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Section 127.16 | Purchasing by competitive selection.

...(A) Upon the request of either a state agency or the director of budget and management and after the controlling board determines that an emergency or a sufficient economic reason exists, the controlling board may approve the making of a purchase without competitive selection as provided in division (B) of this section. (B) Except as otherwise provided in this section, no state agency, using money that has been ap...

Section 128.01 | Definitions.

...As used in this chapter: (A) "9-1-1 system" means a system through which individuals can request emergency service using the access number 9-1-1. (B) "Basic 9-1-1" means an emergency telephone system to which all of the following apply: (1) The system automatically connects a caller to a designated public safety answering point. (2) Call routing is determined by a central office only. (3) Automatic num...

Section 128.03 | Countywide 9-1-1 system.

...(A) A countywide 9-1-1 system shall include all of the territory of the townships and municipal corporations in the county and any portion of such a municipal corporation that extends into an adjacent county. (B) A countywide 9-1-1 system may be an enhanced or next generation 9-1-1 system, or a combination of the two, and shall be designed to provide access to emergency services from all connected communications s...

Section 128.06 | County 9-1-1 program review committee; final plan for countywide system.

...(A) Except as provided in divisions (B) and (C) of this section, every county shall maintain a county 9-1-1 program review committee, which shall serve without compensation and shall consist of six voting members as follows: (1) A member of the board of county commissioners, or a designee, who shall serve as chairperson of the committee; (2) The chief executive officer of the most populous municipal corporation...

Section 128.35 | [Former R.C. 128.22, amended and renumbered by H.B. 33, 135th General Assembly, effective 10/3/2023] Imposing charges on improved realty to pay for public safety answering points.

...(A)(1) For the purpose of paying the costs of establishing, equipping, and furnishing one or more public safety answering points as part of a countywide 9-1-1 system effective under division (B) of section 128.08 of the Revised Code and paying the expense of administering and enforcing this section, the board of county commissioners of a county, in accordance with this section, may fix and impose, on each lot or parc...

Section 128.37 | [Former R.C. 128.25, amended and renumbered by H.B. 33, 135th General Assembly, effective 10/3/2023] Election on adding monthly charge to telephone bills to fund 9-1-1 system.

...(A) This section applies only to a county that meets both of the following conditions: (1) A final plan for a countywide 9-1-1 system either has not been approved in the county under section 128.08 of the Revised Code or has been approved but has not been put into operation because of a lack of funding; (2) The board of county commissioners, at least once, has submitted to the electors of the county the questio...

Section 128.42 | Next generation 9-1-1 access fee on prepaid wireless service.

...(A) After the expiration of the charge described in division (A)(2) of section 128.40 of the Revised Code, there is imposed, on each retail sale of a prepaid wireless calling service occurring in this state, a next generation 9-1-1 access fee of five-tenths of one per cent of the sale price. (B) For purposes of division (A) of this section, a retail sale occurs in this state if it is effected by the consumer appea...

Section 128.47 | Refunds.

...(A) An entity required to collect a wireless 9-1-1 charge under section 128.40 of the Revised Code or the next generation 9-1-1 access fee under section 128.414 or 128.421 of the Revised Code, a subscriber, or a consumer may apply to the tax commissioner for a refund of charges or fees described in division (B) of this section and of any penalties assessed with respect to such charges. The application shall be made o...

Section 128.96 | [Former R.C. 128.32, amended and renumbered by H.B. 33, 135th General Assembly, effective 10/3/2023] Immunity; prohibited conduct.

...(A)(1) The state, the state highway patrol, a subdivision, or a regional council of governments participating in a 9-1-1 system established under this chapter and any officer, agent, employee, or independent contractor of the state, the state highway patrol, or such a participating subdivision or regional council of governments is not liable in damages in a civil action for injuries, death, or loss to persons or prop...

Section 128.99 | Penalties.

...(A) Whoever violates division (F) of section 128.96 of the Revised Code is guilty of a misdemeanor of the fourth degree. (B) Whoever violates division (G) or (H) of section 128.96 or division (B)(2) of section 128.60 of the Revised Code is guilty of a misdemeanor of the fourth degree on a first offense and a felony of the fifth degree on each subsequent offense. (C) If a wireless service provider, reseller, or ...

Section 129.22 | Semiannual report.

...The commissioners of the sinking fund shall, in order to comply with the requirements of Section 11, Article VIII, Ohio Constitution, semiannually make a full and detailed report of their proceedings to the governor and to the general assembly, to include the following: (A) The principal amount of obligations issued and sold during the semiannual period under authority of Sections 1, 2, and 2a to 2i, inclusive, of A...

Section 1301.202 | Notice; knowledge - UCC 1-202.

...Notice; knowledge [UCC 1-202] (A) Subject to division (F) of this section, a person has "notice" of a fact if the person: (1) Has actual knowledge of it; (2) Has received a notice or notification of it; or (3) From all the facts and circumstances known to the person at the time in question, has reason to know that it exists. (B) "Knowledge" means actual knowledge. "Knows" has a corresponding meaning. (C) "D...

Section 1301.203 | Lease distinguished from security interest - UCC 1-203.

...Lease distinguished from security interest [UCC 1-203] (A) Whether a transaction in the form of a lease creates a lease or security interest is determined by the facts of each case. (B) A transaction in the form of a lease creates a security interest if the consideration that the lessee is to pay the lessor for the right to possession and use of the goods is an obligation for the term of the lease and is not...

Section 1301.303 | Course of performance, course of dealing, and usage of trade - UCC 1-303.

...Course of performance, course of dealing, and usage of trade [UCC 1-303] (A) A "course of performance" is a sequence of conduct between the parties to a particular transaction that exists if: (1) The agreement of the parties with respect to the transaction involves repeated occasions for performance by a party; and (2) The other party, with knowledge of the nature of the performance and opportunity for objec...

Section 1302.12 | Modification, rescission, and waiver - UCC 2-209.

...(A) An agreement modifying a contract within sections 1302.01 to 1302.98, inclusive, of the Revised Code, needs no consideration to be binding. (B) A signed agreement which excludes modification or rescission except by a signed writing cannot be otherwise modified or rescinded, but except as between merchants such a requirement on a form supplied by the merchant must be separately signed by the other party. (C) The...

Section 1302.13 | Delegation of performance - assignment of rights - UCC 2-210.

...(A) A party may perform the party's duty through a delegate unless otherwise agreed or unless the other party has a substantial interest in having the original promisor perform or control the acts required by the contract. No delegation of performance relieves the party delegating of any duty to perform or any liability for breach. (B)(1) Except as otherwise provided in section 1309.406 of the Revised Code, unless...

Section 1302.77 | Seller's remedies in general - UCC 2-703.

...Where the buyer wrongfully rejects or revokes acceptance of goods or fails to make a payment due on or before delivery or repudiates with respect to a part or the whole, then with respect to any goods directly affected and, if the breach is of the whole contract under section 1302.70 of the Revised Code, then also with respect to the whole undelivered balance, the aggrieved seller may: (A) withhold delivery of such ...

Section 1302.80 | Seller's resale including contract for resale - UCC 2-706.

...(A) Under the conditions stated in section 1302.77 of the Revised Code on seller's remedies, the seller may resell the goods concerned or the undelivered balance thereof. Where the resale is made in good faith and in a commercially reasonable manner the seller may recover the difference between the resale price and the contract price together with any incidental damages allowed under section 1302.84 of the Revised Co...

Section 1303.03 | Negotiable instrument - UCC 3-104.

...(A) Except as provided in divisions (C) and (D) of this section, "negotiable instrument" means an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it meets all of the following requirements: (1) It is payable to bearer or to order at the time it is issued or first comes into possession of a holder. (2) It is payable on dem...

Section 1303.26 | Restrictive indorsement - UCC 3-206.

...(A) An indorsement limiting payment to a particular person or otherwise prohibiting further transfer or negotiation of the instrument is not effective to prevent further transfer or negotiation of the instrument. (B) An indorsement stating a condition to the right of the indorsee to receive payment does not affect the right of the indorsee to enforce the instrument. A person paying the instrument or taking it for va...

Section 1303.35 | Defenses and claims in recoupment - UCC 3-305.

...(A) Except as otherwise stated in this section, the right to enforce the obligation of a party to pay an instrument is subject to all of the following: (1) A defense of the obligor based on any of the following: (a) Infancy of the obligor to the extent it is a defense to a simple contract; (b) Duress, lack of legal capacity, or illegality of the transaction that, under other law, nullifies the obligation of the ob...

Section 1303.47 | Employer's responsibility for fraudulent indorsement by employee - UCC 3-405.

...(A) As used in this section: (1) "Employee" includes an independent contractor and an employee of an independent contractor retained by the employer. (2) "Fraudulent indorsement" means either of the following: (a) In the case of an instrument payable to the employer, a forged indorsement purporting to be that of the employer; (b) In the case of an instrument with respect to which the employer is the issuer, a for...

Section 1303.54 | Obligation of drawer - UCC 3-414.

...(A) This section does not apply to cashier's checks or other drafts drawn on the drawer. (B) If an unaccepted draft is dishonored, the drawer is obliged to pay the draft in accordance with either of the following: (1) According to its terms at the time it was issued or, if not issued, at the time it first came into possession of a holder; (2) If the drawer signed an incomplete instrument, according to its terms wh...

Section 1303.57 | Presentment warranties - UCC 3-417.

...(A) If an unaccepted draft is presented to the drawee for payment or acceptance and the drawee pays or accepts the draft, the person obtaining payment or acceptance, at the time of presentment, and a previous transferor of the draft, at the time of transfer, warrant to the drawee making payment or accepting the draft in good faith all of the following: (1) That the warrantor is, or was, at the time the warrantor tra...

Section 1303.59 | Instruments signed for accommodation - UCC 3-419.

...(A) If an instrument is issued for value given for the benefit of a party to the instrument and another party to the instrument signs the instrument for the purpose of incurring liability on the instrument without being a direct beneficiary of the value given for the instrument, the instrument is signed by the accommodation party "for accommodation." (B) An accommodation party may sign the instrument as maker, drawe...