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Am. H. B. No. 5 As Passed by the HouseAs Passed by the House
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Okey, Murray, Letson, McKenney, Coley, Bubp, Carney, Combs, DeGeeter, Derickson, Foley, Garland, Luckie, Mallory, McClain, Milkovich, O'Brien, Patmon, Pillich, Slaby, Stebelton, Stinziano, Williams Speaker Batchelder
A BILL
To amend section 2329.66 and to enact sections
2746.01, 2746.02, 2746.03, 2746.04, 2746.05,
2746.06, 2746.07, 2746.08, and 2746.09 of the
Revised Code to require the Ohio Judicial
Conference periodically to adjust the dollar
amounts specified in the general exemption statute
and to provide consolidated references to Revised
Code sections that establish costs and fees, other
than attorney fees, in the courts of record of
this state.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2329.66 be amended and sections
2746.01, 2746.02, 2746.03, 2746.04, 2746.05, 2746.06, 2746.07,
2746.08, and 2746.09 of the Revised Code be enacted to read as
follows:
Sec. 2329.66. (A) Every person who is domiciled in this
state may hold property exempt from execution, garnishment,
attachment, or sale to satisfy a judgment or order, as follows:
(1)(a) In the case of a judgment or order regarding money
owed for health care services rendered or health care supplies
provided to the person or a dependent of the person, one parcel or
item of real or personal property that the person or a dependent
of the person uses as a residence. Division (A)(1)(a) of this
section does not preclude, affect, or invalidate the creation
under this chapter of a judgment lien upon the exempted property
but only delays the enforcement of the lien until the property is
sold or otherwise transferred by the owner or in accordance with
other applicable laws to a person or entity other than the
surviving spouse or surviving minor children of the judgment
debtor. Every person who is domiciled in this state may hold
exempt from a judgment lien created pursuant to division (A)(1)(a)
of this section the person's interest, not to exceed twenty
thousand two hundred dollars, in the exempted property.
(b) In the case of all other judgments and orders, the
person's interest, not to exceed twenty thousand two hundred
dollars, in one parcel or item of real or personal property that
the person or a dependent of the person uses as a residence.
(2) The person's interest, not to exceed three thousand two
hundred twenty-five dollars, in one motor vehicle;
(3) The person's interest, not to exceed four hundred
dollars, in cash on hand, money due and payable, money to become
due within ninety days, tax refunds, and money on deposit with a
bank, savings and loan association, credit union, public utility,
landlord, or other person, other than personal earnings.
(4)(a) The person's interest, not to exceed five hundred
twenty-five dollars in any particular item or ten thousand seven
hundred seventy-five dollars in aggregate value, in household
furnishings, household goods, wearing apparel, appliances, books,
animals, crops, musical instruments, firearms, and hunting and
fishing equipment that are held primarily for the personal,
family, or household use of the person;
(b) The person's aggregate interest in one or more items of
jewelry, not to exceed one thousand three hundred fifty dollars,
held primarily for the personal, family, or household use of the
person or any of the person's dependents.
(5) The person's interest, not to exceed an aggregate of two
thousand twenty-five dollars, in all implements, professional
books, or tools of the person's profession, trade, or business,
including agriculture;
(6)(a) The person's interest in a beneficiary fund set apart,
appropriated, or paid by a benevolent association or society, as
exempted by section 2329.63 of the Revised Code;
(b) The person's interest in contracts of life or endowment
insurance or annuities, as exempted by section 3911.10 of the
Revised Code;
(c) The person's interest in a policy of group insurance or
the proceeds of a policy of group insurance, as exempted by
section 3917.05 of the Revised Code;
(d) The person's interest in money, benefits, charity,
relief, or aid to be paid, provided, or rendered by a fraternal
benefit society, as exempted by section 3921.18 of the Revised
Code;
(e) The person's interest in the portion of benefits under
policies of sickness and accident insurance and in lump sum
payments for dismemberment and other losses insured under those
policies, as exempted by section 3923.19 of the Revised Code.
(7) The person's professionally prescribed or medically
necessary health aids;
(8) The person's interest in a burial lot, including, but not
limited to, exemptions under section 517.09 or 1721.07 of the
Revised Code;
(9) The person's interest in the following:
(a) Moneys paid or payable for living maintenance or rights,
as exempted by section 3304.19 of the Revised Code;
(b) Workers' compensation, as exempted by section 4123.67 of
the Revised Code;
(c) Unemployment compensation benefits, as exempted by
section 4141.32 of the Revised Code;
(d) Cash assistance payments under the Ohio works first
program, as exempted by section 5107.75 of the Revised Code;
(e) Benefits and services under the prevention, retention,
and contingency program, as exempted by section 5108.08 of the
Revised Code;
(f) Disability financial assistance payments, as exempted by
section 5115.06 of the Revised Code;
(g) Payments under section 24 or 32 of the "Internal Revenue
Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended.
(10)(a) Except in cases in which the person was convicted of
or pleaded guilty to a violation of section 2921.41 of the Revised
Code and in which an order for the withholding of restitution from
payments was issued under division (C)(2)(b) of that section, in
cases in which an order for withholding was issued under section
2907.15 of the Revised Code, and in cases in which an order for
forfeiture was issued under division (A) or (B) of section
2929.192 of the Revised Code, and only to the extent provided in
the order, and except as provided in sections 3105.171, 3105.63,
3119.80, 3119.81, 3121.02, 3121.03, and 3123.06 of the Revised
Code, the person's right to a pension, benefit, annuity,
retirement allowance, or accumulated contributions, the person's
right to a participant account in any deferred compensation
program offered by the Ohio public employees deferred compensation
board, a government unit, or a municipal corporation, or the
person's other accrued or accruing rights, as exempted by section
145.56, 146.13, 148.09, 742.47, 3307.41, 3309.66, or 5505.22 of
the Revised Code, and the person's right to benefits from the Ohio
public safety officers death benefit fund;
(b) Except as provided in sections 3119.80, 3119.81, 3121.02,
3121.03, and 3123.06 of the Revised Code, the person's right to
receive a payment under any pension, annuity, or similar plan or
contract, not including a payment from a stock bonus or
profit-sharing plan or a payment included in division (A)(6)(b) or
(10)(a) of this section, on account of illness, disability, death,
age, or length of service, to the extent reasonably necessary for
the support of the person and any of the person's dependents,
except if all the following apply:
(i) The plan or contract was established by or under the
auspices of an insider that employed the person at the time the
person's rights under the plan or contract arose.
(ii) The payment is on account of age or length of service.
(iii) The plan or contract is not qualified under the
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as
amended.
(c) Except for any portion of the assets that were deposited
for the purpose of evading the payment of any debt and except as
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and
3123.06 of the Revised Code, the person's right in the assets held
in, or to receive any payment under, any individual retirement
account, individual retirement annuity, "Roth IRA," or education
individual retirement account that provides benefits by reason of
illness, disability, death, or age, to the extent that the assets,
payments, or benefits described in division (A)(10)(c) of this
section are attributable to any of the following:
(i) Contributions of the person that were less than or equal
to the applicable limits on deductible contributions to an
individual retirement account or individual retirement annuity in
the year that the contributions were made, whether or not the
person was eligible to deduct the contributions on the person's
federal tax return for the year in which the contributions were
made;
(ii) Contributions of the person that were less than or equal
to the applicable limits on contributions to a Roth IRA or
education individual retirement account in the year that the
contributions were made;
(iii) Contributions of the person that are within the
applicable limits on rollover contributions under subsections 219,
402(c), 403(a)(4), 403(b)(8), 408(b), 408(d)(3), 408A(c)(3)(B),
408A(d)(3), and 530(d)(5) of the "Internal Revenue Code of 1986,"
100 Stat. 2085, 26 U.S.C.A. 1, as amended.
(d) Except for any portion of the assets that were deposited
for the purpose of evading the payment of any debt and except as
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and
3123.06 of the Revised Code, the person's right in the assets held
in, or to receive any payment under, any Keogh or "H.R. 10" plan
that provides benefits by reason of illness, disability, death, or
age, to the extent reasonably necessary for the support of the
person and any of the person's dependents.
(11) The person's right to receive spousal support, child
support, an allowance, or other maintenance to the extent
reasonably necessary for the support of the person and any of the
person's dependents;
(12) The person's right to receive, or moneys received during
the preceding twelve calendar months from, any of the following:
(a) An award of reparations under sections 2743.51 to 2743.72
of the Revised Code, to the extent exempted by division (D) of
section 2743.66 of the Revised Code;
(b) A payment on account of the wrongful death of an
individual of whom the person was a dependent on the date of the
individual's death, to the extent reasonably necessary for the
support of the person and any of the person's dependents;
(c) Except in cases in which the person who receives the
payment is an inmate, as defined in section 2969.21 of the Revised
Code, and in which the payment resulted from a civil action or
appeal against a government entity or employee, as defined in
section 2969.21 of the Revised Code, a payment, not to exceed
twenty thousand two hundred dollars, on account of personal bodily
injury, not including pain and suffering or compensation for
actual pecuniary loss, of the person or an individual for whom the
person is a dependent;
(d) A payment in compensation for loss of future earnings of
the person or an individual of whom the person is or was a
dependent, to the extent reasonably necessary for the support of
the debtor and any of the debtor's dependents.
(13) Except as provided in sections 3119.80, 3119.81,
3121.02, 3121.03, and 3123.06 of the Revised Code, personal
earnings of the person owed to the person for services in an
amount equal to the greater of the following amounts:
(a) If paid weekly, thirty times the current federal minimum
hourly wage; if paid biweekly, sixty times the current federal
minimum hourly wage; if paid semimonthly, sixty-five times the
current federal minimum hourly wage; or if paid monthly, one
hundred thirty times the current federal minimum hourly wage that
is in effect at the time the earnings are payable, as prescribed
by the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29
U.S.C. 206(a)(1), as amended;
(b) Seventy-five per cent of the disposable earnings owed to
the person.
(14) The person's right in specific partnership property, as
exempted by division (B)(3) of section 1775.24 of the Revised Code
or the person's rights in a partnership pursuant to section
1776.50 of the Revised Code, except as otherwise set forth in
section 1776.50 of the Revised Code;
(15) A seal and official register of a notary public, as
exempted by section 147.04 of the Revised Code;
(16) The person's interest in a tuition unit or a payment
under section 3334.09 of the Revised Code pursuant to a tuition
payment contract, as exempted by section 3334.15 of the Revised
Code;
(17) Any other property that is specifically exempted from
execution, attachment, garnishment, or sale by federal statutes
other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11
U.S.C.A. 101, as amended;
(18) The person's aggregate interest in any property, not to
exceed one thousand seventy-five dollars, except that division
(A)(18) of this section applies only in bankruptcy proceedings.
(B) On April 1, 2010, and on the first day of April in each
third calendar year after 2010, the Ohio judicial conference shall
adjust each dollar amount set forth in this section shall be
adjusted, when determining the amount that is exempt from
execution, garnishment, attachment, or sale pursuant to this
section, to reflect the change in the consumer price index for all
urban consumers, as published by the United States department of
labor, or, if that index is no longer published, a generally
available comparable index, for the three-year period ending on
the thirty-first day of December of the preceding year. Any
adjustments required by this division shall be rounded to the
nearest twenty-five dollars.
The Ohio judicial conference shall prepare a memorandum
specifying the adjusted dollar amounts. The judicial conference
shall transmit the memorandum to the director of the legislative
service commission, and the director shall publish the memorandum
in the register of Ohio. (Publication of the memorandum in the
register of Ohio shall continue until the next memorandum
specifying an adjustment is so published.) The judicial conference
also may publish the memorandum in any other manner it concludes
will be reasonably likely to inform persons who are affected by
its adjustment of the dollar amounts.
(C) As used in this section:
(1) "Disposable earnings" means net earnings after the
garnishee has made deductions required by law, excluding the
deductions ordered pursuant to section 3119.80, 3119.81, 3121.02,
3121.03, or 3123.06 of the Revised Code.
(a) If the person who claims an exemption is an individual, a
relative of the individual, a relative of a general partner of the
individual, a partnership in which the individual is a general
partner, a general partner of the individual, or a corporation of
which the individual is a director, officer, or in control;
(b) If the person who claims an exemption is a corporation, a
director or officer of the corporation; a person in control of the
corporation; a partnership in which the corporation is a general
partner; a general partner of the corporation; or a relative of a
general partner, director, officer, or person in control of the
corporation;
(c) If the person who claims an exemption is a partnership, a
general partner in the partnership; a general partner of the
partnership; a person in control of the partnership; a partnership
in which the partnership is a general partner; or a relative in, a
general partner of, or a person in control of the partnership;
(d) An entity or person to which or whom any of the following
applies:
(i) The entity directly or indirectly owns, controls, or
holds with power to vote, twenty per cent or more of the
outstanding voting securities of the person who claims an
exemption, unless the entity holds the securities in a fiduciary
or agency capacity without sole discretionary power to vote the
securities or holds the securities solely to secure to debt and
the entity has not in fact exercised the power to vote.
(ii) The entity is a corporation, twenty per cent or more of
whose outstanding voting securities are directly or indirectly
owned, controlled, or held with power to vote, by the person who
claims an exemption or by an entity to which division (C)(2)(d)(i)
of this section applies.
(iii) A person whose business is operated under a lease or
operating agreement by the person who claims an exemption, or a
person substantially all of whose business is operated under an
operating agreement with the person who claims an exemption.
(iv) The entity operates the business or all or substantially
all of the property of the person who claims an exemption under a
lease or operating agreement.
(e) An insider, as otherwise defined in this section, of a
person or entity to which division (C)(2)(d)(i), (ii), (iii), or
(iv) of this section applies, as if the person or entity were a
person who claims an exemption;
(f) A managing agent of the person who claims an exemption.
(3) "Participant account" has the same meaning as in section
148.01 of the Revised Code.
(4) "Government unit" has the same meaning as in section
148.06 of the Revised Code.
(D) For purposes of this section, "interest" shall be
determined as follows:
(1) In bankruptcy proceedings, as of the date a petition is
filed with the bankruptcy court commencing a case under Title 11
of the United States Code;
(2) In all cases other than bankruptcy proceedings, as of the
date of an appraisal, if necessary under section 2329.68 of the
Revised Code, or the issuance of a writ of execution.
An interest, as determined under division (D)(1) or (2) of
this section, shall not include the amount of any lien otherwise
valid pursuant to section 2329.661 of the Revised Code.
Sec. 2746.01. A court of record of this state shall tax as
costs or otherwise require the payment of fees for the following
services rendered or as compensation for the following persons or
any other of the following fees that are applicable in a
particular case:
(A) Appraisers, commissioners, or arbitrators appointed to
make or procure an appraisement or valuation of any property, as
provided in section 2335.02 of the Revised Code;
(B) Auctioneers appointed to conduct any public auction of
goods, chattels, or lands required to be sold by an officer of the
court, as provided in section 2335.021 of the Revised Code;
(C) Commissioners appointed to make partition of lands or to
assign dower and appraisers of real or personal property on
execution, replevin, or attachment or to fix the value of exempt
property, as provided in section 2335.01 of the Revised Code;
(D) Deposit of rent with the clerk of court by a resident of
a manufactured home park, as provided in section 3733.121 of the
Revised Code, or by a tenant of residential premises, as provided
in section 5321.08 of the Revised Code;
(E) Interpreters, as provided in section 2335.09 of the
Revised Code;
(F) Fees in a civil action or appeal commenced by an inmate
against a government entity or employee, as provided in section
2969.22 of the Revised Code;
(G) Procurement of a transcript of a judgment or proceeding
or exemplification of a record in an appeal or other civil action,
as provided in section 2303.21 of the Revised Code;
(H) Publication of an advertisement, notice, or proclamation
required to be published by a trustee, assignee, executor,
administrator, receiver, or other officer of the court or a party
in a case or proceeding, as provided in section 7.13 of the
Revised Code;
(I) Publication of calendars, motion dockets, legal
advertisements, and notices, the fees for which are not fixed by
law, as provided in section 2701.09 of the Revised Code;
(J) Sheriffs, as provided in section 311.17 of the Revised
Code;
(K) Township constables or members of the police force of a
township police district or joint police district, as provided in
section 509.15 of the Revised Code;
(L) Witnesses, as follows:
(1) Fees and mileage in civil cases, as provided in section
2335.06 of the Revised Code;
(2) Fees and mileage in criminal cases, as provided in
section 2335.08 of the Revised Code;
(3) Fees in all cases or proceedings not specified in
sections 2335.06 and 2335.08 of the Revised Code, as provided in
section 2335.05 of the Revised Code;
(4) Fees of municipal police officers in state felony cases,
as provided in section 2335.17 of the Revised Code;
(5) Fees in arbitration proceedings, as provided in section
2711.06 of the Revised Code.
(M) In an action to abate a nuisance or to enforce a local
code relating to buildings, the expenses of operating and
conserving the building, as provided in section 3767.41 of the
Revised Code.
Sec. 2746.02. A court of record of this state shall tax as
costs or otherwise require the payment of fees for the following
services rendered, as compensation for the following persons, or
as part of the sentence imposed by the court, or any other of the
following fees that are applicable in a particular case:
(A) In a felony case, financial sanctions, as provided in
section 2929.18 of the Revised Code;
(B) In any criminal case, the costs of prosecution, as
provided in section 2947.23 of the Revised Code;
(C) In a misdemeanor case in which the offender is sentenced
to a jail term, the local detention facility is covered by a
policy adopted by the facility's governing authority requiring
reimbursement for the costs of confinement, and the offender is
presented with an itemized bill pursuant to section 2929.37 of the
Revised Code for such costs, the costs of confinement, as provided
in section 2929.24 of the Revised Code;
(D) In a case in which an offender is sentenced for
endangering children in violation of section 2919.22 of the
Revised Code, the costs of the offender's supervised community
service work, as provided in section 2919.22 of the Revised Code;
(E) In a case in which a defendant is charged with any of
certain sexual assault or prostitution-related offenses and is
found to be suffering from a venereal disease in an infectious
stage, the cost of medical treatment, as provided in section
2907.27 of the Revised Code;
(F) In a case in which a defendant is charged with harassment
with a bodily substance, the cost of medical testing, as provided
in section 2921.38 of the Revised Code;
(G) In a case in which a defendant is charged with violating
a protection order in violation of section 2919.27 of the Revised
Code or of a municipal ordinance that is substantially similar to
that section, the costs of any evaluation and preceding
examination of the defendant, as provided in section 2919.271 of
the Revised Code;
(H) Presentence psychological or psychiatric reports, as
provided in section 2947.06 of the Revised Code;
(I) In a criminal proceeding, the taking of a deposition of a
person who is imprisoned in a detention facility or state
correctional institution within this state or who is in the
custody of the department of youth services, as provided in
section 2945.47 of the Revised Code;
(J) In a case in which a person is convicted of or pleads
guilty to any offense other than a parking violation or in which a
child is found to be a delinquent child or a juvenile traffic
offender for an act that, if committed by an adult, would be an
offense other than a parking violation, additional costs and bail,
if applicable, as provided in sections 2743.70 and 2949.091 of the
Revised Code, but subject to waiver as provided in section
2949.092 of the Revised Code;
(K) In a case in which a person is convicted of or pleads
guilty to a moving violation or in which a child is found to be a
juvenile traffic offender for an act which, if committed by an
adult, would be a moving violation, additional costs and bail, if
applicable, as provided in sections 2949.093 and 2949.094 of the
Revised Code, but subject to waiver as provided in section
2949.092 of the Revised Code;
(L) In a case in which a defendant is convicted of abandoning
a junk vessel or outboard motor without notifying the appropriate
law enforcement officer, the cost incurred by the state or a
political subdivision in disposing of the vessel or motor, as
provided in section 1547.99 of the Revised Code;
(M) The costs of electronic monitoring in the following
cases:
(1) In a misdemeanor case in which the offender is convicted
of any of certain prostitution-related offenses and a
specification under section 2941.1421 of the Revised Code, as
provided in section 2929.24 of the Revised Code;
(2) In a case in which the court issues a criminal protection
order against a minor upon a petition alleging that the respondent
committed any of certain assault, menacing, or trespass offenses,
a sexually oriented offense, or an offense under a municipal
ordinance that is substantially equivalent to any of those
offenses, as provided in section 2151.34 of the Revised Code;
(3) In a case in which the court issues a protection order
against an adult upon a petition alleging that the respondent
committed menacing by stalking or a sexually oriented offense, as
provided in section 2903.214 of the Revised Code;
(4) In a case in which an offender is convicted of violating
a protection order, as provided in section 2919.27 of the Revised
Code;
(5) In a case in which the offender is convicted of any
sexually oriented offense and is a tier III sex
offender/child-victim offender relative to that offense, as
provided in section 2929.13 of the Revised Code.
(N) In a proceeding for post-conviction relief, a transcript,
as provided in section 2953.21 of the Revised Code;
(O) In a proceeding for the sealing of a conviction record,
the fee provided for in section 2953.32 of the Revised Code.
Sec. 2746.03. In addition to any applicable fees or costs
set forth in sections 2746.01 and 2746.02 of the Revised Code or
any other applicable provision of law, the supreme court, a court
of appeals, or the court of claims shall tax as costs or otherwise
require the payment of fees for the following services rendered or
as compensation for the following persons or any other of the
following fees that are applicable in a particular case:
(A) In the supreme court, filing fees, as provided in section
2503.17 of the Revised Code;
(B) In a court of appeals:
(1) Fees collectible by the clerk of a court of common pleas
when acting as the clerk of the court of appeals of the county, as
provided in section 2303.03 of the Revised Code;
(2) Additional filing fees or charges for special projects,
programs, or services, as provided in section 2501.16 of the
Revised Code;
(3) Sheriffs or other officers who serve process, as provided
in section 2501.19 of the Revised Code;
(4) Shorthand reporters, as provided in section 2501.17 of
the Revised Code;
(5) The expense of preparing and transcribing the record in
an appeal to the tenth district court of appeals from a ruling of
the director of health under the certificate of need program, as
provided in section 3702.60 of the Revised Code.
(C) In the court of claims:
(1) The fees provided for in section 2743.09 of the Revised
Code;
(2) Witness fees and mileage, as provided in section 2743.06
of the Revised Code.
Sec. 2746.04. In addition to any applicable fees or costs
set forth in sections 2746.01 and 2746.02 of the Revised Code or
any other applicable provision of law, a court of common pleas
shall tax as costs or otherwise require the payment of fees for
the following services rendered or as compensation for the
following persons or any other of the following fees that are
applicable in a particular case:
(A) The fees provided for in section 2303.20 of the Revised
Code;
(B) Additional fees to computerize the court, make available
computerized legal research services, computerize the office of
the clerk of the court, provide financial assistance to legal aid
societies, support the office of the state public defender, fund
shelters for victims of domestic violence, and special projects of
the court, as provided in section 2303.201 and, for a court that
has a domestic relations division, section 2301.031 of the Revised
Code;
(C) Filing for a divorce decree under section 3105.10 or a
decree of dissolution under section 3105.65 of the Revised Code,
as provided in section 3109.14 of the Revised Code;
(D) Filing of a foreign judgment pursuant to section 2329.022
of the Revised Code, as provided in section 2329.025 of the
Revised Code;
(E) Interpreters, as provided in section 2301.14 of the
Revised Code;
(F) Jurors in civil actions, as provided in section 2335.28
of the Revised Code;
(G) Shorthand reporters, as provided in sections 2301.21 and
2301.24 of the Revised Code;
(H) In a case involving the operation by a nonresident of a
vessel upon the waters in this state, or the operation on the
waters in this state of a vessel owned by a nonresident if
operated with his consent, actual traveling expenses of the
defendant, as provided in section 1547.36 of the Revised Code;
(I) In a civil case, the expenses of taking a deposition of a
person who is imprisoned in a workhouse, juvenile detention
facility, jail, or state correctional institution within this
state, or who is in the custody of the department of youth
services, as provided in section 2317.06 of the Revised Code;
(J) In proceedings relating to the examination of a judgment
debtor under sections 2333.09 to 2333.27 of the Revised Code,
compensation for clerks, sheriffs, referees, receivers, and
witnesses, as provided in section 2333.27 of the Revised Code;
(K) In an appeal from an order of an agency issued pursuant
to an adjudication under section 119.12 of the Revised Code, the
expense of preparing and transcribing the record;
(L) In a case in which the court issues a protection order
upon a petition alleging that the respondent engaged in domestic
violence against a family or household member, the cost of
supervision of the respondent's exercise of parenting time,
visitation, or companionship rights, as provided in section
3113.31 of the Revised Code;
(M) Upon a petition to have a person involuntarily
institutionalized, the costs of appointed counsel for the
respondent at a full hearing, as provided in section 5123.76 of
the Revised Code;
(N) In a case before the domestic relations division of the
Hamilton county court of common pleas, the expense of serving a
summons, warrant, citation, subpoena, or other writ issued to an
officer other than a bailiff, constable, or staff investigator of
the division, as provided in section 2301.03 of the Revised Code.
Sec. 2746.05. In addition to any applicable fees or costs
set forth in sections 2746.01, 2746.02, and 2746.04 of the Revised
Code or any other applicable provision of law, a juvenile court
shall tax as costs or otherwise require the payment of fees for
the following services or as compensation for the following
persons:
(A) The fees provided for in section 2151.54 of the Revised
Code;
(B) Additional fees to computerize the court, make available
computerized legal research services, and computerize the office
of the clerk of the court, as provided in sections 2151.541,
2153.081, and 2301.031 of the Revised Code;
(C) The costs of house arrest with electronic monitoring, as
provided in section 2152.19 of the Revised Code;
(D) Witness fees, as provided in section 2151.28 of the
Revised Code.
Sec. 2746.06. In addition to any applicable fees or costs
set forth in sections 2746.01, 2746.02, and 2746.04 of the Revised
Code or any other applicable provision of law, and subject to any
waiver of fees for combat zone casualties under section 2101.164
of the Revised Code and any reduction of fees under section
2101.20 of the Revised Code, a probate court shall tax as costs or
otherwise require the payment of fees for the following services
rendered or as compensation for the following persons or any other
of the following fees that are applicable in a particular case:
(A) The fees provided for in sections 2101.16, 2101.17,
2101.18, and 2101.32 of the Revised Code;
(B) Additional fees to computerize the court, make available
computerized legal research services, and computerize the office
of the clerk of the court, as provided in section 2101.162 of the
Revised Code;
(C) In a proceeding upon the assignment of property in trust
for the benefit of creditors, the fees provided for in section
1313.52 of the Revised Code;
(D) The fees allowable to a special master commissioner under
section 2101.07 of the Revised Code;
(E) In a proceeding filed pursuant to dispute resolution
procedures established by rule of the probate judge, a filing fee,
as provided in section 2101.163 of the Revised Code;
(F) Costs incident to the appointment of a fiduciary, as
provided in section 2101.21 of the Revised Code;
(G) A fee for solemnizing a marriage, as provided in section
2101.27 of the Revised Code;
(H) The additional marriage license fee provided for in
section 3113.34 of the Revised Code;
(I) The fee for deposit of a will provided for in section
2107.07 of the Revised Code;
(J) In a proceeding for the appointment of a guardian for an
alleged incompetent, physicians and other qualified persons to
examine, investigate, or represent the alleged incompetent, as
provided in section 2111.031 of the Revised Code;
(K) In an action to obtain authority to sell real estate, the
fees for failure to enter a release and satisfaction provided for
in section 2127.19 of the Revised Code;
(L) In a proceeding in aid of execution, the fees provided
for in section 2333.26 and 2333.27 of the Revised Code.
Sec. 2746.07. In addition to any applicable fees or costs
set forth in sections 2746.01, 2746.02, and 2746.04 of the Revised
Code or any other applicable provision of law, a municipal court
shall tax as costs or otherwise require the payment of fees for
the following services or as compensation for the following
persons:
(A) The fees and costs provided for in section 1901.26 of the
Revised Code;
(B) Additional fees to computerize the court, make available
computerized legal research services, and computerize the office
of the clerk of the court, as provided in section 1901.261 of the
Revised Code;
(C) Jurors, as provided in section 1901.25 of the Revised
Code;
(D) In proceedings in the small claims division, the fees and
costs provided for in sections 1925.02, 1925.04, 1925.05, 1925.11,
and 1925.15 of the Revised Code;
(E) In a case in which an accused is brought before the court
pursuant to a warrant to keep the peace, an appeal bond, as
provided in section 2933.06 of the Revised Code;
(F) In a proceeding filed pursuant to dispute resolution
procedures established by rule of the court, a filing fee, as
provided in section 1901.262 of the Revised Code;
(G) In a case in which the clerk of the Cleveland municipal
court files a copy of a defendant's bond with the county recorder,
the recording fees and charges, as provided in section 1901.21 of
the Revised Code;
(H) In a criminal case, the expenses of an evaluation of the
defendant's competence to stand trial or the defendant's mental
condition at the time of the commission of the offense, as
provided in section 2945.37 of the Revised Code.
Sec. 2746.08. In addition to any applicable fees or costs
set forth in sections 2746.01, 2746.02, and 2746.04 of the Revised
Code or any other applicable provision of law, a county court
shall tax as costs or otherwise require the payment of fees for
the following services rendered or as compensation for the
following persons or such other of the following fees as are
applicable in a particular case:
(A) The fees and costs provided for in section 1907.24 of the
Revised Code;
(B) Additional fees to computerize the court, make available
computerized legal research services, and computerize the office
of the clerk of the court, as provided in section 1907.261 of the
Revised Code;
(C) Arbitrators, as provided in section 1907.42 of the
Revised Code;
(D) Jurors, as provided in section 1907.28 of the Revised
Code;
(E) Performing a marriage ceremony, as provided in section
1907.26 of the Revised Code;
(F) Witnesses, as provided in section 1907.27 of the Revised
Code;
(G) In proceedings in the small claims division, the fees and
costs provided for in sections 1925.02, 1925.04, 1925.05, 1925.11,
and 1925.15 of the Revised Code;
(H) In a case in which an accused is brought before the court
pursuant to a warrant to keep the peace, an appeal bond, as
provided in section 2933.06 of the Revised Code;
(I) In a proceeding filed pursuant to dispute resolution
procedures established by rule of the court, a filing fee, as
provided in section 1907.262 of the Revised Code.
Sec. 2746.09. In addition to any other applicable fees or
costs set forth in this chapter, a court shall tax as costs or
otherwise require the payment of the following fees, costs, or
expenses:
(A) The costs and expenses of a receiver allowed by the court
under section 323.49 of the Revised Code in a proceeding brought
by a county treasurer to be appointed receiver for the purposes of
collecting taxes and assessments charged upon real estate;
(B) The expenses of a referee or receiver allowed by the
court under section 1334.08 of the Revised Code in an action
brought by the attorney general pursuant to that section for a
violation of the business opportunity plans act;
(C) The expenses of a referee or receiver allowed by the
court under section 1345.07 of the Revised Code in an action
brought by the attorney general pursuant to that section for a
violation of the consumer sales practices act;
(D) The expenses of a master or receiver allowed by the court
under section 5311.27 of the Revised Code in an action brought by
the attorney general pursuant to that section for a violation of
the condominium act;
(E) Fees to which a receiver appointed under section 2715.20
or 2735.01 of the Revised Code may be entitled;
(F) Fees allowed to a receiver under any applicable rule of
court.
Section 2. That existing section 2329.66 of the Revised Code
is hereby repealed.
Section 3. The Ohio judicial conference shall make and cause
publication of the adjustment required by the amendment to section
2329.66 of the Revised Code as soon as possible but not later than
thirty days after the effective date of this section.
Section 4. Section 2329.66 of the Revised Code is presented
in this act as a composite of the section as amended by Sub. H.B
332, Sub. S.B. 3, and Sub. S.B. 281 of the 127th General Assembly.
The General Assembly, applying the principle stated in division
(B) of section 1.52 of the Revised Code that amendments are to be
harmonized if reasonably capable of simultaneous operation, finds
that the composite is the resulting version of the section in
effect prior to the effective date of the section as presented in
this act.
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