Sub. H. B. No. 197 As Reported by the House Judiciary and Ethics Committee

As Reported by the House Judiciary and Ethics Committee

129th General Assembly

Regular Session

2011-2012

Sub. H. B. No. 197

Representative Slesnick

Cosponsors: Representatives Fende, Letson, Murray, O'Brien, Patmon, Yuko

A BILL

To amend sections 1901.261, 1901.31, 1907.20,

1907.26, 1907.261, 4503.39, and 5503.02 and to

enact sections 1901.44, 1905.202, 1907.25, and

2947.09 of the Revised Code to require that all

moneys collected by the clerk of a municipal or

county court be paid to the appropriate person,

fund, or entity on or before the twentieth day of

the month following the month in which they are

collected; to authorize a municipal, mayor's, or

county court to require community service in lieu

of costs if at the time of sentencing or any time

after sentencing the court finds that the offender

cannot pay costs; to authorize a municipal,

mayor's, or county court to allow payment of costs

in installments if at the time of sentencing or at

any time after sentencing the court finds that the

offender will not be able to pay costs in full

when due; to ensure that neither the Registrar of

Motor Vehicles nor any deputy registrar accepts

any application for the registration or transfer

of registration of a motor vehicle of a person who

fails to pay any fine or costs imposed for

offenses by a common pleas, municipal, mayor's, or

county court; and to clarify the authority of the

State Highway Patrol to enforce criminal laws at

privately owned correctional facilities.

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

Section 1. That sections 1901.261, 1901.31, 1907.20, 1907.26,	27
1907.261, 4503.39, and 5503.02 be amended and sections 1901.44,	28
1905.202, 1907.25, and 2947.09 of the Revised Code be enacted to	29
read as follows:	30

Sec. 1901.261. (A)(1) A municipal court may determine that	31
for the efficient operation of the court additional funds are	32
required to computerize the court, to make available computerized	33
legal research services, or to do both. Upon making a	34
determination that additional funds are required for either or	35
both of those purposes, the court shall include in its schedule of	36
fees and costs under section 1901.26 of the Revised Code one	37
additional fee not to exceed three dollars on the filing of each	38
cause of action or appeal equivalent to one described in division	39
(A), (Q), or (U) of section 2303.20 of the Revised Code and shall	40
direct the clerk of the court to charge the fee.	41

(2) All fees collected under this section shall be paid on or	42
before the twentieth day of the month following the month in which	43
they are collected to the county treasurer if the court is a	44
county-operated municipal court or to the city treasurer if the	45
court is not a county-operated municipal court. The treasurer	46
shall place the funds from the fees in a separate fund to be	47
disbursed upon an order of the court, subject to an appropriation	48
by the board of county commissioners if the court is a	49
county-operated municipal court or by the legislative authority of	50
the municipal corporation if the court is not a county-operated	51
municipal court, or upon an order of the court, subject to the	52
court making an annual report available to the public listing the	53
use of all such funds, in an amount not greater than the actual	54
cost to the court of computerizing the court, procuring and	55
maintaining computerized legal research services, or both.	56

(3) If the court determines that the funds in the fund	57
described in division (A)(2) of this section are more than	58
sufficient to satisfy the purpose for which the additional fee	59
described in division (A)(1) of this section was imposed, the	60
court may declare a surplus in the fund and, subject to an	61
appropriation by the board of county commissioners if the court is	62
a county-operated municipal court or by the legislative authority	63
of the municipal corporation if the court is not a county-operated	64
municipal court, expend those surplus funds, or upon an order of	65
the court, subject to the court making an annual report available	66
to the public listing the use of all such funds, expend those	67
surplus funds, for other appropriate technological expenses of the	68
court.	69

(B)(1) A municipal court may determine that, for the	70
efficient operation of the court, additional funds are required to	71
computerize the office of the clerk of the court and, upon that	72
determination, may include in its schedule of fees and costs under	73
section 1901.26 of the Revised Code an additional fee not to	74
exceed ten dollars on the filing of each cause of action or	75
appeal, on the filing, docketing, and endorsing of each	76
certificate of judgment, or on the docketing and indexing of each	77
aid in execution or petition to vacate, revive, or modify a	78
judgment that is equivalent to one described in division (A), (P),	79
(Q), (T), or (U) of section 2303.20 of the Revised Code. Subject	80
to division (B)(2) of this section, all moneys collected under	81
division (B)(1) of this section shall be paid on or before the	82
twentieth day of the month following the month in which they are	83
collected to the county treasurer if the court is a	84
county-operated municipal court or to the city treasurer if the	85
court is not a county-operated municipal court. The treasurer	86
shall place the funds from the fees in a separate fund to be	87
disbursed, upon an order of the municipal court and subject to an	88
appropriation by the board of county commissioners if the court is	89
a county-operated municipal court or by the legislative authority	90
of the municipal corporation if the court is not a county-operated	91
municipal court, in an amount no greater than the actual cost to	92
the court of procuring and maintaining computer systems for the	93
office of the clerk of the municipal court.	94

(2) If a municipal court makes the determination described in	95
division (B)(1) of this section, the board of county commissioners	96
of the county if the court is a county-operated municipal court or	97
the legislative authority of the municipal corporation if the	98
court is not a county-operated municipal court, may issue one or	99
more general obligation bonds for the purpose of procuring and	100
maintaining the computer systems for the office of the clerk of	101
the municipal court. In addition to the purposes stated in	102
division (B)(1) of this section for which the moneys collected	103
under that division may be expended, the moneys additionally may	104
be expended to pay debt charges and financing costs related to any	105
general obligation bonds issued pursuant to division (B)(2) of	106
this section as they become due. General obligation bonds issued	107
pursuant to division (B)(2) of this section are Chapter 133.	108
securities.	109

Sec. 1901.31. The clerk and deputy clerks of a municipal	110
court shall be selected, be compensated, give bond, and have	111
powers and duties as follows:	112

(A) There shall be a clerk of the court who is appointed or	113
elected as follows:	114

(1)(a) Except in the Akron, Barberton, Toledo, Hamilton	115
county, Miami county, Montgomery county, Portage county, and Wayne	116
county municipal courts and through December 31, 2008, the	117
Cuyahoga Falls municipal court, if the population of the territory	118
equals or exceeds one hundred thousand at the regular municipal	119
election immediately preceding the expiration of the term of the	120
present clerk, the clerk shall be nominated and elected by the	121
qualified electors of the territory in the manner that is provided	122
for the nomination and election of judges in section 1901.07 of	123
the Revised Code.	124

The clerk so elected shall hold office for a term of six	125
years, which term shall commence on the first day of January	126
following the clerk's election and continue until the clerk's	127
successor is elected and qualified.	128

(b) In the Hamilton county municipal court, the clerk of	129
courts of Hamilton county shall be the clerk of the municipal	130
court and may appoint an assistant clerk who shall receive the	131
compensation, payable out of the treasury of Hamilton county in	132
semimonthly installments, that the board of county commissioners	133
prescribes. The clerk of courts of Hamilton county, acting as the	134
clerk of the Hamilton county municipal court and assuming the	135
duties of that office, shall receive compensation at one-fourth	136
the rate that is prescribed for the clerks of courts of common	137
pleas as determined in accordance with the population of the	138
county and the rates set forth in sections 325.08 and 325.18 of	139
the Revised Code. This compensation shall be paid from the county	140
treasury in semimonthly installments and is in addition to the	141
annual compensation that is received for the performance of the	142
duties of the clerk of courts of Hamilton county, as provided in	143
sections 325.08 and 325.18 of the Revised Code.	144

(c) In the Portage county and Wayne county municipal courts,	145
the clerks of courts of Portage county and Wayne county shall be	146
the clerks, respectively, of the Portage county and Wayne county	147
municipal courts and may appoint a chief deputy clerk for each	148
branch that is established pursuant to section 1901.311 of the	149
Revised Code and assistant clerks as the judges of the municipal	150
court determine are necessary, all of whom shall receive the	151
compensation that the legislative authority prescribes. The clerks	152
of courts of Portage county and Wayne county, acting as the clerks	153
of the Portage county and Wayne county municipal courts and	154
assuming the duties of these offices, shall receive compensation	155
payable from the county treasury in semimonthly installments at	156
one-fourth the rate that is prescribed for the clerks of courts of	157
common pleas as determined in accordance with the population of	158
the county and the rates set forth in sections 325.08 and 325.18	159
of the Revised Code.	160

(d) In the Montgomery county and Miami county municipal	161
courts, the clerks of courts of Montgomery county and Miami county	162
shall be the clerks, respectively, of the Montgomery county and	163
Miami county municipal courts. The clerks of courts of Montgomery	164
county and Miami county, acting as the clerks of the Montgomery	165
county and Miami county municipal courts and assuming the duties	166
of these offices, shall receive compensation at one-fourth the	167
rate that is prescribed for the clerks of courts of common pleas	168
as determined in accordance with the population of the county and	169
the rates set forth in sections 325.08 and 325.18 of the Revised	170
Code. This compensation shall be paid from the county treasury in	171
semimonthly installments and is in addition to the annual	172
compensation that is received for the performance of the duties of	173
the clerks of courts of Montgomery county and Miami county, as	174
provided in sections 325.08 and 325.18 of the Revised Code.	175

(e) Except as otherwise provided in division (A)(1)(e) of	176
this section, in the Akron municipal court, candidates for	177
election to the office of clerk of the court shall be nominated by	178
primary election. The primary election shall be held on the day	179
specified in the charter of the city of Akron for the nomination	180
of municipal officers. Notwithstanding any contrary provision of	181
section 3513.05 or 3513.257 of the Revised Code, the declarations	182
of candidacy and petitions of partisan candidates and the	183
nominating petitions of independent candidates for the office of	184
clerk of the Akron municipal court shall be signed by at least	185
fifty qualified electors of the territory of the court.	186

The candidates shall file a declaration of candidacy and	187
petition, or a nominating petition, whichever is applicable, not	188
later than four p.m. of the ninetieth day before the day of the	189
primary election, in the form prescribed by section 3513.07 or	190
3513.261 of the Revised Code. The declaration of candidacy and	191
petition, or the nominating petition, shall conform to the	192
applicable requirements of section 3513.05 or 3513.257 of the	193
Revised Code.	194

If no valid declaration of candidacy and petition is filed by	195
any person for nomination as a candidate of a particular political	196
party for election to the office of clerk of the Akron municipal	197
court, a primary election shall not be held for the purpose of	198
nominating a candidate of that party for election to that office.	199
If only one person files a valid declaration of candidacy and	200
petition for nomination as a candidate of a particular political	201
party for election to that office, a primary election shall not be	202
held for the purpose of nominating a candidate of that party for	203
election to that office, and the candidate shall be issued a	204
certificate of nomination in the manner set forth in section	205
3513.02 of the Revised Code.	206

Declarations of candidacy and petitions, nominating	207
petitions, and certificates of nomination for the office of clerk	208
of the Akron municipal court shall contain a designation of the	209
term for which the candidate seeks election. At the following	210
regular municipal election, all candidates for the office shall be	211
submitted to the qualified electors of the territory of the court	212
in the manner that is provided in section 1901.07 of the Revised	213
Code for the election of the judges of the court. The clerk so	214
elected shall hold office for a term of six years, which term	215
shall commence on the first day of January following the clerk's	216
election and continue until the clerk's successor is elected and	217
qualified.	218

(f) Except as otherwise provided in division (A)(1)(f) of	219
this section, in the Barberton municipal court, candidates for	220
election to the office of clerk of the court shall be nominated by	221
primary election. The primary election shall be held on the day	222
specified in the charter of the city of Barberton for the	223
nomination of municipal officers. Notwithstanding any contrary	224
provision of section 3513.05 or 3513.257 of the Revised Code, the	225
declarations of candidacy and petitions of partisan candidates and	226
the nominating petitions of independent candidates for the office	227
of clerk of the Barberton municipal court shall be signed by at	228
least fifty qualified electors of the territory of the court.	229

The candidates shall file a declaration of candidacy and	230
petition, or a nominating petition, whichever is applicable, not	231
later than four p.m. of the ninetieth day before the day of the	232
primary election, in the form prescribed by section 3513.07 or	233
3513.261 of the Revised Code. The declaration of candidacy and	234
petition, or the nominating petition, shall conform to the	235
applicable requirements of section 3513.05 or 3513.257 of the	236
Revised Code.	237

If no valid declaration of candidacy and petition is filed by	238
any person for nomination as a candidate of a particular political	239
party for election to the office of clerk of the Barberton	240
municipal court, a primary election shall not be held for the	241
purpose of nominating a candidate of that party for election to	242
that office. If only one person files a valid declaration of	243
candidacy and petition for nomination as a candidate of a	244
particular political party for election to that office, a primary	245
election shall not be held for the purpose of nominating a	246
candidate of that party for election to that office, and the	247
candidate shall be issued a certificate of nomination in the	248
manner set forth in section 3513.02 of the Revised Code.	249

Declarations of candidacy and petitions, nominating	250
petitions, and certificates of nomination for the office of clerk	251
of the Barberton municipal court shall contain a designation of	252
the term for which the candidate seeks election. At the following	253
regular municipal election, all candidates for the office shall be	254
submitted to the qualified electors of the territory of the court	255
in the manner that is provided in section 1901.07 of the Revised	256
Code for the election of the judges of the court. The clerk so	257
elected shall hold office for a term of six years, which term	258
shall commence on the first day of January following the clerk's	259
election and continue until the clerk's successor is elected and	260
qualified.	261

(g)(i) Through December 31, 2008, except as otherwise	262
provided in division (A)(1)(g)(i) of this section, in the Cuyahoga	263
Falls municipal court, candidates for election to the office of	264
clerk of the court shall be nominated by primary election. The	265
primary election shall be held on the day specified in the charter	266
of the city of Cuyahoga Falls for the nomination of municipal	267
officers. Notwithstanding any contrary provision of section	268
3513.05 or 3513.257 of the Revised Code, the declarations of	269
candidacy and petitions of partisan candidates and the nominating	270
petitions of independent candidates for the office of clerk of the	271
Cuyahoga Falls municipal court shall be signed by at least fifty	272
qualified electors of the territory of the court.	273

The candidates shall file a declaration of candidacy and	274
petition, or a nominating petition, whichever is applicable, not	275
later than four p.m. of the ninetieth day before the day of the	276
primary election, in the form prescribed by section 3513.07 or	277
3513.261 of the Revised Code. The declaration of candidacy and	278
petition, or the nominating petition, shall conform to the	279
applicable requirements of section 3513.05 or 3513.257 of the	280
Revised Code.	281

If no valid declaration of candidacy and petition is filed by	282
any person for nomination as a candidate of a particular political	283
party for election to the office of clerk of the Cuyahoga Falls	284
municipal court, a primary election shall not be held for the	285
purpose of nominating a candidate of that party for election to	286
that office. If only one person files a valid declaration of	287
candidacy and petition for nomination as a candidate of a	288
particular political party for election to that office, a primary	289
election shall not be held for the purpose of nominating a	290
candidate of that party for election to that office, and the	291
candidate shall be issued a certificate of nomination in the	292
manner set forth in section 3513.02 of the Revised Code.	293

Declarations of candidacy and petitions, nominating	294
petitions, and certificates of nomination for the office of clerk	295
of the Cuyahoga Falls municipal court shall contain a designation	296
of the term for which the candidate seeks election. At the	297
following regular municipal election, all candidates for the	298
office shall be submitted to the qualified electors of the	299
territory of the court in the manner that is provided in section	300
1901.07 of the Revised Code for the election of the judges of the	301
court. The clerk so elected shall hold office for a term of six	302
years, which term shall commence on the first day of January	303
following the clerk's election and continue until the clerk's	304
successor is elected and qualified.	305

(ii) Division (A)(1)(g)(i) of this section shall have no	306
effect after December 31, 2008.	307

(h) Except as otherwise provided in division (A)(1)(h) of	308
this section, in the Toledo municipal court, candidates for	309
election to the office of clerk of the court shall be nominated by	310
primary election. The primary election shall be held on the day	311
specified in the charter of the city of Toledo for the nomination	312
of municipal officers. Notwithstanding any contrary provision of	313
section 3513.05 or 3513.257 of the Revised Code, the declarations	314
of candidacy and petitions of partisan candidates and the	315
nominating petitions of independent candidates for the office of	316
clerk of the Toledo municipal court shall be signed by at least	317
fifty qualified electors of the territory of the court.	318

The candidates shall file a declaration of candidacy and	319
petition, or a nominating petition, whichever is applicable, not	320
later than four p.m. of the ninetieth day before the day of the	321
primary election, in the form prescribed by section 3513.07 or	322
3513.261 of the Revised Code. The declaration of candidacy and	323
petition, or the nominating petition, shall conform to the	324
applicable requirements of section 3513.05 or 3513.257 of the	325
Revised Code.	326

If no valid declaration of candidacy and petition is filed by	327
any person for nomination as a candidate of a particular political	328
party for election to the office of clerk of the Toledo municipal	329
court, a primary election shall not be held for the purpose of	330
nominating a candidate of that party for election to that office.	331
If only one person files a valid declaration of candidacy and	332
petition for nomination as a candidate of a particular political	333
party for election to that office, a primary election shall not be	334
held for the purpose of nominating a candidate of that party for	335
election to that office, and the candidate shall be issued a	336
certificate of nomination in the manner set forth in section	337
3513.02 of the Revised Code.	338

Declarations of candidacy and petitions, nominating	339
petitions, and certificates of nomination for the office of clerk	340
of the Toledo municipal court shall contain a designation of the	341
term for which the candidate seeks election. At the following	342
regular municipal election, all candidates for the office shall be	343
submitted to the qualified electors of the territory of the court	344
in the manner that is provided in section 1901.07 of the Revised	345
Code for the election of the judges of the court. The clerk so	346
elected shall hold office for a term of six years, which term	347
shall commence on the first day of January following the clerk's	348
election and continue until the clerk's successor is elected and	349
qualified.	350

(2)(a) Except for the Alliance, Auglaize county, Brown	351
county, Columbiana county, Holmes county, Putnam county, Lorain,	352
Massillon, and Youngstown municipal courts, in a municipal court	353
for which the population of the territory is less than one hundred	354
thousand, the clerk shall be appointed by the court, and the clerk	355
shall hold office until the clerk's successor is appointed and	356
qualified.	357

(b) In the Alliance, Lorain, Massillon, and Youngstown	358
municipal courts, the clerk shall be elected for a term of office	359
as described in division (A)(1)(a) of this section.	360

(c) In the Auglaize county, Brown county, Holmes county, and	361
Putnam county municipal courts, the clerks of courts of Auglaize	362
county, Brown county, Holmes county, and Putnam county shall be	363
the clerks, respectively, of the Auglaize county, Brown county,	364
Holmes county, and Putnam county municipal courts and may appoint	365
a chief deputy clerk for each branch office that is established	366
pursuant to section 1901.311 of the Revised Code, and assistant	367
clerks as the judge of the court determines are necessary, all of	368
whom shall receive the compensation that the legislative authority	369
prescribes. The clerks of courts of Auglaize county, Brown county,	370
Holmes county, and Putnam county, acting as the clerks of the	371
Auglaize county, Brown county, Holmes county, and Putnam county	372
municipal courts and assuming the duties of these offices, shall	373
receive compensation payable from the county treasury in	374
semimonthly installments at one-fourth the rate that is prescribed	375
for the clerks of courts of common pleas as determined in	376
accordance with the population of the county and the rates set	377
forth in sections 325.08 and 325.18 of the Revised Code.	378

(d) In the Columbiana county municipal court, the clerk of	379
courts of Columbiana county shall be the clerk of the municipal	380
court, may appoint a chief deputy clerk for each branch office	381
that is established pursuant to section 1901.311 of the Revised	382
Code, and may appoint any assistant clerks that the judges of the	383
court determine are necessary. All of the chief deputy clerks and	384
assistant clerks shall receive the compensation that the	385
legislative authority prescribes. The clerk of courts of	386
Columbiana county, acting as the clerk of the Columbiana county	387
municipal court and assuming the duties of that office, shall	388
receive in either biweekly installments or semimonthly	389
installments, as determined by the payroll administrator,	390
compensation payable from the county treasury at one-fourth the	391
rate that is prescribed for the clerks of courts of common pleas	392
as determined in accordance with the population of the county and	393
the rates set forth in sections 325.08 and 325.18 of the Revised	394
Code.	395

(3) During the temporary absence of the clerk due to illness,	396
vacation, or other proper cause, the court may appoint a temporary	397
clerk, who shall be paid the same compensation, have the same	398
authority, and perform the same duties as the clerk.	399

(B) Except in the Hamilton county, Montgomery county, Miami	400
county, Portage county, and Wayne county municipal courts, if a	401
vacancy occurs in the office of the clerk of the Alliance, Lorain,	402
Massillon, or Youngstown municipal court or occurs in the office	403
of the clerk of a municipal court for which the population of the	404
territory equals or exceeds one hundred thousand because the clerk	405
ceases to hold the office before the end of the clerk's term or	406
because a clerk-elect fails to take office, the vacancy shall be	407
filled, until a successor is elected and qualified, by a person	408
chosen by the residents of the territory of the court who are	409
members of the county central committee of the political party by	410
which the last occupant of that office or the clerk-elect was	411
nominated. Not less than five nor more than fifteen days after a	412
vacancy occurs, those members of that county central committee	413
shall meet to make an appointment to fill the vacancy. At least	414
four days before the date of the meeting, the chairperson or a	415
secretary of the county central committee shall notify each such	416
member of that county central committee by first class mail of the	417
date, time, and place of the meeting and its purpose. A majority	418
of all such members of that county central committee constitutes a	419
quorum, and a majority of the quorum is required to make the	420
appointment. If the office so vacated was occupied or was to be	421
occupied by a person not nominated at a primary election, or if	422
the appointment was not made by the committee members in	423
accordance with this division, the court shall make an appointment	424
to fill the vacancy. A successor shall be elected to fill the	425
office for the unexpired term at the first municipal election that	426
is held more than one hundred thirty-five days after the vacancy	427
occurred.	428

(C)(1) In a municipal court, other than the Auglaize county,	429
the Brown county, the Columbiana county, the Holmes county, the	430
Putnam county, and the Lorain municipal courts, for which the	431
population of the territory is less than one hundred thousand, the	432
clerk of the municipal court shall receive the annual compensation	433
that the presiding judge of the court prescribes, if the revenue	434
of the court for the preceding calendar year, as certified by the	435
auditor or chief fiscal officer of the municipal corporation in	436
which the court is located or, in the case of a county-operated	437
municipal court, the county auditor, is equal to or greater than	438
the expenditures, including any debt charges, for the operation of	439
the court payable under this chapter from the city treasury or, in	440
the case of a county-operated municipal court, the county treasury	441
for that calendar year, as also certified by the auditor or chief	442
fiscal officer. If the revenue of a municipal court, other than	443
the Auglaize county, the Brown county, the Columbiana county, the	444
Putnam county, and the Lorain municipal courts, for which the	445
population of the territory is less than one hundred thousand for	446
the preceding calendar year as so certified is not equal to or	447
greater than those expenditures for the operation of the court for	448
that calendar year as so certified, the clerk of a municipal court	449
shall receive the annual compensation that the legislative	450
authority prescribes. As used in this division, "revenue" means	451
the total of all costs and fees that are collected and paid to the	452
city treasury or, in a county-operated municipal court, the county	453
treasury by the clerk of the municipal court under division (F) of	454
this section and all interest received and paid to the city	455
treasury or, in a county-operated municipal court, the county	456
treasury in relation to the costs and fees under division (G) of	457
this section.	458

(2) In a municipal court, other than the Hamilton county,	459
Montgomery county, Miami county, Portage county, and Wayne county	460
municipal courts, for which the population of the territory is one	461
hundred thousand or more, and in the Lorain municipal court, the	462
clerk of the municipal court shall receive annual compensation in	463
a sum equal to eighty-five per cent of the salary of a judge of	464
the court.	465

(3) The compensation of a clerk described in division (C)(1)	466
or (2) of this section and of the clerk of the Columbiana county	467
municipal court is payable in either semimonthly installments or	468
biweekly installments, as determined by the payroll administrator,	469
from the same sources and in the same manner as provided in	470
section 1901.11 of the Revised Code, except that the compensation	471
of the clerk of the Carroll county municipal court is payable in	472
biweekly installments.	473

(D) Before entering upon the duties of the clerk's office,	474
the clerk of a municipal court shall give bond of not less than	475
six thousand dollars to be determined by the judges of the court,	476
conditioned upon the faithful performance of the clerk's duties.	477

(E) The clerk of a municipal court may do all of the	478
following: administer oaths, take affidavits, and issue executions	479
upon any judgment rendered in the court, including a judgment for	480
unpaid costs; issue, sign, and attach the seal of the court to all	481
writs, process, subpoenas, and papers issuing out of the court;	482
and approve all bonds, sureties, recognizances, and undertakings	483
fixed by any judge of the court or by law. The clerk may refuse to	484
accept for filing any pleading or paper submitted for filing by a	485
person who has been found to be a vexatious litigator under	486
section 2323.52 of the Revised Code and who has failed to obtain	487
leave to proceed under that section. The clerk shall do all of the	488
following: file and safely keep all journals, records, books, and	489
papers belonging or appertaining to the court; record the	490
proceedings of the court; perform all other duties that the judges	491
of the court may prescribe; and keep a book showing all receipts	492
and disbursements, which book shall be open for public inspection	493
at all times.	494

The clerk shall prepare and maintain a general index, a	495
docket, and other records that the court, by rule, requires, all	496
of which shall be the public records of the court. In the docket,	497
the clerk shall enter, at the time of the commencement of an	498
action, the names of the parties in full, the names of the	499
counsel, and the nature of the proceedings. Under proper dates,	500
the clerk shall note the filing of the complaint, issuing of	501
summons or other process, returns, and any subsequent pleadings.	502
The clerk also shall enter all reports, verdicts, orders,	503
judgments, and proceedings of the court, clearly specifying the	504
relief granted or orders made in each action. The court may order	505
an extended record of any of the above to be made and entered,	506
under the proper action heading, upon the docket at the request of	507
any party to the case, the expense of which record may be taxed as	508
costs in the case or may be required to be prepaid by the party	509
demanding the record, upon order of the court.	510

(F) The clerk of a municipal court shall receive, collect,	511
and issue receipts for all costs, fees, fines, bail, and other	512
moneys payable to the office or to any officer of the court. The	513
clerk shall ~~each~~on or before the twentieth day of the month	514
following the month in which they are collected disburse to the	515
proper persons or officers, and take receipts for, all costs,	516
fees, fines, bail, and other moneys that the clerk collects.	517
Subject to sections 307.515 and 4511.193 of the Revised Code and	518
to any other section of the Revised Code that requires a specific	519
manner of disbursement of any moneys received by a municipal court	520
and except for the Hamilton county, Lawrence county, and Ottawa	521
county municipal courts, the clerk shall pay all fines received	522
for violation of municipal ordinances into the treasury of the	523
municipal corporation the ordinance of which was violated and	524
shall pay all fines received for violation of township resolutions	525
adopted pursuant to section 503.52 or 503.53 or Chapter 504. of	526
the Revised Code into the treasury of the township the resolution	527
of which was violated. Subject to sections 1901.024 and 4511.193	528
of the Revised Code, in the Hamilton county, Lawrence county, and	529
Ottawa county municipal courts, the clerk shall pay fifty per cent	530
of the fines received for violation of municipal ordinances and	531
fifty per cent of the fines received for violation of township	532
resolutions adopted pursuant to section 503.52 or 503.53 or	533
Chapter 504. of the Revised Code into the treasury of the county.	534
Subject to sections 307.515, 4511.19, and 5503.04 of the Revised	535
Code and to any other section of the Revised Code that requires a	536
specific manner of disbursement of any moneys received by a	537
municipal court, the clerk shall pay all fines collected for the	538
violation of state laws into the county treasury. Except in a	539
county-operated municipal court, the clerk shall pay all costs and	540
fees the disbursement of which is not otherwise provided for in	541
the Revised Code into the city treasury. The clerk of a	542
county-operated municipal court shall pay the costs and fees the	543
disbursement of which is not otherwise provided for in the Revised	544
Code into the county treasury. Moneys deposited as security for	545
costs shall be retained pending the litigation. The clerk shall	546
keep a separate account of all receipts and disbursements in civil	547
and criminal cases, which shall be a permanent public record of	548
the office. On the expiration of the term of the clerk, the clerk	549
shall deliver the records to the clerk's successor. The clerk	550
shall have other powers and duties as are prescribed by rule or	551
order of the court.	552

(G) All moneys paid into a municipal court shall be noted on	553
the record of the case in which they are paid and shall be	554
deposited in a state or national bank, or a domestic savings and	555
loan association, as defined in section 1151.01 of the Revised	556
Code, that is selected by the clerk. Any interest received upon	557
the deposits shall be paid into the city treasury, except that, in	558
a county-operated municipal court, the interest shall be paid into	559
the treasury of the county in which the court is located.	560

On the first Monday in January of each year, the clerk shall	561
make a list of the titles of all cases in the court that were	562
finally determined more than one year past in which there remains	563
unclaimed in the possession of the clerk any funds, or any part of	564
a deposit for security of costs not consumed by the costs in the	565
case. The clerk shall give notice of the moneys to the parties who	566
are entitled to the moneys or to their attorneys of record. All	567
the moneys remaining unclaimed on the first day of April of each	568
year shall be paid by the clerk to the city treasurer, except	569
that, in a county-operated municipal court, the moneys shall be	570
paid to the treasurer of the county in which the court is located.	571
The treasurer shall pay any part of the moneys at any time to the	572
person who has the right to the moneys upon proper certification	573
of the clerk.	574

(H) Deputy clerks of a municipal court other than the Carroll	575
county municipal court may be appointed by the clerk and shall	576
receive the compensation, payable in either biweekly installments	577
or semimonthly installments, as determined by the payroll	578
administrator, out of the city treasury, that the clerk may	579
prescribe, except that the compensation of any deputy clerk of a	580
county-operated municipal court shall be paid out of the treasury	581
of the county in which the court is located. The judge of the	582
Carroll county municipal court may appoint deputy clerks for the	583
court, and the deputy clerks shall receive the compensation,	584
payable in biweekly installments out of the county treasury, that	585
the judge may prescribe. Each deputy clerk shall take an oath of	586
office before entering upon the duties of the deputy clerk's	587
office and, when so qualified, may perform the duties appertaining	588
to the office of the clerk. The clerk may require any of the	589
deputy clerks to give bond of not less than three thousand	590
dollars, conditioned for the faithful performance of the deputy	591
clerk's duties.	592

(I) For the purposes of this section, whenever the population	593
of the territory of a municipal court falls below one hundred	594
thousand but not below ninety thousand, and the population of the	595
territory prior to the most recent regular federal census exceeded	596
one hundred thousand, the legislative authority of the municipal	597
corporation may declare, by resolution, that the territory shall	598
be considered to have a population of at least one hundred	599
thousand.	600

(J) The clerk or a deputy clerk shall be in attendance at all	601
sessions of the municipal court, although not necessarily in the	602
courtroom, and may administer oaths to witnesses and jurors and	603
receive verdicts.	604

Sec. 1901.44. (A)(1) Notwithstanding any other provision of	605
the Revised Code, if at the time of sentencing or at any time	606
after sentencing a municipal court finds that a person who is	607
found guilty of an offense is unable to pay costs, the court may	608
order the offender to perform community service in lieu of costs.	609

(2) Notwithstanding any other provision of the Revised Code,	610
if at the time of sentencing or at any time after sentencing a	611
municipal court finds that a person who is found guilty of an	612
offense will not be able to pay costs in full when they are due,	613
the court may order the offender to pay the costs in installments	614
according to a schedule set by the court.	615

(B) If a person is charged with an offense in municipal court	616
and either fails to appear in court at the required time and place	617
to answer the charge or pleads guilty to or is found guilty of the	618
offense and fails within the time allowed by the court to pay any	619
fine or costs imposed by the court, the court may enter	620
information relative to the person's failure to pay the fine or	621
costs on a form prescribed or approved by the registrar pursuant	622
to division (C) of this section and send the form to the	623
registrar. Upon receipt of the form, the registrar shall take any	624
measures necessary to ensure that neither the registrar nor any	625
deputy registrar accepts any application for the registration or	626
transfer of registration of any motor vehicle owned or leased by	627
the person. However, for a motor vehicle leased by the person, the	628
registrar shall not implement this requirement until the registrar	629
adopts procedures for that implementation under section 4503.39 of	630
the Revised Code.	631

The period of denial relating to the issuance or transfer of	632
a certificate of registration for a motor vehicle imposed under	633
this section remains in effect until the person pays any fine or	634
costs imposed by the court relative to the offense. When the fine	635
or costs have been paid in full, the court shall inform the	636
registrar of the payment by entering information relative to the	637
payment on a notice of payment form prescribed or approved by the	638
registrar pursuant to division (C) of this section and sending the	639
form to the registrar.	640

(C) The registrar shall prescribe and make available to	641
municipal courts forms to be used for a notice of failure to pay	642
fines or costs and a notice of payment of fines or costs under	643
division (B) of this section. The registrar may approve the use of	644
other forms for these purposes.	645

The registrar may require that any of the forms prescribed or	646
approved pursuant to this section be transmitted to the registrar	647
electronically. If the registrar requires electronic transmission,	648
the registrar shall not be required to give effect to any form	649
that is not transmitted electronically.	650

Sec. 1905.202. (A)(1) Notwithstanding any other provision of	651
the Revised Code, if at the time of sentencing or at any time	652
after sentencing a mayor's court finds that a person who is found	653
guilty of an offense is unable to pay costs, the court may order	654
the offender to perform community service in lieu of costs.	655

(2) Notwithstanding any other provision of the Revised Code,	656
if at the time of sentencing or at any time after sentencing a	657
mayor's court finds that a person who is found guilty of an	658
offense will not be able to pay costs in full when they are due,	659
the court may order the offender to pay the costs in installments	660
according to a schedule set by the court.	661

(B) If a person is charged with an offense in mayor's court	662
and either fails to appear in court at the required time and place	663
to answer the charge or pleads guilty to or is found guilty of the	664
offense and fails within the time allowed by the court to pay any	665
fine or costs imposed by the court, the court may enter	666
information relative to the person's failure to pay the fine or	667
costs on a form prescribed or approved by the registrar pursuant	668
to division (C) of this section and send the form to the	669
registrar. Upon receipt of the form, the registrar shall take any	670
measures necessary to ensure that neither the registrar nor any	671
deputy registrar accepts any application for the registration or	672
transfer of registration of any motor vehicle owned or leased by	673
the person. However, for a motor vehicle leased by the person, the	674
registrar shall not implement this requirement until the registrar	675
adopts procedures for that implementation under section 4503.39 of	676
the Revised Code.	677

The period of denial relating to the issuance or transfer of	678
a certificate of registration for a motor vehicle imposed under	679
this section remains in effect until the person pays any fine or	680
costs imposed by the court relative to the offense. When the fine	681
or costs have been paid in full, the court shall inform the	682
registrar of the payment by entering information relative to the	683
payment on a notice of payment form prescribed or approved by the	684
registrar pursuant to division (C) of this section and sending the	685
form to the registrar.	686

(C) The registrar shall prescribe and make available to	687
mayor's courts forms to be used for a notice of failure to pay	688
fines or costs and a notice of payment of fines or costs under	689
division (B) of this section. The registrar may approve the use of	690
other forms for these purposes.	691

The registrar may require that any of the forms prescribed or	692
approved pursuant to this section be transmitted to the registrar	693
electronically. If the registrar requires electronic transmission,	694
the registrar shall not be required to give effect to any form	695
that is not transmitted electronically.	696

Sec. 1907.20. (A) The clerk of courts shall be the clerk of	697
the county court, except that the board of county commissioners,	698
with the concurrence of the county court judges, may appoint a	699
clerk for each county court judge, who shall serve at the pleasure	700
of the board and shall receive compensation as set by the board,	701
payable in semimonthly installments from the treasury of the	702
county. An appointed clerk, before entering upon the duties of the	703
office, shall give bond of not less than five thousand dollars, as	704
determined by the board of county commissioners, conditioned upon	705
the faithful performance of the clerk's duties.	706

The clerks of courts of common pleas, when acting as the	707
clerks of county courts, and upon assuming their county court	708
duties, shall receive compensation at one-fourth the rate	709
prescribed for the clerks of courts of common pleas as determined	710
in accordance with the population of the county and the rates set	711
forth in sections 325.08 and 325.18 of the Revised Code. This	712
compensation shall be paid from the county treasury in semimonthly	713
installments and is in addition to the annual compensation	714
received for the performance of the duties of the clerk of a court	715
of common pleas as provided in sections 325.08 and 325.18 of the	716
Revised Code.	717

(B) The clerk of a county court shall have general powers to	718
administer oaths, take affidavits, and issue executions upon any	719
judgment rendered in the county court, including a judgment for	720
unpaid costs, power to issue and sign all writs, process,	721
subpoenas, and papers issuing out of the court, and to attach the	722
seal of the court to them, and power to approve all bonds,	723
sureties, recognizances, and undertakings fixed by any judge of	724
the court or by law. The clerk shall file and safely keep all	725
journals, records, books, and papers belonging or appertaining to	726
the court, record its proceedings, perform all other duties that	727
the judges of the court may prescribe, and keep a book showing all	728
receipts and disbursements, which shall be open for public	729
inspection at all times. The clerk may refuse to accept for filing	730
any pleading or paper submitted for filing by a person who has	731
been found to be a vexatious litigator under section 2323.52 of	732
the Revised Code and who has failed to obtain leave to proceed	733
under that section.	734

The clerk shall prepare and maintain a general index, a	735
docket as prescribed by the court, which shall be furnished by the	736
board of county commissioners, and such other records as the	737
court, by rule, requires, all of which shall be the public records	738
of the court. In the docket, the clerk shall enter at times of the	739
commencement of an action, the names of the parties in full, the	740
names of the counsel, and the nature of the proceedings. Under	741
proper dates, the clerk shall note the filing of the complaint,	742
issuing of summons or other process, returns, and pleadings	743
subsequent thereto. The clerk also shall enter all reports,	744
verdicts, orders, judgments, and proceedings of the court, clearly	745
specifying the relief granted or orders made in each action. The	746
court may order an extended record of any of the above to be made	747
and entered, under the proper action heading, upon the docket at	748
the request of any party to the case, the expense of which may be	749
taxed as costs in the case or may be required to be prepaid by the	750
party demanding the extended record, upon order of the court.	751

(C) The clerk of a county court shall receive and collect all	752
costs, fees, fines, penalties, bail, and other moneys payable to	753
the office or to any officer of the court and issue receipts	754
therefor, and shall ~~each~~on or before the twentieth day of the	755
month following the month in which they are collected disburse the	756
costs, fees, fines, penalties, bail, and other moneys to the	757
proper persons or officers and take receipts therefor. Subject to	758
sections 307.515, 4511.19, 4511.193, and 5503.04 of the Revised	759
Code and all other statutes that require a different distribution	760
of fines, fines received for violations of municipal ordinances	761
shall be paid into the treasury of the municipal corporation whose	762
ordinance was violated, fines received for violations of township	763
resolutions adopted pursuant to section 503.52 or 503.53 or	764
Chapter 504. of the Revised Code shall be paid into the treasury	765
of the township whose resolution was violated, and fines collected	766
for the violation of state laws shall be paid into the county	767
treasury. Moneys deposited as security for costs shall be retained	768
pending the litigation.	769

The clerk shall keep a separate account of all receipts and	770
disbursements in civil and criminal cases. The separate account	771
shall be a permanent public record of the office. On the	772
expiration of a clerk's term, those records shall be delivered to	773
the clerk's successor.	774

The clerk shall have such other powers and duties as are	775
prescribed by rule or order of the court.	776

(D) All moneys paid into a county court shall be noted on the	777
record of the case in which they are paid and shall be deposited	778
in a state or national bank selected by the clerk. On the first	779
Monday in January of each year, the clerk shall make a list of the	780
titles of all cases in the county court that were finally	781
determined more than one year past in which there remains	782
unclaimed in the possession of the clerk any funds, or any part of	783
a deposit for security of costs not consumed by the costs in the	784
case. The clerk shall give notice of the moneys to the parties	785
entitled to them or to their attorneys of record. All the moneys	786
remaining unclaimed on the first day of April of each year shall	787
be paid by the clerk to the county treasurer. Any part of the	788
moneys shall be paid by the county treasurer at any time to the	789
person having the right to them, upon proper certification of the	790
clerk.	791

(E)(1) In county court districts having appointed clerks,	792
deputy clerks may be appointed by the board of county	793
commissioners. Clerks and deputy clerks shall receive such	794
compensation payable in semimonthly installments out of the county	795
treasury as the board may prescribe. Each deputy clerk shall take	796
an oath of office before entering upon the duties of the deputy	797
clerk's office and, when so qualified, may perform the duties	798
appertaining to the office of the clerk. The clerk may require any	799
of the deputy clerks to give bond of not less than three thousand	800
dollars, conditioned for the faithful performance of the deputy	801
clerk's duties.	802

(2) A clerk of courts acting as clerk of the county court may	803
appoint deputy clerks to perform the duties pertaining to the	804
office of clerk of the county court. Each deputy clerk shall take	805
an oath of office before entering upon the deputy clerk's duties,	806
and the clerk of courts may require the deputy clerk to give bond	807
of not less than three thousand dollars, conditioned for the	808
faithful performance of the deputy clerk's duties.	809

(3) The clerk or a deputy clerk of a county court shall be in	810
attendance at all sessions of the court, although not necessarily	811
in the courtroom, and may administer oaths to witnesses and jurors	812
and receive verdicts.	813

(F)(1) In county court districts having appointed clerks, the	814
board of county commissioners may order the establishment of one	815
or more branch offices of the clerk and, with the concurrence of	816
the county judges, may appoint a special deputy clerk to	817
administer each branch office. Each special deputy clerk shall	818
take an oath of office before entering upon the duties of the	819
deputy clerk's office and, when so qualified, may perform any one	820
or more of the duties appertaining to the office of clerk, as the	821
board prescribes. Special deputy clerks shall receive such	822
compensation payable in semimonthly installments out of the county	823
treasury as the board may prescribe. The board may require any of	824
the special deputy clerks to give bond of not less than three	825
thousand dollars, conditioned for the faithful performance of the	826
deputy clerk's duties.	827

The board of county commissioners may authorize the clerk of	828
the county court to operate one or more branch offices, to divide	829
the clerk's time between the offices, and to perform duties	830
appertaining to the office of clerk in locations that the board	831
prescribes.	832

(2) A clerk of courts acting as clerk of the county court may	833
establish one or more branch offices for the clerk's duties as	834
clerk of the county court and, with the concurrence of the county	835
court judges, may appoint a special deputy clerk to administer	836
each branch office. Each special deputy clerk shall take an oath	837
of office before entering upon the deputy clerk's duties and, when	838
so qualified, may perform any of the duties pertaining to the	839
office of clerk, as the clerk of courts prescribes. The clerk of	840
courts may require any of the special deputy clerks to give bond	841
of not less than three thousand dollars, conditioned for the	842
faithful performance of the deputy clerk's duties.	843

(G) The clerk of courts of the county shall fix the	844
compensation of deputy clerks and special deputy clerks appointed	845
by the clerk pursuant to this section. Those personnel shall be	846
paid and be subject to the same requirements as other employees of	847
the clerk under the provisions of section 325.17 of the Revised	848
Code insofar as that section is applicable.	849

Sec. 1907.25. (A)(1) Notwithstanding any other provision of	850
the Revised Code, if at the time of sentencing or at any time	851
after sentencing a county court finds that a person who is found	852
guilty of an offense is unable to pay costs, the court may order	853
the offender to perform community service in lieu of costs.	854

(2) Notwithstanding any other provision of the Revised Code,	855
if at the time of sentencing or at any time after sentencing a	856
county court finds that a person who is found guilty of an offense	857
will not be able to pay costs in full when they are due, the court	858
may order the offender to pay the costs in installments according	859
to a schedule set by the court.	860

(B) If a person is charged with an offense in county court	861
and either fails to appear in court at the required time and place	862
to answer the charge or pleads guilty to or is found guilty of the	863
offense and fails within the time allowed by the court to pay any	864
fine or costs imposed by the court, the court may enter	865
information relative to the person's failure to pay the fine or	866
costs on a form prescribed or approved by the registrar pursuant	867
to division (C) of this section and send the form to the	868
registrar. Upon receipt of the form, the registrar shall take any	869
measures necessary to ensure that neither the registrar nor any	870
deputy registrar accepts any application for the registration or	871
transfer of registration of any motor vehicle owned or leased by	872
the person. However, for a motor vehicle leased by the person, the	873
registrar shall not implement this requirement until the registrar	874
adopts procedures for that implementation under section 4503.39 of	875
the Revised Code.	876

The period of denial relating to the issuance or transfer of	877
a certificate of registration for a motor vehicle imposed under	878
this section remains in effect until the person pays any fine or	879
costs imposed by the court relative to the offense. When the fine	880
or costs have been paid in full, the court shall inform the	881
registrar of the payment by entering information relative to the	882
payment on a notice of payment form prescribed or approved by the	883
registrar pursuant to division (C) of this section and sending the	884
form to the registrar.	885

(C) The registrar shall prescribe and make available to	886
county courts forms to be used for a notice of failure to pay	887
fines or costs and a notice of payment of fines or costs under	888
division (B) of this section. The registrar may approve the use of	889
other forms for these purposes.	890

The registrar may require that any of the forms prescribed or	891
approved pursuant to this section be transmitted to the registrar	892
electronically. If the registrar requires electronic transmission,	893
the registrar shall not be required to give effect to any form	894
that is not transmitted electronically.	895

Sec. 1907.26. Judges of a county court shall not retain any	896
of the costs or fees specified in the schedules adopted pursuant	897
to section 1907.24 of the Revised Code nor shall they retain a fee	898
for performing a marriage ceremony. Those costs and fees that	899
cannot be retained shall be transmitted to the general fund of the	900
county on or before the ~~first business~~twentieth day of ~~each~~the	901
month following the month in which they are collected.	902

Sec. 1907.261. (A)(1) A county court may determine that for	903
the efficient operation of the court additional funds are required	904
to computerize the court, to make available computerized legal	905
research services, or to do both. Upon making a determination that	906
additional funds are required for either or both of those	907
purposes, the court shall include in its schedule of fees and	908
costs under section 1907.24 of the Revised Code one additional fee	909
not to exceed three dollars on the filing of each cause of action	910
or appeal equivalent to one described in division (A), (Q), or (U)	911
of section 2303.20 of the Revised Code and shall direct the clerk	912
of the court to charge the fee.	913

(2) All fees collected under this section shall be paid on or	914
before the twentieth day of the month following the month in which	915
they are collected to the county treasurer. The treasurer shall	916
place the funds from the fees in a separate fund to be disbursed	917
either upon an order of the court, subject to an appropriation by	918
the board of county commissioners, or upon an order of the court,	919
subject to the court making an annual report available to the	920
public listing the use of all such funds, in an amount not greater	921
than the actual cost to the court of computerizing the court,	922
procuring and maintaining computerized legal research services, or	923
both.	924

(3) If the court determines that the funds in the fund	925
described in division (A)(2) of this section are more than	926
sufficient to satisfy the purpose for which the additional fee	927
described in division (A)(1) of this section was imposed, the	928
court may declare a surplus in the fund and, subject to an	929
appropriation by the board of county commissioners, expend those	930
surplus funds, or upon an order of the court, subject to the court	931
making an annual report available to the public listing the use of	932
all such funds, expend those surplus funds, for other appropriate	933
technological expenses of the court.	934

(B)(1) A county court may determine that, for the efficient	935
operation of the court, additional funds are required to	936
computerize the office of the clerk of the court and, upon that	937
determination, may include in its schedule of fees and costs under	938
section 1907.24 of the Revised Code an additional fee not to	939
exceed ten dollars on the filing of each cause of action or	940
appeal, on the filing, docketing, and endorsing of each	941
certificate of judgment, or on the docketing and indexing of each	942
aid in execution or petition to vacate, revive, or modify a	943
judgment that is equivalent to one described in division (A), (P),	944
(Q), (T), or (U) of section 2303.20 of the Revised Code. Subject	945
to division (B)(2) of this section, all moneys collected under	946
division (B)(1) of this section shall be paid on or before the	947
twentieth day of the month following the month in which they are	948
collected to the county treasurer. The treasurer shall place the	949
funds from the fees in a separate fund to be disbursed, upon an	950
order of the county court and subject to an appropriation by the	951
board of county commissioners, in an amount no greater than the	952
actual cost to the court of procuring and maintaining computer	953
systems for the office of the clerk of the county court.	954

(2) If a county court makes the determination described in	955
division (B)(1) of this section, the board of county commissioners	956
of that county may issue one or more general obligation bonds for	957
the purpose of procuring and maintaining the computer systems for	958
the office of the clerk of the county court. In addition to the	959
purposes stated in division (B)(1) of this section for which the	960
moneys collected under that division may be expended, the moneys	961
additionally may be expended to pay debt charges and financing	962
costs related to any general obligation bonds issued pursuant to	963
division (B)(2) of this section as they become due. General	964
obligation bonds issued pursuant to division (B)(2) of this	965
section are Chapter 133. securities.	966

Sec. 2947.09. (A) If a person is charged with an offense in	967
a court of common pleas and either fails to appear in court at the	968
required time and place to answer the charge or pleads guilty to	969
or is found guilty of the offense and fails within the time	970
allowed by the court to pay any fine or costs imposed by the	971
court, the court may enter information relative to the person's	972
failure to pay the fine or costs on a form prescribed or approved	973
by the registrar pursuant to division (B) of this section and send	974
the form to the registrar. Upon receipt of the form, the registrar	975
shall take any measures necessary to ensure that neither the	976
registrar nor any deputy registrar accepts any application for the	977
registration or transfer of registration of any motor vehicle	978
owned or leased by the person. However, for a motor vehicle leased	979
by the person, the registrar shall not implement this requirement	980
until the registrar adopts procedures for that implementation	981
under section 4503.39 of the Revised Code.	982

The period of denial relating to the issuance or transfer of	983
a certificate of registration for a motor vehicle imposed under	984
this section remains in effect until the person pays any fine or	985
costs imposed by the court relative to the offense. When the fine	986
or costs have been paid in full, the court shall inform the	987
registrar of the payment by entering information relative to the	988
payment on a notice of payment form prescribed or approved by the	989
registrar pursuant to division (B) of this section and sending the	990
form to the registrar.	991

(B) The registrar shall prescribe and make available to	992
courts of common pleas forms to be used for a notice of failure to	993
pay fines or costs and a notice of payment of fines or costs under	994
division (A) of this section. The registrar may approve the use of	995
other forms for these purposes.	996

The registrar may require that any of the forms prescribed or	997
approved pursuant to this section be transmitted to the registrar	998
electronically. If the registrar requires electronic transmission,	999
the registrar shall not be required to give effect to any form	1000
that is not transmitted electronically.	1001

Sec. 4503.39. With regard to a motor vehicle leased by or in	1002
the name of a person named in a suspension order or who is	1003
precluded from registering or transferring registration of a motor	1004
vehicle because of a failure to pay a fine or court costs, the	1005
registrar of motor vehicles shall adopt procedures as indicated in	1006
division (C)(2) of section 1901.44, division (A) of section	1007
1905.202, division (A) of section 1907.25, division (D) of section	1008
2935.27, division (A) of section 2937.221, and division (B) of	1009
section 4510.22 of the Revised Code. The procedures shall	1010
prescribe the information and methodology necessary to implement	1011
those divisions.	1012

Sec. 5503.02. (A) The state highway patrol shall enforce the	1013
laws of the state relating to the titling, registration, and	1014
licensing of motor vehicles; enforce on all roads and highways,	1015
notwithstanding section 4513.39 of the Revised Code, the laws	1016
relating to the operation and use of vehicles on the highways;	1017
enforce and prevent the violation of the laws relating to the	1018
size, weight, and speed of commercial motor vehicles and all laws	1019
designed for the protection of the highway pavements and	1020
structures on the highways; investigate and enforce rules and laws	1021
of the public utilities commission governing the transportation of	1022
persons and property by motor carriers and report violations of	1023
such rules and laws to the commission; enforce against any motor	1024
transportation company as defined in section 4921.02 of the	1025
Revised Code, any contract carrier by motor vehicle as defined in	1026
section 4923.02 of the Revised Code, any private motor carrier as	1027
defined in section 4923.20 of the Revised Code, and any motor	1028
carrier as defined in section 4919.75 of the Revised Code those	1029
rules and laws that, if violated, may result in a forfeiture as	1030
provided in section 4905.83, 4919.99, 4921.99, or 4923.99 of the	1031
Revised Code; investigate and report violations of all laws	1032
relating to the collection of excise taxes on motor vehicle fuels;	1033
and regulate the movement of traffic on the roads and highways of	1034
the state, notwithstanding section 4513.39 of the Revised Code.	1035

The patrol, whenever possible, shall determine the identity	1036
of the persons who are causing or who are responsible for the	1037
breaking, damaging, or destruction of any improved surfaced	1038
roadway, structure, sign, marker, guardrail, or other appurtenance	1039
constructed or maintained by the department of transportation and	1040
shall arrest the persons who are responsible for the breaking,	1041
damaging, or destruction and bring them before the proper	1042
officials for prosecution.	1043

State highway patrol troopers shall investigate and report	1044
all motor vehicle accidents on all roads and highways outside of	1045
municipal corporations. The superintendent of the patrol or any	1046
state highway patrol trooper may arrest, without a warrant, any	1047
person, who is the driver of or a passenger in any vehicle	1048
operated or standing on a state highway, whom the superintendent	1049
or trooper has reasonable cause to believe is guilty of a felony,	1050
under the same circumstances and with the same power that any	1051
peace officer may make such an arrest.	1052

The superintendent or any state highway patrol trooper may	1053
enforce the criminal laws on all state properties and state	1054
institutions, owned or leased by the state, and, when so ordered	1055
by the governor in the event of riot, civil disorder, or	1056
insurrection, may, pursuant to sections 2935.03 to 2935.05 of the	1057
Revised Code, arrest offenders against the criminal laws wherever	1058
they may be found within the state if the violations occurred	1059
upon, or resulted in injury to person or property on, state	1060
properties or state institutions, or under the conditions	1061
described in division (B) of this section. This authority of the	1062
superintendent and any state highway patrol trooper to enforce the	1063
criminal laws shall extend to any privately owned correctional	1064
facility housing Ohio inmates in this state, if the facility is	1065
being operated under an agreement with the department of	1066
rehabilitation and correction, to the same extent as if the	1067
facility were owned by this state.	1068

(B) In the event of riot, civil disorder, or insurrection, or	1069
the reasonable threat of riot, civil disorder, or insurrection,	1070
and upon request, as provided in this section, of the sheriff of a	1071
county or the mayor or other chief executive of a municipal	1072
corporation, the governor may order the state highway patrol to	1073
enforce the criminal laws within the area threatened by riot,	1074
civil disorder, or insurrection, as designated by the governor,	1075
upon finding that law enforcement agencies within the counties	1076
involved will not be reasonably capable of controlling the riot,	1077
civil disorder, or insurrection and that additional assistance is	1078
necessary. In cities in which the sheriff is under contract to	1079
provide exclusive police services pursuant to section 311.29 of	1080
the Revised Code, in villages, and in the unincorporated areas of	1081
the county, the sheriff has exclusive authority to request the use	1082
of the patrol. In cities in which the sheriff does not exclusively	1083
provide police services, the mayor, or other chief executive	1084
performing the duties of mayor, has exclusive authority to request	1085
the use of the patrol.	1086

The superintendent or any state highway patrol trooper may	1087
enforce the criminal laws within the area designated by the	1088
governor during the emergency arising out of the riot, civil	1089
disorder, or insurrection until released by the governor upon	1090
consultation with the requesting authority. State highway patrol	1091
troopers shall never be used as peace officers in connection with	1092
any strike or labor dispute.	1093

When a request for the use of the patrol is made pursuant to	1094
this division, the requesting authority shall notify the law	1095
enforcement authorities in contiguous communities and the sheriff	1096
of each county within which the threatened area, or any part of	1097
the threatened area, lies of the request, but the failure to	1098
notify the authorities or a sheriff shall not affect the validity	1099
of the request.	1100

(C) Any person who is arrested by the superintendent or a	1101
state highway patrol trooper shall be taken before any court or	1102
magistrate having jurisdiction of the offense with which the	1103
person is charged. Any person who is arrested or apprehended	1104
within the limits of a municipal corporation shall be brought	1105
before the municipal court or other tribunal of the municipal	1106
corporation.	1107

(D)(1) State highway patrol troopers have the same right and	1108
power of search and seizure as other peace officers.	1109

No state official shall command, order, or direct any state	1110
highway patrol trooper to perform any duty or service that is not	1111
authorized by law. The powers and duties conferred on the patrol	1112
are supplementary to, and in no way a limitation on, the powers	1113
and duties of sheriffs or other peace officers of the state.	1114

(2)(a) A state highway patrol trooper, pursuant to the policy	1115
established by the superintendent of the state highway patrol	1116
under division (D)(2)(b) of this section, may render emergency	1117
assistance to any other peace officer who has arrest authority	1118
under section 2935.03 of the Revised Code, if both of the	1119
following apply:	1120

(i) There is a threat of imminent physical danger to the	1121
peace officer, a threat of physical harm to another person, or any	1122
other serious emergency situation;	1123

(ii) Either the peace officer requests emergency assistance,	1124
or it appears that the peace officer is unable to request	1125
emergency assistance and the circumstances observed by the state	1126
highway patrol trooper reasonably indicate that emergency	1127
assistance is appropriate, or the peace officer requests emergency	1128
assistance and in the request the peace officer specifies a	1129
particular location and the state highway patrol trooper arrives	1130
at that location prior to the time that the peace officer arrives	1131
at that location and the circumstances observed by the state	1132
highway patrol trooper reasonably indicate that emergency	1133
assistance is appropriate.	1134

(b) The superintendent of the state highway patrol shall	1135
establish, within sixty days of August 8, 1991, a policy that sets	1136
forth the manner and procedures by which a state highway patrol	1137
trooper may render emergency assistance to any other peace officer	1138
under division (D)(2)(a) of this section. The policy shall include	1139
a provision that a state highway patrol trooper never be used as a	1140
peace officer in connection with any strike or labor dispute.	1141

(3)(a) A state highway patrol trooper who renders emergency	1142
assistance to any other peace officer under the policy established	1143
by the superintendent pursuant to division (D)(2)(b) of this	1144
section shall be considered to be performing regular employment	1145
for the purposes of compensation, pension, indemnity fund rights,	1146
workers' compensation, and other rights or benefits to which the	1147
trooper may be entitled as incident to regular employment.	1148

(b) A state highway patrol trooper who renders emergency	1149
assistance to any other peace officer under the policy established	1150
by the superintendent pursuant to division (D)(2)(b) of this	1151
section retains personal immunity from liability as specified in	1152
section 9.86 of the Revised Code.	1153

(c) A state highway patrol trooper who renders emergency	1154
assistance under the policy established by the superintendent	1155
pursuant to division (D)(2)(b) of this section has the same	1156
authority as the peace officer for or with whom the state highway	1157
patrol trooper is providing emergency assistance.	1158

(E)(1) Subject to the availability of funds specifically	1159
appropriated by the general assembly for security detail purposes,	1160
the state highway patrol shall provide security as follows:	1161

(a) For the governor;

1162

(b) At the direction of the governor, for other officials of	1163
the state government of this state; officials of the state	1164
governments of other states who are visiting this state; officials	1165
of the United States government who are visiting this state;	1166
officials of the governments of foreign countries or their	1167
political subdivisions who are visiting this state; or other	1168
officials or dignitaries who are visiting this state, including,	1169
but not limited to, members of trade missions;	1170

(c) For the capitol square, as defined in section 105.41 of	1171
the Revised Code;	1172

(d) For other state property.

1173

(2) To carry out the security responsibilities of the patrol	1174
listed in division (E)(1) of this section, the superintendent may	1175
assign state highway patrol troopers to a separate unit that is	1176
responsible for security details. The number of troopers assigned	1177
to particular security details shall be determined by the	1178
superintendent.	1179

(3) The superintendent and any state highway patrol trooper,	1180
when providing security pursuant to division (E)(1)(a) or (b) of	1181
this section, have the same arrest powers as other peace officers	1182
to apprehend offenders against the criminal laws who endanger or	1183
threaten the security of any person being protected, no matter	1184
where the offense occurs.	1185

The superintendent, any state highway patrol trooper, and any	1186
special police officer designated under section 5503.09 of the	1187
Revised Code, when providing security pursuant to division	1188
(E)(1)(c) of this section, shall enforce any rules governing	1189
capitol square adopted by the capitol square review and advisory	1190
board.	1191

(F) The governor may order the state highway patrol to	1192
undertake major criminal investigations that involve state	1193
property interests. If an investigation undertaken pursuant to	1194
this division results in either the issuance of a no bill or the	1195
filing of an indictment, the superintendent shall file a complete	1196
and accurate report of the investigation with the president of the	1197
senate, the speaker of the house of representatives, the minority	1198
leader of the senate, and the minority leader of the house of	1199
representatives within fifteen days after the issuance of the no	1200
bill or the filing of an indictment. If the investigation does not	1201
have as its result any prosecutorial action, the superintendent	1202
shall, upon reporting this fact to the governor, file a complete	1203
and accurate report of the investigation with the president of the	1204
senate, the speaker of the house of representatives, the minority	1205
leader of the senate, and the minority leader of the house of	1206
representatives.	1207

(G) The superintendent may purchase or lease real property	1208
and buildings needed by the patrol, negotiate the sale of real	1209
property owned by the patrol, rent or lease real property owned or	1210
leased by the patrol, and make or cause to be made repairs to all	1211
property owned or under the control of the patrol. Any instrument	1212
by which real property is acquired pursuant to this division shall	1213
identify the agency of the state that has the use and benefit of	1214
the real property as specified in section 5301.012 of the Revised	1215
Code.	1216

Sections 123.01 and 125.02 of the Revised Code do not limit	1217
the powers granted to the superintendent by this division.	1218

Section 2. That existing sections 1901.261, 1901.31,	1219
1907.20, 1907.26, 1907.261, 4503.39, and 5503.02 of the Revised	1220
Code are hereby repealed.	1221