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.
Summary
HB477 would require Ohio state agencies to reimburse the Attorney General when the Attorney General provides legal representation in contract-dispute litigation involving a recipient of a state contract. The reimbursement would be set at a “fair market rate for legal services,” defined by the time spent, the type of services, and comparable local legal costs. The bill also authorizes the Attorney General to refuse representation to an agency with an outstanding reimbursement balance, unless the governor or General Assembly requires representation, and allows the Attorney General to waive reimbursement obligations at discretion.
The bill also amends the existing statute governing the Attorney General’s role as the state’s chief law officer by making that duty subject to the new reimbursement provision. In practical terms, it would create a new financial obligation for state agencies that trigger Attorney General representation in certain contract disputes, while preserving the Attorney General’s authority to represent the state generally and to notify legislative leaders and the governor if representation is refused.
Impact
HB477 would add a new section to the Revised Code and modify section 109.02, changing the framework for when and how state agencies receive legal representation from the Attorney General. It would shift some of the cost of litigation support from the Attorney General’s office to the affected state agency, potentially affecting agency budgets, contract-dispute handling, and internal decisions about when to seek or accept state legal representation. The bill would also create a mechanism for withholding representation from agencies with unpaid balances, while leaving the Attorney General discretion to waive fees or balances.
Sentiment
Because the bill was only introduced and there are no recorded committee transcripts or votes, there is no documented public debate or formal vote-based sentiment available in the provided materials. The bill’s structure suggests a policy approach focused on cost recovery and accountability within state government, but the available record does not show whether lawmakers or stakeholders broadly supported or opposed it.
Contention
The main points of contention likely center on whether it is appropriate to charge state agencies for legal services provided by the Attorney General, how “fair market rate” should be determined, and whether the Attorney General should be able to refuse representation for unpaid balances. Supporters may view the bill as a way to ensure agencies bear litigation costs tied to their contracts and to discourage unpaid legal obligations. Opponents may argue it could strain agency budgets, complicate the Attorney General’s duty to represent the state, or create uneven access to legal defense for agencies involved in disputes.
To amend sections 3517.12, 3517.13, and 3517.155 of the Revised Code to modify the Campaign Finance Law regarding foreign nationals and statewide initiatives and referenda and to declare an emergency.
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Relating to selection of an attorney by an indigent parent as attorney ad litem for the parent in certain suits affecting the parent-child relationship.