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