As Reported by the Senate Judiciary Committee 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 89 5
1999-2000 6
SENATORS JOHNSON-FINGERHUT 8
_________________________________________________________________ 10
A B I L L
To amend sections 1901.09, 1901.183, and 1907.131 of 12
the Revised Code to clarify the jurisdiction of 13
the environmental division of a municipal court
in foreclosure actions, to provide that the 14
presiding judge and administrative judge in 15
multi-judge municipal courts and county courts 16
are to be determined as provided in the Rules of
Superintendence for the Courts of Ohio, and to 17
declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 19
Section 1. That section 1901.09, 1901.183, and 1907.131 of 21
the Revised Code be amended to read as follows: 22
Sec. 1901.09. (A) In a municipal court having only one 31
judge, that judge shall be designated as both the presiding judge 32
and the administrative judge.
(B) In a municipal court having two OR MORE judges, the 34
judge whose term next expires shall be designated as the 35
presiding AND ADMINISTRATIVE judge. 36
(C) In a municipal court having three or more judges, the 38
judges of the court shall select the presiding judge on the 40
second Monday in January of the even-numbered years SHALL BE 41
ELECTED OR DESIGNATED AS PROVIDED IN THE RULES OF SUPERINTENDENCE 42
FOR THE COURTS OF OHIO. 43
Sec. 1901.183. In addition to jurisdiction otherwise 53
granted in this chapter, the environmental division of a 54
municipal court shall have jurisdiction within its territory in 55
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all of the following actions or proceedings and to perform all of 56
the following functions:
(A) Notwithstanding any monetary limitations in section 59
1901.17 of the Revised Code, in all actions and proceedings for 61
the sale of real or personal property under lien of a judgment of 62
the environmental division of the municipal court, or a lien for 63
machinery, material, fuel furnished, or labor performed, 64
irrespective of amount, and, in those cases, the environmental 65
division may proceed to foreclose and marshal all liens and all 66
vested or contingent rights, to appoint a receiver, and to render 67
personal judgment irrespective of amount in favor of any party; 68
(B) In WHEN IN AID OF EXECUTION OF A JUDGMENT OF THE 70
ENVIRONMENTAL DIVISION OF THE MUNICIPAL COURT, IN all actions for 71
the foreclosure of a mortgage on real property given to secure 73
the payment of money, or the enforcement of a specific lien for 74
money or other encumbrance or charge on real property, when the 75
real property is situated within the territory, and, in those
cases, the environmental division of the municipal court may 76
proceed to foreclose all liens and all vested and contingent 77
rights and proceed to render judgments, and make findings and 78
orders, between the parties, in the same manner and to the same 79
extent as in similar cases in the court of common pleas; 80
(C) In WHEN IN AID OF EXECUTION OF A JUDGMENT OF THE 82
ENVIRONMENTAL DIVISION OF THE MUNICIPAL COURT, IN all actions for 84
the recovery of real property situated within the territory to 85
the same extent as courts of common pleas have jurisdiction; 86
(D) In all actions for injunction to prevent or terminate 89
violations of the ordinances and regulations of any municipal 90
corporation within its territory enacted or promulgated under the 91
police power of that municipal corporation pursuant to Section 3 92
of Article XVIII, Ohio Constitution, over which the court of 94
common pleas has or may have jurisdiction, and, in those cases, 95
the environmental division of the municipal court may proceed to 96
render judgments, and make findings and orders, in the same 97
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manner and to the same extent as in similar cases in the court of 98
common pleas;
(E) In all actions for injunction to prevent or terminate 100
violations of the resolutions and regulations of any political 101
subdivision within its territory enacted or promulgated under the 102
power of that political subdivision pursuant to Article X of the 103
Ohio Constitution, over which the court of common pleas has or 104
may have jurisdiction, and, in those cases, the environmental 105
division of the municipal court may proceed to render judgments, 106
and make findings and orders, in the same manner and to the same 107
extent as in similar cases in the court of common pleas; 108
(F) In any civil action to enforce any provision of 111
Chapter 3704., 3714., 3734., 3737., 3767., or 6111. of the 112
Revised Code over which the court of common pleas has or may have 115
jurisdiction, and, in those actions, the environmental division 116
of the municipal court may proceed to render judgments, and make 117
findings and orders, in the same manner and to the same extent as 118
in similar actions in the court of common pleas; 119
(G) In all actions and proceedings in the nature of 122
creditors' bills, and in aid of execution to subject the 123
interests of a judgment debtor in real or personal property to 124
the payment of a judgment of the division, and, in those actions 125
and proceedings, the environmental division may proceed to 126
marshal and foreclose all liens on the property irrespective of 127
the amount of the lien, and all vested or contingent rights in 128
the property;
(H) Concurrent jurisdiction WITH THE COURT OF COMMON PLEAS 131
of all criminal actions or proceedings related to the pollution 133
of the air, ground, or water within the territory of the 134
environmental division of the municipal court, for which a 135
sentence of death cannot be imposed under Chapter 2903. of the
Revised Code; 136
(I) In any review or appeal of any final order of any 138
administrative officer, agency, board, department, tribunal, 139
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commission, or other instrumentality that relates to a local 140
building, housing, air pollution, sanitation, health, fire, 141
zoning, or safety code, ordinance, or regulation, in the same 142
manner and to the same extent as in similar appeals in the court 143
of common pleas.
Sec. 1907.131. (A) In a county court district having only 153
one judge, that judge shall be the presiding and administrative 154
judge for that district.
(B) In a county court district having two OR MORE judges, 157
the judge having the longest tenure as a judge of that county 159
court district shall be designated as the presiding and
administrative judge for that district unless otherwise agreed by 160
the judges. 161
(C) In a county court district having three or more 164
judges, the judges of the court shall select the presiding and
administrative judge on the second Monday in January of the 167
odd-numbered years SHALL BE ELECTED OR DESIGNATED AS PROVIDED IN 168
THE RULES OF SUPERINTENDENCE FOR THE COURTS OF OHIO. 169
Section 2. That existing sections 1901.09, 1901.183, and 171
1907.131 of the Revised Code are hereby repealed. 172
Section 3. This act is hereby declared to be an emergency 174
measure necessary for the immediate preservation of the public 175
peace, health, and safety. The reason for such necessity is that 176
the change is urgently needed to properly define the jurisdiction 177
of the environmental court to facilitate the administration of 178
justice. Therefore, this act shall go into immediate effect. 179