REPRESENTATIVE Willamowski

To amend sections 2303.201, 2335.19, and 2335.24 of

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the Revised Code relative to the terms of a

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contract entered into by a clerk of a court with a

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public agency or private vendor for the collections

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of amounts due under judgments for costs.

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

Section 1. That sections 2303.201, 2335.19, and 2335.24 of	6
the Revised Code be amended to read as follows:	7

Sec. 2303.201.  (A)(1) The court of common pleas of any	8
county may determine that for the efficient operation of the court	9
additional funds are required to computerize the court, to make	10
available computerized legal research services, or to do both.	11
Upon making a determination that additional funds are required for	12
either or both of those purposes, the court shall authorize and	13
direct the clerk of the court of common pleas to charge one	14
additional fee, not to exceed three dollars, on the filing of each	15
cause of action or appeal under divisions (A), (Q), and (U) of	16
section 2303.20 of the Revised Code.	17

(2) All fees collected under division (A)(1) of this section	18
shall be paid to the county treasurer. The treasurer shall place	19
the funds from the fees in a separate fund to be disbursed, upon	20
an order of the court, in an amount not greater than the actual	21
cost to the court of procuring and maintaining computerization of	22
the court, computerized legal research services, or both.	23

(3) If the court determines that the funds in the fund	24
described in division (A)(2) of this section are more than	25
sufficient to satisfy the purpose for which the additional fee	26
described in division (A)(1) of this section was imposed, the	27
court may declare a surplus in the fund and expend those surplus	28
funds for other appropriate technological expenses of the court.	29

(B)(1) The court of common pleas of any county may determine	30
that, for the efficient operation of the court, additional funds	31
are required to computerize the office of the clerk of the court	32
of common pleas and, upon that determination, authorize and direct	33
the clerk of the court of common pleas to charge an additional	34
fee, not to exceed ten dollars, on the filing of each cause of	35
action or appeal, on the filing, docketing, and endorsing of each	36
certificate of judgment, or on the docketing and indexing of each	37
aid in execution or petition to vacate, revive, or modify a	38
judgment under divisions (A), (P), (Q), (T), and (U) of section	39
2303.20 of the Revised Code. Subject to division (B)(2) of this	40
section, all moneys collected under division (B)(1) of this	41
section shall be paid to the county treasurer to be disbursed,	42
upon an order of the court of common pleas and subject to	43
appropriation by the board of county commissioners, in an amount	44
no greater than the actual cost to the court of procuring and	45
maintaining computer systems for the office of the clerk of the	46
court of common pleas.	47

(2) If the court of common pleas of a county makes the	48
determination described in division (B)(1) of this section, the	49
board of county commissioners of that county may issue one or more	50
general obligation bonds for the purpose of procuring and	51
maintaining the computer systems for the office of the clerk of	52
the court of common pleas. In addition to the purposes stated in	53
division (B)(1) of this section for which the moneys collected	54
under that division may be expended, the moneys additionally may	55
be expended to pay debt charges on and financing costs related to	56
any general obligation bonds issued pursuant to division (B)(2) of	57
this section as they become due. General obligation bonds issued	58
pursuant to division (B)(2) of this section are Chapter 133.	59
securities.	60

(C) The court of common pleas shall collect the sum of	61
fifteen dollars as additional filing fees in each new civil action	62
or proceeding for the charitable public purpose of providing	63
financial assistance to legal aid societies that operate within	64
the state. This division does not apply to proceedings concerning	65
annulments, dissolutions of marriage, divorces, legal separation,	66
spousal support, marital property or separate property	67
distribution, support, or other domestic relations matters; to a	68
juvenile division of a court of common pleas; to a probate	69
division of a court of common pleas, except that the additional	70
filing fees shall apply to name change, guardianship, and adoption	71
proceedings; or to an execution on a judgment, proceeding in aid	72
of execution, or other post-judgment proceeding arising out of a	73
civil action. The filing fees required to be collected under this	74
division shall be in addition to any other filing fees imposed in	75
the action or proceeding and shall be collected at the time of the	76
filing of the action or proceeding. The court shall not waive the	77
payment of the additional filing fees in a new civil action or	78
proceeding unless the court waives the advanced payment of all	79
filing fees in the action or proceeding. All such moneys	80
collected during a month shall be transmitted on or before the	81
twentieth day of the following month by the clerk of the court to	82
the treasurer of state. The moneys then shall be deposited by the	83
treasurer of state to the credit of the legal aid fund established	84
under section 120.52 of the Revised Code.	85

The court may retain up to one per cent of the moneys it	86
collects under this division to cover administrative costs,	87
including the hiring of any additional personnel necessary to	88
implement this division.	89

(D) On and after the thirtieth day after December 9, 1994,	90
the court of common pleas shall collect the sum of thirty-two	91
dollars as additional filing fees in each new action or proceeding	92
for annulment, divorce, or dissolution of marriage for the purpose	93
of funding shelters for victims of domestic violence pursuant to	94
sections 3113.35 to 3113.39 of the Revised Code. The filing fees	95
required to be collected under this division shall be in addition	96
to any other filing fees imposed in the action or proceeding and	97
shall be collected at the time of the filing of the action or	98
proceeding. The court shall not waive the payment of the	99
additional filing fees in a new action or proceeding for	100
annulment, divorce, or dissolution of marriage unless the court	101
waives the advanced payment of all filing fees in the action or	102
proceeding. On or before the twentieth day of each month, all	103
moneys collected during the immediately preceding month pursuant	104
to this division shall be deposited by the clerk of the court into	105
the county treasury in the special fund used for deposit of	106
additional marriage license fees as described in section 3113.34	107
of the Revised Code. Upon their deposit into the fund, the moneys	108
shall be retained in the fund and expended only as described in	109
section 3113.34 of the Revised Code.	110

(E)(1) The court of common pleas may determine that, for the	111
efficient operation of the court, additional funds are necessary	112
to acquire and pay for special projects of the court, including,	113
but not limited to, the acquisition of additional facilities or	114
the rehabilitation of existing facilities, the acquisition of	115
equipment, the hiring and training of staff, community service	116
programs, mediation or dispute resolution services, the employment	117
of magistrates, the training and education of judges, acting	118
judges, and magistrates, and other related services. Upon that	119
determination, the court by rule may charge a fee, in addition to	120
all other court costs, on the filing of each criminal cause, civil	121
action or proceeding, or judgment by confession.	122

If the court of common pleas offers a special program or	123
service in cases of a specific type, the court by rule may assess	124
an additional charge in a case of that type, over and above court	125
costs, to cover the special program or service. The court shall	126
adjust the special assessment periodically, but not retroactively,	127
so that the amount assessed in those cases does not exceed the	128
actual cost of providing the service or program.	129

All moneys collected under division (E) of this section shall	130
be paid to the county treasurer for deposit into either a general	131
special projects fund or a fund established for a specific special	132
project. Moneys from a fund of that nature shall be disbursed	133
upon an order of the court in an amount no greater than the actual	134
cost to the court of a project. If a specific fund is terminated	135
because of the discontinuance of a program or service established	136
under division (E) of this section, the court may order that	137
moneys remaining in the fund be transferred to an account	138
established under this division for a similar purpose.	139

(2) As used in division (E) of this section:

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(a) "Criminal cause" means a charge alleging the violation of	141
a statute or ordinance, or subsection of a statute or ordinance,	142
that requires a separate finding of fact or a separate plea before	143
disposition and of which the defendant may be found guilty,	144
whether filed as part of a multiple charge on a single summons,	145
citation, or complaint or as a separate charge on a single	146
summons, citation, or complaint. "Criminal cause" does not include	147
separate violations of the same statute or ordinance, or	148
subsection of the same statute or ordinance, unless each charge is	149
filed on a separate summons, citation, or complaint.	150

(b) "Civil action or proceeding" means any civil litigation	151
that must be determined by judgment entry.	152

(F) The court of common pleas of any county may determine	153
that, for the efficient operation of the court, additional funds	154
are required to computerize the office of the clerk of the court	155
of common pleas and, upon that determination, authorize and direct	156
the clerk of the court of common pleas to pay the interest	157
collected under section 2335.19 of the Revised Code to the county	158
treasurer. The treasurer shall place the funds from the interest	159
in a separate fund to be disbursed, upon an order of the court, in	160
an amount not greater than the actual cost to the court of	161
procuring and maintaining computer systems for the office of the	162
clerk of the court of common pleas.	163

Sec. 2335.19.  (A) On the rendition of judgment in any cause	164
in any court, the costs of the party recovering, together with the	165
party's debt or damages, shall be carried into the party's	166
judgment, and the costs of the party against whom that judgment is	167
rendered shall be separately stated in the record or docket entry.	168
No party in whose favor judgment for costs is rendered in a cause	169
may release, satisfy, or discharge, in whole or in part, any of	170
those costs, unless that party previously has paid those costs to	171
the clerk of the court or unless those costs have been paid to the	172
person entitled to those costs or have been legally assigned or	173
transferred to that party by the persons in whose names those	174
costs stand taxed upon the record or docket.	175

(B) An entry of judgment that includes a grant of judgment	176
for costs is an order that authorizes the clerk of the court, in	177
accordance with division (C) of this section, to issue a	178
certificate of judgment for all costs, including the total cost of	179
collection of and any interest due on the judgment for costs,	180
including any interest due on the judgment for costs, any cost	181
incured by the clerk in collecting the judgment for costs, and any	182
fee a public agency or private vendor charges the clerk pursuant	183
to a contract entered into under division (B)(1) of section	184
2335.24 of the Revised Code for collecting the judgment for costs	185
against the person who is liable for the payment of those costs.	186

(C) The clerk of a court who wishes to issue a certificate	187
of judgment for costs pursuant to a judgment for costs shall	188
provide an itemized bill of fees and costs, including the total	189
cost of collection of and any interest due on the judgment for	190
costs, to the person who is liable for costs under the judgment,	191
either upon the request of the person as specified in section	192
2335.32 of the Revised Code or without a request. If the person	193
does not pay the fees and costs within thirty days after the clerk	194
provides the itemized bill, the clerk shall send the person a	195
notice requesting payment of the fees and costs as stated in the	196
itemized bill. If the person does not respond to the notice with	197
the full payment of the fees and costs within thirty days, the	198
clerk shall send the person a second notice requesting payment of	199
the fees and costs. If ninety days elapse from the date that the	200
clerk provides the itemized bill and if the person has not paid	201
the full amount of the fees and costs pursuant to the itemized	202
bill and the notices, the clerk may issue a certificate of	203
judgment for costs against the person for the fees and costs.	204
After issuing a certificate of judgment for costs, the clerk may	205
assess the interest accrued from the date of the issuance of the	206
certificate to the date of collection of the judgment at the rate	207
established in section 1343.03 of the Revised Code.	208

Sec. 2335.24.  (A) In all causes in any court, except as	209
otherwise provided in section 2969.23 of the Revised Code, costs	210
taxed and entered as provided by sections 2335.18 to 2335.23 of	211
the Revised Code may be collected by the process provided by those	212
sections.	213

(B)(1) The clerk of a court may enter into contracts with	214
one or more public agencies or private vendors for the collection	215
of amounts due under judgments for costs. The contracts shall	216
comply with division (B)(2) of this section. The amounts may	217
include any interest that also is due on a judgment for costs.	218
Before entering into or renewing a contract of that nature, the	219
clerk of a court shall do all of the following:	220

(a) Comply with the provisions of sections 307.86 to 307.92	221
of the Revised Code that pertain to required competitive bidding.	222
For purposes of complying with those sections, the clerk of the	223
court shall be considered the contracting authority.	224

(b) Obtain the approval of the terms of the contract by the	225
legislative authority associated with the court.	226

(2) A contract entered into or renewed by the clerk of a	227
court pursuant to division (B)(1) of this section shall include	228
all of the following terms:	229

(a) A requirement that the contracting public agency or	230
private vendor must disburse the full amount collected by the	231
agency or vendor that is due under the judgment for costs,	232
including any interest that is also due on that judgment, to the	233
contracting clerk of a court for disbursement to the appropriate	234
entity as designated by the Revised Code;	235

(b) A provision that prohibits the contracting public agency	236
or private vendor from deducting any fees or expenses that the	237
agency or vendor incurs in the collection of the judgment from the	238
amount collected that is due under the judgment including	239
interest.	240

(3) As used in division (B) of this section, "legislative	241
authority" has the same meaning as in division (B) of section	242
1901.03 of the Revised Code, if the clerk of the court involved is	243
the clerk of a municipal court, and means a board of county	244
commissioners, if the clerk of the court involved is the clerk of	245
a county court or a court of common pleas.	246

Section 2. That existing sections 2303.201, 2335.19, and	247
2335.24 of the Revised Code are hereby repealed.	248