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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 536
2025-2026
Representative Humphrey
To
amend section 1901.026 of the Revised Code
to
modify the manner current operating costs are apportioned for a
municipal court with respect to caseloads for civil traffic tickets.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
section 1901.026 of the Revised Code be amended to read as follows:
Sec.
1901.026.
(A)
The current operating costs of a municipal court, other than a
county-operated municipal court, that has territorial jurisdiction
under section 1901.02 or 1901.182 of the Revised Code that extends
beyond the corporate limits of the municipal corporation in which the
court is located shall be apportioned pursuant to this section among
all of the municipal corporations and townships that are within the
territory of the court. Each municipal corporation and each township
within the territory of the municipal court shall be assigned a
proportionate share of the current operating costs of the municipal
court that is equal to the percentage of the total criminal and civil
caseload of the municipal court that arose in that municipal
corporation or township. Each municipal corporation and each township
then shall be liable for its assigned proportionate share of the
current operating costs of the court, subject to division (B) of this
section.
For
purposes of this section, the criminal and civil caseload that arose
in a municipal corporation or township is the total number of
criminal cases filed in the municipal court during the preceding
calendar year that arose out of offenses that occurred in the
municipal corporation or township
,
the total number of civil actions filed in the municipal court during
the preceding calendar year concerning a violation of a state traffic
law or a municipal traffic ordinance that occurred in the municipal
corporation,
and the total number of
other
civil
cases filed in the municipal court during the preceding calendar year
in which the address of the majority of the defendants that are
designated in the caption of the case and that have addresses within
municipal corporations or townships within the territory of the court
is within the municipal corporation or township or, if there is no
majority of such defendants, in which the address of the first such
defendant is within the municipal corporation or township.
(B)
A municipal corporation or township within the territory of a
municipal court is not required to pay that part of its proportionate
share of the current operating costs of the court, as determined in
accordance with division (A) of this section, that exceeds the total
amount of costs, fees, fines, bail, or other moneys that was
disbursed by the clerk of the court under division (F) of section
1901.31 of the Revised Code, to the municipal corporation or township
during the period for which its proportionate share of the current
operating costs was determined. The municipal corporation in which
the court is located is liable, in addition to its proportionate
share, for any part of the proportionate share of a municipal
corporation or township that the municipal corporation or township is
not required to pay under this division.
(C)
The auditors or chief fiscal officers of each of the municipal
corporations and townships within the territory of a municipal court
for which the current operating costs are apportioned under this
section shall meet not less than once each six months at the office
of the auditor or chief fiscal officer of the municipal corporation
in which the court is located to determine the proportionate share
due from each municipal corporation and each township, to determine
whether any municipal corporation or township is not required to pay
any part of its proportionate share under division (B) of this
section, and to adjust accounts. The meetings shall be held at the
direction of the auditor or chief fiscal officer of the municipal
corporation in which the court is located, and the auditor or chief
fiscal officer shall preside at the meetings. The proportionate share
of each of the municipal corporations and townships, as reduced or
increased in accordance with division (B) of this section, is payable
from the general fund of the municipal corporation or township or
from any other fund designated or funds appropriated for the purpose
of paying the particular municipal corporation's or township's
proportionate share of the current operating costs of the court.
The
court of common pleas of the county in which a municipal court for
which the current operating costs are apportioned under this section
is located has jurisdiction over any civil action that is commenced
to determine the current operating costs of the court, the
proportionate share of the current operating costs to be paid by a
particular municipal corporation or township within the territory of
the court, or whether a municipal corporation or township is not
required to pay any part of its proportionate share under division
(B) of this section.
(D)
For purposes of this section:
(1)
"Operating costs" means the figure that is derived by
subtracting the total of all costs that are collected and paid to the
city treasury by the clerk of the municipal court pursuant to
division (F) of section 1901.31 of the Revised Code and all interest
received and paid to the city treasury in relation to the costs
pursuant to division (G) of section 1901.31 of the Revised Code from
the total of the amounts payable from the city treasury for the
operation of the court pursuant to sections 1901.10, 1901.11,
1901.111, 1901.12, 1901.31, 1901.311, 1901.312, 1901.32, 1901.33,
1901.331, 1901.36, 1901.37, and 1901.38 of the Revised Code, other
than any amounts payable from the city treasury for the operation of
the court involving construction, capital improvements, rent, or the
provision of heat and light.
(2)
"Township" means a township that has adopted a limited home
rule government pursuant to Chapter 504. of the Revised Code.
(3)
"Criminal caseload" when used in regard to a township means
cases arising from a violation of a township resolution for which a
fine is imposed under Chapter 504. of the Revised Code.
Section
2.
That
existing section 1901.026 of the Revised Code is hereby repealed.