial term of the chief administrator ends December 31, 2016, and of the other appointee ends December 31, 2014);
(3) The Ohio State Bar Association appoints one member (initial term ends December 31, 2016).
The bill requires initial appointments to the Consortium Board to be made on or before January 1, 2011. After the initial terms, all terms are for five years. The bill provides the procedure for filling vacancies on the Consortium Board.
The bill also requires the Consortium Board to do all of the following for the benefit of its members:
(1) Negotiate contracts that each library resources board may use for purchasing or obtaining access to legal research and reference materials available in any medium;
(2) Catalogue existing resources held by library resources boards and facilitate the sharing of those resources;
(3) Develop and recommend guidelines for the collection of or access to legal resources that ought to be provided by a library resources board;
(4) Provide consultation and assistance to library resources boards;
(5) Issue an annual report of its activities to each library resources board.
The Consortium Board may create an advisory council comprised of persons with expertise in the operation and funding of law libraries. The bill also requires the Consortium Board to determine the necessary qualifications of staff and the facilities and equipment necessary for its operation. The bill requires the Consortium Board to elect a chairperson from its membership, to meet at least four times per year, and to keep a record of its proceedings. The record must be open to the public for inspection. The bill requires the chairperson or the chairperson's designee to send a written notice of the time and place of each meeting to each member. A majority of the members of the Consortium Board constitutes a quorum.
Effective January 1, 2010, the bill creates in the state treasury the Consortium of County Law Library Resources Boards Fund. Beginning January 1, 2011, each county treasurer must deposit 2% of the funds deposited pursuant to R.C. 307.515 into the county's law library resources fund from the immediately preceding calendar year into the Statewide Consortium of County Law Library Resources Boards Fund. The Consortium Board may recommend in writing and submit to each library resources board an increase or decrease in the percentage of funds that must be deposited into the Fund by county treasurers. Upon the receipt of written approval of the recommendation from a majority of the library resources boards, the recommendation becomes effective on January 1 of the succeeding year. The Consortium Board must make any recommendations not later than the first day of April for the proceeding fiscal year, and any action by a library resources board on the recommendation must be certified to the Consortium Board not later than the first day of June of that year. The bill allows the Consortium Board to use the money deposited in the Fund for its operation and to provide grants to library resources boards.
(Section 8)
The bill reconstitutes the Task Force on Law Library Associations created pursuant to Section 503.06 of Am. Sub. H.B. 66 of the 126th General Assembly and requires the appointing authority designated by that act to fill any vacancies on the reconstituted Task Force. The bill requires the Task Force to help educate the library resources boards on the provisions of the bill (if enacted) and facilitate its implementation, including transition of the management of county law libraries from the law library associations to the library resources boards, and monitor the necessary and proper expenditure of each county law library resources fund. The Task Force must submit a final report to the Speaker and the Minority Leader of the House of Representatives and the President and the Minority Leader of the Senate by December 31, 2011. Upon submission of its report, the Task Force ceases to exist. The bill also provides that the sunset review law does not apply to the Task Force.
(Section 9)
The bill requires a law library association, on or before January 1, 2010, to transfer both of the following to the library resources board in the county in which the association is located:
(1) All unspent fines and penalties in the law library's general fund and retained moneys collected pursuant to R.C. 3375.50 to 3375.53;
(2) All personal property that the association can reasonably identify as having been purchased by the fines and penalties in the law library's general fund or retained moneys fund collected pursuant to R.C. 3375.50 to 3375.53.
The bill requires the association to retain all dedicated moneys or personal property that were not purchased with the fines and penalties in the law library's general revenue fund or retained moneys fund.
The bill makes conforming changes with regards to cross references including those to R.C. 733.40, 1901.024, 1901.31, 1907.20, 2949.111, 3375.50 (307.515), and 4513.35 which, along with the repeal of R.C. 3375.51, 3375.52, and 3375.53 take effect January 1, 2010.
HISTORY
|
ACTION |
DATE |
|
|
|
|
Introduced |
05-29-08 |
s0345-i-127.doc/kl
[1] Because the bill, if enacted, would likely be subject
to the referendum under Article II, Section 1c of the Ohio Constitution, it
would take effect later than January 1, 2009--the date the transition advisory
council is formed pursuant to the bill.
[2] The bill contains a cross-reference error in
division (G) of section 307.51. The
reference to R.C. 307.482 should be to R.C. 307.842.
[3] The bill, if enacted, will likely be subject to the
referendum under Article II, section 1c of the Ohio Constitution. Thus, the amendments to R.C. 3375.49 could
not take effect on December 31, 2008.
[4] The portions of those fines, penalties, and moneys,
in addition to all costs collected monthly in the state cases, that equal the
compensation the board of county commissioners allows for the municipal court
judges, clerk, and prosecuting attorney in state cases must be retained by the
clerk and not paid to the board of trustees (R.C. 307.515(A)). In addition, fines for violations of state
law governing occupant restraining devices and fines for violations of
comparable municipal ordinances are retained by the clerk and must be paid to
the state treasurer (R.C.
307.515(A)(5)).
[5] Fines for violations of state law governing occupant
restraining devices and fines for violations of comparable municipal ordinances
are retained by the clerk and must be paid to the state treasurer, and not to
support the county law library (R.C. 307.51(B)).
[6] Fines for violations of state law governing occupant restraining devices are retained by the clerk and must be paid to the state treasurer, and not to support the county law library (R.C. 307.515(C)).
[7] To conform to the changes of the bill regarding R.C.
3375.51, 3375.52, and 3375.53, R.C. 3375.56 should probably also be repealed.