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| To amend section 2329.66 and to enact sections | 1 |
| 2746.01, 2746.02, 2746.03, 2746.04, 2746.05, | 2 |
| 2746.06, 2746.07, 2746.08, and 2746.09 of the | 3 |
| Revised Code to require the Ohio Judicial | 4 |
| Conference periodically to adjust the dollar | 5 |
| amounts specified in the general exemption statute | 6 |
| and to provide consolidated references to Revised | 7 |
| Code sections that establish costs and fees, other | 8 |
| than attorney fees, in the courts of record of | 9 |
| this state. | 10 |
| Section 1. That section 2329.66 be amended and sections | 11 |
| 2746.01, 2746.02, 2746.03, 2746.04, 2746.05, 2746.06, 2746.07, | 12 |
| 2746.08, and 2746.09 of the Revised Code be enacted to read as | 13 |
| follows: | 14 |
| Sec. 2329.66. (A) Every person who is domiciled in this | 15 |
| state may hold property exempt from execution, garnishment, | 16 |
| attachment, or sale to satisfy a judgment or order, as follows: | 17 |
| (1)(a) In the case of a judgment or order regarding money | 18 |
| owed for health care services rendered or health care supplies | 19 |
| provided to the person or a dependent of the person, one parcel or | 20 |
| item of real or personal property that the person or a dependent | 21 |
| of the person uses as a residence. Division (A)(1)(a) of this | 22 |
| section does not preclude, affect, or invalidate the creation | 23 |
| under this chapter of a judgment lien upon the exempted property | 24 |
| but only delays the enforcement of the lien until the property is | 25 |
| sold or otherwise transferred by the owner or in accordance with | 26 |
| other applicable laws to a person or entity other than the | 27 |
| surviving spouse or surviving minor children of the judgment | 28 |
| debtor. Every person who is domiciled in this state may hold | 29 |
| exempt from a judgment lien created pursuant to division (A)(1)(a) | 30 |
| of this section the person's interest, not to exceed twenty | 31 |
| thousand two hundred dollars, in the exempted property. | 32 |
| (b) In the case of all other judgments and orders, the | 33 |
| person's interest, not to exceed twenty thousand two hundred | 34 |
| dollars, in one parcel or item of real or personal property that | 35 |
| the person or a dependent of the person uses as a residence. | 36 |
| (2) The person's interest, not to exceed three thousand two | 37 |
| hundred twenty-five dollars, in one motor vehicle; | 38 |
| (3) The person's interest, not to exceed four hundred | 39 |
| dollars, in cash on hand, money due and payable, money to become | 40 |
| due within ninety days, tax refunds, and money on deposit with a | 41 |
| bank, savings and loan association, credit union, public utility, | 42 |
| landlord, or other person, other than personal earnings. | 43 |
| (4)(a) The person's interest, not to exceed five hundred | 44 |
| twenty-five dollars in any particular item or ten thousand seven | 45 |
| hundred seventy-five dollars in aggregate value, in household | 46 |
| furnishings, household goods, wearing apparel, appliances, books, | 47 |
| animals, crops, musical instruments, firearms, and hunting and | 48 |
| fishing equipment that are held primarily for the personal, | 49 |
| family, or household use of the person; | 50 |
| (b) The person's aggregate interest in one or more items of | 51 |
| jewelry, not to exceed one thousand three hundred fifty dollars, | 52 |
| held primarily for the personal, family, or household use of the | 53 |
| person or any of the person's dependents. | 54 |
| (5) The person's interest, not to exceed an aggregate of two | 55 |
| thousand twenty-five dollars, in all implements, professional | 56 |
| books, or tools of the person's profession, trade, or business, | 57 |
| including agriculture; | 58 |
| (6)(a) The person's interest in a beneficiary fund set apart, | 59 |
| appropriated, or paid by a benevolent association or society, as | 60 |
| exempted by section 2329.63 of the Revised Code; | 61 |
| (b) The person's interest in contracts of life or endowment | 62 |
| insurance or annuities, as exempted by section 3911.10 of the | 63 |
| Revised Code; | 64 |
| (c) The person's interest in a policy of group insurance or | 65 |
| the proceeds of a policy of group insurance, as exempted by | 66 |
| section 3917.05 of the Revised Code; | 67 |
| (d) The person's interest in money, benefits, charity, | 68 |
| relief, or aid to be paid, provided, or rendered by a fraternal | 69 |
| benefit society, as exempted by section 3921.18 of the Revised | 70 |
| Code; | 71 |
| (e) The person's interest in the portion of benefits under | 72 |
| policies of sickness and accident insurance and in lump sum | 73 |
| payments for dismemberment and other losses insured under those | 74 |
| policies, as exempted by section 3923.19 of the Revised Code. | 75 |
| (7) The person's professionally prescribed or medically | 76 |
| necessary health aids; | 77 |
| (8) The person's interest in a burial lot, including, but not | 78 |
| limited to, exemptions under section 517.09 or 1721.07 of the | 79 |
| Revised Code; | 80 |
| (9) The person's interest in the following: | 81 |
| (a) Moneys paid or payable for living maintenance or rights, | 82 |
| as exempted by section 3304.19 of the Revised Code; | 83 |
| (b) Workers' compensation, as exempted by section 4123.67 of | 84 |
| the Revised Code; | 85 |
| (c) Unemployment compensation benefits, as exempted by | 86 |
| section 4141.32 of the Revised Code; | 87 |
| (d) Cash assistance payments under the Ohio works first | 88 |
| program, as exempted by section 5107.75 of the Revised Code; | 89 |
| (e) Benefits and services under the prevention, retention, | 90 |
| and contingency program, as exempted by section 5108.08 of the | 91 |
| Revised Code; | 92 |
| (f) Disability financial assistance payments, as exempted by | 93 |
| section 5115.06 of the Revised Code; | 94 |
| (g) Payments under section 24 or 32 of the "Internal Revenue | 95 |
| Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended. | 96 |
| (10)(a) Except in cases in which the person was convicted of | 97 |
| or pleaded guilty to a violation of section 2921.41 of the Revised | 98 |
| Code and in which an order for the withholding of restitution from | 99 |
| payments was issued under division (C)(2)(b) of that section, in | 100 |
| cases in which an order for withholding was issued under section | 101 |
| 2907.15 of the Revised Code, and in cases in which an order for | 102 |
| forfeiture was issued under division (A) or (B) of section | 103 |
| 2929.192 of the Revised Code, and only to the extent provided in | 104 |
| the order, and except as provided in sections 3105.171, 3105.63, | 105 |
| 3119.80, 3119.81, 3121.02, 3121.03, and 3123.06 of the Revised | 106 |
| Code, the person's right to a pension, benefit, annuity, | 107 |
| retirement allowance, or accumulated contributions, the person's | 108 |
| right to a participant account in any deferred compensation | 109 |
| program offered by the Ohio public employees deferred compensation | 110 |
| board, a government unit, or a municipal corporation, or the | 111 |
| person's other accrued or accruing rights, as exempted by section | 112 |
| 145.56, 146.13, 148.09, 742.47, 3307.41, 3309.66, or 5505.22 of | 113 |
| the Revised Code, and the person's right to benefits from the Ohio | 114 |
| public safety officers death benefit fund; | 115 |
| (b) Except as provided in sections 3119.80, 3119.81, 3121.02, | 116 |
| 3121.03, and 3123.06 of the Revised Code, the person's right to | 117 |
| receive a payment under any pension, annuity, or similar plan or | 118 |
| contract, not including a payment from a stock bonus or | 119 |
| profit-sharing plan or a payment included in division (A)(6)(b) or | 120 |
| (10)(a) of this section, on account of illness, disability, death, | 121 |
| age, or length of service, to the extent reasonably necessary for | 122 |
| the support of the person and any of the person's dependents, | 123 |
| except if all the following apply: | 124 |
| (i) The plan or contract was established by or under the | 125 |
| auspices of an insider that employed the person at the time the | 126 |
| person's rights under the plan or contract arose. | 127 |
| (ii) The payment is on account of age or length of service. | 128 |
| (iii) The plan or contract is not qualified under the | 129 |
| "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as | 130 |
| amended. | 131 |
| (c) Except for any portion of the assets that were deposited | 132 |
| for the purpose of evading the payment of any debt and except as | 133 |
| provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and | 134 |
| 3123.06 of the Revised Code, the person's right in the assets held | 135 |
| in, or to receive any payment under, any individual retirement | 136 |
| account, individual retirement annuity, "Roth IRA," or education | 137 |
| individual retirement account that provides benefits by reason of | 138 |
| illness, disability, death, or age, to the extent that the assets, | 139 |
| payments, or benefits described in division (A)(10)(c) of this | 140 |
| section are attributable to any of the following: | 141 |
| (i) Contributions of the person that were less than or equal | 142 |
| to the applicable limits on deductible contributions to an | 143 |
| individual retirement account or individual retirement annuity in | 144 |
| the year that the contributions were made, whether or not the | 145 |
| person was eligible to deduct the contributions on the person's | 146 |
| federal tax return for the year in which the contributions were | 147 |
| made; | 148 |
| (ii) Contributions of the person that were less than or equal | 149 |
| to the applicable limits on contributions to a Roth IRA or | 150 |
| education individual retirement account in the year that the | 151 |
| contributions were made; | 152 |
| (iii) Contributions of the person that are within the | 153 |
| applicable limits on rollover contributions under subsections 219, | 154 |
| 402(c), 403(a)(4), 403(b)(8), 408(b), 408(d)(3), 408A(c)(3)(B), | 155 |
| 408A(d)(3), and 530(d)(5) of the "Internal Revenue Code of 1986," | 156 |
| 100 Stat. 2085, 26 U.S.C.A. 1, as amended. | 157 |
| (d) Except for any portion of the assets that were deposited | 158 |
| for the purpose of evading the payment of any debt and except as | 159 |
| provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and | 160 |
| 3123.06 of the Revised Code, the person's right in the assets held | 161 |
| in, or to receive any payment under, any Keogh or "H.R. 10" plan | 162 |
| that provides benefits by reason of illness, disability, death, or | 163 |
| age, to the extent reasonably necessary for the support of the | 164 |
| person and any of the person's dependents. | 165 |
| (11) The person's right to receive spousal support, child | 166 |
| support, an allowance, or other maintenance to the extent | 167 |
| reasonably necessary for the support of the person and any of the | 168 |
| person's dependents; | 169 |
| (12) The person's right to receive, or moneys received during | 170 |
| the preceding twelve calendar months from, any of the following: | 171 |
| (a) An award of reparations under sections 2743.51 to 2743.72 | 172 |
| of the Revised Code, to the extent exempted by division (D) of | 173 |
| section 2743.66 of the Revised Code; | 174 |
| (b) A payment on account of the wrongful death of an | 175 |
| individual of whom the person was a dependent on the date of the | 176 |
| individual's death, to the extent reasonably necessary for the | 177 |
| support of the person and any of the person's dependents; | 178 |
| (c) Except in cases in which the person who receives the | 179 |
| payment is an inmate, as defined in section 2969.21 of the Revised | 180 |
| Code, and in which the payment resulted from a civil action or | 181 |
| appeal against a government entity or employee, as defined in | 182 |
| section 2969.21 of the Revised Code, a payment, not to exceed | 183 |
| twenty thousand two hundred dollars, on account of personal bodily | 184 |
| injury, not including pain and suffering or compensation for | 185 |
| actual pecuniary loss, of the person or an individual for whom the | 186 |
| person is a dependent; | 187 |
| (d) A payment in compensation for loss of future earnings of | 188 |
| the person or an individual of whom the person is or was a | 189 |
| dependent, to the extent reasonably necessary for the support of | 190 |
| the debtor and any of the debtor's dependents. | 191 |
| (13) Except as provided in sections 3119.80, 3119.81, | 192 |
| 3121.02, 3121.03, and 3123.06 of the Revised Code, personal | 193 |
| earnings of the person owed to the person for services in an | 194 |
| amount equal to the greater of the following amounts: | 195 |
| (a) If paid weekly, thirty times the current federal minimum | 196 |
| hourly wage; if paid biweekly, sixty times the current federal | 197 |
| minimum hourly wage; if paid semimonthly, sixty-five times the | 198 |
| current federal minimum hourly wage; or if paid monthly, one | 199 |
| hundred thirty times the current federal minimum hourly wage that | 200 |
| is in effect at the time the earnings are payable, as prescribed | 201 |
| by the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 | 202 |
| U.S.C. 206(a)(1), as amended; | 203 |
| (b) Seventy-five per cent of the disposable earnings owed to | 204 |
| the person. | 205 |
| (14) The person's right in specific partnership property, as | 206 |
| exempted by division (B)(3) of section 1775.24 of the Revised Code | 207 |
| or the person's rights in a partnership pursuant to section | 208 |
| 1776.50 of the Revised Code, except as otherwise set forth in | 209 |
| section 1776.50 of the Revised Code; | 210 |
| (15) A seal and official register of a notary public, as | 211 |
| exempted by section 147.04 of the Revised Code; | 212 |
| (16) The person's interest in a tuition unit or a payment | 213 |
| under section 3334.09 of the Revised Code pursuant to a tuition | 214 |
| payment contract, as exempted by section 3334.15 of the Revised | 215 |
| Code; | 216 |
| (17) Any other property that is specifically exempted from | 217 |
| execution, attachment, garnishment, or sale by federal statutes | 218 |
| other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11 | 219 |
| U.S.C.A. 101, as amended; | 220 |
| (18) The person's aggregate interest in any property, not to | 221 |
| exceed one thousand seventy-five dollars, except that division | 222 |
| (A)(18) of this section applies only in bankruptcy proceedings. | 223 |
| (B) On April 1, 2010, and on the first day of April in each | 224 |
| third calendar year after 2010, the Ohio judicial conference shall | 225 |
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adjust each dollar amount set forth in this section | 226 |
| 227 | |
| 228 | |
| 229 | |
| urban consumers, as published by the United States department of | 230 |
| labor, or, if that index is no longer published, a generally | 231 |
| available comparable index, for the three-year period ending on | 232 |
| the thirty-first day of December of the preceding year. Any | 233 |
| adjustments required by this division shall be rounded to the | 234 |
| nearest twenty-five dollars. | 235 |
| The Ohio judicial conference shall prepare a memorandum | 236 |
| specifying the adjusted dollar amounts. The judicial conference | 237 |
| shall transmit the memorandum to the director of the legislative | 238 |
| service commission, and the director shall publish the memorandum | 239 |
| in the register of Ohio. (Publication of the memorandum in the | 240 |
| register of Ohio shall continue until the next memorandum | 241 |
| specifying an adjustment is so published.) The judicial conference | 242 |
| also may publish the memorandum in any other manner it concludes | 243 |
| will be reasonably likely to inform persons who are affected by | 244 |
| its adjustment of the dollar amounts. | 245 |
| (C) As used in this section: | 246 |
| (1) "Disposable earnings" means net earnings after the | 247 |
| garnishee has made deductions required by law, excluding the | 248 |
| deductions ordered pursuant to section 3119.80, 3119.81, 3121.02, | 249 |
| 3121.03, or 3123.06 of the Revised Code. | 250 |
| (2) "Insider" means: | 251 |
| (a) If the person who claims an exemption is an individual, a | 252 |
| relative of the individual, a relative of a general partner of the | 253 |
| individual, a partnership in which the individual is a general | 254 |
| partner, a general partner of the individual, or a corporation of | 255 |
| which the individual is a director, officer, or in control; | 256 |
| (b) If the person who claims an exemption is a corporation, a | 257 |
| director or officer of the corporation; a person in control of the | 258 |
| corporation; a partnership in which the corporation is a general | 259 |
| partner; a general partner of the corporation; or a relative of a | 260 |
| general partner, director, officer, or person in control of the | 261 |
| corporation; | 262 |
| (c) If the person who claims an exemption is a partnership, a | 263 |
| general partner in the partnership; a general partner of the | 264 |
| partnership; a person in control of the partnership; a partnership | 265 |
| in which the partnership is a general partner; or a relative in, a | 266 |
| general partner of, or a person in control of the partnership; | 267 |
| (d) An entity or person to which or whom any of the following | 268 |
| applies: | 269 |
| (i) The entity directly or indirectly owns, controls, or | 270 |
| holds with power to vote, twenty per cent or more of the | 271 |
| outstanding voting securities of the person who claims an | 272 |
| exemption, unless the entity holds the securities in a fiduciary | 273 |
| or agency capacity without sole discretionary power to vote the | 274 |
| securities or holds the securities solely to secure to debt and | 275 |
| the entity has not in fact exercised the power to vote. | 276 |
| (ii) The entity is a corporation, twenty per cent or more of | 277 |
| whose outstanding voting securities are directly or indirectly | 278 |
| owned, controlled, or held with power to vote, by the person who | 279 |
| claims an exemption or by an entity to which division (C)(2)(d)(i) | 280 |
| of this section applies. | 281 |
| (iii) A person whose business is operated under a lease or | 282 |
| operating agreement by the person who claims an exemption, or a | 283 |
| person substantially all of whose business is operated under an | 284 |
| operating agreement with the person who claims an exemption. | 285 |
| (iv) The entity operates the business or all or substantially | 286 |
| all of the property of the person who claims an exemption under a | 287 |
| lease or operating agreement. | 288 |
| (e) An insider, as otherwise defined in this section, of a | 289 |
| person or entity to which division (C)(2)(d)(i), (ii), (iii), or | 290 |
| (iv) of this section applies, as if the person or entity were a | 291 |
| person who claims an exemption; | 292 |
| (f) A managing agent of the person who claims an exemption. | 293 |
| (3) "Participant account" has the same meaning as in section | 294 |
| 148.01 of the Revised Code. | 295 |
| (4) "Government unit" has the same meaning as in section | 296 |
| 148.06 of the Revised Code. | 297 |
| (D) For purposes of this section, "interest" shall be | 298 |
| determined as follows: | 299 |
| (1) In bankruptcy proceedings, as of the date a petition is | 300 |
| filed with the bankruptcy court commencing a case under Title 11 | 301 |
| of the United States Code; | 302 |
| (2) In all cases other than bankruptcy proceedings, as of the | 303 |
| date of an appraisal, if necessary under section 2329.68 of the | 304 |
| Revised Code, or the issuance of a writ of execution. | 305 |
| An interest, as determined under division (D)(1) or (2) of | 306 |
| this section, shall not include the amount of any lien otherwise | 307 |
| valid pursuant to section 2329.661 of the Revised Code. | 308 |
| Sec. 2746.01. A court of record of this state shall tax as | 309 |
| costs or otherwise require the payment of fees for the following | 310 |
| services rendered or as compensation for the following persons or | 311 |
| any other of the following fees that are applicable in a | 312 |
| particular case: | 313 |
| (A) Appraisers, commissioners, or arbitrators appointed to | 314 |
| make or procure an appraisement or valuation of any property, as | 315 |
| provided in section 2335.02 of the Revised Code; | 316 |
| (B) Auctioneers appointed to conduct any public auction of | 317 |
| goods, chattels, or lands required to be sold by an officer of the | 318 |
| court, as provided in section 2335.021 of the Revised Code; | 319 |
| (C) Commissioners appointed to make partition of lands or to | 320 |
| assign dower and appraisers of real or personal property on | 321 |
| execution, replevin, or attachment or to fix the value of exempt | 322 |
| property, as provided in section 2335.01 of the Revised Code; | 323 |
| (D) Deposit of rent with the clerk of court by a resident of | 324 |
| a manufactured home park, as provided in section 3733.121 of the | 325 |
| Revised Code, or by a tenant of residential premises, as provided | 326 |
| in section 5321.08 of the Revised Code; | 327 |
| (E) Interpreters, as provided in section 2335.09 of the | 328 |
| Revised Code; | 329 |
| (F) Fees in a civil action or appeal commenced by an inmate | 330 |
| against a government entity or employee, as provided in section | 331 |
| 2969.22 of the Revised Code; | 332 |
| (G) Procurement of a transcript of a judgment or proceeding | 333 |
| or exemplification of a record in an appeal or other civil action, | 334 |
| as provided in section 2303.21 of the Revised Code; | 335 |
| (H) Publication of an advertisement, notice, or proclamation | 336 |
| required to be published by a trustee, assignee, executor, | 337 |
| administrator, receiver, or other officer of the court or a party | 338 |
| in a case or proceeding, as provided in section 7.13 of the | 339 |
| Revised Code; | 340 |
| (I) Publication of calendars, motion dockets, legal | 341 |
| advertisements, and notices, the fees for which are not fixed by | 342 |
| law, as provided in section 2701.09 of the Revised Code; | 343 |
| (J) Sheriffs, as provided in section 311.17 of the Revised | 344 |
| Code; | 345 |
| (K) Township constables or members of the police force of a | 346 |
| township police district or joint police district, as provided in | 347 |
| section 509.15 of the Revised Code; | 348 |
| (L) Witnesses, as follows: | 349 |
| (1) Fees and mileage in civil cases, as provided in section | 350 |
| 2335.06 of the Revised Code; | 351 |
| (2) Fees and mileage in criminal cases, as provided in | 352 |
| section 2335.08 of the Revised Code; | 353 |
| (3) Fees in all cases or proceedings not specified in | 354 |
| sections 2335.06 and 2335.08 of the Revised Code, as provided in | 355 |
| section 2335.05 of the Revised Code; | 356 |
| (4) Fees of municipal police officers in state felony cases, | 357 |
| as provided in section 2335.17 of the Revised Code; | 358 |
| (5) Fees in arbitration proceedings, as provided in section | 359 |
| 2711.06 of the Revised Code. | 360 |
| (M) In an action to abate a nuisance or to enforce a local | 361 |
| code relating to buildings, the expenses of operating and | 362 |
| conserving the building, as provided in section 3767.41 of the | 363 |
| Revised Code. | 364 |
| Sec. 2746.02. A court of record of this state shall tax as | 365 |
| costs or otherwise require the payment of fees for the following | 366 |
| services rendered, as compensation for the following persons, or | 367 |
| as part of the sentence imposed by the court, or any other of the | 368 |
| following fees that are applicable in a particular case: | 369 |
| (A) In a felony case, financial sanctions, as provided in | 370 |
| section 2929.18 of the Revised Code; | 371 |
| (B) In any criminal case, the costs of prosecution, as | 372 |
| provided in section 2947.23 of the Revised Code; | 373 |
| (C) In a misdemeanor case in which the offender is sentenced | 374 |
| to a jail term, the local detention facility is covered by a | 375 |
| policy adopted by the facility's governing authority requiring | 376 |
| reimbursement for the costs of confinement, and the offender is | 377 |
| presented with an itemized bill pursuant to section 2929.37 of the | 378 |
| Revised Code for such costs, the costs of confinement, as provided | 379 |
| in section 2929.24 of the Revised Code; | 380 |
| (D) In a case in which an offender is sentenced for | 381 |
| endangering children in violation of section 2919.22 of the | 382 |
| Revised Code, the costs of the offender's supervised community | 383 |
| service work, as provided in section 2919.22 of the Revised Code; | 384 |
| (E) In a case in which a defendant is charged with any of | 385 |
| certain sexual assault or prostitution-related offenses and is | 386 |
| found to be suffering from a venereal disease in an infectious | 387 |
| stage, the cost of medical treatment, as provided in section | 388 |
| 2907.27 of the Revised Code; | 389 |
| (F) In a case in which a defendant is charged with harassment | 390 |
| with a bodily substance, the cost of medical testing, as provided | 391 |
| in section 2921.38 of the Revised Code; | 392 |
| (G) In a case in which a defendant is charged with violating | 393 |
| a protection order in violation of section 2919.27 of the Revised | 394 |
| Code or of a municipal ordinance that is substantially similar to | 395 |
| that section, the costs of any evaluation and preceding | 396 |
| examination of the defendant, as provided in section 2919.271 of | 397 |
| the Revised Code; | 398 |
| (H) Presentence psychological or psychiatric reports, as | 399 |
| provided in section 2947.06 of the Revised Code; | 400 |
| (I) In a criminal proceeding, the taking of a deposition of a | 401 |
| person who is imprisoned in a detention facility or state | 402 |
| correctional institution within this state or who is in the | 403 |
| custody of the department of youth services, as provided in | 404 |
| section 2945.47 of the Revised Code; | 405 |
| (J) In a case in which a person is convicted of or pleads | 406 |
| guilty to any offense other than a parking violation or in which a | 407 |
| child is found to be a delinquent child or a juvenile traffic | 408 |
| offender for an act that, if committed by an adult, would be an | 409 |
| offense other than a parking violation, additional costs and bail, | 410 |
| if applicable, as provided in sections 2743.70 and 2949.091 of the | 411 |
| Revised Code, but subject to waiver as provided in section | 412 |
| 2949.092 of the Revised Code; | 413 |
| (K) In a case in which a person is convicted of or pleads | 414 |
| guilty to a moving violation or in which a child is found to be a | 415 |
| juvenile traffic offender for an act which, if committed by an | 416 |
| adult, would be a moving violation, additional costs and bail, if | 417 |
| applicable, as provided in sections 2949.093 and 2949.094 of the | 418 |
| Revised Code, but subject to waiver as provided in section | 419 |
| 2949.092 of the Revised Code; | 420 |
| (L) In a case in which a defendant is convicted of abandoning | 421 |
| a junk vessel or outboard motor without notifying the appropriate | 422 |
| law enforcement officer, the cost incurred by the state or a | 423 |
| political subdivision in disposing of the vessel or motor, as | 424 |
| provided in section 1547.99 of the Revised Code; | 425 |
| (M) The costs of electronic monitoring in the following | 426 |
| cases: | 427 |
| (1) In a misdemeanor case in which the offender is convicted | 428 |
| of any of certain prostitution-related offenses and a | 429 |
| specification under section 2941.1421 of the Revised Code, as | 430 |
| provided in section 2929.24 of the Revised Code; | 431 |
| (2) In a case in which the court issues a criminal protection | 432 |
| order against a minor upon a petition alleging that the respondent | 433 |
| committed any of certain assault, menacing, or trespass offenses, | 434 |
| a sexually oriented offense, or an offense under a municipal | 435 |
| ordinance that is substantially equivalent to any of those | 436 |
| offenses, as provided in section 2151.34 of the Revised Code; | 437 |
| (3) In a case in which the court issues a protection order | 438 |
| against an adult upon a petition alleging that the respondent | 439 |
| committed menacing by stalking or a sexually oriented offense, as | 440 |
| provided in section 2903.214 of the Revised Code; | 441 |
| (4) In a case in which an offender is convicted of violating | 442 |
| a protection order, as provided in section 2919.27 of the Revised | 443 |
| Code; | 444 |
| (5) In a case in which the offender is convicted of any | 445 |
| sexually oriented offense and is a tier III sex | 446 |
| offender/child-victim offender relative to that offense, as | 447 |
| provided in section 2929.13 of the Revised Code. | 448 |
| (N) In a proceeding for post-conviction relief, a transcript, | 449 |
| as provided in section 2953.21 of the Revised Code; | 450 |
| (O) In a proceeding for the sealing of a conviction record, | 451 |
| the fee provided for in section 2953.32 of the Revised Code. | 452 |
| Sec. 2746.03. In addition to any applicable fees or costs | 453 |
| set forth in sections 2746.01 and 2746.02 of the Revised Code or | 454 |
| any other applicable provision of law, the supreme court, a court | 455 |
| of appeals, or the court of claims shall tax as costs or otherwise | 456 |
| require the payment of fees for the following services rendered or | 457 |
| as compensation for the following persons or any other of the | 458 |
| following fees that are applicable in a particular case: | 459 |
| (A) In the supreme court, filing fees, as provided in section | 460 |
| 2503.17 of the Revised Code; | 461 |
| (B) In a court of appeals: | 462 |
| (1) Fees collectible by the clerk of a court of common pleas | 463 |
| when acting as the clerk of the court of appeals of the county, as | 464 |
| provided in section 2303.03 of the Revised Code; | 465 |
| (2) Additional filing fees or charges for special projects, | 466 |
| programs, or services, as provided in section 2501.16 of the | 467 |
| Revised Code; | 468 |
| (3) Sheriffs or other officers who serve process, as provided | 469 |
| in section 2501.19 of the Revised Code; | 470 |
| (4) Shorthand reporters, as provided in section 2501.17 of | 471 |
| the Revised Code; | 472 |
| (5) The expense of preparing and transcribing the record in | 473 |
| an appeal to the tenth district court of appeals from a ruling of | 474 |
| the director of health under the certificate of need program, as | 475 |
| provided in section 3702.60 of the Revised Code. | 476 |
| (C) In the court of claims: | 477 |
| (1) The fees provided for in section 2743.09 of the Revised | 478 |
| Code; | 479 |
| (2) Witness fees and mileage, as provided in section 2743.06 | 480 |
| of the Revised Code. | 481 |
| Sec. 2746.04. In addition to any applicable fees or costs | 482 |
| set forth in sections 2746.01 and 2746.02 of the Revised Code or | 483 |
| any other applicable provision of law, a court of common pleas | 484 |
| shall tax as costs or otherwise require the payment of fees for | 485 |
| the following services rendered or as compensation for the | 486 |
| following persons or any other of the following fees that are | 487 |
| applicable in a particular case: | 488 |
| (A) The fees provided for in section 2303.20 of the Revised | 489 |
| Code; | 490 |
| (B) Additional fees to computerize the court, make available | 491 |
| computerized legal research services, computerize the office of | 492 |
| the clerk of the court, provide financial assistance to legal aid | 493 |
| societies, support the office of the state public defender, fund | 494 |
| shelters for victims of domestic violence, and special projects of | 495 |
| the court, as provided in section 2303.201 and, for a court that | 496 |
| has a domestic relations division, section 2301.031 of the Revised | 497 |
| Code; | 498 |
| (C) Filing for a divorce decree under section 3105.10 or a | 499 |
| decree of dissolution under section 3105.65 of the Revised Code, | 500 |
| as provided in section 3109.14 of the Revised Code; | 501 |
| (D) Filing of a foreign judgment pursuant to section 2329.022 | 502 |
| of the Revised Code, as provided in section 2329.025 of the | 503 |
| Revised Code; | 504 |
| (E) Interpreters, as provided in section 2301.14 of the | 505 |
| Revised Code; | 506 |
| (F) Jurors in civil actions, as provided in section 2335.28 | 507 |
| of the Revised Code; | 508 |
| (G) Shorthand reporters, as provided in sections 2301.21 and | 509 |
| 2301.24 of the Revised Code; | 510 |
| (H) In a case involving the operation by a nonresident of a | 511 |
| vessel upon the waters in this state, or the operation on the | 512 |
| waters in this state of a vessel owned by a nonresident if | 513 |
| operated with his consent, actual traveling expenses of the | 514 |
| defendant, as provided in section 1547.36 of the Revised Code; | 515 |
| (I) In a civil case, the expenses of taking a deposition of a | 516 |
| person who is imprisoned in a workhouse, juvenile detention | 517 |
| facility, jail, or state correctional institution within this | 518 |
| state, or who is in the custody of the department of youth | 519 |
| services, as provided in section 2317.06 of the Revised Code; | 520 |
| (J) In proceedings relating to the examination of a judgment | 521 |
| debtor under sections 2333.09 to 2333.27 of the Revised Code, | 522 |
| compensation for clerks, sheriffs, referees, receivers, and | 523 |
| witnesses, as provided in section 2333.27 of the Revised Code; | 524 |
| (K) In an appeal from an order of an agency issued pursuant | 525 |
| to an adjudication under section 119.12 of the Revised Code, the | 526 |
| expense of preparing and transcribing the record; | 527 |
| (L) In a case in which the court issues a protection order | 528 |
| upon a petition alleging that the respondent engaged in domestic | 529 |
| violence against a family or household member, the cost of | 530 |
| supervision of the respondent's exercise of parenting time, | 531 |
| visitation, or companionship rights, as provided in section | 532 |
| 3113.31 of the Revised Code; | 533 |
| (M) Upon a petition to have a person involuntarily | 534 |
| institutionalized, the costs of appointed counsel for the | 535 |
| respondent at a full hearing, as provided in section 5123.76 of | 536 |
| the Revised Code; | 537 |
| (N) In a case before the domestic relations division of the | 538 |
| Hamilton county court of common pleas, the expense of serving a | 539 |
| summons, warrant, citation, subpoena, or other writ issued to an | 540 |
| officer other than a bailiff, constable, or staff investigator of | 541 |
| the division, as provided in section 2301.03 of the Revised Code. | 542 |
| Sec. 2746.05. In addition to any applicable fees or costs | 543 |
| set forth in sections 2746.01, 2746.02, and 2746.04 of the Revised | 544 |
| Code or any other applicable provision of law, a juvenile court | 545 |
| shall tax as costs or otherwise require the payment of fees for | 546 |
| the following services or as compensation for the following | 547 |
| persons: | 548 |
| (A) The fees provided for in section 2151.54 of the Revised | 549 |
| Code; | 550 |
| (B) Additional fees to computerize the court, make available | 551 |
| computerized legal research services, and computerize the office | 552 |
| of the clerk of the court, as provided in sections 2151.541, | 553 |
| 2153.081, and 2301.031 of the Revised Code; | 554 |
| (C) The costs of house arrest with electronic monitoring, as | 555 |
| provided in section 2152.19 of the Revised Code; | 556 |
| (D) Witness fees, as provided in section 2151.28 of the | 557 |
| Revised Code. | 558 |
| Sec. 2746.06. In addition to any applicable fees or costs | 559 |
| set forth in sections 2746.01, 2746.02, and 2746.04 of the Revised | 560 |
| Code or any other applicable provision of law, and subject to any | 561 |
| waiver of fees for combat zone casualties under section 2101.164 | 562 |
| of the Revised Code and any reduction of fees under section | 563 |
| 2101.20 of the Revised Code, a probate court shall tax as costs or | 564 |
| otherwise require the payment of fees for the following services | 565 |
| rendered or as compensation for the following persons or any other | 566 |
| of the following fees that are applicable in a particular case: | 567 |
| (A) The fees provided for in sections 2101.16, 2101.17, | 568 |
| 2101.18, and 2101.32 of the Revised Code; | 569 |
| (B) Additional fees to computerize the court, make available | 570 |
| computerized legal research services, and computerize the office | 571 |
| of the clerk of the court, as provided in section 2101.162 of the | 572 |
| Revised Code; | 573 |
| (C) In a proceeding upon the assignment of property in trust | 574 |
| for the benefit of creditors, the fees provided for in section | 575 |
| 1313.52 of the Revised Code; | 576 |
| (D) The fees allowable to a special master commissioner under | 577 |
| section 2101.07 of the Revised Code; | 578 |
| (E) In a proceeding filed pursuant to dispute resolution | 579 |
| procedures established by rule of the probate judge, a filing fee, | 580 |
| as provided in section 2101.163 of the Revised Code; | 581 |
| (F) Costs incident to the appointment of a fiduciary, as | 582 |
| provided in section 2101.21 of the Revised Code; | 583 |
| (G) A fee for solemnizing a marriage, as provided in section | 584 |
| 2101.27 of the Revised Code; | 585 |
| (H) The additional marriage license fee provided for in | 586 |
| section 3113.34 of the Revised Code; | 587 |
| (I) The fee for deposit of a will provided for in section | 588 |
| 2107.07 of the Revised Code; | 589 |
| (J) In a proceeding for the appointment of a guardian for an | 590 |
| alleged incompetent, physicians and other qualified persons to | 591 |
| examine, investigate, or represent the alleged incompetent, as | 592 |
| provided in section 2111.031 of the Revised Code; | 593 |
| (K) In an action to obtain authority to sell real estate, the | 594 |
| fees for failure to enter a release and satisfaction provided for | 595 |
| in section 2127.19 of the Revised Code; | 596 |
| (L) In a proceeding in aid of execution, the fees provided | 597 |
| for in section 2333.26 and 2333.27 of the Revised Code. | 598 |
| Sec. 2746.07. In addition to any applicable fees or costs | 599 |
| set forth in sections 2746.01, 2746.02, and 2746.04 of the Revised | 600 |
| Code or any other applicable provision of law, a municipal court | 601 |
| shall tax as costs or otherwise require the payment of fees for | 602 |
| the following services or as compensation for the following | 603 |
| persons: | 604 |
| (A) The fees and costs provided for in section 1901.26 of the | 605 |
| Revised Code; | 606 |
| (B) Additional fees to computerize the court, make available | 607 |
| computerized legal research services, and computerize the office | 608 |
| of the clerk of the court, as provided in section 1901.261 of the | 609 |
| Revised Code; | 610 |
| (C) Jurors, as provided in section 1901.25 of the Revised | 611 |
| Code; | 612 |
| (D) In proceedings in the small claims division, the fees and | 613 |
| costs provided for in sections 1925.02, 1925.04, 1925.05, 1925.11, | 614 |
| and 1925.15 of the Revised Code; | 615 |
| (E) In a case in which an accused is brought before the court | 616 |
| pursuant to a warrant to keep the peace, an appeal bond, as | 617 |
| provided in section 2933.06 of the Revised Code; | 618 |
| (F) In a proceeding filed pursuant to dispute resolution | 619 |
| procedures established by rule of the court, a filing fee, as | 620 |
| provided in section 1901.262 of the Revised Code; | 621 |
| (G) In a case in which the clerk of the Cleveland municipal | 622 |
| court files a copy of a defendant's bond with the county recorder, | 623 |
| the recording fees and charges, as provided in section 1901.21 of | 624 |
| the Revised Code; | 625 |
| (H) In a criminal case, the expenses of an evaluation of the | 626 |
| defendant's competence to stand trial or the defendant's mental | 627 |
| condition at the time of the commission of the offense, as | 628 |
| provided in section 2945.37 of the Revised Code. | 629 |
| Sec. 2746.08. In addition to any applicable fees or costs | 630 |
| set forth in sections 2746.01, 2746.02, and 2746.04 of the Revised | 631 |
| Code or any other applicable provision of law, a county court | 632 |
| shall tax as costs or otherwise require the payment of fees for | 633 |
| the following services rendered or as compensation for the | 634 |
| following persons or such other of the following fees as are | 635 |
| applicable in a particular case: | 636 |
| (A) The fees and costs provided for in section 1907.24 of the | 637 |
| Revised Code; | 638 |
| (B) Additional fees to computerize the court, make available | 639 |
| computerized legal research services, and computerize the office | 640 |
| of the clerk of the court, as provided in section 1907.261 of the | 641 |
| Revised Code; | 642 |
| (C) Arbitrators, as provided in section 1907.42 of the | 643 |
| Revised Code; | 644 |
| (D) Jurors, as provided in section 1907.28 of the Revised | 645 |
| Code; | 646 |
| (E) Performing a marriage ceremony, as provided in section | 647 |
| 1907.26 of the Revised Code; | 648 |
| (F) Witnesses, as provided in section 1907.27 of the Revised | 649 |
| Code; | 650 |
| (G) In proceedings in the small claims division, the fees and | 651 |
| costs provided for in sections 1925.02, 1925.04, 1925.05, 1925.11, | 652 |
| and 1925.15 of the Revised Code; | 653 |
| (H) In a case in which an accused is brought before the court | 654 |
| pursuant to a warrant to keep the peace, an appeal bond, as | 655 |
| provided in section 2933.06 of the Revised Code; | 656 |
| (I) In a proceeding filed pursuant to dispute resolution | 657 |
| procedures established by rule of the court, a filing fee, as | 658 |
| provided in section 1907.262 of the Revised Code. | 659 |
| Sec. 2746.09. In addition to any other applicable fees or | 660 |
| costs set forth in this chapter, a court shall tax as costs or | 661 |
| otherwise require the payment of the following fees, costs, or | 662 |
| expenses: | 663 |
| (A) The costs and expenses of a receiver allowed by the court | 664 |
| under section 323.49 of the Revised Code in a proceeding brought | 665 |
| by a county treasurer to be appointed receiver for the purposes of | 666 |
| collecting taxes and assessments charged upon real estate; | 667 |
| (B) The expenses of a referee or receiver allowed by the | 668 |
| court under section 1334.08 of the Revised Code in an action | 669 |
| brought by the attorney general pursuant to that section for a | 670 |
| violation of the business opportunity plans act; | 671 |
| (C) The expenses of a referee or receiver allowed by the | 672 |
| court under section 1345.07 of the Revised Code in an action | 673 |
| brought by the attorney general pursuant to that section for a | 674 |
| violation of the consumer sales practices act; | 675 |
| (D) The expenses of a master or receiver allowed by the court | 676 |
| under section 5311.27 of the Revised Code in an action brought by | 677 |
| the attorney general pursuant to that section for a violation of | 678 |
| the condominium act; | 679 |
| (E) Fees to which a receiver appointed under section 2715.20 | 680 |
| or 2735.01 of the Revised Code may be entitled; | 681 |
| (F) Fees allowed to a receiver under any applicable rule of | 682 |
| court. | 683 |
| Section 2. That existing section 2329.66 of the Revised Code | 684 |
| is hereby repealed. | 685 |
| Section 3. The Ohio judicial conference shall make and cause | 686 |
| publication of the adjustment required by the amendment to section | 687 |
| 2329.66 of the Revised Code as soon as possible but not later than | 688 |
| thirty days after the effective date of this section. | 689 |
| Section 4. Section 2329.66 of the Revised Code is presented | 690 |
| in this act as a composite of the section as amended by Sub. H.B | 691 |
| 332, Sub. S.B. 3, and Sub. S.B. 281 of the 127th General Assembly. | 692 |
| The General Assembly, applying the principle stated in division | 693 |
| (B) of section 1.52 of the Revised Code that amendments are to be | 694 |
| harmonized if reasonably capable of simultaneous operation, finds | 695 |
| that the composite is the resulting version of the section in | 696 |
| effect prior to the effective date of the section as presented in | 697 |
| this act. | 698 |