130th Ohio General Assembly
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Sub. H. B. No. 564  As Reported by the House Judiciary Committee
As Reported by the House Judiciary Committee

127th General Assembly
Regular Session
2007-2008
Sub. H. B. No. 564


Representative Stebelton 

Cosponsors: Representatives Huffman, Blessing 



A BILL
To amend section 2101.16, 2101.162, 2101.17, 2111.51, 2113.031, and 2303.201 of the Revised Code to provide for the establishment by court rule of certain fees charged by the probate court.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2101.16, 2101.162, 2101.17, 2111.51, 2113.031, and 2303.201 of the Revised Code be amended to read as follows:
Sec. 2101.16.  (A) Except as provided in section 2101.164 of the Revised Code, the probate judge shall establish by rule, charge, and collect, if possible, fees for services rendered in proceedings enumerated in this division shall be charged and collected, if possible, by the probate judge and, which fees shall be in full for all services rendered in the respective proceedings. The fee established for services rendered in any proceeding referred to in division (A)(2), (29), (33), (44), or (57) of this section shall not be less than the amount of that fee that must be deposited into a specific fund under division (C) or (G) of this section. The probate judge may by rule modify any fee previously established under this division. Not less than thirty days before adopting a rule under this division, the probate judge shall publish a notice in a newspaper of general circulation in the county in which the probate court is located setting forth the proposed rule. The probate judge shall establish fees for services rendered in the following proceedings:
(1) Account, in addition to advertising charges
$ 12.00;
Waivers and proof of notice of hearing on account, per page, minimum one dollar
$ 1.00;
(2) Account of distribution, in addition to advertising charges
$ 7.00;
(3) Adoption of child, petition for
$ 50.00;
(4)(3) Alter or cancel contract for sale or purchase of real estate, petition to
$ 20.00;
(5)(4) Application and Entry or order not otherwise provided for in this section or by rule adopted pursuant to division (E) of this section
$ 5.00;
(6)(5) Appropriation suit, per day, hearing in
$ 20.00;
(7)(6) Birth, application for registration of
$ 7.00;
(8)(7) Birth record, application to correct
$ 5.00;
(9)(8) Bond, application for new or additional
$ 5.00;
(10)(9) Bond, application for release of surety or reduction of
$ 5.00;
(11)(10) Bond, receipt for securities deposited in lieu of
$ 5.00;
(12)(11) Certified copy of journal entry, record, or proceeding, per page, minimum fee one dollar
$ 1.00;
(13)(12) Citation and issuing citation, application for
$ 5.00;
(14)(13) Change of name, petition for
$ 20.00;
(15)(14) Claim, application of administrator or executor for allowance of administrator's or executor's own
$ 10.00;
(16)(15) Claim, application to compromise or settle
$ 10.00;
(17)(16) Claim, authority to present
$ 10.00;
(18)(17) Commissioner, appointment of
$ 5.00;
(19)(18) Compensation for extraordinary services and attorney's fees for fiduciary, application for
$ 5.00;
(20)(19) Competency, application to procure adjudication of
$ 20.00;
(21)(20) Complete contract, application to
$ 10.00;
(22)(21) Concealment of assets, citation for
$ 10.00;
(23)(22) Construction of will, petition for
$ 20.00;
(24)(23) Continue decedent's business, application to
$ 10.00;
Monthly reports of operation
$ 5.00;
(25)(24) Declaratory judgment, petition for
$ 20.00;
(26)(25) Deposit of will
$ 5.00;
(27)(26) Designation of heir
$ 20.00;
(28)(27) Distribution in kind, application, assent, and order for
$ 5.00;
(29)(28) Distribution under section 2109.36 of the Revised Code, application for an order of
$ 7.00;
(30)(29) Docketing and indexing proceedings, including the filing and noting of all necessary documents, maximum fee, fifteen dollars
$ 15.00;
(31)(30) Exceptions to any proceeding named in this section, contest of appointment or
$ 10.00;
(32)(31) Election of surviving partner to purchase assets of partnership, proceedings relating to
$ 10.00;
(33)(32) Election of surviving spouse under will
$ 5.00;
(34)(33) Fiduciary, including an assignee or trustee of an insolvent debtor or any guardian or conservator accountable to the probate court, appointment of
$ 35.00;
(35)(34) Foreign will, application to record
$ 10.00;
Record of foreign will, additional, per page
$ 1.00;
(36)(35) Forms, per case, when supplied made available by the probate court, not to exceed
$ 10.00;
(37)(36) Heirship, petition to determine
$ 20.00;
(38)(37) Injunction proceedings
$ 20.00;
(39)(38) Improve real estate, petition to
$ 20.00;
(40)(39) Inventory with appraisement
$ 10.00
(41) Inventory without appraisement
$ 7.00;
(42)(40) Investment or expenditure of funds, application and entry for
$ 10.00;
(43)(41) Invest in real estate, application to
$ 10.00;
(44)(42) Lease for oil, gas, coal, or other mineral, petition to
$ 20.00;
(45)(43) Lease or lease and improve real estate, petition to
$ 20.00;
(46)(44) Marriage license
$ 10.00;
Certified abstract of each marriage
$ 2.00;
(47)(45) Minor or mentally ill person, etc., disposal of estate under ten thousand dollars of
$ 10.00;
(48)(46) Mortgage or mortgage and repair or improve real estate, petition to
$ 20.00;
(49)(47) Newly discovered assets, report of
$ 7.00;
(50)(48) Nonresident executor or administrator to bar creditors' claims, proceedings by
$ 20.00;
(51)(49) Power of attorney or revocation of power, bonding company
$ 10.00;
(52)(50) Presumption of death, petition to establish
$ 20.00;
(53)(51) Probating will
$ 15.00;
Proof of notice to beneficiaries
$ 5.00;
(54)(52) Purchase personal property, application of surviving spouse to
$ 10.00;
(55)(53) Purchase real estate at appraised value, petition of surviving spouse to
$ 20.00;
(56)(54) Receipts in addition to advertising charges, application and order to record
$ 5.00;
Record of those receipts, additional, per page
$ 1.00;
(57)(55) Record in excess of fifteen hundred words five pages in any proceeding in the probate court, per page
$ 1.00;
(58)(56) Release of estate by mortgagee or other lienholder
$ 5.00;
(59)(57) Relieving an estate from administration under section 2113.03 of the Revised Code or granting an order for a summary release from administration under section 2113.031 of the Revised Code
$ 60.00;
(60)(58) Removal of fiduciary, application for
$ 10.00;
(61)(59) Requalification of executor or administrator
$ 10.00;
(62)(60) Resignation of fiduciary
$ 5.00;
(63)(61) Sale bill, public sale of personal property
$ 10.00;
(64)(62) Sale of personal property and report, application for
$ 10.00;
(65)(63) Sale of real estate, petition for
$ 25.00;
(66)(64) Terminate guardianship, petition application and entry to
$ 10.00;
(67)(65) Transfer of real estate, application, entry, and certificate for
$ 7.00;
(68)(66) Unclaimed money, application to invest
$ 7.00;
(69)(67) Vacate approval of account or order of distribution, motion to
$ 10.00;
(70)(68) Writ of execution
$ 5.00;
(71)(69) Writ of possession
$ 5.00;
(72)(70) Wrongful death, application and settlement of claim for
$ 20.00;
(73)(71) Year's allowance, petition to review
$ 7.00;
(74)(72) Guardian's report, filing and review of
$ 5.00.

(B)(1) In relation to an application for the appointment of a guardian or the review of a report of a guardian under section 2111.49 of the Revised Code, the probate court, pursuant to court order or in accordance with a court rule, may direct that the applicant or the estate pay any or all of the expenses of an investigation conducted pursuant to section 2111.041 or division (A)(2) of section 2111.49 of the Revised Code. If the investigation is conducted by a public employee or investigator who is paid by the county, the fees for the investigation shall be paid into the county treasury. If the court finds that an alleged incompetent or a ward is indigent, the court may waive the costs, fees, and expenses of an investigation.
(2) In relation to the appointment or functioning of a guardian for a minor or the guardianship of a minor, the probate court may direct that the applicant or the estate pay any or all of the expenses of an investigation conducted pursuant to section 2111.042 of the Revised Code. If the investigation is conducted by a public employee or investigator who is paid by the county, the fees for the investigation shall be paid into the county treasury. If the court finds that the guardian or applicant is indigent, the court may waive the costs, fees, and expenses of an investigation.
(C) Thirty Fifteen dollars of the fee collected pursuant to division (A)(29) of this section, fifty dollars of the thirty-five-dollar fee collected pursuant to division (A)(34)(33) of this section, ten dollars of the fee collected pursuant to division (A)(44) of this section, and twenty thirty dollars of the sixty-dollar fee collected pursuant to division (A)(59)(57) of this section shall be deposited by the county treasurer in the indigent guardianship fund created pursuant to section 2111.51 of the Revised Code.
(D) The fees of witnesses, jurors, sheriffs, coroners, and constables for services rendered in the probate court or by order of the probate judge shall be the same as provided for like services in the court of common pleas.
(E) The probate court, by rule, may require an advance deposit for costs, not to exceed one two hundred twenty-five fifty dollars plus the cost of publication, at the time application is made for an appointment as executor or administrator or at the time a will is presented for probate.
(F) The probate court, by rule, shall establish a reasonable fee, not to exceed fifty dollars, for the filing of a petition for the release of information regarding an adopted person's name by birth and the identity of the adopted person's biological parents and biological siblings pursuant to section 3107.41 of the Revised Code, all proceedings relative to the petition, the entry of an order relative to the petition, and all services required to be performed in connection with the petition. The probate court may use a reasonable portion of a fee charged under authority of this division to reimburse any agency, as defined in section 3107.39 of the Revised Code, for any services it renders in performing a task described in section 3107.41 of the Revised Code relative to or in connection with the petition for which the fee was charged.
(G)(1) Thirty dollars of the fifty-dollar fee collected pursuant to division (A)(3)(2) of this section shall be deposited into the "putative father registry fund," which is hereby created in the state treasury. The department of job and family services shall use the money in the fund to fund the department's costs of performing its duties related to the putative father registry established under section 3107.062 of the Revised Code.
(2) If the department determines that money in the putative father registry fund is more than is needed for its duties related to the putative father registry, the department may use the surplus moneys in the fund as permitted in division (C) of section 2151.3529, division (B) of section 2151.3530, or section 5103.155 of the Revised Code.
Sec. 2101.162.  (A)(1) The probate judge may determine that, for the efficient operation of the probate court, additional funds are required to computerize the court, make available computerized legal research services, or to do both. Upon making a determination that additional funds are required for either or both of those purposes, the probate judge shall charge a fee not to exceed three five dollars or authorize and direct a deputy clerk of his the probate court to charge a fee not to exceed three five dollars, in addition to the fees specified in charged under divisions (A)(1), (2), (3), (4), (6)(5), (14)(13) to (17)(16), (20)(19) to (25)(24), (27)(26), (30)(29) to (32)(31), (33), (34), (35), (37)(36) to (48)(46), (50)(48) to (55)(53), (57) to (59) to, (61), (63) to (66), (69) to (64), (67), and (72)(70) of section 2101.16 of the Revised Code, the fee adopted pursuant to division (F) of that section, and the fee charged in connection with the docketing and indexing of an appeal.
(2) All moneys collected under division (A)(1) of this section shall be paid to the county treasurer. The treasurer shall place the moneys from the fees in a separate fund to be disbursed, upon an order of the probate judge, in an amount no greater than the actual cost to the court of procuring and maintaining computerization of the court, computerized legal research services, or both.
(3) If the court determines that the funds in the fund described in division (A)(2) of this section are more than sufficient to satisfy the purpose for which the additional fee described in division (A)(1) of this section was imposed, the court may declare a surplus in the fund and expend those surplus funds for other appropriate technological expenses of the court.
(B)(1) The probate judge may determine that, for the efficient operation of his the probate court, additional funds are required to computerize the office of the clerk of the court and, upon that determination, may charge a fee, not to exceed ten fifteen dollars, or authorize and direct a deputy clerk of the probate court to charge a fee, not to exceed ten fifteen dollars, in addition to the fees specified in charged under divisions (A)(1), (2), (3), (4), (6)(5), (14)(13) to (17)(16), (20)(19) to (25)(24), (27)(26), (30)(29) to (32)(31), (33), (34), (35), (37)(36) to (48)(46), (50)(48) to (55)(53), (57) to (59) to, (61), (63) to (66), (69) to (64), (67), and (72)(70) of section 2101.16 of the Revised Code, the fee adopted pursuant to division (F) of that section, and the fee charged in connection with the docketing and indexing of an appeal. Subject to division (B)(2) of this section, all moneys collected under this division shall be paid to the county treasurer to be disbursed, upon an order of the probate judge and subject to appropriation by the board of county commissioners, in an amount no greater than the actual cost to the probate court of procuring and maintaining computer systems for the office of the clerk of the court.
(2) If the probate judge makes the determination described in division (B)(1) of this section, the board of county commissioners may issue one or more general obligation bonds for the purpose of procuring and maintaining the computer systems for the office of the clerk of the probate court. In addition to the purposes stated in division (B)(1) of this section for which the moneys collected under that division may be expended, the moneys additionally may be expended to pay debt charges on and financing costs related to any general obligation bonds issued pursuant to this division as they become due. General obligation bonds issued pursuant to this division are Chapter 133. securities.
Sec. 2101.17.  The fees enumerated in this section shall be paid to the probate court from the county treasury upon the warrant of the county auditor which shall issue upon the certificate of the probate judge and shall be in full for all services rendered in the respective proceedings as follows:
(A) For each hearing to determine if a person is a mentally ill individual subject to hospitalization when the person is committed to a state hospital or to relatives
 $ 12.00 40.00;
(B) When the person is discharged
7.00 25.00;
(C) For order of return of a mentally ill person to a state hospital or removal therefrom
2.00 10.00;
(D) For proceedings for committing a person to an institution for the mentally retarded
10.00 35.00;
(E) For habeas corpus proceedings when a person is confined under color of proceedings in a criminal case and is discharged
10.00 35.00;
(F) When acting as a juvenile judge, for each case filed against a delinquency delinquent, dependent, unruly, or neglected child, or a juvenile traffic offender
5.00 20.00;
(G) For proceedings to take a child from parents or other persons having control thereof
5.00 20.00.

Sec. 2111.51.  Each county shall establish in the county treasury an indigent guardianship fund. All revenue that the general assembly appropriates to the indigent guardianship fund for a county, thirty fifteen dollars of the fee collected pursuant to division (A)(29) of section 2101.16 of the Revised Code, fifty dollars of the thirty-five-dollar fee collected pursuant to division (A)(34)(33) of that section 2101.16 of the Revised Code, ten dollars of the fee collected pursuant to division (A)(44) of that section, and twenty thirty dollars of the sixty-dollar fee collected pursuant to division (A)(59)()(57) of that section shall be deposited into the fund that is established in that county. Expenditures from the fund shall be made only upon order of the probate judge and only for payment of any cost, fee, charge, or expense associated with the establishment, opening, maintenance, or termination of a guardianship for an indigent ward.
If a probate court determines that there are reasonably sufficient funds in the indigent guardianship fund of the county in which the court is located to meet the needs of indigent guardianships in that county, the court, by order, may declare a surplus in the indigent guardianship fund and expend the surplus funds for other guardianship expenses or for other court purposes.
Sec. 2113.031.  (A) As used in this section:
(1) "Financial institution" has the same meaning as in section 5725.01 of the Revised Code. "Financial institution" also includes a credit union and a fiduciary that is not a trust company but that does trust business.
(2) "Funeral and burial expenses" means whichever of the following applies:
(a) The funeral and burial expenses of the decedent that are included in the bill of a funeral director;
(b) The funeral expenses of the decedent that are not included in the bill of a funeral director and that have been approved by the probate court;
(c) The funeral and burial expenses of the decedent that are described in divisions (A)(2)(a) and (b) of this section.
(3) "Surviving spouse" means either of the following:
(a) The surviving spouse of a decedent who died leaving the surviving spouse and no minor children;
(b) The surviving spouse of a decedent who died leaving the surviving spouse and minor children, all of whom are children of the decedent and the surviving spouse.
(B)(1) If the value of the assets of the decedent's estate does not exceed the lesser of five thousand dollars or the amount of the decedent's funeral and burial expenses, any person who is not a surviving spouse and who has paid or is obligated in writing to pay the decedent's funeral and burial expenses, including a person described in section 2108.89 of the Revised Code, may apply to the probate court for an order granting a summary release from administration in accordance with this section.
(2) If either of the following applies, the decedent's surviving spouse may apply to the probate court for an order granting a summary release from administration in accordance with this section:
(a) The decedent's funeral and burial expenses have been prepaid, and the value of the assets of the decedent's estate does not exceed the total of the following items:
(i) The allowance for support that is made under division (A) of section 2106.13 of the Revised Code to the surviving spouse and, if applicable, to the decedent's minor children and that is distributable in accordance with division (B)(1) or (2) of that section;
(ii) An amount, not exceeding five thousand dollars, for the decedent's funeral and burial expenses referred to in division (A)(2)(c) of this section.
(b) The decedent's funeral and burial expenses have not been prepaid, the decedent's surviving spouse has paid or is obligated in writing to pay the decedent's funeral and burial expenses, and the value of the assets of the decedent's estate does not exceed the total of the items referred to in divisions (B)(2)(a)(i) and (ii) of this section.
(C) A probate court shall order a summary release from administration in connection with a decedent's estate only if the court finds that all of the following are satisfied:
(1) A person described in division (B)(1) of this section is the applicant for a summary release from administration, and the value of the assets of the decedent's estate does not exceed the lesser of five thousand dollars or the amount of the decedent's funeral and burial expenses, or the applicant for a summary release from administration is the decedent's surviving spouse, and the circumstances described in division (B)(2)(a) or (b) of this section apply.
(2) The application for a summary release from administration does all of the following:
(a) Describes all assets of the decedent's estate that are known to the applicant;
(b) Is in the form that the supreme court prescribes pursuant to its powers of superintendence under Section 5 of Article IV, Ohio Constitution, and is consistent with the requirements of this division;
(c) Has been signed and acknowledged by the applicant in the presence of a notary public or a deputy clerk of the probate court;
(d) Sets forth the following information if the decedent's estate includes a described type of asset:
(i) If the decedent's estate includes a motor vehicle, the motor vehicle's year, make, model, body type, manufacturer's vehicle identification number, certificate of title number, and date of death value;
(ii) If the decedent's estate includes an account maintained by a financial institution, that institution's name and the account's complete identifying number and date of death balance;
(iii) If the decedent's estate includes one or more shares of stock or bonds, the total number of the shares and bonds and their total date of death value and, for each share or bond, its serial number, the name of its issuer, its date of death value, and, if any, the name and address of its transfer agent.
(3) The application for a summary release from administration is accompanied by all of the following that apply:
(a) A receipt, contract, written declaration as defined in section 2108.70 of the Revised Code, or other document that confirms the applicant's payment or obligation to pay the decedent's funeral and burial expenses or, if applicable in the case of the decedent's surviving spouse, the prepayment of the decedent's funeral and burial expenses;
(b) An application for a certificate of transfer as described in section 2113.61 of the Revised Code, if an interest in real property is included in the assets of the decedent's estate;
(c) The fee required by division (A)(59)(57) of section 2101.16 of the Revised Code.
(4) At the time of its determination on the application, there are no pending proceedings for the administration of the decedent's estate and no pending proceedings for relief of the decedent's estate from administration under section 2113.03 of the Revised Code.
(5) At the time of its determination on the application, there are no known assets of the decedent's estate other than the assets described in the application.
(D) If the probate court determines that the requirements of division (C) of this section are satisfied, the probate court shall issue an order that grants a summary release from administration in connection with the decedent's estate. The order has, and shall specify that it has, all of the following effects:
(1) It relieves the decedent's estate from administration.
(2) It directs the delivery to the applicant of the decedent's personal property together with the title to that property.
(3) It directs the transfer to the applicant of the title to any interests in real property included in the decedent's estate.
(4) It eliminates the need for a financial institution, corporation, or other entity or person referred to in any provision of divisions (A) to (F) of section 5731.39 of the Revised Code to obtain, as otherwise would be required by any of those divisions, the written consent of the tax commissioner prior to the delivery, transfer, or payment to the applicant of an asset of the decedent's estate.
(E) A certified copy of an order that grants a summary release from administration together with a certified copy of the application for that order constitutes sufficient authority for a financial institution, corporation, or other entity or person referred to in divisions (A) to (F) of section 5731.39 of the Revised Code or for a clerk of a court of common pleas to transfer title to an asset of the decedent's estate to the applicant for the summary release from administration.
(F) This section does not affect the ability of qualified persons to file an application to relieve an estate from administration under section 2113.03 of the Revised Code or to file an application for the grant of letters testamentary or letters of administration in connection with the decedent's estate.
Sec. 2303.201.  (A)(1) The court of common pleas of any county may determine that for the efficient operation of the court additional funds are required to computerize the court, to make available computerized legal research services, or to do both. Upon making a determination that additional funds are required for either or both of those purposes, the court shall authorize and direct the clerk of the court of common pleas to charge one additional fee, not to exceed three dollars, on the filing of each cause of action or appeal under divisions (A), (Q), and (U) of section 2303.20 of the Revised Code.
(2) All fees collected under division (A)(1) of this section shall be paid to the county treasurer. The treasurer shall place the funds from the fees in a separate fund to be disbursed, upon an order of the court, in an amount not greater than the actual cost to the court of procuring and maintaining computerization of the court, computerized legal research services, or both.
(3) If the court determines that the funds in the fund described in division (A)(2) of this section are more than sufficient to satisfy the purpose for which the additional fee described in division (A)(1) of this section was imposed, the court may declare a surplus in the fund and expend those surplus funds for other appropriate technological expenses of the court.
(B)(1) The court of common pleas of any county may determine that, for the efficient operation of the court, additional funds are required to computerize the office of the clerk of the court of common pleas and, upon that determination, authorize and direct the clerk of the court of common pleas to charge an additional fee, not to exceed ten dollars, on the filing of each cause of action or appeal, on the filing, docketing, and endorsing of each certificate of judgment, or on the docketing and indexing of each aid in execution or petition to vacate, revive, or modify a judgment under divisions (A), (P), (Q), (T), and (U) of section 2303.20 of the Revised Code. Subject to division (B)(2) of this section, all moneys collected under division (B)(1) of this section shall be paid to the county treasurer to be disbursed, upon an order of the court of common pleas and subject to appropriation by the board of county commissioners, in an amount no greater than the actual cost to the court of procuring and maintaining computer systems for the office of the clerk of the court of common pleas.
(2) If the court of common pleas of a county makes the determination described in division (B)(1) of this section, the board of county commissioners of that county may issue one or more general obligation bonds for the purpose of procuring and maintaining the computer systems for the office of the clerk of the court of common pleas. In addition to the purposes stated in division (B)(1) of this section for which the moneys collected under that division may be expended, the moneys additionally may be expended to pay debt charges on and financing costs related to any general obligation bonds issued pursuant to division (B)(2) of this section as they become due. General obligation bonds issued pursuant to division (B)(2) of this section are Chapter 133. securities.
(C) The court of common pleas shall collect the sum of twenty-six dollars as additional filing fees in each new civil action or proceeding for the charitable public purpose of providing financial assistance to legal aid societies that operate within the state and to support the office of the state public defender. This division does not apply to proceedings concerning annulments, dissolutions of marriage, divorces, legal separation, spousal support, marital property or separate property distribution, support, or other domestic relations matters; to a juvenile division of a court of common pleas; to a probate division of a court of common pleas, except that the additional filing fees shall apply to name change, guardianship, adoption, and full administration of decedents' estate proceedings; or to an execution on a judgment, proceeding in aid of execution, or other post-judgment proceeding arising out of a civil action. The filing fees required to be collected under this division shall be in addition to any other filing fees imposed in the action or proceeding and shall be collected at the time of the filing of the action or proceeding. The court shall not waive the payment of the additional filing fees in a new civil action or proceeding unless the court waives the advanced payment of all filing fees in the action or proceeding. All such moneys 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 in a manner prescribed by the treasurer of state or by the Ohio legal assistance foundation. The treasurer of state shall deposit four per cent of the funds collected under this division to the credit of the civil case filing fee fund established under section 120.07 of the Revised Code and ninety-six per cent of the funds collected under this division to the credit of the legal aid fund established under section 120.52 of the Revised Code.
The court may retain up to one per cent of the moneys it collects under this division to cover administrative costs, including the hiring of any additional personnel necessary to implement this division.
(D) On and after the thirtieth day after December 9, 1994, the court of common pleas shall collect the sum of thirty-two dollars as additional filing fees in each new action or proceeding for annulment, divorce, or dissolution of marriage for the purpose of funding shelters for victims of domestic violence pursuant to sections 3113.35 to 3113.39 of the Revised Code. The filing fees required to be collected under this division shall be in addition to any other filing fees imposed in the action or proceeding and shall be collected at the time of the filing of the action or proceeding. The court shall not waive the payment of the additional filing fees in a new action or proceeding for annulment, divorce, or dissolution of marriage unless the court waives the advanced payment of all filing fees in the action or proceeding. On or before the twentieth day of each month, all moneys collected during the immediately preceding month pursuant to this division shall be deposited by the clerk of the court into the county treasury in the special fund used for deposit of additional marriage license fees as described in section 3113.34 of the Revised Code. Upon their deposit into the fund, the moneys shall be retained in the fund and expended only as described in section 3113.34 of the Revised Code.
(E)(1) The court of common pleas may determine that, for the efficient operation of the court, additional funds are necessary to acquire and pay for special projects of the court, including, but not limited to, the acquisition of additional facilities or the rehabilitation of existing facilities, the acquisition of equipment, the hiring and training of staff, community service programs, mediation or dispute resolution services, the employment of magistrates, the training and education of judges, acting judges, and magistrates, and other related services. Upon that determination, the court by rule may charge a fee, in addition to all other court costs, on the filing of each criminal cause, civil action or proceeding, or judgment by confession.
If the court of common pleas offers a special program or service in cases of a specific type, the court by rule may assess an additional charge in a case of that type, over and above court costs, to cover the special program or service. The court shall adjust the special assessment periodically, but not retroactively, so that the amount assessed in those cases does not exceed the actual cost of providing the service or program.
All moneys collected under division (E) of this section shall be paid to the county treasurer for deposit into either a general special projects fund or a fund established for a specific special project. Moneys from a fund of that nature shall be disbursed upon an order of the court in an amount no greater than the actual cost to the court of a project. If a specific fund is terminated because of the discontinuance of a program or service established under division (E) of this section, the court may order that moneys remaining in the fund be transferred to an account established under this division for a similar purpose.
(2) As used in division (E) of this section:
(a) "Criminal cause" means a charge alleging the violation of a statute or ordinance, or subsection of a statute or ordinance, that requires a separate finding of fact or a separate plea before disposition and of which the defendant may be found guilty, whether filed as part of a multiple charge on a single summons, citation, or complaint or as a separate charge on a single summons, citation, or complaint. "Criminal cause" does not include separate violations of the same statute or ordinance, or subsection of the same statute or ordinance, unless each charge is filed on a separate summons, citation, or complaint.
(b) "Civil action or proceeding" means any civil litigation that must be determined by judgment entry.
Section 2. That existing sections 2101.16, 2101.162, 2101.17, 2111.51, 2113.031, and 2303.201 of the Revised Code are hereby repealed.
Section 3. Until a probate court adopts a rule establishing fees pursuant to division (A) of section 2101.16 of the Revised Code as amended by this act, the fees set forth in that division as it existed on the effective date of this act shall remain in effect.
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