Bill Text: OH HB197 | 2011-2012 | 129th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: 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 the month following the month in which they are collected; to authorize a municipal, mayor's, or county court to require community service in lieu of costs if at the time of sentencing or any time after sentencing the court finds that the offender cannot pay costs; to authorize a municipal, mayor's, or county court to allow payment of costs in installments if at the time of sentencing or at any time after sentencing the court finds that the offender will not be able to pay costs in full when due; to raise the ceilings on the optional additional fees that a court of common pleas may charge to fund court computerization or computerization of the court clerk's office; to authorize use of the additional clerk's fees to fund technological advances in the clerk's office; to authorize new fees to fund computerization of or technological advances in the clerk's office; to ensure that after notice to the debtor and an opportunity to enter into an installment payment or community service agreement with the court neither the Registrar of Motor Vehicles nor any deputy registrar accepts any application for the registration or transfer of registration of a motor vehicle of a person who fails to pay any fine or costs imposed for offenses by a common pleas, municipal, mayor's, or county court; and to require a court in determining the sentence for a criminal offense to consider emotional, mental, or physical conditions traceable to an offender's military service that contributed to the offender's commission of the offense and to consider the offender's military service record.

Spectrum: Slight Partisan Bill (Democrat 8-5)

Status: (Passed) 2013-03-22 - Effective Date [HB197 Detail]

Download: Ohio-2011-HB197-Engrossed.html
As Passed by the House

129th General Assembly
Regular Session
2011-2012
Am. Sub. H. B. No. 197


Representative Slesnick 

Cosponsors: Representatives Fende, Letson, Murray, O'Brien, Patmon, Yuko, Blair, Combs, Johnson, Milkovich, Terhar Speaker Batchelder 



A BILL
To amend sections 1901.261, 1901.31, 1907.20, 1
1907.26, 1907.261, and 4503.39 and to enact 2
sections 1901.44, 1905.202, 1907.25, and 2947.09 3
of the Revised Code to require that all moneys 4
collected by the clerk of a municipal or county 5
court be paid to the appropriate person, fund, or 6
entity on or before the twentieth day of the month 7
following the month in which they are collected; 8
to authorize a municipal, mayor's, or county court 9
to require community service in lieu of costs if 10
at the time of sentencing or any time after 11
sentencing the court finds that the offender 12
cannot pay costs; to authorize a municipal, 13
mayor's, or county court to allow payment of costs 14
in installments if at the time of sentencing or at 15
any time after sentencing the court finds that the 16
offender will not be able to pay costs in full 17
when due; and to ensure that after notice to the 18
debtor and an opportunity to enter into an 19
installment payment or community service agreement 20
with the court neither the Registrar of Motor 21
Vehicles nor any deputy registrar accepts any 22
application for the registration or transfer of 23
registration of a motor vehicle of a person who 24
fails to pay any fine or costs imposed for 25
offenses by a common pleas, municipal, mayor's, or 26
county court.27


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 1901.261, 1901.31, 1907.20, 1907.26, 28
1907.261, and 4503.39 be amended and sections 1901.44, 1905.202, 29
1907.25, and 2947.09 of the Revised Code be enacted to read as 30
follows:31

       Sec. 1901.261.  (A)(1) A municipal court may determine that 32
for the efficient operation of the court additional funds are 33
required to computerize the court, to make available computerized 34
legal research services, or to do both. Upon making a 35
determination that additional funds are required for either or 36
both of those purposes, the court shall include in its schedule of 37
fees and costs under section 1901.26 of the Revised Code one 38
additional fee not to exceed three dollars on the filing of each 39
cause of action or appeal equivalent to one described in division 40
(A), (Q), or (U) of section 2303.20 of the Revised Code and shall 41
direct the clerk of the court to charge the fee.42

       (2) All fees collected under this section shall be paid on or 43
before the twentieth day of the month following the month in which 44
they are collected to the county treasurer if the court is a 45
county-operated municipal court or to the city treasurer if the 46
court is not a county-operated municipal court. The treasurer 47
shall place the funds from the fees in a separate fund to be 48
disbursed upon an order of the court, subject to an appropriation 49
by the board of county commissioners if the court is a 50
county-operated municipal court or by the legislative authority of 51
the municipal corporation if the court is not a county-operated 52
municipal court, or upon an order of the court, subject to the 53
court making an annual report available to the public listing the 54
use of all such funds, in an amount not greater than the actual 55
cost to the court of computerizing the court, procuring and 56
maintaining computerized legal research services, or both.57

       (3) If the court determines that the funds in the fund 58
described in division (A)(2) of this section are more than 59
sufficient to satisfy the purpose for which the additional fee 60
described in division (A)(1) of this section was imposed, the 61
court may declare a surplus in the fund and, subject to an 62
appropriation by the board of county commissioners if the court is 63
a county-operated municipal court or by the legislative authority 64
of the municipal corporation if the court is not a county-operated 65
municipal court, expend those surplus funds, or upon an order of 66
the court, subject to the court making an annual report available 67
to the public listing the use of all such funds, expend those 68
surplus funds, for other appropriate technological expenses of the 69
court.70

       (B)(1) A municipal court may determine that, for the 71
efficient operation of the court, additional funds are required to 72
computerize the office of the clerk of the court and, upon that 73
determination, may include in its schedule of fees and costs under 74
section 1901.26 of the Revised Code an additional fee not to 75
exceed ten dollars on the filing of each cause of action or 76
appeal, on the filing, docketing, and endorsing of each 77
certificate of judgment, or on the docketing and indexing of each 78
aid in execution or petition to vacate, revive, or modify a 79
judgment that is equivalent to one described in division (A), (P), 80
(Q), (T), or (U) of section 2303.20 of the Revised Code. Subject 81
to division (B)(2) of this section, all moneys collected under 82
division (B)(1) of this section shall be paid on or before the 83
twentieth day of the month following the month in which they are 84
collected to the county treasurer if the court is a 85
county-operated municipal court or to the city treasurer if the 86
court is not a county-operated municipal court. The treasurer 87
shall place the funds from the fees in a separate fund to be 88
disbursed, upon an order of the municipal court and subject to an 89
appropriation by the board of county commissioners if the court is 90
a county-operated municipal court or by the legislative authority 91
of the municipal corporation if the court is not a county-operated 92
municipal court, in an amount no greater than the actual cost to 93
the court of procuring and maintaining computer systems for the 94
office of the clerk of the municipal court.95

       (2) If a municipal court makes the determination described in 96
division (B)(1) of this section, the board of county commissioners 97
of the county if the court is a county-operated municipal court or 98
the legislative authority of the municipal corporation if the 99
court is not a county-operated municipal court, may issue one or 100
more general obligation bonds for the purpose of procuring and 101
maintaining the computer systems for the office of the clerk of 102
the municipal court. In addition to the purposes stated in 103
division (B)(1) of this section for which the moneys collected 104
under that division may be expended, the moneys additionally may 105
be expended to pay debt charges and financing costs related to any 106
general obligation bonds issued pursuant to division (B)(2) of 107
this section as they become due. General obligation bonds issued 108
pursuant to division (B)(2) of this section are Chapter 133. 109
securities.110

       Sec. 1901.31.  The clerk and deputy clerks of a municipal 111
court shall be selected, be compensated, give bond, and have 112
powers and duties as follows:113

       (A) There shall be a clerk of the court who is appointed or 114
elected as follows:115

       (1)(a) Except in the Akron, Barberton, Toledo, Hamilton 116
county, Miami county, Montgomery county, Portage county, and Wayne 117
county municipal courts and through December 31, 2008, the 118
Cuyahoga Falls municipal court, if the population of the territory 119
equals or exceeds one hundred thousand at the regular municipal 120
election immediately preceding the expiration of the term of the 121
present clerk, the clerk shall be nominated and elected by the 122
qualified electors of the territory in the manner that is provided 123
for the nomination and election of judges in section 1901.07 of 124
the Revised Code.125

       The clerk so elected shall hold office for a term of six 126
years, which term shall commence on the first day of January 127
following the clerk's election and continue until the clerk's 128
successor is elected and qualified.129

       (b) In the Hamilton county municipal court, the clerk of 130
courts of Hamilton county shall be the clerk of the municipal 131
court and may appoint an assistant clerk who shall receive the 132
compensation, payable out of the treasury of Hamilton county in 133
semimonthly installments, that the board of county commissioners 134
prescribes. The clerk of courts of Hamilton county, acting as the 135
clerk of the Hamilton county municipal court and assuming the 136
duties of that office, shall receive compensation at one-fourth 137
the rate that is prescribed for the clerks of courts of common 138
pleas as determined in accordance with the population of the 139
county and the rates set forth in sections 325.08 and 325.18 of 140
the Revised Code. This compensation shall be paid from the county 141
treasury in semimonthly installments and is in addition to the 142
annual compensation that is received for the performance of the 143
duties of the clerk of courts of Hamilton county, as provided in 144
sections 325.08 and 325.18 of the Revised Code.145

       (c) In the Portage county and Wayne county municipal courts, 146
the clerks of courts of Portage county and Wayne county shall be 147
the clerks, respectively, of the Portage county and Wayne county 148
municipal courts and may appoint a chief deputy clerk for each 149
branch that is established pursuant to section 1901.311 of the 150
Revised Code and assistant clerks as the judges of the municipal 151
court determine are necessary, all of whom shall receive the 152
compensation that the legislative authority prescribes. The clerks 153
of courts of Portage county and Wayne county, acting as the clerks 154
of the Portage county and Wayne county municipal courts and 155
assuming the duties of these offices, shall receive compensation 156
payable from the county treasury in semimonthly installments at 157
one-fourth the rate that is prescribed for the clerks of courts of 158
common pleas as determined in accordance with the population of 159
the county and the rates set forth in sections 325.08 and 325.18 160
of the Revised Code.161

       (d) In the Montgomery county and Miami county municipal 162
courts, the clerks of courts of Montgomery county and Miami county 163
shall be the clerks, respectively, of the Montgomery county and 164
Miami county municipal courts. The clerks of courts of Montgomery 165
county and Miami county, acting as the clerks of the Montgomery 166
county and Miami county municipal courts and assuming the duties 167
of these offices, shall receive compensation at one-fourth the 168
rate that is prescribed for the clerks of courts of common pleas 169
as determined in accordance with the population of the county and 170
the rates set forth in sections 325.08 and 325.18 of the Revised 171
Code. This compensation shall be paid from the county treasury in 172
semimonthly installments and is in addition to the annual 173
compensation that is received for the performance of the duties of 174
the clerks of courts of Montgomery county and Miami county, as 175
provided in sections 325.08 and 325.18 of the Revised Code. 176

       (e) Except as otherwise provided in division (A)(1)(e) of 177
this section, in the Akron municipal court, candidates for 178
election to the office of clerk of the court shall be nominated by 179
primary election. The primary election shall be held on the day 180
specified in the charter of the city of Akron for the nomination 181
of municipal officers. Notwithstanding any contrary provision of 182
section 3513.05 or 3513.257 of the Revised Code, the declarations 183
of candidacy and petitions of partisan candidates and the 184
nominating petitions of independent candidates for the office of 185
clerk of the Akron municipal court shall be signed by at least 186
fifty qualified electors of the territory of the court.187

       The candidates shall file a declaration of candidacy and 188
petition, or a nominating petition, whichever is applicable, not 189
later than four p.m. of the ninetieth day before the day of the 190
primary election, in the form prescribed by section 3513.07 or 191
3513.261 of the Revised Code. The declaration of candidacy and 192
petition, or the nominating petition, shall conform to the 193
applicable requirements of section 3513.05 or 3513.257 of the 194
Revised Code.195

       If no valid declaration of candidacy and petition is filed by 196
any person for nomination as a candidate of a particular political 197
party for election to the office of clerk of the Akron municipal 198
court, a primary election shall not be held for the purpose of 199
nominating a candidate of that party for election to that office. 200
If only one person files a valid declaration of candidacy and 201
petition for nomination as a candidate of a particular political 202
party for election to that office, a primary election shall not be 203
held for the purpose of nominating a candidate of that party for 204
election to that office, and the candidate shall be issued a 205
certificate of nomination in the manner set forth in section 206
3513.02 of the Revised Code.207

       Declarations of candidacy and petitions, nominating 208
petitions, and certificates of nomination for the office of clerk 209
of the Akron municipal court shall contain a designation of the 210
term for which the candidate seeks election. At the following 211
regular municipal election, all candidates for the office shall be 212
submitted to the qualified electors of the territory of the court 213
in the manner that is provided in section 1901.07 of the Revised 214
Code for the election of the judges of the court. The clerk so 215
elected shall hold office for a term of six years, which term 216
shall commence on the first day of January following the clerk's 217
election and continue until the clerk's successor is elected and 218
qualified.219

        (f) Except as otherwise provided in division (A)(1)(f) of 220
this section, in the Barberton municipal court, candidates for 221
election to the office of clerk of the court shall be nominated by 222
primary election. The primary election shall be held on the day 223
specified in the charter of the city of Barberton for the 224
nomination of municipal officers. Notwithstanding any contrary 225
provision of section 3513.05 or 3513.257 of the Revised Code, the 226
declarations of candidacy and petitions of partisan candidates and 227
the nominating petitions of independent candidates for the office 228
of clerk of the Barberton municipal court shall be signed by at 229
least fifty qualified electors of the territory of the court.230

       The candidates shall file a declaration of candidacy and 231
petition, or a nominating petition, whichever is applicable, not 232
later than four p.m. of the ninetieth day before the day of the 233
primary election, in the form prescribed by section 3513.07 or 234
3513.261 of the Revised Code. The declaration of candidacy and 235
petition, or the nominating petition, shall conform to the 236
applicable requirements of section 3513.05 or 3513.257 of the 237
Revised Code.238

       If no valid declaration of candidacy and petition is filed by 239
any person for nomination as a candidate of a particular political 240
party for election to the office of clerk of the Barberton 241
municipal court, a primary election shall not be held for the 242
purpose of nominating a candidate of that party for election to 243
that office. If only one person files a valid declaration of 244
candidacy and petition for nomination as a candidate of a 245
particular political party for election to that office, a primary 246
election shall not be held for the purpose of nominating a 247
candidate of that party for election to that office, and the 248
candidate shall be issued a certificate of nomination in the 249
manner set forth in section 3513.02 of the Revised Code.250

       Declarations of candidacy and petitions, nominating 251
petitions, and certificates of nomination for the office of clerk 252
of the Barberton municipal court shall contain a designation of 253
the term for which the candidate seeks election. At the following 254
regular municipal election, all candidates for the office shall be 255
submitted to the qualified electors of the territory of the court 256
in the manner that is provided in section 1901.07 of the Revised 257
Code for the election of the judges of the court. The clerk so 258
elected shall hold office for a term of six years, which term 259
shall commence on the first day of January following the clerk's 260
election and continue until the clerk's successor is elected and 261
qualified.262

       (g)(i) Through December 31, 2008, except as otherwise 263
provided in division (A)(1)(g)(i) of this section, in the Cuyahoga 264
Falls municipal court, candidates for election to the office of 265
clerk of the court shall be nominated by primary election. The 266
primary election shall be held on the day specified in the charter 267
of the city of Cuyahoga Falls for the nomination of municipal 268
officers. Notwithstanding any contrary provision of section 269
3513.05 or 3513.257 of the Revised Code, the declarations of 270
candidacy and petitions of partisan candidates and the nominating 271
petitions of independent candidates for the office of clerk of the 272
Cuyahoga Falls municipal court shall be signed by at least fifty 273
qualified electors of the territory of the court.274

       The candidates shall file a declaration of candidacy and 275
petition, or a nominating petition, whichever is applicable, not 276
later than four p.m. of the ninetieth day before the day of the 277
primary election, in the form prescribed by section 3513.07 or 278
3513.261 of the Revised Code. The declaration of candidacy and 279
petition, or the nominating petition, shall conform to the 280
applicable requirements of section 3513.05 or 3513.257 of the 281
Revised Code.282

       If no valid declaration of candidacy and petition is filed by 283
any person for nomination as a candidate of a particular political 284
party for election to the office of clerk of the Cuyahoga Falls 285
municipal court, a primary election shall not be held for the 286
purpose of nominating a candidate of that party for election to 287
that office. If only one person files a valid declaration of 288
candidacy and petition for nomination as a candidate of a 289
particular political party for election to that office, a primary 290
election shall not be held for the purpose of nominating a 291
candidate of that party for election to that office, and the 292
candidate shall be issued a certificate of nomination in the 293
manner set forth in section 3513.02 of the Revised Code.294

       Declarations of candidacy and petitions, nominating 295
petitions, and certificates of nomination for the office of clerk 296
of the Cuyahoga Falls municipal court shall contain a designation 297
of the term for which the candidate seeks election. At the 298
following regular municipal election, all candidates for the 299
office shall be submitted to the qualified electors of the 300
territory of the court in the manner that is provided in section 301
1901.07 of the Revised Code for the election of the judges of the 302
court. The clerk so elected shall hold office for a term of six 303
years, which term shall commence on the first day of January 304
following the clerk's election and continue until the clerk's 305
successor is elected and qualified.306

       (ii) Division (A)(1)(g)(i) of this section shall have no 307
effect after December 31, 2008.308

       (h) Except as otherwise provided in division (A)(1)(h) of 309
this section, in the Toledo municipal court, candidates for 310
election to the office of clerk of the court shall be nominated by 311
primary election. The primary election shall be held on the day 312
specified in the charter of the city of Toledo for the nomination 313
of municipal officers. Notwithstanding any contrary provision of 314
section 3513.05 or 3513.257 of the Revised Code, the declarations 315
of candidacy and petitions of partisan candidates and the 316
nominating petitions of independent candidates for the office of 317
clerk of the Toledo municipal court shall be signed by at least 318
fifty qualified electors of the territory of the court.319

       The candidates shall file a declaration of candidacy and 320
petition, or a nominating petition, whichever is applicable, not 321
later than four p.m. of the ninetieth day before the day of the 322
primary election, in the form prescribed by section 3513.07 or 323
3513.261 of the Revised Code. The declaration of candidacy and 324
petition, or the nominating petition, shall conform to the 325
applicable requirements of section 3513.05 or 3513.257 of the 326
Revised Code.327

       If no valid declaration of candidacy and petition is filed by 328
any person for nomination as a candidate of a particular political 329
party for election to the office of clerk of the Toledo municipal 330
court, a primary election shall not be held for the purpose of 331
nominating a candidate of that party for election to that office. 332
If only one person files a valid declaration of candidacy and 333
petition for nomination as a candidate of a particular political 334
party for election to that office, a primary election shall not be 335
held for the purpose of nominating a candidate of that party for 336
election to that office, and the candidate shall be issued a 337
certificate of nomination in the manner set forth in section 338
3513.02 of the Revised Code.339

       Declarations of candidacy and petitions, nominating 340
petitions, and certificates of nomination for the office of clerk 341
of the Toledo municipal court shall contain a designation of the 342
term for which the candidate seeks election. At the following 343
regular municipal election, all candidates for the office shall be 344
submitted to the qualified electors of the territory of the court 345
in the manner that is provided in section 1901.07 of the Revised 346
Code for the election of the judges of the court. The clerk so 347
elected shall hold office for a term of six years, which term 348
shall commence on the first day of January following the clerk's 349
election and continue until the clerk's successor is elected and 350
qualified.351

       (2)(a) Except for the Alliance, Auglaize county, Brown 352
county, Columbiana county, Holmes county, Putnam county, Sandusky 353
county, Lorain, Massillon, and Youngstown municipal courts, in a 354
municipal court for which the population of the territory is less 355
than one hundred thousand, the clerk shall be appointed by the 356
court, and the clerk shall hold office until the clerk's successor 357
is appointed and qualified.358

       (b) In the Alliance, Lorain, Massillon, and Youngstown 359
municipal courts, the clerk shall be elected for a term of office 360
as described in division (A)(1)(a) of this section.361

       (c) In the Auglaize county, Brown county, Holmes county, 362
Putnam county, and Sandusky county municipal courts, the clerks of 363
courts of Auglaize county, Brown county, Holmes county, Putnam 364
county, and Sandusky county shall be the clerks, respectively, of 365
the Auglaize county, Brown county, Holmes county, Putnam county, 366
and Sandusky county municipal courts and may appoint a chief 367
deputy clerk for each branch office that is established pursuant 368
to section 1901.311 of the Revised Code, and assistant clerks as 369
the judge of the court determines are necessary, all of whom shall 370
receive the compensation that the legislative authority 371
prescribes. The clerks of courts of Auglaize county, Brown county, 372
Holmes county, Putnam county, and Sandusky county, acting as the 373
clerks of the Auglaize county, Brown county, Holmes county, Putnam 374
county, and Sandusky county municipal courts and assuming the 375
duties of these offices, shall receive compensation payable from 376
the county treasury in semimonthly installments at one-fourth the 377
rate that is prescribed for the clerks of courts of common pleas 378
as determined in accordance with the population of the county and 379
the rates set forth in sections 325.08 and 325.18 of the Revised 380
Code.381

       (d) In the Columbiana county municipal court, the clerk of 382
courts of Columbiana county shall be the clerk of the municipal 383
court, may appoint a chief deputy clerk for each branch office 384
that is established pursuant to section 1901.311 of the Revised 385
Code, and may appoint any assistant clerks that the judges of the 386
court determine are necessary. All of the chief deputy clerks and 387
assistant clerks shall receive the compensation that the 388
legislative authority prescribes. The clerk of courts of 389
Columbiana county, acting as the clerk of the Columbiana county 390
municipal court and assuming the duties of that office, shall 391
receive in either biweekly installments or semimonthly 392
installments, as determined by the payroll administrator, 393
compensation payable from the county treasury at one-fourth the 394
rate that is prescribed for the clerks of courts of common pleas 395
as determined in accordance with the population of the county and 396
the rates set forth in sections 325.08 and 325.18 of the Revised 397
Code.398

       (3) During the temporary absence of the clerk due to illness, 399
vacation, or other proper cause, the court may appoint a temporary 400
clerk, who shall be paid the same compensation, have the same 401
authority, and perform the same duties as the clerk.402

       (B) Except in the Hamilton county, Montgomery county, Miami 403
county, Portage county, and Wayne county municipal courts, if a 404
vacancy occurs in the office of the clerk of the Alliance, Lorain, 405
Massillon, or Youngstown municipal court or occurs in the office 406
of the clerk of a municipal court for which the population of the 407
territory equals or exceeds one hundred thousand because the clerk 408
ceases to hold the office before the end of the clerk's term or 409
because a clerk-elect fails to take office, the vacancy shall be 410
filled, until a successor is elected and qualified, by a person 411
chosen by the residents of the territory of the court who are 412
members of the county central committee of the political party by 413
which the last occupant of that office or the clerk-elect was 414
nominated. Not less than five nor more than fifteen days after a 415
vacancy occurs, those members of that county central committee 416
shall meet to make an appointment to fill the vacancy. At least 417
four days before the date of the meeting, the chairperson or a 418
secretary of the county central committee shall notify each such 419
member of that county central committee by first class mail of the 420
date, time, and place of the meeting and its purpose. A majority 421
of all such members of that county central committee constitutes a 422
quorum, and a majority of the quorum is required to make the 423
appointment. If the office so vacated was occupied or was to be 424
occupied by a person not nominated at a primary election, or if 425
the appointment was not made by the committee members in 426
accordance with this division, the court shall make an appointment 427
to fill the vacancy. A successor shall be elected to fill the 428
office for the unexpired term at the first municipal election that 429
is held more than one hundred thirty-five days after the vacancy 430
occurred.431

       (C)(1) In a municipal court, other than the Auglaize county, 432
the Brown county, the Columbiana county, the Holmes county, the 433
Putnam county, the Sandusky county, and the Lorain municipal 434
courts, for which the population of the territory is less than one 435
hundred thousand, the clerk of the municipal court shall receive 436
the annual compensation that the presiding judge of the court 437
prescribes, if the revenue of the court for the preceding calendar 438
year, as certified by the auditor or chief fiscal officer of the 439
municipal corporation in which the court is located or, in the 440
case of a county-operated municipal court, the county auditor, is 441
equal to or greater than the expenditures, including any debt 442
charges, for the operation of the court payable under this chapter 443
from the city treasury or, in the case of a county-operated 444
municipal court, the county treasury for that calendar year, as 445
also certified by the auditor or chief fiscal officer. If the 446
revenue of a municipal court, other than the Auglaize county, the 447
Brown county, the Columbiana county, the Putnam county, the 448
Sandusky county, and the Lorain municipal courts, for which the 449
population of the territory is less than one hundred thousand for 450
the preceding calendar year as so certified is not equal to or 451
greater than those expenditures for the operation of the court for 452
that calendar year as so certified, the clerk of a municipal court 453
shall receive the annual compensation that the legislative 454
authority prescribes. As used in this division, "revenue" means 455
the total of all costs and fees that are collected and paid to the 456
city treasury or, in a county-operated municipal court, the county 457
treasury by the clerk of the municipal court under division (F) of 458
this section and all interest received and paid to the city 459
treasury or, in a county-operated municipal court, the county 460
treasury in relation to the costs and fees under division (G) of 461
this section.462

       (2) In a municipal court, other than the Hamilton county, 463
Montgomery county, Miami county, Portage county, and Wayne county 464
municipal courts, for which the population of the territory is one 465
hundred thousand or more, and in the Lorain municipal court, the 466
clerk of the municipal court shall receive annual compensation in 467
a sum equal to eighty-five per cent of the salary of a judge of 468
the court.469

       (3) The compensation of a clerk described in division (C)(1) 470
or (2) of this section and of the clerk of the Columbiana county 471
municipal court is payable in either semimonthly installments or 472
biweekly installments, as determined by the payroll administrator, 473
from the same sources and in the same manner as provided in 474
section 1901.11 of the Revised Code, except that the compensation 475
of the clerk of the Carroll county municipal court is payable in 476
biweekly installments.477

       (D) Before entering upon the duties of the clerk's office, 478
the clerk of a municipal court shall give bond of not less than 479
six thousand dollars to be determined by the judges of the court, 480
conditioned upon the faithful performance of the clerk's duties.481

       (E) The clerk of a municipal court may do all of the 482
following: administer oaths, take affidavits, and issue executions 483
upon any judgment rendered in the court, including a judgment for 484
unpaid costs; issue, sign, and attach the seal of the court to all 485
writs, process, subpoenas, and papers issuing out of the court; 486
and approve all bonds, sureties, recognizances, and undertakings 487
fixed by any judge of the court or by law. The clerk may refuse to 488
accept for filing any pleading or paper submitted for filing by a 489
person who has been found to be a vexatious litigator under 490
section 2323.52 of the Revised Code and who has failed to obtain 491
leave to proceed under that section. The clerk shall do all of the 492
following: file and safely keep all journals, records, books, and 493
papers belonging or appertaining to the court; record the 494
proceedings of the court; perform all other duties that the judges 495
of the court may prescribe; and keep a book showing all receipts 496
and disbursements, which book shall be open for public inspection 497
at all times.498

       The clerk shall prepare and maintain a general index, a 499
docket, and other records that the court, by rule, requires, all 500
of which shall be the public records of the court. In the docket, 501
the clerk shall enter, at the time of the commencement of an 502
action, the names of the parties in full, the names of the 503
counsel, and the nature of the proceedings. Under proper dates, 504
the clerk shall note the filing of the complaint, issuing of 505
summons or other process, returns, and any subsequent pleadings. 506
The clerk also shall enter all reports, verdicts, orders, 507
judgments, and proceedings of the court, clearly specifying the 508
relief granted or orders made in each action. The court may order 509
an extended record of any of the above to be made and entered, 510
under the proper action heading, upon the docket at the request of 511
any party to the case, the expense of which record may be taxed as 512
costs in the case or may be required to be prepaid by the party 513
demanding the record, upon order of the court.514

       (F) The clerk of a municipal court shall receive, collect, 515
and issue receipts for all costs, fees, fines, bail, and other 516
moneys payable to the office or to any officer of the court. The 517
clerk shall eachon or before the twentieth day of the month 518
following the month in which they are collected disburse to the 519
proper persons or officers, and take receipts for, all costs, 520
fees, fines, bail, and other moneys that the clerk collects. 521
Subject to sections 307.515 and 4511.193 of the Revised Code and 522
to any other section of the Revised Code that requires a specific 523
manner of disbursement of any moneys received by a municipal court 524
and except for the Hamilton county, Lawrence county, and Ottawa 525
county municipal courts, the clerk shall pay all fines received 526
for violation of municipal ordinances into the treasury of the 527
municipal corporation the ordinance of which was violated and 528
shall pay all fines received for violation of township resolutions 529
adopted pursuant to section 503.52 or 503.53 or Chapter 504. of 530
the Revised Code into the treasury of the township the resolution 531
of which was violated. Subject to sections 1901.024 and 4511.193 532
of the Revised Code, in the Hamilton county, Lawrence county, and 533
Ottawa county municipal courts, the clerk shall pay fifty per cent 534
of the fines received for violation of municipal ordinances and 535
fifty per cent of the fines received for violation of township 536
resolutions adopted pursuant to section 503.52 or 503.53 or 537
Chapter 504. of the Revised Code into the treasury of the county. 538
Subject to sections 307.515, 4511.19, and 5503.04 of the Revised 539
Code and to any other section of the Revised Code that requires a 540
specific manner of disbursement of any moneys received by a 541
municipal court, the clerk shall pay all fines collected for the 542
violation of state laws into the county treasury. Except in a 543
county-operated municipal court, the clerk shall pay all costs and 544
fees the disbursement of which is not otherwise provided for in 545
the Revised Code into the city treasury. The clerk of a 546
county-operated municipal court shall pay the costs and fees the 547
disbursement of which is not otherwise provided for in the Revised 548
Code into the county treasury. Moneys deposited as security for 549
costs shall be retained pending the litigation. The clerk shall 550
keep a separate account of all receipts and disbursements in civil 551
and criminal cases, which shall be a permanent public record of 552
the office. On the expiration of the term of the clerk, the clerk 553
shall deliver the records to the clerk's successor. The clerk 554
shall have other powers and duties as are prescribed by rule or 555
order of the court.556

       (G) All moneys paid into a municipal court shall be noted on 557
the record of the case in which they are paid and shall be 558
deposited in a state or national bank, or a domestic savings and 559
loan association, as defined in section 1151.01 of the Revised 560
Code, that is selected by the clerk. Any interest received upon 561
the deposits shall be paid into the city treasury, except that, in 562
a county-operated municipal court, the interest shall be paid into 563
the treasury of the county in which the court is located.564

       On the first Monday in January of each year, the clerk shall 565
make a list of the titles of all cases in the court that were 566
finally determined more than one year past in which there remains 567
unclaimed in the possession of the clerk any funds, or any part of 568
a deposit for security of costs not consumed by the costs in the 569
case. The clerk shall give notice of the moneys to the parties who 570
are entitled to the moneys or to their attorneys of record. All 571
the moneys remaining unclaimed on the first day of April of each 572
year shall be paid by the clerk to the city treasurer, except 573
that, in a county-operated municipal court, the moneys shall be 574
paid to the treasurer of the county in which the court is located. 575
The treasurer shall pay any part of the moneys at any time to the 576
person who has the right to the moneys upon proper certification 577
of the clerk.578

       (H) Deputy clerks of a municipal court other than the Carroll 579
county municipal court may be appointed by the clerk and shall 580
receive the compensation, payable in either biweekly installments 581
or semimonthly installments, as determined by the payroll 582
administrator, out of the city treasury, that the clerk may 583
prescribe, except that the compensation of any deputy clerk of a 584
county-operated municipal court shall be paid out of the treasury 585
of the county in which the court is located. The judge of the 586
Carroll county municipal court may appoint deputy clerks for the 587
court, and the deputy clerks shall receive the compensation, 588
payable in biweekly installments out of the county treasury, that 589
the judge may prescribe. Each deputy clerk shall take an oath of 590
office before entering upon the duties of the deputy clerk's 591
office and, when so qualified, may perform the duties appertaining 592
to the office of the clerk. The clerk may require any of the 593
deputy clerks to give bond of not less than three thousand 594
dollars, conditioned for the faithful performance of the deputy 595
clerk's duties.596

       (I) For the purposes of this section, whenever the population 597
of the territory of a municipal court falls below one hundred 598
thousand but not below ninety thousand, and the population of the 599
territory prior to the most recent regular federal census exceeded 600
one hundred thousand, the legislative authority of the municipal 601
corporation may declare, by resolution, that the territory shall 602
be considered to have a population of at least one hundred 603
thousand.604

       (J) The clerk or a deputy clerk shall be in attendance at all 605
sessions of the municipal court, although not necessarily in the 606
courtroom, and may administer oaths to witnesses and jurors and 607
receive verdicts.608

       Sec. 1901.44.  (A)(1) Notwithstanding any other provision of 609
the Revised Code, if at the time of sentencing or at any time 610
after sentencing a municipal court finds that a person who is 611
found guilty of an offense is unable to pay costs, the court may 612
order the offender to perform community service in lieu of costs. 613

       (2) Notwithstanding any other provision of the Revised Code, 614
if at the time of sentencing or at any time after sentencing a 615
municipal court finds that a person who is found guilty of an 616
offense will not be able to pay costs in full when they are due, 617
the court may order the offender to pay the costs in installments 618
according to a schedule set by the court.619

       (B) If a person is charged with an offense in municipal court 620
and either fails to appear in court at the required time and place 621
to answer the charge or pleads guilty to or is found guilty of the 622
offense and fails within the time allowed by the court to pay any 623
fine or costs imposed by the court, the court shall send the 624
person a notice by ordinary mail at the person's last known 625
address stating that there is a balance due, specifying the amount 626
of the balance due, and directing the person to contact the court 627
clerk's office within ten days of the date of the notice. The 628
notice shall include the sentence: "WARNING: Failure to timely 629
respond to this notice may result in the blocking of your motor 630
vehicle registration or transfer of registration!" To avoid a 631
block on the person's motor vehicle registration or transfer of 632
registration, the person may enter into a written agreement with 633
the court to pay the balance due in installments or to perform 634
community service in lieu of payment. The agreement shall include 635
the sentence: "WARNING: Failure to comply with the payment 636
schedule or to complete your community service requirement may 637
result in the blocking of your motor vehicle registration or 638
transfer of registration!" 639

       If a person does not enter into an agreement under this 640
division or if a person fails to comply with an agreement entered 641
into under this division, the court may enter information relative 642
to the person's failure to pay any outstanding amount of the fine 643
or costs on a form prescribed or approved by the registrar 644
pursuant to division (C) of this section and send the form to the 645
registrar. Upon receipt of the form, the registrar shall take any 646
measures necessary to ensure that neither the registrar nor any 647
deputy registrar accepts any application for the registration or 648
transfer of registration of any motor vehicle owned or leased by 649
the person. However, for a motor vehicle leased by the person, the 650
registrar shall not implement this requirement until the registrar 651
adopts procedures for that implementation under section 4503.39 of 652
the Revised Code.653

       The period of denial relating to the issuance or transfer of 654
a certificate of registration for a motor vehicle imposed under 655
this section remains in effect until the person pays any fine or 656
costs imposed by the court relative to the offense. When the fine 657
or costs have been paid in full, the court shall inform the 658
registrar of the payment by entering information relative to the 659
payment on a notice of payment form prescribed or approved by the 660
registrar pursuant to division (C) of this section and sending the 661
form to the registrar. 662

       (C) The registrar shall prescribe and make available to 663
municipal courts forms to be used for a notice to the registrar of 664
failure to pay fines or costs and a notice to the registrar of 665
payment of fines or costs under division (B) of this section. The 666
registrar may approve the use of other forms for these purposes.667

       The registrar may require that any of the forms prescribed or 668
approved pursuant to this section be transmitted to the registrar 669
electronically. If the registrar requires electronic transmission, 670
the registrar shall not be required to give effect to any form 671
that is not transmitted electronically.672

       Sec. 1905.202.  (A)(1) Notwithstanding any other provision of 673
the Revised Code, if at the time of sentencing or at any time 674
after sentencing a mayor's court finds that a person who is found 675
guilty of an offense is unable to pay costs, the court may order 676
the offender to perform community service in lieu of costs.677

       (2) Notwithstanding any other provision of the Revised Code, 678
if at the time of sentencing or at any time after sentencing a 679
mayor's court finds that a person who is found guilty of an 680
offense will not be able to pay costs in full when they are due, 681
the court may order the offender to pay the costs in installments 682
according to a schedule set by the court. 683

       (B) If a person is charged with an offense in mayor's court 684
and either fails to appear in court at the required time and place 685
to answer the charge or pleads guilty to or is found guilty of the 686
offense and fails within the time allowed by the court to pay any 687
fine or costs imposed by the court, the court shall send the 688
person a notice by ordinary mail at the person's last known 689
address stating that there is a balance due, specifying the amount 690
of the balance due, and directing the person to contact the court 691
clerk's office within ten days of the date of the notice. The 692
notice shall include the sentence: "WARNING: Failure to timely 693
respond to this notice may result in the blocking of your motor 694
vehicle registration or transfer of registration!" To avoid a 695
block on the person's motor vehicle registration or transfer of 696
registration, the person may enter into a written agreement with 697
the court to pay the balance due in installments or to perform 698
community service in lieu of payment. The agreement shall include 699
the sentence: "WARNING: Failure to comply with the payment 700
schedule or to complete your community service requirement may 701
result in the blocking of your motor vehicle registration or 702
transfer of registration!"703

       If a person does not enter into an agreement under this 704
division or if a person fails to comply with an agreement entered 705
into under this division, the court may enter information relative 706
to the person's failure to pay any outstanding amount of the fine 707
or costs on a form prescribed or approved by the registrar 708
pursuant to division (C) of this section and send the form to the 709
registrar. Upon receipt of the form, the registrar shall take any 710
measures necessary to ensure that neither the registrar nor any 711
deputy registrar accepts any application for the registration or 712
transfer of registration of any motor vehicle owned or leased by 713
the person. However, for a motor vehicle leased by the person, the 714
registrar shall not implement this requirement until the registrar 715
adopts procedures for that implementation under section 4503.39 of 716
the Revised Code.717

       The period of denial relating to the issuance or transfer of 718
a certificate of registration for a motor vehicle imposed under 719
this section remains in effect until the person pays any fine or 720
costs imposed by the court relative to the offense. When the fine 721
or costs have been paid in full, the court shall inform the 722
registrar of the payment by entering information relative to the 723
payment on a notice of payment form prescribed or approved by the 724
registrar pursuant to division (C) of this section and sending the 725
form to the registrar. 726

       (C) The registrar shall prescribe and make available to 727
mayor's courts forms to be used for a notice to the registrar of 728
failure to pay fines or costs and a notice to the registrar of 729
payment of fines or costs under division (B) of this section. The 730
registrar may approve the use of other forms for these purposes.731

       The registrar may require that any of the forms prescribed or 732
approved pursuant to this section be transmitted to the registrar 733
electronically. If the registrar requires electronic transmission, 734
the registrar shall not be required to give effect to any form 735
that is not transmitted electronically.736

       Sec. 1907.20.  (A) The clerk of courts shall be the clerk of 737
the county court, except that the board of county commissioners, 738
with the concurrence of the county court judges, may appoint a 739
clerk for each county court judge, who shall serve at the pleasure 740
of the board and shall receive compensation as set by the board, 741
payable in semimonthly installments from the treasury of the 742
county. An appointed clerk, before entering upon the duties of the 743
office, shall give bond of not less than five thousand dollars, as 744
determined by the board of county commissioners, conditioned upon 745
the faithful performance of the clerk's duties.746

       The clerks of courts of common pleas, when acting as the 747
clerks of county courts, and upon assuming their county court 748
duties, shall receive compensation at one-fourth the rate 749
prescribed for the clerks of courts of common pleas as determined 750
in accordance with the population of the county and the rates set 751
forth in sections 325.08 and 325.18 of the Revised Code. This 752
compensation shall be paid from the county treasury in semimonthly 753
installments and is in addition to the annual compensation 754
received for the performance of the duties of the clerk of a court 755
of common pleas as provided in sections 325.08 and 325.18 of the 756
Revised Code.757

       (B) The clerk of a county court shall have general powers to 758
administer oaths, take affidavits, and issue executions upon any 759
judgment rendered in the county court, including a judgment for 760
unpaid costs, power to issue and sign all writs, process, 761
subpoenas, and papers issuing out of the court, and to attach the 762
seal of the court to them, and power to approve all bonds, 763
sureties, recognizances, and undertakings fixed by any judge of 764
the court or by law. The clerk shall file and safely keep all 765
journals, records, books, and papers belonging or appertaining to 766
the court, record its proceedings, perform all other duties that 767
the judges of the court may prescribe, and keep a book showing all 768
receipts and disbursements, which shall be open for public 769
inspection at all times. The clerk may refuse to accept for filing 770
any pleading or paper submitted for filing by a person who has 771
been found to be a vexatious litigator under section 2323.52 of 772
the Revised Code and who has failed to obtain leave to proceed 773
under that section.774

       The clerk shall prepare and maintain a general index, a 775
docket as prescribed by the court, which shall be furnished by the 776
board of county commissioners, and such other records as the 777
court, by rule, requires, all of which shall be the public records 778
of the court. In the docket, the clerk shall enter at times of the 779
commencement of an action, the names of the parties in full, the 780
names of the counsel, and the nature of the proceedings. Under 781
proper dates, the clerk shall note the filing of the complaint, 782
issuing of summons or other process, returns, and pleadings 783
subsequent thereto. The clerk also shall enter all reports, 784
verdicts, orders, judgments, and proceedings of the court, clearly 785
specifying the relief granted or orders made in each action. The 786
court may order an extended record of any of the above to be made 787
and entered, under the proper action heading, upon the docket at 788
the request of any party to the case, the expense of which may be 789
taxed as costs in the case or may be required to be prepaid by the 790
party demanding the extended record, upon order of the court.791

       (C) The clerk of a county court shall receive and collect all 792
costs, fees, fines, penalties, bail, and other moneys payable to 793
the office or to any officer of the court and issue receipts 794
therefor, and shall eachon or before the twentieth day of the795
month following the month in which they are collected disburse the 796
costs, fees, fines, penalties, bail, and other moneys to the 797
proper persons or officers and take receipts therefor. Subject to 798
sections 307.515, 4511.19, 4511.193, and 5503.04 of the Revised 799
Code and all other statutes that require a different distribution 800
of fines, fines received for violations of municipal ordinances 801
shall be paid into the treasury of the municipal corporation whose 802
ordinance was violated, fines received for violations of township 803
resolutions adopted pursuant to section 503.52 or 503.53 or 804
Chapter 504. of the Revised Code shall be paid into the treasury 805
of the township whose resolution was violated, and fines collected 806
for the violation of state laws shall be paid into the county 807
treasury. Moneys deposited as security for costs shall be retained 808
pending the litigation.809

       The clerk shall keep a separate account of all receipts and 810
disbursements in civil and criminal cases. The separate account 811
shall be a permanent public record of the office. On the 812
expiration of a clerk's term, those records shall be delivered to 813
the clerk's successor.814

       The clerk shall have such other powers and duties as are 815
prescribed by rule or order of the court.816

       (D) All moneys paid into a county court shall be noted on the 817
record of the case in which they are paid and shall be deposited 818
in a state or national bank selected by the clerk. On the first 819
Monday in January of each year, the clerk shall make a list of the 820
titles of all cases in the county court that were finally 821
determined more than one year past in which there remains 822
unclaimed in the possession of the clerk any funds, or any part of 823
a deposit for security of costs not consumed by the costs in the 824
case. The clerk shall give notice of the moneys to the parties 825
entitled to them or to their attorneys of record. All the moneys 826
remaining unclaimed on the first day of April of each year shall 827
be paid by the clerk to the county treasurer. Any part of the 828
moneys shall be paid by the county treasurer at any time to the 829
person having the right to them, upon proper certification of the 830
clerk.831

       (E)(1) In county court districts having appointed clerks, 832
deputy clerks may be appointed by the board of county 833
commissioners. Clerks and deputy clerks shall receive such 834
compensation payable in semimonthly installments out of the county 835
treasury as the board may prescribe. Each deputy clerk shall take 836
an oath of office before entering upon the duties of the deputy 837
clerk's office and, when so qualified, may perform the duties 838
appertaining to the office of the clerk. The clerk may require any 839
of the deputy clerks to give bond of not less than three thousand 840
dollars, conditioned for the faithful performance of the deputy 841
clerk's duties.842

       (2) A clerk of courts acting as clerk of the county court may 843
appoint deputy clerks to perform the duties pertaining to the 844
office of clerk of the county court. Each deputy clerk shall take 845
an oath of office before entering upon the deputy clerk's duties, 846
and the clerk of courts may require the deputy clerk to give bond 847
of not less than three thousand dollars, conditioned for the 848
faithful performance of the deputy clerk's duties.849

       (3) The clerk or a deputy clerk of a county court shall be in 850
attendance at all sessions of the court, although not necessarily 851
in the courtroom, and may administer oaths to witnesses and jurors 852
and receive verdicts.853

       (F)(1) In county court districts having appointed clerks, the 854
board of county commissioners may order the establishment of one 855
or more branch offices of the clerk and, with the concurrence of 856
the county judges, may appoint a special deputy clerk to 857
administer each branch office. Each special deputy clerk shall 858
take an oath of office before entering upon the duties of the 859
deputy clerk's office and, when so qualified, may perform any one 860
or more of the duties appertaining to the office of clerk, as the 861
board prescribes. Special deputy clerks shall receive such 862
compensation payable in semimonthly installments out of the county 863
treasury as the board may prescribe. The board may require any of 864
the special deputy clerks to give bond of not less than three 865
thousand dollars, conditioned for the faithful performance of the 866
deputy clerk's duties.867

       The board of county commissioners may authorize the clerk of 868
the county court to operate one or more branch offices, to divide 869
the clerk's time between the offices, and to perform duties 870
appertaining to the office of clerk in locations that the board 871
prescribes.872

       (2) A clerk of courts acting as clerk of the county court may 873
establish one or more branch offices for the clerk's duties as 874
clerk of the county court and, with the concurrence of the county 875
court judges, may appoint a special deputy clerk to administer 876
each branch office. Each special deputy clerk shall take an oath 877
of office before entering upon the deputy clerk's duties and, when 878
so qualified, may perform any of the duties pertaining to the 879
office of clerk, as the clerk of courts prescribes. The clerk of 880
courts may require any of the special deputy clerks to give bond 881
of not less than three thousand dollars, conditioned for the 882
faithful performance of the deputy clerk's duties.883

       (G) The clerk of courts of the county shall fix the 884
compensation of deputy clerks and special deputy clerks appointed 885
by the clerk pursuant to this section. Those personnel shall be 886
paid and be subject to the same requirements as other employees of 887
the clerk under the provisions of section 325.17 of the Revised 888
Code insofar as that section is applicable.889

       Sec. 1907.25.  (A)(1) Notwithstanding any other provision of 890
the Revised Code, if at the time of sentencing or at any time 891
after sentencing a county court finds that a person who is found 892
guilty of an offense is unable to pay costs, the court may order 893
the offender to perform community service in lieu of costs.894

       (2) Notwithstanding any other provision of the Revised Code, 895
if at the time of sentencing or at any time after sentencing a 896
county court finds that a person who is found guilty of an offense 897
will not be able to pay costs in full when they are due, the court 898
may order the offender to pay the costs in installments according 899
to a schedule set by the court. 900

        (B) If a person is charged with an offense in county court 901
and either fails to appear in court at the required time and place 902
to answer the charge or pleads guilty to or is found guilty of the 903
offense and fails within the time allowed by the court to pay any 904
fine or costs imposed by the court, the court shall send the 905
person a notice by ordinary mail at the person's last known 906
address stating that there is a balance due, specifying the amount 907
of the balance due, and directing the person to contact the court 908
clerk's office within ten days of the date of the notice. The 909
notice shall include the sentence: "WARNING: Failure to timely 910
respond to this notice may result in the blocking of your motor 911
vehicle registration or transfer of registration!" To avoid a 912
block on the person's motor vehicle registration or transfer of 913
registration, the person may enter into a written agreement with 914
the court to pay the balance due in installments or to perform 915
community service in lieu of payment. The agreement shall include 916
the sentence: "WARNING: Failure to comply with the payment 917
schedule or to complete your community service requirement may 918
result in the blocking of your motor vehicle registration or 919
transfer of registration!"920

       If a person does not enter into an agreement under this 921
division or if a person fails to comply with an agreement entered 922
into under this division, the court may enter information relative 923
to the person's failure to pay any outstanding amount of the fine 924
or costs on a form prescribed or approved by the registrar 925
pursuant to division (C) of this section and send the form to the 926
registrar. Upon receipt of the form, the registrar shall take any 927
measures necessary to ensure that neither the registrar nor any 928
deputy registrar accepts any application for the registration or 929
transfer of registration of any motor vehicle owned or leased by 930
the person. However, for a motor vehicle leased by the person, the 931
registrar shall not implement this requirement until the registrar 932
adopts procedures for that implementation under section 4503.39 of 933
the Revised Code.934

       The period of denial relating to the issuance or transfer of 935
a certificate of registration for a motor vehicle imposed under 936
this section remains in effect until the person pays any fine or 937
costs imposed by the court relative to the offense. When the fine 938
or costs have been paid in full, the court shall inform the 939
registrar of the payment by entering information relative to the 940
payment on a notice of payment form prescribed or approved by the 941
registrar pursuant to division (C) of this section and sending the 942
form to the registrar. 943

       (C) The registrar shall prescribe and make available to 944
county courts forms to be used for a notice to the registrar of 945
failure to pay fines or costs and a notice to the registrar of 946
payment of fines or costs under division (B) of this section. The 947
registrar may approve the use of other forms for these purposes.948

       The registrar may require that any of the forms prescribed or 949
approved pursuant to this section be transmitted to the registrar 950
electronically. If the registrar requires electronic transmission, 951
the registrar shall not be required to give effect to any form 952
that is not transmitted electronically.953

       Sec. 1907.26.  Judges of a county court shall not retain any 954
of the costs or fees specified in the schedules adopted pursuant 955
to section 1907.24 of the Revised Code nor shall they retain a fee 956
for performing a marriage ceremony. Those costs and fees that 957
cannot be retained shall be transmitted to the general fund of the 958
county on or before the first businesstwentieth day of eachthe959
month following the month in which they are collected.960

       Sec. 1907.261.  (A)(1) A county court may determine that for 961
the efficient operation of the court additional funds are required 962
to computerize the court, to make available computerized legal 963
research services, or to do both. Upon making a determination that 964
additional funds are required for either or both of those 965
purposes, the court shall include in its schedule of fees and 966
costs under section 1907.24 of the Revised Code one additional fee 967
not to exceed three dollars on the filing of each cause of action 968
or appeal equivalent to one described in division (A), (Q), or (U) 969
of section 2303.20 of the Revised Code and shall direct the clerk 970
of the court to charge the fee.971

       (2) All fees collected under this section shall be paid on or 972
before the twentieth day of the month following the month in which 973
they are collected to the county treasurer. The treasurer shall 974
place the funds from the fees in a separate fund to be disbursed 975
either upon an order of the court, subject to an appropriation by 976
the board of county commissioners, or upon an order of the court, 977
subject to the court making an annual report available to the 978
public listing the use of all such funds, in an amount not greater 979
than the actual cost to the court of computerizing the court, 980
procuring and maintaining computerized legal research services, or 981
both.982

       (3) If the court determines that the funds in the fund 983
described in division (A)(2) of this section are more than 984
sufficient to satisfy the purpose for which the additional fee 985
described in division (A)(1) of this section was imposed, the 986
court may declare a surplus in the fund and, subject to an 987
appropriation by the board of county commissioners, expend those 988
surplus funds, or upon an order of the court, subject to the court 989
making an annual report available to the public listing the use of 990
all such funds, expend those surplus funds, for other appropriate 991
technological expenses of the court.992

       (B)(1) A county court may determine that, for the efficient 993
operation of the court, additional funds are required to 994
computerize the office of the clerk of the court and, upon that 995
determination, may include in its schedule of fees and costs under 996
section 1907.24 of the Revised Code an additional fee not to 997
exceed ten dollars on the filing of each cause of action or 998
appeal, on the filing, docketing, and endorsing of each 999
certificate of judgment, or on the docketing and indexing of each 1000
aid in execution or petition to vacate, revive, or modify a 1001
judgment that is equivalent to one described in division (A), (P), 1002
(Q), (T), or (U) of section 2303.20 of the Revised Code. Subject 1003
to division (B)(2) of this section, all moneys collected under 1004
division (B)(1) of this section shall be paid on or before the 1005
twentieth day of the month following the month in which they are 1006
collected to the county treasurer. The treasurer shall place the 1007
funds from the fees in a separate fund to be disbursed, upon an 1008
order of the county court and subject to an appropriation by the 1009
board of county commissioners, in an amount no greater than the 1010
actual cost to the court of procuring and maintaining computer 1011
systems for the office of the clerk of the county court.1012

       (2) If a county court makes the determination described in 1013
division (B)(1) of this section, the board of county commissioners 1014
of that county may issue one or more general obligation bonds for 1015
the purpose of procuring and maintaining the computer systems for 1016
the office of the clerk of the county court. In addition to the 1017
purposes stated in division (B)(1) of this section for which the 1018
moneys collected under that division may be expended, the moneys 1019
additionally may be expended to pay debt charges and financing 1020
costs related to any general obligation bonds issued pursuant to 1021
division (B)(2) of this section as they become due. General 1022
obligation bonds issued pursuant to division (B)(2) of this 1023
section are Chapter 133. securities.1024

       Sec. 2947.09.  (A) If a person is charged with an offense in 1025
a court of common pleas and either fails to appear in court at the 1026
required time and place to answer the charge or pleads guilty to 1027
or is found guilty of the offense and fails within the time 1028
allowed by the court to pay any fine or costs imposed by the 1029
court, the court shall send the person a notice by ordinary mail 1030
at the person's last known address stating that there is a balance 1031
due, specifying the amount of the balance due, and directing the 1032
person to contact the court clerk's office within ten days of the 1033
date of the notice. The notice shall include the sentence: 1034
"WARNING: Failure to timely respond to this notice may result in 1035
the blocking of your motor vehicle registration or transfer of 1036
registration!" To avoid a block on the person's motor vehicle 1037
registration or transfer of registration, the person may enter 1038
into a written agreement with the court to pay the balance due in 1039
installments or to perform community service in lieu of payment. 1040
The agreement shall include the sentence: "WARNING: Failure to 1041
comply with the payment schedule or to complete your community 1042
service requirement may result in the blocking of your motor 1043
vehicle registration or transfer of registration!" 1044

       If a person does not enter into an agreement under this 1045
division or if a person fails to comply with an agreement entered 1046
into under this division, the court may enter information relative 1047
to the person's failure to pay any outstanding amount of the fine 1048
or costs on a form prescribed or approved by the registrar 1049
pursuant to division (B) of this section and send the form to the 1050
registrar. Upon receipt of the form, the registrar shall take any 1051
measures necessary to ensure that neither the registrar nor any 1052
deputy registrar accepts any application for the registration or 1053
transfer of registration of any motor vehicle owned or leased by 1054
the person. However, for a motor vehicle leased by the person, the 1055
registrar shall not implement this requirement until the registrar 1056
adopts procedures for that implementation under section 4503.39 of 1057
the Revised Code.1058

       The period of denial relating to the issuance or transfer of 1059
a certificate of registration for a motor vehicle imposed under 1060
this section remains in effect until the person pays any fine or 1061
costs imposed by the court relative to the offense. When the fine 1062
or costs have been paid in full, the court shall inform the 1063
registrar of the payment by entering information relative to the 1064
payment on a notice of payment form prescribed or approved by the 1065
registrar pursuant to division (B) of this section and sending the 1066
form to the registrar.1067

       (B) The registrar shall prescribe and make available to 1068
courts of common pleas forms to be used for a notice to the 1069
registrar of failure to pay fines or costs and a notice to the 1070
registrar of payment of fines or costs under division (A) of this 1071
section. The registrar may approve the use of other forms for 1072
these purposes.1073

       The registrar may require that any of the forms prescribed or 1074
approved pursuant to this section be transmitted to the registrar 1075
electronically. If the registrar requires electronic transmission, 1076
the registrar shall not be required to give effect to any form 1077
that is not transmitted electronically.1078

       Sec. 4503.39.  With regard to a motor vehicle leased by or in 1079
the name of a person named in a suspension order or who is 1080
precluded from registering or transferring registration of a motor 1081
vehicle because of a failure to pay a fine or court costs, the 1082
registrar of motor vehicles shall adopt procedures as indicated in 1083
division (B) of section 1901.44, division (B) of section 1905.202, 1084
division (B) of section 1907.25, division (D) of section 2935.27, 1085
division (A) of section 2937.221, division (A) of section 2947.09,1086
and division (B) of section 4510.22 of the Revised Code. The 1087
procedures shall prescribe the information and methodology 1088
necessary to implement those divisions.1089

       Section 2.  That existing sections 1901.261, 1901.31, 1090
1907.20, 1907.26, 1907.261, and 4503.39 of the Revised Code are 1091
hereby repealed.1092

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