130th Ohio General Assembly
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H. B. No. 303  As Introduced
As Introduced

128th General Assembly
Regular Session
2009-2010
H. B. No. 303


Representative Dyer 

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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