Am. H. B. No. 226 As Passed by the Senate

Representatives Hoops, C. Evans, Flowers, Kearns, Martin, McGregor, Seitz, Setzer, Wagoner, Brown, Hartnett, Koziura, Willamowski, Barrett, Coley, Combs, Daniels, Domenick, Harwood, Otterman

Senators Schuler, Carey, Cates

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 and to revise the law regarding 8
the Workers' Compensation Oversight Commission's 9
reporting requirements concerning investments. 10

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

       Section 1. That section 1901.26 of the Revised Code be 11
amended to read as follows: 12

       Sec. 1901.26. (A) Subject to division (E) of this section, 13
costs in a municipal court shall be fixed and taxed as follows: 14

       (1)(a) The municipal court shall require an advance deposit 15
for the filing of any new civil action or proceeding when required 16
by division ~~(A)(9)~~(C) of this section, and in all other cases, by 17
rule, shall establish a schedule of fees and costs to be taxed in 18
any civil or criminal action or proceeding. 19

       (b)(i) The legislative authority of a municipal corporation 20
may by ordinance establish a schedule of fees to be taxed as costs 21
in any civil, criminal, or traffic action or proceeding in a 22
municipal court for the performance by officers or other employees 23
of the municipal corporation's police department or marshal's 24
office of any of the services specified in sections 311.17 and 25
509.15 of the Revised Code. No fee in the schedule shall be higher 26
than the fee specified in section 311.17 of the Revised Code for 27
the performance of the same service by the sheriff. If a fee 28
established in the schedule conflicts with a fee for the same 29
service established in another section of the Revised Code or a 30
rule of court, the fee established in the other section of the 31
Revised Code or the rule of court shall apply. 32

        (ii) When an officer or employee of a municipal police 33
department or marshal's office performs in a civil, criminal, or 34
traffic action or proceeding in a municipal court a service 35
specified in section 311.17 or 509.15 of the Revised Code for 36
which a taxable fee has been established under this or any other 37
section of the Revised Code, the applicable legal fees and any 38
other extraordinary expenses, including overtime, provided for the 39
service shall be taxed as costs in the case. The clerk of the 40
court shall pay those legal fees and other expenses, when 41
collected, into the general fund of the municipal corporation that 42
employs the officer or employee. 43

        (iii) If a bailiff of a municipal court performs in a civil, 44
criminal, or traffic action or proceeding in that court a service 45
specified in section 311.17 or 509.15 of the Revised Code for 46
which a taxable fee has been established under this section or any 47
other section of the Revised Code, the fee for the service is the 48
same and is taxable to the same extent as if the service had been 49
performed by an officer or employee of the police department or 50
marshal's office of the municipal corporation in which the court 51
is located. The clerk of that court shall pay the fee, when 52
collected, into the general fund of the entity or entities that 53
fund the bailiff's salary, in the same pro-rated amount as the 54
salary is funded. 55

        (iv) Division (A)(1)(b) of this section does not authorize or 56
require any officer or employee of a police department or 57
marshal's office of a municipal corporation or any bailiff of a 58
municipal court to perform any service not otherwise authorized by 59
law. 60

       (2) The municipal court, by rule, may require an advance 61
deposit for the filing of any civil action or proceeding and 62
publication fees as provided in section 2701.09 of the Revised 63
Code. The court may waive the requirement for advance deposit upon 64
affidavit or other evidence that a party is unable to make the 65
required deposit. 66

       (3) When a jury trial is demanded in any civil action or 67
proceeding, the party making the demand may be required to make an 68
advance deposit as fixed by rule of court, unless, upon affidavit 69
or other evidence, the court concludes that the party is unable to 70
make the required deposit. If a jury is called, the fees of a jury 71
shall be taxed as costs. 72

       (4) In any civil or criminal action or proceeding, witnesses' 73
fees shall be fixed in accordance with sections 2335.06 and 74
2335.08 of the Revised Code. 75

       (5) A reasonable charge for driving, towing, carting, 76
storing, keeping, and preserving motor vehicles and other personal 77
property recovered or seized in any proceeding may be taxed as 78
part of the costs in a trial of the cause, in an amount that shall 79
be fixed by rule of court. 80

       (6) Chattel property seized under any writ or process issued 81
by the court shall be preserved pending final disposition for the 82
benefit of all persons interested and may be placed in storage 83
when necessary or proper for that preservation. The custodian of 84
any chattel property so stored shall not be required to part with 85
the possession of the property until a reasonable charge, to be 86
fixed by the court, is paid. 87

       (7) The municipal court, as it determines, may refund all 88
deposits and advance payments of fees and costs, including those 89
for jurors and summoning jurors, when they have been paid by the 90
losing party. 91

       (8) Charges for the publication of legal notices required by 92
statute or order of court may be taxed as part of the costs, as 93
provided by section 7.13 of the Revised Code. 94

       (B)(1) The municipal court may determine that, for the 95
efficient operation of the court, additional funds are necessary 96
to acquire and pay for special projects of the court including, 97
but not limited to, the acquisition of additional facilities or 98
the rehabilitation of existing facilities, the acquisition of 99
equipment, the hiring and training of staff, community service 100
programs, mediation or dispute resolution services, the employment 101
of magistrates, the training and education of judges, acting 102
judges, and magistrates, and other related services. Upon that 103
determination, the court by rule may charge a fee, in addition to 104
all other court costs, on the filing of each criminal cause, civil 105
action or proceeding, or judgment by confession. 106

       If the municipal court offers a special program or service in 107
cases of a specific type, the municipal court by rule may assess 108
an additional charge in a case of that type, over and above court 109
costs, to cover the special program or service. The municipal 110
court shall adjust the special assessment periodically, but not 111
retroactively, so that the amount assessed in those cases does not 112
exceed the actual cost of providing the service or program. 113

       All moneys collected under division (B) of this section shall 114
be paid to the county treasurer if the court is a county-operated 115
municipal court or to the city treasurer if the court is not a 116
county-operated municipal court for deposit into either a general 117
special projects fund or a fund established for a specific special 118
project. Moneys from a fund of that nature shall be disbursed upon 119
an order of the court in an amount no greater than the actual cost 120
to the court of a project. If a specific fund is terminated 121
because of the discontinuance of a program or service established 122
under division (B) of this section, the municipal court may order 123
that moneys remaining in the fund be transferred to an account 124
established under this division for a similar purpose. 125

       (2) As used in division (B) of this section: 126

       (a) "Criminal cause" means a charge alleging the violation of 127
a statute or ordinance, or subsection of a statute or ordinance, 128
that requires a separate finding of fact or a separate plea before 129
disposition and of which the defendant may be found guilty, 130
whether filed as part of a multiple charge on a single summons, 131
citation, or complaint or as a separate charge on a single 132
summons, citation, or complaint. "Criminal cause" does not include 133
separate violations of the same statute or ordinance, or 134
subsection of the same statute or ordinance, unless each charge is 135
filed on a separate summons, citation, or complaint. 136

       (b) "Civil action or proceeding" means any civil litigation 137
that must be determined by judgment entry. 138

       (C) The municipal court shall collect in all its divisions 139
except the small claims division the sum of fifteen dollars as 140
additional filing fees in each new civil action or proceeding for 141
the charitable public purpose of providing financial assistance to 142
legal aid societies that operate within the state. The municipal 143
court shall collect in its small claims division the sum of seven 144
dollars as additional filing fees in each new civil action or 145
proceeding for the charitable public purpose of providing 146
financial assistance to legal aid societies that operate within 147
the state. This division does not apply to any execution on a 148
judgment, proceeding in aid of execution, or other post-judgment 149
proceeding arising out of a civil action. The filing fees required 150
to be collected under this division shall be in addition to any 151
other court costs imposed in the action or proceeding and shall be 152
collected at the time of the filing of the action or proceeding. 153
The court shall not waive the payment of the additional filing 154
fees in a new civil action or proceeding unless the court waives 155
the advanced payment of all filing fees in the action or 156
proceeding. All such moneys shall be transmitted on the first 157
business day of each month by the clerk of the court to the 158
treasurer of state. The moneys then shall be deposited by the 159
treasurer of state to the credit of the legal aid fund established 160
under section 120.52 of the Revised Code. 161

       The court may retain up to one per cent of the moneys it 162
collects under this division to cover administrative costs, 163
including the hiring of any additional personnel necessary to 164
implement this division. 165

       (D) In the Cleveland municipal court, reasonable charges for 166
investigating titles of real estate to be sold or disposed of 167
under any writ or process of the court may be taxed as part of the 168
costs. 169

       (E) Under the circumstances described in sections 2969.21 to 170
2969.27 of the Revised Code, the clerk of the municipal court 171
shall charge the fees and perform the other duties specified in 172
those sections. 173

       Section 2. That existing section 1901.26 of the Revised Code 174
is hereby repealed. 175

       Section 3. Nothwithstanding Section 502.03 of Am. Sub. H.B. 176
66 of the 126th General Assembly, the assets of funds that at the 177
time that section took effect were invested in investments that 178
are prohibited by section 4121.12 of the Revised Code and the 179
assets of funds that, in the twelve months immediately preceding 180
the effective date of that section, had been invested in 181
investments that are prohibited by section 4121.12 of the Revised 182
Code shall be divested in the most expedient time possible to 183
obtain the maximum value during the liquidation unless the assets 184
are being held as evidence in a criminal investigation or 185
prosecution. If the assets are being held as evidence in a 186
criminal investigation or prosecution, the assets shall be 187
divested in the most expedient time possible to obtain the maximum 188
value during the liquidation after the investigation or 189
prosecution has concluded. 190

Section 1. That section 1901.26 of the Revised Code be	11
amended to read as follows:	12

Sec. 1901.26. (A) Subject to division (E) of this section,	13
costs in a municipal court shall be fixed and taxed as follows:	14

(1)(a) The municipal court shall require an advance deposit	15
for the filing of any new civil action or proceeding when required	16
by division ~~(A)(9)~~(C) of this section, and in all other cases, by	17
rule, shall establish a schedule of fees and costs to be taxed in	18
any civil or criminal action or proceeding.	19

(b)(i) The legislative authority of a municipal corporation	20
may by ordinance establish a schedule of fees to be taxed as costs	21
in any civil, criminal, or traffic action or proceeding in a	22
municipal court for the performance by officers or other employees	23
of the municipal corporation's police department or marshal's	24
office of any of the services specified in sections 311.17 and	25
509.15 of the Revised Code. No fee in the schedule shall be higher	26
than the fee specified in section 311.17 of the Revised Code for	27
the performance of the same service by the sheriff. If a fee	28
established in the schedule conflicts with a fee for the same	29
service established in another section of the Revised Code or a	30
rule of court, the fee established in the other section of the	31
Revised Code or the rule of court shall apply.	32

(ii) When an officer or employee of a municipal police	33
department or marshal's office performs in a civil, criminal, or	34
traffic action or proceeding in a municipal court a service	35
specified in section 311.17 or 509.15 of the Revised Code for	36
which a taxable fee has been established under this or any other	37
section of the Revised Code, the applicable legal fees and any	38
other extraordinary expenses, including overtime, provided for the	39
service shall be taxed as costs in the case. The clerk of the	40
court shall pay those legal fees and other expenses, when	41
collected, into the general fund of the municipal corporation that	42
employs the officer or employee.	43

(iii) If a bailiff of a municipal court performs in a civil,	44
criminal, or traffic action or proceeding in that court a service	45
specified in section 311.17 or 509.15 of the Revised Code for	46
which a taxable fee has been established under this section or any	47
other section of the Revised Code, the fee for the service is the	48
same and is taxable to the same extent as if the service had been	49
performed by an officer or employee of the police department or	50
marshal's office of the municipal corporation in which the court	51
is located. The clerk of that court shall pay the fee, when	52
collected, into the general fund of the entity or entities that	53
fund the bailiff's salary, in the same pro-rated amount as the	54
salary is funded.	55

(iv) Division (A)(1)(b) of this section does not authorize or	56
require any officer or employee of a police department or	57
marshal's office of a municipal corporation or any bailiff of a	58
municipal court to perform any service not otherwise authorized by	59
law.	60

(2) The municipal court, by rule, may require an advance	61
deposit for the filing of any civil action or proceeding and	62
publication fees as provided in section 2701.09 of the Revised	63
Code. The court may waive the requirement for advance deposit upon	64
affidavit or other evidence that a party is unable to make the	65
required deposit.	66

(3) When a jury trial is demanded in any civil action or	67
proceeding, the party making the demand may be required to make an	68
advance deposit as fixed by rule of court, unless, upon affidavit	69
or other evidence, the court concludes that the party is unable to	70
make the required deposit. If a jury is called, the fees of a jury	71
shall be taxed as costs.	72

(4) In any civil or criminal action or proceeding, witnesses'	73
fees shall be fixed in accordance with sections 2335.06 and	74
2335.08 of the Revised Code.	75

(5) A reasonable charge for driving, towing, carting,	76
storing, keeping, and preserving motor vehicles and other personal	77
property recovered or seized in any proceeding may be taxed as	78
part of the costs in a trial of the cause, in an amount that shall	79
be fixed by rule of court.	80

(6) Chattel property seized under any writ or process issued	81
by the court shall be preserved pending final disposition for the	82
benefit of all persons interested and may be placed in storage	83
when necessary or proper for that preservation. The custodian of	84
any chattel property so stored shall not be required to part with	85
the possession of the property until a reasonable charge, to be	86
fixed by the court, is paid.	87

(7) The municipal court, as it determines, may refund all	88
deposits and advance payments of fees and costs, including those	89
for jurors and summoning jurors, when they have been paid by the	90
losing party.	91

(8) Charges for the publication of legal notices required by	92
statute or order of court may be taxed as part of the costs, as	93
provided by section 7.13 of the Revised Code.	94

(B)(1) The municipal court may determine that, for the	95
efficient operation of the court, additional funds are necessary	96
to acquire and pay for special projects of the court including,	97
but not limited to, the acquisition of additional facilities or	98
the rehabilitation of existing facilities, the acquisition of	99
equipment, the hiring and training of staff, community service	100
programs, mediation or dispute resolution services, the employment	101
of magistrates, the training and education of judges, acting	102
judges, and magistrates, and other related services. Upon that	103
determination, the court by rule may charge a fee, in addition to	104
all other court costs, on the filing of each criminal cause, civil	105
action or proceeding, or judgment by confession.	106

If the municipal court offers a special program or service in	107
cases of a specific type, the municipal court by rule may assess	108
an additional charge in a case of that type, over and above court	109
costs, to cover the special program or service. The municipal	110
court shall adjust the special assessment periodically, but not	111
retroactively, so that the amount assessed in those cases does not	112
exceed the actual cost of providing the service or program.	113

All moneys collected under division (B) of this section shall	114
be paid to the county treasurer if the court is a county-operated	115
municipal court or to the city treasurer if the court is not a	116
county-operated municipal court for deposit into either a general	117
special projects fund or a fund established for a specific special	118
project. Moneys from a fund of that nature shall be disbursed upon	119
an order of the court in an amount no greater than the actual cost	120
to the court of a project. If a specific fund is terminated	121
because of the discontinuance of a program or service established	122
under division (B) of this section, the municipal court may order	123
that moneys remaining in the fund be transferred to an account	124
established under this division for a similar purpose.	125

(a) "Criminal cause" means a charge alleging the violation of	127
a statute or ordinance, or subsection of a statute or ordinance,	128
that requires a separate finding of fact or a separate plea before	129
disposition and of which the defendant may be found guilty,	130
whether filed as part of a multiple charge on a single summons,	131
citation, or complaint or as a separate charge on a single	132
summons, citation, or complaint. "Criminal cause" does not include	133
separate violations of the same statute or ordinance, or	134
subsection of the same statute or ordinance, unless each charge is	135
filed on a separate summons, citation, or complaint.	136

(b) "Civil action or proceeding" means any civil litigation	137
that must be determined by judgment entry.	138

(C) The municipal court shall collect in all its divisions	139
except the small claims division the sum of fifteen dollars as	140
additional filing fees in each new civil action or proceeding for	141
the charitable public purpose of providing financial assistance to	142
legal aid societies that operate within the state. The municipal	143
court shall collect in its small claims division the sum of seven	144
dollars as additional filing fees in each new civil action or	145
proceeding for the charitable public purpose of providing	146
financial assistance to legal aid societies that operate within	147
the state. This division does not apply to any execution on a	148
judgment, proceeding in aid of execution, or other post-judgment	149
proceeding arising out of a civil action. The filing fees required	150
to be collected under this division shall be in addition to any	151
other court costs imposed in the action or proceeding and shall be	152
collected at the time of the filing of the action or proceeding.	153
The court shall not waive the payment of the additional filing	154
fees in a new civil action or proceeding unless the court waives	155
the advanced payment of all filing fees in the action or	156
proceeding. All such moneys shall be transmitted on the first	157
business day of each month by the clerk of the court to the	158
treasurer of state. The moneys then shall be deposited by the	159
treasurer of state to the credit of the legal aid fund established	160
under section 120.52 of the Revised Code.	161

The court may retain up to one per cent of the moneys it	162
collects under this division to cover administrative costs,	163
including the hiring of any additional personnel necessary to	164
implement this division.	165

(D) In the Cleveland municipal court, reasonable charges for	166
investigating titles of real estate to be sold or disposed of	167
under any writ or process of the court may be taxed as part of the	168
costs.	169

(E) Under the circumstances described in sections 2969.21 to	170
2969.27 of the Revised Code, the clerk of the municipal court	171
shall charge the fees and perform the other duties specified in	172
those sections.	173

Section 2. That existing section 1901.26 of the Revised Code	174
is hereby repealed.	175

Section 3. Nothwithstanding Section 502.03 of Am. Sub. H.B.	176
66 of the 126th General Assembly, the assets of funds that at the	177
time that section took effect were invested in investments that	178
are prohibited by section 4121.12 of the Revised Code and the	179
assets of funds that, in the twelve months immediately preceding	180
the effective date of that section, had been invested in	181
investments that are prohibited by section 4121.12 of the Revised	182
Code shall be divested in the most expedient time possible to	183
obtain the maximum value during the liquidation unless the assets	184
are being held as evidence in a criminal investigation or	185
prosecution. If the assets are being held as evidence in a	186
criminal investigation or prosecution, the assets shall be	187
divested in the most expedient time possible to obtain the maximum	188
value during the liquidation after the investigation or	189
prosecution has concluded.	190