As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 5


Representative Huffman 



A BILL
To enact sections 2746.01, 2746.02, 2746.03, 2746.04, 1
2746.05, 2746.06, 2746.07, 2746.08, and 2746.09 of 2
the Revised Code to provide consolidated 3
references to Revised Code sections that establish 4
costs and fees, other than attorney fees, in the 5
courts of record of this state. 6


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

       Section 1. That sections 2746.01, 2746.02, 2746.03, 2746.04, 7
2746.05, 2746.06, 2746.07, 2746.08, and 2746.09 of the Revised 8
Code be enacted to read as follows: 9

       Sec. 2746.01.  A court of record of this state shall tax as 10
costs or otherwise require the payment of fees for the following 11
services rendered or as compensation for the following persons or 12
any other of the following fees that are applicable in a 13
particular case:14

       (A) Appraisers, commissioners, or arbitrators appointed to 15
make or procure an appraisement or valuation of any property, as 16
provided in section 2335.02 of the Revised Code; 17

       (B) Auctioneers appointed to conduct any public auction of 18
goods, chattels, or lands required to be sold by an officer of the 19
court, as provided in section 2335.021 of the Revised Code; 20

       (C) Commissioners appointed to make partition of lands or to 21
assign dower and appraisers of real or personal property on 22
execution, replevin, or attachment or to fix the value of exempt 23
property, as provided in section 2335.01 of the Revised Code; 24

       (D) Deposit of rent with the clerk of court by a resident of 25
a manufactured home park, as provided in section 3733.121 of the 26
Revised Code, or by a tenant of residential premises, as provided 27
in section 5321.08 of the Revised Code;28

       (E) Interpreters, as provided in section 2335.09 of the 29
Revised Code;30

       (F) Fees in a civil action or appeal commenced by an inmate 31
against a government entity or employee, as provided in section 32
2969.22 of the Revised Code;33

       (G) Procurement of a transcript of a judgment or proceeding 34
or exemplification of a record in an appeal or other civil action, 35
as provided in section 2303.21 of the Revised Code;36

       (H) Publication of an advertisement, notice, or proclamation 37
required to be published by a trustee, assignee, executor, 38
administrator, receiver, or other officer of the court or a party 39
in a case or proceeding, as provided in section 7.13 of the 40
Revised Code;41

       (I) Publication of calendars, motion dockets, legal 42
advertisements, and notices, the fees for which are not fixed by 43
law, as provided in section 2701.09 of the Revised Code;44

       (J) Sheriffs, as provided in section 311.17 of the Revised 45
Code;46

       (K) Township constables or members of the police force of a 47
township police district or joint police district, as provided in 48
section 509.15 of the Revised Code;49

       (L) Witnesses, as follows:50

       (1) Fees and mileage in civil cases, as provided in section 51
2335.06 of the Revised Code;52

       (2) Fees and mileage in criminal cases, as provided in 53
section 2335.08 of the Revised Code;54

       (3) Fees in all cases or proceedings not specified in 55
sections 2335.06 and 2335.08 of the Revised Code, as provided in 56
section 2335.05 of the Revised Code;57

       (4) Fees of municipal police officers in state felony cases, 58
as provided in section 2335.17 of the Revised Code;59

       (5) Fees in arbitration proceedings, as provided in section 60
2711.06 of the Revised Code.61

       (M) In an action to abate a nuisance or to enforce a local 62
code relating to buildings, the expenses of operating and 63
conserving the building, as provided in section 3767.41 of the 64
Revised Code.65

       Sec. 2746.02.  A court of record of this state shall tax as 66
costs or otherwise require the payment of fees for the following 67
services rendered, as compensation for the following persons, or 68
as part of the sentence imposed by the court, or any other of the 69
following fees that are applicable in a particular case:70

       (A) In a felony case, financial sanctions, as provided in 71
section 2929.18 of the Revised Code;72

       (B) In any criminal case, the costs of prosecution, as 73
provided in section 2947.23 of the Revised Code;74

       (C) In a misdemeanor case in which the offender is sentenced 75
to a jail term, the local detention facility is covered by a 76
policy adopted by the facility's governing authority requiring 77
reimbursement for the costs of confinement, and the offender is 78
presented with an itemized bill pursuant to section 2929.37 of the 79
Revised Code for such costs, the costs of confinement, as provided 80
in section 2929.24 of the Revised Code;81

       (D) In a case in which an offender is sentenced for 82
endangering children in violation of section 2919.22 of the 83
Revised Code, the costs of the offender's supervised community 84
service work, as provided in section 2919.22 of the Revised Code;85

       (E) In a case in which a defendant is charged with any of 86
certain sexual assault or prostitution-related offenses and is 87
found to be suffering from a venereal disease in an infectious 88
stage, the cost of medical treatment, as provided in section 89
2907.27 of the Revised Code;90

       (F) In a case in which a defendant is charged with harassment 91
with a bodily substance, the cost of medical testing, as provided 92
in section 2921.38 of the Revised Code; 93

       (G) In a case in which a defendant is charged with violating 94
a protection order in violation of section 2919.27 of the Revised 95
Code or of a municipal ordinance that is substantially similar to 96
that section, the costs of any evaluation and preceding 97
examination of the defendant, as provided in section 2919.271 of 98
the Revised Code;99

       (H) Presentence psychological or psychiatric reports, as 100
provided in section 2947.06 of the Revised Code;101

       (I) In a criminal proceeding, the taking of a deposition of a 102
person who is imprisoned in a detention facility or state 103
correctional institution within this state or who is in the 104
custody of the department of youth services, as provided in 105
section 2945.47 of the Revised Code;106

       (J) In a case in which a person is convicted of or pleads 107
guilty to any offense other than a parking violation or in which a 108
child is found to be a delinquent child or a juvenile traffic 109
offender for an act that, if committed by an adult, would be an 110
offense other than a parking violation, additional costs and bail, 111
if applicable, as provided in sections 2743.70 and 2949.091 of the 112
Revised Code, but subject to waiver as provided in section 113
2949.092 of the Revised Code;114

       (K) In a case in which a person is convicted of or pleads 115
guilty to a moving violation or in which a child is found to be a 116
juvenile traffic offender for an act which, if committed by an 117
adult, would be a moving violation, additional costs and bail, if 118
applicable, as provided in sections 2949.093 and 2949.094 of the 119
Revised Code, but subject to waiver as provided in section 120
2949.092 of the Revised Code;121

       (L) In a case in which a defendant is convicted of abandoning 122
a junk vessel or outboard motor without notifying the appropriate 123
law enforcement officer, the cost incurred by the state or a 124
political subdivision in disposing of the vessel or motor, as 125
provided in section 1547.99 of the Revised Code;126

       (M) The costs of electronic monitoring in the following 127
cases:128

       (1) In a misdemeanor case in which the offender is convicted 129
of any of certain prostitution-related offenses and a 130
specification under section 2941.1421 of the Revised Code, as 131
provided in section 2929.24 of the Revised Code;132

       (2) In a case in which the court issues a criminal protection 133
order against a minor upon a petition alleging that the respondent 134
committed any of certain assault, menacing, or trespass offenses, 135
a sexually oriented offense, or an offense under a municipal 136
ordinance that is substantially equivalent to any of those 137
offenses, as provided in section 2151.34 of the Revised Code;138

       (3) In a case in which the court issues a protection order 139
against an adult upon a petition alleging that the respondent 140
committed menacing by stalking or a sexually oriented offense, as 141
provided in section 2903.214 of the Revised Code;142

       (4) In a case in which an offender is convicted of violating 143
a protection order, as provided in section 2919.27 of the Revised 144
Code;145

       (5) In a case in which the offender is convicted of any 146
sexually oriented offense and is a tier III sex 147
offender/child-victim offender relative to that offense, as 148
provided in section 2929.13 of the Revised Code.149

       (N) In a proceeding for post-conviction relief, a transcript, 150
as provided in section 2953.21 of the Revised Code;151

       (O) In a proceeding for the sealing of a conviction record, 152
the fee provided for in section 2953.32 of the Revised Code.153

       Sec. 2746.03.  In addition to any applicable fees or costs 154
set forth in sections 2746.01 and 2746.02 of the Revised Code or 155
any other applicable provision of law, the supreme court, a court 156
of appeals, or the court of claims shall tax as costs or otherwise 157
require the payment of fees for the following services rendered or 158
as compensation for the following persons or any other of the 159
following fees that are applicable in a particular case:160

       (A) In the supreme court, filing fees, as provided in section 161
2503.17 of the Revised Code;162

       (B) In a court of appeals:163

       (1) Fees collectible by the clerk of a court of common pleas 164
when acting as the clerk of the court of appeals of the county, as 165
provided in section 2303.03 of the Revised Code;166

       (2) Additional filing fees or charges for special projects, 167
programs, or services, as provided in section 2501.16 of the 168
Revised Code;169

       (3) Sheriffs or other officers who serve process, as provided 170
in section 2501.19 of the Revised Code;171

       (4) Shorthand reporters, as provided in section 2501.17 of 172
the Revised Code;173

       (5) The expense of preparing and transcribing the record in 174
an appeal to the tenth district court of appeals from a ruling of 175
the director of health under the certificate of need program, as 176
provided in section 3702.60 of the Revised Code.177

       (C) In the court of claims:178

       (1) The fees provided for in section 2743.09 of the Revised 179
Code;180

       (2) Witness fees and mileage, as provided in section 2743.06 181
of the Revised Code.182

       Sec. 2746.04.  In addition to any applicable fees or costs 183
set forth in sections 2746.01 and 2746.02 of the Revised Code or 184
any other applicable provision of law, a court of common pleas 185
shall tax as costs or otherwise require the payment of fees for 186
the following services rendered or as compensation for the 187
following persons or any other of the following fees that are 188
applicable in a particular case:189

       (A) The fees provided for in section 2303.20 of the Revised 190
Code;191

       (B) Additional fees to computerize the court, make available 192
computerized legal research services, computerize the office of 193
the clerk of the court, provide financial assistance to legal aid 194
societies, support the office of the state public defender, fund 195
shelters for victims of domestic violence, and special projects of 196
the court, as provided in section 2303.201 and, for a court that 197
has a domestic relations division, section 2301.031 of the Revised 198
Code;199

       (C) Filing for a divorce decree under section 3105.10 or a 200
decree of dissolution under section 3105.65 of the Revised Code, 201
as provided in section 3109.14 of the Revised Code;202

       (D) Filing of a foreign judgment pursuant to section 2329.022 203
of the Revised Code, as provided in section 2329.025 of the 204
Revised Code;205

       (E) Interpreters, as provided in section 2301.14 of the 206
Revised Code;207

       (F) Jurors in civil actions, as provided in section 2335.28 208
of the Revised Code;209

       (G) Shorthand reporters, as provided in sections 2301.21 and 210
2301.24 of the Revised Code;211

       (H) In a case involving the operation by a nonresident of a 212
vessel upon the waters in this state, or the operation on the 213
waters in this state of a vessel owned by a nonresident if 214
operated with his consent, actual traveling expenses of the 215
defendant, as provided in section 1547.36 of the Revised Code;216

       (I) In a civil case, the expenses of taking a deposition of a 217
person who is imprisoned in a workhouse, juvenile detention 218
facility, jail, or state correctional institution within this 219
state, or who is in the custody of the department of youth 220
services, as provided in section 2317.06 of the Revised Code;221

       (J) In proceedings relating to the examination of a judgment 222
debtor under sections 2333.09 to 2333.27 of the Revised Code, 223
compensation for clerks, sheriffs, referees, receivers, and 224
witnesses, as provided in section 2333.27 of the Revised Code;225

       (K) In an appeal from an order of an agency issued pursuant 226
to an adjudication under section 119.12 of the Revised Code, the 227
expense of preparing and transcribing the record;228

       (L) In a case in which the court issues a protection order 229
upon a petition alleging that the respondent engaged in domestic 230
violence against a family or household member, the cost of 231
supervision of the respondent's exercise of parenting time, 232
visitation, or companionship rights, as provided in section 233
3113.31 of the Revised Code;234

       (M) Upon a petition to have a person involuntarily 235
institutionalized, the costs of appointed counsel for the 236
respondent at a full hearing, as provided in section 5123.76 of 237
the Revised Code;238

       (N) In a case before the domestic relations division of the 239
Hamilton county court of common pleas, the expense of serving a 240
summons, warrant, citation, subpoena, or other writ issued to an 241
officer other than a bailiff, constable, or staff investigator of 242
the division, as provided in section 2301.03 of the Revised Code.243

       Sec. 2746.05.  In addition to any applicable fees or costs 244
set forth in sections 2746.01, 2746.02, and 2746.04 of the Revised 245
Code or any other applicable provision of law, a juvenile court 246
shall tax as costs or otherwise require the payment of fees for 247
the following services or as compensation for the following 248
persons:249

       (A) The fees provided for in section 2151.54 of the Revised 250
Code;251

       (B) Additional fees to computerize the court, make available 252
computerized legal research services, and computerize the office 253
of the clerk of the court, as provided in sections 2151.541, 254
2153.081, and 2301.031 of the Revised Code;255

       (C) The costs of house arrest with electronic monitoring, as 256
provided in section 2152.19 of the Revised Code;257

       (D) Witness fees, as provided in section 2151.28 of the 258
Revised Code.259

       Sec. 2746.06.  In addition to any applicable fees or costs 260
set forth in sections 2746.01, 2746.02, and 2746.04 of the Revised 261
Code or any other applicable provision of law, and subject to any 262
waiver of fees for combat zone casualties under section 2101.164 263
of the Revised Code and any reduction of fees under section 264
2101.20 of the Revised Code, a probate court shall tax as costs or 265
otherwise require the payment of fees for the following services 266
rendered or as compensation for the following persons or any other 267
of the following fees that are applicable in a particular case:268

       (A) The fees provided for in sections 2101.16, 2101.17, 269
2101.18, and 2101.32 of the Revised Code;270

       (B) Additional fees to computerize the court, make available 271
computerized legal research services, and computerize the office 272
of the clerk of the court, as provided in section 2101.162 of the 273
Revised Code;274

       (C) In a proceeding upon the assignment of property in trust 275
for the benefit of creditors, the fees provided for in section 276
1313.52 of the Revised Code;277

       (D) The fees allowable to a special master commissioner under 278
section 2101.07 of the Revised Code;279

       (E) In a proceeding filed pursuant to dispute resolution 280
procedures established by rule of the probate judge, a filing fee, 281
as provided in section 2101.163 of the Revised Code;282

       (F) Costs incident to the appointment of a fiduciary, as 283
provided in section 2101.21 of the Revised Code;284

       (G) A fee for solemnizing a marriage, as provided in section 285
2101.27 of the Revised Code;286

       (H) The additional marriage license fee provided for in 287
section 3113.34 of the Revised Code;288

       (I) The fee for deposit of a will provided for in section 289
2107.07 of the Revised Code;290

       (J) In a proceeding for the appointment of a guardian for an 291
alleged incompetent, physicians and other qualified persons to 292
examine, investigate, or represent the alleged incompetent, as 293
provided in section 2111.031 of the Revised Code;294

       (K) In an action to obtain authority to sell real estate, the 295
fees for failure to enter a release and satisfaction provided for 296
in section 2127.19 of the Revised Code;297

       (L) In a proceeding in aid of execution, the fees provided 298
for in section 2333.26 and 2333.27 of the Revised Code.299

       Sec. 2746.07.  In addition to any applicable fees or costs 300
set forth in sections 2746.01, 2746.02, and 2746.04 of the Revised 301
Code or any other applicable provision of law, a municipal court 302
shall tax as costs or otherwise require the payment of fees for 303
the following services or as compensation for the following 304
persons:305

       (A) The fees and costs provided for in section 1901.26 of the 306
Revised Code;307

       (B) Additional fees to computerize the court, make available 308
computerized legal research services, and computerize the office 309
of the clerk of the court, as provided in section 1901.261 of the 310
Revised Code;311

       (C) Jurors, as provided in section 1901.25 of the Revised 312
Code;313

       (D) In proceedings in the small claims division, the fees and 314
costs provided for in sections 1925.02, 1925.04, 1925.05, 1925.11, 315
and 1925.15 of the Revised Code;316

       (E) In a case in which an accused is brought before the court 317
pursuant to a warrant to keep the peace, an appeal bond, as 318
provided in section 2933.06 of the Revised Code;319

       (F) In a proceeding filed pursuant to dispute resolution 320
procedures established by rule of the court, a filing fee, as 321
provided in section 1901.262 of the Revised Code;322

       (G) In a case in which the clerk of the Cleveland municipal 323
court files a copy of a defendant's bond with the county recorder, 324
the recording fees and charges, as provided in section 1901.21 of 325
the Revised Code;326

       (H) In a criminal case, the expenses of an evaluation of the 327
defendant's competence to stand trial or the defendant's mental 328
condition at the time of the commission of the offense, as 329
provided in section 2945.37 of the Revised Code.330

       Sec. 2746.08.  In addition to any applicable fees or costs 331
set forth in sections 2746.01, 2746.02, and 2746.04 of the Revised 332
Code or any other applicable provision of law, a county court 333
shall tax as costs or otherwise require the payment of fees for 334
the following services rendered or as compensation for the 335
following persons or such other of the following fees as are 336
applicable in a particular case:337

       (A) The fees and costs provided for in section 1907.24 of the 338
Revised Code;339

       (B) Additional fees to computerize the court, make available 340
computerized legal research services, and computerize the office 341
of the clerk of the court, as provided in section 1907.261 of the 342
Revised Code;343

       (C) Arbitrators, as provided in section 1907.42 of the 344
Revised Code;345

       (D) Jurors, as provided in section 1907.28 of the Revised 346
Code;347

       (E) Performing a marriage ceremony, as provided in section 348
1907.26 of the Revised Code;349

       (F) Witnesses, as provided in section 1907.27 of the Revised 350
Code;351

       (G) In proceedings in the small claims division, the fees and 352
costs provided for in sections 1925.02, 1925.04, 1925.05, 1925.11, 353
and 1925.15 of the Revised Code;354

       (H) In a case in which an accused is brought before the court 355
pursuant to a warrant to keep the peace, an appeal bond, as 356
provided in section 2933.06 of the Revised Code;357

       (I) In a proceeding filed pursuant to dispute resolution 358
procedures established by rule of the court, a filing fee, as 359
provided in section 1907.262 of the Revised Code.360

       Sec. 2746.09.  In addition to any other applicable fees or 361
costs set forth in this chapter, a court shall tax as costs or 362
otherwise require the payment of the following fees, costs, or 363
expenses:364

       (A) The costs and expenses of a receiver allowed by the court 365
under section 323.49 of the Revised Code in a proceeding brought 366
by a county treasurer to be appointed receiver for the purposes of 367
collecting taxes and assessments charged upon real estate;368

       (B) The expenses of a referee or receiver allowed by the 369
court under section 1334.08 of the Revised Code in an action 370
brought by the attorney general pursuant to that section for a 371
violation of the business opportunity plans act;372

       (C) The expenses of a referee or receiver allowed by the 373
court under section 1345.07 of the Revised Code in an action 374
brought by the attorney general pursuant to that section for a 375
violation of the consumer sales practices act;376

       (D) The expenses of a master or receiver allowed by the court 377
under section 5311.27 of the Revised Code in an action brought by 378
the attorney general pursuant to that section for a violation of 379
the condominium act;380

       (E) Fees to which a receiver appointed under section 2715.20 381
or 2735.01 of the Revised Code may be entitled;382

       (F) Fees allowed to a receiver under any applicable rule of 383
court.384