130th Ohio General Assembly
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As Passed by the Senate

123rd General Assembly
Regular Session
1999-2000
Am. Sub. S. B. No. 89

SENATORS JOHNSON-FINGERHUT-WATTS-BRADY-ESPY-DRAKE


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 sections 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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