Bill Text: OH HB303 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To authorize the Attorney General to dissolve a mayor's court that is operating in violation of statutory population, training, or registration requirements.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2009-10-06 - To Judiciary [HB303 Detail]

Download: Ohio-2009-HB303-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 303

Representative Dyer 

Cosponsors: Representatives Letson, Koziura, Murray, Boyd, Luckie 

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A BILL

To enact section 1905.06 of the Revised Code to

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authorize the Attorney General to dissolve a

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mayor's court that is operating in violation of

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statutory population, training, or registration

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requirements.

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

Section 1. That section 1905.06 of the Revised Code be	6
enacted to read as follows:	7

Sec. 1905.06.  (A) The attorney general may serve a notice of	8
noncompliance on the mayor of a municipal corporation that has a	9
mayor's court if the municipal corporation does not have a	10
population of more than one hundred according to the most recent	11
federal decennial census, the mayor or magistrate of the mayor's	12
court has not complied with the training and education	13
requirements of section 1901.031 of the Revised Code, or the mayor	14
has not registered with the supreme court as required by section	15
1901.033 of the Revised Code. The notice shall state that the	16
mayor's court is being conducted in violation of the law, shall	17
specify the nature of the violation, and shall advise that the	18
mayor's court will be dissolved if the violation is not rectified	19
within sixty days after receipt of the notice.	20

(B) If a mayor's court that is the subject of a notice served	21
under division (A) of this section continues for more than sixty	22
days after the mayor receives the notice to operate in violation	23
of the law as specified in the notice, the attorney general may	24
dissolve the mayor's court. All causes, executions, and other	25
proceedings pending in the mayor's court at the close of business	26
on the date of dissolution shall be transferred to and proceed in	27
the municipal court or county court having territorial	28
jurisdiction over the municipal corporation as if originally	29
instituted in that court. Parties to those causes, executions, and	30
proceedings may make any amendments to their pleadings that are	31
required to conform them to the rules of transferee court. The	32
clerk or other custodian of the mayor's court shall transfer to	33
the municipal court or county court all pleadings, orders,	34
entries, dockets, bonds, papers, records, books, exhibits, files,	35
money, property, and persons that belong to, are in the possession	36
of, or are subject to the jurisdiction of the mayor's court, or	37
any officer of that court, at the close of business on the date of	38
dissolution and that pertain to those causes, executions, and	39
proceedings.	40

(C) The attorney general shall adopt rules in accordance with	41
Chapter 119. of the Revised Code to implement this section.	42