Am. H. B. No. 226 As Reported by the House Judiciary Committee

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

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. No fee in the schedule shall be higher 24
than the fee specified in section 311.17 of the Revised Code for 25
the performance of the same service by the sheriff. If a fee 26
established in the schedule conflicts with a fee for the same 27
service established in another section of the Revised Code or a 28
rule of court, the fee established in the other section of the 29
Revised Code or the rule of court shall apply. 30

        (ii) When an officer or employee of a municipal police 31
department or marshal's office performs in a civil, criminal, or 32
traffic action or proceeding in a municipal court a service 33
specified in section 311.17 or 509.15 of the Revised Code for 34
which a taxable fee has been established under this or any other 35
section of the Revised Code, the applicable legal fees and any 36
other extraordinary expenses, including overtime, provided for the 37
service shall be taxed as costs in the case. The clerk of the 38
court shall pay those legal fees and other expenses, when 39
collected, into the general fund of the municipal corporation that 40
employs the officer or employee. 41

        (iii) If a bailiff of a municipal court performs in a civil, 42
criminal, or traffic action or proceeding in that court a service 43
specified in section 311.17 or 509.15 of the Revised Code for 44
which a taxable fee has been established under this section or any 45
other section of the Revised Code, the fee for the service is the 46
same and is taxable to the same extent as if the service had been 47
performed by an officer or employee of the police department or 48
marshal's office of the municipal corporation in which the court 49
is located. The clerk of that court shall pay the fee, when 50
collected, into the general fund of the entity or entities that 51
fund the bailiff's salary, in the same pro-rated amount as the 52
salary is funded. 53

        (iv) Division (A)(1)(b) of this section does not authorize or 54
require any officer or employee of a police department or 55
marshal's office of a municipal corporation or any bailiff of a 56
municipal court to perform any service not otherwise authorized by 57
law. 58

       (2) The municipal court, by rule, may require an advance 59
deposit for the filing of any civil action or proceeding and 60
publication fees as provided in section 2701.09 of the Revised 61
Code. The court may waive the requirement for advance deposit upon 62
affidavit or other evidence that a party is unable to make the 63
required deposit. 64

       (3) When a jury trial is demanded in any civil action or 65
proceeding, the party making the demand may be required to make an 66
advance deposit as fixed by rule of court, unless, upon affidavit 67
or other evidence, the court concludes that the party is unable to 68
make the required deposit. If a jury is called, the fees of a jury 69
shall be taxed as costs. 70

       (4) In any civil or criminal action or proceeding, witnesses' 71
fees shall be fixed in accordance with sections 2335.06 and 72
2335.08 of the Revised Code. 73

       (5) A reasonable charge for driving, towing, carting, 74
storing, keeping, and preserving motor vehicles and other personal 75
property recovered or seized in any proceeding may be taxed as 76
part of the costs in a trial of the cause, in an amount that shall 77
be fixed by rule of court. 78

       (6) Chattel property seized under any writ or process issued 79
by the court shall be preserved pending final disposition for the 80
benefit of all persons interested and may be placed in storage 81
when necessary or proper for that preservation. The custodian of 82
any chattel property so stored shall not be required to part with 83
the possession of the property until a reasonable charge, to be 84
fixed by the court, is paid. 85

       (7) The municipal court, as it determines, may refund all 86
deposits and advance payments of fees and costs, including those 87
for jurors and summoning jurors, when they have been paid by the 88
losing party. 89

       (8) Charges for the publication of legal notices required by 90
statute or order of court may be taxed as part of the costs, as 91
provided by section 7.13 of the Revised Code. 92

       (B)(1) The municipal court may determine that, for the 93
efficient operation of the court, additional funds are necessary 94
to acquire and pay for special projects of the court including, 95
but not limited to, the acquisition of additional facilities or 96
the rehabilitation of existing facilities, the acquisition of 97
equipment, the hiring and training of staff, community service 98
programs, mediation or dispute resolution services, the employment 99
of magistrates, the training and education of judges, acting 100
judges, and magistrates, and other related services. Upon that 101
determination, the court by rule may charge a fee, in addition to 102
all other court costs, on the filing of each criminal cause, civil 103
action or proceeding, or judgment by confession. 104

       If the municipal court offers a special program or service in 105
cases of a specific type, the municipal court by rule may assess 106
an additional charge in a case of that type, over and above court 107
costs, to cover the special program or service. The municipal 108
court shall adjust the special assessment periodically, but not 109
retroactively, so that the amount assessed in those cases does not 110
exceed the actual cost of providing the service or program. 111

       All moneys collected under division (B) of this section shall 112
be paid to the county treasurer if the court is a county-operated 113
municipal court or to the city treasurer if the court is not a 114
county-operated municipal court for deposit into either a general 115
special projects fund or a fund established for a specific special 116
project. Moneys from a fund of that nature shall be disbursed upon 117
an order of the court in an amount no greater than the actual cost 118
to the court of a project. If a specific fund is terminated 119
because of the discontinuance of a program or service established 120
under division (B) of this section, the municipal court may order 121
that moneys remaining in the fund be transferred to an account 122
established under this division for a similar purpose. 123

       (2) As used in division (B) of this section: 124

       (a) "Criminal cause" means a charge alleging the violation of 125
a statute or ordinance, or subsection of a statute or ordinance, 126
that requires a separate finding of fact or a separate plea before 127
disposition and of which the defendant may be found guilty, 128
whether filed as part of a multiple charge on a single summons, 129
citation, or complaint or as a separate charge on a single 130
summons, citation, or complaint. "Criminal cause" does not include 131
separate violations of the same statute or ordinance, or 132
subsection of the same statute or ordinance, unless each charge is 133
filed on a separate summons, citation, or complaint. 134

       (b) "Civil action or proceeding" means any civil litigation 135
that must be determined by judgment entry. 136

       (C) The municipal court shall collect in all its divisions 137
except the small claims division the sum of fifteen dollars as 138
additional filing fees in each new civil action or proceeding for 139
the charitable public purpose of providing financial assistance to 140
legal aid societies that operate within the state. The municipal 141
court shall collect in its small claims division the sum of seven 142
dollars as additional filing fees in each new civil action or 143
proceeding for the charitable public purpose of providing 144
financial assistance to legal aid societies that operate within 145
the state. This division does not apply to any execution on a 146
judgment, proceeding in aid of execution, or other post-judgment 147
proceeding arising out of a civil action. The filing fees required 148
to be collected under this division shall be in addition to any 149
other court costs imposed in the action or proceeding and shall be 150
collected at the time of the filing of the action or proceeding. 151
The court shall not waive the payment of the additional filing 152
fees in a new civil action or proceeding unless the court waives 153
the advanced payment of all filing fees in the action or 154
proceeding. All such moneys shall be transmitted on the first 155
business day of each month by the clerk of the court to the 156
treasurer of state. The moneys then shall be deposited by the 157
treasurer of state to the credit of the legal aid fund established 158
under section 120.52 of the Revised Code. 159

       The court may retain up to one per cent of the moneys it 160
collects under this division to cover administrative costs, 161
including the hiring of any additional personnel necessary to 162
implement this division. 163

       (D) In the Cleveland municipal court, reasonable charges for 164
investigating titles of real estate to be sold or disposed of 165
under any writ or process of the court may be taxed as part of the 166
costs. 167

       (E) Under the circumstances described in sections 2969.21 to 168
2969.27 of the Revised Code, the clerk of the municipal court 169
shall charge the fees and perform the other duties specified in 170
those sections. 171

       Section 2. That existing section 1901.26 of the Revised Code 172
is hereby repealed. 173

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. No fee in the schedule shall be higher	24
than the fee specified in section 311.17 of the Revised Code for	25
the performance of the same service by the sheriff. If a fee	26
established in the schedule conflicts with a fee for the same	27
service established in another section of the Revised Code or a	28
rule of court, the fee established in the other section of the	29
Revised Code or the rule of court shall apply.	30

(ii) When an officer or employee of a municipal police	31
department or marshal's office performs in a civil, criminal, or	32
traffic action or proceeding in a municipal court a service	33
specified in section 311.17 or 509.15 of the Revised Code for	34
which a taxable fee has been established under this or any other	35
section of the Revised Code, the applicable legal fees and any	36
other extraordinary expenses, including overtime, provided for the	37
service shall be taxed as costs in the case. The clerk of the	38
court shall pay those legal fees and other expenses, when	39
collected, into the general fund of the municipal corporation that	40
employs the officer or employee.	41

(iii) If a bailiff of a municipal court performs in a civil,	42
criminal, or traffic action or proceeding in that court a service	43
specified in section 311.17 or 509.15 of the Revised Code for	44
which a taxable fee has been established under this section or any	45
other section of the Revised Code, the fee for the service is the	46
same and is taxable to the same extent as if the service had been	47
performed by an officer or employee of the police department or	48
marshal's office of the municipal corporation in which the court	49
is located. The clerk of that court shall pay the fee, when	50
collected, into the general fund of the entity or entities that	51
fund the bailiff's salary, in the same pro-rated amount as the	52
salary is funded.	53

(iv) Division (A)(1)(b) of this section does not authorize or	54
require any officer or employee of a police department or	55
marshal's office of a municipal corporation or any bailiff of a	56
municipal court to perform any service not otherwise authorized by	57
law.	58

(2) The municipal court, by rule, may require an advance	59
deposit for the filing of any civil action or proceeding and	60
publication fees as provided in section 2701.09 of the Revised	61
Code. The court may waive the requirement for advance deposit upon	62
affidavit or other evidence that a party is unable to make the	63
required deposit.	64

(3) When a jury trial is demanded in any civil action or	65
proceeding, the party making the demand may be required to make an	66
advance deposit as fixed by rule of court, unless, upon affidavit	67
or other evidence, the court concludes that the party is unable to	68
make the required deposit. If a jury is called, the fees of a jury	69
shall be taxed as costs.	70

(4) In any civil or criminal action or proceeding, witnesses'	71
fees shall be fixed in accordance with sections 2335.06 and	72
2335.08 of the Revised Code.	73

(5) A reasonable charge for driving, towing, carting,	74
storing, keeping, and preserving motor vehicles and other personal	75
property recovered or seized in any proceeding may be taxed as	76
part of the costs in a trial of the cause, in an amount that shall	77
be fixed by rule of court.	78

(6) Chattel property seized under any writ or process issued	79
by the court shall be preserved pending final disposition for the	80
benefit of all persons interested and may be placed in storage	81
when necessary or proper for that preservation. The custodian of	82
any chattel property so stored shall not be required to part with	83
the possession of the property until a reasonable charge, to be	84
fixed by the court, is paid.	85

(7) The municipal court, as it determines, may refund all	86
deposits and advance payments of fees and costs, including those	87
for jurors and summoning jurors, when they have been paid by the	88
losing party.	89

(8) Charges for the publication of legal notices required by	90
statute or order of court may be taxed as part of the costs, as	91
provided by section 7.13 of the Revised Code.	92

(B)(1) The municipal court may determine that, for the	93
efficient operation of the court, additional funds are necessary	94
to acquire and pay for special projects of the court including,	95
but not limited to, the acquisition of additional facilities or	96
the rehabilitation of existing facilities, the acquisition of	97
equipment, the hiring and training of staff, community service	98
programs, mediation or dispute resolution services, the employment	99
of magistrates, the training and education of judges, acting	100
judges, and magistrates, and other related services. Upon that	101
determination, the court by rule may charge a fee, in addition to	102
all other court costs, on the filing of each criminal cause, civil	103
action or proceeding, or judgment by confession.	104

If the municipal court offers a special program or service in	105
cases of a specific type, the municipal court by rule may assess	106
an additional charge in a case of that type, over and above court	107
costs, to cover the special program or service. The municipal	108
court shall adjust the special assessment periodically, but not	109
retroactively, so that the amount assessed in those cases does not	110
exceed the actual cost of providing the service or program.	111

All moneys collected under division (B) of this section shall	112
be paid to the county treasurer if the court is a county-operated	113
municipal court or to the city treasurer if the court is not a	114
county-operated municipal court for deposit into either a general	115
special projects fund or a fund established for a specific special	116
project. Moneys from a fund of that nature shall be disbursed upon	117
an order of the court in an amount no greater than the actual cost	118
to the court of a project. If a specific fund is terminated	119
because of the discontinuance of a program or service established	120
under division (B) of this section, the municipal court may order	121
that moneys remaining in the fund be transferred to an account	122
established under this division for a similar purpose.	123

(a) "Criminal cause" means a charge alleging the violation of	125
a statute or ordinance, or subsection of a statute or ordinance,	126
that requires a separate finding of fact or a separate plea before	127
disposition and of which the defendant may be found guilty,	128
whether filed as part of a multiple charge on a single summons,	129
citation, or complaint or as a separate charge on a single	130
summons, citation, or complaint. "Criminal cause" does not include	131
separate violations of the same statute or ordinance, or	132
subsection of the same statute or ordinance, unless each charge is	133
filed on a separate summons, citation, or complaint.	134

(b) "Civil action or proceeding" means any civil litigation	135
that must be determined by judgment entry.	136

(C) The municipal court shall collect in all its divisions	137
except the small claims division the sum of fifteen dollars as	138
additional filing fees in each new civil action or proceeding for	139
the charitable public purpose of providing financial assistance to	140
legal aid societies that operate within the state. The municipal	141
court shall collect in its small claims division the sum of seven	142
dollars as additional filing fees in each new civil action or	143
proceeding for the charitable public purpose of providing	144
financial assistance to legal aid societies that operate within	145
the state. This division does not apply to any execution on a	146
judgment, proceeding in aid of execution, or other post-judgment	147
proceeding arising out of a civil action. The filing fees required	148
to be collected under this division shall be in addition to any	149
other court costs imposed in the action or proceeding and shall be	150
collected at the time of the filing of the action or proceeding.	151
The court shall not waive the payment of the additional filing	152
fees in a new civil action or proceeding unless the court waives	153
the advanced payment of all filing fees in the action or	154
proceeding. All such moneys shall be transmitted on the first	155
business day of each month by the clerk of the court to the	156
treasurer of state. The moneys then shall be deposited by the	157
treasurer of state to the credit of the legal aid fund established	158
under section 120.52 of the Revised Code.	159

The court may retain up to one per cent of the moneys it	160
collects under this division to cover administrative costs,	161
including the hiring of any additional personnel necessary to	162
implement this division.	163

(D) In the Cleveland municipal court, reasonable charges for	164
investigating titles of real estate to be sold or disposed of	165
under any writ or process of the court may be taxed as part of the	166
costs.	167

(E) Under the circumstances described in sections 2969.21 to	168
2969.27 of the Revised Code, the clerk of the municipal court	169
shall charge the fees and perform the other duties specified in	170
those sections.	171

Section 2. That existing section 1901.26 of the Revised Code	172
is hereby repealed.	173