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H. B. No. 303 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Letson, Koziura, Murray, Boyd, Luckie
A BILL
To enact section 1905.06 of the Revised Code to
authorize the Attorney General to dissolve a
mayor's court that is operating in violation of
statutory population, training, or registration
requirements.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 1905.06 of the Revised Code be
enacted to read as follows:
Sec. 1905.06. (A) The attorney general may serve a notice of
noncompliance on the mayor of a municipal corporation that has a
mayor's court if the municipal corporation does not have a
population of more than one hundred according to the most recent
federal decennial census, the mayor or magistrate of
the mayor's
court has not complied with the training and education
requirements of section 1901.031 of the Revised Code, or the mayor
has not registered with the supreme court as required by section
1901.033 of the Revised Code. The notice shall state that the
mayor's court is being conducted in violation of the law, shall
specify the nature of the violation, and shall advise that the
mayor's court will be dissolved if the violation is not rectified
within sixty days after receipt of the notice.
(B) If a mayor's court that is the subject of a notice served
under division (A) of this section continues for more than sixty
days after the mayor receives the notice to operate in violation
of the law as specified in the notice, the attorney general may
dissolve the mayor's court. All causes, executions, and other
proceedings pending in the mayor's court at the close of business
on the date of dissolution shall be transferred to and proceed in
the municipal court or county court having territorial
jurisdiction over the municipal corporation as if originally
instituted in that court. Parties to those causes, executions, and
proceedings may make any amendments to their pleadings that are
required to conform them to the rules of transferee court. The
clerk or other custodian of the mayor's court shall transfer to
the municipal court or county court all pleadings, orders,
entries, dockets, bonds, papers, records, books, exhibits, files,
money, property, and persons that belong to, are in the possession
of, or are subject to the jurisdiction of the mayor's court, or
any officer of that court, at the close of business on the date of
dissolution and that pertain to those causes, executions, and
proceedings.
(C) The attorney general shall adopt rules in accordance with
Chapter 119. of the Revised Code to implement this section.
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