As Introduced                            1            

123rd General Assembly                                             4            

   Regular Session                                  H. B. No. 294  5            

      1999-2000                                                    6            


  REPRESENTATIVES WILLAMOWSKI-DePIERO-GRENDELL-HOLLISTER-KREBS-    8            

               PRINGLE-TAYLOR-TERWILLEGER-BARRETT                  9            


_________________________________________________________________   11           

                          A   B I L L                                           

             To amend sections 2335.19 and 2335.24 of the Revised  13           

                Code relative to the collection of amounts due     14           

                under judgments for court costs.                                




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        15           

      Section 1.  That sections 2335.19 and 2335.24 of the         17           

Revised Code be amended to read as follows:                        18           

      Sec. 2335.19.  (A)  On the rendition of judgment, in any     27           

cause, the costs of the party recovering, together with his THE    29           

PARTY'S debt or damages, shall be carried into his THE PARTY'S     30           

judgment, and the costs of the party against whom such THAT        31           

judgment is rendered shall be separately stated in the record or   33           

docket entry.  No party in whose favor judgment for costs is       34           

rendered in a cause, may release, satisfy, or discharge, in        36           

whole, or in part, any of such THOSE costs, unless they have been  37           

THAT PARTY previously HAS paid by him THOSE COSTS to the clerk of  38           

the court, or UNLESS THOSE COSTS have been paid to the person      41           

entitled thereto, TO THOSE COSTS or have been legally assigned or  42           

transferred to such THAT party by the persons in whose names such  43           

THOSE costs stand taxed upon the record or docket.                 45           

      (B)  AN ENTRY OF JUDGMENT THAT INCLUDES A GRANT OF JUDGMENT  48           

FOR COSTS IS AN ORDER THAT AUTHORIZES THE CLERK OF THE COURT, IN   49           

ACCORDANCE WITH DIVISION (C) OF THIS SECTION, TO ISSUE A           50           

CERTIFICATE OF JUDGMENT FOR COSTS AGAINST THE PERSON WHO IS        51           

LIABLE FOR THE PAYMENT OF THOSE COSTS.                             52           

      (C)  THE CLERK OF A COURT WHO WISHES TO ISSUE A CERTIFICATE  55           

                                                          2      


                                                                 
OF JUDGMENT FOR COSTS PURSUANT TO A JUDGMENT FOR COSTS SHALL       56           

PROVIDE AN ITEMIZED BILL OF FEES AND COSTS TO THE PERSON WHO IS    57           

LIABLE FOR COSTS UNDER THE JUDGMENT, EITHER UPON THE REQUEST OF    58           

THE PERSON AS SPECIFIED IN SECTION 2335.32 OF THE REVISED CODE OR  60           

WITHOUT A REQUEST.  IF THE PERSON DOES NOT PAY THE FEES AND COSTS  61           

WITHIN THIRTY DAYS AFTER THE CLERK PROVIDES THE ITEMIZED BILL,     62           

THE CLERK SHALL SEND THE PERSON A NOTICE REQUESTING PAYMENT OF     63           

THE FEES AND COSTS AS STATED IN THE ITEMIZED BILL.  IF THE PERSON  64           

DOES NOT RESPOND TO THE NOTICE WITH THE FULL PAYMENT OF THE FEES   65           

AND COSTS WITHIN THIRTY DAYS, THE CLERK SHALL SEND THE PERSON A    67           

SECOND NOTICE REQUESTING PAYMENT OF THE FEES AND COSTS.  IF        68           

NINETY DAYS ELAPSES FROM THE DATE THAT THE CLERK PROVIDES THE      69           

ITEMIZED BILL AND IF THE PERSON HAS NOT PAID THE FULL AMOUNT OF    70           

THE FEES AND COSTS PURSUANT TO THE ITEMIZED BILL AND THE NOTICES,  71           

THE CLERK MAY ISSUE A CERTIFICATE OF JUDGMENT FOR COSTS AGAINST                 

THE PERSON FOR THE FEES AND COSTS.                                 72           

      Sec. 2335.24.  (A)  In all causes in any court, except as    81           

otherwise provided in section 2969.23 of the Revised Code, costs   83           

taxed and entered as provided by section SECTIONS 2335.18 to       84           

2335.23 of the Revised Code may be collected by the process        85           

provided by those sections.                                                     

      (B)(1)  THE CLERK OF A COURT MAY ENTER INTO CONTRACTS WITH   87           

ONE OR MORE PUBLIC AGENCIES OR PRIVATE VENDORS FOR THE COLLECTION  89           

OF AMOUNTS DUE UNDER JUDGMENTS FOR COSTS.  THE AMOUNTS MAY         90           

INCLUDE ANY INTEREST THAT ALSO IS DUE ON A JUDGMENT FOR COSTS.     92           

BEFORE ENTERING INTO A CONTRACT OF THAT NATURE, THE CLERK OF A                  

COURT SHALL DO BOTH OF THE FOLLOWING:                              93           

      (a)  COMPLY WITH SECTIONS 307.86 TO 307.92 OF THE REVISED    96           

CODE OR ANY OTHER APPLICABLE LAW THAT PERTAINS TO REQUIRED         97           

COMPETITIVE BIDDING;                                                            

      (b)  ENSURE THAT THE PROSPECTIVE CONTRACT'S TERMS INCLUDE    99           

ONE OR MORE PROVISIONS FOR OVERSIGHT OF THE PUBLIC AGENCY'S OR     100          

PRIVATE VENDOR'S COLLECTION ACTIVITIES BY BOTH THE CLERK OF THE    101          

COURT AND THE LEGISLATIVE AUTHORITY ASSOCIATED WITH THE COURT,     102          

                                                          3      


                                                                 
AND OBTAIN THE LEGISLATIVE AUTHORITY'S CONSENT TO THOSE OVERSIGHT  103          

PROVISIONS.                                                                     

      (2)  AS USED IN DIVISION (B) OF THIS SECTION, "LEGISLATIVE   105          

AUTHORITY" HAS THE SAME MEANING AS IN DIVISION (B) OF SECTION      106          

1901.03 OF THE REVISED CODE, IF THE CLERK OF THE COURT INVOLVED    108          

IS THE CLERK OF A MUNICIPAL COURT, AND MEANS A BOARD OF COUNTY     109          

COMMISSIONERS, IF THE CLERK OF THE COURT INVOLVED IS THE CLERK OF  110          

A COUNTY COURT OR A COURT OF COMMON PLEAS.                         111          

      Section 2.  That existing sections 2335.19 and 2335.24 of    113          

the Revised Code are hereby repealed.                              114