As Reported by the Senate Government Oversight and Reform Committee

129th General Assembly
Regular Session
2011-2012
Am. H. B. No. 302


Representative Adams, R. 

Cosponsors: Representatives Letson, Amstutz, Beck, Blair, Buchy, Carey, Combs, Fedor, Gerberry, Grossman, Huffman, Johnson, Luckie, Slaby, Young Speaker Batchelder 

Senators Coley, Obhof 

A BILL
To amend section 1901.31 of the Revised Code to make 1
the clerk of courts of Miami County the clerk of 2
the Miami County Municipal Court and to declare an 3
emergency.4


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

       Section 1. That section 1901.31 of the Revised Code be 5
amended to read as follows:6

       Sec. 1901.31.  The clerk and deputy clerks of a municipal 7
court shall be selected, be compensated, give bond, and have 8
powers and duties as follows:9

       (A) There shall be a clerk of the court who is appointed or 10
elected as follows:11

       (1)(a) Except in the Akron, Barberton, Toledo, Hamilton 12
county, Miami county, Montgomery county, Portage county, and Wayne 13
county municipal courts and through December 31, 2008, the 14
Cuyahoga Falls municipal court, if the population of the territory 15
equals or exceeds one hundred thousand at the regular municipal 16
election immediately preceding the expiration of the term of the 17
present clerk, the clerk shall be nominated and elected by the 18
qualified electors of the territory in the manner that is provided 19
for the nomination and election of judges in section 1901.07 of 20
the Revised Code.21

       The clerk so elected shall hold office for a term of six 22
years, which term shall commence on the first day of January 23
following the clerk's election and continue until the clerk's 24
successor is elected and qualified.25

       (b) In the Hamilton county municipal court, the clerk of 26
courts of Hamilton county shall be the clerk of the municipal 27
court and may appoint an assistant clerk who shall receive the 28
compensation, payable out of the treasury of Hamilton county in 29
semimonthly installments, that the board of county commissioners 30
prescribes. The clerk of courts of Hamilton county, acting as the 31
clerk of the Hamilton county municipal court and assuming the 32
duties of that office, shall receive compensation at one-fourth 33
the rate that is prescribed for the clerks of courts of common 34
pleas as determined in accordance with the population of the 35
county and the rates set forth in sections 325.08 and 325.18 of 36
the Revised Code. This compensation shall be paid from the county 37
treasury in semimonthly installments and is in addition to the 38
annual compensation that is received for the performance of the 39
duties of the clerk of courts of Hamilton county, as provided in 40
sections 325.08 and 325.18 of the Revised Code.41

       (c) In the Portage county and Wayne county municipal courts, 42
the clerks of courts of Portage county and Wayne county shall be 43
the clerks, respectively, of the Portage county and Wayne county 44
municipal courts and may appoint a chief deputy clerk for each 45
branch that is established pursuant to section 1901.311 of the 46
Revised Code and assistant clerks as the judges of the municipal 47
court determine are necessary, all of whom shall receive the 48
compensation that the legislative authority prescribes. The clerks 49
of courts of Portage county and Wayne county, acting as the clerks 50
of the Portage county and Wayne county municipal courts and 51
assuming the duties of these offices, shall receive compensation 52
payable from the county treasury in semimonthly installments at 53
one-fourth the rate that is prescribed for the clerks of courts of 54
common pleas as determined in accordance with the population of 55
the county and the rates set forth in sections 325.08 and 325.18 56
of the Revised Code.57

       (d) In the Montgomery county and Miami county municipal court58
courts, the clerkclerks of courts of Montgomery county and Miami 59
county shall be the clerkclerks, respectively, of the Montgomery 60
county and Miami county municipal courtcourts. The clerkclerks61
of courts of Montgomery county and Miami county, acting as the 62
clerkclerks of the Montgomery county and Miami county municipal 63
courtcourts and assuming the duties of that officethese offices, 64
shall receive compensation at one-fourth the rate that is 65
prescribed for the clerks of courts of common pleas as determined 66
in accordance with the population of the county and the rates set 67
forth in sections 325.08 and 325.18 of the Revised Code. This 68
compensation shall be paid from the county treasury in semimonthly 69
installments and is in addition to the annual compensation that is 70
received for the performance of the duties of the clerkclerks of 71
courts of Montgomery county and Miami county, as provided in 72
sections 325.08 and 325.18 of the Revised Code. 73

       (e) Except as otherwise provided in division (A)(1)(e) of 74
this section, in the Akron municipal court, candidates for 75
election to the office of clerk of the court shall be nominated by 76
primary election. The primary election shall be held on the day 77
specified in the charter of the city of Akron for the nomination 78
of municipal officers. Notwithstanding any contrary provision of 79
section 3513.05 or 3513.257 of the Revised Code, the declarations 80
of candidacy and petitions of partisan candidates and the 81
nominating petitions of independent candidates for the office of 82
clerk of the Akron municipal court shall be signed by at least 83
fifty qualified electors of the territory of the court.84

       The candidates shall file a declaration of candidacy and 85
petition, or a nominating petition, whichever is applicable, not 86
later than four p.m. of the ninetieth day before the day of the 87
primary election, in the form prescribed by section 3513.07 or 88
3513.261 of the Revised Code. The declaration of candidacy and 89
petition, or the nominating petition, shall conform to the 90
applicable requirements of section 3513.05 or 3513.257 of the 91
Revised Code.92

       If no valid declaration of candidacy and petition is filed by 93
any person for nomination as a candidate of a particular political 94
party for election to the office of clerk of the Akron municipal 95
court, a primary election shall not be held for the purpose of 96
nominating a candidate of that party for election to that office. 97
If only one person files a valid declaration of candidacy and 98
petition for nomination as a candidate of a particular political 99
party for election to that office, a primary election shall not be 100
held for the purpose of nominating a candidate of that party for 101
election to that office, and the candidate shall be issued a 102
certificate of nomination in the manner set forth in section 103
3513.02 of the Revised Code.104

       Declarations of candidacy and petitions, nominating 105
petitions, and certificates of nomination for the office of clerk 106
of the Akron municipal court shall contain a designation of the 107
term for which the candidate seeks election. At the following 108
regular municipal election, all candidates for the office shall be 109
submitted to the qualified electors of the territory of the court 110
in the manner that is provided in section 1901.07 of the Revised 111
Code for the election of the judges of the court. The clerk so 112
elected shall hold office for a term of six years, which term 113
shall commence on the first day of January following the clerk's 114
election and continue until the clerk's successor is elected and 115
qualified.116

        (f) Except as otherwise provided in division (A)(1)(f) of 117
this section, in the Barberton municipal court, candidates for 118
election to the office of clerk of the court shall be nominated by 119
primary election. The primary election shall be held on the day 120
specified in the charter of the city of Barberton for the 121
nomination of municipal officers. Notwithstanding any contrary 122
provision of section 3513.05 or 3513.257 of the Revised Code, the 123
declarations of candidacy and petitions of partisan candidates and 124
the nominating petitions of independent candidates for the office 125
of clerk of the Barberton municipal court shall be signed by at 126
least fifty qualified electors of the territory of the court.127

       The candidates shall file a declaration of candidacy and 128
petition, or a nominating petition, whichever is applicable, not 129
later than four p.m. of the ninetieth day before the day of the 130
primary election, in the form prescribed by section 3513.07 or 131
3513.261 of the Revised Code. The declaration of candidacy and 132
petition, or the nominating petition, shall conform to the 133
applicable requirements of section 3513.05 or 3513.257 of the 134
Revised Code.135

       If no valid declaration of candidacy and petition is filed by 136
any person for nomination as a candidate of a particular political 137
party for election to the office of clerk of the Barberton 138
municipal court, a primary election shall not be held for the 139
purpose of nominating a candidate of that party for election to 140
that office. If only one person files a valid declaration of 141
candidacy and petition for nomination as a candidate of a 142
particular political party for election to that office, a primary 143
election shall not be held for the purpose of nominating a 144
candidate of that party for election to that office, and the 145
candidate shall be issued a certificate of nomination in the 146
manner set forth in section 3513.02 of the Revised Code.147

       Declarations of candidacy and petitions, nominating 148
petitions, and certificates of nomination for the office of clerk 149
of the Barberton municipal court shall contain a designation of 150
the term for which the candidate seeks election. At the following 151
regular municipal election, all candidates for the office shall be 152
submitted to the qualified electors of the territory of the court 153
in the manner that is provided in section 1901.07 of the Revised 154
Code for the election of the judges of the court. The clerk so 155
elected shall hold office for a term of six years, which term 156
shall commence on the first day of January following the clerk's 157
election and continue until the clerk's successor is elected and 158
qualified.159

       (g)(i) Through December 31, 2008, except as otherwise 160
provided in division (A)(1)(g)(i) of this section, in the Cuyahoga 161
Falls municipal court, candidates for election to the office of 162
clerk of the court shall be nominated by primary election. The 163
primary election shall be held on the day specified in the charter 164
of the city of Cuyahoga Falls for the nomination of municipal 165
officers. Notwithstanding any contrary provision of section 166
3513.05 or 3513.257 of the Revised Code, the declarations of 167
candidacy and petitions of partisan candidates and the nominating 168
petitions of independent candidates for the office of clerk of the 169
Cuyahoga Falls municipal court shall be signed by at least fifty 170
qualified electors of the territory of the court.171

       The candidates shall file a declaration of candidacy and 172
petition, or a nominating petition, whichever is applicable, not 173
later than four p.m. of the ninetieth day before the day of the 174
primary election, in the form prescribed by section 3513.07 or 175
3513.261 of the Revised Code. The declaration of candidacy and 176
petition, or the nominating petition, shall conform to the 177
applicable requirements of section 3513.05 or 3513.257 of the 178
Revised Code.179

       If no valid declaration of candidacy and petition is filed by 180
any person for nomination as a candidate of a particular political 181
party for election to the office of clerk of the Cuyahoga Falls 182
municipal court, a primary election shall not be held for the 183
purpose of nominating a candidate of that party for election to 184
that office. If only one person files a valid declaration of 185
candidacy and petition for nomination as a candidate of a 186
particular political party for election to that office, a primary 187
election shall not be held for the purpose of nominating a 188
candidate of that party for election to that office, and the 189
candidate shall be issued a certificate of nomination in the 190
manner set forth in section 3513.02 of the Revised Code.191

       Declarations of candidacy and petitions, nominating 192
petitions, and certificates of nomination for the office of clerk 193
of the Cuyahoga Falls municipal court shall contain a designation 194
of the term for which the candidate seeks election. At the 195
following regular municipal election, all candidates for the 196
office shall be submitted to the qualified electors of the 197
territory of the court in the manner that is provided in section 198
1901.07 of the Revised Code for the election of the judges of the 199
court. The clerk so elected shall hold office for a term of six 200
years, which term shall commence on the first day of January 201
following the clerk's election and continue until the clerk's 202
successor is elected and qualified.203

       (ii) Division (A)(1)(g)(i) of this section shall have no 204
effect after December 31, 2008.205

       (h) Except as otherwise provided in division (A)(1)(h) of 206
this section, in the Toledo municipal court, candidates for 207
election to the office of clerk of the court shall be nominated by 208
primary election. The primary election shall be held on the day 209
specified in the charter of the city of Toledo for the nomination 210
of municipal officers. Notwithstanding any contrary provision of 211
section 3513.05 or 3513.257 of the Revised Code, the declarations 212
of candidacy and petitions of partisan candidates and the 213
nominating petitions of independent candidates for the office of 214
clerk of the Toledo municipal court shall be signed by at least 215
fifty qualified electors of the territory of the court.216

       The candidates shall file a declaration of candidacy and 217
petition, or a nominating petition, whichever is applicable, not 218
later than four p.m. of the ninetieth day before the day of the 219
primary election, in the form prescribed by section 3513.07 or 220
3513.261 of the Revised Code. The declaration of candidacy and 221
petition, or the nominating petition, shall conform to the 222
applicable requirements of section 3513.05 or 3513.257 of the 223
Revised Code.224

       If no valid declaration of candidacy and petition is filed by 225
any person for nomination as a candidate of a particular political 226
party for election to the office of clerk of the Toledo municipal 227
court, a primary election shall not be held for the purpose of 228
nominating a candidate of that party for election to that office. 229
If only one person files a valid declaration of candidacy and 230
petition for nomination as a candidate of a particular political 231
party for election to that office, a primary election shall not be 232
held for the purpose of nominating a candidate of that party for 233
election to that office, and the candidate shall be issued a 234
certificate of nomination in the manner set forth in section 235
3513.02 of the Revised Code.236

       Declarations of candidacy and petitions, nominating 237
petitions, and certificates of nomination for the office of clerk 238
of the Toledo municipal court shall contain a designation of the 239
term for which the candidate seeks election. At the following 240
regular municipal election, all candidates for the office shall be 241
submitted to the qualified electors of the territory of the court 242
in the manner that is provided in section 1901.07 of the Revised 243
Code for the election of the judges of the court. The clerk so 244
elected shall hold office for a term of six years, which term 245
shall commence on the first day of January following the clerk's 246
election and continue until the clerk's successor is elected and 247
qualified.248

       (2)(a) Except for the Alliance, Auglaize county, Brown 249
county, Columbiana county, Holmes county, Putnam county, Lorain, 250
Massillon, and Youngstown municipal courts, in a municipal court 251
for which the population of the territory is less than one hundred 252
thousand, the clerk shall be appointed by the court, and the clerk 253
shall hold office until the clerk's successor is appointed and 254
qualified.255

       (b) In the Alliance, Lorain, Massillon, and Youngstown 256
municipal courts, the clerk shall be elected for a term of office 257
as described in division (A)(1)(a) of this section.258

       (c) In the Auglaize county, Brown county, Holmes county, and 259
Putnam county municipal courts, the clerks of courts of Auglaize 260
county, Brown county, Holmes county, and Putnam county shall be 261
the clerks, respectively, of the Auglaize county, Brown county, 262
Holmes county, and Putnam county municipal courts and may appoint 263
a chief deputy clerk for each branch office that is established 264
pursuant to section 1901.311 of the Revised Code, and assistant 265
clerks as the judge of the court determines are necessary, all of 266
whom shall receive the compensation that the legislative authority 267
prescribes. The clerks of courts of Auglaize county, Brown county, 268
Holmes county, and Putnam county, acting as the clerks of the 269
Auglaize county, Brown county, Holmes county, and Putnam county 270
municipal courts and assuming the duties of these offices, shall 271
receive compensation payable from the county treasury in 272
semimonthly installments at one-fourth the rate that is prescribed 273
for the clerks of courts of common pleas as determined in 274
accordance with the population of the county and the rates set 275
forth in sections 325.08 and 325.18 of the Revised Code.276

       (d) In the Columbiana county municipal court, the clerk of 277
courts of Columbiana county shall be the clerk of the municipal 278
court, may appoint a chief deputy clerk for each branch office 279
that is established pursuant to section 1901.311 of the Revised 280
Code, and may appoint any assistant clerks that the judges of the 281
court determine are necessary. All of the chief deputy clerks and 282
assistant clerks shall receive the compensation that the 283
legislative authority prescribes. The clerk of courts of 284
Columbiana county, acting as the clerk of the Columbiana county 285
municipal court and assuming the duties of that office, shall 286
receive in either biweekly installments or semimonthly 287
installments, as determined by the payroll administrator, 288
compensation payable from the county treasury at one-fourth the 289
rate that is prescribed for the clerks of courts of common pleas 290
as determined in accordance with the population of the county and 291
the rates set forth in sections 325.08 and 325.18 of the Revised 292
Code.293

       (3) During the temporary absence of the clerk due to illness, 294
vacation, or other proper cause, the court may appoint a temporary 295
clerk, who shall be paid the same compensation, have the same 296
authority, and perform the same duties as the clerk.297

       (B) Except in the Hamilton county, Montgomery county, Miami 298
county, Portage county, and Wayne county municipal courts, if a 299
vacancy occurs in the office of the clerk of the Alliance, Lorain, 300
Massillon, or Youngstown municipal court or occurs in the office 301
of the clerk of a municipal court for which the population of the 302
territory equals or exceeds one hundred thousand because the clerk 303
ceases to hold the office before the end of the clerk's term or 304
because a clerk-elect fails to take office, the vacancy shall be 305
filled, until a successor is elected and qualified, by a person 306
chosen by the residents of the territory of the court who are 307
members of the county central committee of the political party by 308
which the last occupant of that office or the clerk-elect was 309
nominated. Not less than five nor more than fifteen days after a 310
vacancy occurs, those members of that county central committee 311
shall meet to make an appointment to fill the vacancy. At least 312
four days before the date of the meeting, the chairperson or a 313
secretary of the county central committee shall notify each such 314
member of that county central committee by first class mail of the 315
date, time, and place of the meeting and its purpose. A majority 316
of all such members of that county central committee constitutes a 317
quorum, and a majority of the quorum is required to make the 318
appointment. If the office so vacated was occupied or was to be 319
occupied by a person not nominated at a primary election, or if 320
the appointment was not made by the committee members in 321
accordance with this division, the court shall make an appointment 322
to fill the vacancy. A successor shall be elected to fill the 323
office for the unexpired term at the first municipal election that 324
is held more than one hundred thirty-five days after the vacancy 325
occurred.326

       (C)(1) In a municipal court, other than the Auglaize county, 327
the Brown county, the Columbiana county, the Holmes county, the 328
Putnam county, and the Lorain municipal courts, for which the 329
population of the territory is less than one hundred thousand, the 330
clerk of the municipal court shall receive the annual compensation 331
that the presiding judge of the court prescribes, if the revenue 332
of the court for the preceding calendar year, as certified by the 333
auditor or chief fiscal officer of the municipal corporation in 334
which the court is located or, in the case of a county-operated 335
municipal court, the county auditor, is equal to or greater than 336
the expenditures, including any debt charges, for the operation of 337
the court payable under this chapter from the city treasury or, in 338
the case of a county-operated municipal court, the county treasury 339
for that calendar year, as also certified by the auditor or chief 340
fiscal officer. If the revenue of a municipal court, other than 341
the Auglaize county, the Brown county, the Columbiana county, the 342
Putnam county, and the Lorain municipal courts, for which the 343
population of the territory is less than one hundred thousand for 344
the preceding calendar year as so certified is not equal to or 345
greater than those expenditures for the operation of the court for 346
that calendar year as so certified, the clerk of a municipal court 347
shall receive the annual compensation that the legislative 348
authority prescribes. As used in this division, "revenue" means 349
the total of all costs and fees that are collected and paid to the 350
city treasury or, in a county-operated municipal court, the county 351
treasury by the clerk of the municipal court under division (F) of 352
this section and all interest received and paid to the city 353
treasury or, in a county-operated municipal court, the county 354
treasury in relation to the costs and fees under division (G) of 355
this section.356

       (2) In a municipal court, other than the Hamilton county, 357
Montgomery county, Miami county, Portage county, and Wayne county 358
municipal courts, for which the population of the territory is one 359
hundred thousand or more, and in the Lorain municipal court, the 360
clerk of the municipal court shall receive annual compensation in 361
a sum equal to eighty-five per cent of the salary of a judge of 362
the court.363

       (3) The compensation of a clerk described in division (C)(1) 364
or (2) of this section and of the clerk of the Columbiana county 365
municipal court is payable in either semimonthly installments or 366
biweekly installments, as determined by the payroll administrator, 367
from the same sources and in the same manner as provided in 368
section 1901.11 of the Revised Code, except that the compensation 369
of the clerk of the Carroll county municipal court is payable in 370
biweekly installments.371

       (D) Before entering upon the duties of the clerk's office, 372
the clerk of a municipal court shall give bond of not less than 373
six thousand dollars to be determined by the judges of the court, 374
conditioned upon the faithful performance of the clerk's duties.375

       (E) The clerk of a municipal court may do all of the 376
following: administer oaths, take affidavits, and issue executions 377
upon any judgment rendered in the court, including a judgment for 378
unpaid costs; issue, sign, and attach the seal of the court to all 379
writs, process, subpoenas, and papers issuing out of the court; 380
and approve all bonds, sureties, recognizances, and undertakings 381
fixed by any judge of the court or by law. The clerk may refuse to 382
accept for filing any pleading or paper submitted for filing by a 383
person who has been found to be a vexatious litigator under 384
section 2323.52 of the Revised Code and who has failed to obtain 385
leave to proceed under that section. The clerk shall do all of the 386
following: file and safely keep all journals, records, books, and 387
papers belonging or appertaining to the court; record the 388
proceedings of the court; perform all other duties that the judges 389
of the court may prescribe; and keep a book showing all receipts 390
and disbursements, which book shall be open for public inspection 391
at all times.392

       The clerk shall prepare and maintain a general index, a 393
docket, and other records that the court, by rule, requires, all 394
of which shall be the public records of the court. In the docket, 395
the clerk shall enter, at the time of the commencement of an 396
action, the names of the parties in full, the names of the 397
counsel, and the nature of the proceedings. Under proper dates, 398
the clerk shall note the filing of the complaint, issuing of 399
summons or other process, returns, and any subsequent pleadings. 400
The clerk also shall enter all reports, verdicts, orders, 401
judgments, and proceedings of the court, clearly specifying the 402
relief granted or orders made in each action. The court may order 403
an extended record of any of the above to be made and entered, 404
under the proper action heading, upon the docket at the request of 405
any party to the case, the expense of which record may be taxed as 406
costs in the case or may be required to be prepaid by the party 407
demanding the record, upon order of the court.408

       (F) The clerk of a municipal court shall receive, collect, 409
and issue receipts for all costs, fees, fines, bail, and other 410
moneys payable to the office or to any officer of the court. The 411
clerk shall each month disburse to the proper persons or officers, 412
and take receipts for, all costs, fees, fines, bail, and other 413
moneys that the clerk collects. Subject to sections 307.515 and 414
4511.193 of the Revised Code and to any other section of the 415
Revised Code that requires a specific manner of disbursement of 416
any moneys received by a municipal court and except for the 417
Hamilton county, Lawrence county, and Ottawa county municipal 418
courts, the clerk shall pay all fines received for violation of 419
municipal ordinances into the treasury of the municipal 420
corporation the ordinance of which was violated and shall pay all 421
fines received for violation of township resolutions adopted 422
pursuant to section 503.52 or 503.53 or Chapter 504. of the 423
Revised Code into the treasury of the township the resolution of 424
which was violated. Subject to sections 1901.024 and 4511.193 of 425
the Revised Code, in the Hamilton county, Lawrence county, and 426
Ottawa county municipal courts, the clerk shall pay fifty per cent 427
of the fines received for violation of municipal ordinances and 428
fifty per cent of the fines received for violation of township 429
resolutions adopted pursuant to section 503.52 or 503.53 or 430
Chapter 504. of the Revised Code into the treasury of the county. 431
Subject to sections 307.515, 4511.19, and 5503.04 of the Revised 432
Code and to any other section of the Revised Code that requires a 433
specific manner of disbursement of any moneys received by a 434
municipal court, the clerk shall pay all fines collected for the 435
violation of state laws into the county treasury. Except in a 436
county-operated municipal court, the clerk shall pay all costs and 437
fees the disbursement of which is not otherwise provided for in 438
the Revised Code into the city treasury. The clerk of a 439
county-operated municipal court shall pay the costs and fees the 440
disbursement of which is not otherwise provided for in the Revised 441
Code into the county treasury. Moneys deposited as security for 442
costs shall be retained pending the litigation. The clerk shall 443
keep a separate account of all receipts and disbursements in civil 444
and criminal cases, which shall be a permanent public record of 445
the office. On the expiration of the term of the clerk, the clerk 446
shall deliver the records to the clerk's successor. The clerk 447
shall have other powers and duties as are prescribed by rule or 448
order of the court.449

       (G) All moneys paid into a municipal court shall be noted on 450
the record of the case in which they are paid and shall be 451
deposited in a state or national bank, or a domestic savings and 452
loan association, as defined in section 1151.01 of the Revised 453
Code, that is selected by the clerk. Any interest received upon 454
the deposits shall be paid into the city treasury, except that, in 455
a county-operated municipal court, the interest shall be paid into 456
the treasury of the county in which the court is located.457

       On the first Monday in January of each year, the clerk shall 458
make a list of the titles of all cases in the court that were 459
finally determined more than one year past in which there remains 460
unclaimed in the possession of the clerk any funds, or any part of 461
a deposit for security of costs not consumed by the costs in the 462
case. The clerk shall give notice of the moneys to the parties who 463
are entitled to the moneys or to their attorneys of record. All 464
the moneys remaining unclaimed on the first day of April of each 465
year shall be paid by the clerk to the city treasurer, except 466
that, in a county-operated municipal court, the moneys shall be 467
paid to the treasurer of the county in which the court is located. 468
The treasurer shall pay any part of the moneys at any time to the 469
person who has the right to the moneys upon proper certification 470
of the clerk.471

       (H) Deputy clerks of a municipal court other than the Carroll 472
county municipal court may be appointed by the clerk and shall 473
receive the compensation, payable in either biweekly installments 474
or semimonthly installments, as determined by the payroll 475
administrator, out of the city treasury, that the clerk may 476
prescribe, except that the compensation of any deputy clerk of a 477
county-operated municipal court shall be paid out of the treasury 478
of the county in which the court is located. The judge of the 479
Carroll county municipal court may appoint deputy clerks for the 480
court, and the deputy clerks shall receive the compensation, 481
payable in biweekly installments out of the county treasury, that 482
the judge may prescribe. Each deputy clerk shall take an oath of 483
office before entering upon the duties of the deputy clerk's 484
office and, when so qualified, may perform the duties appertaining 485
to the office of the clerk. The clerk may require any of the 486
deputy clerks to give bond of not less than three thousand 487
dollars, conditioned for the faithful performance of the deputy 488
clerk's duties.489

       (I) For the purposes of this section, whenever the population 490
of the territory of a municipal court falls below one hundred 491
thousand but not below ninety thousand, and the population of the 492
territory prior to the most recent regular federal census exceeded 493
one hundred thousand, the legislative authority of the municipal 494
corporation may declare, by resolution, that the territory shall 495
be considered to have a population of at least one hundred 496
thousand.497

       (J) The clerk or a deputy clerk shall be in attendance at all 498
sessions of the municipal court, although not necessarily in the 499
courtroom, and may administer oaths to witnesses and jurors and 500
receive verdicts.501

       Section 2.  That existing section 1901.31 of the Revised Code 502
is hereby repealed.503

       Section 3.  Section 1901.31 of the Revised Code is presented 504
in this act as a composite of the section as amended by Am. Sub. 505
H.B. 48, Am. Sub. H.B. 238, and Sub. H.B. 338, all of the 128th 506
General Assembly. The General Assembly, applying the principle 507
stated in division (B) of section 1.52 of the Revised Code that 508
amendments are to be harmonized if reasonably capable of 509
simultaneous operation, finds that the composite is the resulting 510
version of the section in effect prior to the effective date of 511
the section as presented in this act.512

       Section 4.  This act is hereby declared to be an emergency 513
measure necessary for the immediate preservation of the public 514
peace, health, and safety. The reason for such necessity is that 515
there is currently no clerk of the Miami County Municipal Court to 516
fulfill the duties of the clerk of the Miami County Municipal 517
Court under section 1901.31 of the Revised Code. Therefore, this 518
act shall go into immediate effect.519