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S. B. No. 211 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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A BILL
To amend sections 1901.261, 1901.31, 1907.20,
1907.26, 1907.261, and 4503.39 and to enact
sections 117.102, 1901.263, 1901.44, 1905.202,
1905.33, 1907.25, 1907.263, 2303.203, and 5747.124
of the Revised Code to require that all moneys
collected by the clerk of a municipal or county
court be paid to the appropriate person, fund, or
entity on or before the twentieth day of each
month, to permit a municipal or county court to
collect unpaid court costs, fees, or fines from an
obligor's state income tax refund, to require the
Auditor of State to create and maintain a chart
detailing the distribution of court costs, fees,
and fines collected by municipal and county court
clerks, to create the Committee on Court Costs,
and to ensure that neither the Registrar nor any
deputy registrar accepts any application for the
issuance or renewal of a driver's license,
commercial driver's license, or temporary
instruction permit, or for the registration or
transfer of registration of a motor vehicle of a
person who fails to pay court costs imposed for
offenses by a municipal mayor's, or county court.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1901.261, 1901.31, 1907.20, 1907.26,
1907.261, and 4503.39 be amended and sections 117.102, 1901.263,
1901.44, 1905.202, 1905.33, 1907.25, 1907.263, 2303.203, and
5747.124 of the Revised Code be enacted to read as follows:
Sec. 117.102. The auditor of state shall develop and
periodically update a chart detailing the distribution of court
costs, fees, and fines collected by the clerks of municipal courts
and county courts.
Sec. 1901.261. (A)(1) A municipal court may determine that
for the efficient operation of the court additional funds are
required to computerize the court, to make available computerized
legal research services, or to do both. Upon making a
determination that additional funds are required for either or
both of those purposes, the court shall include in its schedule of
fees and costs under section 1901.26 of the Revised Code one
additional fee not to exceed three dollars on the filing of each
cause of action or appeal equivalent to one described in division
(A), (Q), or (U) of section 2303.20 of the Revised Code and shall
direct the clerk of the court to charge the fee.
(2) All fees collected under this section shall be paid on or
before the twentieth day of each month to the county treasurer if
the court is a county-operated municipal court or to the city
treasurer if the court is not a county-operated municipal court.
The treasurer shall place the funds from the fees in a separate
fund to be disbursed upon an order of the court in an amount not
greater than the actual cost to the court of computerizing the
court, procuring and maintaining computerized legal research
services, or both.
(3) If the court determines that the funds in the fund
described in division (A)(2) of this section are more than
sufficient to satisfy the purpose for which the additional fee
described in division (A)(1) of this section was imposed, the
court may declare a surplus in the fund and expend those surplus
funds for other appropriate technological expenses of the court.
(B)(1) A municipal court may determine that, for the
efficient operation of the court, additional funds are required to
computerize the office of the clerk of the court and, upon that
determination, may include in its schedule of fees and costs under
section 1901.26 of the Revised Code an additional fee not to
exceed ten dollars on the filing of each cause of action or
appeal, on the filing, docketing, and endorsing of each
certificate of judgment, or on the docketing and indexing of each
aid in execution or petition to vacate, revive, or modify a
judgment that is equivalent to one described in division (A), (P),
(Q), (T), or (U) of section 2303.20 of the Revised Code. Subject
to division (B)(2) of this section, all moneys collected under
division (B)(1) of this section shall be paid on or before the
twentieth day of each month to the county treasurer if the court
is a county-operated municipal court or to the city treasurer if
the court is not a county-operated municipal court. The treasurer
shall place the funds from the fees in a separate fund to be
disbursed, upon an order of the municipal court and subject to an
appropriation by the board of county commissioners if the court is
a county-operated municipal court or by the legislative authority
of the municipal corporation if the court is not a county-operated
municipal court, in an amount no greater than the actual cost to
the court of procuring and maintaining computer systems for the
office of the clerk of the municipal court.
(2) If a municipal court makes the determination described in
division (B)(1) of this section, the board of county commissioners
of the county if the court is a county-operated municipal court or
the legislative authority of the municipal corporation if the
court is not a county-operated municipal court, may issue one or
more general obligation bonds for the purpose of procuring and
maintaining the computer systems for the office of the clerk of
the municipal court. In addition to the purposes stated in
division (B)(1) of this section for which the moneys collected
under that division may be expended, the moneys additionally may
be expended to pay debt charges and financing costs related to any
general obligation bonds issued pursuant to division (B)(2) of
this section as they become due. General obligation bonds issued
pursuant to division (B)(2) of this section are Chapter 133.
securities.
Sec. 1901.263. (A) As used in this section, "unpaid court
costs, fees, or fines" means any court costs, fees, or fines that
an obligor has not paid to the appropriate court at least two
years after the date on which the obligor was required by the
court or by a statute or rule to pay the court costs, fees, or
fines.
(B) The municipal court shall work with the tax commissioner
to collect unpaid court costs, fees, or fines from refunds of
state income taxes that are payable to obligors.
(C) A municipal court may collect any unpaid court costs,
fees, or fines under this section. Any reduction under section
5747.12, 5747.121, 5747.122, or 5747.123 of the Revised Code to an
income tax refund shall be made before a reduction under this
section. No reduction shall be made under this section if the
amount of the refund is less than twenty-five dollars after any
reduction under section 5747.12 of the Revised Code. A reduction
under this section shall be made before any part of the refund is
contributed under section 5747.113 of the Revised Code or is
credited under section 5747.12 of the Revised Code against tax due
in any subsequent year.
(D) The court and the tax commissioner, by rules adopted in
accordance with Chapter 119. of the Revised Code, shall establish
procedures to implement this section. The procedures shall provide
for notice to an obligor of unpaid court costs, fees, or fines and
an opportunity for the obligor to be heard before the obligor's
income tax refund is reduced.
Sec. 1901.31. The clerk and deputy clerks of a municipal
court shall be selected, be compensated, give bond, and have
powers and duties as follows:
(A) There shall be a clerk of the court who is appointed or
elected as follows:
(1)(a) Except in the Akron, Barberton, Toledo, Hamilton
county, Montgomery county, Portage county, and Wayne county
municipal courts and through December 31, 2008, the Cuyahoga Falls
municipal court, if the population of the territory equals or
exceeds one hundred thousand at the regular municipal election
immediately preceding the expiration of the term of the present
clerk, the clerk shall be nominated and elected by the qualified
electors of the territory in the manner that is provided for the
nomination and election of judges in section 1901.07 of the
Revised Code.
The clerk so elected shall hold office for a term of six
years, which term shall commence on the first day of January
following the clerk's election and continue until the clerk's
successor is elected and qualified.
(b) In the Hamilton county municipal court, the clerk of
courts of Hamilton county shall be the clerk of the municipal
court and may appoint an assistant clerk who shall receive the
compensation, payable out of the treasury of Hamilton county in
semimonthly installments, that the board of county commissioners
prescribes. The clerk of courts of Hamilton county, acting as the
clerk of the Hamilton county municipal court and assuming the
duties of that office, shall receive compensation at one-fourth
the rate that is prescribed for the clerks of courts of common
pleas as determined in accordance with the population of the
county and the rates set forth in sections 325.08 and 325.18 of
the Revised Code. This compensation shall be paid from the county
treasury in semimonthly installments and is in addition to the
annual compensation that is received for the performance of the
duties of the clerk of courts of Hamilton county, as provided in
sections 325.08 and 325.18 of the Revised Code.
(c) In the Portage county and Wayne county municipal courts,
the clerks of courts of Portage county and Wayne county shall be
the clerks, respectively, of the Portage county and Wayne county
municipal courts and may appoint a chief deputy clerk for each
branch that is established pursuant to section 1901.311 of the
Revised Code and assistant clerks as the judges of the municipal
court determine are necessary, all of whom shall receive the
compensation that the legislative authority prescribes. The clerks
of courts of Portage county and Wayne county, acting as the clerks
of the Portage county and Wayne county municipal courts and
assuming the duties of these offices, shall receive compensation
payable from the county treasury in semimonthly installments at
one-fourth the rate that is prescribed for the clerks of courts of
common pleas as determined in accordance with the population of
the county and the rates set forth in sections 325.08 and 325.18
of the Revised Code.
(d) In the Montgomery county municipal court, the clerk of
courts of Montgomery county shall be the clerk of the municipal
court. The clerk of courts of Montgomery county, acting as the
clerk of the Montgomery county municipal court and assuming the
duties of that office, shall receive compensation at one-fourth
the rate that is prescribed for the clerks of courts of common
pleas as determined in accordance with the population of the
county and the rates set forth in sections 325.08 and 325.18 of
the Revised Code. This compensation shall be paid from the county
treasury in semimonthly installments and is in addition to the
annual compensation that is received for the performance of the
duties of the clerk of courts of Montgomery county, as provided in
sections 325.08 and 325.18 of the Revised Code.
(e) Except as otherwise provided in division (A)(1)(e) of
this section, in the Akron municipal court, candidates for
election to the office of clerk of the court shall be nominated by
primary election. The primary election shall be held on the day
specified in the charter of the city of Akron for the nomination
of municipal officers. Notwithstanding any contrary provision of
section 3513.05 or 3513.257 of the Revised Code, the declarations
of candidacy and petitions of partisan candidates and the
nominating petitions of independent candidates for the office of
clerk of the Akron municipal court shall be signed by at least
fifty qualified electors of the territory of the court.
The candidates shall file a declaration of candidacy and
petition, or a nominating petition, whichever is applicable, not
later than four p.m. of the ninetieth day before the day of the
primary election, in the form prescribed by section 3513.07 or
3513.261 of the Revised Code. The declaration of candidacy and
petition, or the nominating petition, shall conform to the
applicable requirements of section 3513.05 or 3513.257 of the
Revised Code.
If no valid declaration of candidacy and petition is filed by
any person for nomination as a candidate of a particular political
party for election to the office of clerk of the Akron municipal
court, a primary election shall not be held for the purpose of
nominating a candidate of that party for election to that office.
If only one person files a valid declaration of candidacy and
petition for nomination as a candidate of a particular political
party for election to that office, a primary election shall not be
held for the purpose of nominating a candidate of that party for
election to that office, and the candidate shall be issued a
certificate of nomination in the manner set forth in section
3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating
petitions, and certificates of nomination for the office of clerk
of the Akron municipal court shall contain a designation of the
term for which the candidate seeks election. At the following
regular municipal election, all candidates for the office shall be
submitted to the qualified electors of the territory of the court
in the manner that is provided in section 1901.07 of the Revised
Code for the election of the judges of the court. The clerk so
elected shall hold office for a term of six years, which term
shall commence on the first day of January following the clerk's
election and continue until the clerk's successor is elected and
qualified.
(f) Except as otherwise provided in division (A)(1)(f) of
this section, in the Barberton municipal court, candidates for
election to the office of clerk of the court shall be nominated by
primary election. The primary election shall be held on the day
specified in the charter of the city of Barberton for the
nomination of municipal officers. Notwithstanding any contrary
provision of section 3513.05 or 3513.257 of the Revised Code, the
declarations of candidacy and petitions of partisan candidates and
the nominating petitions of independent candidates for the office
of clerk of the Barberton municipal court shall be signed by at
least fifty qualified electors of the territory of the court.
The candidates shall file a declaration of candidacy and
petition, or a nominating petition, whichever is applicable, not
later than four p.m. of the ninetieth day before the day of the
primary election, in the form prescribed by section 3513.07 or
3513.261 of the Revised Code. The declaration of candidacy and
petition, or the nominating petition, shall conform to the
applicable requirements of section 3513.05 or 3513.257 of the
Revised Code.
If no valid declaration of candidacy and petition is filed by
any person for nomination as a candidate of a particular political
party for election to the office of clerk of the Barberton
municipal court, a primary election shall not be held for the
purpose of nominating a candidate of that party for election to
that office. If only one person files a valid declaration of
candidacy and petition for nomination as a candidate of a
particular political party for election to that office, a primary
election shall not be held for the purpose of nominating a
candidate of that party for election to that office, and the
candidate shall be issued a certificate of nomination in the
manner set forth in section 3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating
petitions, and certificates of nomination for the office of clerk
of the Barberton municipal court shall contain a designation of
the term for which the candidate seeks election. At the following
regular municipal election, all candidates for the office shall be
submitted to the qualified electors of the territory of the court
in the manner that is provided in section 1901.07 of the Revised
Code for the election of the judges of the court. The clerk so
elected shall hold office for a term of six years, which term
shall commence on the first day of January following the clerk's
election and continue until the clerk's successor is elected and
qualified.
(g)(i) Through December 31, 2008, except as otherwise
provided in division (A)(1)(g)(i) of this section, in the Cuyahoga
Falls municipal court, candidates for election to the office of
clerk of the court shall be nominated by primary election. The
primary election shall be held on the day specified in the charter
of the city of Cuyahoga Falls for the nomination of municipal
officers. Notwithstanding any contrary provision of section
3513.05 or 3513.257 of the Revised Code, the declarations of
candidacy and petitions of partisan candidates and the nominating
petitions of independent candidates for the office of clerk of the
Cuyahoga Falls municipal court shall be signed by at least fifty
qualified electors of the territory of the court.
The candidates shall file a declaration of candidacy and
petition, or a nominating petition, whichever is applicable, not
later than four p.m. of the ninetieth day before the day of the
primary election, in the form prescribed by section 3513.07 or
3513.261 of the Revised Code. The declaration of candidacy and
petition, or the nominating petition, shall conform to the
applicable requirements of section 3513.05 or 3513.257 of the
Revised Code.
If no valid declaration of candidacy and petition is filed by
any person for nomination as a candidate of a particular political
party for election to the office of clerk of the Cuyahoga Falls
municipal court, a primary election shall not be held for the
purpose of nominating a candidate of that party for election to
that office. If only one person files a valid declaration of
candidacy and petition for nomination as a candidate of a
particular political party for election to that office, a primary
election shall not be held for the purpose of nominating a
candidate of that party for election to that office, and the
candidate shall be issued a certificate of nomination in the
manner set forth in section 3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating
petitions, and certificates of nomination for the office of clerk
of the Cuyahoga Falls municipal court shall contain a designation
of the term for which the candidate seeks election. At the
following regular municipal election, all candidates for the
office shall be submitted to the qualified electors of the
territory of the court in the manner that is provided in section
1901.07 of the Revised Code for the election of the judges of the
court. The clerk so elected shall hold office for a term of six
years, which term shall commence on the first day of January
following the clerk's election and continue until the clerk's
successor is elected and qualified.
(ii) Division (A)(1)(g)(i) of this section shall have no
effect after December 31, 2008.
(h) Except as otherwise provided in division (A)(1)(h) of
this section, in the Toledo municipal court, candidates for
election to the office of clerk of the court shall be nominated by
primary election. The primary election shall be held on the day
specified in the charter of the city of Toledo for the nomination
of municipal officers. Notwithstanding any contrary provision of
section 3513.05 or 3513.257 of the Revised Code, the declarations
of candidacy and petitions of partisan candidates and the
nominating petitions of independent candidates for the office of
clerk of the Toledo municipal court shall be signed by at least
fifty qualified electors of the territory of the court.
The candidates shall file a declaration of candidacy and
petition, or a nominating petition, whichever is applicable, not
later than four p.m. of the ninetieth day before the day of the
primary election, in the form prescribed by section 3513.07 or
3513.261 of the Revised Code. The declaration of candidacy and
petition, or the nominating petition, shall conform to the
applicable requirements of section 3513.05 or 3513.257 of the
Revised Code.
If no valid declaration of candidacy and petition is filed by
any person for nomination as a candidate of a particular political
party for election to the office of clerk of the Toledo municipal
court, a primary election shall not be held for the purpose of
nominating a candidate of that party for election to that office.
If only one person files a valid declaration of candidacy and
petition for nomination as a candidate of a particular political
party for election to that office, a primary election shall not be
held for the purpose of nominating a candidate of that party for
election to that office, and the candidate shall be issued a
certificate of nomination in the manner set forth in section
3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating
petitions, and certificates of nomination for the office of clerk
of the Toledo municipal court shall contain a designation of the
term for which the candidate seeks election. At the following
regular municipal election, all candidates for the office shall be
submitted to the qualified electors of the territory of the court
in the manner that is provided in section 1901.07 of the Revised
Code for the election of the judges of the court. The clerk so
elected shall hold office for a term of six years, which term
shall commence on the first day of January following the clerk's
election and continue until the clerk's successor is elected and
qualified.
(2)(a) Except for the Alliance, Auglaize county, Brown
county, Columbiana county, Holmes county, Putnam county, Lorain,
Massillon, and Youngstown municipal courts, in a municipal court
for which the population of the territory is less than one hundred
thousand, the clerk shall be appointed by the court, and the clerk
shall hold office until the clerk's successor is appointed and
qualified.
(b) In the Alliance, Lorain, Massillon, and Youngstown
municipal courts, the clerk shall be elected for a term of office
as described in division (A)(1)(a) of this section.
(c) In the Auglaize county, Brown county, Holmes county, and
Putnam county municipal courts, the clerks of courts of Auglaize
county, Brown county, Holmes county, and Putnam county shall be
the clerks, respectively, of the Auglaize county, Brown county,
Holmes county, and Putnam county municipal courts and may appoint
a chief deputy clerk for each branch office that is established
pursuant to section 1901.311 of the Revised Code, and assistant
clerks as the judge of the court determines are necessary, all of
whom shall receive the compensation that the legislative authority
prescribes. The clerks of courts of Auglaize county, Brown county,
Holmes county, and Putnam county, acting as the clerks of the
Auglaize county, Brown county, Holmes county, and Putnam county
municipal courts and assuming the duties of these offices, shall
receive compensation payable from the county treasury in
semimonthly installments at one-fourth the rate that is prescribed
for the clerks of courts of common pleas as determined in
accordance with the population of the county and the rates set
forth in sections 325.08 and 325.18 of the Revised Code.
(d) In the Columbiana county municipal court, the clerk of
courts of Columbiana county shall be the clerk of the municipal
court, may appoint a chief deputy clerk for each branch office
that is established pursuant to section 1901.311 of the Revised
Code, and may appoint any assistant clerks that the judges of the
court determine are necessary. All of the chief deputy clerks and
assistant clerks shall receive the compensation that the
legislative authority prescribes. The clerk of courts of
Columbiana county, acting as the clerk of the Columbiana county
municipal court and assuming the duties of that office, shall
receive in either biweekly installments or semimonthly
installments, as determined by the payroll administrator,
compensation payable from the county treasury at one-fourth the
rate that is prescribed for the clerks of courts of common pleas
as determined in accordance with the population of the county and
the rates set forth in sections 325.08 and 325.18 of the Revised
Code.
(3) During the temporary absence of the clerk due to illness,
vacation, or other proper cause, the court may appoint a temporary
clerk, who shall be paid the same compensation, have the same
authority, and perform the same duties as the clerk.
(B) Except in the Hamilton county, Montgomery county, Portage
county, and Wayne county municipal courts, if a vacancy occurs in
the office of the clerk of the Alliance, Lorain, Massillon, or
Youngstown municipal court or occurs in the office of the clerk of
a municipal court for which the population of the territory equals
or exceeds one hundred thousand because the clerk ceases to hold
the office before the end of the clerk's term or because a
clerk-elect fails to take office, the vacancy shall be filled,
until a successor is elected and qualified, by a person chosen by
the residents of the territory of the court who are members of the
county central committee of the political party by which the last
occupant of that office or the clerk-elect was nominated. Not less
than five nor more than fifteen days after a vacancy occurs, those
members of that county central committee shall meet to make an
appointment to fill the vacancy. At least four days before the
date of the meeting, the chairperson or a secretary of the county
central committee shall notify each such member of that county
central committee by first class mail of the date, time, and place
of the meeting and its purpose. A majority of all such members of
that county central committee constitutes a quorum, and a majority
of the quorum is required to make the appointment. If the office
so vacated was occupied or was to be occupied by a person not
nominated at a primary election, or if the appointment was not
made by the committee members in accordance with this division,
the court shall make an appointment to fill the vacancy. A
successor shall be elected to fill the office for the unexpired
term at the first municipal election that is held more than one
hundred thirty-five days after the vacancy occurred.
(C)(1) In a municipal court, other than the Auglaize county,
the Brown county, the Columbiana county, the Holmes county, the
Putnam county, and the Lorain municipal courts, for which the
population of the territory is less than one hundred thousand, the
clerk of the municipal court shall receive the annual compensation
that the presiding judge of the court prescribes, if the revenue
of the court for the preceding calendar year, as certified by the
auditor or chief fiscal officer of the municipal corporation in
which the court is located or, in the case of a county-operated
municipal court, the county auditor, is equal to or greater than
the expenditures, including any debt charges, for the operation of
the court payable under this chapter from the city treasury or, in
the case of a county-operated municipal court, the county treasury
for that calendar year, as also certified by the auditor or chief
fiscal officer. If the revenue of a municipal court, other than
the Auglaize county, the Brown county, the Columbiana county, the
Putnam county, and the Lorain municipal courts, for which the
population of the territory is less than one hundred thousand for
the preceding calendar year as so certified is not equal to or
greater than those expenditures for the operation of the court for
that calendar year as so certified, the clerk of a municipal court
shall receive the annual compensation that the legislative
authority prescribes. As used in this division, "revenue" means
the total of all costs and fees that are collected and paid to the
city treasury or, in a county-operated municipal court, the county
treasury by the clerk of the municipal court under division (F) of
this section and all interest received and paid to the city
treasury or, in a county-operated municipal court, the county
treasury in relation to the costs and fees under division (G) of
this section.
(2) In a municipal court, other than the Hamilton county,
Montgomery county, Portage county, and Wayne county municipal
courts, for which the population of the territory is one hundred
thousand or more, and in the Lorain municipal court, the clerk of
the municipal court shall receive annual compensation in a sum
equal to eighty-five per cent of the salary of a judge of the
court.
(3) The compensation of a clerk described in division (C)(1)
or (2) of this section and of the clerk of the Columbiana county
municipal court is payable in either semimonthly installments or
biweekly installments, as determined by the payroll administrator,
from the same sources and in the same manner as provided in
section 1901.11 of the Revised Code, except that the compensation
of the clerk of the Carroll county municipal court is payable in
biweekly installments.
(D) Before entering upon the duties of the clerk's office,
the clerk of a municipal court shall give bond of not less than
six thousand dollars to be determined by the judges of the court,
conditioned upon the faithful performance of the clerk's duties.
(E) The clerk of a municipal court may do all of the
following: administer oaths, take affidavits, and issue executions
upon any judgment rendered in the court, including a judgment for
unpaid costs; issue, sign, and attach the seal of the court to all
writs, process, subpoenas, and papers issuing out of the court;
and approve all bonds, sureties, recognizances, and undertakings
fixed by any judge of the court or by law. The clerk may refuse to
accept for filing any pleading or paper submitted for filing by a
person who has been found to be a vexatious litigator under
section 2323.52 of the Revised Code and who has failed to obtain
leave to proceed under that section. The clerk shall do all of the
following: file and safely keep all journals, records, books, and
papers belonging or appertaining to the court; record the
proceedings of the court; perform all other duties that the judges
of the court may prescribe; and keep a book showing all receipts
and disbursements, which book shall be open for public inspection
at all times.
The clerk shall prepare and maintain a general index, a
docket, and other records that the court, by rule, requires, all
of which shall be the public records of the court. In the docket,
the clerk shall enter, at the time of the commencement of an
action, the names of the parties in full, the names of the
counsel, and the nature of the proceedings. Under proper dates,
the clerk shall note the filing of the complaint, issuing of
summons or other process, returns, and any subsequent pleadings.
The clerk also shall enter all reports, verdicts, orders,
judgments, and proceedings of the court, clearly specifying the
relief granted or orders made in each action. The court may order
an extended record of any of the above to be made and entered,
under the proper action heading, upon the docket at the request of
any party to the case, the expense of which record may be taxed as
costs in the case or may be required to be prepaid by the party
demanding the record, upon order of the court.
(F) The clerk of a municipal court shall receive, collect,
and issue receipts for all costs, fees, fines, bail, and other
moneys payable to the office or to any officer of the court. The
clerk shall on or before the twentieth day of each month disburse
to the proper persons or officers, and take receipts for, all
costs, fees, fines, bail, and other moneys that the clerk
collects. Subject to sections 307.515 and 4511.193 of the Revised
Code and to any other section of the Revised Code that requires a
specific manner of disbursement of any moneys received by a
municipal court and except for the Hamilton county, Lawrence
county, and Ottawa county municipal courts, the clerk shall pay
all fines received for violation of municipal ordinances into the
treasury of the municipal corporation the ordinance of which was
violated and shall pay all fines received for violation of
township resolutions adopted pursuant to section 503.52 or 503.53
or Chapter 504. of the Revised Code into the treasury of the
township the resolution of which was violated. Subject to sections
1901.024 and 4511.193 of the Revised Code, in the Hamilton county,
Lawrence county, and Ottawa county municipal courts, the clerk
shall pay fifty per cent of the fines received for violation of
municipal ordinances and fifty per cent of the fines received for
violation of township resolutions adopted pursuant to section
503.52 or 503.53 or Chapter 504. of the Revised Code into the
treasury of the county. Subject to sections 307.515, 4511.19, and
5503.04 of the Revised Code and to any other section of the
Revised Code that requires a specific manner of disbursement of
any moneys received by a municipal court, the clerk shall pay all
fines collected for the violation of state laws into the county
treasury. Except in a county-operated municipal court, the clerk
shall pay all costs and fees the disbursement of which is not
otherwise provided for in the Revised Code into the city treasury.
The clerk of a county-operated municipal court shall pay the costs
and fees the disbursement of which is not otherwise provided for
in the Revised Code into the county treasury. Moneys deposited as
security for costs shall be retained pending the litigation. The
clerk shall keep a separate account of all receipts and
disbursements in civil and criminal cases, which shall be a
permanent public record of the office. On the expiration of the
term of the clerk, the clerk shall deliver the records to the
clerk's successor. The clerk shall have other powers and duties as
are prescribed by rule or order of the court.
(G) All moneys paid into a municipal court shall be noted on
the record of the case in which they are paid and shall be
deposited in a state or national bank, or a domestic savings and
loan association, as defined in section 1151.01 of the Revised
Code, that is selected by the clerk. Any interest received upon
the deposits shall be paid into the city treasury, except that, in
a county-operated municipal court, the interest shall be paid into
the treasury of the county in which the court is located.
On the first Monday in January of each year, the clerk shall
make a list of the titles of all cases in the court that were
finally determined more than one year past in which there remains
unclaimed in the possession of the clerk any funds, or any part of
a deposit for security of costs not consumed by the costs in the
case. The clerk shall give notice of the moneys to the parties who
are entitled to the moneys or to their attorneys of record. All
the moneys remaining unclaimed on the first day of April of each
year shall be paid by the clerk to the city treasurer, except
that, in a county-operated municipal court, the moneys shall be
paid to the treasurer of the county in which the court is located.
The treasurer shall pay any part of the moneys at any time to the
person who has the right to the moneys upon proper certification
of the clerk.
(H) Deputy clerks of a municipal court other than the Carroll
county municipal court may be appointed by the clerk and shall
receive the compensation, payable in either biweekly installments
or semimonthly installments, as determined by the payroll
administrator, out of the city treasury, that the clerk may
prescribe, except that the compensation of any deputy clerk of a
county-operated municipal court shall be paid out of the treasury
of the county in which the court is located. The judge of the
Carroll county municipal court may appoint deputy clerks for the
court, and the deputy clerks shall receive the compensation,
payable in biweekly installments out of the county treasury, that
the judge may prescribe. Each deputy clerk shall take an oath of
office before entering upon the duties of the deputy clerk's
office and, when so qualified, may perform the duties appertaining
to the office of the clerk. The clerk may require any of the
deputy clerks to give bond of not less than three thousand
dollars, conditioned for the faithful performance of the deputy
clerk's duties.
(I) For the purposes of this section, whenever the population
of the territory of a municipal court falls below one hundred
thousand but not below ninety thousand, and the population of the
territory prior to the most recent regular federal census exceeded
one hundred thousand, the legislative authority of the municipal
corporation may declare, by resolution, that the territory shall
be considered to have a population of at least one hundred
thousand.
(J) The clerk or a deputy clerk shall be in attendance at all
sessions of the municipal court, although not necessarily in the
courtroom, and may administer oaths to witnesses and jurors and
receive verdicts.
Sec. 1901.44. (A) If a person who has a current valid Ohio
driver's or commercial driver's license or temporary instruction
permit is charged with an offense in municipal court and either
fails to appear in court at the required time and place to answer
the charge or pleads guilty to or is found guilty of the offense
and fails within the time allowed by the court to pay any fine or
costs imposed by the court, the court may issue a declaration of
forfeiture of the person's license or permit. Within thirty days
after the issuance of a declaration of forfeiture, the court clerk
shall inform the registrar of motor vehicles of the forfeiture by
entering information relative to the forfeiture on a notice of
forfeiture form prescribed or approved by the registrar pursuant
to division (D) of this section and sending the completed form to
the registrar. The clerk also shall forward the person's license
or permit, if it is in the possession of the court, to the
registrar.
Upon receipt of a notice of forfeiture form, the registrar
shall impose a class F suspension of the driver's or commercial
driver's license or temporary instruction permit of the person who
is the subject of the form for the period of time specified in
division (B)(6) of section 4510.02 of the Revised Code. The
registrar shall send written notification of the suspension to the
person at the person's last known address and, if the person is in
possession of the license or permit, order the person to surrender
the license or permit to the registrar within forty-eight hours.
Neither the registrar nor any deputy registrar shall grant a
valid driver's or commercial driver's license or temporary
instruction permit to the person after the suspension unless the
court having jurisdiction of the offense that led to the
suspension orders the termination of the forfeiture. The court
shall order a termination of the forfeiture if the person appears
after the imposition of the suspension to answer the charge and
pays any fine and costs imposed by the court or pays the fine and
costs originally imposed by the court. The court shall inform the
registrar of the termination of the forfeiture by entering
information relative to the termination on a form prescribed or
approved by the registrar pursuant to division (D) of this section
and sending the completed form to the registrar. The person who is
the subject of the termination shall pay to the bureau of motor
vehicles a twenty-five-dollar reinstatement fee. The registrar
shall deposit fifteen dollars of the fee into the state treasury
to the credit of the state bureau of motor vehicles fund created
by section 4501.25 of the Revised Code to cover the costs of the
bureau in administering this section and shall deposit ten dollars
of the fee into the state treasury to the credit of the indigent
defense support fund created by section 120.08 of the Revised
Code.
(B) In addition to suspending the driver's or commercial
driver's license or temporary instruction permit of the person
named in a declaration of forfeiture, the registrar, upon receipt
from the court clerk of the notice of forfeiture form, shall take
any measures that may be necessary to ensure that neither the
registrar nor any deputy registrar accepts any application for the
registration or transfer of registration of any motor vehicle
owned or leased by the person named in the declaration of
forfeiture. However, for a motor vehicle leased by a person named
in a declaration of forfeiture, the registrar shall not implement
the preceding sentence until the registrar adopts procedures for
that implementation under section 4503.39 of the Revised Code. The
period of denial of registration or transfer shall continue until
the court with jurisdiction of the offense that led to the
suspension orders the termination of the forfeiture. Upon receipt
by the registrar of a termination of forfeiture form, the
registrar shall take any measures necessary to permit the person
to register a motor vehicle owned or leased by the person or to
transfer the registration of a motor vehicle owned or leased by
the person, if the person later applies to register or transfer
the registration of a motor vehicle and otherwise is eligible to
register the motor vehicle or to transfer its registration.
The registrar shall not restore the person's driving or
vehicle registration privileges until the person pays the
reinstatement fee as provided in this section.
The period of denial relating to the issuance or transfer of
a certificate of registration for a motor vehicle imposed pursuant
to this division remains in effect until the person pays any fine
and costs imposed by the court relative to the offense.
(C) If the court does not issue a declaration of forfeiture
of a person's license under division (A) of this section, it may
enter information relative to the person's failure to pay the fine
or costs on a form prescribed or approved by the registrar
pursuant to division (D) of this section and send the form to the
registrar. Upon receipt of the form, the registrar shall take any
measures necessary to ensure that neither the registrar nor any
deputy registrar does either of the following:
(1) Accepts any application from the person for a driver's
license, commercial driver's license, or temporary instruction
permit or for a renewal of a driver's license, commercial driver's
license, or temporary instruction permit until the fine or costs
are paid;
(2) Accepts any application for the registration or transfer
of registration of any motor vehicle owned or leased by the
person. However, for a motor vehicle leased by the person, the
registrar shall not implement this requirement until the registrar
adopts procedures for that implementation under section 4503.39 of
the Revised Code.
The period of denial relating to the issuance or renewal of a
driver's license, commercial driver's license, or temporary
instruction permit and the issuance or transfer of a certificate
of registration for a motor vehicle imposed under division (C) of
this section remains in effect until the person pays any fine or
costs imposed by the court relative to the offense. When the fine
or costs have been paid in full, the court shall inform the
registrar of the payment by entering information relative to the
payment on a notice of payment form prescribed or approved by the
registrar pursuant to division (D) of this section and sending the
form to the registrar.
(D) The registrar shall prescribe and make available to
municipal courts forms to be used for a notice of forfeiture and a
notice of termination under division (A) of this section and a
notice of failure to pay fines or costs and a notice of payment of
fines or costs under division (C) of this section. The registrar
may approve the use of other forms for these purposes.
The registrar may require that any of the forms prescribed or
approved pursuant to this section be transmitted to the registrar
electronically. If the registrar requires electronic transmission,
the registrar shall not be required to give effect to any form
that is not transmitted electronically.
Sec. 1905.202. (A) If a person who has a current valid Ohio
driver's or commercial driver's license or temporary instruction
permit is charged with an offense in mayor's court and either
fails to appear in court at the required time and place to answer
the charge or pleads guilty to or is found guilty of the offense
and fails within the time allowed by the court to pay any fine or
costs imposed by the court, the court may issue a declaration of
forfeiture of the person's license or permit. Within thirty days
after the issuance of a declaration of forfeiture, the court clerk
shall inform the registrar of motor vehicles of the forfeiture by
entering information relative to the forfeiture on a notice of
forfeiture form prescribed or approved by the registrar pursuant
to division (D) of this section and sending the completed form to
the registrar. The clerk also shall forward the person's license
or permit, if it is in the possession of the court, to the
registrar.
Upon receipt of a notice of forfeiture form, the registrar
shall impose a class F suspension of the driver's or commercial
driver's license or temporary instruction permit of the person who
is the subject of the form for the period of time specified in
division (B)(6) of section 4510.02 of the Revised Code. The
registrar shall send written notification of the suspension to the
person at the person's last known address and, if the person is in
possession of the license or permit, order the person to surrender
the license or permit to the registrar within forty-eight hours.
Neither the registrar nor any deputy registrar shall grant a
valid driver's or commercial driver's license or temporary
instruction permit to the person after the suspension unless the
court having jurisdiction of the offense that led to the
suspension orders the termination of the forfeiture. The court
shall order a termination of the forfeiture if the person appears
after the imposition of the suspension to answer the charge and
pays any fine and costs imposed by the court or pays the fine and
costs originally imposed by the court. The court shall inform the
registrar of the termination of the forfeiture by entering
information relative to the termination on a form prescribed or
approved by the registrar pursuant to division (D) of this section
and sending the completed form to the registrar. The person who is
the subject of the termination shall pay to the bureau of motor
vehicles a twenty-five-dollar reinstatement fee. The registrar
shall deposit fifteen dollars of the fee into the state treasury
to the credit of the state bureau of motor vehicles fund created
by section 4501.25 of the Revised Code to cover the costs of the
bureau in administering this section and shall deposit ten dollars
of the fee into the state treasury to the credit of the indigent
defense support fund created by section 120.08 of the Revised
Code.
(B) In addition to suspending the driver's or commercial
driver's license or temporary instruction permit of the person
named in a declaration of forfeiture, the registrar, upon receipt
from the court clerk of the notice of forfeiture form, shall take
any measures that may be necessary to ensure that neither the
registrar nor any deputy registrar accepts any application for the
registration or transfer of registration of any motor vehicle
owned or leased by the person named in the declaration of
forfeiture. However, for a motor vehicle leased by a person named
in a declaration of forfeiture, the registrar shall not implement
the preceding sentence until the registrar adopts procedures for
that implementation under section 4503.39 of the Revised Code. The
period of denial of registration or transfer shall continue until
the court with jurisdiction of the offense that led to the
suspension orders the termination of the forfeiture. Upon receipt
by the registrar of a termination of forfeiture form, the
registrar shall take any measures necessary to permit the person
to register a motor vehicle owned or leased by the person or to
transfer the registration of a motor vehicle owned or leased by
the person, if the person later applies to register or transfer
the registration of a motor vehicle and otherwise is eligible to
register the motor vehicle or to transfer its registration.
The registrar shall not restore the person's driving or
vehicle registration privileges until the person pays the
reinstatement fee as provided in this section.
The period of denial relating to the issuance or transfer of
a certificate of registration for a motor vehicle imposed pursuant
to this division remains in effect until the person pays any fine
and costs imposed by the court relative to the offense.
(C) If the court does not issue a declaration of forfeiture
of a person's license under division (A) of this section, it may
enter information relative to the person's failure to pay the fine
or costs on a form prescribed or approved by the registrar
pursuant to division (D) of this section and send the form to the
registrar. Upon receipt of the form, the registrar shall take any
measures necessary to ensure that neither the registrar nor any
deputy registrar does either of the following:
(1) Accepts any application from the person for a driver's
license, commercial driver's license, or temporary instruction
permit or for a renewal of a driver's license, commercial driver's
license, or temporary instruction permit until the fine or costs
are paid;
(2) Accepts any application for the registration or transfer
of registration of any motor vehicle owned or leased by the
person. However, for a motor vehicle leased by the person, the
registrar shall not implement this requirement until the registrar
adopts procedures for that implementation under section 4503.39 of
the Revised Code.
The period of denial relating to the issuance or renewal of a
driver's license, commercial driver's license, or temporary
instruction permit and the issuance or transfer of a certificate
of registration for a motor vehicle imposed under division (C) of
this section remains in effect until the person pays any fine or
costs imposed by the court relative to the offense. When the fine
or costs have been paid in full, the court shall inform the
registrar of the payment by entering information relative to the
payment on a notice of payment form prescribed or approved by the
registrar pursuant to division (D) of this section and sending the
form to the registrar.
(D) The registrar shall prescribe and make available to
mayor's courts forms to be used for a notice of forfeiture and a
notice of termination under division (A) of this section and a
notice of failure to pay fines or costs and a notice of payment of
fines or costs under division (C) of this section. The registrar
may approve the use of other forms for these purposes.
The registrar may require that any of the forms prescribed or
approved pursuant to this section be transmitted to the registrar
electronically. If the registrar requires electronic transmission,
the registrar shall not be required to give effect to any form
that is not transmitted electronically.
Sec. 1905.33. (A) As used in this section, "unpaid court
costs, fees, or fines" means any court costs, fees, or fines that
an obligor has not paid to the appropriate court at least two
years after the date on which the obligor was required by the
court or by a statute or rule to pay the court costs, fees, or
fines.
(B) The mayor's court shall work with the tax commissioner to
collect unpaid court costs, fees, or fines from refunds of state
income taxes that are payable to obligors.
(C) A mayor's court may collect any unpaid court costs, fees,
or fines under this section. Any reduction under section 5747.12,
5747.121, 5747.122, or 5747.123 of the Revised Code to an income
tax refund shall be made before a reduction under this section. No
reduction shall be made under this section if the amount of the
refund is less than twenty-five dollars after any reduction under
section 5747.12 of the Revised Code. A reduction under this
section shall be made before any part of the refund is contributed
under section 5747.113 of the Revised Code or is credited under
section 5747.12 of the Revised Code against tax due in any
subsequent year.
(D) The court and the tax commissioner, by rules adopted in
accordance with Chapter 119. of the Revised Code, shall establish
procedures to implement this section. The procedures shall provide
for notice to an obligor of unpaid court costs, fees, or fines and
an opportunity for the obligor to be heard before the obligor's
income tax refund is reduced.
Sec. 1907.20. (A) The clerk of courts shall be the clerk of
the county court, except that the board of county commissioners,
with the concurrence of the county court judges, may appoint a
clerk for each county court judge, who shall serve at the pleasure
of the board and shall receive compensation as set by the board,
payable in semimonthly installments from the treasury of the
county. An appointed clerk, before entering upon the duties of the
office, shall give bond of not less than five thousand dollars, as
determined by the board of county commissioners, conditioned upon
the faithful performance of the clerk's duties.
The clerks of courts of common pleas, when acting as the
clerks of county courts, and upon assuming their county court
duties, shall receive compensation at one-fourth the rate
prescribed for the clerks of courts of common pleas as determined
in accordance with the population of the county and the rates set
forth in sections 325.08 and 325.18 of the Revised Code. This
compensation shall be paid from the county treasury in semimonthly
installments and is in addition to the annual compensation
received for the performance of the duties of the clerk of a court
of common pleas as provided in sections 325.08 and 325.18 of the
Revised Code.
(B) The clerk of a county court shall have general powers to
administer oaths, take affidavits, and issue executions upon any
judgment rendered in the county court, including a judgment for
unpaid costs, power to issue and sign all writs, process,
subpoenas, and papers issuing out of the court, and to attach the
seal of the court to them, and power to approve all bonds,
sureties, recognizances, and undertakings fixed by any judge of
the court or by law. The clerk shall file and safely keep all
journals, records, books, and papers belonging or appertaining to
the court, record its proceedings, perform all other duties that
the judges of the court may prescribe, and keep a book showing all
receipts and disbursements, which shall be open for public
inspection at all times. The clerk may refuse to accept for filing
any pleading or paper submitted for filing by a person who has
been found to be a vexatious litigator under section 2323.52 of
the Revised Code and who has failed to obtain leave to proceed
under that section.
The clerk shall prepare and maintain a general index, a
docket as prescribed by the court, which shall be furnished by the
board of county commissioners, and such other records as the
court, by rule, requires, all of which shall be the public records
of the court. In the docket, the clerk shall enter at times of the
commencement of an action, the names of the parties in full, the
names of the counsel, and the nature of the proceedings. Under
proper dates, the clerk shall note the filing of the complaint,
issuing of summons or other process, returns, and pleadings
subsequent thereto. The clerk also shall enter all reports,
verdicts, orders, judgments, and proceedings of the court, clearly
specifying the relief granted or orders made in each action. The
court may order an extended record of any of the above to be made
and entered, under the proper action heading, upon the docket at
the request of any party to the case, the expense of which may be
taxed as costs in the case or may be required to be prepaid by the
party demanding the extended record, upon order of the court.
(C) The clerk of a county court shall receive and collect all
costs, fees, fines, penalties, bail, and other moneys payable to
the office or to any officer of the court and issue receipts
therefor, and shall on or before the twentieth day of each month
disburse the costs, fees, fines, penalties, bail, and other moneys
to the proper persons or officers and take receipts therefor.
Subject to sections 307.515, 4511.19, 4511.193, and 5503.04 of the
Revised Code and all other statutes that require a different
distribution of fines, fines received for violations of municipal
ordinances shall be paid into the treasury of the municipal
corporation whose ordinance was violated, fines received for
violations of township resolutions adopted pursuant to section
503.52 or 503.53 or Chapter 504. of the Revised Code shall be paid
into the treasury of the township whose resolution was violated,
and fines collected for the violation of state laws shall be paid
into the county treasury. Moneys deposited as security for costs
shall be retained pending the litigation.
The clerk shall keep a separate account of all receipts and
disbursements in civil and criminal cases. The separate account
shall be a permanent public record of the office. On the
expiration of a clerk's term, those records shall be delivered to
the clerk's successor.
The clerk shall have such other powers and duties as are
prescribed by rule or order of the court.
(D) All moneys paid into a county court shall be noted on the
record of the case in which they are paid and shall be deposited
in a state or national bank selected by the clerk. On the first
Monday in January of each year, the clerk shall make a list of the
titles of all cases in the county court that were finally
determined more than one year past in which there remains
unclaimed in the possession of the clerk any funds, or any part of
a deposit for security of costs not consumed by the costs in the
case. The clerk shall give notice of the moneys to the parties
entitled to them or to their attorneys of record. All the moneys
remaining unclaimed on the first day of April of each year shall
be paid by the clerk to the county treasurer. Any part of the
moneys shall be paid by the county treasurer at any time to the
person having the right to them, upon proper certification of the
clerk.
(E)(1) In county court districts having appointed clerks,
deputy clerks may be appointed by the board of county
commissioners. Clerks and deputy clerks shall receive such
compensation payable in semimonthly installments out of the county
treasury as the board may prescribe. Each deputy clerk shall take
an oath of office before entering upon the duties of the deputy
clerk's office and, when so qualified, may perform the duties
appertaining to the office of the clerk. The clerk may require any
of the deputy clerks to give bond of not less than three thousand
dollars, conditioned for the faithful performance of the deputy
clerk's duties.
(2) A clerk of courts acting as clerk of the county court may
appoint deputy clerks to perform the duties pertaining to the
office of clerk of the county court. Each deputy clerk shall take
an oath of office before entering upon the deputy clerk's duties,
and the clerk of courts may require the deputy clerk to give bond
of not less than three thousand dollars, conditioned for the
faithful performance of the deputy clerk's duties.
(3) The clerk or a deputy clerk of a county court shall be in
attendance at all sessions of the court, although not necessarily
in the courtroom, and may administer oaths to witnesses and jurors
and receive verdicts.
(F)(1) In county court districts having appointed clerks, the
board of county commissioners may order the establishment of one
or more branch offices of the clerk and, with the concurrence of
the county judges, may appoint a special deputy clerk to
administer each branch office. Each special deputy clerk shall
take an oath of office before entering upon the duties of the
deputy clerk's office and, when so qualified, may perform any one
or more of the duties appertaining to the office of clerk, as the
board prescribes. Special deputy clerks shall receive such
compensation payable in semimonthly installments out of the county
treasury as the board may prescribe. The board may require any of
the special deputy clerks to give bond of not less than three
thousand dollars, conditioned for the faithful performance of the
deputy clerk's duties.
The board of county commissioners may authorize the clerk of
the county court to operate one or more branch offices, to divide
the clerk's time between the offices, and to perform duties
appertaining to the office of clerk in locations that the board
prescribes.
(2) A clerk of courts acting as clerk of the county court may
establish one or more branch offices for the clerk's duties as
clerk of the county court and, with the concurrence of the county
court judges, may appoint a special deputy clerk to administer
each branch office. Each special deputy clerk shall take an oath
of office before entering upon the deputy clerk's duties and, when
so qualified, may perform any of the duties pertaining to the
office of clerk, as the clerk of courts prescribes. The clerk of
courts may require any of the special deputy clerks to give bond
of not less than three thousand dollars, conditioned for the
faithful performance of the deputy clerk's duties.
(G) The clerk of courts of the county shall fix the
compensation of deputy clerks and special deputy clerks appointed
by the clerk pursuant to this section. Those personnel shall be
paid and be subject to the same requirements as other employees of
the clerk under the provisions of section 325.17 of the Revised
Code insofar as that section is applicable.
Sec. 1907.25. (A) If a person who has a current valid Ohio
driver's or commercial driver's license or temporary instruction
permit is charged with an offense in county court and either fails
to appear in court at the required time and place to answer the
charge or pleads guilty to or is found guilty of the offense and
fails within the time allowed by the court to pay any fine or
costs imposed by the court, the court may issue a declaration of
forfeiture of the person's license or permit. Within thirty days
after the issuance of a declaration of forfeiture, the court clerk
shall inform the registrar of motor vehicles of the forfeiture by
entering information relative to the forfeiture on a notice of
forfeiture form prescribed or approved by the registrar pursuant
to division (D) of this section and sending the completed form to
the registrar. The clerk also shall forward the person's license
or permit, if it is in the possession of the court, to the
registrar.
Upon receipt of a notice of forfeiture form, the registrar
shall impose a class F suspension of the driver's or commercial
driver's license or temporary instruction permit of the person who
is the subject of the form for the period of time specified in
division (B)(6) of section 4510.02 of the Revised Code. The
registrar shall send written notification of the suspension to the
person at the person's last known address and, if the person is in
possession of the license or permit, order the person to surrender
the license or permit to the registrar within forty-eight hours.
Neither the registrar nor any deputy registrar shall grant a
valid driver's or commercial driver's license or temporary
instruction permit to the person after the suspension unless the
court having jurisdiction of the offense that led to the
suspension orders the termination of the forfeiture. The court
shall order a termination of the forfeiture if the person appears
after the imposition of the suspension to answer the charge and
pays any fine and costs imposed by the court or pays the fine and
costs originally imposed by the court. The court shall inform the
registrar of the termination of the forfeiture by entering
information relative to the termination on a form prescribed or
approved by the registrar pursuant to division (D) of this section
and sending the completed form to the registrar. The person who is
the subject of the termination shall pay to the bureau of motor
vehicles a twenty-five-dollar reinstatement fee. The registrar
shall deposit fifteen dollars of the fee into the state treasury
to the credit of the state bureau of motor vehicles fund created
by section 4501.25 of the Revised Code to cover the costs of the
bureau in administering this section and shall deposit ten dollars
of the fee into the state treasury to the credit of the indigent
defense support fund created by section 120.08 of the Revised
Code.
(B) In addition to suspending the driver's or commercial
driver's license or temporary instruction permit of the person
named in a declaration of forfeiture, the registrar, upon receipt
from the court clerk of the notice of forfeiture form, shall take
any measures that may be necessary to ensure that neither the
registrar nor any deputy registrar accepts any application for the
registration or transfer of registration of any motor vehicle
owned or leased by the person named in the declaration of
forfeiture. However, for a motor vehicle leased by a person named
in a declaration of forfeiture, the registrar shall not implement
the preceding sentence until the registrar adopts procedures for
that implementation under section 4503.39 of the Revised Code. The
period of denial of registration or transfer shall continue until
the court with jurisdiction of the offense that led to the
suspension orders the termination of the forfeiture. Upon receipt
by the registrar of a termination of forfeiture form, the
registrar shall take any measures necessary to permit the person
to register a motor vehicle owned or leased by the person or to
transfer the registration of a motor vehicle owned or leased by
the person, if the person later applies to register or transfer
the registration of a motor vehicle and otherwise is eligible to
register the motor vehicle or to transfer its registration.
The registrar shall not restore the person's driving or
vehicle registration privileges until the person pays the
reinstatement fee as provided in this section.
The period of denial relating to the issuance or transfer of
a certificate of registration for a motor vehicle imposed pursuant
to this division remains in effect until the person pays any fine
and costs imposed by the court relative to the offense.
(C) If the court does not issue a declaration of forfeiture
of a person's license under division (A) of this section, it may
enter information relative to the person's failure to pay the fine
or costs on a form prescribed or approved by the registrar
pursuant to division (D) of this section and send the form to the
registrar. Upon receipt of the form, the registrar shall take any
measures necessary to ensure that neither the registrar nor any
deputy registrar does either of the following:
(1) Accepts any application from the person for a driver's
license, commercial driver's license, or temporary instruction
permit or for a renewal of a driver's license, commercial driver's
license, or temporary instruction permit until the fine or costs
are paid;
(2) Accepts any application for the registration or transfer
of registration of any motor vehicle owned or leased by the
person. However, for a motor vehicle leased by the person, the
registrar shall not implement this requirement until the registrar
adopts procedures for that implementation under section 4503.39 of
the Revised Code.
The period of denial relating to the issuance or renewal of a
driver's license, commercial driver's license, or temporary
instruction permit and the issuance or transfer of a certificate
of registration for a motor vehicle imposed under division (C) of
this section remains in effect until the person pays any fine or
costs imposed by the court relative to the offense. When the fine
or costs have been paid in full, the court shall inform the
registrar of the payment by entering information relative to the
payment on a notice of payment form prescribed or approved by the
registrar pursuant to division (D) of this section and sending the
form to the registrar.
(D) The registrar shall prescribe and make available to
county courts forms to be used for a notice of forfeiture and a
notice of termination under division (A) of this section and a
notice of failure to pay fines or costs and a notice of payment of
fines or costs under division (C) of this section. The registrar
may approve the use of other forms for these purposes.
The registrar may require that any of the forms prescribed or
approved pursuant to this section be transmitted to the registrar
electronically. If the registrar requires electronic transmission,
the registrar shall not be required to give effect to any form
that is not transmitted electronically.
Sec. 1907.26. Judges of a county court shall not retain any
of the costs or fees specified in the schedules adopted pursuant
to section 1907.24 of the Revised Code nor shall they retain a fee
for performing a marriage ceremony. Those costs and fees that
cannot be retained shall be transmitted to the general fund of the
county on or before the first business twentieth day of each
month.
Sec. 1907.261. (A)(1) A county court may determine that for
the efficient operation of the court additional funds are required
to computerize the court, to make available computerized legal
research services, or to do both. Upon making a determination that
additional funds are required for either or both of those
purposes, the court shall include in its schedule of fees and
costs under section 1907.24 of the Revised Code one additional fee
not to exceed three dollars on the filing of each cause of action
or appeal equivalent to one described in division (A), (Q), or (U)
of section 2303.20 of the Revised Code and shall direct the clerk
of the court to charge the fee.
(2) All fees collected under this section shall be paid on or
before the twentieth day of each month to the county treasurer.
The treasurer shall place the funds from the fees in a separate
fund to be disbursed upon an order of the court in an amount not
greater than the actual cost to the court of computerizing the
court, procuring and maintaining computerized legal research
services, or both.
(3) If the court determines that the funds in the fund
described in division (A)(2) of this section are more than
sufficient to satisfy the purpose for which the additional fee
described in division (A)(1) of this section was imposed, the
court may declare a surplus in the fund and expend those surplus
funds for other appropriate technological expenses of the court.
(B)(1) A county court may determine that, for the efficient
operation of the court, additional funds are required to
computerize the office of the clerk of the court and, upon that
determination, may include in its schedule of fees and costs under
section 1907.24 of the Revised Code an additional fee not to
exceed ten dollars on the filing of each cause of action or
appeal, on the filing, docketing, and endorsing of each
certificate of judgment, or on the docketing and indexing of each
aid in execution or petition to vacate, revive, or modify a
judgment that is equivalent to one described in division (A), (P),
(Q), (T), or (U) of section 2303.20 of the Revised Code. Subject
to division (B)(2) of this section, all moneys collected under
division (B)(1) of this section shall be paid on or before the
twentieth day of each month to the county treasurer. The treasurer
shall place the funds from the fees in a separate fund to be
disbursed, upon an order of the county court and subject to an
appropriation by the board of county commissioners, in an amount
no greater than the actual cost to the court of procuring and
maintaining computer systems for the office of the clerk of the
county court.
(2) If a county court makes the determination described in
division (B)(1) of this section, the board of county commissioners
of that county may issue one or more general obligation bonds for
the purpose of procuring and maintaining the computer systems for
the office of the clerk of the county court. In addition to the
purposes stated in division (B)(1) of this section for which the
moneys collected under that division may be expended, the moneys
additionally may be expended to pay debt charges and financing
costs related to any general obligation bonds issued pursuant to
division (B)(2) of this section as they become due. General
obligation bonds issued pursuant to division (B)(2) of this
section are Chapter 133. securities.
Sec. 1907.263. (A) As used in this section, "unpaid court
costs, fees, or fines" means any court costs, fees, or fines that
an obligor has not paid to the appropriate court at least two
years after the date on which the obligor was required by the
court or by a statute or rule to pay the court costs, fees, or
fines.
(B) The county court shall work with the tax commissioner to
collect unpaid court costs, fees, or fines from refunds of state
income taxes that are payable to obligors.
(C) A county court may collect any unpaid court costs, fees,
or fines under this section. Any reduction under section 5747.12,
5747.121, 5747.122, or 5747.123 of the Revised Code to an income
tax refund shall be made before a reduction under this section. No
reduction shall be made under this section if the amount of the
refund is less than twenty-five dollars after any reduction under
section 5747.12 of the Revised Code. A reduction under this
section shall be made before any part of the refund is contributed
under section 5747.113 of the Revised Code or is credited under
section 5747.12 of the Revised Code against tax due in any
subsequent year.
(D) The court and the tax commissioner, by rules adopted in
accordance with Chapter 119. of the Revised Code, shall establish
procedures to implement this section. The procedures shall provide
for notice to an obligor of unpaid court costs, fees, or fines and
an opportunity for the obligor to be heard before the obligor's
income tax refund is reduced.
Sec. 2303.203. (A) There is hereby created the committee on
court costs, consisting of the following ten members:
(1) Two members of the public appointed by the speaker of the
house of representatives;
(2) Two members of the public appointed by the president of
the senate;
(3) One member of the public appointed by the chief justice
of the Ohio supreme court;
(4) One municipal clerk of court appointed by the Ohio
association of municipal/county court clerks;
(5) One clerk of the court of common pleas appointed by the
Ohio clerk of courts association;
(6) One municipal judge appointed by the association of
municipal/county judges of Ohio;
(7) One judge of the court of common pleas appointed by the
Ohio common pleas judges association;
(8) One court administrator appointed by the Ohio association
for court administration.
(B) The appointments to the committee shall be made not later
than ninety days after the effective date of this section.
Vacancies on the committee shall be filled in the manner provided
for the original appointments.
(C) The terms of office of the members of the committee shall
be two years.
(D) The committee shall select the chairperson and
vice-chairperson of the committee.
(E) The committee shall meet annually at a time and place to
be determined by the members of the committee. The members of the
committee shall serve without compensation.
(F) The committee shall study the impact of court costs on
court operations. Based on the committee's findings, the committee
shall prepare recommendations for any changes that the committee
believes are necessary to the current system for court costs.
(G) The committee shall submit written findings and
recommendations to the chief justice of the Ohio supreme court,
the governor, the speaker of the house of representatives, and the
president of the senate.
Sec. 4503.39. With regard to a motor vehicle leased by or in
the name of a person named in a suspension order or who is
precluded from registering or transferring registration of a motor
vehicle because of a failure to pay a fine or court costs, the
registrar of motor vehicles shall adopt procedures as indicated in
division (C)(2) of section 1901.44, division (C)(2) of section
1905.202, division (C)(2) of section 1907.25, division (D) of
section 2935.27, division (A) of section 2937.221, and division
(B) of section 4510.22 of the Revised Code. The procedures shall
prescribe the information and methodology necessary to implement
those divisions.
Sec. 5747.124. (A) The tax commissioner, in accordance with
sections 1901.263, 1905.33, and 1907.263 of the Revised Code,
shall cooperate with municipal courts, mayor's courts, and county
courts to collect unpaid court costs, fees, or fines imposed by
those courts from refunds of state income taxes that are payable
to the obligors of those unpaid court costs, fees, or fines.
(B) At the request of a municipal court, mayor's court, or
county court in connection with the collection of unpaid court
costs, fees, or fines from a refund of state income tax returns
pursuant to this section and section 1901.263, 1905.33, or
1907.263 of the Revised Code, the tax commissioner shall release
to the court the home address and social security number of any
obligor of unpaid court costs, fees, or fines whose nonpayment of
those court costs, fees, or fines may be collected from a refund
of state income taxes under those sections.
(C) In the case of a joint income tax return for two people
who were not married to each other at the time one of them had not
paid any court costs, fees, or fines imposed by the court, only
the portion of a refund that is due to the obligor of the court
costs, fees, or fines shall be available for collection of the
unpaid court costs, fees, or fines under this section and section
1901.263, 1905.33, or 1907.263 of the Revised Code. The tax
commissioner shall determine that portion. An obligor's spouse who
objects to the portion as determined by the commissioner may file
a complaint with the commissioner within twenty-one days after
receiving notice of the collection, and the commissioner shall
afford the spouse an opportunity to be heard on the complaint. The
commissioner shall waive or extend the twenty-one-day period if
the obligor's spouse establishes that such action is necessary to
avoid unjust, unfair, or unreasonable results. After the hearing,
the commissioner shall make a final determination of the portion
of the refund available for collection of unpaid court costs,
fees, or fines.
Section 2. That existing sections 1901.261, 1901.31,
1907.20, 1907.26, 1907.261, and 4503.39 of the Revised Code are
hereby repealed.
Section 3. Section 1901.31 of the Revised Code is presented
in this act as a composite of the section as amended by Am. Sub.
H.B. 48, Am. Sub. H.B. 238, and Sub. H.B. 338, all of the 128th
General Assembly. The General Assembly, applying the principle
stated in division (B) of section 1.52 of the Revised Code that
amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
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