135th General Assembly (2023-2024)
SB 21
AN ACT
To amend sections 109.02, 119.12, 124.34, 956.11, 956.15, 1901.01, 1901.02, 1901.021, 1901.041, 1901.07, 1901.08, 1901.31, 1907.11, 2301.03, 3794.09, 3901.321, 3913.13, 3913.23, 5101.35, and 5164.38 and to enact sections 101.55, 107.13, 303.65, 519.26, and 713.16 of the Revised Code to generally change the venue in which appeal from an agency order is proper to the local court of common pleas and provide special rules regarding consideration of such cases, to revise the law governing claim preclusion in zoning appeals, to revise the law governing the referral of cases to the Hamilton County Drug Court, to transfer Perry Township in Wood County and Washington Township in Hancock County from the territorial jurisdiction of the Tiffin-Fostoria Municipal Court to the territorial jurisdiction of, respectively, the Bowling Green Municipal Court and the Findlay Municipal Court on January 2, 2024, to allow the General Assembly to intervene in certain actions, to allow the General Assembly and the Governor to retain special counsel, and to replace two part-time judgeships in the Sandusky County County Court with one full-time judge.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 109.02, 119.12, 124.34, 956.11, 956.15, 1901.01, 1901.02, 1901.021, 1901.041, 1901.07, 1901.08, 1901.31, 1907.11, 2301.03, 3794.09, 3901.321, 3913.13, 3913.23, 5101.35, and 5164.38 be amended and sections 101.55, 107.13, 303.65, 519.26, and 713.16 of the Revised Code be enacted to read as follows:
Sec. 101.55. (A)(1) The speaker of the house of representatives, in the speaker's official capacity as the presiding officer of the house of representatives, may retain legal counsel other than from the attorney general for either of the following purposes:
(a) To represent, and intervene on behalf of, the house in any judicial proceeding that involves a challenge to the constitution or laws of this state and that is an important matter of statewide concern. The house may intervene in any such judicial proceeding at any time as a matter of right. Intervention under this division shall be in accordance with Rule 24 of the Ohio Rules of Civil Procedure or with Rule 24 of the Federal Rules of Civil Procedure, as applicable.
(b) To provide advice and counsel to the speaker on matters that affect the official business of the house.
(2) The speaker shall approve all terms of representation and authorize payment for all financial costs incurred under division (A)(1) of this section from the house of representatives' operating expenses appropriation line item or from a separate appropriation made for those costs.
(3) The house of representatives may rescind the retention of a particular legal counsel in a particular matter under division (A)(1) of this section by a resolution adopted by the affirmative vote of a majority of the members elected to the house.
(B)(1) The president of the senate, in the president's official capacity as the presiding officer of the senate, may retain legal counsel other than from the attorney general for either of the following purposes:
(a) To represent, and intervene on behalf of, the senate in any judicial proceeding that involves a challenge to the constitution or laws of this state and that is an important matter of statewide concern. The senate may intervene in any such judicial proceeding at any time as a matter of right. Intervention under this division shall be in accordance with Rule 24 of the Ohio Rules of Civil Procedure or with Rule 24 of the Federal Rules of Civil Procedure, as applicable.
(b) To provide advice and counsel to the president on matters that affect the official business of the senate.
(2) The president shall approve all terms of representation and authorize payment for all financial costs incurred under division (B)(1) of this section from the senate's operating expenses appropriation line item or from a separate appropriation made for those costs.
(3) The senate may rescind the retention of a particular legal counsel in a particular matter under division (B)(1) of this section by a resolution adopted by the affirmative vote of a majority of the members elected to the senate.
(C)(1) The speaker of the house of representatives and the president of the senate, acting jointly in their official capacities as the presiding officers of the houses of the general assembly, may retain legal counsel other than from the attorney general for either of the following purposes:
(a) To represent, and intervene on behalf of, the general assembly in any judicial proceeding that involves a challenge to the constitution or laws of this state and that is an important matter of statewide concern. The general assembly may intervene in any such judicial proceeding at any time as a matter of right. Intervention under this division shall be in accordance with Rule 24 of the Ohio Rules of Civil Procedure or with Rule 24 of the Federal Rules of Civil Procedure, as applicable.
(b) To provide advice and counsel to the speaker and the president, jointly, on matters that affect the official business of the general assembly.
(2) The speaker and the president shall jointly approve all terms of representation and authorize payment for all financial costs incurred under division (C)(1) of this section from the house of representatives' and the senate's operating expenses appropriation line items or from a separate appropriation made for those costs.
(3) The general assembly may rescind the retention of a particular legal counsel in a particular matter under division (C)(1) of this section by a concurrent resolution adopted by the affirmative vote of a majority of the members elected to each house of the general assembly.
(D) Notwithstanding any contrary provision of law, nothing in this section shall be construed to do any of the following:
(1) Constitute a waiver of the legislative immunity or legislative privilege of the speaker, the president, or any member, officer, or staff of either house of the general assembly;
(2) Permit any violation of section 9.58 of the Revised Code;
(3) Permit the retention of counsel, or intervention, in any criminal proceeding;
(4) Limit any authority of the speaker of the house of representatives, the president of the senate, the general assembly, or any member of the general assembly that is granted under the constitution of this state or under any other provision of law.
Sec. 107.13. (A) The governor, in the governor's official capacity as the supreme executive of this state, may retain legal counsel other than from the attorney general for either of the following purposes:
(1) To represent, and intervene on behalf of, the governor in any judicial proceeding that involves a challenge to the constitution or laws of this state and that is an important matter of statewide concern. The governor may intervene in any such judicial proceeding at any time as a matter of right. Intervention under this division shall be in accordance with Rule 24 of the Ohio Rules of Civil Procedure or with Rule 24 of the Federal Rules of Civil Procedure, as applicable.
(2) To provide advice and counsel to the governor on matters that affect the official business of the office of the governor.
(B) The governor shall approve all terms of representation and authorize payment for all financial costs incurred under division (A) of this section from the office of the governor's operating expenses appropriation line item or from a separate appropriation made for those costs. The requirements of sections 125.05 and 127.16 of the Revised Code do not apply to a representation agreement entered into under division (A) of this section.
(C) Notwithstanding any contrary provision of law, nothing in this section shall be construed to do any of the following:
(1) Constitute a waiver of any executive privilege of the governor or any executive officer or staff;
(2) Permit any violation of section 9.58 of the Revised Code;
(3) Permit the retention of counsel, or intervention, in any criminal proceeding;
(4) Limit any authority of the governor that is granted under the constitution of this state or under any other provision of law.
Sec. 109.02. The attorney general is the chief law officer for the state and all its departments and shall be provided with adequate office space in Columbus. Except as provided in division (E) of section 120.06 and in sections 101.55, 107.13, and 3517.152 to 3517.157 of the Revised Code, no state officer or board, or head of a department or institution of the state shall employ, or be represented by, other counsel or attorneys at law. The attorney general shall appear for the state in the trial and argument of all civil and criminal causes in the supreme court in which the state is directly or indirectly interested. When required by the governor or the general assembly, the attorney general shall appear for the state in any court or tribunal in a cause in which the state is a party, or in which the state is directly interested. Upon the written request of the governor, the attorney general shall prosecute any person indicted for a crime.
Sec. 119.12. (A)(1) Except as provided in division (A)(2) or (3) of this section, any (A) Any party adversely affected by any order of an agency issued pursuant to an adjudication denying an applicant admission to an examination, or denying the issuance or renewal of a license or registration of a licensee, or revoking or suspending a license, or allowing the payment of a forfeiture under section 4301.252 of the Revised Code may appeal from the order of the agency to the court of common pleas of the county in which the place of business of the licensee is located or the county in which the licensee is a resident designated in division (B) of this section.
(2) (B) An appeal from an order described in division (A)(1) (A) of this section shall be filed in the county designated as follows:
(1) Except as otherwise provided in division (B)(2)...
