As Introduced

126th General Assembly
Regular Session
2005-2006
S. B. No. 185


Senators Padgett, Schuring 



A BILL
To amend section 1345.01 of the Revised Code to 1
expand the Consumer Sales Practices Act to cover 2
transactions between two businesses.3


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

       Section 1. That section 1345.01 of the Revised Code be 4
amended to read as follows:5

       Sec. 1345.01.  As used in sections 1345.01 to 1345.13 of the 6
Revised Code:7

       (A) "Consumer transaction" means a sale, lease, assignment, 8
award by chance, or other transfer of an item of goods, a service, 9
a franchise, or an intangible, to an individual for purposes that 10
are primarily personal, family, or household, or solicitation to 11
supply any of these things. A consumer transaction also includes 12
business transactions between persons for goods or services not 13
for resale in the ordinary course of a person's trade or business 14
but for the use or benefit of a person's business or in connection 15
with the operation of a person's business. "Consumer transaction" 16
does not include transactions between persons, defined in sections17
section 4905.03 and 5725.01divisions (A), (C), (D), and (E) of 18
section 5725.01 of the Revised Code, and their customers; 19
transactions between certified public accountants or public 20
accountants and their clients; transactions between attorneys, 21
physicians, or dentists and their clients or patients; and 22
transactions between veterinarians and their patients that pertain 23
to medical treatment but not ancillary services.24

       (B) "Person" includes an individual, corporation, government, 25
governmental subdivision or agency, business trust, estate, trust, 26
partnership, association, cooperative, or other legal entity.27

       (C) "Supplier" means a seller, lessor, assignor, franchisor, 28
or other person engaged in the business of effecting or soliciting 29
consumer transactions, whether or not the person deals directly 30
with the consumer.31

       (D) "Consumer" means a person who engages in a consumer32
transaction with a supplier.33

       (E) "Knowledge" means actual awareness, but such actual34
awareness may be inferred where objective manifestations indicate35
that the individual involved acted with such awareness.36

       (F) "Natural gas service" means the sale of natural gas,37
exclusive of any distribution or ancillary service.38

       (G) "Public telecommunications service" means the39
transmission by electromagnetic or other means, other than by a 40
telephone company as defined in section 4927.01 of the Revised 41
Code, of signs, signals, writings, images, sounds, messages, or 42
data originating in this state regardless of actual call routing. 43
"Public telecommunications service" excludes a system, including 44
its construction, maintenance, or operation, for the provision of 45
telecommunications service, or any portion of such service, by any 46
entity for the sole and exclusive use of that entity, its parent, 47
a subsidiary, or an affiliated entity, and not for resale, 48
directly or indirectly; the provision of terminal equipment used 49
to originate telecommunications service; broadcast transmission by 50
radio, television, or satellite broadcast stations regulated by 51
the federal government; or cable television service.52

       Section 2. That existing section 1345.01 of the Revised Code 53
is hereby repealed.54