As Passed by the House                        1            

122nd General Assembly                                             4            

   Regular Session                        Am. Sub. H. B. No. 507   5            

      1997-1998                                                    6            


   REPRESENTATIVES BATEMAN-GARDNER-HAINES-CATES-CAREY-BRITTON-     8            

     REID-GARCIA-KREBS-METELSKY-PADGETT-BRADING-OGG-O'BRIEN-       9            

      BUCHY-VESPER-NETZLEY-WILLIAMS-OPFER-SUTTON-CALLENDER-        10           

       HARTLEY-WOMER BENJAMIN-MASON-JONES-COUGHLIN-TIBERI-         11           

     KASPUTIS-JOHNSON-GRENDELL-SALERNO-MYERS-THOMAS-WINKLER-       12           

                 WISE-HARRIS-AMSTUTZ-TERWILLEGER                   13           


                                                                   15           

                           A   B I L L                                          

             To amend section 1925.08 of the Revised Code to       17           

                permit institutions of higher education and        18           

                specified small businesses  to file more than      19           

                twenty-four claims in the small claims division    21           

                of any municipal or county court  within any       22           

                calendar year.                                     23           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        25           

      Section 1.  That section 1925.08 of the Revised Code be      27           

amended to read as follows:                                        28           

      Sec. 1925.08.  (A)  Except as provided in division (B) of    37           

this section, not more than twenty-four claims may be filed in     38           

the small claims division of any municipal or county court by a    39           

single person within any calendar year.                            40           

      (B)  Division (A) of this section does not apply to any of   43           

the following:                                                                  

      (1)  Any authorized employee of a political subdivision or   45           

any authorized officer or employee of the state who files actions  46           

in the small claims division of any municipal or county court to   47           

recover taxes;                                                     48           

      (2)  A county department of human services.;                 50           

      (3)  A supplier, consumer, or other person who files         52           

                                                          2      

                                                                 
actions in the Small Claims Division SMALL CLAIMS DIVISION of a    53           

municipal or county court to secure payment for a dishonored       54           

check;                                                                          

      (4)  A SMALL RETAIL BUSINESS THAT FILES ACTIONS IN THE       56           

SMALL CLAIMS DIVISION OF A MUNICIPAL OR COUNTY COURT TO SECURE     57           

PAYMENT OF MONEYS OWED FOR GOODS OR SERVICES SOLD OR RENTED TO     58           

CUSTOMERS OF THE SMALL RETAIL BUSINESS;                            59           

      (5)  AN INSTITUTION OF HIGHER EDUCATION.                     61           

      (C)  As used in this section:                                63           

      (1)  "Person" has the same meaning as in division (C) of     65           

section 1.59 of the Revised Code and ALSO includes governmental    66           

entities.                                                          67           

      (2)  "Political subdivision" and "employee" of a political   69           

subdivision have the same meanings as in section 2744.01 of the    70           

Revised Code.                                                      71           

      (3)  "State" has the same meaning as in section 109.36 of    73           

the Revised Code.                                                  74           

      (4)  "Officer or employee of the state" means any person     76           

who is serving in an elected or appointed office or position with  77           

the state or is employed by the state.  "Officer or employee of    78           

the state" does not include any person elected, appointed, or      79           

employed by any political subdivision.                             80           

      (5)  "Consumer," "consumer transaction," and "supplier"      82           

have the same meanings as in section 1345.01 of the Revised Code.  83           

      (6)  "INSTITUTION OF HIGHER EDUCATION" MEANS ANY OF THE      85           

FOLLOWING:                                                                      

      (a)  A STATE UNIVERSITY AS DEFINED IN SECTION 3345.011 OF    87           

THE REVISED CODE, INCLUDING, BUT NOT LIMITED TO, THE STATE         88           

UNIVERSITIES LISTED IN THAT SECTION;                               89           

      (b)  THE MEDICAL COLLEGE OF OHIO AT TOLEDO;                  91           

      (c)  THE NORTHEASTERN OHIO UNIVERSITIES COLLEGE OF           93           

MEDICINE;                                                          94           

      (d)  MUNICIPAL UNIVERSITIES, COLLEGES, OR OTHER EDUCATIONAL  96           

INSTITUTIONS, COMMUNITY COLLEGES, UNIVERSITY BRANCHES, TECHNICAL   97           

                                                          3      

                                                                 
COLLEGES, AND STATE COMMUNITY COLLEGES ESTABLISHED OR OPERATING    98           

PURSUANT TO CHAPTER 3349., 3354., 3355., 3357., OR 3358. OF THE    99           

REVISED CODE;                                                                   

      (e)  ANY INSTITUTION OF HIGHER EDUCATION WITH A CERTIFICATE  101          

OF REGISTRATION FROM THE STATE BOARD OF PROPRIETARY SCHOOL         102          

REGISTRATION.                                                                   

      (7)  "SMALL RETAIL BUSINESS" MEANS A CORPORATION,            104          

PARTNERSHIP, PROPRIETORSHIP, LIMITED LIABILITY COMPANY, OR OTHER   105          

ENTITY WITH LESS THAN FIFTY EMPLOYEES THAT ENGAGES IN THE RETAIL   106          

SALE OR RENTAL OF GOODS OR SERVICES TO CUSTOMERS.                  107          

      Section 2.  That existing section 1925.08 of the Revised     109          

Code is hereby repealed.                                           110