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As Reported by the Senate Judiciary Committee
123rd General Assembly
Regular Session
1999-2000 | Sub. S. B. No. 89 |
SENATORS JOHNSON-FINGERHUT
A BILL
To amend sections 1901.09, 1901.183, and 1907.131 of the Revised Code to
clarify the jurisdiction of the environmental division of a municipal court in
foreclosure actions, to provide that the
presiding judge and administrative judge in multi-judge municipal courts and
county courts are to be determined as provided in the Rules of Superintendence
for the Courts of Ohio, and to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 1901.09, 1901.183, and 1907.131 of the Revised Code be
amended to read as follows:
Sec. 1901.09. (A) In a municipal court having only one judge, that judge
shall be designated as both the presiding judge and the administrative judge.
(B) In a municipal court having two OR MORE judges, the judge whose
term next expires shall be designated as the presiding AND
ADMINISTRATIVE judge.
(C) In a municipal court having three or more judges, the
judges of the court shall select the presiding judge
on the second
Monday in January of the even-numbered years SHALL BE ELECTED OR
DESIGNATED AS PROVIDED IN THE RULES OF SUPERINTENDENCE FOR
THE COURTS OF OHIO.
Sec. 1901.183. In addition to jurisdiction
otherwise granted in this chapter, the environmental division of
a municipal court shall have jurisdiction within its territory
in all of the following actions or proceedings and to perform
all of the following functions:
(A) Notwithstanding
any monetary limitations in section 1901.17 of the
Revised Code, in all actions and
proceedings for the sale of real or personal property under lien
of a judgment of the environmental division of the municipal
court, or a lien for machinery, material, fuel furnished, or
labor performed, irrespective of amount, and, in those cases,
the environmental division may proceed to foreclose and marshal
all liens and all vested or contingent rights, to appoint a
receiver, and to render personal judgment irrespective of amount
in favor of any party;
(B) In WHEN IN AID OF EXECUTION OF A JUDGMENT OF THE ENVIRONMENTAL
DIVISION OF THE MUNICIPAL COURT, IN all actions for the foreclosure of a
mortgage on real property given to
secure the payment of money, or the enforcement of a specific lien
for money or other encumbrance or charge on real property, when
the real property is situated within the territory, and, in those
cases, the environmental division of the municipal court may
proceed to foreclose all liens and all vested and contingent
rights and proceed to render judgments, and make findings and
orders, between the parties, in the same manner and to the same
extent as in similar cases in the court of common pleas;
(C) In WHEN IN AID OF EXECUTION OF A JUDGMENT OF THE ENVIRONMENTAL
DIVISION OF THE MUNICIPAL COURT, IN all actions
for the recovery of real property situated within the territory
to the same extent as courts of common pleas have
jurisdiction;
(D) In all actions
for injunction to prevent or terminate violations of the
ordinances and regulations of any municipal corporation within
its territory enacted or promulgated under the police power of
that municipal corporation pursuant to Section 3 of Article
XVIII, Ohio Constitution, over which the
court of common pleas has or may have jurisdiction, and, in
those cases, the environmental division of the municipal court
may proceed to render judgments, and make findings and orders, in
the same manner and to the same extent as in similar cases in
the court of common pleas;
(E) In all actions for injunction to prevent or terminate
violations of the resolutions and regulations of any political subdivision
within its territory enacted or promulgated under the power of that political
subdivision pursuant to Article X of the Ohio
Constitution, over which the court of common pleas has or may have
jurisdiction, and, in those cases, the environmental division of the municipal
court may proceed to render judgments, and make findings and orders, in the
same manner and to the same extent as in similar cases in the court of common
pleas;
(F) In any civil
action to enforce any provision of Chapter 3704., 3714., 3734.,
3737., 3767., or 6111. of the
Revised
Code over which the court of
common pleas has or may have jurisdiction, and, in those actions,
the environmental division of the municipal court may proceed to
render judgments, and make findings and orders, in the same
manner and to the same extent as in similar actions in the court
of common pleas;
(G) In all actions and
proceedings in the nature of creditors' bills, and in aid of
execution to subject the interests of a judgment debtor in real
or personal property to the payment of a judgment of the
division, and, in those actions and proceedings, the environmental
division may proceed to marshal and foreclose all liens on the
property irrespective of the amount of the lien, and all vested
or contingent rights in the property;
(H) Concurrent
jurisdiction WITH THE COURT OF COMMON PLEAS of all criminal actions or
proceedings related to
the pollution of the air, ground, or water within the territory
of the environmental division of the municipal court, for which
a sentence of death cannot be imposed under Chapter 2903. of the
Revised Code;
(I) In any review or appeal of any final order of any
administrative officer, agency, board, department, tribunal, commission, or
other instrumentality that relates to a local building, housing, air
pollution, sanitation, health, fire, zoning, or safety code, ordinance, or
regulation, in the same manner and to the same extent as in similar appeals in
the court of common pleas.
Sec. 1907.131. (A) In a county court
district having only one judge, that judge shall be the presiding
and administrative judge for that district.
(B) In a county court district having two
OR MORE judges, the judge having the longest tenure as a judge of
that
county court district shall be designated as the presiding and
administrative judge for that district unless otherwise agreed by
the judges.
(C) In a county court district having three or
more judges, the judges of the court shall select the presiding and
administrative judge
on the second Monday
in January of the odd-numbered years SHALL BE ELECTED OR DESIGNATED AS
PROVIDED IN THE RULES OF SUPERINTENDENCE FOR THE
COURTS OF OHIO.
Section 2. That existing sections 1901.09, 1901.183, and 1907.131 of the
Revised Code are hereby repealed.
Section 3. This act is hereby declared to be an emergency measure necessary
for the immediate preservation of the public peace, health, and safety. The
reason for such necessity is that the change is urgently needed to properly
define the jurisdiction of the environmental court to facilitate the
administration of justice. Therefore, this act shall go into immediate
effect.
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