Read the full stored bill text
As Introduced
136th
General Assembly
Regular
Session
H. B. No. 477
2025-2026
Representative Claggett
To
amend section 109.02 and to enact section 9.243 of the Revised Code
to
require state agencies to compensate the Attorney General for legal
representation.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
section 109.02 be amended and section 9.243 of the Revised Code be
enacted to read as follows:
Sec.
9.243.
(A)
As used in this section:
(1)
"Fair market rate for legal services" means a reasonable
rate calculated in consideration of the time the legal services are
provided, the type of legal services provided, and the cost of
comparable legal services in the county in which the action is heard.
(2)
"Recipient" means a person that enters into or is awarded a
contract with a state agency for the provision of goods, services, or
construction.
(3)
"State agency" means any organized body, office, agency,
institution, or other entity established by the laws of the state for
the exercise of any function of state government to which the general
assembly has appropriated funds to operate programs.
(B)(1)
A state agency involved in any legal action arising out of a contract
dispute with a recipient in which the agency is represented by the
attorney general shall reimburse, at a fair market rate for legal
services, the attorney general for the cost of legal services arising
out of the representation.
(2)
The attorney general may refuse to represent any state agency that
has an outstanding reimbursement balance under this section unless
required to provide representation by the governor or general
assembly. If the attorney general refuses to provide representation
to a state agency pursuant to this section, the attorney general
shall provide written notification of the refusal, including a
statement of the reason for the refusal, to the governor, president
of the senate, and speaker of the house of representatives within one
business day after notice of the refusal is transmitted to the
agency.
(3)
The attorney general may waive the reimbursement requirement under
this section, as well as outstanding reimbursement balances, at the
attorney general's discretion.
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
Subject
to section 9.243 of the Revised Code, 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.
Section
2.
That
existing section 109.02 of the Revised Code is hereby repealed.