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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 |
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
| 11 |
12 | |
be in full for all services rendered in the respective | 13 |
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 | |||||
26 | |||||||
Waivers and proof of notice of hearing on account, per page |
27 | ||||||
28 | |||||||
(2) | 29 | ||||||
30 | |||||||
Adoption |
31 | ||||||
32 | |||||||
Alter or cancel contract for sale or purchase of real estate, petition to | 33 | ||||||
34 | |||||||
35 | |||||||
36 | |||||||
Appropriation suit, per day, hearing in | 37 | ||||||
38 | |||||||
Birth, application for registration of | 39 | ||||||
40 | |||||||
Birth record, application to correct | 41 | ||||||
42 | |||||||
Bond, application for new or additional | 43 | ||||||
44 | |||||||
Bond, application for release of surety or reduction of | 45 | ||||||
46 | |||||||
Bond, receipt for securities deposited in lieu of | 47 | ||||||
48 | |||||||
Certified copy of journal entry, record, or proceeding, per page |
49 | ||||||
50 | |||||||
Citation and issuing citation, application for | 51 | ||||||
52 | |||||||
Change of name, petition for | 53 | ||||||
54 | |||||||
Claim, application of administrator or executor for allowance of administrator's or executor's own | 55 | ||||||
56 | |||||||
Claim, application to compromise or settle | 57 | ||||||
58 | |||||||
Claim, authority to present | 59 | ||||||
60 | |||||||
Commissioner, appointment of | 61 | ||||||
62 | |||||||
Compensation for extraordinary services and attorney's fees for fiduciary, application for | 63 | ||||||
64 | |||||||
Competency, application to procure adjudication of | 65 | ||||||
66 | |||||||
Complete contract, application to | 67 | ||||||
68 | |||||||
Concealment of assets, citation for | 69 | ||||||
70 | |||||||
Construction of will, petition for | 71 | ||||||
72 | |||||||
Continue decedent's business, application to | 73 | ||||||
74 | |||||||
Monthly reports of operation | 75 | ||||||
76 | |||||||
Declaratory judgment, petition for | 77 | ||||||
78 | |||||||
Deposit of will | 79 | ||||||
80 | |||||||
Designation of heir | 81 | ||||||
82 | |||||||
Distribution in kind, application, assent, and order for | 83 | ||||||
84 | |||||||
Distribution under section 2109.36 of the Revised Code, application for an order of | 85 | ||||||
86 | |||||||
Docketing and indexing proceedings, including the filing and noting of all necessary documents |
87 | ||||||
88 | |||||||
Exceptions to any proceeding named in this section, contest of appointment or | 89 | ||||||
90 | |||||||
Election of surviving partner to purchase assets of partnership, proceedings relating to | 91 | ||||||
92 | |||||||
Election of surviving spouse under will | 93 | ||||||
94 | |||||||
Fiduciary, including an assignee or trustee of an insolvent debtor or any guardian or conservator accountable to the probate court, appointment of | 95 | ||||||
96 | |||||||
Foreign will, application to record | 97 | ||||||
98 | |||||||
Record of foreign will, additional, per page | 99 | ||||||
100 | |||||||
Forms, per case, when |
101 | ||||||
102 | |||||||
Heirship, petition to determine | 103 | ||||||
104 | |||||||
Injunction proceedings | 105 | ||||||
106 | |||||||
Improve real estate, petition to | 107 | ||||||
108 | |||||||
Inventory |
109 | ||||||
110 | |||||||
111 | |||||||
112 | |||||||
Investment or expenditure of funds, application and entry for | 113 | ||||||
114 | |||||||
Invest in real estate, application to | 115 | ||||||
116 | |||||||
Lease for oil, gas, coal, or other mineral, petition to | 117 | ||||||
118 | |||||||
Lease or lease and improve real estate, petition to | 119 | ||||||
120 | |||||||
Marriage license | 121 | ||||||
122 | |||||||
Certified abstract of each marriage | 123 | ||||||
124 | |||||||
Minor or mentally ill person, etc., disposal of estate under ten thousand dollars of | 125 | ||||||
126 | |||||||
Mortgage or mortgage and repair or improve real estate, petition to | 127 | ||||||
128 | |||||||
Newly discovered assets, report of | 129 | ||||||
130 | |||||||
Nonresident executor or administrator to bar creditors' claims, proceedings by | 131 | ||||||
132 | |||||||
Power of attorney or revocation of power, bonding company | 133 | ||||||
134 | |||||||
Presumption of death, petition to establish | 135 | ||||||
136 | |||||||
Probating will | 137 | ||||||
138 | |||||||
Proof of notice to beneficiaries | 139 | ||||||
140 | |||||||
Purchase personal property, application of surviving spouse to | 141 | ||||||
142 | |||||||
Purchase real estate at appraised value, petition of surviving spouse to | 143 | ||||||
144 | |||||||
Receipts in addition to advertising charges, application and order to record | 145 | ||||||
146 | |||||||
Record of those receipts, additional, per page | 147 | ||||||
148 | |||||||
Record in excess of |
149 | ||||||
150 | |||||||
Release of estate by mortgagee or other lienholder | 151 | ||||||
152 | |||||||
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 | ||||||
154 | |||||||
Removal of fiduciary, application for | 155 | ||||||
156 | |||||||
Requalification of executor or administrator | 157 | ||||||
158 | |||||||
Resignation of fiduciary | 159 | ||||||
160 | |||||||
Sale bill, public sale of personal property | 161 | ||||||
162 | |||||||
Sale of personal property and report, application for | 163 | ||||||
164 | |||||||
Sale of real estate, petition for | 165 | ||||||
166 | |||||||
Terminate guardianship, |
167 | ||||||
168 | |||||||
Transfer of real estate, application, entry, and certificate for | 169 | ||||||
170 | |||||||
Unclaimed money, application to invest | 171 | ||||||
172 | |||||||
Vacate approval of account or order of distribution, motion to | 173 | ||||||
174 | |||||||
Writ of execution | 175 | ||||||
176 | |||||||
Writ of possession | 177 | ||||||
178 | |||||||
Wrongful death, application and settlement of claim for | 179 | ||||||
180 | |||||||
Year's allowance, petition to review | 181 | ||||||
182 | |||||||
Guardian's report, filing and review of | 183 | ||||||
184 |
(B)(1) In relation to an application for the appointment of a | 185 |
guardian or the review of a report of a guardian under section | 186 |
2111.49 of the Revised Code, the probate court, pursuant to court | 187 |
order or in accordance with a court rule, may direct that the | 188 |
applicant or the estate pay any or all of the expenses of an | 189 |
investigation conducted pursuant to section 2111.041 or division | 190 |
(A)(2) of section 2111.49 of the Revised Code. If the | 191 |
investigation is conducted by a public employee or investigator | 192 |
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, the | 202 |
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) | 206 |
division (A)(29) of this section, fifty dollars of the | 207 |
208 | |
of this section, ten dollars of the fee collected pursuant to | 209 |
division (A)(44) of this section, and | 210 |
the | 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, and | 215 |
constables for services rendered in the probate court or by order | 216 |
of the probate judge shall be the same as provided for like | 217 |
services in the court of common pleas. | 218 |
(E) The probate court, by rule, may require an advance | 219 |
deposit for costs, not to exceed | 220 |
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 | 237 |
pursuant to division
(A) | 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 of | 241 |
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 | 256 |
clerk of | 257 |
five
dollars, in addition to the fees | 258 |
divisions
(A)(1), (2),
(3), | 259 |
260 | |
261 | |
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 this | 266 |
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 fund | 273 |
described in division (A)(2) of this section are more than | 274 |
sufficient to satisfy the purpose for which the additional fee | 275 |
described in division (A)(1) of this section was imposed, the | 276 |
court may declare a surplus in the fund and expend those surplus | 277 |
funds for other appropriate technological expenses of the court. | 278 |
(B)(1) The probate judge may determine that, for the | 279 |
efficient operation of | 280 |
required to computerize the office of the clerk of the court and, | 281 |
upon
that determination, may charge a fee, not to exceed | 282 |
fifteen dollars, or authorize and direct a deputy clerk of the | 283 |
probate court to
charge a fee, not to exceed | 284 |
in addition to the fees
| 285 |
(A)(1), (2),
(3),
| 286 |
287 | |
288 | |
(61) | 289 |
2101.16 of the Revised Code, the fee adopted pursuant to division | 290 |
(F) of that section, and the fee charged in connection with the | 291 |
docketing and indexing of an appeal. Subject to division (B)(2) | 292 |
of this section, all moneys collected under this division shall | 293 |
be paid to the county treasurer to be disbursed, upon an order of | 294 |
the probate judge and subject to appropriation by the board of | 295 |
county commissioners, in an amount no greater than the actual | 296 |
cost to the probate court of procuring and maintaining computer | 297 |
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 be | 310 |
paid to the probate court from the county treasury upon the | 311 |
warrant of the county auditor which shall issue upon the | 312 |
certificate of the probate judge and shall be in full for all | 313 |
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 | |||||
$ | 316 | ||||||
(B) | When the person is discharged | 317 | |||||
318 | |||||||
(C) | For order of return of a mentally ill person to a state hospital or removal therefrom | 319 | |||||
320 | |||||||
(D) | For proceedings for committing a person to an institution for the mentally retarded | 321 | |||||
322 | |||||||
(E) | For habeas corpus proceedings when a person is confined under color of proceedings in a criminal case and is discharged | 323 | |||||
324 | |||||||
(F) | When acting as a juvenile judge, for each case filed against a |
325 | |||||
326 | |||||||
(G) | For proceedings to take a child from parents or other persons having control thereof | 327 | |||||
328 |
Sec. 2111.51. Each county shall establish in the county | 329 |
treasury an indigent guardianship fund. All revenue that the | 330 |
general assembly appropriates to the indigent guardianship fund | 331 |
for a county, | 332 |
pursuant to division (A)(29) of section 2101.16 of the Revised | 333 |
Code, fifty dollars of the | 334 |
pursuant to division (A) | 335 |
336 | |
division (A)(44) of that
section, and | 337 |
the | 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 reasonably | 345 |
sufficient funds in the indigent guardianship fund of the county | 346 |
in which the court is located to meet the needs of indigent | 347 |
guardianships in that county, the court, by order, may declare a | 348 |
surplus in the indigent guardianship fund and expend the surplus | 349 |
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 in | 352 |
section 5725.01 of the Revised Code. "Financial institution" also | 353 |
includes a credit union and a fiduciary that is not a trust | 354 |
company but that does trust business. | 355 |
(2) "Funeral and burial expenses" means whichever of the | 356 |
following applies: | 357 |
(a) The funeral and burial expenses of the decedent that are | 358 |
included in the bill of a funeral director; | 359 |
(b) The funeral expenses of the decedent that are not | 360 |
included in the bill of a funeral director and that have been | 361 |
approved by the probate court; | 362 |
(c) The funeral and burial expenses of the decedent that are | 363 |
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 the | 366 |
surviving spouse and no minor children; | 367 |
(b) The surviving spouse of a decedent who died leaving the | 368 |
surviving spouse and minor children, all of whom are children of | 369 |
the decedent and the surviving spouse. | 370 |
(B)(1) If the value of the assets of the decedent's estate | 371 |
does not exceed the lesser of five thousand dollars or the amount | 372 |
of the decedent's funeral and burial expenses, any person who is | 373 |
not a surviving spouse and who has paid or is obligated in writing | 374 |
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 from | 377 |
administration in accordance with this section. | 378 |
(2) If either of the following applies, the decedent's | 379 |
surviving spouse may apply to the probate court for an order | 380 |
granting a summary release from administration in accordance with | 381 |
this section: | 382 |
(a) The decedent's funeral and burial expenses have been | 383 |
prepaid, and the value of the assets of the decedent's estate does | 384 |
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 spouse | 387 |
and, if applicable, to the decedent's minor children and that is | 388 |
distributable in accordance with division (B)(1) or (2) of that | 389 |
section; | 390 |
(ii) An amount, not exceeding five thousand dollars, for the | 391 |
decedent's funeral and burial expenses referred to in division | 392 |
(A)(2)(c) of this section. | 393 |
(b) The decedent's funeral and burial expenses have not been | 394 |
prepaid, the decedent's surviving spouse has paid or is obligated | 395 |
in writing to pay the decedent's funeral and burial expenses, and | 396 |
the value of the assets of the decedent's estate does not exceed | 397 |
the total of the items referred to in divisions (B)(2)(a)(i) and | 398 |
(ii) of this section. | 399 |
(C) A probate court shall order a summary release from | 400 |
administration in connection with a decedent's estate only if the | 401 |
court finds that all of the following are satisfied: | 402 |
(1) A person described in division (B)(1) of this section is | 403 |
the applicant for a summary release from administration, and the | 404 |
value of the assets of the decedent's estate does not exceed the | 405 |
lesser of five thousand dollars or the amount of the decedent's | 406 |
funeral and burial expenses, or the applicant for a summary | 407 |
release from administration is the decedent's surviving spouse, | 408 |
and the circumstances described in division (B)(2)(a) or (b) of | 409 |
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 are | 413 |
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 the | 419 |
presence of a notary public or a deputy clerk of the probate | 420 |
court; | 421 |
(d) Sets forth the following information if the decedent's | 422 |
estate includes a described type of asset: | 423 |
(i) If the decedent's estate includes a motor vehicle, the | 424 |
motor vehicle's year, make, model, body type, manufacturer's | 425 |
vehicle identification number, certificate of title number, and | 426 |
date of death value; | 427 |
(ii) If the decedent's estate includes an account maintained | 428 |
by a financial institution, that institution's name and the | 429 |
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 that | 439 |
confirms the applicant's payment or obligation to pay the | 440 |
decedent's funeral and burial expenses or, if applicable in the | 441 |
case of the decedent's surviving spouse, the prepayment of the | 442 |
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 real | 445 |
property is included in the assets of the decedent's estate; | 446 |
(c) The fee required by division
(A) | 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 the | 450 |
decedent's estate and no pending proceedings for relief of the | 451 |
decedent's estate from administration under section 2113.03 of the | 452 |
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 the | 455 |
assets described in the application. | 456 |
(D) If the probate court determines that the requirements of | 457 |
division (C) of this section are satisfied, the probate court | 458 |
shall issue an order that grants a summary release from | 459 |
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 the | 463 |
decedent's personal property together with the title to that | 464 |
property. | 465 |
(3) It directs the transfer to the applicant of the title to | 466 |
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 any | 469 |
provision of divisions (A) to (F) of section 5731.39 of the | 470 |
Revised Code to obtain, as otherwise would be required by any of | 471 |
those divisions, the written consent of the tax commissioner prior | 472 |
to the delivery, transfer, or payment to the applicant of an asset | 473 |
of the decedent's estate. | 474 |
(E) A certified copy of an order that grants a summary | 475 |
release from administration together with a certified copy of the | 476 |
application for that order constitutes sufficient authority for a | 477 |
financial institution, corporation, or other entity or person | 478 |
referred to in divisions (A) to (F) of section 5731.39 of the | 479 |
Revised Code or for a clerk of a court of common pleas to transfer | 480 |
title to an asset of the decedent's estate to the applicant for | 481 |
the summary release from administration. | 482 |
(F) This section does not affect the ability of qualified | 483 |
persons to file an application to relieve an estate from | 484 |
administration under section 2113.03 of the Revised Code or to | 485 |
file an application for the grant of letters testamentary or | 486 |
letters of administration in connection with the decedent's | 487 |
estate. | 488 |
Sec. 2303.201. (A)(1) The court of common pleas of any | 489 |
county may determine that for the efficient operation of the court | 490 |
additional funds are required to computerize the court, to make | 491 |
available computerized legal research services, or to do both. | 492 |
Upon making a determination that additional funds are required for | 493 |
either or both of those purposes, the court shall authorize and | 494 |
direct the clerk of the court of common pleas to charge one | 495 |
additional fee, not to exceed three dollars, on the filing of each | 496 |
cause of action or appeal under divisions (A), (Q), and (U) of | 497 |
section 2303.20 of the Revised Code. | 498 |
(2) All fees collected under division (A)(1) of this section | 499 |
shall be paid to the county treasurer. The treasurer shall place | 500 |
the funds from the fees in a separate fund to be disbursed, upon | 501 |
an order of the court, in an amount not greater than the actual | 502 |
cost to the court of procuring and maintaining computerization of | 503 |
the court, computerized legal research services, or both. | 504 |
(3) If the court determines that the funds in the fund | 505 |
described in division (A)(2) of this section are more than | 506 |
sufficient to satisfy the purpose for which the additional fee | 507 |
described in division (A)(1) of this section was imposed, the | 508 |
court may declare a surplus in the fund and expend those surplus | 509 |
funds for other appropriate technological expenses of the court. | 510 |
(B)(1) The court of common pleas of any county may determine | 511 |
that, for the efficient operation of the court, additional funds | 512 |
are required to computerize the office of the clerk of the court | 513 |
of common pleas and, upon that determination, authorize and direct | 514 |
the clerk of the court of common pleas to charge an additional | 515 |
fee, not to exceed ten dollars, on the filing of each cause of | 516 |
action or appeal, on the filing, docketing, and endorsing of each | 517 |
certificate of judgment, or on the docketing and indexing of each | 518 |
aid in execution or petition to vacate, revive, or modify a | 519 |
judgment under divisions (A), (P), (Q), (T), and (U) of section | 520 |
2303.20 of the Revised Code. Subject to division (B)(2) of this | 521 |
section, all moneys collected under division (B)(1) of this | 522 |
section shall be paid to the county treasurer to be disbursed, | 523 |
upon an order of the court of common pleas and subject to | 524 |
appropriation by the board of county commissioners, in an amount | 525 |
no greater than the actual cost to the court of procuring and | 526 |
maintaining computer systems for the office of the clerk of the | 527 |
court of common pleas. | 528 |
(2) If the court of common pleas of a county makes the | 529 |
determination described in division (B)(1) of this section, the | 530 |
board of county commissioners of that county may issue one or more | 531 |
general obligation bonds for the purpose of procuring and | 532 |
maintaining the computer systems for the office of the clerk of | 533 |
the court of common pleas. In addition to the purposes stated in | 534 |
division (B)(1) of this section for which the moneys collected | 535 |
under that division may be expended, the moneys additionally may | 536 |
be expended to pay debt charges on and financing costs related to | 537 |
any general obligation bonds issued pursuant to division (B)(2) of | 538 |
this section as they become due. General obligation bonds issued | 539 |
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 concerning | 547 |
annulments, dissolutions of marriage, divorces, legal separation, | 548 |
spousal support, marital property or separate property | 549 |
distribution, support, or other domestic relations matters; to a | 550 |
juvenile division of a court of common pleas; to a probate | 551 |
division of a court of common pleas, except that the additional | 552 |
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 it | 573 |
collects under this division to cover administrative costs, | 574 |
including the hiring of any additional personnel necessary to | 575 |
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-two | 578 |
dollars as additional filing fees in each new action or proceeding | 579 |
for annulment, divorce, or dissolution of marriage for the purpose | 580 |
of funding shelters for victims of domestic violence pursuant to | 581 |
sections 3113.35 to 3113.39 of the Revised Code. The filing fees | 582 |
required to be collected under this division shall be in addition | 583 |
to any other filing fees imposed in the action or proceeding and | 584 |
shall be collected at the time of the filing of the action or | 585 |
proceeding. The court shall not waive the payment of the | 586 |
additional filing fees in a new action or proceeding for | 587 |
annulment, divorce, or dissolution of marriage unless the court | 588 |
waives the advanced payment of all filing fees in the action or | 589 |
proceeding. On or before the twentieth day of each month, all | 590 |
moneys collected during the immediately preceding month pursuant | 591 |
to this division shall be deposited by the clerk of the court into | 592 |
the county treasury in the special fund used for deposit of | 593 |
additional marriage license fees as described in section 3113.34 | 594 |
of the Revised Code. Upon their deposit into the fund, the moneys | 595 |
shall be retained in the fund and expended only as described in | 596 |
section 3113.34 of the Revised Code. | 597 |
(E)(1) The court of common pleas may determine that, for the | 598 |
efficient operation of the court, additional funds are necessary | 599 |
to acquire and pay for special projects of the court, including, | 600 |
but not limited to, the acquisition of additional facilities or | 601 |
the rehabilitation of existing facilities, the acquisition of | 602 |
equipment, the hiring and training of staff, community service | 603 |
programs, mediation or dispute resolution services, the employment | 604 |
of magistrates, the training and education of judges, acting | 605 |
judges, and magistrates, and other related services. Upon that | 606 |
determination, the court by rule may charge a fee, in addition to | 607 |
all other court costs, on the filing of each criminal cause, civil | 608 |
action or proceeding, or judgment by confession. | 609 |
If the court of common pleas offers a special program or | 610 |
service in cases of a specific type, the court by rule may assess | 611 |
an additional charge in a case of that type, over and above court | 612 |
costs, to cover the special program or service. The court shall | 613 |
adjust the special assessment periodically, but not retroactively, | 614 |
so that the amount assessed in those cases does not exceed the | 615 |
actual cost of providing the service or program. | 616 |
All moneys collected under division (E) of this section shall | 617 |
be paid to the county treasurer for deposit into either a general | 618 |
special projects fund or a fund established for a specific special | 619 |
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 terminated | 622 |
because of the discontinuance of a program or service established | 623 |
under division (E) of this section, the court may order that | 624 |
moneys remaining in the fund be transferred to an account | 625 |
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 of | 628 |
a statute or ordinance, or subsection of a statute or ordinance, | 629 |
that requires a separate finding of fact or a separate plea before | 630 |
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 single | 633 |
summons, citation, or complaint. "Criminal cause" does not include | 634 |
separate violations of the same statute or ordinance, or | 635 |
subsection of the same statute or ordinance, unless each charge is | 636 |
filed on a separate summons, citation, or complaint. | 637 |
(b) "Civil action or proceeding" means any civil litigation | 638 |
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 |