H. B. No. 226 As Introduced

Representatives Hoops, C. Evans, Flowers, Kearns, Martin, McGregor, Seitz, Setzer, Wagoner, Brown, Hartnett, Koziura

A BILL

To amend section 1901.26 of the Revised Code to 1
authorize the legislative authority of a municipal 2
corporation to establish a schedule of fees to be 3
taxed as costs in a civil, criminal, or traffic 4
proceeding in a municipal court for services 5
performed by officers or employees of the 6
municipal corporation's police department or 7
marshal's office. 8

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

       Section 1. That section 1901.26 of the Revised Code be 9
amended to read as follows: 10

       Sec. 1901.26. (A) Subject to division (E) of this section, 11
costs in a municipal court shall be fixed and taxed as follows: 12

       (1)(a) The municipal court shall require an advance deposit 13
for the filing of any new civil action or proceeding when required 14
by division ~~(A)(9)~~(C) of this section, and in all other cases, by 15
rule, shall establish a schedule of fees and costs to be taxed in 16
any civil or criminal action or proceeding. 17

       (b)(i) The legislative authority of a municipal corporation 18
may by ordinance establish a schedule of fees to be taxed as costs 19
in any civil, criminal, or traffic action or proceeding in a 20
municipal court for the performance by officers or other employees 21
of the municipal corporation's police department or marshal's 22
office of any of the services specified in sections 311.17 and 23
509.15 of the Revised Code. If a fee established in the schedule 24
conflicts with a fee for the same service established in another 25
section of the Revised Code or a rule of court, the fee 26
established in the other section of the Revised Code or the rule 27
of court shall apply. 28

        (ii) When an officer or employee of a municipal police 29
department or marshal's office performs in a civil, criminal, or 30
traffic action or proceeding in a municipal court a service 31
specified in section 311.17 or 509.15 of the Revised Code for 32
which a taxable fee has been established under this or any other 33
section of the Revised Code, the court shall tax as costs in the 34
action or proceeding the applicable legal fees and any other 35
extraordinary expenses, including overtime, provided for the 36
service. The clerk of the court shall pay those legal fees and 37
other expenses, when collected, into the general fund of the 38
municipal corporation that employs the officer or employee. 39

        (iii) If a bailiff of a municipal court performs in a civil, 40
criminal, or traffic action or proceeding in that court a service 41
specified in section 311.17 or 509.15 of the Revised Code for 42
which a taxable fee has been established under this section or any 43
other section of the Revised Code, the fee for the service is the 44
same and is taxable to the same extent as if the service had been 45
performed by an officer or employee of the police department or 46
marshal's office of the municipal corporation in which the court 47
is located. The clerk of that court shall pay the fee, when 48
collected, into the general fund of the municipal corporation. 49

        (iv) Division (A)(1)(b) of this section does not authorize or 50
require any officer or employee of a police department or 51
marshal's office of a municipal corporation or any bailiff of a 52
municipal court to perform any service not otherwise authorized by 53
law. 54

       (2) The municipal court, by rule, may require an advance 55
deposit for the filing of any civil action or proceeding and 56
publication fees as provided in section 2701.09 of the Revised 57
Code. The court may waive the requirement for advance deposit upon 58
affidavit or other evidence that a party is unable to make the 59
required deposit. 60

       (3) When a jury trial is demanded in any civil action or 61
proceeding, the party making the demand may be required to make an 62
advance deposit as fixed by rule of court, unless, upon affidavit 63
or other evidence, the court concludes that the party is unable to 64
make the required deposit. If a jury is called, the fees of a jury 65
shall be taxed as costs. 66

       (4) In any civil or criminal action or proceeding, witnesses' 67
fees shall be fixed in accordance with sections 2335.06 and 68
2335.08 of the Revised Code. 69

       (5) A reasonable charge for driving, towing, carting, 70
storing, keeping, and preserving motor vehicles and other personal 71
property recovered or seized in any proceeding may be taxed as 72
part of the costs in a trial of the cause, in an amount that shall 73
be fixed by rule of court. 74

       (6) Chattel property seized under any writ or process issued 75
by the court shall be preserved pending final disposition for the 76
benefit of all persons interested and may be placed in storage 77
when necessary or proper for that preservation. The custodian of 78
any chattel property so stored shall not be required to part with 79
the possession of the property until a reasonable charge, to be 80
fixed by the court, is paid. 81

       (7) The municipal court, as it determines, may refund all 82
deposits and advance payments of fees and costs, including those 83
for jurors and summoning jurors, when they have been paid by the 84
losing party. 85

       (8) Charges for the publication of legal notices required by 86
statute or order of court may be taxed as part of the costs, as 87
provided by section 7.13 of the Revised Code. 88

       (B)(1) The municipal court may determine that, for the 89
efficient operation of the court, additional funds are necessary 90
to acquire and pay for special projects of the court including, 91
but not limited to, the acquisition of additional facilities or 92
the rehabilitation of existing facilities, the acquisition of 93
equipment, the hiring and training of staff, community service 94
programs, mediation or dispute resolution services, the employment 95
of magistrates, the training and education of judges, acting 96
judges, and magistrates, and other related services. Upon that 97
determination, the court by rule may charge a fee, in addition to 98
all other court costs, on the filing of each criminal cause, civil 99
action or proceeding, or judgment by confession. 100

       If the municipal court offers a special program or service in 101
cases of a specific type, the municipal court by rule may assess 102
an additional charge in a case of that type, over and above court 103
costs, to cover the special program or service. The municipal 104
court shall adjust the special assessment periodically, but not 105
retroactively, so that the amount assessed in those cases does not 106
exceed the actual cost of providing the service or program. 107

       All moneys collected under division (B) of this section shall 108
be paid to the county treasurer if the court is a county-operated 109
municipal court or to the city treasurer if the court is not a 110
county-operated municipal court for deposit into either a general 111
special projects fund or a fund established for a specific special 112
project. Moneys from a fund of that nature shall be disbursed upon 113
an order of the court in an amount no greater than the actual cost 114
to the court of a project. If a specific fund is terminated 115
because of the discontinuance of a program or service established 116
under division (B) of this section, the municipal court may order 117
that moneys remaining in the fund be transferred to an account 118
established under this division for a similar purpose. 119

       (2) As used in division (B) of this section: 120

       (a) "Criminal cause" means a charge alleging the violation of 121
a statute or ordinance, or subsection of a statute or ordinance, 122
that requires a separate finding of fact or a separate plea before 123
disposition and of which the defendant may be found guilty, 124
whether filed as part of a multiple charge on a single summons, 125
citation, or complaint or as a separate charge on a single 126
summons, citation, or complaint. "Criminal cause" does not include 127
separate violations of the same statute or ordinance, or 128
subsection of the same statute or ordinance, unless each charge is 129
filed on a separate summons, citation, or complaint. 130

       (b) "Civil action or proceeding" means any civil litigation 131
that must be determined by judgment entry. 132

       (C) The municipal court shall collect in all its divisions 133
except the small claims division the sum of fifteen dollars as 134
additional filing fees in each new civil action or proceeding for 135
the charitable public purpose of providing financial assistance to 136
legal aid societies that operate within the state. The municipal 137
court shall collect in its small claims division the sum of seven 138
dollars as additional filing fees in each new civil action or 139
proceeding for the charitable public purpose of providing 140
financial assistance to legal aid societies that operate within 141
the state. This division does not apply to any execution on a 142
judgment, proceeding in aid of execution, or other post-judgment 143
proceeding arising out of a civil action. The filing fees required 144
to be collected under this division shall be in addition to any 145
other court costs imposed in the action or proceeding and shall be 146
collected at the time of the filing of the action or proceeding. 147
The court shall not waive the payment of the additional filing 148
fees in a new civil action or proceeding unless the court waives 149
the advanced payment of all filing fees in the action or 150
proceeding. All such moneys shall be transmitted on the first 151
business day of each month by the clerk of the court to the 152
treasurer of state. The moneys then shall be deposited by the 153
treasurer of state to the credit of the legal aid fund established 154
under section 120.52 of the Revised Code. 155

       The court may retain up to one per cent of the moneys it 156
collects under this division to cover administrative costs, 157
including the hiring of any additional personnel necessary to 158
implement this division. 159

       (D) In the Cleveland municipal court, reasonable charges for 160
investigating titles of real estate to be sold or disposed of 161
under any writ or process of the court may be taxed as part of the 162
costs. 163

       (E) Under the circumstances described in sections 2969.21 to 164
2969.27 of the Revised Code, the clerk of the municipal court 165
shall charge the fees and perform the other duties specified in 166
those sections. 167

       Section 2. That existing section 1901.26 of the Revised Code 168
is hereby repealed. 169

Section 1. That section 1901.26 of the Revised Code be	9
amended to read as follows:	10

Sec. 1901.26. (A) Subject to division (E) of this section,	11
costs in a municipal court shall be fixed and taxed as follows:	12

(1)(a) The municipal court shall require an advance deposit	13
for the filing of any new civil action or proceeding when required	14
by division ~~(A)(9)~~(C) of this section, and in all other cases, by	15
rule, shall establish a schedule of fees and costs to be taxed in	16
any civil or criminal action or proceeding.	17

(b)(i) The legislative authority of a municipal corporation	18
may by ordinance establish a schedule of fees to be taxed as costs	19
in any civil, criminal, or traffic action or proceeding in a	20
municipal court for the performance by officers or other employees	21
of the municipal corporation's police department or marshal's	22
office of any of the services specified in sections 311.17 and	23
509.15 of the Revised Code. If a fee established in the schedule	24
conflicts with a fee for the same service established in another	25
section of the Revised Code or a rule of court, the fee	26
established in the other section of the Revised Code or the rule	27
of court shall apply.	28

(ii) When an officer or employee of a municipal police	29
department or marshal's office performs in a civil, criminal, or	30
traffic action or proceeding in a municipal court a service	31
specified in section 311.17 or 509.15 of the Revised Code for	32
which a taxable fee has been established under this or any other	33
section of the Revised Code, the court shall tax as costs in the	34
action or proceeding the applicable legal fees and any other	35
extraordinary expenses, including overtime, provided for the	36
service. The clerk of the court shall pay those legal fees and	37
other expenses, when collected, into the general fund of the	38
municipal corporation that employs the officer or employee.	39

(iii) If a bailiff of a municipal court performs in a civil,	40
criminal, or traffic action or proceeding in that court a service	41
specified in section 311.17 or 509.15 of the Revised Code for	42
which a taxable fee has been established under this section or any	43
other section of the Revised Code, the fee for the service is the	44
same and is taxable to the same extent as if the service had been	45
performed by an officer or employee of the police department or	46
marshal's office of the municipal corporation in which the court	47
is located. The clerk of that court shall pay the fee, when	48
collected, into the general fund of the municipal corporation.	49

(iv) Division (A)(1)(b) of this section does not authorize or	50
require any officer or employee of a police department or	51
marshal's office of a municipal corporation or any bailiff of a	52
municipal court to perform any service not otherwise authorized by	53
law.	54

(2) The municipal court, by rule, may require an advance	55
deposit for the filing of any civil action or proceeding and	56
publication fees as provided in section 2701.09 of the Revised	57
Code. The court may waive the requirement for advance deposit upon	58
affidavit or other evidence that a party is unable to make the	59
required deposit.	60

(3) When a jury trial is demanded in any civil action or	61
proceeding, the party making the demand may be required to make an	62
advance deposit as fixed by rule of court, unless, upon affidavit	63
or other evidence, the court concludes that the party is unable to	64
make the required deposit. If a jury is called, the fees of a jury	65
shall be taxed as costs.	66

(4) In any civil or criminal action or proceeding, witnesses'	67
fees shall be fixed in accordance with sections 2335.06 and	68
2335.08 of the Revised Code.	69

(5) A reasonable charge for driving, towing, carting,	70
storing, keeping, and preserving motor vehicles and other personal	71
property recovered or seized in any proceeding may be taxed as	72
part of the costs in a trial of the cause, in an amount that shall	73
be fixed by rule of court.	74

(6) Chattel property seized under any writ or process issued	75
by the court shall be preserved pending final disposition for the	76
benefit of all persons interested and may be placed in storage	77
when necessary or proper for that preservation. The custodian of	78
any chattel property so stored shall not be required to part with	79
the possession of the property until a reasonable charge, to be	80
fixed by the court, is paid.	81

(7) The municipal court, as it determines, may refund all	82
deposits and advance payments of fees and costs, including those	83
for jurors and summoning jurors, when they have been paid by the	84
losing party.	85

(8) Charges for the publication of legal notices required by	86
statute or order of court may be taxed as part of the costs, as	87
provided by section 7.13 of the Revised Code.	88

(B)(1) The municipal court may determine that, for the	89
efficient operation of the court, additional funds are necessary	90
to acquire and pay for special projects of the court including,	91
but not limited to, the acquisition of additional facilities or	92
the rehabilitation of existing facilities, the acquisition of	93
equipment, the hiring and training of staff, community service	94
programs, mediation or dispute resolution services, the employment	95
of magistrates, the training and education of judges, acting	96
judges, and magistrates, and other related services. Upon that	97
determination, the court by rule may charge a fee, in addition to	98
all other court costs, on the filing of each criminal cause, civil	99
action or proceeding, or judgment by confession.	100

If the municipal court offers a special program or service in	101
cases of a specific type, the municipal court by rule may assess	102
an additional charge in a case of that type, over and above court	103
costs, to cover the special program or service. The municipal	104
court shall adjust the special assessment periodically, but not	105
retroactively, so that the amount assessed in those cases does not	106
exceed the actual cost of providing the service or program.	107

All moneys collected under division (B) of this section shall	108
be paid to the county treasurer if the court is a county-operated	109
municipal court or to the city treasurer if the court is not a	110
county-operated municipal court for deposit into either a general	111
special projects fund or a fund established for a specific special	112
project. Moneys from a fund of that nature shall be disbursed upon	113
an order of the court in an amount no greater than the actual cost	114
to the court of a project. If a specific fund is terminated	115
because of the discontinuance of a program or service established	116
under division (B) of this section, the municipal court may order	117
that moneys remaining in the fund be transferred to an account	118
established under this division for a similar purpose.	119

(a) "Criminal cause" means a charge alleging the violation of	121
a statute or ordinance, or subsection of a statute or ordinance,	122
that requires a separate finding of fact or a separate plea before	123
disposition and of which the defendant may be found guilty,	124
whether filed as part of a multiple charge on a single summons,	125
citation, or complaint or as a separate charge on a single	126
summons, citation, or complaint. "Criminal cause" does not include	127
separate violations of the same statute or ordinance, or	128
subsection of the same statute or ordinance, unless each charge is	129
filed on a separate summons, citation, or complaint.	130

(b) "Civil action or proceeding" means any civil litigation	131
that must be determined by judgment entry.	132

(C) The municipal court shall collect in all its divisions	133
except the small claims division the sum of fifteen dollars as	134
additional filing fees in each new civil action or proceeding for	135
the charitable public purpose of providing financial assistance to	136
legal aid societies that operate within the state. The municipal	137
court shall collect in its small claims division the sum of seven	138
dollars as additional filing fees in each new civil action or	139
proceeding for the charitable public purpose of providing	140
financial assistance to legal aid societies that operate within	141
the state. This division does not apply to any execution on a	142
judgment, proceeding in aid of execution, or other post-judgment	143
proceeding arising out of a civil action. The filing fees required	144
to be collected under this division shall be in addition to any	145
other court costs imposed in the action or proceeding and shall be	146
collected at the time of the filing of the action or proceeding.	147
The court shall not waive the payment of the additional filing	148
fees in a new civil action or proceeding unless the court waives	149
the advanced payment of all filing fees in the action or	150
proceeding. All such moneys shall be transmitted on the first	151
business day of each month by the clerk of the court to the	152
treasurer of state. The moneys then shall be deposited by the	153
treasurer of state to the credit of the legal aid fund established	154
under section 120.52 of the Revised Code.	155

The court may retain up to one per cent of the moneys it	156
collects under this division to cover administrative costs,	157
including the hiring of any additional personnel necessary to	158
implement this division.	159

(D) In the Cleveland municipal court, reasonable charges for	160
investigating titles of real estate to be sold or disposed of	161
under any writ or process of the court may be taxed as part of the	162
costs.	163

(E) Under the circumstances described in sections 2969.21 to	164
2969.27 of the Revised Code, the clerk of the municipal court	165
shall charge the fees and perform the other duties specified in	166
those sections.	167

Section 2. That existing section 1901.26 of the Revised Code	168
is hereby repealed.	169