To amend sections 2333.22, 2715.21, 2735.02, and 2735.04 of the Revised Code to add to and clarify the powers of a receiver and to provide a procedure for a receiver's sale of real property.

Section 1. That sections 2333.22, 2715.21, 2735.02, and 2735.04 of the Revised Code be amended to read as follows:

Sec. 2333.22.  (A) In proceedings under sections 2333.09 to 2333.27, inclusive, of the Revised Code, the judge by order may appoint the sheriff of the proper county, or other suitable person, a receiver of the property of the judgment debtor. Such

(B) The judge also who appointed the receiver under division (A) of this section, by order, may forbid a transfer, or other disposition of or interference with, the property of the judgment debtor not exempt by law.

(C) Under the control of the judge who appointed a receiver under division (A) of this section and except as ordered by the judge under division (B) of this section, the receiver may do any of the acts specified in section 2735.04 of the Revised Code.

Sec. 2715.21.  (A) The receiver appointed under section 2715.20 of the Revised Code shall take possession of all notes, due bills, books of account, accounts, and other evidences of debt, that have been taken by the levying officer as the property of the defendant in attachment, and proceed to settle and collect them. For that purpose, the receiver may commence and maintain actions in his the receiver's own name, as receiver, but no right of defense therein in the action shall be impaired or affected.

(B) Under the control of the court that appointed the receiver under section 2715.20 of the Revised Code, the receiver may do any of the acts specified in section 2735.04 of the Revised Code.

Sec. 2735.02.  No party, attorney, or person interested in an action shall be appointed receiver therein in the action except by consent of all of the parties to the case and all other persons holding a recorded ownership interest in or financial lien on the property that is subject to the proceeding. No person except a resident of this state shall be appointed or act as receiver of a railroad or other corporation within, partnership, limited liability company, or other entity created under the laws of this state. In selecting a receiver, priority consideration shall be afforded to any of the qualified persons nominated by the party seeking the receivership. No nomination of qualified persons for the receivership is binding upon the court.

Sec. 2735.04.  (A) Under the control of the court which that appointed him, the receiver as provided in section 2735.01 of the Revised Code, a the receiver may bring do any of the following:

(1) Bring and defend actions in his the receiver's own name as receiver, take;

(2) Take and keep possession of real or personal property, receive;

(3) Receive rents, and collect, compound for, and compromise demands, make;

(4) Establish or maintain accounts with any public utility in the receiver's name as receiver under the rules that may be adopted by the public utilities commission;

(5) Subject to division (B) of this section, enter into contracts, including, but not limited to contracts of sale, lease, or construction and contracts for the completion of construction work;

(6) Make transfers, and generally of real or personal property free and clear of liens or encumbrances after appropriate notice to persons who have a recorded ownership or financial interest in the property to be transferred, including, but not limited to, lienholders;

(7) Generally do such any acts respecting the real or personal property as that the court authorizes.

(B) Any funds that are expended by the receiver in entering into or performing contracts under division (A)(5) of this section, including those for the completion of construction work authorized by the court, shall be taxed as court costs or otherwise treated as a priority administrative expense of the proceeding. The court may from time to time require an additional deposit to cover that administrative expense by the party that sought the receivership or by all parties likely to be directly benefited by the construction work.

(C) If a receiver transfers real or personal property under division (A)(6) of this section, the liens or other interests of persons in the property shall be transferred in the same order of priority to the proceeds received from the transfer of it.

(D)(1) In the exercise of a receiver's authority under division (A)(6) of this section and in accordance with the court's order to sell or otherwise dispose of real property, the receiver may sell real property at a public or private sale, enter into a long- or short-term lease, or make other reasonable arrangements as approved by the court. At the conclusion of the sale of real property by a receiver and on careful examination of the proceedings of the sale, if the court finds that the sale was made in conformity with its order to sell, it shall, within thirty days of the date of the sale, confirm the sale and direct the clerk of the court to make an entry on the journal that the court is satisfied of the legality of the sale and that the receiver make to the purchaser a deed for the real property sold. Nothing in this division prevents the court from staying the confirmation of the sale to permit the property owner time to redeem the property or for any other reason that the court determines is equitable. In those instances, the sale shall be confirmed within thirty days after the termination of any stay of confirmation.

(2) The receiver who made the sale under division (D)(1) of this section shall require the purchaser to pay within thirty days of the confirmation of the sale the balance, if any, due on the purchase price of the real property sold.

(3) At any time before the confirmation of the sale under division (D)(1) of this section, the property owner may redeem it from sale by depositing with the clerk of the court the amount for which the property was sold, with all costs, including poundage, and interest at a reasonable rate per annum set by the court on the purchase money from the date of the sale to the time of the deposit, except that if a judgment creditor is the purchaser, the interest is at that rate on the excess above the judgment creditor's claim. Upon the redemption of the property, the court shall make an order setting aside the sale, apply the deposit to the amount of the purchase price of the property and costs, and award the applicable interest to the purchaser. The clerk of the court shall transmit to the receiver the purchase money paid for the property and the interest awarded under this division.

(E) As used in this section:

(1) "Public utility" means any retail supplier of electric, gas, water, or related services or of sewage disposal service, including, but not limited to, an electric light company, gas company, natural gas company, water-works company, heating or cooling company, sewage disposal system company, municipal corporation, cooperative, provider of competitive retail electric service, or provider of competitive retail natural gas service.

(2) "Electric light company," "gas company," "natural gas company," "water-works company," "heating or cooling company," and "sewage disposal system company" have the same meanings as in section 4905.03 of the Revised Code.

(3) "Cooperative" means an entity that is owned and operated exclusively by and solely for its customers to provide electric, gas, water, or sewage disposal service and includes an electric cooperative as defined in section 4928.01 of the Revised Code.

(4) "Competitive retail electric service" has the same meaning as in section 4928.01 of the Revised Code.

(5) "Competitive retail natural gas service" has the same meaning as in section 4929.01 of the Revised Code.

Section 2. That existing sections 2333.22, 2715.21, 2735.02, and 2735.04 of the Revised Code are hereby repealed.