As Introduced

136th General Assembly

Regular Session H. B. No. 477

2025-2026

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.