As Reported by House Local Government and Townships Committee    1            

122nd General Assembly                                             4            

   Regular Session                             Sub. S. B. No. 201  5            

      1997-1998                                                    6            


          SENATORS OELSLAGER-HOTTINGER- REPRESENTATIVES            9            

  CAREY-TERWILLEGER-EVANS-GARCIA- ROMAN-SCHULER-O'BRIEN-SALERNO    10           


_________________________________________________________________   11           

                          A   B I L L                                           

             To amend sections 309.09, 1901.31, 1905.05,           13           

                3709.085, 6119.02, and 6119.04 and to enact        14           

                section 6119.071 of the Revised Code to require    15           

                the political subdivision or subdivisions          16           

                proposing the establishment of a regional water    17           

                and sewer district to hold a public meeting        18           

                before filing the petition for the establishment,               

                to provide for the removal of appointed members    19           

                from the board of trustees of a district, to       20           

                require additional study prior to the              21           

                establishment of a district if the court in which  22           

                the petition is heard orders that study, to allow  23           

                a board of health to charge a fee for inspections  24           

                of all semipublic disposal systems conducted       25           

                under contract with the Environmental Protection                

                Agency, to require the county prosecuting          27           

                attorney to act as legal advisor to any township                

                board or commission, to allow the compensation of  29           

                a mayor's court magistrate to be fixed by                       

                contract, to specify that the clerk of the Medina  30           

                Municipal Court shall be appointed by the judges   31           

                of that court irrespective of whether the          32           

                territorial population of that court is less       33           

                than, equals, or exceeds 100,000, and to declare                

                an emergency.                                                   

                                                          2      


                                                                 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        35           

      Section 1.  That sections 309.09, 1901.31, 1905.05,          37           

3709.085, 6119.02, and 6119.04 be amended and section 6119.071 of  39           

the Revised Code be enacted to read as follows:                                 

      Sec. 309.09.  (A)  The prosecuting attorney shall be the     48           

legal adviser of the board of county commissioners, board of       49           

elections, and all other county officers and boards, including     50           

all tax-supported public libraries, and any of them may require    51           

written opinions or instructions from the prosecuting attorney in  52           

matters connected with their official duties.  The prosecuting     54           

attorney shall prosecute and defend all suits and actions which    56           

any such officer or board directs or to which it is a party, and   57           

no county officer may employ any other counsel or attorney at the  58           

expense of the county, except as provided in section 305.14 of     59           

the Revised Code.                                                               

      (B)  Such THE prosecuting attorney shall be the legal        61           

adviser for all township officers, BOARDS, AND COMMISSIONS,        62           

unless the township has adopted the limited self-government form   65           

of township government pursuant to Chapter 504. of the Revised     66           

Code and has not entered into a contract to have the prosecuting   67           

attorney serve as the township law director, in which case the     68           

township law director, whether serving full-time or part-time,     69           

shall be the legal adviser for all township officers, BOARDS, AND  70           

COMMISSIONS.  When the board of township trustees finds it         72           

advisable or necessary to have additional legal counsel it may     73           

employ an attorney other than the township law director or the     74           

prosecuting attorney of the county, either for a particular        75           

matter or on an annual basis, to represent the township and its    76           

officers, BOARDS, AND COMMISSIONS in their official capacities     78           

and to advise them on legal matters.  No such counsel or attorney  79           

may be employed, except on the order of the board of township      80           

trustees, duly entered upon its journal, in which the                           

compensation to be paid for such legal services shall be fixed.    81           

Such compensation shall be paid from the township fund.            82           

                                                          3      


                                                                 
      Nothing in this division confers any of the powers or        84           

duties of a prosecuting attorney under section 309.08 of the       85           

Revised Code upon a township law director.                         86           

      (C)  Whenever the board of county commissioners employs an   88           

attorney other than the prosecuting attorney of the county,        89           

without the authorization of the court of common pleas as          90           

provided in section 305.14 of the Revised Code, either for a       91           

particular matter or on an annual basis, to represent the board    92           

of county commissioners in its official capacity and to advise it  93           

on legal matters, the board of county commissioners shall enter    94           

upon its journal an order of the board in which the compensation   95           

to be paid for such legal services shall be fixed.  The            96           

compensation shall be paid from the county general fund.  The      97           

total compensation paid, in any year, by the board of county       98           

commissioners for legal services under this division shall not     99           

exceed the total annual compensation of the prosecuting attorney   100          

for that county.                                                   101          

      (D)  The prosecuting attorney and the board of county        103          

commissioners jointly may contract with a board of park            104          

commissioners under section 1545.07 of the Revised Code for the    105          

prosecuting attorney to provide legal services to the park         106          

district the board of park commissioners operates.   All moneys    107          

received pursuant to such a contract shall be deposited into the   108          

prosecuting attorney's legal services fund, which shall be         109          

established in the county treasury of each county in which such a  110          

contract exists.  Moneys in that fund may be appropriated only to  111          

the prosecuting attorney for the purpose of providing legal        112          

services under a contract entered into under this division.        113          

      Sec. 1901.31.  The clerk and deputy clerks of a municipal    122          

court shall be selected, be compensated, give bond, and have       123          

powers and duties as follows:                                      124          

      (A)  There shall be a clerk of the court who is appointed    126          

or elected as follows:                                             127          

      (1)(a)  Except in the Akron, MEDINA, Clermont county,        129          

                                                          4      


                                                                 
Hamilton county, Portage county, and Wayne county municipal        131          

courts, if the population of the territory equals or exceeds one   132          

hundred thousand at the regular municipal election immediately     133          

preceding the expiration of the term of the present clerk, the     134          

clerk shall be nominated and elected by the qualified electors of  135          

the territory in the manner that is provided for the nomination    136          

and election of judges in section 1901.07 of the Revised Code.     137          

      The clerk so elected shall hold office for a term of six     139          

years, which term shall commence on the first day of January       140          

following the clerk's election and continue until the clerk's      141          

successor is elected and qualified.                                142          

      (b)  In the Hamilton county municipal court, the clerk of    144          

courts of Hamilton county shall be the clerk of the municipal      145          

court and may appoint an assistant clerk who shall receive the     146          

compensation, payable out of the treasury of Hamilton county in    147          

semimonthly installments, that the board of county commissioners   148          

prescribes.  The clerk of courts of Hamilton county, acting as     149          

the clerk of the Hamilton county municipal court and assuming the  150          

duties of that office, shall receive compensation at one-fourth    151          

the rate that is prescribed for the clerks of courts of common     152          

pleas as determined in accordance with the population of the       153          

county and the rates set forth in sections 325.08 and 325.18 of    154          

the Revised Code.  This compensation shall be paid from the        155          

county treasury in semimonthly installments and is in addition to  156          

the annual compensation that is received for the performance of    157          

the duties of the clerk of courts of Hamilton county, as provided  158          

in sections 325.08 and 325.18 of the Revised Code.                 159          

      (c)  In the Portage county and Wayne county municipal        161          

courts, the clerks of courts of Portage county and Wayne county    162          

shall be the clerks, respectively, of the Portage county and       163          

Wayne county municipal courts and may appoint a chief deputy       164          

clerk for each branch that is established pursuant to section      165          

1901.311 of the Revised Code, and assistant clerks as the judges   166          

of the municipal court determine are necessary, all of whom shall  167          

                                                          5      


                                                                 
receive the compensation that the legislative authority            168          

prescribes.  The clerks of courts of Portage county and Wayne      169          

county, acting as the clerks of the Portage county and Wayne       170          

county municipal courts and assuming the duties of these offices,  171          

shall receive compensation payable from the county treasury in     172          

semimonthly installments at one-fourth the rate that is            173          

prescribed for the clerks of courts of common pleas as determined  174          

in accordance with the population of the county and the rates set  175          

forth in sections 325.08 and 325.18 of the Revised Code.           176          

      (d)  Except as otherwise provided in division (A)(1)(d) of   178          

this section, in the Akron municipal court, candidates for         179          

election to the office of clerk of the court shall be nominated    180          

by primary election.  The primary election shall be held on the    181          

day specified in the charter of the city of Akron for the          182          

nomination of municipal officers.  Notwithstanding section         183          

3513.257 of the Revised Code, the nominating petitions of          184          

independent candidates shall be signed by at least two hundred     185          

fifty qualified electors of the territory of the court.            186          

      The candidates shall file a declaration of candidacy and     188          

petition, or a nominating petition, whichever is applicable, not   189          

later than four p.m. of the seventy-fifth day before the day of    190          

the primary election, in the form prescribed by section 3513.07    191          

or 3513.261 of the Revised Code.  The declaration of candidacy     192          

and petition, or the nominating petition, shall conform to the     193          

applicable requirements of section 3513.05 or 3513.257 of the      194          

Revised Code.                                                      195          

      If no valid declaration of candidacy and petition is filed   197          

by any person for nomination as a candidate of a particular        198          

political party for election to the office of clerk of the Akron   199          

municipal court, a primary election shall not be held for the      200          

purpose of nominating a candidate of that party for election to    201          

that office.  If only one person files a valid declaration of      202          

candidacy and petition for nomination as a candidate of a          203          

particular political party for election to that office, a primary  204          

                                                          6      


                                                                 
election shall not be held for the purpose of nominating a         205          

candidate of that party for election to that office, and the       206          

candidate shall be issued a certificate of nomination in the       207          

manner set forth in section 3513.02 of the Revised Code.           208          

      Declarations of candidacy and petitions, nominating          210          

petitions, and certificates of nomination for the office of clerk  211          

of the Akron municipal court shall contain a designation of the    212          

term for which the candidate seeks election.  At the following     213          

regular municipal election, all candidates for the office shall    214          

be submitted to the qualified electors of the territory of the     215          

court in the manner that is provided in section 1901.07 of the     216          

Revised Code for the election of the judges of the court.  The     217          

clerk so elected shall hold office for a term of six years, which  218          

term shall commence on the first day of January following the      219          

clerk's election, and continue until the clerk's successor is      220          

elected and qualified.                                             221          

      (e)  In the Clermont county municipal court, the clerk of    223          

courts of Clermont county shall be the clerk of the municipal      224          

court.  The clerk of courts of Clermont county, acting as the      225          

clerk of the Clermont county municipal court and assuming the      226          

duties of that office, shall receive compensation at one-fourth    227          

the rate that is prescribed for the clerks of courts of common     228          

pleas as determined in accordance with the population of the       229          

county and the rates set forth in sections 325.08 and 325.18 of    230          

the Revised Code.  This compensation shall be paid from the        231          

county treasury in semimonthly installments and is in addition to  232          

the annual compensation that is received for the performance of    233          

the duties of the clerk of courts of Clermont county, as provided  234          

in sections 325.08 and 325.18 of the Revised Code.                 235          

      (f)  IRRESPECTIVE OF THE POPULATION OF THE TERRITORY OF THE  237          

MEDINA MUNICIPAL COURT, THE CLERK OF THAT COURT SHALL BE           238          

APPOINTED PURSUANT TO DIVISION (A)(2)(a) OF THIS SECTION BY THE    239          

JUDGES OF THAT COURT, SHALL HOLD OFFICE UNTIL THE CLERK'S          240          

SUCCESSOR IS SIMILARLY APPOINTED AND QUALIFIED, AND SHALL RECEIVE  241          

                                                          7      


                                                                 
PURSUANT TO DIVISION (C) OF THIS SECTION THE ANNUAL COMPENSATION   242          

THAT THE LEGISLATIVE AUTHORITY PRESCRIBES AND THAT IS PAYABLE IN   243          

SEMIMONTHLY INSTALLMENTS FROM THE SAME SOURCES AND IN THE SAME     244          

MANNER AS PROVIDED IN SECTION 1901.11 OF THE REVISED CODE.                      

      (2)(a)  Except in FOR the Alliance, Auglaize county,         246          

Lorain, Massillon, and Youngstown municipal courts, if IN A        247          

MUNICIPAL COURT FOR WHICH the population of the territory is less  249          

than one hundred thousand AND IN THE MEDINA MUNICIPAL COURT, the   250          

clerk shall be appointed by the court, and the clerk shall hold    251          

office until the clerk's successor is appointed and qualified.     252          

      (b)  In the Alliance, Lorain, Massillon, and Youngstown      254          

municipal courts, the clerk shall be elected for a term of office  255          

as described in division (A)(1)(a) of this section.                256          

      (c)  In the Auglaize county municipal court, the clerk of    258          

courts of Auglaize county shall be the clerk of the municipal      259          

court and may appoint a chief deputy clerk for each branch that    260          

is established pursuant to section 1901.311 of the Revised Code,   261          

and assistant clerks as the judge of the court determines are      262          

necessary, all of whom shall receive the compensation that the     263          

legislative authority prescribes.  The clerk of courts of          264          

Auglaize county, acting as the clerk of the Auglaize county        265          

municipal court and assuming the duties of that office, shall      266          

receive compensation payable from the county treasury in           267          

semimonthly installments at one-fourth the rate that is            268          

prescribed for the clerks of courts of common pleas as determined  269          

in accordance with the population of the county and the rates set  270          

forth in sections 325.08 and 325.18 of the Revised Code.           271          

      (3)  During the temporary absence of the clerk due to        273          

illness, vacation, or other proper cause, the court may appoint a  274          

temporary clerk, who shall be paid the same compensation and,      275          

have the same authority, and perform the same duties, as the       277          

clerk.                                                                          

      (B)  Except in the Clermont county, Hamilton county,         280          

MEDINA, Portage county, and Wayne county municipal courts, if a    281          

                                                          8      


                                                                 
vacancy occurs in the office of the clerk of the Alliance,         282          

Lorain, Massillon, or Youngstown municipal court or occurs in the  283          

office of the clerk of a municipal court for which the population  284          

of the territory equals or exceeds one hundred thousand because    285          

the clerk ceases to hold the office before the end of the clerk's  286          

term or because a clerk-elect fails to take office, the vacancy    287          

shall be filled, until a successor is elected and qualified, by a  288          

person chosen by the residents of the territory of the court who   289          

are members of the county central committee of the political       290          

party by which the last occupant of that office or the             291          

clerk-elect was nominated.  Not less than five nor more than       292          

fifteen days after a vacancy occurs, those members of that county  293          

central committee shall meet to make an appointment to fill the    294          

vacancy.  At least four days before the date of the meeting, the   295          

chairperson or a secretary of the county central committee shall   296          

notify each such member of that county central committee by first  297          

class mail of the date, time, and place of the meeting and its     299          

purpose.  A majority of all such members of that county central    300          

committee constitutes a quorum, and a majority of the quorum is    301          

required to make the appointment.  If the office so vacated was    302          

occupied or was to be occupied by a person not nominated at a      303          

primary election, or if the appointment was not made by the        304          

committee members in accordance with this division, the court      305          

shall make an appointment to fill the vacancy.  A successor shall  306          

be elected to fill the office for the unexpired term at the first  307          

municipal election that is held more than one hundred twenty days  308          

after the vacancy occurred.                                        309          

      (C)  In a municipal court, other than the Auglaize county    311          

municipal court, for which the population of the territory is      312          

less than one hundred thousand AND IN THE MEDINA MUNICIPAL COURT,  314          

the clerk of a municipal court shall receive the annual            315          

compensation that the legislative authority prescribes.  In a      316          

municipal court, other than the Clermont county, Hamilton county,  317          

MEDINA, Portage county, and Wayne county municipal courts, for     319          

                                                          9      


                                                                 
which the population of the territory is one hundred thousand or   320          

more, the clerk of a municipal court shall receive annual          321          

compensation in a sum equal to eighty-five per cent of the salary  322          

of a judge of the court.  The compensation is payable in           323          

semimonthly installments from the same sources and in the same     324          

manner as provided in section 1901.11 of the Revised Code.         325          

      (D)  Before entering upon the duties of the clerk's office,  327          

the clerk of a municipal court shall give bond of not less than    328          

six thousand dollars to be determined by the judges of the court,  329          

conditioned upon the faithful performance of the clerk's duties    330          

as clerk.                                                          331          

      (E)  The clerk of a municipal court may do all of the        333          

following:  administer oaths, take affidavits, and issue           334          

executions upon any judgment rendered in the court, including a    335          

judgment for unpaid costs; issue, sign, and attach the seal of     336          

the court to all writs, process, subpoenas, and papers issuing     337          

out of the court; and approve all bonds, sureties, recognizances,  338          

and undertakings fixed by any judge of the court or by law.  The   339          

clerk may refuse to accept for filing any pleading or paper        340          

submitted for filing by a person who has been found to be a        341          

vexatious litigator under section 2323.52 of the Revised Code and  342          

who has failed to obtain leave to proceed under that section.      343          

The clerk shall do all of the following:  file and safely keep     344          

all journals, records, books, and papers belonging or              345          

appertaining to the court; record the proceedings of the court;    346          

perform all other duties that the judges of the court may          347          

prescribe; and keep a book showing all receipts and                348          

disbursements, which book shall be open for public inspection at   349          

all times.                                                                      

      The clerk shall prepare and maintain a general index, a      351          

docket, and other records that the court, by rule, requires, all   352          

of which shall be the public records of the court.  In the         353          

docket, the clerk shall enter, at the time of the commencement of  354          

an action, the names of the parties in full, the names of the      355          

                                                          10     


                                                                 
counsel, and the nature of the proceedings.  Under proper dates,   356          

the clerk shall note the filing of the complaint, issuing of       357          

summons or other process, returns, and any subsequent pleadings.   358          

The clerk also shall enter all reports, verdicts, orders,          359          

judgments, and proceedings of the court, clearly specifying the    360          

relief granted or orders made in each action.  The court may       361          

order an extended record of any of the above to be made and        362          

entered, under the proper action heading, upon the docket at the   363          

request of any party to the case, the expense of which record may  364          

be taxed as costs in the case or may be required to be prepaid by  365          

the party demanding the record, upon order of the court.           366          

      (F)  The clerk of a municipal court shall receive, collect,  368          

and issue receipts for all costs, fees, fines, bail, and other     369          

moneys payable to the office or to any officer of the court.  The  370          

clerk shall each month disburse to the proper persons or           371          

officers, and take receipts for, all costs, fees, fines, bail,     372          

and other moneys that the clerk collects.  Subject to sections     373          

3375.50 and 4511.193 of the Revised Code and to any other section  375          

of the Revised Code that requires a specific manner of             376          

disbursement of any moneys received by a municipal court and       377          

except for the Hamilton county, Lawrence county, and Ottawa        378          

county municipal courts, the clerk shall pay all fines received    379          

for violation of municipal ordinances into the treasury of the     380          

municipal corporation the ordinance of which was violated and      381          

shall pay all fines received for violation of township             382          

resolutions adopted pursuant to Chapter 504. of the Revised Code   383          

into the treasury of the township the resolution of which was      384          

violated.  Subject to sections 1901.024 and 4511.193 of the        385          

Revised Code, in the Hamilton county, Lawrence county, and Ottawa               

county municipal courts, the clerk shall pay fifty per cent of     386          

the fines received for violation of municipal ordinances and       387          

fifty per cent of the fines received for violation of township     388          

resolutions adopted pursuant to Chapter 504. of the Revised Code   389          

into the treasury of the county.  Subject to sections 3375.50,     390          

                                                          11     


                                                                 
3375.53, 4511.99, and 5503.04 of the Revised Code and to any       391          

other section of the Revised Code that requires a specific manner  392          

of disbursement of any moneys received by a municipal court, the   393          

clerk shall pay all fines collected for the violation of state     394          

laws into the county treasury.  Except in a county-operated        395          

municipal court, the clerk shall pay all costs and fees the        396          

disbursement of which is not otherwise provided for in the         397          

Revised Code into the city treasury.  The clerk of a               398          

county-operated municipal court shall pay the costs and fees the   399          

disbursement of which is not otherwise provided for in the         400          

Revised Code into the county treasury.  Moneys deposited as        401          

security for costs shall be retained pending the litigation.  The  402          

clerk shall keep a separate account of all receipts and            403          

disbursements in civil and criminal cases, which shall be a        404          

permanent public record of the office.  On the expiration of the   405          

term of the clerk, the clerk shall deliver the records to the      406          

clerk's successor.  The clerk shall have other powers and duties   407          

as are prescribed by rule or order of the court.                   408          

      (G)  All moneys paid into a municipal court shall be noted   410          

on the record of the case in which they are paid and shall be      411          

deposited in a state or national bank, or a domestic savings and   412          

loan association, as defined in section 1151.01 of the Revised     413          

Code, that is selected by the clerk.  Any interest received upon   414          

the deposits shall be paid into the city treasury, except that,    415          

in a county-operated municipal court, the interest shall be paid   416          

into the treasury of the county in which the court is located.     417          

      On the first Monday in January of each year, the clerk       419          

shall make a list of the titles of all cases in the court that     420          

were finally determined more than one year past in which there     421          

remains unclaimed in the possession of the clerk any funds, or     422          

any part of a deposit for security of costs not consumed by the    423          

costs in the case.  The clerk shall give notice of the moneys to   424          

the parties who are entitled to the moneys or to their attorneys   425          

of record.  All the moneys remaining unclaimed on the first day    426          

                                                          12     


                                                                 
of April of each year shall be paid by the clerk to the city       427          

treasurer, except that, in a county-operated municipal court, the  428          

moneys shall be paid to the treasurer of the county in which the   429          

court is located.  Any THE TREASURER SHALL PAY ANY part of the     430          

moneys shall be paid by the treasurer at any time to the person    432          

who has the right to the moneys, upon proper certification of the  433          

clerk.                                                                          

      (H)  Deputy clerks may be appointed by the clerk and shall   435          

receive the compensation, payable in semimonthly installments out  436          

of the city treasury, that the clerk may prescribe, except that    437          

the compensation of any deputy clerk of a county-operated          438          

municipal court shall be paid out of the treasury of the county    439          

in which the court is located.  Each deputy clerk shall take an    440          

oath of office before entering upon the duties of the deputy       441          

clerk's office and, when so qualified, may perform the duties      442          

appertaining to the office of the clerk.  The clerk may require    443          

any of the deputy clerks to give bond of not less than three       444          

thousand dollars, conditioned for the faithful performance of the  445          

deputy clerk's duties.                                                          

      (I)  For the purposes of this section, whenever the          447          

population of the territory of a municipal court falls below one   448          

hundred thousand but not below ninety thousand, and the            449          

population of the territory prior to the most recent regular       450          

federal census exceeded one hundred thousand, the legislative      451          

authority of the municipal corporation may declare, by             452          

resolution, that the territory shall be considered to have a       453          

population of at least one hundred thousand.                       454          

      (J)  The clerk or a deputy clerk shall be in attendance at   456          

all sessions of the municipal court, although not necessarily in   457          

the courtroom, and may administer oaths to witnesses and jurors    458          

and receive verdicts.                                              459          

      Sec. 1905.05.  (A)  A mayor of a municipal corporation that  468          

has a mayor's court may appoint a person as mayor's court          469          

magistrate to hear and determine prosecutions and criminal causes  470          

                                                          13     


                                                                 
in the mayor's court that are within the jurisdiction of the       471          

mayor's court, as set forth in section 1905.01 of the Revised      472          

Code.  No person shall be appointed as a mayor's court magistrate  473          

unless the person has been admitted to the practice of law in      474          

this state and, for a total of at least three years preceding the  476          

person's appointment or the commencement of the person's service   477          

as magistrate, has been engaged in the practice of law in this     479          

state or served as a judge of a court of record in any             480          

jurisdiction in the United States, or both.                        481          

      A person appointed as a mayor's court magistrate under this  483          

division is entitled to hear and determine prosecutions and        484          

criminal causes in the mayor's court that are within the           485          

jurisdiction of the mayor's court, as set forth in section         486          

1905.01 of the Revised Code.  If a mayor is prohibited from        487          

hearing or determining a prosecution or cause that charges a       488          

person with a violation of section 4511.19 of the Revised Code or  489          

with a violation of a municipal ordinance relating to operating a  490          

vehicle while under the influence of alcohol, a drug of abuse, or  491          

alcohol and a drug of abuse or relating to operating a vehicle     492          

with a prohibited concentration of alcohol in the blood, breath,   493          

or urine due to the operation of division (C) of section 1905.03   494          

of the Revised Code, or is prohibited from hearing or determining  495          

any other prosecution or cause due to the operation of division    496          

(C) of section 1905.031 of the Revised Code, the prohibition       498          

against the mayor hearing or determining the prosecution or cause  499          

does not affect and shall not be construed as affecting the        500          

jurisdiction or authority of a person appointed as a mayor's       501          

court magistrate under this division to hear and determine the     502          

prosecution or cause in accordance with this section.  In hearing  503          

and determining such prosecutions and causes, the magistrate has   504          

the same powers, duties, and authority as does a mayor who         505          

conducts a mayor's court to hear and determine prosecutions and    506          

causes in general, including, but not limited to, the power and    507          

authority to decide the prosecution or cause, enter judgment, and  508          

                                                          14     


                                                                 
impose sentence; the powers, duties, and authority granted to      509          

mayors of mayor's courts by this chapter, in relation to the       510          

hearing and determination of prosecutions and causes in mayor's    511          

courts; and the powers, duties, and authority granted to mayors    512          

of mayor's courts by any other provision of the Revised Code, in   513          

relation to the hearing and determination of prosecutions and      514          

causes in mayor's courts.  A judgment entered and a sentence       515          

imposed by a mayor's court magistrate do not have to be reviewed   516          

or approved by the mayor who appointed the magistrate, and have    518          

the same force and effect as if they had been entered or imposed   519          

by the mayor.                                                      520          

      A person appointed as a mayor's court magistrate under this  522          

division is not entitled to hear or determine any prosecution or   523          

criminal cause other than prosecutions and causes that are within  524          

the jurisdiction of the mayor's court, as set forth in section     525          

1905.01 of the Revised Code.                                       526          

      The A MUNICIPAL CORPORATION THAT A MAYOR'S COURT MAGISTRATE  528          

SERVES SHALL PAY THE compensation for the services of a mayor's    529          

court THE magistrate, WHICH shall be EITHER a fixed annual salary  531          

set by the legislative authority of the municipal corporation      533          

that the magistrate serves and shall be paid by the municipal      535          

corporation OR A FIXED ANNUAL AMOUNT OR FEES FOR SERVICES          536          

RENDERED SET UNDER A CONTRACT THE MAGISTRATE AND THE MUNICIPAL                  

CORPORATION ENTER INTO.                                            537          

      (B)  The appointment of a person as a mayor's court          539          

magistrate under division (A) of this section does not preclude    540          

the mayor that appointed the magistrate, subject to the            541          

limitation contained in section 1905.03 and the limitation         543          

contained in section 1905.031 of the Revised Code, from also       544          

hearing and determining prosecutions and criminal causes in the    545          

mayor's court that are within the jurisdiction of the mayor's      546          

court, as set forth in section 1905.01 of the Revised Code.        547          

      Sec. 3709.085.  (A)  The board of health of a city or        556          

general health district may enter into a contract with any         557          

                                                          15     


                                                                 
political subdivision or other governmental agency to obtain or    558          

provide all or part of any services, including, but not limited    559          

to, enforcement services, for the purposes of Chapter 3704. of     560          

the Revised Code, the rules adopted and orders made pursuant       561          

thereto, or any other ordinances or rules for the prevention,      562          

control, and abatement of air pollution.                           563          

      (B)(1)  As used in division (B)(2) of this section:          565          

      (a)  "Semipublic disposal system" means a disposal system    567          

which THAT treats the sanitary sewage discharged from publicly or  569          

privately owned buildings or places of assemblage, entertainment,  570          

recreation, education, correction, hospitalization, housing, or    571          

employment, but does not include a disposal system which THAT      572          

treats sewage in amounts of more than twenty-five thousand         573          

gallons per day; a disposal system for the treatment of sewage     574          

that is exempt from the requirements of section 6111.04 of the     575          

Revised Code pursuant to division (F) of that section; or a        576          

disposal system for the treatment of industrial waste.             577          

      (b)  Terms defined in section 6111.01 of the Revised Code    579          

have the same meaning MEANINGS as in that section.                 580          

      (2)  The board of health of a city or general health         582          

district may enter into a contract with the environmental          583          

protection agency to conduct on behalf of the agency inspection    584          

or enforcement services, for the purposes of Chapter 6111. and     585          

section 1541.21 of the Revised Code and rules adopted thereunder,  586          

for the disposal or treatment of sewage from single-family,        587          

two-family, or three-family dwellings located in special sanitary  588          

districts designated by section 1541.21 of the Revised Code, for   589          

the disposal or treatment of sewage from semipublic disposal       590          

systems, or for both.  The board of health of a city or general    591          

health district may charge a fee established pursuant to section   592          

3709.09 of the Revised Code to be paid by the holder OWNER OR      593          

OPERATOR of a permit under Chapter 6111. of the Revised Code       594          

SEMIPUBLIC DISPOSAL SYSTEM or the owner or resident of any such    596          

dwelling located in a special sanitary district for inspections    597          

                                                          16     


                                                                 
conducted by the board pursuant to a contract entered into under   598          

this division (B)(2) OF THIS SECTION, except that the board shall  599          

not charge a fee for those inspections conducted at any            600          

manufactured home park, recreational vehicle park, recreation      601          

camp, or combined park-camp that is licensed under section         602          

3733.03 of the Revised Code.                                       603          

      Sec. 6119.02.  (A)  Proceedings for the organization of a    612          

regional water and sewer district shall be initiated only by a     613          

petition filed in the office of the clerk of the court of common   614          

pleas of one of the counties all or part of which lies within the  615          

proposed district.  Such THE petition shall be signed by one or    616          

more municipal corporations or, one or more counties, or by one    619          

or more townships, or by any combination of them, after having     620          

been authorized by the legislative authority of the POLITICAL      621          

subdivision.  The legislative authority of any municipal           623          

corporation, the board of county commissioners of any county, and  624          

the board of trustees of any township may act in behalf of any     625          

part of their respective POLITICAL subdivisions.  Such THE         627          

petition shall state SPECIFY ALL OF THE FOLLOWING:                 628          

      (A)(1)  The proposed name of the district;                   630          

      (B)(2)  The place in which its principal office is to be     632          

located;                                                           633          

      (C)(3)  The necessity for the proposed district and that it  635          

will be conducive to the public health, safety, convenience, or    636          

welfare;                                                           637          

      (D)(4)  A general description of the purpose of the          639          

proposed district;                                                 640          

      (E)(5)  A general description of the territory to be         642          

included in the district, which need not be given by metes and     643          

bounds or by legal subdivisions, but it is sufficient if an        644          

accurate description is given of the territory to be organized as  645          

a district; such.  THE territory need not be contiguous, provided  647          

THAT it is so situated that the public health, safety,             648          

convenience, or welfare will be promoted by the organization as a  649          

                                                          17     


                                                                 
single district of the territory described;.                       650          

      (F)(6)  The manner of selection, the number, the term, and   652          

the compensation of the members of the governing body of the       653          

district, which body shall be called a board of trustees.  Such    654          

THE petition may set forth procedures for subsequent changes in    655          

the composition of and other provisions relating to such THE       656          

board of trustees.                                                 657          

      (G)(7)  The plan for financing the cost of the operations    659          

of the district until it is in receipt of revenue from its         660          

operations or proceeds from the sale of bonds;                     661          

      (H)(8)  A prayer for the organization of the district by     663          

the name proposed, either before or after a preliminary hearing    664          

as provided in section 6119.04 of the Revised Code.                665          

      (B)  PRIOR TO FILING A PETITION UNDER DIVISION (A) OF THIS   668          

SECTION, A MUNICIPAL CORPORATION, COUNTY, OR TOWNSHIP SHALL HOLD   669          

A PUBLIC MEETING FOR THE PURPOSE OF RECEIVING COMMENTS ON THE      670          

PROPOSED ESTABLISHMENT OF A REGIONAL WATER AND SEWER DISTRICT.     671          

IF A COMBINATION OF MUNICIPAL CORPORATIONS, COUNTIES, OR           672          

TOWNSHIPS SIGNED THE PETITION, THE SIGNERS JOINTLY SHALL HOLD THE  673          

PUBLIC MEETING.  AT THE MEETING, A REPRESENTATIVE OF THE SIGNER    674          

OR SIGNERS OF THE PETITION SHALL PRESENT A PRELIMINARY STUDY OF    675          

THE REASONS FOR THE PROPOSED ESTABLISHMENT OF THE DISTRICT.        676          

      THE SIGNER OR SIGNERS OF THE PETITION SHALL PROVIDE WRITTEN  679          

NOTICE OF THE PUBLIC MEETING TO EACH ELECTOR RESIDING IN THE       680          

TERRITORY OF THE PROPOSED DISTRICT.  FAILURE TO NOTIFY AN ELECTOR  681          

DOES NOT INVALIDATE ANY PROCEEDING BEFORE A COURT UNDER THIS       682          

CHAPTER.                                                                        

      (C)  Upon the filing of such THE petition, the judge of the  685          

court of common pleas of the county wherein IN WHICH the petition  686          

is filed or, in the case of a county having more than one such     687          

judge, a judge of such THAT court assigned by its presiding judge  688          

shall determine whether such IF THE petition complies with the     689          

requirements of this section as to form and content.  No petition  690          

shall be declared void by the judge on account of alleged          691          

                                                          18     


                                                                 
defects, and the.  THE court in subsequent proceedings may at any  692          

time MAY permit the petition to be amended in form and substance   694          

to conform to the facts by correcting any errors in the            695          

description of the territory or in any other particular.           696          

      Sec. 6119.04.  (A)  The court of common pleas constituted    705          

as provided in section 6119.03 of the Revised Code, at its first   706          

meeting, shall fix the time and place of a hearing on the          707          

petition for the establishment of the proposed regional water and  708          

sewer district and such.  THE hearing shall be either preliminary  710          

or final as the petition may request.  Such hearing AND shall be   711          

held not later than sixty days thereafter, and the.  THE clerk of  714          

the court shall give notice thereof OF THE HEARING by publication  715          

once each week for four consecutive weeks in a newspaper having a  716          

general circulation in each of the counties, in whole or in part,  717          

within the district.  The clerk shall send A notice OF THE         718          

HEARING by certified mail to the director of environmental         719          

protection.  Any                                                                

      ANY person or any political subdivision residing or lying    722          

within an area affected by the organization of the district, on    723          

or before the date set for the cause to be heard, may file an      724          

objection to the granting of the requests made in the prayer of    725          

the petition.                                                                   

      (A)(B)  Upon a preliminary hearing, if it appears that the   727          

proposed district is probably IS necessary and that it will        729          

probably WILL be conducive to the public health, safety,           730          

convenience, or welfare, the court, after disposing of all         731          

objections as justice and equity require shall AND by its          732          

findings, entered of record, SHALL issue a preliminary order       733          

declaring the district to be organized and an independent          734          

political subdivision of the state with a corporate name           735          

designated in the order for the purpose of ALL OF THE FOLLOWING:   736          

      (1)  The election or appointment of the board of trustees    738          

in the manner provided in the petition;                            739          

      (2)  The election, appointment, or employment of such        741          

                                                          19     


                                                                 
officers, employees, accounting experts, engineers, attorneys,     742          

financial consultants, architects, other consultants, and          743          

independent contractors or other persons as THAT may be necessary  745          

to prepare a plan for the operation of the district;               746          

      (3)  The collection of the funds in the manner provided in   748          

the petition to be used and disbursed by the district;             749          

      (4)  The preparation of a plan for the operation of the      751          

district, and the.                                                 752          

      THE district shall possess such powers as THAT may be        755          

necessary to carry out said THOSE purposes.                        756          

      The preliminary order shall direct the district to file a    758          

plan for the operation of the district within six months from the  759          

date of the preliminary order or within such THE further time or   760          

times as THAT the court may from time to time MAY order.           762          

      Upon the filing by the district of a plan for the operation  764          

of the district, the court shall fix the time and place for a      765          

final hearing on the petition for the establishment of the         766          

proposed district and the plan for the operation of the district   767          

as filed in the proceeding.  The hearing shall be held not later   768          

than sixty days thereafter, and the clerk of the court of common   769          

pleas shall again SHALL give notice thereof OF THE HEARING as      772          

required in DIVISION (A) OF this section.  Any                     773          

      ANY person or any political subdivision residing or lying    777          

within the area affected by the organization of the district or    778          

by the plan for the operation of the district, on or before the    779          

date set for the cause to be heard, may file any objections to     780          

the final organization of the district or the plan for the         781          

operation of the district.                                                      

      (B)  The (C)  IF, PRIOR TO GRANTING A FINAL ORDER, THE       784          

COURT DETERMINES THAT ADDITIONAL STUDY IS NEEDED OF THE                         

FEASIBILITY OF ESTABLISHING THE DISTRICT, THE COURT SHALL ORDER    785          

THE SIGNERS OF THE PETITION TO CONDUCT AN ADDITIONAL FEASIBILITY   786          

STUDY.  IF THE COURT HAS ORDERED SUCH A STUDY, THE COURT SHALL     787          

NOT GRANT A FINAL ORDER PRIOR TO RECEIVING THE RESULTS OF THE      788          

                                                          20     


                                                                 
STUDY.  NOTHING IN DIVISION (C) OF THIS SECTION PRECLUDES THE      790          

AWARDING OF A CONTRACT FOR A PROJECT OR IMPROVEMENT UNDERTAKEN     791          

UNDER THIS CHAPTER TO AN ENTITY THAT CONDUCTS A FEASIBILITY STUDY  792          

PURSUANT TO DIVISION (C) OF THIS SECTION.                          793          

      THE court may, upon good cause shown at any time before the  797          

granting of a final order, MAY DO ANY OR ALL OF THE FOLLOWING:     798          

      (1)  Grant a right to any municipal corporation or county    800          

acting in behalf of a sewer district within such THE county to     801          

become a party to such THE proceeding if such THE intervening      803          

party requests to have some part or all of its territory included  804          

within the district;                                               805          

      (2)  Grant in part or in toto an intervening petition of a   807          

municipal corporation or a county acting in behalf of a sewer      808          

district within such THE county, which is not wholly included      809          

within territory described in the petition, to have some part or   811          

all of its territory included within the district;                 812          

      (3)  Grant a request filed by any party to the petition or   814          

intervening party to modify any request set forth in the           815          

petition, including ANY OR ALL OF THE FOLLOWING:                   816          

      (a)  A reduction in the territory to be included within the  818          

district;                                                          819          

      (b)  Addition to or deletion of a purpose or purposes of     821          

the proposed district as set forth in the petition so long as the  822          

purposes that remain are those included within section 6119.01 of  823          

the Revised Code;                                                  824          

      (c)  The manner of selection, the number, the term, and the  826          

compensation of the members of the board of trustees; provided     827          

that after.                                                        828          

      AFTER the filing of any intervening petition or request to   830          

modify, the court has fixed SHALL FIX a time and place for a       831          

hearing thereof, such hearing to WHICH SHALL be held not less      833          

than sixty days after the filing thereof and the.  THE clerk of    835          

the court of common pleas has given SHALL GIVE notice OF THE       838          

HEARING as required in DIVISION (A) OF this section.               839          

                                                          21     


                                                                 
      (C)(D)  Upon final hearing, whether or not a preliminary     841          

hearing is requested in the petition, if it appears that the       842          

proposed district is necessary, that it and the plan for the       843          

operation of the district is ARE conducive to the public health,   844          

safety, convenience, and welfare, and that the plan for the        845          

operation of the district is economical, feasible, fair, and       846          

reasonable, the court, after disposing of all objections as        847          

justice and equity require, shall AND by its findings, entered of  849          

record, SHALL declare the district finally and completely          850          

organized and to be, or to be empowered to continue as, a          851          

political subdivision.  Thereupon the district shall have power    852          

to sue and be sued; to incur debts, liabilities, and obligations;  853          

to exercise the right of eminent domain and of taxation and        854          

assessment as provided in Chapter 6119. of the Revised Code THIS   855          

CHAPTER; to issue bonds; and to perform all acts authorized in     857          

such sections THIS CHAPTER and to execute and carry out the plan   859          

for the operation of the district and to amend, modify, change,    860          

or alter the plan for its operation as the board of trustees may   861          

from time to time MAY determine necessary.                         862          

      (D)(E)  If the court finds that the organization of the      864          

district is not necessary or will not be conducive to the public   865          

health, safety, convenience, or welfare, or that the plan for the  866          

operation of the district is not economical, feasible, fair, or    867          

reasonable, or if the district fails to file a plan for the        868          

operation of the district within the time prescribed by the        869          

court, it shall dismiss the proceedings and adjudge the costs      870          

against the petitioners, and if.  IF a preliminary order has been  872          

made organizing the district, the court shall declare the          873          

district dissolved and enter its order for the distribution of     874          

any and all assets that may be owned by the district after the     875          

payment of its liabilities.                                        876          

      (F)  Any municipal corporation, board of county              878          

commissioners, or board of township trustees may advance to the    879          

district such sums of money as THAT the legislative authority of   880          

                                                          22     


                                                                 
the municipal corporation, the board of county commissioners, or   881          

the board of township trustees determines will not be in excess    882          

of the benefits that can be anticipated to be derived by such THE  883          

municipal corporation, county, or township from the establishment  885          

of the district at such times as THAT ARE requested by the         886          

district and authorized by such THE legislative authority or such  888          

board and pursuant to an agreement between the district and such   890          

THE municipal corporation, county, or township setting forth       892          

whether and when such THE sums shall be repaid.  Such THE sums     893          

when paid to the district at any time after the preliminary order  895          

of the court shall be used by the district for its purposes in     896          

the preparation of a plan for the operation of the district and    897          

for other purposes of the district.  The district shall keep       898          

proper records showing the amount so advanced and disbursed.  If   899          

the court orders the district dissolved as permitted in this       900          

section, the interest any municipal corporation, board of county   901          

commissioners, or board of township trustees has in the assets of  902          

the district shall be limited to those assets remaining after the  903          

payment of all other liabilities of the district.                  904          

      Sec. 6119.071.  A MEMBER OF THE BOARD OF TRUSTEES OF A       906          

REGIONAL WATER AND SEWER DISTRICT WHO HAS BEEN APPOINTED TO THE    907          

BOARD MAY BE REMOVED BY THE APPOINTING AUTHORITY FOR MISFEASANCE,  908          

NONFEASANCE, OR MALFEASANCE IN OFFICE.  PRIOR TO REMOVING A        909          

MEMBER, THE APPOINTING AUTHORITY SHALL NOTIFY THE MEMBER OF THE    910          

FACTS SUPPORTING THE PROPOSED REMOVAL AND SHALL PROVIDE THE        911          

MEMBER AN OPPORTUNITY TO APPEAR BEFORE THE APPOINTING AUTHORITY    912          

OR AT A PUBLIC HEARING HELD BY THE APPOINTING AUTHORITY AND SHOW   913          

CAUSE WHY THE MEMBER SHOULD NOT BE REMOVED FROM OFFICE.            915          

      A MEMBER OF A BOARD OF TRUSTEES WHO HAS BEEN REMOVED         917          

PURSUANT TO THIS SECTION MAY APPEAL THE REMOVAL NOT LATER THAN     918          

THIRTY DAYS AFTER THE REMOVAL TO THE COURT OF COMMON PLEAS         919          

CONSTITUTED AS PROVIDED IN SECTION 6119.03 OF THE REVISED CODE.    922          

      Section 2.  That existing sections 309.09, 1901.31,          924          

1905.05, 3709.085, 6119.02, and 6119.04 of the Revised Code are    925          

                                                          23     


                                                                 
hereby repealed.                                                                

      Section 3.  Section 6119.071 of the Revised Code as enacted  927          

by this act does not apply to any member of the board of trustees  928          

of a regional water and sewer district organized under Chapter     929          

6119. of the Revised Code who was serving on the board             930          

immediately prior to the effective date of this act.  That                      

section does apply to any member who is appointed or reappointed   931          

to the board on or after the effective date of this act.           932          

      Section 4.  This act is hereby declared to be an emergency   934          

measure necessary for the immediate preservation of the public     935          

peace, health, and safety.  The reason for such necessity is that  936          

immediate action is required in order for certain township boards  937          

and commissions to continue to receive legal representation from   938          

the county prosecuting attorney without additional expense.        939          

Therefore, this act shall go into immediate effect.                940