130th Ohio General Assembly
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As Passed by the House

123rd General Assembly
Regular Session
1999-2000
Sub. H. B. No. 294

REPRESENTATIVES WILLAMOWSKI-DePIERO-GRENDELL-HOLLISTER- KREBS-PRINGLE-TAYLOR-TERWILLEGER-BARRETT-SALERNO-FLANNERY- AMSTUTZ-JOLIVETTE-MEAD-VESPER-MAIER-CORE-TIBERI-BUCHY


A BILL
To amend sections 2335.19 and 2335.24 of the Revised Code relative to the collection of amounts due under judgments for court costs.

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


Section 1. That sections 2335.19 and 2335.24 of the Revised Code be amended to read as follows:

Sec. 2335.19. (A) On the rendition of judgment, in any cause IN ANY COURT, the costs of the party recovering, together with his THE PARTY'S debt or damages, shall be carried into his THE PARTY'S judgment, and the costs of the party against whom such THAT judgment is rendered shall be separately stated in the record or docket entry. No party in whose favor judgment for costs is rendered in a cause, may release, satisfy, or discharge, in whole, or in part, any of such THOSE costs, unless they have been THAT PARTY previously HAS paid by him THOSE COSTS to the clerk of the court, or UNLESS THOSE COSTS have been paid to the person entitled thereto, TO THOSE COSTS or have been legally assigned or transferred to such THAT party by the persons in whose names such THOSE costs stand taxed upon the record or docket.

(B) AN ENTRY OF JUDGMENT THAT INCLUDES A GRANT OF JUDGMENT FOR COSTS IS AN ORDER THAT AUTHORIZES THE CLERK OF THE COURT, IN ACCORDANCE WITH DIVISION (C) OF THIS SECTION, TO ISSUE A CERTIFICATE OF JUDGMENT FOR COSTS AGAINST THE PERSON WHO IS LIABLE FOR THE PAYMENT OF THOSE COSTS.

(C) THE CLERK OF A COURT WHO WISHES TO ISSUE A CERTIFICATE OF JUDGMENT FOR COSTS PURSUANT TO A JUDGMENT FOR COSTS SHALL PROVIDE AN ITEMIZED BILL OF FEES AND COSTS TO THE PERSON WHO IS LIABLE FOR COSTS UNDER THE JUDGMENT, EITHER UPON THE REQUEST OF THE PERSON AS SPECIFIED IN SECTION 2335.32 OF THE REVISED CODE OR WITHOUT A REQUEST. IF THE PERSON DOES NOT PAY THE FEES AND COSTS WITHIN THIRTY DAYS AFTER THE CLERK PROVIDES THE ITEMIZED BILL, THE CLERK SHALL SEND THE PERSON A NOTICE REQUESTING PAYMENT OF THE FEES AND COSTS AS STATED IN THE ITEMIZED BILL. IF THE PERSON DOES NOT RESPOND TO THE NOTICE WITH THE FULL PAYMENT OF THE FEES AND COSTS WITHIN THIRTY DAYS, THE CLERK SHALL SEND THE PERSON A SECOND NOTICE REQUESTING PAYMENT OF THE FEES AND COSTS. IF NINETY DAYS ELAPSE FROM THE DATE THAT THE CLERK PROVIDES THE ITEMIZED BILL AND IF THE PERSON HAS NOT PAID THE FULL AMOUNT OF THE FEES AND COSTS PURSUANT TO THE ITEMIZED BILL AND THE NOTICES, THE CLERK MAY ISSUE A CERTIFICATE OF JUDGMENT FOR COSTS AGAINST THE PERSON FOR THE FEES AND COSTS.

Sec. 2335.24. (A) In all causes in any court, except as otherwise provided in section 2969.23 of the Revised Code, costs taxed and entered as provided by section SECTIONS 2335.18 to 2335.23 of the Revised Code may be collected by the process provided by those sections.

(B)(1) THE CLERK OF A COURT MAY ENTER INTO CONTRACTS WITH ONE OR MORE PUBLIC AGENCIES OR PRIVATE VENDORS FOR THE COLLECTION OF AMOUNTS DUE UNDER JUDGMENTS FOR COSTS. THE AMOUNTS MAY INCLUDE ANY INTEREST THAT ALSO IS DUE ON A JUDGMENT FOR COSTS. BEFORE ENTERING INTO OR RENEWING A CONTRACT OF THAT NATURE, THE CLERK OF A COURT SHALL DO ALL OF THE FOLLOWING:

(a) COMPLY WITH THE PROVISIONS OF SECTIONS 307.86 TO 307.92 of the Revised Code THAT PERTAIN TO REQUIRED COMPETITIVE BIDDING. FOR PURPOSES OF COMPLYING WITH THOSE SECTIONS, THE CLERK OF THE COURT SHALL BE CONSIDERED THE CONTRACTING AUTHORITY.

(b) OBTAIN THE APPROVAL OF THE TERMS OF THE CONTRACT BY THE LEGISLATIVE AUTHORITY ASSOCIATED WITH THE COURT;

(c) ENSURE THAT THE PROSPECTIVE CONTRACT'S TERMS INCLUDE ONE OR MORE PROVISIONS FOR OVERSIGHT OF THE PUBLIC AGENCY'S OR PRIVATE VENDOR'S COLLECTION ACTIVITIES BY BOTH THE CLERK OF THE COURT AND THE LEGISLATIVE AUTHORITY ASSOCIATED WITH THE COURT.

(2) AS USED IN DIVISION (B) OF THIS SECTION, "LEGISLATIVE AUTHORITY" HAS THE SAME MEANING AS IN DIVISION (B) OF SECTION 1901.03 OF THE REVISED CODE, IF THE CLERK OF THE COURT INVOLVED IS THE CLERK OF A MUNICIPAL COURT, AND MEANS A BOARD OF COUNTY COMMISSIONERS, IF THE CLERK OF THE COURT INVOLVED IS THE CLERK OF A COUNTY COURT OR A COURT OF COMMON PLEAS.


Section 2. That existing sections 2335.19 and 2335.24 of the Revised Code are hereby repealed.
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