As Reported by the House Judiciary Committee

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


Representative Stebelton 

Cosponsors: Representatives Huffman, Blessing 

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
provide for the establishment by court rule of 3
certain fees charged by the probate 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 probate judge shall establish by rule, 9
charge, and collect, if possible, fees for services rendered in 10
proceedings enumerated in this division shall be charged and 11
collected, if possible, by the probate judge and, which fees shall 12
be in full for all services rendered in the respective13
proceedings. The fee established for services rendered in any 14
proceeding referred to in division (A)(2), (29), (33), (44), or 15
(57) of this section shall not be less than the amount of that fee 16
that must be deposited into a specific fund under division (C) or 17
(G) of this section. The probate judge may by rule modify any fee 18
previously established under this division. Not less than thirty 19
days before adopting a rule under this division, the probate judge 20
shall publish a notice in a newspaper of general circulation in 21
the county in which the probate court is located setting forth the 22
proposed rule. The probate judge shall establish fees for services 23
rendered in the following proceedings:24

(1) Account, in addition to advertising charges 25
$ 12.00; 26
Waivers and proof of notice of hearing on account, per page, minimum one dollar 27
$ 1.00; 28
(2) Account of distribution, in addition to advertising charges 29
$ 7.00; 30
(3) Adoption of child, petition for 31
$ 50.00; 32
(4)(3) Alter or cancel contract for sale or purchase of real estate, petition to 33
$ 20.00; 34
(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 35
$ 5.00; 36
(6)(5) Appropriation suit, per day, hearing in 37
$ 20.00; 38
(7)(6) Birth, application for registration of 39
$ 7.00; 40
(8)(7) Birth record, application to correct 41
$ 5.00; 42
(9)(8) Bond, application for new or additional 43
$ 5.00; 44
(10)(9) Bond, application for release of surety or reduction of 45
$ 5.00; 46
(11)(10) Bond, receipt for securities deposited in lieu of 47
$ 5.00; 48
(12)(11) Certified copy of journal entry, record, or proceeding, per page, minimum fee one dollar 49
$ 1.00; 50
(13)(12) Citation and issuing citation, application for 51
$ 5.00; 52
(14)(13) Change of name, petition for 53
$ 20.00; 54
(15)(14) Claim, application of administrator or executor for allowance of administrator's or executor's own 55
$ 10.00; 56
(16)(15) Claim, application to compromise or settle 57
$ 10.00; 58
(17)(16) Claim, authority to present 59
$ 10.00; 60
(18)(17) Commissioner, appointment of 61
$ 5.00; 62
(19)(18) Compensation for extraordinary services and attorney's fees for fiduciary, application for 63
$ 5.00; 64
(20)(19) Competency, application to procure adjudication of 65
$ 20.00; 66
(21)(20) Complete contract, application to 67
$ 10.00; 68
(22)(21) Concealment of assets, citation for 69
$ 10.00; 70
(23)(22) Construction of will, petition for 71
$ 20.00; 72
(24)(23) Continue decedent's business, application to 73
$ 10.00; 74
Monthly reports of operation 75
$ 5.00; 76
(25)(24) Declaratory judgment, petition for 77
$ 20.00; 78
(26)(25) Deposit of will 79
$ 5.00; 80
(27)(26) Designation of heir 81
$ 20.00; 82
(28)(27) Distribution in kind, application, assent, and order for 83
$ 5.00; 84
(29)(28) Distribution under section 2109.36 of the Revised Code, application for an order of 85
$ 7.00; 86
(30)(29) Docketing and indexing proceedings, including the filing and noting of all necessary documents, maximum fee, fifteen dollars 87
$ 15.00; 88
(31)(30) Exceptions to any proceeding named in this section, contest of appointment or 89
$ 10.00; 90
(32)(31) Election of surviving partner to purchase assets of partnership, proceedings relating to 91
$ 10.00; 92
(33)(32) Election of surviving spouse under will 93
$ 5.00; 94
(34)(33) Fiduciary, including an assignee or trustee of an insolvent debtor or any guardian or conservator accountable to the probate court, appointment of 95
$ 35.00; 96
(35)(34) Foreign will, application to record 97
$ 10.00; 98
Record of foreign will, additional, per page 99
$ 1.00; 100
(36)(35) Forms, per case, when supplied made available by the probate court, not to exceed 101
$ 10.00; 102
(37)(36) Heirship, petition to determine 103
$ 20.00; 104
(38)(37) Injunction proceedings 105
$ 20.00; 106
(39)(38) Improve real estate, petition to 107
$ 20.00; 108
(40)(39) Inventory with appraisement 109
$ 10.00 110
(41) Inventory without appraisement 111
$ 7.00; 112
(42)(40) Investment or expenditure of funds, application and entry for 113
$ 10.00; 114
(43)(41) Invest in real estate, application to 115
$ 10.00; 116
(44)(42) Lease for oil, gas, coal, or other mineral, petition to 117
$ 20.00; 118
(45)(43) Lease or lease and improve real estate, petition to 119
$ 20.00; 120
(46)(44) Marriage license 121
$ 10.00; 122
Certified abstract of each marriage 123
$ 2.00; 124
(47)(45) Minor or mentally ill person, etc., disposal of estate under ten thousand dollars of 125
$ 10.00; 126
(48)(46) Mortgage or mortgage and repair or improve real estate, petition to 127
$ 20.00; 128
(49)(47) Newly discovered assets, report of 129
$ 7.00; 130
(50)(48) Nonresident executor or administrator to bar creditors' claims, proceedings by 131
$ 20.00; 132
(51)(49) Power of attorney or revocation of power, bonding company 133
$ 10.00; 134
(52)(50) Presumption of death, petition to establish 135
$ 20.00; 136
(53)(51) Probating will 137
$ 15.00; 138
Proof of notice to beneficiaries 139
$ 5.00; 140
(54)(52) Purchase personal property, application of surviving spouse to 141
$ 10.00; 142
(55)(53) Purchase real estate at appraised value, petition of surviving spouse to 143
$ 20.00; 144
(56)(54) Receipts in addition to advertising charges, application and order to record 145
$ 5.00; 146
Record of those receipts, additional, per page 147
$ 1.00; 148
(57)(55) Record in excess of fifteen hundred words five pages in any proceeding in the probate court, per page 149
$ 1.00; 150
(58)(56) Release of estate by mortgagee or other lienholder 151
$ 5.00; 152
(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 153
$ 60.00; 154
(60)(58) Removal of fiduciary, application for 155
$ 10.00; 156
(61)(59) Requalification of executor or administrator 157
$ 10.00; 158
(62)(60) Resignation of fiduciary 159
$ 5.00; 160
(63)(61) Sale bill, public sale of personal property 161
$ 10.00; 162
(64)(62) Sale of personal property and report, application for 163
$ 10.00; 164
(65)(63) Sale of real estate, petition for 165
$ 25.00; 166
(66)(64) Terminate guardianship, petition application and entry to 167
$ 10.00; 168
(67)(65) Transfer of real estate, application, entry, and certificate for 169
$ 7.00; 170
(68)(66) Unclaimed money, application to invest 171
$ 7.00; 172
(69)(67) Vacate approval of account or order of distribution, motion to 173
$ 10.00; 174
(70)(68) Writ of execution 175
$ 5.00; 176
(71)(69) Writ of possession 177
$ 5.00; 178
(72)(70) Wrongful death, application and settlement of claim for 179
$ 20.00; 180
(73)(71) Year's allowance, petition to review 181
$ 7.00; 182
(74)(72) Guardian's report, filing and review of 183
$ 5.00. 184

       (B)(1) In relation to an application for the appointment of a185
guardian or the review of a report of a guardian under section186
2111.49 of the Revised Code, the probate court, pursuant to court187
order or in accordance with a court rule, may direct that the188
applicant or the estate pay any or all of the expenses of an189
investigation conducted pursuant to section 2111.041 or division190
(A)(2) of section 2111.49 of the Revised Code. If the191
investigation is conducted by a public employee or investigator192
who is paid by the county, the fees for the investigation shall be 193
paid into the county treasury. If the court finds that an alleged 194
incompetent or a ward is indigent, the court may waive the costs, 195
fees, and expenses of an investigation.196

       (2) In relation to the appointment or functioning of a 197
guardian for a minor or the guardianship of a minor, the probate 198
court may direct that the applicant or the estate pay any or all 199
of the expenses of an investigation conducted pursuant to section 200
2111.042 of the Revised Code. If the investigation is conducted by 201
a public employee or investigator who is paid by the county, the202
fees for the investigation shall be paid into the county treasury. 203
If the court finds that the guardian or applicant is indigent, the 204
court may waive the costs, fees, and expenses of an investigation.205

       (C) ThirtyFifteen dollars of the fee collected pursuant to 206
division (A)(29) of this section, fifty dollars of the 207
thirty-five-dollar fee collected pursuant to division (A)(34)(33)208
of this section, ten dollars of the fee collected pursuant to 209
division (A)(44) of this section, and twentythirty dollars of 210
the sixty-dollar fee collected pursuant to division (A)(59)(57) of 211
this section shall be deposited by the county treasurer in the 212
indigent guardianship fund created pursuant to section 2111.51 of 213
the Revised Code.214

       (D) The fees of witnesses, jurors, sheriffs, coroners, and215
constables for services rendered in the probate court or by order216
of the probate judge shall be the same as provided for like217
services in the court of common pleas.218

       (E) The probate court, by rule, may require an advance219
deposit for costs, not to exceed onetwo hundred twenty-fivefifty220
dollars plus the cost of publication, at the time application is 221
made for an appointment as executor or administrator or at the 222
time a will is presented for probate.223

       (F) The probate court, by rule, shall establish a reasonable 224
fee, not to exceed fifty dollars, for the filing of a petition for 225
the release of information regarding an adopted person's name by 226
birth and the identity of the adopted person's biological parents 227
and biological siblings pursuant to section 3107.41 of the Revised 228
Code, all proceedings relative to the petition, the entry of an 229
order relative to the petition, and all services required to be 230
performed in connection with the petition. The probate court may 231
use a reasonable portion of a fee charged under authority of this 232
division to reimburse any agency, as defined in section 3107.39 of 233
the Revised Code, for any services it renders in performing a task 234
described in section 3107.41 of the Revised Code relative to or in 235
connection with the petition for which the fee was charged.236

       (G)(1) Thirty dollars of the fifty-dollar fee collected 237
pursuant to division (A)(3)(2) of this section shall be deposited 238
into the "putative father registry fund," which is hereby created 239
in the state treasury. The department of job and family services 240
shall use the money in the fund to fund the department's costs of241
performing its duties related to the putative father registry 242
established under section 3107.062 of the Revised Code.243

       (2) If the department determines that money in the putative 244
father registry fund is more than is needed for its duties related 245
to the putative father registry, the department may use the 246
surplus moneys in the fund as permitted in division (C) of section 247
2151.3529, division (B) of section 2151.3530, or section 5103.155 248
of the Revised Code.249

       Sec. 2101.162.  (A)(1) The probate judge may determine that, 250
for the efficient operation of the probate court, additional funds 251
are required to computerize the court, make available computerized 252
legal research services, or to do both. Upon making a 253
determination that additional funds are required for either or 254
both of those purposes, the probate judge shall charge a fee not 255
to exceed threefive dollars or authorize and direct a deputy 256
clerk of histhe probate court to charge a fee not to exceed three257
five dollars, in addition to the fees specified incharged under258
divisions (A)(1), (2), (3), (4), (6)(5), (14)(13) to (17)(16), 259
(20)(19) to (25)(24), (27)(26), (30)(29) to (32)(31), (33), (34), 260
(35), (37)(36) to (48)(46), (50)(48) to (55)(53), (57) to (59) 261
to, (61), (63) to (66), (69)to (64), (67), and (72)(70) of 262
section 2101.16 of the Revised Code, the fee adopted pursuant to 263
division (F) of that section, and the fee charged in connection 264
with the docketing and indexing of an appeal.265

       (2) All moneys collected under division (A)(1) of this266
section shall be paid to the county treasurer. The treasurer shall 267
place the moneys from the fees in a separate fund to be disbursed, 268
upon an order of the probate judge, in an amount no greater than 269
the actual cost to the court of procuring and maintaining 270
computerization of the court, computerized legal research 271
services, or both.272

       (3) If the court determines that the funds in the fund273
described in division (A)(2) of this section are more than274
sufficient to satisfy the purpose for which the additional fee275
described in division (A)(1) of this section was imposed, the276
court may declare a surplus in the fund and expend those surplus277
funds for other appropriate technological expenses of the court.278

       (B)(1) The probate judge may determine that, for the279
efficient operation of histhe probate court, additional funds are 280
required to computerize the office of the clerk of the court and, 281
upon that determination, may charge a fee, not to exceed ten282
fifteen dollars, or authorize and direct a deputy clerk of the 283
probate court to charge a fee, not to exceed tenfifteen dollars, 284
in addition to the fees specified incharged under divisions 285
(A)(1), (2), (3), (4), (6)(5), (14)(13) to (17)(16), (20)(19) to 286
(25)(24), (27)(26), (30)(29) to (32)(31), (33), (34), (35), 287
(37)(36) to (48)(46), (50)(48) to (55)(53), (57) to (59) to,288
(61), (63) to (66), (69)to (64), (67), and (72)(70) of section289
2101.16 of the Revised Code, the fee adopted pursuant to division290
(F) of that section, and the fee charged in connection with the291
docketing and indexing of an appeal. Subject to division (B)(2)292
of this section, all moneys collected under this division shall293
be paid to the county treasurer to be disbursed, upon an order of294
the probate judge and subject to appropriation by the board of295
county commissioners, in an amount no greater than the actual296
cost to the probate court of procuring and maintaining computer297
systems for the office of the clerk of the court.298

       (2) If the probate judge makes the determination described in 299
division (B)(1) of this section, the board of county commissioners 300
may issue one or more general obligation bonds for the purpose of 301
procuring and maintaining the computer systems for the office of 302
the clerk of the probate court. In addition to the purposes stated 303
in division (B)(1) of this section for which the moneys collected 304
under that division may be expended, the moneys additionally may 305
be expended to pay debt charges on and financing costs related to 306
any general obligation bonds issued pursuant to this division as 307
they become due. General obligation bonds issued pursuant to this 308
division are Chapter 133. securities.309

       Sec. 2101.17.  The fees enumerated in this section shall be310
paid to the probate court from the county treasury upon the311
warrant of the county auditor which shall issue upon the312
certificate of the probate judge and shall be in full for all313
services rendered in the respective proceedings as follows:314

(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 315
 $ 12.00 40.00; 316
(B) When the person is discharged 317
7.00 25.00; 318
(C) For order of return of a mentally ill person to a state hospital or removal therefrom 319
2.00 10.00; 320
(D) For proceedings for committing a person to an institution for the mentally retarded 321
10.00 35.00; 322
(E) For habeas corpus proceedings when a person is confined under color of proceedings in a criminal case and is discharged 323
10.00 35.00; 324
(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 325
5.00 20.00; 326
(G) For proceedings to take a child from parents or other persons having control thereof 327
5.00 20.00. 328

       Sec. 2111.51.  Each county shall establish in the county329
treasury an indigent guardianship fund. All revenue that the330
general assembly appropriates to the indigent guardianship fund331
for a county, thirtyfifteen dollars of the fee collected 332
pursuant to division (A)(29) of section 2101.16 of the Revised 333
Code, fifty dollars of the thirty-five-dollar fee collected 334
pursuant to division (A)(34)(33) of that section 2101.16 of the335
Revised Code, ten dollars of the fee collected pursuant to 336
division (A)(44) of that section, and twentythirty dollars of 337
the sixty-dollar fee collected pursuant to division (A)(59)()(57)338
of that section shall be deposited into the fund that is 339
established in that county. Expenditures from the fund shall be 340
made only upon order of the probate judge and only for payment 341
of any cost, fee, charge, or expense associated with the 342
establishment, opening, maintenance, or termination of a 343
guardianship for an indigent ward.344

       If a probate court determines that there are reasonably345
sufficient funds in the indigent guardianship fund of the county346
in which the court is located to meet the needs of indigent347
guardianships in that county, the court, by order, may declare a348
surplus in the indigent guardianship fund and expend the surplus349
funds for other guardianship expenses or for other court purposes.350

       Sec. 2113.031.  (A) As used in this section:351

       (1) "Financial institution" has the same meaning as in352
section 5725.01 of the Revised Code. "Financial institution" also353
includes a credit union and a fiduciary that is not a trust354
company but that does trust business.355

       (2) "Funeral and burial expenses" means whichever of the356
following applies:357

       (a) The funeral and burial expenses of the decedent that are358
included in the bill of a funeral director;359

       (b) The funeral expenses of the decedent that are not360
included in the bill of a funeral director and that have been361
approved by the probate court;362

       (c) The funeral and burial expenses of the decedent that are363
described in divisions (A)(2)(a) and (b) of this section.364

       (3) "Surviving spouse" means either of the following:365

       (a) The surviving spouse of a decedent who died leaving the366
surviving spouse and no minor children;367

       (b) The surviving spouse of a decedent who died leaving the368
surviving spouse and minor children, all of whom are children of369
the decedent and the surviving spouse.370

       (B)(1) If the value of the assets of the decedent's estate371
does not exceed the lesser of five thousand dollars or the amount372
of the decedent's funeral and burial expenses, any person who is373
not a surviving spouse and who has paid or is obligated in writing374
to pay the decedent's funeral and burial expenses, including a 375
person described in section 2108.89 of the Revised Code, may apply 376
to the probate court for an order granting a summary release from377
administration in accordance with this section.378

       (2) If either of the following applies, the decedent's379
surviving spouse may apply to the probate court for an order380
granting a summary release from administration in accordance with381
this section:382

       (a) The decedent's funeral and burial expenses have been383
prepaid, and the value of the assets of the decedent's estate does384
not exceed the total of the following items:385

       (i) The allowance for support that is made under division (A) 386
of section 2106.13 of the Revised Code to the surviving spouse387
and, if applicable, to the decedent's minor children and that is388
distributable in accordance with division (B)(1) or (2) of that389
section;390

       (ii) An amount, not exceeding five thousand dollars, for the391
decedent's funeral and burial expenses referred to in division392
(A)(2)(c) of this section.393

       (b) The decedent's funeral and burial expenses have not been394
prepaid, the decedent's surviving spouse has paid or is obligated395
in writing to pay the decedent's funeral and burial expenses, and396
the value of the assets of the decedent's estate does not exceed397
the total of the items referred to in divisions (B)(2)(a)(i) and398
(ii) of this section.399

       (C) A probate court shall order a summary release from400
administration in connection with a decedent's estate only if the401
court finds that all of the following are satisfied:402

       (1) A person described in division (B)(1) of this section is403
the applicant for a summary release from administration, and the404
value of the assets of the decedent's estate does not exceed the405
lesser of five thousand dollars or the amount of the decedent's406
funeral and burial expenses, or the applicant for a summary407
release from administration is the decedent's surviving spouse,408
and the circumstances described in division (B)(2)(a) or (b) of409
this section apply.410

       (2) The application for a summary release from administration 411
does all of the following:412

       (a) Describes all assets of the decedent's estate that are413
known to the applicant;414

       (b) Is in the form that the supreme court prescribes pursuant 415
to its powers of superintendence under Section 5 of Article IV, 416
Ohio Constitution, and is consistent with the requirements of this 417
division;418

       (c) Has been signed and acknowledged by the applicant in the419
presence of a notary public or a deputy clerk of the probate420
court;421

       (d) Sets forth the following information if the decedent's422
estate includes a described type of asset:423

       (i) If the decedent's estate includes a motor vehicle, the424
motor vehicle's year, make, model, body type, manufacturer's425
vehicle identification number, certificate of title number, and426
date of death value;427

       (ii) If the decedent's estate includes an account maintained428
by a financial institution, that institution's name and the429
account's complete identifying number and date of death balance;430

       (iii) If the decedent's estate includes one or more shares of 431
stock or bonds, the total number of the shares and bonds and their 432
total date of death value and, for each share or bond, its serial 433
number, the name of its issuer, its date of death value, and, if 434
any, the name and address of its transfer agent.435

       (3) The application for a summary release from administration 436
is accompanied by all of the following that apply:437

       (a) A receipt, contract, written declaration as defined in 438
section 2108.70 of the Revised Code, or other document that439
confirms the applicant's payment or obligation to pay the440
decedent's funeral and burial expenses or, if applicable in the441
case of the decedent's surviving spouse, the prepayment of the442
decedent's funeral and burial expenses;443

       (b) An application for a certificate of transfer as described 444
in section 2113.61 of the Revised Code, if an interest in real445
property is included in the assets of the decedent's estate;446

       (c) The fee required by division (A)(59)(57) of section 447
2101.16 of the Revised Code.448

       (4) At the time of its determination on the application,449
there are no pending proceedings for the administration of the450
decedent's estate and no pending proceedings for relief of the451
decedent's estate from administration under section 2113.03 of the452
Revised Code.453

       (5) At the time of its determination on the application,454
there are no known assets of the decedent's estate other than the455
assets described in the application.456

       (D) If the probate court determines that the requirements of457
division (C) of this section are satisfied, the probate court458
shall issue an order that grants a summary release from459
administration in connection with the decedent's estate. The order 460
has, and shall specify that it has, all of the following effects:461

       (1) It relieves the decedent's estate from administration.462

       (2) It directs the delivery to the applicant of the463
decedent's personal property together with the title to that464
property.465

       (3) It directs the transfer to the applicant of the title to466
any interests in real property included in the decedent's estate.467

        (4) It eliminates the need for a financial institution,468
corporation, or other entity or person referred to in any469
provision of divisions (A) to (F) of section 5731.39 of the470
Revised Code to obtain, as otherwise would be required by any of471
those divisions, the written consent of the tax commissioner prior472
to the delivery, transfer, or payment to the applicant of an asset473
of the decedent's estate.474

       (E) A certified copy of an order that grants a summary475
release from administration together with a certified copy of the476
application for that order constitutes sufficient authority for a477
financial institution, corporation, or other entity or person478
referred to in divisions (A) to (F) of section 5731.39 of the479
Revised Code or for a clerk of a court of common pleas to transfer480
title to an asset of the decedent's estate to the applicant for481
the summary release from administration.482

       (F) This section does not affect the ability of qualified483
persons to file an application to relieve an estate from484
administration under section 2113.03 of the Revised Code or to485
file an application for the grant of letters testamentary or486
letters of administration in connection with the decedent's487
estate.488

       Sec. 2303.201.  (A)(1) The court of common pleas of any489
county may determine that for the efficient operation of the court490
additional funds are required to computerize the court, to make491
available computerized legal research services, or to do both.492
Upon making a determination that additional funds are required for493
either or both of those purposes, the court shall authorize and494
direct the clerk of the court of common pleas to charge one495
additional fee, not to exceed three dollars, on the filing of each496
cause of action or appeal under divisions (A), (Q), and (U) of497
section 2303.20 of the Revised Code.498

       (2) All fees collected under division (A)(1) of this section499
shall be paid to the county treasurer. The treasurer shall place500
the funds from the fees in a separate fund to be disbursed, upon501
an order of the court, in an amount not greater than the actual502
cost to the court of procuring and maintaining computerization of503
the court, computerized legal research services, or both.504

       (3) If the court determines that the funds in the fund505
described in division (A)(2) of this section are more than506
sufficient to satisfy the purpose for which the additional fee507
described in division (A)(1) of this section was imposed, the508
court may declare a surplus in the fund and expend those surplus509
funds for other appropriate technological expenses of the court.510

       (B)(1) The court of common pleas of any county may determine511
that, for the efficient operation of the court, additional funds512
are required to computerize the office of the clerk of the court513
of common pleas and, upon that determination, authorize and direct514
the clerk of the court of common pleas to charge an additional515
fee, not to exceed ten dollars, on the filing of each cause of516
action or appeal, on the filing, docketing, and endorsing of each517
certificate of judgment, or on the docketing and indexing of each518
aid in execution or petition to vacate, revive, or modify a519
judgment under divisions (A), (P), (Q), (T), and (U) of section520
2303.20 of the Revised Code. Subject to division (B)(2) of this521
section, all moneys collected under division (B)(1) of this522
section shall be paid to the county treasurer to be disbursed,523
upon an order of the court of common pleas and subject to524
appropriation by the board of county commissioners, in an amount525
no greater than the actual cost to the court of procuring and526
maintaining computer systems for the office of the clerk of the527
court of common pleas.528

       (2) If the court of common pleas of a county makes the529
determination described in division (B)(1) of this section, the530
board of county commissioners of that county may issue one or more531
general obligation bonds for the purpose of procuring and532
maintaining the computer systems for the office of the clerk of533
the court of common pleas. In addition to the purposes stated in534
division (B)(1) of this section for which the moneys collected535
under that division may be expended, the moneys additionally may536
be expended to pay debt charges on and financing costs related to537
any general obligation bonds issued pursuant to division (B)(2) of538
this section as they become due. General obligation bonds issued539
pursuant to division (B)(2) of this section are Chapter 133.540
securities.541

       (C) The court of common pleas shall collect the sum of 542
twenty-six dollars as additional filing fees in each new civil 543
action or proceeding for the charitable public purpose of 544
providing financial assistance to legal aid societies that operate 545
within the state and to support the office of the state public 546
defender. This division does not apply to proceedings concerning547
annulments, dissolutions of marriage, divorces, legal separation,548
spousal support, marital property or separate property549
distribution, support, or other domestic relations matters; to a550
juvenile division of a court of common pleas; to a probate551
division of a court of common pleas, except that the additional552
filing fees shall apply to name change, guardianship, adoption, 553
and full administration of decedents' estate proceedings; or to an 554
execution on a judgment, proceeding in aid of execution, or other 555
post-judgment proceeding arising out of a civil action. The 556
filing fees required to be collected under this division shall be 557
in addition to any other filing fees imposed in the action or 558
proceeding and shall be collected at the time of the filing of 559
the action or proceeding. The court shall not waive the payment 560
of the additional filing fees in a new civil action or proceeding 561
unless the court waives the advanced payment of all filing fees 562
in the action or proceeding. All such moneys collected during a 563
month shall be transmitted on or before the twentieth day of the 564
following month by the clerk of the court to the treasurer of 565
state in a manner prescribed by the treasurer of state or by the 566
Ohio legal assistance foundation. The treasurer of state shall 567
deposit four per cent of the funds collected under this division 568
to the credit of the civil case filing fee fund established under 569
section 120.07 of the Revised Code and ninety-six per cent of the 570
funds collected under this division to the credit of the legal 571
aid fund established under section 120.52 of the Revised Code.572

       The court may retain up to one per cent of the moneys it573
collects under this division to cover administrative costs,574
including the hiring of any additional personnel necessary to575
implement this division.576

       (D) On and after the thirtieth day after December 9, 1994,577
the court of common pleas shall collect the sum of thirty-two578
dollars as additional filing fees in each new action or proceeding579
for annulment, divorce, or dissolution of marriage for the purpose580
of funding shelters for victims of domestic violence pursuant to581
sections 3113.35 to 3113.39 of the Revised Code. The filing fees582
required to be collected under this division shall be in addition583
to any other filing fees imposed in the action or proceeding and584
shall be collected at the time of the filing of the action or585
proceeding. The court shall not waive the payment of the586
additional filing fees in a new action or proceeding for587
annulment, divorce, or dissolution of marriage unless the court588
waives the advanced payment of all filing fees in the action or589
proceeding. On or before the twentieth day of each month, all590
moneys collected during the immediately preceding month pursuant591
to this division shall be deposited by the clerk of the court into592
the county treasury in the special fund used for deposit of593
additional marriage license fees as described in section 3113.34594
of the Revised Code. Upon their deposit into the fund, the moneys595
shall be retained in the fund and expended only as described in596
section 3113.34 of the Revised Code.597

       (E)(1) The court of common pleas may determine that, for the598
efficient operation of the court, additional funds are necessary599
to acquire and pay for special projects of the court, including,600
but not limited to, the acquisition of additional facilities or601
the rehabilitation of existing facilities, the acquisition of602
equipment, the hiring and training of staff, community service603
programs, mediation or dispute resolution services, the employment604
of magistrates, the training and education of judges, acting605
judges, and magistrates, and other related services. Upon that606
determination, the court by rule may charge a fee, in addition to607
all other court costs, on the filing of each criminal cause, civil608
action or proceeding, or judgment by confession.609

       If the court of common pleas offers a special program or610
service in cases of a specific type, the court by rule may assess611
an additional charge in a case of that type, over and above court612
costs, to cover the special program or service. The court shall613
adjust the special assessment periodically, but not retroactively,614
so that the amount assessed in those cases does not exceed the615
actual cost of providing the service or program.616

       All moneys collected under division (E) of this section shall617
be paid to the county treasurer for deposit into either a general618
special projects fund or a fund established for a specific special619
project. Moneys from a fund of that nature shall be disbursed upon 620
an order of the court in an amount no greater than the actual cost 621
to the court of a project. If a specific fund is terminated622
because of the discontinuance of a program or service established623
under division (E) of this section, the court may order that624
moneys remaining in the fund be transferred to an account625
established under this division for a similar purpose.626

       (2) As used in division (E) of this section:627

       (a) "Criminal cause" means a charge alleging the violation of628
a statute or ordinance, or subsection of a statute or ordinance,629
that requires a separate finding of fact or a separate plea before630
disposition and of which the defendant may be found guilty,631
whether filed as part of a multiple charge on a single summons,632
citation, or complaint or as a separate charge on a single633
summons, citation, or complaint. "Criminal cause" does not include634
separate violations of the same statute or ordinance, or635
subsection of the same statute or ordinance, unless each charge is636
filed on a separate summons, citation, or complaint.637

       (b) "Civil action or proceeding" means any civil litigation638
that must be determined by judgment entry.639

       Section 2. That existing sections 2101.16, 2101.162, 2101.17, 640
2111.51, 2113.031, and 2303.201 of the Revised Code are hereby 641
repealed.642

       Section 3. Until a probate court adopts a rule establishing 643
fees pursuant to division (A) of section 2101.16 of the Revised 644
Code as amended by this act, the fees set forth in that division 645
as it existed on the effective date of this act shall remain in 646
effect.647