As Passed by the Senate

125th General Assembly
Regular Session
2003-2004
Sub. H. B. No. 30


Representatives Williams, Kearns, Calvert, Flowers, S. Patton, Perry, Price, Reinhard, Schlichter, Widowfield, Carano, Distel, Driehaus, C. Evans, D. Evans, T. Patton, Peterson, Redfern, Setzer, Sferra, Taylor 

Senators Mallory, Brady, DiDonato, Fingerhut, Hagan, Harris, Hottinger, Prentiss, Fedor 



A BILL
To amend sections 1901.41, 1907.231, 2301.141, 1
4521.01, 4521.02, and 4521.10 of the Revised Code 2
to permit a local authority to consider for 3
purposes of the Local Noncriminal Parking Law a 4
fine of $250 to $500 for a violation of an 5
ordinance, resolution, or regulation that6
regulates the standing or parking of a vehicle in 7
a disability parking space, to provide that if a8
person fails to pay a fine for such a violation 9
that person may not be permitted to register a 10
motor vehicle in that person's name, and to 11
establish retention and other guidelines for 12
documentation of misdemeanor convictions.13


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

       Section 1. That sections 1901.41, 1907.231, 2301.141, 14
4521.01, 4521.02, and 4521.10 be amended to read as follows:15

       Sec. 1901.41.  (A) Notwithstanding section 149.39 of the16
Revised Code and subject to division (E) of this section, each 17
municipal court, by rule, may order the destruction or other 18
disposition of the files of cases that have been finally disposed 19
of by the court for at least five years as follows:20

       (1) If a case has been finally disposed of for at least five 21
years, but less than fifteen years prior to the adoption of the 22
rule of court for destruction or other disposition of the files, 23
the court may order the files destroyed or otherwise disposed of 24
only if the court first complies with division (B)(1) of this 25
section;26

       (2) If a case has been finally disposed of for fifteen years 27
or more prior to the adoption of the rule of court for destruction 28
or other disposition of the files, the court may order the files 29
destroyed or otherwise disposed of without having copied or 30
reproduced the files prior to their destruction.31

       (B)(1) Except as otherwise provided in this division, all32
files destroyed or otherwise disposed of under division (A)(1) of33
this section shall be copied or reproduced prior to their34
destruction or disposition in the manner and according to the35
procedure prescribed in section 9.01 of the Revised Code. The36
copies or reproductions of the files made pursuant to section 9.01 37
of the Revised Code shall be retained and preserved by the court 38
for a period of ten years after the destruction of the original 39
files in accordance with this section, after which the copies or 40
reproductions themselves may be destroyed or otherwise disposed 41
of.42

       Files destroyed or otherwise disposed of under division43
(A)(1) of this section that are solely concerned with criminal44
prosecutions for minor misdemeanor offenses or that are concerned45
solely with minor misdemeanor traffic prosecutions do not have to 46
be copied or reproduced in any manner or under any procedure prior 47
to their destruction or disposition as provided in this section.48

       (2) Files destroyed or otherwise disposed of under division 49
(A)(2) of this section do not have to be copied or reproduced in 50
any manner or under any procedure prior to their destruction or 51
disposition.52

       (C) Nothing in this section permits or shall be construed as 53
permitting the destruction or other disposition of the files in 54
the Cleveland municipal court of cases involving the following55
actions and proceedings:56

       (1) The sale of real property in an action to foreclose and 57
marshal all liens on the real property;58

       (2) The sale of real property in an action to foreclose a59
mortgage on the real property;60

       (3) The determination of rights in the title to real property 61
either in the form of a creditor's bill or in any other action 62
intended to determine or adjudicate the right, title, and interest 63
of a person or persons in the ownership of a parcel or parcels of 64
real property or any interest therein.65

       (D) All dockets, indexes, journals, and cash books of the66
court shall be retained and preserved by the court for at least67
twenty-five years unless they are reproduced in the manner and68
according to the procedure prescribed in section 9.01 of the69
Revised Code, in which case the reproductions shall be retained70
and preserved by the court at least until the expiration of the71
twenty-five year period for which the originals would have had to72
have been retained. Court dockets, indexes, journals, and cash73
books, and all other court records also shall be subject to74
destruction or other disposition under section 149.39 of the75
Revised Code.76

       (E) Notwithstanding section 149.39 of the Revised Code, each 77
clerk of a municipal court shall retain documentation regarding 78
each criminal conviction and plea of guilty involving a case that 79
is or was before the court. The documentation shall be in a form 80
that is admissible as evidence in a criminal proceeding as 81
evidence of a prior conviction or that is readily convertible to 82
or producible in a form that is admissible as evidence in a 83
criminal proceeding as evidence of a prior conviction and may be 84
retained in any form authorized by section 9.01 of the Revised 85
Code. The clerk shall retain this documentation for a period of 86
fifty years after the entry of judgment in the case, except that 87
documentation regarding cases solely concerned with minor 88
misdemeanor offenses or minor misdemeanor traffic offenses shall 89
be retained as provided in divisions (A) and (B) of this section, 90
and documentation regarding other misdemeanor traffic offenses 91
shall be retained for a period of twenty-five years after the 92
entry of judgment in the case. This section shall apply to records 93
currently retained and to records created on or after the 94
effective date of this amendmentSeptember 23, 2004.95

       Sec. 1907.231. Notwithstanding section 149.38 of the Revised 96
Code, each clerk of a county court shall retain documentation 97
regarding each criminal conviction and plea of guilty involving a 98
case that is or was before the court. The documentation shall be 99
in a form that is admissible as evidence in a criminal proceeding 100
as evidence of a prior conviction or that is readily convertible 101
to or producible in a form that is admissible as evidence in a 102
criminal proceeding as evidence of a prior conviction and may be 103
retained in any form authorized by section 9.01 of the Revised 104
Code. The clerk shall retain this documentation for a period of 105
fifty years after the entry of judgment in the case, except that 106
documentation regarding cases solely concerned with minor 107
misdemeanor offenses or minor misdemeanor traffic offenses shall 108
be retained as provided in divisions (A) and (B) of section 109
1901.41 of the Revised Code, and documentation regarding other 110
misdemeanor traffic offenses shall be retained for a period of 111
twenty-five years after the entry of judgment in the case. This 112
section shall apply to records currently retained and to records 113
created on or after the effective date of this sectionSeptember 114
23, 2004.115

       Sec. 2301.141. Notwithstanding section 149.38 of the Revised 116
Code, each clerk of a court of common pleas shall retain 117
documentation regarding each criminal conviction and plea of 118
guilty involving a case that is or was before the court. The 119
documentation shall be in a form that is admissible as evidence in 120
a criminal proceeding as evidence of a prior conviction or that is 121
readily convertible to or producible in a form that is admissible 122
as evidence in a criminal proceeding as evidence of a prior 123
conviction and may be retained in any form authorized by section 124
9.01 of the Revised Code. The clerk shall retain this 125
documentation for a period of fifty years after the entry of 126
judgment in the case, except that documentation regarding cases 127
solely concerned with minor misdemeanor offenses or minor 128
misdemeanor traffic offenses shall be retained as provided in 129
divisions (A) and (B) of section 1901.41 of the Revised Code, and 130
documentation regarding other misdemeanor traffic offenses shall 131
be retained for a period of twenty-five years after the entry of 132
judgment in the case. This section shall apply to records 133
currently retained and to records created on or after the 134
effective date of this sectionSeptember 23, 2004.135

       Sec. 4521.01.  As used in this chapter:136

       (A) "Parking infraction" means a violation of any ordinance,137
resolution, or regulation enacted by a local authority that138
regulates the standing or parking of vehicles and that is139
authorized pursuant to section 505.17 or 4511.07 of the Revised140
Code, or a violation of any ordinance, resolution, or regulation141
enacted by a local authority as authorized by this chapter, if the142
local authority in either of these cases also has enacted an143
ordinance, resolution, or regulation of the type described in144
division (A) of section 4521.02 of the Revised Code in relation to145
the particular regulatory ordinance, resolution, or regulation.146

       (B) "Vehicle" has the same meaning as in section 4511.01 of147
the Revised Code.148

       (C) "Court" means a municipal court, county court, juvenile149
court, or mayor's court, unless specifically identified as one of150
these courts, in which case it means the specifically identified151
court.152

       (D) "Local authority" means every county, municipal153
corporation, township, or other local board or body having154
authority to adopt police regulations pursuant to the constitution155
and laws of this state.156

       (E) "Disability parking space" means a motor vehicle parking157
location that is reserved for the exclusive standing or parking of158
a vehicle that is operated by or on behalf of a person with a159
disability that limits or impairs the ability to walk and displays160
a placard or license plates issued under section 4503.44 of the161
Revised Code.162

        (F) "Person with a disability that limits or impairs the163
ability to walk" has the same meaning as in section 4503.44 of the164
Revised Code.165

       Sec. 4521.02.  (A) A local authority that enacts any166
ordinance, resolution, or regulation that regulates the standing167
or parking of vehicles and that is authorized pursuant to section168
505.17 or 4511.07 of the Revised Code also by ordinance,169
resolution, or regulation may specify that a violation of the170
regulatory ordinance, resolution, or regulation shall not be171
considered a criminal offense for any purpose, that a person who172
commits the violation shall not be arrested as a result of the173
commission of the violation, and that the violation shall be174
handled pursuant to this chapter. If such a specification is made, 175
the local authority also by ordinance, resolution, or regulation 176
shall adopt a fine for a violation of the regulatory ordinance, 177
resolution, or regulation and prescribe an additional penalty or 178
penalties for failure to answer any charges of the violation in a 179
timely manner. In no case shall any fine adopted or additional 180
penalty prescribed pursuant to this division exceed the fine 181
established by the municipal or county court having territorial 182
jurisdiction over the entire or a majority of the political 183
subdivision of the local authority, in its schedule of fines 184
established pursuant to Traffic Rule 13(C), for a substantively 185
comparable violation. InExcept as provided in this division, in186
no case shall any fine adopted or additional penalty prescribed 187
pursuant to this division exceed one hundred dollars, plus costs 188
and other administrative charges, per violation.189

       If a local authority chooses to adopt a specific fine for a190
violation of an ordinance, resolution, or regulation that191
regulates the standing or parking of a vehicle in a disability192
parking space, the fine the local authority establishes for such 193
offense shall be an amount not less than two hundred fifty dollars 194
but not more than five hundred dollars.195

       (B) A local authority that enacts an ordinance, resolution,196
or regulation pursuant to division (A) of this section also may197
enact an ordinance, resolution, or regulation that provides for198
the impoundment or immobilization of vehicles found standing or199
parked in violation of the regulatory ordinance, resolution, or200
regulation and the release of the vehicles to their owners. In no201
case shall an ordinance, resolution, or regulation require the202
owner of the vehicle to post bond or deposit cash in excess of one203
thousand dollars in order to obtain release of the vehicle.204

       (C) A local authority that enacts any ordinance, resolution,205
or regulation pursuant to division (A) of this section also shall206
enact an ordinance, resolution, or regulation that specifies the207
time within which a person who is issued a parking ticket must208
answer in relation to the parking infraction charged in the209
ticket.210

       Sec. 4521.10. (A)(1) If a judgment or default judgment is 211
entered against a person pursuant to section 4521.08 of the 212
Revised Code for a violation of an ordinance, resolution, or 213
regulation that regulates the standing or parking of a vehicle in 214
a disability parking space and the person has not paid the 215
judgment or default judgment within ten days of the date of entry 216
of the judgment, the parking violations bureau, joint parking 217
violations bureau, or traffic violations bureau in which the 218
judgment was entered may give notice of that fact to the registrar 219
of motor vehicles. The notice, if given, shall be given not 220
earlier than sixteen days nor later than three years after the 221
date of entry of the judgment, and shall be in a form and manner, 222
and contain such information, as the registrar prescribes.223

        (2) If three or more judgments or default judgments have been 224
entered against a person pursuant to section 4521.08 of the225
Revised Code and the person has not paid the judgments or default226
judgments within ten days of the date of entry of the third227
judgment, the parking violations bureau, joint parking violations228
bureau, or traffic violations bureau in which the judgments were229
entered may give notice of that fact to the registrar of motor230
vehicles. The notice, if given, shall be given not earlier than231
sixteen days nor later than three years after the date of entry of232
the third judgment, and shall be in a form and manner, and contain233
such information, as the registrar prescribes.234

       (B)(1) Upon receipt of a notice as provided in division (A)235
of this section, neither the registrar nor any deputy registrar236
shall accept any application for the registration or transfer of237
registration of any motor vehicle owned or leased by the person238
named in the notice unless the person presents a release as239
provided in division (C) of this section or unless the registrar240
is properly notified by the parking violations bureau, joint241
parking violations bureau, or traffic violations bureau that the242
judgment or default judgment described in division (A)(1) of this243
section or the judgments or default judgments described in244
division (A)(2) of this section have been paid, dismissed, or245
reversed on appeal, or that the initial notice was given in error246
and is therefore canceled.247

       (2) The registrar shall not be required to give effect to any 248
notice provided by a parking violations bureau, joint parking249
violations bureau, or traffic violations bureau under division (A)250
of this section unless the information contained in the "Ohio251
uniform traffic tickets" described in Traffic Rule 3 (A) and (B)252
that the bureau processes is transmitted to the registrar by means253
of an electronic transfer system.254

       (C) When a notice as provided in division (A) of this section 255
is given to the registrar and the judgments or default judgments 256
are subsequently paid, dismissed, or reversed on appeal, or it is 257
discovered that the notice was given in error and is therefore 258
canceled, the parking violations bureau, joint parking violations 259
bureau, or traffic violations bureau giving the initial notice 260
shall immediately notify the registrar of such payment, dismissal, 261
reversal, or cancellation. The notification shall be in a form and 262
manner, and contain such information, as the registrar prescribes. 263
If the initial notice was not given in error, the parking 264
violations bureau, joint parking violations bureau, or traffic 265
violations bureau shall charge the person a five dollar processing 266
fee for each judgment or default judgment to cover the costs of 267
the bureau of motor vehicles in administering this section. Upon 268
payment of the fee, the parking violations bureau, joint parking 269
violations bureau, or traffic violations bureau shall give to the 270
person a release to be presented at the time of registering or 271
transferring the registration of a motor vehicle owned or leased 272
by himthe person. All fees collected under this division shall be 273
transmitted monthly to the registrar for deposit in the state 274
bureau of motor vehicles fund established by section 4501.25 of 275
the Revised Code.276

       (D) The registrar shall cause the information contained in277
each notice received pursuant to division (A) of this section to278
be removed from the records of the bureau of motor vehicles and of279
the deputy registrars thirteen months after the date the280
information was entered into the records, unless the registrar281
receives a further notice from the parking violations bureau,282
joint parking violations bureau, or traffic violations bureau283
submitting the initial notice that the judgments or default284
judgments are still outstanding.285

       (E) When any application for the registration or transfer of286
registration of a motor vehicle is refused as provided in division287
(B) of this section, the registrar or deputy registrar to whom288
application is made shall inform the person that no such289
application may be accepted unless the person presents a release290
as provided in division (C) of this section or the records of the291
bureau of motor vehicles and of the deputy registrar indicate that292
each judgment and default judgment against the person is paid,293
dismissed, reversed on appeal, or canceled.294

       (F) When any person named in a notice as provided in division 295
(A) of this section applies for the registration or transfer of 296
registration of any motor vehicle owned or leased by himthe 297
person and presents a release as provided in division (C) of this298
section or the records of the bureau of motor vehicles and of any299
deputy registrar to whom the application is made indicate that300
each judgment and default judgment against the person has been301
paid, dismissed, or reversed on appeal, the registrar or deputy302
registrar shall accept the application for registration or303
transfer of registration and may issue a certificate of304
registration or amended certificate of registration for the motor305
vehicle.306

       (G) In determining whether the judgments or default judgments307
that have been entered against a person as provided in division308
(A)(2) of this section total three or more, the parking violations309
bureau, joint parking violations bureau, or traffic violations310
bureau may apply to that total any violation the person committed311
during the relevant time period by illegally standing or parking a312
vehicle in a disability parking space, irrespective of the amount313
of the fine imposed for such violation.314

        (H) The registrar shall adopt such rules as hethe registrar315
considers necessary to ensure the orderly operation of sections 316
4521.09 and 4521.10 of the Revised Code, and any parking317
violations bureau, joint parking violations bureau, or traffic318
violations bureau shall conform to those rules.319

       Section 2. That existing sections 1901.41, 1907.231, 320
2301.141, 4521.01, 4521.02, and 4521.10 the Revised Code are 321
hereby repealed.322