As Introduced

127th General Assembly
Regular Session
2007-2008
H. B. No. 564


Representative Stebelton 

Cosponsor: Representative Huffman 

A BILL
To amend section 2101.16, 2101.162, 2101.17, 2111.51, 1
2113.031, and 2303.201 of the Revised Code to 2
increase certain fees charged by the probate 3
court.4


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

       Section 1. That sections 2101.16, 2101.162, 2101.17, 2111.51, 5
2113.031, and 2303.201 of the Revised Code be amended to read as 6
follows:7

       Sec. 2101.16.  (A) Except as provided in section 2101.164 of 8
the Revised Code, the fees enumerated in this division shall be 9
charged and collected, if possible, by the probate judge and shall 10
be in full for all services rendered in the respective11
proceedings:12

(1) Account, in addition to advertising charges 13
$ 12.00 20.00 14
Waivers and proof of notice of hearing on account, per page, minimum one dollar 15
$ 1.00 2.00 16
(2) Account of distribution, in addition to advertising charges 17
$ 7.00 18
(3) Adoption of child, petition for 19
$ 50.00 60.00 20
(4)(3) Alter or cancel contract for sale or purchase of real estate, petition to 21
$ 20.00 35.00 22
(5)(4) Application and Entry or order not otherwise provided for in this section or by rule adopted pursuant to division (E) of this section 23
$ 5.00 10.00 24
(6)(5) Appropriation suit, per day, hearing in 25
$ 20.00 35.00 26
(7)(6) Birth, application for registration of 27
$ 7.00 15.00 28
(8)(7) Birth record, application to correct 29
$ 5.00 10.00 30
(9)(8) Bond, application for new or additional 31
$ 5.00 10.00 32
(10)(9) Bond, application for release of surety or reduction of 33
$ 5.00 10.00 34
(11)(10) Bond, receipt for securities deposited in lieu of 35
$ 5.00 10.00 36
(12)(11) Certified copy of journal entry, record, or proceeding, per page, minimum fee one dollar 37
$ 1.00 2.00 38
(13)(12) Citation and issuing citation, application for 39
$ 5.00 10.00 40
(14)(13) Change of name, petition for 41
$ 20.00 35.00 42
(15)(14) Claim, application of administrator or executor for allowance of administrator's or executor's own 43
$ 10.00 20.00 44
(16)(15) Claim, application to compromise or settle 45
$ 10.00 20.00 46
(17)(16) Claim, authority to present 47
$ 10.00 20.00 48
(18)(17) Commissioner, appointment of 49
$ 5.00 10.00 50
(19)(18) Compensation for extraordinary services and attorney's fees for fiduciary, application for 51
$ 5.00 10.00 52
(20)(19) Competency, application to procure adjudication of 53
$ 20.00 35.00 54
(21)(20) Complete contract, application to 55
$ 10.00 20.00 56
(22)(21) Concealment of assets, citation for 57
$ 10.00 20.00 58
(23)(22) Construction of will, petition for 59
$ 20.00 35.00 60
(24)(23) Continue decedent's business, application to 61
$ 10.00 20.00 62
Monthly reports of operation 63
$ 5.00 10.00 64
(25)(24) Declaratory judgment, petition for 65
$ 20.00 35.00 66
(26)(25) Deposit of will 67
$ 5.00 10.00 68
(27)(26) Designation of heir 69
$ 20.00 35.00 70
(28)(27) Distribution in kind, application, assent, and order for 71
$ 5.00 10.00 72
(29)(28) Distribution under section 2109.36 of the Revised Code, application for an order of 73
$ 7.00 15.00 74
(30)(29) Docketing and indexing proceedings, including the filing and noting of all necessary documents, maximum fee, fifteen dollars 75
$ 15.00 30.00 76
(31)(30) Exceptions to any proceeding named in this section, contest of appointment or 77
$ 10.00 20.00 78
(32)(31) Election of surviving partner to purchase assets of partnership, proceedings relating to 79
$ 10.00 20.00 80
(33)(32) Election of surviving spouse under will 81
$ 5.00 10.00 82
(34)(33) Fiduciary, including an assignee or trustee of an insolvent debtor or any guardian or conservator accountable to the probate court, appointment of 83
$ 35.00 55.00 84
(35)(34) Foreign will, application to record 85
$ 10.00 20.00 86
Record of foreign will, additional, per page 87
$ 1.00 2.00 88
(36)(35) Forms, per case, when supplied made available by the probate court, not to exceed 89
$ 10.00 20.00 90
(37)(36) Heirship, petition to determine 91
$ 20.00 35.00 92
(38)(37) Injunction proceedings 93
$ 20.00 35.00 94
(39)(38) Improve real estate, petition to 95
$ 20.00 35.00 96
(40)(39) Inventory with appraisement 97
$ 10.00 20.00 98
(41) Inventory without appraisement 99
$ 7.00 100
(42)(40) Investment or expenditure of funds, application and entry for 101
$ 10.00 20.00 102
(43)(41) Invest in real estate, application to 103
$ 10.00 20.00 104
(44)(42) Lease for oil, gas, coal, or other mineral, petition to 105
$ 20.00 35.00 106
(45)(43) Lease or lease and improve real estate, petition to 107
$ 20.00 35.00 108
(46)(44) Marriage license 109
$ 10.00 20.00 110
Certified abstract of each marriage 111
$ 2.00 5.00 112
(47)(45) Minor or mentally ill person, etc., disposal of estate under ten thousand dollars of 113
$ 10.00 20.00 114
(48)(46) Mortgage or mortgage and repair or improve real estate, petition to 115
$ 20.00 35.00 116
(49)(47) Newly discovered assets, report of 117
$ 7.00 20.00 118
(50)(48) Nonresident executor or administrator to bar creditors' claims, proceedings by 119
$ 20.00 35.00 120
(51)(49) Power of attorney or revocation of power, bonding company 121
$ 10.00 50.00 122
(52)(50) Presumption of death, petition to establish 123
$ 20.00 35.00 124
(53)(51) Probating will 125
$ 15.00 25.00 126
Proof of notice to beneficiaries 127
$ 5.00 128
(54)(52) Purchase personal property, application of surviving spouse to 129
$ 10.00 20.00 130
(55)(53) Purchase real estate at appraised value, petition of surviving spouse to 131
$ 20.00 35.00 132
(56)(54) Receipts in addition to advertising charges, application and order to record 133
$ 5.00 10.00 134
Record of those receipts, additional, per page 135
$ 1.00 2.00 136
(57)(55) Record in excess of fifteen hundred words five pages in any proceeding in the probate court, per page 137
$ 1.00 2.00 138
(58)(56) Release of estate by mortgagee or other lienholder 139
$ 5.00 10.00 140
(59)(57) Relieving an estate from administration under section 2113.03 of the Revised Code or granting an order for a summary release from administration under section 2113.031 of the Revised Code 141
$ 60.00 142
(60)(58) Removal of fiduciary, application for 143
$ 10.00 20.00 144
(61)(59) Requalification of executor or administrator 145
$ 10.00 20.00 146
(62)(60) Resignation of fiduciary 147
$ 5.00 10.00 148
(63)(61) Sale bill, public sale of personal property 149
$ 10.00 20.00 150
(64)(62) Sale of personal property and report, application for 151
$ 10.00 20.00 152
(65)(63) Sale of real estate, petition for 153
$ 25.00 50.00 154
(66)(64) Terminate guardianship, petition application and entry to 155
$ 10.00 20.00 156
(67)(65) Transfer of real estate, application, entry, and certificate for 157
$ 7.00 15.00 158
(68)(66) Unclaimed money, application to invest 159
$ 7.00 12.00 160
(69)(67) Vacate approval of account or order of distribution, motion to 161
$ 10.00 20.00 162
(70)(68) Writ of execution 163
$ 5.00 10.00 164
(71)(69) Writ of possession 165
$ 5.00 20.00 166
(72)(70) Wrongful death, application and settlement of claim for 167
$ 20.00 35.00 168
(73)(71) Year's allowance, petition to review 169
$ 7.00 15.00 170
(74)(72) Guardian's report, filing and review of 171
$ 5.00 10.00 172

       (B)(1) In relation to an application for the appointment of a173
guardian or the review of a report of a guardian under section174
2111.49 of the Revised Code, the probate court, pursuant to court175
order or in accordance with a court rule, may direct that the176
applicant or the estate pay any or all of the expenses of an177
investigation conducted pursuant to section 2111.041 or division178
(A)(2) of section 2111.49 of the Revised Code. If the179
investigation is conducted by a public employee or investigator180
who is paid by the county, the fees for the investigation shall be 181
paid into the county treasury. If the court finds that an alleged 182
incompetent or a ward is indigent, the court may waive the costs, 183
fees, and expenses of an investigation.184

       (2) In relation to the appointment or functioning of a 185
guardian for a minor or the guardianship of a minor, the probate 186
court may direct that the applicant or the estate pay any or all 187
of the expenses of an investigation conducted pursuant to section 188
2111.042 of the Revised Code. If the investigation is conducted by 189
a public employee or investigator who is paid by the county, the190
fees for the investigation shall be paid into the county treasury. 191
If the court finds that the guardian or applicant is indigent, the 192
court may waive the costs, fees, and expenses of an investigation.193

       (C) ThirtyFifteen dollars of the thirty-dollar fee collected 194
pursuant to division (A)(29) of this section, fifty dollars of the 195
thirty-five-dollarfifty-five-dollar fee collected pursuant to 196
division (A)(34)(33) of this section, ten dollars of the 197
twenty-dollar fee collected pursuant to division (A)(44) of this 198
section, and twentythirty dollars of the sixty-dollar fee 199
collected pursuant to division (A)(59)(57) of this section shall 200
be deposited by the county treasurer in the indigent guardianship 201
fund created pursuant to section 2111.51 of the Revised Code.202

       (D) The fees of witnesses, jurors, sheriffs, coroners, and203
constables for services rendered in the probate court or by order204
of the probate judge shall be the same as provided for like205
services in the court of common pleas.206

       (E) The probate court, by rule, may require an advance207
deposit for costs, not to exceed onetwo hundred twenty-fivefifty208
dollars plus the cost of publication, at the time application is 209
made for an appointment as executor or administrator or at the 210
time a will is presented for probate.211

       (F) The probate court, by rule, shall establish a reasonable 212
fee, not to exceed fifty dollars, for the filing of a petition for 213
the release of information regarding an adopted person's name by 214
birth and the identity of the adopted person's biological parents 215
and biological siblings pursuant to section 3107.41 of the Revised 216
Code, all proceedings relative to the petition, the entry of an 217
order relative to the petition, and all services required to be 218
performed in connection with the petition. The probate court may 219
use a reasonable portion of a fee charged under authority of this 220
division to reimburse any agency, as defined in section 3107.39 of 221
the Revised Code, for any services it renders in performing a task 222
described in section 3107.41 of the Revised Code relative to or in 223
connection with the petition for which the fee was charged.224

       (G)(1) Thirty dollars of the fifty-dollarsixty-dollar fee 225
collected pursuant to division (A)(3)(2) of this section shall be 226
deposited into the "putative father registry fund," which is 227
hereby created in the state treasury. The department of job and 228
family services shall use the money in the fund to fund the 229
department's costs of performing its duties related to the 230
putative father registry established under section 3107.062 of 231
the Revised Code.232

       (2) If the department determines that money in the putative 233
father registry fund is more than is needed for its duties related 234
to the putative father registry, the department may use the 235
surplus moneys in the fund as permitted in division (C) of section 236
2151.3529, division (B) of section 2151.3530, or section 5103.155 237
of the Revised Code.238

       Sec. 2101.162.  (A)(1) The probate judge may determine that, 239
for the efficient operation of the probate court, additional funds 240
are required to computerize the court, make available computerized 241
legal research services, or to do both. Upon making a 242
determination that additional funds are required for either or 243
both of those purposes, the probate judge shall charge a fee not 244
to exceed threefive dollars or authorize and direct a deputy 245
clerk of histhe probate court to charge a fee not to exceed three246
five dollars, in addition to the fees specified in divisions 247
(A)(1), (2), (3), (4), (6)(5), (14)(13) to (17)(16), (20)(19) to 248
(25)(24), (27)(26), (30)(29) to (32)(31), (33), (34), (35), 249
(37)(36) to (48)(46), (50)(48) to (55)(53), (57) to (59) to, (61), 250
(63) to (66), (69)to (64), (67), and (72)(70) of section 2101.16 251
of the Revised Code, the fee adopted pursuant to division (F) of 252
that section, and the fee charged in connection with the docketing 253
and indexing of an appeal.254

       (2) All moneys collected under division (A)(1) of this255
section shall be paid to the county treasurer. The treasurer shall 256
place the moneys from the fees in a separate fund to be disbursed, 257
upon an order of the probate judge, in an amount no greater than 258
the actual cost to the court of procuring and maintaining 259
computerization of the court, computerized legal research 260
services, or both.261

       (3) If the court determines that the funds in the fund262
described in division (A)(2) of this section are more than263
sufficient to satisfy the purpose for which the additional fee264
described in division (A)(1) of this section was imposed, the265
court may declare a surplus in the fund and expend those surplus266
funds for other appropriate technological expenses of the court.267

       (B)(1) The probate judge may determine that, for the268
efficient operation of histhe probate court, additional funds are 269
required to computerize the office of the clerk of the court and, 270
upon that determination, may charge a fee, not to exceed ten271
fifteen dollars, or authorize and direct a deputy clerk of the 272
probate court to charge a fee, not to exceed tenfifteen dollars, 273
in addition to the fees specified in divisions (A)(1), (2), (3), 274
(4), (6)(5), (14)(13) to (17)(16), (20)(19) to (25)(24), (27)(26), 275
(30)(29) to (32)(31), (33), (34), (35), (37)(36) to (48)(46), 276
(50)(48) to (55)(53), (57) to (59) to, (61), (63) to (66), (69)to 277
(64), (67), and (72)(70) of section 2101.16 of the Revised Code, 278
the fee adopted pursuant to division (F) of that section, and the 279
fee charged in connection with the docketing and indexing of an 280
appeal. Subject to division (B)(2) of this section, all moneys 281
collected under this division shall be paid to the county 282
treasurer to be disbursed, upon an order of the probate judge and 283
subject to appropriation by the board of county commissioners, in 284
an amount no greater than the actual cost to the probate court of 285
procuring and maintaining computer systems for the office of the 286
clerk of the court.287

       (2) If the probate judge makes the determination described in 288
division (B)(1) of this section, the board of county commissioners 289
may issue one or more general obligation bonds for the purpose of 290
procuring and maintaining the computer systems for the office of 291
the clerk of the probate court. In addition to the purposes stated 292
in division (B)(1) of this section for which the moneys collected 293
under that division may be expended, the moneys additionally may 294
be expended to pay debt charges on and financing costs related to 295
any general obligation bonds issued pursuant to this division as 296
they become due. General obligation bonds issued pursuant to this 297
division are Chapter 133. securities.298

       Sec. 2101.17.  The fees enumerated in this section shall be299
paid to the probate court from the county treasury upon the300
warrant of the county auditor which shall issue upon the301
certificate of the probate judge and shall be in full for all302
services rendered in the respective proceedings as follows:303

(A) For each hearing to determine if a person is a mentally ill individual subject to hospitalization when the person is committed to a state hospital or to relatives 304
 $ 12.00 40.00; 305
(B) When the person is discharged 306
7.00 25.00; 307
(C) For order of return of a mentally ill person to a state hospital or removal therefrom 308
2.00 10.00; 309
(D) For proceedings for committing a person to an institution for the mentally retarded 310
10.00 35.00; 311
(E) For habeas corpus proceedings when a person is confined under color of proceedings in a criminal case and is discharged 312
10.00 35.00; 313
(F) When acting as a juvenile judge, for each case filed against a delinquency delinquent, dependent, unruly, or neglected child, or a juvenile traffic offender 314
5.00 20.00; 315
(G) For proceedings to take a child from parents or other persons having control thereof 316
5.00 20.00. 317

       Sec. 2111.51.  Each county shall establish in the county318
treasury an indigent guardianship fund. All revenue that the319
general assembly appropriates to the indigent guardianship fund320
for a county, thirtyfifteen dollars of the thirty-dollar fee 321
collected pursuant to division (A)(29) of section 2101.16 of the 322
Revised Code, fifty dollars of the thirty-five-dollar323
fifty-five-dollar fee collected pursuant to division (A)(34)(33)324
of that section 2101.16 of the Revised Code, ten dollars of the 325
twenty-dollar fee collected pursuant to division (A)(44) of that 326
section, and twentythirty dollars of the sixty-dollar fee327
collected pursuant to division (A)(59)()(57) of that section 328
shall be deposited into the fund that is established in that 329
county. Expenditures from the fund shall be made only upon order 330
of the probate judge and only for payment of any cost, fee, 331
charge, or expense associated with the establishment, opening, 332
maintenance, or termination of a guardianship for an indigent 333
ward.334

       If a probate court determines that there are reasonably335
sufficient funds in the indigent guardianship fund of the county336
in which the court is located to meet the needs of indigent337
guardianships in that county, the court, by order, may declare a338
surplus in the indigent guardianship fund and expend the surplus339
funds for other guardianship expenses or for other court purposes.340

       Sec. 2113.031.  (A) As used in this section:341

       (1) "Financial institution" has the same meaning as in342
section 5725.01 of the Revised Code. "Financial institution" also343
includes a credit union and a fiduciary that is not a trust344
company but that does trust business.345

       (2) "Funeral and burial expenses" means whichever of the346
following applies:347

       (a) The funeral and burial expenses of the decedent that are348
included in the bill of a funeral director;349

       (b) The funeral expenses of the decedent that are not350
included in the bill of a funeral director and that have been351
approved by the probate court;352

       (c) The funeral and burial expenses of the decedent that are353
described in divisions (A)(2)(a) and (b) of this section.354

       (3) "Surviving spouse" means either of the following:355

       (a) The surviving spouse of a decedent who died leaving the356
surviving spouse and no minor children;357

       (b) The surviving spouse of a decedent who died leaving the358
surviving spouse and minor children, all of whom are children of359
the decedent and the surviving spouse.360

       (B)(1) If the value of the assets of the decedent's estate361
does not exceed the lesser of five thousand dollars or the amount362
of the decedent's funeral and burial expenses, any person who is363
not a surviving spouse and who has paid or is obligated in writing364
to pay the decedent's funeral and burial expenses, including a 365
person described in section 2108.89 of the Revised Code, may apply 366
to the probate court for an order granting a summary release from367
administration in accordance with this section.368

       (2) If either of the following applies, the decedent's369
surviving spouse may apply to the probate court for an order370
granting a summary release from administration in accordance with371
this section:372

       (a) The decedent's funeral and burial expenses have been373
prepaid, and the value of the assets of the decedent's estate does374
not exceed the total of the following items:375

       (i) The allowance for support that is made under division (A) 376
of section 2106.13 of the Revised Code to the surviving spouse377
and, if applicable, to the decedent's minor children and that is378
distributable in accordance with division (B)(1) or (2) of that379
section;380

       (ii) An amount, not exceeding five thousand dollars, for the381
decedent's funeral and burial expenses referred to in division382
(A)(2)(c) of this section.383

       (b) The decedent's funeral and burial expenses have not been384
prepaid, the decedent's surviving spouse has paid or is obligated385
in writing to pay the decedent's funeral and burial expenses, and386
the value of the assets of the decedent's estate does not exceed387
the total of the items referred to in divisions (B)(2)(a)(i) and388
(ii) of this section.389

       (C) A probate court shall order a summary release from390
administration in connection with a decedent's estate only if the391
court finds that all of the following are satisfied:392

       (1) A person described in division (B)(1) of this section is393
the applicant for a summary release from administration, and the394
value of the assets of the decedent's estate does not exceed the395
lesser of five thousand dollars or the amount of the decedent's396
funeral and burial expenses, or the applicant for a summary397
release from administration is the decedent's surviving spouse,398
and the circumstances described in division (B)(2)(a) or (b) of399
this section apply.400

       (2) The application for a summary release from administration 401
does all of the following:402

       (a) Describes all assets of the decedent's estate that are403
known to the applicant;404

       (b) Is in the form that the supreme court prescribes pursuant 405
to its powers of superintendence under Section 5 of Article IV, 406
Ohio Constitution, and is consistent with the requirements of this 407
division;408

       (c) Has been signed and acknowledged by the applicant in the409
presence of a notary public or a deputy clerk of the probate410
court;411

       (d) Sets forth the following information if the decedent's412
estate includes a described type of asset:413

       (i) If the decedent's estate includes a motor vehicle, the414
motor vehicle's year, make, model, body type, manufacturer's415
vehicle identification number, certificate of title number, and416
date of death value;417

       (ii) If the decedent's estate includes an account maintained418
by a financial institution, that institution's name and the419
account's complete identifying number and date of death balance;420

       (iii) If the decedent's estate includes one or more shares of 421
stock or bonds, the total number of the shares and bonds and their 422
total date of death value and, for each share or bond, its serial 423
number, the name of its issuer, its date of death value, and, if 424
any, the name and address of its transfer agent.425

       (3) The application for a summary release from administration 426
is accompanied by all of the following that apply:427

       (a) A receipt, contract, written declaration as defined in 428
section 2108.70 of the Revised Code, or other document that429
confirms the applicant's payment or obligation to pay the430
decedent's funeral and burial expenses or, if applicable in the431
case of the decedent's surviving spouse, the prepayment of the432
decedent's funeral and burial expenses;433

       (b) An application for a certificate of transfer as described 434
in section 2113.61 of the Revised Code, if an interest in real435
property is included in the assets of the decedent's estate;436

       (c) The fee required by division (A)(59)(57) of section 437
2101.16 of the Revised Code.438

       (4) At the time of its determination on the application,439
there are no pending proceedings for the administration of the440
decedent's estate and no pending proceedings for relief of the441
decedent's estate from administration under section 2113.03 of the442
Revised Code.443

       (5) At the time of its determination on the application,444
there are no known assets of the decedent's estate other than the445
assets described in the application.446

       (D) If the probate court determines that the requirements of447
division (C) of this section are satisfied, the probate court448
shall issue an order that grants a summary release from449
administration in connection with the decedent's estate. The order 450
has, and shall specify that it has, all of the following effects:451

       (1) It relieves the decedent's estate from administration.452

       (2) It directs the delivery to the applicant of the453
decedent's personal property together with the title to that454
property.455

       (3) It directs the transfer to the applicant of the title to456
any interests in real property included in the decedent's estate.457

        (4) It eliminates the need for a financial institution,458
corporation, or other entity or person referred to in any459
provision of divisions (A) to (F) of section 5731.39 of the460
Revised Code to obtain, as otherwise would be required by any of461
those divisions, the written consent of the tax commissioner prior462
to the delivery, transfer, or payment to the applicant of an asset463
of the decedent's estate.464

       (E) A certified copy of an order that grants a summary465
release from administration together with a certified copy of the466
application for that order constitutes sufficient authority for a467
financial institution, corporation, or other entity or person468
referred to in divisions (A) to (F) of section 5731.39 of the469
Revised Code or for a clerk of a court of common pleas to transfer470
title to an asset of the decedent's estate to the applicant for471
the summary release from administration.472

       (F) This section does not affect the ability of qualified473
persons to file an application to relieve an estate from474
administration under section 2113.03 of the Revised Code or to475
file an application for the grant of letters testamentary or476
letters of administration in connection with the decedent's477
estate.478

       Sec. 2303.201.  (A)(1) The court of common pleas of any479
county may determine that for the efficient operation of the court480
additional funds are required to computerize the court, to make481
available computerized legal research services, or to do both.482
Upon making a determination that additional funds are required for483
either or both of those purposes, the court shall authorize and484
direct the clerk of the court of common pleas to charge one485
additional fee, not to exceed three dollars, on the filing of each486
cause of action or appeal under divisions (A), (Q), and (U) of487
section 2303.20 of the Revised Code.488

       (2) All fees collected under division (A)(1) of this section489
shall be paid to the county treasurer. The treasurer shall place490
the funds from the fees in a separate fund to be disbursed, upon491
an order of the court, in an amount not greater than the actual492
cost to the court of procuring and maintaining computerization of493
the court, computerized legal research services, or both.494

       (3) If the court determines that the funds in the fund495
described in division (A)(2) of this section are more than496
sufficient to satisfy the purpose for which the additional fee497
described in division (A)(1) of this section was imposed, the498
court may declare a surplus in the fund and expend those surplus499
funds for other appropriate technological expenses of the court.500

       (B)(1) The court of common pleas of any county may determine501
that, for the efficient operation of the court, additional funds502
are required to computerize the office of the clerk of the court503
of common pleas and, upon that determination, authorize and direct504
the clerk of the court of common pleas to charge an additional505
fee, not to exceed ten dollars, on the filing of each cause of506
action or appeal, on the filing, docketing, and endorsing of each507
certificate of judgment, or on the docketing and indexing of each508
aid in execution or petition to vacate, revive, or modify a509
judgment under divisions (A), (P), (Q), (T), and (U) of section510
2303.20 of the Revised Code. Subject to division (B)(2) of this511
section, all moneys collected under division (B)(1) of this512
section shall be paid to the county treasurer to be disbursed,513
upon an order of the court of common pleas and subject to514
appropriation by the board of county commissioners, in an amount515
no greater than the actual cost to the court of procuring and516
maintaining computer systems for the office of the clerk of the517
court of common pleas.518

       (2) If the court of common pleas of a county makes the519
determination described in division (B)(1) of this section, the520
board of county commissioners of that county may issue one or more521
general obligation bonds for the purpose of procuring and522
maintaining the computer systems for the office of the clerk of523
the court of common pleas. In addition to the purposes stated in524
division (B)(1) of this section for which the moneys collected525
under that division may be expended, the moneys additionally may526
be expended to pay debt charges on and financing costs related to527
any general obligation bonds issued pursuant to division (B)(2) of528
this section as they become due. General obligation bonds issued529
pursuant to division (B)(2) of this section are Chapter 133.530
securities.531

       (C) The court of common pleas shall collect the sum of 532
twenty-six dollars as additional filing fees in each new civil 533
action or proceeding for the charitable public purpose of 534
providing financial assistance to legal aid societies that operate 535
within the state and to support the office of the state public 536
defender. This division does not apply to proceedings concerning537
annulments, dissolutions of marriage, divorces, legal separation,538
spousal support, marital property or separate property539
distribution, support, or other domestic relations matters; to a540
juvenile division of a court of common pleas; to a probate541
division of a court of common pleas, except that the additional542
filing fees shall apply to name change, guardianship, and543
adoption, and decedents' estate proceedings; or to an execution on 544
a judgment, proceeding in aid of execution, or other post-judgment 545
proceeding arising out of a civil action. The filing fees required 546
to be collected under this division shall be in addition to any 547
other filing fees imposed in the action or proceeding and shall be 548
collected at the time of the filing of the action or proceeding. 549
The court shall not waive the payment of the additional filing 550
fees in a new civil action or proceeding unless the court waives 551
the advanced payment of all filing fees in the action or 552
proceeding. All such moneys collected during a month shall be 553
transmitted on or before the twentieth day of the following month 554
by the clerk of the court to the treasurer of state in a manner 555
prescribed by the treasurer of state or by the Ohio legal 556
assistance foundation. The treasurer of state shall deposit four 557
per cent of the funds collected under this division to the credit 558
of the civil case filing fee fund established under section 120.07 559
of the Revised Code and ninety-six per cent of the funds collected 560
under this division to the credit of the legal aid fund 561
established under section 120.52 of the Revised Code.562

       The court may retain up to one per cent of the moneys it563
collects under this division to cover administrative costs,564
including the hiring of any additional personnel necessary to565
implement this division.566

       (D) On and after the thirtieth day after December 9, 1994,567
the court of common pleas shall collect the sum of thirty-two568
dollars as additional filing fees in each new action or proceeding569
for annulment, divorce, or dissolution of marriage for the purpose570
of funding shelters for victims of domestic violence pursuant to571
sections 3113.35 to 3113.39 of the Revised Code. The filing fees572
required to be collected under this division shall be in addition573
to any other filing fees imposed in the action or proceeding and574
shall be collected at the time of the filing of the action or575
proceeding. The court shall not waive the payment of the576
additional filing fees in a new action or proceeding for577
annulment, divorce, or dissolution of marriage unless the court578
waives the advanced payment of all filing fees in the action or579
proceeding. On or before the twentieth day of each month, all580
moneys collected during the immediately preceding month pursuant581
to this division shall be deposited by the clerk of the court into582
the county treasury in the special fund used for deposit of583
additional marriage license fees as described in section 3113.34584
of the Revised Code. Upon their deposit into the fund, the moneys585
shall be retained in the fund and expended only as described in586
section 3113.34 of the Revised Code.587

       (E)(1) The court of common pleas may determine that, for the588
efficient operation of the court, additional funds are necessary589
to acquire and pay for special projects of the court, including,590
but not limited to, the acquisition of additional facilities or591
the rehabilitation of existing facilities, the acquisition of592
equipment, the hiring and training of staff, community service593
programs, mediation or dispute resolution services, the employment594
of magistrates, the training and education of judges, acting595
judges, and magistrates, and other related services. Upon that596
determination, the court by rule may charge a fee, in addition to597
all other court costs, on the filing of each criminal cause, civil598
action or proceeding, or judgment by confession.599

       If the court of common pleas offers a special program or600
service in cases of a specific type, the court by rule may assess601
an additional charge in a case of that type, over and above court602
costs, to cover the special program or service. The court shall603
adjust the special assessment periodically, but not retroactively,604
so that the amount assessed in those cases does not exceed the605
actual cost of providing the service or program.606

       All moneys collected under division (E) of this section shall607
be paid to the county treasurer for deposit into either a general608
special projects fund or a fund established for a specific special609
project. Moneys from a fund of that nature shall be disbursed upon 610
an order of the court in an amount no greater than the actual cost 611
to the court of a project. If a specific fund is terminated612
because of the discontinuance of a program or service established613
under division (E) of this section, the court may order that614
moneys remaining in the fund be transferred to an account615
established under this division for a similar purpose.616

       (2) As used in division (E) of this section:617

       (a) "Criminal cause" means a charge alleging the violation of618
a statute or ordinance, or subsection of a statute or ordinance,619
that requires a separate finding of fact or a separate plea before620
disposition and of which the defendant may be found guilty,621
whether filed as part of a multiple charge on a single summons,622
citation, or complaint or as a separate charge on a single623
summons, citation, or complaint. "Criminal cause" does not include624
separate violations of the same statute or ordinance, or625
subsection of the same statute or ordinance, unless each charge is626
filed on a separate summons, citation, or complaint.627

       (b) "Civil action or proceeding" means any civil litigation628
that must be determined by judgment entry.629

       Section 2. That existing sections 2101.16, 2101.162, 2101.17, 630
2111.51, 2113.031, and 2303.201 of the Revised Code are hereby 631
repealed.632