Ohio HB 195: Revise the Ohio Uniform Commercial Code

Summary

This bill updates Ohio's Uniform Commercial Code to modernize commercial transaction laws and adds provisions regarding how counties reimburse the state for compensation paid to retired judges who serve on active duty. The bill affects businesses engaging in commercial transactions in Ohio and counties that employ retired judges, as it changes rules governing sales, leasing, secured transactions, and establishes a new quarterly payment system for retired assigned judges who work at least 100 hours per quarter.

Bill Text

hb195_05_EN

(136th General Assembly)

(Substitute
House Bill Number 195)

AN
ACT

To amend sections 141.16,
1301.101, 1301.102, 1301.103, 1301.104, 1301.105, 1301.106, 1301.201,
1301.204, 1301.205, 1301.206, 1301.301, 1301.302, 1301.304, 1301.305,
1301.306, 1302.01, 1302.02, 1302.04, 1302.05, 1302.06, 1302.08,
1302.12, 1303.01, 1303.03, 1303.41, 1303.69, 1304.51, 1304.56,
1304.57, 1304.58, 1304.62, 1304.63, 1304.65, 1304.66, 1304.72,
1305.03, 1305.15, 1307.102, 1307.106, 1308.01, 1308.02, 1308.05,
1308.17, 1308.24, 1309.102, 1309.104, 1309.105, 1309.203, 1309.204,
1309.207, 1309.208, 1309.209, 1309.210, 1309.301, 1309.304, 1309.305,
1309.310, 1309.312, 1309.313, 1309.314, 1309.316, 1309.317, 1309.323,
1309.324, 1309.330, 1309.331, 1309.332, 1309.334, 1309.341, 1309.404,
1309.406, 1309.408, 1309.509, 1309.513, 1309.601, 1309.605, 1309.608,
1309.611, 1309.613, 1309.614, 1309.615, 1309.616, 1309.619, 1309.620,
1309.621, 1309.624, 1309.628, 1310.01, 1310.02, 1310.05, 1310.08,
1310.09, 1310.10, 1310.12, 1310.15, and 1311.55 and to enact sections
1309.111, 1309.112, 1309.113, 1309.343, 1309.344, 1309.345, 1309.346,
1314.101, 1314.102, 1314.103, 1314.104, 1314.105, 1314.106, 1314.107,
1316.101, 1316.102, 1316.201, 1316.301, 1316.302, 1316.303, 1316.304,
1316.305, and 1316.306 of the Revised Code to make changes to the
Ohio Uniform Commercial Code and to make changes regarding billing
for reimbursement of pay for retired judges serving as active judges.

Be
it enacted by the General Assembly of the State of Ohio:

Section
1. That
sections 141.16,
1301.101,
1301.102, 1301.103, 1301.104, 1301.105, 1301.106, 1301.201, 1301.204,
1301.205, 1301.206, 1301.301, 1301.302, 1301.304, 1301.305, 1301.306,
1302.01, 1302.02, 1302.04, 1302.05, 1302.06, 1302.08, 1302.12,
1303.01, 1303.03, 1303.41, 1303.69, 1304.51, 1304.56, 1304.57,
1304.58, 1304.62, 1304.63, 1304.65, 1304.66, 1304.72, 1305.03,
1305.15, 1307.102, 1307.106, 1308.01, 1308.02, 1308.05, 1308.17,
1308.24, 1309.102, 1309.104, 1309.105, 1309.203, 1309.204, 1309.207,
1309.208, 1309.209, 1309.210, 1309.301, 1309.304, 1309.305, 1309.310,
1309.312, 1309.313, 1309.314, 1309.316, 1309.317, 1309.323, 1309.324,
1309.330, 1309.331, 1309.332, 1309.334, 1309.341, 1309.404, 1309.406,
1309.408, 1309.509, 1309.513, 1309.601, 1309.605, 1309.608, 1309.611,
1309.613, 1309.614, 1309.615, 1309.616, 1309.619, 1309.620, 1309.621,
1309.624, 1309.628, 1310.01, 1310.02, 1310.05, 1310.08, 1310.09,
1310.10, 1310.12, 1310.15, and 1311.55 be amended and sections
1309.111, 1309.112, 1309.113, 1309.343, 1309.344, 1309.345, 1309.346,
1314.101, 1314.102, 1314.103, 1314.104, 1314.105, 1314.106, 1314.107,
1316.101, 1316.102, 1316.201, 1316.301, 1316.302, 1316.303, 1316.304,
1316.305, and 1316.306 of the Revised Code be enacted to read as
follows:

Sec.
141.16. (A)
Any voluntarily retired judge, or any judge who is retired under
Section 6 of Article IV, Ohio Constitution, may be assigned with the
judge's consent, by the chief justice or acting chief justice of the
supreme court, to active duty as a judge. While so serving, the judge
shall be paid, from money appropriated for this purpose, the
established compensation for such office, computed on a per diem
basis, in addition to any retirement benefits to which the judge may
be entitled. 

(B)
Annually, on the first day of August, the administrative director of
the supreme court shall issue a billing to the county
treasurer administrative
judge of
any
county the
court to
which such a judge is assigned for reimbursement of the county's
portion of the compensation previously paid by the state for the
twelve-month period preceding the last day of June. The county's
portion of the compensation shall be that part of each per diem paid
by the state which is proportional to the county's share of the total
compensation of a resident judge of such court. The county
treasurer appropriate
funding authority shall
forward the payment within thirty days. 

(C)
A retired assigned judge is eligible to receive a retired assigned
judge payment if the retired assigned judge completes not less than
one hundred hours of service in the preceding quarter as assigned by
the chief justice or acting chief justice. The payment shall be seven
hundred fifty dollars per quarter and shall be paid from money
appropriated for this purpose. The payment is subject to any and all
applicable taxes under local, state, and federal law. 

The
payment shall be paid within thirty days after the end of the quarter
in which the one hundred hours is served. 

(D)
Division (C) of this section does not affect any right of a retired
assigned judge to receive any allowance, annuity, pension, or other
benefit vested pursuant to Chapter 145. of the Revised Code or other
eligible retirement system pursuant to Ohio law. 

(E)
As used in this section: 

(1)
"Retired assigned judge" is a judge that is described in
division (A) of this section. 

(2)
"Quarter" is the preceding three-month period ending on the