As Passed by the Senate                       1            

123rd General Assembly                                             4            

   Regular Session                          Am. Sub. S. B. No. 89  5            

      1999-2000                                                    6            


        SENATORS JOHNSON-FINGERHUT-WATTS-BRADY-ESPY-DRAKE          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 sections 1901.09, 1901.183, and 1907.131    21           

of the Revised Code be amended to read as follows:                 23           

      Sec. 1901.09.  (A)  In a municipal court having only one     32           

judge, that judge shall be designated as both the presiding judge  33           

and the administrative judge.                                                   

      (B)  In a municipal court having two OR MORE judges, the     35           

judge whose term next expires shall be designated as the           36           

presiding AND ADMINISTRATIVE judge.                                37           

      (C)  In a municipal court having three or more judges, the   39           

judges of the court shall select the presiding judge on the        41           

second Monday in January of the even-numbered years SHALL BE       42           

ELECTED OR DESIGNATED AS PROVIDED IN THE RULES OF SUPERINTENDENCE  43           

FOR THE COURTS OF OHIO.                                            44           

      Sec. 1901.183.  In addition to jurisdiction otherwise        54           

granted in this chapter, the environmental division of a           55           

municipal court shall have jurisdiction within its territory in    56           

                                                          2      


                                                                 
all of the following actions or proceedings and to perform all of  57           

the following functions:                                                        

      (A)  Notwithstanding any monetary limitations in section     60           

1901.17 of the Revised Code, in all actions and proceedings for    62           

the sale of real or personal property under lien of a judgment of  63           

the environmental division of the municipal court, or a lien for   64           

machinery, material, fuel furnished, or labor performed,           65           

irrespective of amount, and, in those cases, the environmental     66           

division may proceed to foreclose and marshal all liens and all    67           

vested or contingent rights, to appoint a receiver, and to render  68           

personal judgment irrespective of amount in favor of any party;    69           

      (B)  In WHEN IN AID OF EXECUTION OF A JUDGMENT OF THE        71           

ENVIRONMENTAL DIVISION OF THE MUNICIPAL COURT, IN all actions for  72           

the foreclosure of a mortgage on real property given to secure     74           

the payment of money, or the enforcement of a specific lien for    75           

money or other encumbrance or charge on real property, when the    76           

real property is situated within the territory, and, in those                   

cases, the environmental division of the municipal court may       77           

proceed to foreclose all liens and all vested and contingent       78           

rights and proceed to render judgments, and make findings and      79           

orders, between the parties, in the same manner and to the same    80           

extent as in similar cases in the court of common pleas;           81           

      (C)  In WHEN IN AID OF EXECUTION OF A JUDGMENT OF THE        83           

ENVIRONMENTAL DIVISION OF THE MUNICIPAL COURT, IN all actions for  85           

the recovery of real property situated within the territory to     86           

the same extent as courts of common pleas have jurisdiction;       87           

      (D)  In all actions for injunction to prevent or terminate   90           

violations of the ordinances and regulations of any municipal      91           

corporation within its territory enacted or promulgated under the  92           

police power of that municipal corporation pursuant to Section 3   93           

of Article XVIII, Ohio Constitution, over which the court of       95           

common pleas has or may have jurisdiction, and, in those cases,    96           

the environmental division of the municipal court may proceed to   97           

render judgments, and make findings and orders, in the same        98           

                                                          3      


                                                                 
manner and to the same extent as in similar cases in the court of  99           

common pleas;                                                                   

      (E)  In all actions for injunction to prevent or terminate   101          

violations of the resolutions and regulations of any political     102          

subdivision within its territory enacted or promulgated under the  103          

power of that political subdivision pursuant to Article X of the   104          

Ohio Constitution, over which the court of common pleas has or     105          

may have jurisdiction, and, in those cases, the environmental      106          

division of the municipal court may proceed to render judgments,   107          

and make findings and orders, in the same manner and to the same   108          

extent as in similar cases in the court of common pleas;           109          

      (F)  In any civil action to enforce any provision of         112          

Chapter 3704., 3714., 3734., 3737., 3767., or 6111. of the         113          

Revised Code over which the court of common pleas has or may have  116          

jurisdiction, and, in those actions, the environmental division    117          

of the municipal court may proceed to render judgments, and make   118          

findings and orders, in the same manner and to the same extent as  119          

in similar actions in the court of common pleas;                   120          

      (G)  In all actions and proceedings in the nature of         123          

creditors' bills, and in aid of execution to subject the           124          

interests of a judgment debtor in real or personal property to     125          

the payment of a judgment of the division, and, in those actions   126          

and proceedings, the environmental division may proceed to         127          

marshal and foreclose all liens on the property irrespective of    128          

the amount of the lien, and all vested or contingent rights in     129          

the property;                                                                   

      (H)  Concurrent jurisdiction WITH THE COURT OF COMMON PLEAS  132          

of all criminal actions or proceedings related to the pollution    134          

of the air, ground, or water within the territory of the           135          

environmental division of the municipal court, for which a         136          

sentence of death cannot be imposed under Chapter 2903. of the                  

Revised Code;                                                      137          

      (I)  In any review or appeal of any final order of any       139          

administrative officer, agency, board, department, tribunal,       140          

                                                          4      


                                                                 
commission, or other instrumentality that relates to a local       141          

building, housing, air pollution, sanitation, health, fire,        142          

zoning, or safety code, ordinance, or regulation, in the same      143          

manner and to the same extent as in similar appeals in the court   144          

of common pleas.                                                                

      Sec. 1907.131.  (A)  In a county court district having only  154          

one judge, that judge shall be the presiding and administrative    155          

judge for that district.                                                        

      (B)  In a county court district having two OR MORE judges,   158          

the judge having the longest tenure as a judge of that county      160          

court district shall be designated as the presiding and                         

administrative judge for that district unless otherwise agreed by  161          

the judges.                                                        162          

      (C)  In a county court district having three or more         165          

judges, the judges of the court shall select the presiding and                  

administrative judge on the second Monday in January of the        168          

odd-numbered years SHALL BE ELECTED OR DESIGNATED AS PROVIDED IN   169          

THE RULES OF SUPERINTENDENCE FOR THE COURTS OF OHIO.               170          

      Section 2.  That existing sections 1901.09, 1901.183, and    172          

1907.131 of the Revised Code are hereby repealed.                  173          

      Section 3.  This act is hereby declared to be an emergency   175          

measure necessary for the immediate preservation of the public     176          

peace, health, and safety.  The reason for such necessity is that  177          

the change is urgently needed to properly define the jurisdiction  178          

of the environmental court to facilitate the administration of     179          

justice.  Therefore, this act shall go into immediate effect.      180