To amend sections 107.08, 1901.06, 1907.13, 2301.01, 2501.02, 2503.01, 2743.191, 2743.70, and 2949.111 and to enact sections 145.2914, 2503.51, 2503.52, 2503.53, 2503.54, 2503.55, and 2503.60 of the Revised Code to change the qualifications for all judges, to require the Supreme Court to establish a qualification program for candidates for judicial office, to create the Judicial Allotment Review Commission to study and review the allotment of judgeships in the courts for the purpose of recommending legislation to ensure the efficient and prompt administration of justice in Ohio, to create the Judicial Appointment Review Commission to make recommendations of persons to fill judicial vacancies, to specify that a portion of certain court costs currently deposited to the credit of the Reparations Fund be deposited in the fund for court security, and to make appropriations for court-related purposes.

Section 1. That sections 107.08, 1901.06, 1907.13, 2301.01, 2501.02, 2503.01, 2743.191, 2743.70, and 2949.111 be amended and sections 145.2914, 2503.51, 2503.52, 2503.53, 2503.54, 2503.55, and 2503.60 of the Revised Code be enacted to read as follows:

Sec. 107.08.  (A) The office of a judge is vacant at the expiration of the term of the incumbent when no person has been elected as the judge's successor. The vacancy shall be filled by appointment by the governor. If the appointment is to a court of appeals, court of common pleas, or municipal court, the clerk of the court shall give written notice to the board of elections responsible for conducting elections for that court of the name of the appointee. A successor shall be elected for the unexpired term at the first general election for the office that occurs more than forty days after the vacancy occurs.

(B)(1) There is hereby created the judicial appointment review commission consisting of seven, nine, or eleven members as determined by the governor. All members of the commission shall be appointed by and serve without compensation at the pleasure of the governor. Five members shall be at-large members whose terms of office shall be two years and who shall participate in making recommendations regarding all judicial vacancies considered by the commission during their tenure. The remaining members shall be regional members appointed to recommend persons to fill a specific judicial vacancy and whose terms of office expire when the commission makes its recommendations concerning that vacancy. Each regional member shall be a resident of the territory over which the court in which the vacancy occurred has jurisdiction. One regional member shall represent the interests of labor and consumers, and one regional member shall represent the interests of business and industry. A majority of all of the members shall be attorneys.

(2) The governor shall select a chairperson of the commission from among the at-large members, and the chairperson shall serve in that role at the pleasure of the governor. The chairperson shall establish procedures for the operation of the commission and for the recommendation of persons to fill each vacancy. The procedures shall provide for broad distribution of a notice of each judicial vacancy to persons who are potentially interested in being appointed to fill the vacancy, including posting of the notice on the governor's official web site, and for application to the commission by persons who wish to be considered for recommendation to fill a vacancy. The governor's chief legal counsel or the chief legal counsel's designee shall provide staff support to the commission.

(3) Whenever the office of a judge becomes vacant before the expiration of the regular term for which the judge was elected or by the expiration of the term of the incumbent when no person has been elected as the judge's successor, the commission shall recommend to the governor in alphabetical order three persons to fill the vacancy. In making a recommendation, the commission shall consider the length of time a person under consideration has practiced law, whether the person has been certified in a specialty area pursuant to the supreme court's rules for the government of the bar, the person's disciplinary history under the code of professional responsibility or rules of professional conduct adopted by the supreme court, comments received from the county bar associations and the chairpersons of the county central committees of the political parties in the county or district in which the judgeship is located, and any other factors the commission considers relevant. The governor may appoint one of the three recommended persons, ask the commission to make additional recommendations, or appoint another person to fill the vacancy.

(4) If the consideration of a vacancy under division (B)(3) of this section creates a conflict of interest for a member of the commission, the governor shall appoint a person to serve in place of the member for the consideration of that vacancy.

Sec. 145.2914. (A) If the general assembly abolishes a judgeship pursuant to section 2503.55 of the Revised Code and the judgeship abolished is the most recently created judgeship of the designated court and division, if any, the public employer that is responsible for the judicial office that is to be eliminated shall provide for a purchase of service credit on behalf of an individual who meets the requirements described in division (B) of this section and for payment of the entire cost of the service credit to be purchased.

(B) To be eligible to receive the service credit described in this section, the individual who currently holds the judicial office that is to be abolished shall meet all of the following requirements:

(1) The individual shall be a member of the public employees retirement system.

(2) The individual shall be eligible to retire or will become eligible to retire as a result of purchasing the service credit.

(3) The individual shall agree to retire within ninety days after receiving notice of payment of the amount described in division (D) of this section.

(C) The employer shall purchase five years of service credit for an individual described in division (B) of this section.

(D) On receipt of a request from an individual eligible to receive the service credit described in this section, the system shall obtain from its actuary certification of the additional liability to the system for the amount of service credit described in division (C) of this section and shall notify the employer of such additional liability. The employer shall pay to the system an amount equal to the additional liability resulting from the purchase.

(E) On the election by an individual to receive the service credit described in this section, the individual and the employer shall agree upon a date for payment, or contracting for payment in installments, to the system the cost of the service credit to be purchased. The employer shall submit to the system a written request for determination of the cost of the service credit and, within forty-five days after receiving the request, the system shall provide written notice of the cost to the employer.

The employer shall pay, or contract to pay in installments, the cost of the service credit to be purchased on the date agreed to by the individual and the employer. The payment shall be made in accordance with rules adopted by the public employees retirement board. The rules may provide for payment in installments and for crediting the purchased service credit to the individual's account upon the employer's contracting to pay the cost in installments. The system shall notify the individual when the individual is credited with service purchased under this section. If the individual does not retire within ninety days after receiving notice that the individual has been credited with the purchased service credit, the system shall refund to the employer the amount paid for the service credit.

No payment made to the system under this section shall affect any payment required under section 145.48 of the Revised Code.

Sec. 1901.06.  (A) A municipal judge during his the judge's term of office shall be a qualified elector and a resident of the territory of the court to which he the judge is elected or appointed. A municipal judge shall have been admitted to the practice of law in this state be an attorney at law in good standing, shall be registered for active status with the supreme court, and shall have been, for a total of at least six years preceding his appointment or the commencement of his the judge's term, engaged in the practice of law in this state or served as a judge of a court of record in any jurisdiction in the United States, or both.

Except as provided in section 1901.08 of the Revised Code, the first election of any newly created office of a municipal judge shall be held at the next regular municipal election occurring not less than one hundred days after the creation of the office. The institution of a new municipal court shall take place on the first day of January next after the first election for the court.

(B) As used in this section, "engaged in the practice of law" means having had as a primary occupation one or a combination of two or more of the following occupations:

(1) Attorney at law in good standing and registered for active status with the supreme court;

(2) Professor of law at an accredited law school;

(3) Member of the general assembly if before becoming a member of the general assembly the member otherwise engaged in the practice of law in this state as a primary occupation;

(4) Any other occupation recognized as the practice of law by rules or decisions of the supreme court.

Sec. 1907.13.  A county court judge, at the time of filing a nominating petition for the office or at the time of appointment to the office and during the judge's term of office, shall be a qualified elector and a resident of the county court district in which the judge is elected or appointed. A county court judge does not have to be a resident of an area of separate jurisdiction in the county court district to which the judge may be assigned pursuant to section 1907.15 of the Revised Code. Every county court judge shall be an attorney at law in good standing, shall be registered for active status with the supreme court, and shall have been admitted to the practice of law in this state and shall have been engaged, for a total of at least six years preceding the judge's appointment or the commencement of the judge's term, in the practice of law in this state, except that the six-year practice requirement does not apply to a county court judge who is holding office on the effective date of this amendment and who subsequently is a candidate for that office.

Judges shall be elected by the electors of the county court district at the general election in even-numbered years as set forth in section 1907.11 of the Revised Code for a term of six years commencing on the first day of January following the election for the county court or on the dates specified in section 1907.11 of the Revised Code for particular county court judges. Their successors shall be elected in even-numbered years every six years.

All candidates for county court judge shall be nominated by petition. The nominating petition shall be in the general form and signed and verified as prescribed by section 3513.261 of the Revised Code and shall be signed by the lesser of fifty qualified electors of the county court district or a number of qualified electors of the county court district not less than one per cent of the number of electors who voted for governor at the most recent regular state election in the district. A nominating petition shall not be accepted for filing or filed if it appears on its face to contain signatures aggregating in number more than twice the minimum aggregate number of signatures required by this section. A nominating petition shall be filed with the board of elections not later than four p.m. of the seventy-fifth day before the day of the general election.

As used in this section, "engaged in the practice of law" means having had as a primary occupation one or a combination of two or more of the following occupations:

(A) Attorney at law in good standing registered for active status with the supreme court;

(B) Professor of law at an accredited law school;

(C) Member of the general assembly if before becoming a member of the general assembly the member otherwise engaged in the practice of law in this state as a primary occupation;

(D) Any other occupation recognized as the practice of law by rules or decisions of the supreme court.

Sec. 2301.01.  (A) There shall be a court of common pleas in each county held by one or more judges, each of whom has been admitted to practice as an attorney at law in this state and has, for a total of at least six years preceding the judge's appointment or commencement of the judge's term, engaged in the practice of law in this state or served as a judge of a court of record in any jurisdiction in the United States, or both, resides in said county, and is elected by the electors therein. Each judge shall meet all of the following qualifications:

(1) Attorney at law in good standing and registered for active status with the supreme court;

(2) Preceding the judge's appointment or the commencement of the judge's term, either of the following:

(a) Engaging in the practice of law in this state for a total of at least ten years;

(b) Engaging in the practice of law in this state for a total of at least six years and service as a judge of a court of record in any jurisdiction of the United States for a total of at least six months.

(3) Residence in the county;

(4) Election by the electors of the county.

(B) Each judge shall be elected for six years at the general election immediately preceding the year in which the term, as provided in sections 2301.02 and 2301.03 of the Revised Code, commences, and the judge's successor shall be elected at the general election immediately preceding the expiration of such term.

(C) The board of county commissioners of a county in which there is one judge of the court of common pleas and in which the population is less than fifty thousand may by resolution submit to the electors of the county the question of reducing the minimum number of years specified in division (A)(2)(a) of this section the judge shall have engaged in the practice of law in this state preceding the judge's appointment or commencement of the judge's term to any number less than ten but not less than six. The board of county commissioners shall certify the resolution to the board of elections of the county. The board of elections shall make the necessary arrangements for the submission of the question to the electors of the county. The question shall be submitted at the next general election occurring not less than forty-five days after the resolution is certified to the board of elections. Notice of the election shall be published in one or more newspapers of general circulation in the county once a week for four consecutive weeks prior to the election. If the electors approve the resolution, the reduction in the minimum number of years of practice shall apply to the judge elected at the next election for judge of the court of common pleas following approval of the resolution or to a judge appointed to fill a vacancy prior to that time.

(D) As used in this section, "engaging in the practice of law" means having had as a primary occupation one or a combination of two or more of the following occupations:

(1) Attorney at law in good standing and registered for active status with the supreme court;

(2) Professor of law at an accredited law school;

(3) Member of the general assembly if before becoming a member of the general assembly the member otherwise engaged in the practice of law in this state as a primary occupation;

(4) Any other occupation recognized as the practice of law by rules or decisions of the supreme court.

Sec. 2501.02.  Each judge of a court of appeals shall have been admitted to practice as an attorney at law in this state be an attorney at law in good standing, shall be registered for active status with the supreme court, reside in the appellate district to which the judge is elected or appointed, and shall have, for a total of six twelve years preceding the judge's appointment or commencement of the judge's term, engaged in the practice of law in this state or served as a judge of a court of record in any jurisdiction in the United States, or both. One judge shall be chosen in each court of appeals district every two years, and shall hold office for six years, beginning on the ninth day of February next after the judge's election.

In addition to the original jurisdiction conferred by Section 3 of Article IV, Ohio Constitution, the court shall have jurisdiction upon an appeal upon questions of law to review, affirm, modify, set aside, or reverse judgments or final orders of courts of record inferior to the court of appeals within the district, including the finding, order, or judgment of a juvenile court that a child is delinquent, neglected, abused, or dependent, for prejudicial error committed by such lower court.

The court, on good cause shown, may issue writs of supersedeas in any case, and all other writs, not specially provided for or prohibited by statute, necessary to enforce the administration of justice.

As used in this section, "engaged in the practice of law" means having had as a primary occupation one or a combination of two or more of the following occupations:

(A) Attorney at law in good standing and registered for active status with the supreme court;

(B) Professor of law at an accredited law school;

(C) Member of the general assembly if before becoming a member of the general assembly the member otherwise engaged in the practice of law in this state as a primary occupation;

(D) Any other occupation recognized as the practice of law by rules or decisions of the supreme court.

Sec. 2503.01.  The supreme court shall consist of a chief justice and six justices,. The chief justice and each of whom has been admitted to practice as justice shall reside in this state, be an attorney at law in this state in good standing, be registered for active status with the supreme court, and has have, for a total of at least six fifteen years preceding his appointment or commencement of his the justice's term, engaged in the practice of law in this state or served as a judge of a court of record in any jurisdiction of the United States, or both.

As used in this section, "engaged in the practice of law" means having had as a primary occupation one or a combination of two or more of the following occupations:

(A) Attorney at law in good standing and registered for active status with the supreme court;

(B) Professor of law at an accredited law school;

(C) Member of the general assembly if before becoming a member of the general assembly the member otherwise engaged in the practice of law in this state as a primary occupation;

(D) Any other occupation recognized as the practice of law by rules or decisions of the supreme court.

Sec. 2503.51.  (A) The supreme court shall by rule establish a judicial candidate qualification program to ensure that a candidate for the office of judge of a municipal court, county court, court of common pleas, court of appeals, or the supreme court is professionally qualified for the office. The rules shall include a requirement that every candidate, within five years before the date of the general election for the office to which the candidate seeks election, attend a course or courses approved by the supreme court totaling at least forty hours and covering civil and criminal procedure, the Ohio Rules of Evidence, constitutional law, judicial demeanor and decorum, and any other subjects that the supreme court may require. The supreme court shall offer a course or courses for actual and potential judicial candidates that satisfy all the judicial qualification course requirements specified in this division for judicial candidates. The supreme court may charge a reasonable fee for any course offered pursuant to this section, but the aggregate of the fees charged to attendees shall not exceed the cost of producing and offering the course. The rules may provide for any of the following:

(1) That designated courses taken to meet continuing legal education requirements established by the supreme court apply toward the hours of education required by the judicial candidate qualification program;

(2) That each candidate for a particular type of judge take courses required for all judicial candidates and courses required only for candidates for that particular type of judge and that a candidate for a particular judicial office take one or more courses in specific areas of law not required of all candidates for judicial office;

(3) An exemption from all or part of the hours of course work for a candidate who has been certified as a specialist pursuant to rules adopted by the supreme court if the certification is in an area of law that is directly pertinent to the judicial office to which the candidate seeks election.

(B) The educational qualifications set forth under division (A) of this section do not apply to a candidate who has already held the office to which the candidate seeks election or to a candidate for the office of judge of any division of a court of common pleas who has already held the office of judge of any division of a court of common pleas.

(C) The supreme court by rule may require that a person who is appointed to the office of judge meet the educational qualifications set forth under division (A) of this section, may exempt a candidate for judge or a person appointed to a judgeship from meeting those qualifications, and may delay the date by which a candidate or appointee must meet those qualifications if a candidate is a replacement for a candidate who died shortly before the election or if other exigent circumstances exist.

(D) A candidate for the office of judge of a municipal court, county court, court of common pleas, court of appeals, or the supreme court, not later than seventy-five days before the date of the general election for the office to which the candidate seeks election, shall present to the board of elections or to the secretary of state, as applicable, a document from the supreme court certifying that the candidate has met the educational qualifications required by division (A) of this section or stating that the candidate is exempt from meeting those qualifications before the election.

Sec. 2503.52. (A) There is hereby created the judicial allotment review commission consisting of nineteen members, one of whom shall be the chief justice of the supreme court, and the remaining to be appointed in the following manner:

(1) The speaker of the house of representatives shall appoint two members who shall be members of the house of representatives, one of whom the speaker shall appoint upon the recommendation of the minority leader of the house of representatives.

(2) The president of the senate shall appoint two members who shall be members of the senate, one of whom the president of the senate shall appoint upon the recommendation of the minority leader of the senate.

(3) The chief justice of the supreme court shall appoint eight members as follows:

(a) Two members who are judges of the court of appeals and who are chosen from a list of four nominees submitted by the Ohio court of appeals judges association;

(b) Four members who are judges of the court of common pleas, of which one is chosen from a list of two nominees submitted by the Ohio common pleas judges association, one is chosen from a list of two nominees submitted by the Ohio association of juvenile court judges, one is chosen from a list of two nominees submitted by the Ohio association of domestic relations judges, and one is chosen from a list of two nominees submitted by the Ohio association of probate judges;

(c) Two members who are judges of the municipal court or county court and who are chosen from a list of four nominees submitted by the association of municipal/county judges of Ohio.

(4) The governor shall appoint four members as follows:

(a) One member who is a county commissioner and who is appointed upon the nomination of the county commissioners association of Ohio;

(b) One member who is appointed upon the nomination of the Ohio municipal league;

(c) Two members who have been admitted to and are engaged in the practice of law in Ohio and who are appointed upon the nomination of the Ohio state bar association.

(5) The chairperson of the Ohio judicial conference shall appoint two members.

(B) The initial appointments of members to the commission as provided in division (A) of this section shall be made within ninety days after the effective date of this section. Upon the appointment of the initial members of the commission, the commission shall proceed to conduct its business pursuant to sections 2503.53 to 2503.55 of the Revised Code. The term of office of each initial member of the commission ends upon the submission of the commission's report pursuant to section 2503.55 of the Revised Code. Any vacancy in the commission shall be filled in the manner provided for the original appointment.

(C) The subsequent appointments of new members to the commission as provided in division (A) of this section shall be made within thirty days after April 1 in the year 2012 and within thirty days after April 1 in every tenth year after the year 2012. Upon the subsequent appointment of new members of the commission, the commission shall proceed to conduct its business pursuant to this section and sections 2503.53 to 2503.55 of the Revised Code. The term of office of each subsequently appointed member of the commission ends upon the submission of the report of the commission that was prepared while the subsequently appointed member was a member of the commission. This section and sections 2503.53 to 2503.55 of the Revised Code, insofar as applicable, apply to the commission each time the new members are appointed to the commission pursuant to this division.

Sec. 2503.53.  (A) The chief justice of the supreme court shall serve as the chairperson of the judicial allotment review commission. The members of the commission shall meet and perform their duties and functions as provided in this section and sections 2503.54 and 2503.55 of the Revised Code. The initial meeting of the commission shall convene on a date designated by the chief justice after the initial appointment of the members of the commission as provided in division (B) of section 2503.52 of the Revised Code, and the first meeting of each group of subsequently appointed members of the commission shall convene on a date designated by the chief justice after each subsequent appointment of new members to the commission as provided in division (C) of that section. The chief justice, upon notice to the governor, may convene a meeting within twenty days after a judgeship becomes vacant to consider the need for continuing that judgeship. The chief justice or a designee of the chief justice shall convene every meeting of the commission. A majority of the members of the commission shall constitute a quorum.

(B) The supreme court shall reimburse the members of the commission for any actual and necessary expenses incurred in the performance of their duties and functions under this section and sections 2503.54 and 2503.55 of the Revised Code.

(C) The supreme court may provide any professional, technical, or clerical employees that are necessary for the commission to perform its duties and functions.

Sec. 2503.54. (A) As used in this section and section 2503.55 of the Revised Code:

(1) "Court" means the court of appeals; the general division, probate division, domestic relations division, or juvenile division of the court of common pleas; the municipal court; or the county court; whichever is applicable.

(2) "Cases" means civil cases, criminal cases, and traffic cases.

(3) "Caseload" means the number of civil cases, criminal cases, and traffic cases that are assigned to an individual judge of a court.

(B) The judicial allotment review commission shall study and review the allotment of judgeships for each court, in relation to the number of cases filed in the court and the disposition of those cases, for the purpose of making recommendations to the general assembly for enactment of legislation to ensure the efficient, prompt, and sure administration of justice in this state.

(C) In studying and reviewing the allotment of judgeships for each court under this section and making its recommendations to the general assembly under section 2503.55 of the Revised Code, the commission shall consider all of the following that are applicable to a particular court:

(1) The number and types of cases that were filed in the court in the preceding five years, the number and types of those cases that were assigned to each judge of that court, and the ranking of these numbers and types in comparison to other courts in the state of similar size and jurisdiction;

(2) The number and types of cases assigned to each judge of the court that are currently pending and the comparative ranking of these numbers and types in comparison to other courts in the state of similar size and jurisdiction;

(3) Any increase, decrease, or other changes in the caseload of each judge of the court in the preceding five years and the comparative ranking of the caseload of the judges of that court in relation to any increase, decrease, or other changes in the caseload of each judge of other courts in the state of similar size and jurisdiction;

(4) Any standards established by the supreme court for manageable workloads or caseloads;

(5) The frequency with which the court has requested or received temporary assignments of an additional judge or additional judges in the preceding five years;

(6) The number of trial judges in relation to each judge of the court of appeals within the district of that court of appeals;

(7) The population growth and density in the area in which the court has territorial jurisdiction;

(8) In the case of courts of appeals, the population of each court of appeals district, the number of counties that constitute the district, the number of days in which cases are heard in counties within the district other than the county that is the principal seat of the court of appeals or the county in which the court of appeals primarily holds court, and the time spent for the judges to travel to those other counties for purposes of hearing cases;

(9) Whether the area in which the court has territorial jurisdiction is urban or rural in character;

(10) The presence of any state or local government institutions in the area in which the court has territorial jurisdiction;

(11) Any new legislation, events, or court litigation that may have an impact on the caseload or administrative workload of a court;

(12) Any information or recommendations provided by a county or municipal legislative authority that funds the court or by a bar association that operates within the territorial jurisdiction of the court regarding the creation of judgeships for or elimination of judgeships from the court;

(13) Any other factors that the commission may consider relevant in reviewing the allotment of judgeships for the purpose of making its recommendations to the general assembly under section 2503.55 of the Revised Code.

(D) If the population of the area in which a court has territorial jurisdiction increases by twenty per cent between April 1, 2011, and April 1, 2021, and between the first day of April of the first year and the first day of April of the tenth year of each ten-year period after 2021, the judges of that court may request of the general assembly that one additional judgeship be established for that court.

(E) If the chief justice convenes a meeting of the commission to consider the need for continuing a particular judgeship that has become vacant, the chief justice shall immediately notify the governor that the meeting has been convened and of the judgeship that has become vacant. The commission shall within forty-five days after the meeting prepare a report on the need for continuing the judgeship and submit the report to the governor, the supreme court, and the general assembly.

Sec. 2503.55.  (A) On or before the first anniversary of the effective date of this section, then on or before April 1 in the year 2013, and then on or before April 1 in every tenth year after the year 2013, as applicable, the judicial allotment review commission shall prepare a report and submit it to the supreme court and to the general assembly. The report shall include the commission's conclusions regarding its study and review of the allotment of judgeships for each court under section 2503.54 of the Revised Code and its recommendations based on those conclusions. The recommendations may include, but are not limited to, enacting legislation to increase or decrease the number of judgeships of a court or to change the status of a judgeship of a court from part-time to full-time.

(B) If the members of the commission do not unanimously agree on the recommendations that are to be included in the report described in division (A) of this section, the commission shall determine by a majority vote of the members the specific recommendations that are to be included in that report. The members who vote against the inclusion of any of the recommendations in the report may submit a minority report to the supreme court and the general assembly that includes the specific recommendations of those members.

(C) In enacting legislation to implement a recommendation of the commission to abolish a judgeship, the general assembly shall designate only the court and, in the case of a court of common pleas or municipal court, the division, if any, of the court a judgeship of which is to be abolished. Except as otherwise provided in this division, the judgeship abolished shall be the most recently created judgeship of the designated court and division, if any. If the term of office of the most recently created judgeship will expire one year or more after the effective date of the act abolishing the judgeship, the judgeship shall be abolished whenever it becomes vacant or at the end of the term. If the term of office of the most recently created judgeship will expire less than one year after the effective date of the act abolishing the judgeship, the judgeship shall be abolished whenever it becomes vacant or at the end of the following term. If a judgeship other than the most recently created judgeship of the designated court and division, if any, becomes vacant before the most recently created judgeship becomes vacant or the applicable term of the most recently created judgeship ends, and before the date by which a declaration of candidacy for election to the next term of office of the most recently created judgeship must be filed, that other judgeship shall be abolished instead of the most recently created judgeship.

Sec. 2503.60. There is hereby created in the state treasury the supreme court security fund. The supreme court shall use the money in the supreme court security fund to fund court security projects. The treasurer of state shall deposit in the fund the portion of court costs paid pursuant to section 2743.70 of the Revised Code that is mandated by that section to be deposited in the fund. The supreme court shall adopt guidelines to govern disbursements from the fund.

Sec. 2743.191.  (A)(1) There is hereby created in the state treasury the reparations fund, which shall be used only for the following purposes:

(a) The payment of awards of reparations that are granted by the attorney general;

(b) The compensation of any personnel needed by the attorney general to administer sections 2743.51 to 2743.72 of the Revised Code;

(c) The compensation of witnesses as provided in division (J) of section 2743.65 of the Revised Code;

(d) Other administrative costs of hearing and determining claims for an award of reparations by the attorney general;

(e) The costs of administering sections 2907.28 and 2969.01 to 2969.06 of the Revised Code;

(f) The costs of investigation and decision-making as certified by the attorney general;

(g) The provision of state financial assistance to victim assistance programs in accordance with sections 109.91 and 109.92 of the Revised Code;

(h) The costs of paying the expenses of sex offense-related examinations and antibiotics pursuant to section 2907.28 of the Revised Code;

(i) The cost of printing and distributing the pamphlet prepared by the attorney general pursuant to section 109.42 of the Revised Code;

(j) Subject to division (D) of section 2743.71 of the Revised Code, the costs associated with the printing and providing of information cards or other printed materials to law enforcement agencies and prosecuting authorities and with publicizing the availability of awards of reparations pursuant to section 2743.71 of the Revised Code;

(k) The payment of costs of administering a DNA specimen collection procedure pursuant to sections 2152.74 and 2901.07 of the Revised Code, of performing DNA analysis of those DNA specimens, and of entering the resulting DNA records regarding those analyses into the DNA database pursuant to section 109.573 of the Revised Code;

(l) The payment of actual costs associated with initiatives by the attorney general for the apprehension, prosecution, and accountability of offenders, and the enhancing of services to crime victims. The amount of payments made pursuant to division (A)(1)(l) of this section during any given fiscal year shall not exceed five per cent of the balance of the reparations fund at the close of the immediately previous fiscal year;

(m) The costs of administering the adult parole authority's supervision pursuant to division (E) of section 2971.05 of the Revised Code of sexually violent predators who are sentenced to a prison term pursuant to division (A)(3) of section 2971.03 of the Revised Code and of offenders who are sentenced to a prison term pursuant to division (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of that section.

(2) All The portion of costs paid pursuant to section 2743.70 of the Revised Code that is mandated by that section to be deposited in the fund, the portions of license reinstatement fees mandated by division (F)(2)(b) of section 4511.191 of the Revised Code to be credited to the fund, the portions of the proceeds of the sale of a forfeited vehicle specified in division (C)(2) of section 4503.234 of the Revised Code, payments collected by the department of rehabilitation and correction from prisoners who voluntarily participate in an approved work and training program pursuant to division (C)(8)(b)(ii) of section 5145.16 of the Revised Code, and all moneys collected by the state pursuant to its right of subrogation provided in section 2743.72 of the Revised Code shall be deposited in the fund.

(B) In making an award of reparations, the attorney general shall render the award against the state. The award shall be accomplished only through the following procedure, and the following procedure may be enforced by writ of mandamus directed to the appropriate official:

(1) The attorney general shall provide for payment of the claimant or providers in the amount of the award only if the amount of the award is fifty dollars or more.

(2) The expense shall be charged against all available unencumbered moneys in the fund.

(3) If sufficient unencumbered moneys do not exist in the fund, the attorney general shall make application for payment of the award out of the emergency purposes account or any other appropriation for emergencies or contingencies, and payment out of this account or other appropriation shall be authorized if there are sufficient moneys greater than the sum total of then pending emergency purposes account requests or requests for releases from the other appropriations.

(4) If sufficient moneys do not exist in the account or any other appropriation for emergencies or contingencies to pay the award, the attorney general shall request the general assembly to make an appropriation sufficient to pay the award, and no payment shall be made until the appropriation has been made. The attorney general shall make this appropriation request during the current biennium and during each succeeding biennium until a sufficient appropriation is made. If, prior to the time that an appropriation is made by the general assembly pursuant to this division, the fund has sufficient unencumbered funds to pay the award or part of the award, the available funds shall be used to pay the award or part of the award, and the appropriation request shall be amended to request only sufficient funds to pay that part of the award that is unpaid.

(C) The attorney general shall not make payment on a decision or order granting an award until all appeals have been determined and all rights to appeal exhausted, except as otherwise provided in this section. If any party to a claim for an award of reparations appeals from only a portion of an award, and a remaining portion provides for the payment of money by the state, that part of the award calling for the payment of money by the state and not a subject of the appeal shall be processed for payment as described in this section.

(D) The attorney general shall prepare itemized bills for the costs of printing and distributing the pamphlet the attorney general prepares pursuant to section 109.42 of the Revised Code. The itemized bills shall set forth the name and address of the persons owed the amounts set forth in them.

(E) As used in this section, "DNA analysis" and "DNA specimen" have the same meanings as in section 109.573 of the Revised Code.

Sec. 2743.70.  (A)(1) The court, in which any person is convicted of or pleads guilty to any offense other than a traffic offense that is not a moving violation, shall impose the following sum as costs in the case in addition to any other court costs that the court is required by law to impose upon the offender:

(a) Thirty dollars, if the offense is a felony;

(b) Nine dollars, if the offense is a misdemeanor.

The court shall not waive the payment of the thirty or nine dollars court costs, unless the court determines that the offender is indigent and waives the payment of all court costs imposed upon the indigent offender. All such moneys Twenty-eight dollars of the court costs if the offense is a felony and seven dollars of the court costs if the offense is a misdemeanor shall be transmitted on the first business day of each month by the clerk of the court to the treasurer of state and deposited by the treasurer in the reparations fund. The clerk of the court shall transmit two dollars of the court costs on the first business day of each month to the treasurer of state, and the treasurer shall deposit that money in the supreme court security fund created by section 2503.60 of the Revised Code.

(2) The juvenile court in which a child is found to be a delinquent child or a juvenile traffic offender for an act which, if committed by an adult, would be an offense other than a traffic offense that is not a moving violation, shall impose the following sum as costs in the case in addition to any other court costs that the court is required or permitted by law to impose upon the delinquent child or juvenile traffic offender:

(a) Thirty dollars, if the act, if committed by an adult, would be a felony;

(b) Nine dollars, if the act, if committed by an adult, would be a misdemeanor.

The thirty or nine dollars court costs shall be collected in all cases unless the court determines the juvenile is indigent and waives the payment of all court costs, or enters an order on its journal stating that it has determined that the juvenile is indigent, that no other court costs are to be taxed in the case, and that the payment of the thirty or nine dollars court costs is waived. All such moneys Twenty-eight dollars of the court costs if the act if committed by an adult would be a felony and seven dollars of the court costs if the act if committed by an adult would be a misdemeanor collected during a month shall be transmitted on or before the twentieth day of the following month by the clerk of the court to the treasurer of state and deposited by the treasurer in the reparations fund. The clerk of the court shall transmit on or before the twentieth day of the following month to the treasurer of state two dollars of the court costs collected in each case during a month, and the treasurer shall deposit that money in the supreme court security fund created by section 2503.60 of the Revised Code.

(B) Whenever a person is charged with any offense other than a traffic offense that is not a moving violation and posts bail pursuant to sections 2937.22 to 2937.46 of the Revised Code, Criminal Rule 46, or Traffic Rule 4, the court shall add to the amount of the bail the thirty or nine dollars required to be paid by division (A)(1) of this section. The thirty or nine dollars shall be retained by the clerk of the court until the person is convicted, pleads guilty, forfeits bail, is found not guilty, or has the charges dismissed. If the person is convicted, pleads guilty, or forfeits bail, the clerk shall transmit twenty-eight of the thirty or seven of the nine dollars to the treasurer of state, who shall deposit it in the reparations fund, and the clerk shall transmit two of the thirty or nine dollars to the treasurer of state, who shall deposit that money in the supreme court security fund created by section 2503.60 of the Revised Code. If the person is found not guilty or the charges are dismissed, the clerk shall return the thirty or nine dollars to the person.

(C) No person shall be placed or held in jail for failing to pay the additional thirty or nine dollars court costs or bail that are required to be paid by this section.

(D) As used in this section:

(1) "Moving violation" means any violation of any statute or ordinance, other than section 4513.263 of the Revised Code or an ordinance that is substantially equivalent to that section, that regulates the operation of vehicles, streetcars, or trackless trolleys on highways or streets or that regulates size or load limitations or fitness requirements of vehicles. "Moving violation" does not include the violation of any statute or ordinance that regulates pedestrians or the parking of vehicles.

(2) "Bail" means cash, a check, a money order, a credit card, or any other form of money that is posted by or for an offender pursuant to sections 2937.22 to 2937.46 of the Revised Code, Criminal Rule 46, or Traffic Rule 4 to prevent the offender from being placed or held in a detention facility, as defined in section 2921.01 of the Revised Code.

Sec. 2949.111.  (A) As used in this section:

(1) "Court costs" means any assessment that the court requires an offender to pay to defray the costs of operating the court.

(2) "State fines or costs" means any costs imposed or forfeited bail collected by the court under section 2743.70 of the Revised Code for deposit into the reparations fund or supreme court security fund or under section 2949.091 of the Revised Code for deposit into the general revenue fund and all fines, penalties, and forfeited bail collected by the court and paid to a law library association under sections 3375.50 to 3375.53 of the Revised Code.

(3) "Reimbursement" means any reimbursement for the costs of confinement that the court orders an offender to pay pursuant to section 2929.28 of the Revised Code, any supervision fee, any fee for the costs of house arrest with electronic monitoring that an offender agrees to pay, any reimbursement for the costs of an investigation or prosecution that the court orders an offender to pay pursuant to section 2929.71 of the Revised Code, or any other costs that the court orders an offender to pay.

(4) "Supervision fees" means any fees that a court, pursuant to sections 2929.18, 2929.28, and 2951.021 of the Revised Code, requires an offender who is under a community control sanction to pay for supervision services.

(5) "Community control sanction" has the same meaning as in section 2929.01 of the Revised Code.

(B) Unless the court, in accordance with division (C) of this section, enters in the record of the case a different method of assigning payments, if a person who is charged with a misdemeanor is convicted of or pleads guilty to the offense, if the court orders the offender to pay any combination of court costs, state fines or costs, restitution, a conventional fine, or any reimbursement, and if the offender makes any payment of any of them to a clerk of court, the clerk shall assign the offender's payment in the following manner:

(1) If the court ordered the offender to pay any court costs, the offender's payment shall be assigned toward the satisfaction of those court costs until they have been entirely paid.

(2) If the court ordered the offender to pay any state fines or costs and if all of the court costs that the court ordered the offender to pay have been paid, the remainder of the offender's payment shall be assigned on a pro rata basis toward the satisfaction of the state fines or costs until they have been entirely paid.

(3) If the court ordered the offender to pay any restitution and if all of the court costs and state fines or costs that the court ordered the offender to pay have been paid, the remainder of the offender's payment shall be assigned toward the satisfaction of the restitution until it has been entirely paid.

(4) If the court ordered the offender to pay any fine and if all of the court costs, state fines or costs, and restitution that the court ordered the offender to pay have been paid, the remainder of the offender's payment shall be assigned toward the satisfaction of the fine until it has been entirely paid.

(5) If the court ordered the offender to pay any reimbursement and if all of the court costs, state fines or costs, restitution, and fines that the court ordered the offender to pay have been paid, the remainder of the offender's payment shall be assigned toward the satisfaction of the reimbursements until they have been entirely paid.

(C) If a person who is charged with a misdemeanor is convicted of or pleads guilty to the offense and if the court orders the offender to pay any combination of court costs, state fines or costs, restitution, fines, or reimbursements, the court, at the time it orders the offender to make those payments, may prescribe an order of payments that differs from the order set forth in division (B) of this section by entering in the record of the case the order so prescribed. If a different order is entered in the record, on receipt of any payment, the clerk of the court shall assign the payment in the manner prescribed by the court.

Section 2. That existing sections 107.08, 1901.06, 1907.13, 2301.01, 2501.02, 2503.01, 2743.191, 2743.70, and 2949.111 of the Revised Code are hereby repealed.

Section 3. The qualifications for office for judges of municipal courts, county courts, courts of common pleas, courts of appeals, and the Supreme Court that were in effect on the date immediately preceding the effective date of this section shall remain unchanged for each judge in any of those courts until the end of that term of that judge. The new qualifications for office for judges of municipal courts, county courts, courts of common pleas, courts of appeals, and the Supreme Court provided in this act shall take effect for each judgeship in each of those courts when a judge is elected to that judgeship on or after the effective date of this section.

Section 4. It is the intent of the General Assembly that courses that satisfy the requirements of the judicial candidate qualification program under section 2503.51 of the Revised Code may also count toward the continuing legal education requirement for attorneys under the Supreme Court Rules for the Government of the Bar of Ohio provided the course meets the requirements of Rule X of the Rules for the Government of the Bar. The General Assembly therefore respectfully requests that the Supreme Court modify its rules to put the General Assembly's intent into effect.

Section 5. All items in this section are hereby appropriated as designated out of any moneys in the state treasury to the credit of the General Revenue Fund and State Special Revenue Fund Group. For all appropriations made in this act, the amounts in the first column are for fiscal year 2008, and the amounts in the second column are for fiscal year 2009. The appropriations made in this act are in addition to any other appropriations made for the 2007-2009 biennium.

State Special Revenue Fund Group

SUPREME COURT SECURITY

The foregoing appropriation item 005-612, Supreme Court Security, shall be used by the Supreme Court to fund court security projects.

Section 6. Within the limits set forth in this act, the Director of Budget and Management shall establish accounts indicating the source and amount of money for each appropriation made in this act and shall determine the form and manner in which appropriation accounts shall be maintained. Expenditures from appropriations contained in this act shall be accounted for as though made in the main operating appropriations act of the 127th General Assembly.

The appropriations made in this act are subject to all provisions of the main operating appropriations act of the 127th General Assembly that are generally applicable to such appropriations.

Section 7. Sections 2503.60, 2743.191, 2743.70, and 2949.111 of the Revised Code and Sections 4, 5, and 6 of this act, as amended or enacted in this act, are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code those sections as amended or enacted by this act go into immediate effect when this act becomes law.