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H. B. No. 338 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Representatives Book, Uecker
Cosponsors:
Representatives Evans, Domenick, Harwood, Okey, Bolon
A BILL
To enact section 4510.73 of the Revised Code to
allow, in certain circumstances, all issues
concerning a person's driver's license to be
litigated in a single court.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4510.73 of the Revised Code be
enacted to read as follows:
Sec. 4510.73. (A) It is the intent of this section to allow
all issues concerning driver's licenses to be litigated in a
single forum, not to eliminate any forum venue in existence on the
effective date of this section.
(B) Notwithstanding any provision of the Revised Code to the
contrary, any
court whose jurisdiction has been invoked under
this chapter or
any other chapter of the Revised Code regarding a
driver's license
matter, other than a matter involving a
commercial driver's
license, is hereby conferred concurrent
jurisdiction to adjudicate
all issues and appeals regarding that
driver's license matter,
including issues of validity,
suspension, and, with regard to any
suspension imposed by the
bureau of motor vehicles, driving
privileges. Nothing in this
section shall be construed as applying
to any issue involving a
commercial driver's license, except that
a court may adjudicate
an issue that does not relate to a
commercial driver's license
but involves a holder of a commercial
driver's license so long as
the court does not alter the status of
that holder's commercial
driver's license. In the event that
another court has obtained
jurisdiction over one or more driver's
license suspensions
imposed by the bureau involving the same
driver's license holder,
that jurisdiction may not be divested by
an action filed under
this section unless that court transfers its
jurisdiction over
that holder's driver's license issue by issuance
of a court
order.
(C)(1) The court's jurisdiction over a particular driver's
license issue may be invoked by a motion, appeal, or petition
filed by a holder of a driver's license. Any such motion, appeal,
or petition shall state the issue with respect to which the
court's jurisdiction is invoked.
(2) When a court's jurisdiction over a driver's license issue
is properly invoked, that court shall adjudicate all issues and
appeals brought before the court regarding that issue, unless the
motion, appeal, or petition is withdrawn.
(D) Any court whose jurisdiction is invoked under this
section shall have the discretionary authority to issue a stay of
any suspension pending resolution of the matters before the court.
This provision does not alter or eliminate any automatic stay
provision provided for elsewhere in the Revised Code.
(E) Any court whose jurisdiction is invoked under this
section, in its discretion, may order the bureau to renew the
holder's driver's license pending resolution of the matters before
the court, provided that the license is not more than six months
expired prior to the date of application for renewal. The court,
in its discretion, also may order the bureau to renew the holder's
driver's license in its final judgment, provided that the license
is not more than six months expired prior to the date of
application for renewal.
(F) If jurisdiction is invoked under this section in a court
of common pleas or county court, the prosecuting attorney of the
county in which the case is pending shall represent the registrar
in the proceedings; provided, that if the driver's license holder
resides in a municipal corporation that lies within the
jurisdiction of a county court, the city director of law, village
solicitor, or similar chief legal officer of the municipal
corporation shall represent the registrar in the proceedings. In a
municipal court, the registrar shall be represented in the
resulting proceedings as provided in section 1901.34 of the
Revised Code. At the election of the registrar, the attorney
general may enter the proceedings at any time and henceforth
represent the registrar in the case.
(G) Either party may appeal the final judgment of the court.
Any such appeal shall be taken as provided in section 1901.30 or
1907.30 of the Revised Code and shall conform with Chapter 2505.
of the Revised Code.
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