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Pending Legislation

LEGISLATIVE UP-DATE FOR OHIO MUNICIPAL COURT CLERKS ASSOCIATION



 


 

Legislation Update 3-17-08 from Darryl Dever

 

HB 181 to increase courts costs was put into conference committee last week.  Conference Committee members have yet to be appointed.  We are working to extend the transmission date to that of current law instead of the first day of the following month.  I am confident we will be successful on that issue.  Still in question are the exact amounts of increases in costs and the effective date of the bill.  Currently there is an emergency clause in the bill which would make the law effective upon the Governor’s signature; we are arguing for more lead time.  I’ll keep you informed.

 

LEGISLATIVE REPORT

OCTOBER, 2007

 

Prepared by: Darryl Dever

Report created on October 30, 2007

 

 

HB108

DRUG LAW ENFORCEMENT FUND (PATTON, T) Require additional court cost of $5.00 for moving violations--fund drug law enforcement task forces.

 

Current Status:   

4/26/2007 - House Criminal Justice, (Second Hearing)

 

Comments:   

This bill will not be receiving additional consideration until the Supreme Court completes the study on court costs. This Study was to be completed by now, but has been delayed.

 

   

HB151

FOREIGN COMPANY INVESTMENTS (MANDEL, J) Prohibit public investor from investing in foreign company with ties to Iran.

 

Current Status:   

6/13/2007 - Re-Referred to Committee

 

Comments:   

Very controversial because of the potential financial impact on the investment returns and financial solvency to the retirement systems. The bill was amended to impact Iran and Sudan and the companies which investments would be banned have been greatly reduced to energy related foreign companies. The retirement systems still oppose the bill.

The bill was passed by Committee, but was not put on the floor of the House. The leadership has asked the retirement systems to develop a policy voluntarily by the end of the year. The threat is there to pass a bill in the House should the systems not comply.

 

   

HB154

MAYOR'S COURTS (WOLPERT, L) To abolish mayor's courts and to create community courts and to modify the compensation of certain municipal court judges.

 

Current Status:   

6/13/2007 - 6/13/2007 - House Judiciary, (Fourth Hearing)

 

Comments:   

A substitute bill is currently being drafted to address some of the concerns raised by the mayors, the municipal league, clerks and other interested parties. Many of the issues will be addressed in the substitute bill which should be available in the near future, however there will still be major issues such as minimum population, appointment of magistrates and appointment of clerks. While there is a great deal of interest on this, there is not a consensus among the legislators. The bill has had a couple of hearings and will undergo more changes. Once the issues are resolved, I expect the bill to get a vote in 2008.

 

   

HB172

SEALING OFFICIAL COURT RECORDS (WILLIAMS, S) Require the sealing of the official records of a person who is found not guilty of an offense.

 

Current Status:   

4/25/2007 - Referred to Criminal Justice Committee

 

Comments:   

This bill does not require an automatic sealing of records, which was [proposed last session. The bill does provide that a party may appeal to the court for the sealing of records.

 

   

HB173

JUDGES (SEITZ, B) To increase compensation for justices and judges and to change qualifications for all judges.

 

Current Status:   

10/3/2007 - 10/3/2007 - House Judiciary, (Sixth Hearing)

 

Comments:   

This bill is a priority measure for the Chief Justice Moyer, but did not get committee approval before the summer recess. There are still issues surrounding the pay raise portion. There may be a substitute bill this week on the measure.

 

   

HB307

COURT COSTS-TRAFFIC LAWS (WILLIAMS, S) Establish procedure allowing courts to apply for money from the Financial Responsibility ComplianceFund to cover costs incurred by the courts in connection with enforcement of traffic laws.

 

Current Status:   

10/3/2007 - 10/3/2007 - House Infrastructure, Homeland Security and Veterans Affairs, (First Hearing)

 

Comments:   

This bill was recently introduced and would allow the court to apply for grants from the Financial Responsibility Compliance Fund. Currently only BMV can use monies from this fund.

 

   

SB161

INVESTMENTS-SUDAN (JACOBSON, J) Specify procedures for divesting investments a public authority holds in a company conducting specified types of business in Sudan.

 

Current Status:   

5/8/2007 - Referred to Finance and Financial Institutions Committee

 

Comments:   

Similar measure as HB 151 with the same outlook.

 

   

SB197

SEALED RECORDS (SMITH, S) Modify the list of offenses the official records of which may not be sealed.

 

Current Status:   

10/2/2007 - Referred to Judiciary - Criminal Justice Committee

 

Comments:   

Just introduced in July, and is similar to a proposal last session when Sen. Smith served in the House. However, the major distinction between the bill last session and SB 197 is under this proposal the defendant must file as application with the court, instead of the Clerk automatically sealing records. Obviously, our objections last session made an impact.

May get some hearings in the fall.

 

   

SB209

OVI FINES (CAREY, JR., J) Specified amount of OVI fines be credited to the State Public Defender for indigent criminal defense, permit deputy registrars to impose a cost for processing titles.

 

Current Status:   

10/23/2007 - REPORTED OUT AS AMENDED

 

Comments:   

This bill will add $125 to the fines for OMVI with the additional monies going to the Public Defenders Office for Indigient Criminal Defense. The bill was recently introduced, but appears to be moving fast in the Senate with a possible vote this week.

 

   

 

actionTRACK - Rotunda, Inc.

 

 

July, 2007

 HB108 – DRUG LAW ENFORCMENT FUND (PATTON, T) To require a court to impose an additional court cost of five dollars for a moving violation to fund grants to local Division of Criminal Justice Services of the Department of Public Safety, and to create the Drug Law Enforcement Fund Advisory Committee to make funding recommendations to the Division

Current Status: 4/26/2007 – House Criminal Justice, (Second Hearing)

Comments: This bill will not be receiving additional consideration until the Supreme Court completes the study on court costs.  This Study was to be completed by now, but has been delayed

 

HB151 – FOREIGN COMPANY INVESTMENTS (MANDEL, J) To prohibit investor or any asset manager investing on behalf of any public investor from investing in a foreign company with active business ties or operation in or with the Islamic

Republic of Iran or the Sudan and to require that any existing investments in such  companies be divested in order to protect the public investments of the State of Ohio from global security risk-related losses.

Current status: 6/13/2007 – Re-Referred to Committee

Comments: Very controversial because of the potential financial impact on the investment returns and financial solvency to the retirement systems.  The bill was amended to impact Iran and Sudan and the companies which investments would be banned have been greatly reduced to energy related foreign companies.  The retirement systems still oppose the bill.

 

HB154- MAYOR’S COURTS (WOLPERT, L) To abolish mayor’s courts and to create community courts and to modify the compensation of the municipal court judges in territories having a population more than 50,000.

Current status: 6/13/2007 – 6/13/2007 House Judiciary, (Fourth Hearing)

Comments: A substitute bill is currently being drafted to address some of the concerns raised by the mayors, the municipal league, clerks and other interested parties.  Many of the issues will be addressed in the substitute bill which should be available in the near future; however there will still be major issues such as minimum population, appointment of magistrates and appointment of clerks.  While there is a great deal of interest on this, there is not a consensus among the legislators.  The bill had has a couple of hearings and will undergo more changes.  Once the issues are resolved, I expect the bill to get a vote in 2008.

 

HB172 SEALING OFFICAL COURT RECORDS (WILLIAMS, S) To require the sealing of the official records of a person who is found not guilty of an offense, to modify the procedure by which a person who is the defendant will name in a dismissed complaint, indictment, or information or against whom a no bill is entered by a grand jury may apply for the sealing of the official records in the case, and allow access to sealed records by parties to civil actions that are based on the conduct that gave rise to the criminal case the records of which were sealed.

Current status: 4/25/2007 – referred to Criminal Justice Committee

Comments: This bill does not require an automatic sealing of records, which was proposed last session. The bill does provide that a party may appeal to the court for sealing of records.

 

HB173 JUDGES (SEITZ, B) To increase the compensation of justices and judges of the courts, to change the qualifications of all judges, to require the Supreme Court to establish a qualification program for candidates for judicial office, to create the Judicial Allotment Review Commission to study and review the allotment of judgeships in the courts for the purpose of recommending legislation to ensure the efficient and prompt administration of justice in Ohio, to create the judicial Appointment Review Commission to make recommendations of persons to fill judicial vacancies, to specify that a portion of certain court costs currently deposited to the credit of the Reparations Fund be deposited in the fund for court security, and to make appropriations for court-related purposes. 

 

SB161 INVESTMENTS-SUDAN (JACONSON, J) To specify procedures for divesting investments a public authority holds in a company conducting specified types of business in Sudan and to prohibit authorities from investing in such a company. 

Current status: 5/8/2007 – Referred to Finance and Financial Institutions Committee

Comments: Similar measure as HB 151 with the same outlook.

 

SB197 SEALED RECORDS (SMITH, S) To modify the list of offenses the official records of which may not be sealed; to require a court to inform a defendant before accepting a guilty plea and before sentencing of the circumstances under which the official records in the case may be sealed; to require the sealing of the official records of a person who is found not guilty of an offense, who is the defendant named in a dismissed complaint, indictment, or information, or against whom a no bill is entered by a grand jury to prohibit the release by private individuals or entities of information contained in sealed official records; and to permit certain offenders who are not at first offenders to apply for an order sealing their official records.

Current status: 7/2/2007 – Introduced

Comments: Just introduced in July, and is similar to a proposal last session when Sen. Smith served in the House.  However, the major distinction between the bill last session and SB 197 is under this proposal the defendant must file as application with the court, instead of the Clerk automatically sealing records.  Obviously, our objections last session made an impact.

May get some hearings in the fall.


MARCH 18, 2006


Following a lengthy recess, the legislature re-convened briefly in December, and resumed full activity in January 2006.

During this time, HB 226 was passed by both chambers and has been signed by the Governor with an effective date of Feb. 27, 2006. This legislation is permissive, and allows a municipality to recover costs associated with services such as delivery of subpoenas, through court costs. This provides the municipalities the same ability to recover costs that counties have had for a number of years. In order to be effective, the city must officially act to initiate to inclusion of such costs as court costs.

Senate Bill 9, the Homeland Security measure sponsored by Sen. Jeff Jacobson also was finally approved by both chambers was signed by the Governor and becomes effective April 14, 2006. This bill was modified from its original language, and does not require public officials to have prospective vendors complete questionnaires about supporting terrorist activities. Instead, vendors who receive contracts for goods or services greater than $100,000 would be required to verify they do not support terrorist organizations prior to entering into a contract. The Department of Homeland Security is responsible to creating the questionnaire.

HB 214, which would require that complaints could only be filed with the court or prosecuting attorney has passed both the House and Senate and will be signed by the Governor in the near future. Prior to passage in the House, we amended the bill to still allow for complaints to be filed with the Clerk after normal business hours. The complaints would then go to the duty judge the next business day to determine probable cause. This amendment was as a result of a directive of the Board to insure citizen access to the judicial process.

House Bill 9, the public records revision proposal sponsored by Rep. Scott Oelslager has passed the House and is pending in the Senate. The bill has had a number of changes since introduction and the new version as passed by the House is attached for your review.

House Bill 56, which would regulate the use of red light cameras for issuing tickets, has passed the House but remains in the Senate Highways and Transportation Committee. A substitute bill was accepted by the committee with language requiring that the collection of fines be within the jurisdiction of the Clerk's office. This again, was an amendment directed by the Board. There remains a great deal of controversy over many provisions, and the bill remains in Committee.

HB 249 and HB 317 are proposals that would both require automatic sealing of records in certain circumstances. We have been in contact with both sponsors and the House Judiciary Chairman John Williamowski object to any language automatically requiring the Clerk to seal records. Should either bill begin to move in the Committee, I feel confident that any action to seal records will still require a motion to be filed, thus eliminating any automatic requirements placed on the Clerk.

HB 456, sponsored by Rep. Jon Peterson, has had one hearing in the House Judiciary Committee. The bill provides that Municipal Court Clerks may retain a 5% poundage fee for collecting any court cost established by the legislature. This would not increase the current cost, but provides that we retain our 5% from the established fee.

The legislature is scheduled to be in full working mode through April. Following the primary election, I expect a couple of weeks of activities before the recess from full sessions. Committee work may still continue into the summer months.

Click here to see a copy of SUB HB 9.


SEPTEMBER 21, 2005


  • Section 2919.251 was amended, effective August 26, 2005. It requires that a person charged with committing an offense of violence against a family or household member appear before the court for the setting of bail if: (1) the court is required under existing law to consider specified factors in setting bail for the person, or (2) the arresting officer indicates in a document accompanying the complaint one of several specified circumstances.

    Requires that a court consider certain enumerated factors in setting bail for a person who is charged with committing an offense of violence against a family or household member and who is required under the act to appear before the court for the setting of bail.

    Authorizes the court to permit a person who is charged with committing an offense of violence against a family or household member and who is required under the act to appear before the court for the setting of bail to appear by video conferencing equipment.

    Authorizes the court to waive the appearance, otherwise required under the act, for the setting of bail of a person who is charged with committing a misdemeanor offense of violence against a family or household member and to set bail in accordance with specified criteria.
    http://www.legislature.state.oh.us/bills.cfm?ID=126_HB_29


  • The Indigent Application Fee established by House Bill 66, the budget bill, takes effect on September 29, 2005. The Ohio Public Defender has forms and a guideline on their website.
    www.opd.ohio.gov


  • Also effective September 29, 2005, ORC 1901.26 was amended to increase filing fees in civil actions from $15 to $26, and in small claims court, the civil action filing fee is raised from $7 to $11. The money would be earmarked for legal aid, and must be submitted to the State Treasurer by the 20th day of the month.
    1901.26

  • The Supreme Court ruled on August 31, 2005 that a non-lawyer officer or salaried employee of a limited liability company (LLC) does not engage in the unauthorized practice of law by completing or filing documents on behalf of the company in a small claims court, or by appearing on behalf of the company at small claims court hearings, provided that a non-attorney does not engage in cross examination, argument or other acts of advocacy.
    Case Summary from Supreme Court Webpage
    Decision


  • Effective October 21, 2005, Section 2933.24 of the Revised Code specifies that a search warrant must be returned promptly.
    http://www.legislature.state.oh.us/bills.cfm?ID=126_HB_34


    APRIL 18, 2005


    The state budget bill, HB 66, was passed by the House April 12, 2005, and contains a couple of items relative to municipal court clerks.

    First of all, ORC 1901.26 was amended to increase filing fees in civil actions from $15 to $25, and in small claims court, the civil action filing fee is raised from $7 to $10. The money would be earmarked for legal aid, and must be submitted to the State Treasurer by the 20th day of the month.

    Secondly, language was deleted from current law which allowed the Clerk of the Medina Municipal Court to be appointed, regardless of population. Therefore, the Clerk in Medina will now be elected since the population in the court jurisdiction is greater than 100,000.

    The language is in the budget bill, which become effective July 1. HOWEVER, in many instances, they make specific effective dates for various sections, and this may be one of those instances. I will be better able to give you a start date in the next few weeks.


    MARCH 10, 2005

    HB 16 was the capital appropriations bill which was loaded up to change many sections of law. The bill is 319 pages. The change which effects us is 2716.11 section (B) which reads as follows:

    Sec. 2716.11.
    A proceeding for garnishment of property, other than personal earnings, may be commenced after a judgment has been obtained by a judgment creditor by the filing of an affidavit in writing made by the judgment creditor or the judgment creditor's attorney setting forth all of the following:

    (A) The name of the judgment debtor whose property, other than personal earnings, the judgment creditor seeks to garnish;

    (B) That the affiant has good reason a reasonable basis to believe and does believe that the person named in the affidavit as the garnishee may have property, other than personal earnings, of the judgment debtor that is not exempt under the law of this state or the United States;

    (C) A description of the property.

    Also, in Darrel Devers reading of the bill, this change is not effective until the 91st day after it has been filed with the Secretary of State. He is basing this on section 43.01 of the bill (lines 9203 through 9215). That would make this change effective May 5, 2005.

    There are some portions of the bill which are effective immediately, but they are specifically identified by Section number, and 2716.11 is not referenced in those particular sections, thus making it fall under 43.01.

    [Eff. Date Note: Sections 38.01 and 40.01 effective 02/03/05; Sections 39.02, 39.03 and 39.04 effective 07/01/05; Sections 2.01 and 2.02 effective 08/01/05; certain provisions effective 02/03/05 and 07/01/05]

    This Bill can be read at: http://www.legislature.state.oh.us/BillText126/126_HB_16_EN_N.html


    JANUARY 14, 2005

    House Bill 30 was signed December 22, 2004. The bill goes into effect 90 days after it is signed by the Governor and filed with the Secretary of State.

    The Bill can be read at http://www.legislature.state.oh.us/bills.cfm?ID=125_HB_0030

    Highlights of the bill:

    PARKING TICKETS

    -- to permit a local authority to consider for purposes of the Local Noncriminal Parking Law a fine of $250 to $500 for a violation of an ordinance, resolution, or regulation that regulates the standing or parking of a vehicle in a disability parking space, to provide that if a person fails to pay a fine for such a violation that person may not be permitted to register a motor vehicle in that person's name

    RECORD RETENTION

    -- minor misdemeanor cases, including traffic retain for 5 years

    -- other misdemeanor traffic cases retain for 25 years

    -- all other misdemeanors and all felonies retain for 50 years

    Additionally, the law now makes it clear that records can be maintained in a form admissible as evidence or that can READILY be converted or produced in a form admissible as evidence. This establishes that microfilm, for example, is sufficient because a paper copy can be created.



    DECEMBER 6, 2004

    House Bill 30, which will allow registration blocks to be utilized when over $100 of handicapped parking violations are incurred, has passed both the House and Senate. The bill now goes to the Governor, and we anticipate his signature sometime in the next six weeks. The bill will become law 90 days from the date of signature, and we will post the effective date on the web page.

    RECORD RETENTION LAW AMENDED

    We were successful in cleaning up the record retention requirements established earlier in HB 163.

    An amendment was added to HB 30 in the Senate which established the following for record retention:

    -- minor misdemeanor cases, including traffic will revert to prior law

    -- other misdemeanor traffic cases retain for 25 years

    -- all other misdemeanors and all felonies retain for 50 years

    Additionally, the law now makes it clear that records can be maintained in a form admissible as evidence or that can READILY be converted or produced in a for admissible as evidence. This establishes that microfilm, for example, is sufficient because a paper copy can be created.



    SEPTEMBER 2, 2004

    House Bill 230, which becomes effective September 14, 2004 addresses a number of changes within the Department of Public Safety.

    Two such changes of importance to Clerks.

    ORC Section 4505.13, which provides courts to forward a title blocks when an outstanding arrest warrant is issued, provides that BMV will be responsible for collecting the $15 reinstatement fee. Current law provides that the Clerk shall collect such fee.

    Secondly, ORC Section 4503.231 eliminates the provision of law which requires a decal be posted on a vehicle registered out of state when the vehicle is driven by a person with limited driving privileges in Ohio.

    AUGUST 18, 2004
    House Bill 420, sponsored by Rep. Tom Patton, addresses many sections of the law relating to debt adjustments. Contained in the bill was a minor change relative to wage garnishment.

    ORC Section 2716.11 has been modified to as follows:

    A proceeding for garnishment of property, other than personal earnings, may be commenced after a judgment has been obtained by a judgment creditor by the filing of an affidavit in writing made by the judgment creditor or the judgment creditor's attorney setting forth all of the following:

    (A) The name of the judgment debtor whose property, other than personal earnings, the judgment creditor seeks to garnish;

    (B) That the affiant has good reason to believe and does believe that the person named in the affidavit as the garnishee (delete "has") (insert MAY HAVE) property, other than personal earnings, of the judgment debtor that is not exempt under the law of this state or the United States;

    (C) A description of the property.

    This is the only change which may affect clerk's offices, as I understand some offices pre-print such affidavits.

    THE BILL WAS SIGNED ON AUGUST 5 AND WILL BECOME LAW ON NOVEMBER 3, 2004


    JULY 7, 2004

    House Bill 52 was passed as an emergency with an effective date of June 1, 2004. This bill makes several changes of interest to us.

    4510.12 "An offender who never has held a valid driver's or commercial driver's license issued by this state or any other jurisdiction" is a misdemeanor of the first degree.

    4510.021(B) Unless expressly authorized by a section of the Revised Code, a court may not grant limited driving privileges during any suspension imposed by the BMV. To obtain limited driving privileges during a suspension imposed by the BMV, the person under suspension may file a petition in a court of record in the county which the person resides. A person who is not a resident of this state, they may file in Franklin County, or the court located in the county where the offense occured.

  • http://www.legislature.state.oh.us/bills.cfm?ID=125_HB_52

  • The Governor also signed HB 163 last week, June 24, and becomes effective in 90 days (by calculation, that would be September 22.)

    APRIL 22, 2004

    HOUSE BILL 212

    This legislation has been passed by the General Assembly, signed by the Governor and will become law on June 2, 2004.

    The bill modifies the statutory rate of interest to which a creditor is entitled on settlements, verbal contracts, judgments, decrees and orders for payment arising out of tortious conduct or a contract, unless a written contract provides a different rate of interest.

    Current law provides for ten per cent per annum. The new law will require the Tax Commissioner to determine the rate of interest based upon the federal short-term rate, unless a written contract provides for a different rate of interest. The law will also require the Tax Commissioner to notify each county Auditor of the rate of interest as determined.

    The County Auditor, in turn, is required to notify in writing each Clerk of Court (Municipal, County and Common Pleas) of the established rate of interest.

    CLERKS ARE REQUIRED TO POST THE RATE OF INTEREST IN OR NEAR THE CLERK'S OFFICE.

    MARCH 22, 2004

    An oversight recently uncovered at Ohio BMV will result in clerks being required to report to BMV records pertaining to when driving under suspension charges are dismissed or reduced to a different offense. The Revised Code sections are 4510.11 (A), 4510.14 (A) and 4510.16 (A).

    In correspondence from Ohio BMV, dated September 25, 2003, clerks were advised to report dismissals and reductions of operating a vehicle under the influence (OVI) charges, but that clerks should not send in other dismissals if the original charge was not OVI related. This was as a result of SB 123 in the 124th General Assembly.

    Also contained in SB 123 (ORC 4510.032(B) ) was language relating to the driving under suspension provisions, but was not identified in the September letter. Prior to enactment of SB 123, according to BMV, ORC 4507.021(C)(2)(b) contained the same requirements.

    While Courts have not been forwarding such records in the past, it is still the law, and BMV is beginning to develop procedures to receive and record such notifications.

    We expect to be hearing from BMV in the near future on when such a system will be in place. President Karen Goffena reports that she has been informed that ORC 4510.037(J), driving under a 12-point suspension, should have a BMV code of AO and carries 2 points upon conviction. Also, this particular section carries a mandatory minimum 3-day jail sentence as well.

    The BMV has an updated list for codes and points dated February 25, 2004, which has all the new offenses.


    JANUARY 15, 2004

    The Governor signed into law House Bill 49, which allows for an additional $1 court costs on on convictions OTHER THAN MOVING VIOLATIONS, with the $1 being earmarked for support of Crime Notification Programs contracting with the County. THE ADDITIONAL CHARGE IS PERMITTED ONLY WHEN THE COUNTY COMMISSION HAS ENTERED INTO A CONTRACT WITH A CRIME NOTIFICATION PROGRAM.

    The new law is effective April 6, 2004.

    The House sent to the Senate HB 324 which corrects a number of issues from SB 123 last session. Included in the bill is language that changes from "shall" to "may" ORC Section 4507.02 B 1 relative to allowing for driving priviledges without restrictive plates.

    Also contained in the bill is a new language in ORC 4510.12 which creates a penalty section for violators of the law who did not have a license.

    (I have talked with Judge Adkins and in light of the fact that 4510.12 does not deal with penalty for No Operators License and No Motorcycle Endorsement offenses, they should be treated as minor misdemeanor cases until such time as the changes are made to the code.
    The changes can be found in HB 324 - which has passed the House)

    August 25, 2003

    Court Costs: Increases from $11 to $15 the additional costs a court generally is required to impose upon an offender who is convicted or pleads guilty to any offense other than a parking ticket. These monies are used to offset the total costs of the public defender. Effective: September 26, 2003.

    June 25, 2003

    The Ohio General Assembly last week passed the state budget bill, House Bill 95, with two items of impact on the office of Municipal Court Clerks.

    First of all, the bill will increase court costs from $11 to $15 for funding for indigent legal defense funds. I have been told by the Office of Budget and Management that the effective date of the increase will be October 1, 2003.

    Secondly, the bill also changes language which you are required to include on notifications of garnishments on property (not wages). The change is contained in ORC Sections 2715.041, 2715.045 and 2716.13. These changes are identified In lines 20203 through 20766 of the bill. You can access the bill in its entirety at www.gwonger-oh.com and clicking on budget information conference committee report. This also goes into effect October 1, 2003. Following is the language change which you will be required to add to notifications from your office:

    "WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR A REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE CLERK OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT OF IT, YOU WAIVE YOUR RIGHT TO A HEARING AT THIS TIME AND YOU MAY BE REQUIRED TO GIVE UP THE PROPERTY SOUGHT WITHOUT A HEARING."



    March 28, 2003

    House Bill 520, enacted last session, which deals with manufactured housing and removal of property from manufactured housing parks is effective on April 3, 2003, with one exception.

    The exception is Section 3 and 4 (at the end of the legislation) which will become effective on January 1, 2004.

    In my reading of the changes contained in Section 3, the major change is the following: If the home is being moved by a sheriff, police officer, constable, bailiff, or manufactured home park operator, as defined in section 3733.01 of the Revised Code, or any agent of any of these persons, for purposes of removal from a manufactured home park and storage, sale or destruction under section 1923.14 of the Revised Code, the auditor shall issue a relocation notice without requiring payment of any taxes owed on the home under section 4503.06 of the Revised Code.

    Full text of HB 520 is available on line through www.gwonger-oh.com; click on House Information and House Bills enacted in 2001-2002.

    March 7, 2003

    With the General Assembly beginning it's work for a new two year session, a number of proposals of interest are arising.

    First of all in the proposed budget for Fiscal years 2004 and 2005, it is proposed to increase fees for those convicted of moving violations and criminal offenses from $11 to $15. The additional fees would be earmarked to go to the Public Defenders Commission to reimburse counties 33% of the costs of defending indigent defense.

    House Bill 49, sponsored by Rep. Jim Hughes (R-Columbus), would increase court costs $1 for use in supporting citizens awards programs designed to pay for information in criminal cases. The funds would be distributed by County Commissions. The bill was just introduced and has had no hearing to date. Franklin County Municipal Clerk Paul Herbert and Darryl Dever will be meeting with Rep. Hughes to discuss the proposal.

    House Bill 30, sponsored by Rep. Bryan Williams (R-Akron) would provide that handicapped parking violation fines could be increased to $500, and also provide that delinquent handicapped parking fines exceeding $100 would allow the court to put a block on license renewals. This bill was introduced last session as a result of information provided by Akron Municipal Court Clerk Jim Laria. The bill has been referred to the House Transportation and Public Safety Committee.

    House Bill 87 is the Transportation Budget bill, and an effort is underway to add language which will lower the DUI limit from .10 to .08. This would be done to conform to federal requirements. If this change is not made, the state stands to lose millions of dollars in federal highway funding this fall.

    January 9, 2003

    INFORMATION NEEDED - PLEASE RESPOND

    In anticipation of pursuing legislation which would enable courts to improve collection of handicapped parking violations, I am requesting information on the dollar amount of outstanding handicapped parking violations you carry on your books and/or write off.

    Please e-mail information to Darryl Dever at ddgovsol@rrcol.com

    December 27, 2002

    The Ohio General Assembly ended its business for the remainder of the session in early December. However, prior to adjournment, two bills we were following were forwarded to the Governor for his signature.

    House Bill 548 would codify current practices that fees cannot be charged for filing certain protection orders and consent agreements relative to domestic violence orders.

    House Bill 490 enacts the recommendations of the Criminal Sentencing Commission pertaining to misdemeanor sentencing.

    It is recommended that you access the legislation (especially HB 490, since it is so detailed) for review of the changes.

    You can access the bill through: www.gwonger-oh.com

    Once you are on this site, click on House Bills and then click the specific legislation. You may also access the analysis of the bills in this manner.

    All other legislation which we were following died through inaction, and must be re-introduced when the new General Assembly convenes in 2003.

    APPOINTED CLERKS SALARY

    This amendment was added in the House Finance Committee and was offered by Chairman Robert Corbin (R-Kettering) and accepted without objection. This amendment on behalf of the clerks was the only amendment to the bill in either the House or the Senate.

    The elected clerks salary remains at 85% of the judge's salary of the court, but clerks will receive a 3% annual increase, as that is the raise prescribed for judges in the bill.

    The new law states specifically that the presiding judge of a municipal court shall prescribe the annual salary of the appointed clerk in cases where for the preceding calendar year the revenues of the court is equal to or greater than the expenditures, including debt charges, for the operation of the court. In cases where the annual revenue is less than the expenditures, the legislative authority would prescribe the salary of the appointed clerk. Following is the exact language contained in ORC 1901.31 (C)(1) with the new verbiage in capital letters.

    In a municipal court, other than the Auglaize County and the Lorain Municipal Courts, for which the population of the territory is less than one hundred thousand and in the Medina Municipal Court, 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 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 AND THE LORAIN MUNICIPAL COURTS, FOR WHICH THE POPULATION OF THE TERRITORY IS LESS THAN ONE HUNDRED THOUSAND OR THE REVENUE OF THE MEDINA MUNICIPAL COURT FOR THE PRECEDING CALENDAR YEAR AS SO CERTIFIED IS NOT EQUAL TO OR GREATER THAN THOSE EXPENDITURES OF 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.

    Last Updated September 22, 2005