As Reported by the Senate Judiciary Committee 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 523 5
1997-1998 6
REPRESENTATIVES SALERNO-BRITTON-CAREY-CORBIN-GARCIA-GARDNER-JONES- 8
MOTTLEY-PRINGLE-SULZER-TAYLOR-THOMAS-WILLIAMS-WOMER BENJAMIN- 9
MASON-BATCHELDER-SUTTON-FORD-WILLAMOWSKI-KRUPINSKI-COLONNA- 10
REID-WISE-METZGER-TIBERI-MYERS-BRADING-HOUSEHOLDER-JOHNSON- 11
LEWIS-PRENTISS-VERICH-PATTON-OPFER-O'BRIEN-OLMAN-HARRIS- 12
GRENDELL-MOTTL-CORE-BENDER-BOYD-HEALY-VESPER-TAVARES- 13
ROBERTS-HAINES-METELSKY-DAMSCHRODER-YOUNG-MILLER- 14
SENATORS J. JOHNSON-OELSLAGER-B. JOHNSON 15
17
A B I L L
To amend sections 2743.51, 2743.56, and 2743.62 of 19
the Revised Code to increase the amount of 20
recoverable funeral expenses under the Crime
Victims Reparations Law, to revise the 21
information an applicant must submit in an 23
application for a reparations award under that 24
Law, and to provide that confidential information
obtained by the Court of Claims or Attorney 25
General under that Law remains confidential while
in the Court's or Attorney General's possession. 26
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 28
Section 1. That sections 2743.51, 2743.56, and 2743.62 of 30
the Revised Code be amended to read as follows: 31
Sec. 2743.51. As used in sections 2743.51 to 2743.72 of 41
the Revised Code: 42
(A) "Claimant" means both of the following categories of 44
persons: 45
(1) Any of the following persons who claim an award of 47
reparations under sections 2743.51 to 2743.72 of the Revised 48
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Code: 49
(a) A victim who was one of the following at the time of 51
the criminally injurious conduct: 52
(i) A resident of the United States; 54
(ii) A resident of a foreign country the laws of which 56
permit residents of this state to recover compensation as victims 57
of offenses committed in that country. 58
(b) A dependent of a deceased victim who is described in 60
division (A)(1)(a) of this section; 61
(c) A third person, other than a collateral source, who 63
legally assumes or voluntarily pays the obligations of a victim, 64
or of a dependent of a victim, who is described in division 65
(A)(1)(a) of this section, which obligations are incurred as a 66
result of the criminally injurious conduct that is the subject of 67
the claim and may include, but are not limited to, medical or 68
burial expenses; 69
(d) A person who is authorized to act on behalf of any 71
person who is described in division (A)(1)(a), (b), or (c) of 72
this section. 73
(2) Any of the following persons who claim an award of 75
reparations under sections 2743.51 to 2743.72 of the Revised 76
Code: 77
(a) A victim who had a permanent place of residence within 79
this state at the time of the criminally injurious conduct and 80
who, at the time of the criminally injurious conduct, complied 81
with any one of the following: 82
(i) Had a permanent place of employment in this state; 84
(ii) Was a member of the regular armed forces of the 86
United States or of the United States coast guard or was a 87
full-time member of the Ohio organized militia or of the United 88
States army reserve, naval reserve, or air force reserve; 89
(iii) Was retired and receiving social security or any 91
other retirement income; 92
(iv) Was sixty years of age or older; 94
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(v) Was temporarily in another state for the purpose of 96
receiving medical treatment; 97
(vi) Was temporarily in another state for the purpose of 99
performing employment-related duties required by an employer 100
located within this state as an express condition of employment 101
or employee benefits; 102
(vii) Was temporarily in another state for the purpose of 104
receiving occupational, vocational, or other job-related training 105
or instruction required by an employer located within this state 106
as an express condition of employment or employee benefits; 107
(viii) Was a full-time student at an academic institution, 109
college, or university located in another state; 110
(ix) Had not departed the geographical boundaries of this 112
state for a period exceeding thirty days or with the intention of 113
becoming a citizen of another state or establishing a permanent 114
place of residence in another state. 115
(b) A dependent of a deceased victim who is described in 117
division (A)(2)(a) of this section; 118
(c) A third person, other than a collateral source, who 120
legally assumes or voluntarily pays the obligations of a victim, 121
or of a dependent of a victim, who is described in division 122
(A)(2)(a) of this section, which obligations are incurred as a 123
result of the criminally injurious conduct that is the subject of 124
the claim and may include, but are not limited to, medical or 125
burial expenses; 126
(d) A person who is authorized to act on behalf of any 128
person who is described in division (A)(2)(a), (b), or (c) of 129
this section. 130
(B) "Collateral source" means a source of benefits or 132
advantages for economic loss otherwise reparable that the victim 133
or claimant has received, or that is readily available to the 134
victim or claimant, from any of the following sources: 135
(1) The offender; 137
(2) The government of the United States or any of its 139
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agencies, a state or any of its political subdivisions, or an 140
instrumentality of two or more states, unless the law providing 141
for the benefits or advantages makes them excess or secondary to 142
benefits under sections 2743.51 to 2743.72 of the Revised Code; 143
(3) Social security, medicare, and medicaid; 145
(4) State-required, temporary, nonoccupational disability 147
insurance; 148
(5) Workers' compensation; 150
(6) Wage continuation programs of any employer; 152
(7) Proceeds of a contract of insurance payable to the 154
victim for loss that the victim sustained because of the 155
criminally injurious conduct; 157
(8) A contract providing prepaid hospital and other health 159
care services, or benefits for disability; 160
(9) That portion of the proceeds of all contracts of 162
insurance payable to the claimant on account of the death of the 163
victim that exceeds fifty thousand dollars; 164
(10) Any compensation recovered or recoverable under the 166
laws of another state, district, territory, or foreign country 167
because the victim was the victim of an offense committed in that 168
state, district, territory, or country. 169
"Collateral source" does not include any money, or the 171
monetary value of any property, that is subject to sections 172
2969.01 to 2969.06 of the Revised Code. 173
(C) "Criminally injurious conduct" means one of the 175
following: 176
(1) For the purposes of any person described in division 178
(A)(1) of this section, any conduct that occurs or is attempted 179
in this state; poses a substantial threat of personal injury or 180
death; and is punishable by fine, imprisonment, or death, or 181
would be so punishable but for the fact that the person engaging 182
in the conduct lacked capacity to commit the crime under the laws 183
of this state. Criminally injurious conduct does not include 184
conduct arising out of the ownership, maintenance, or use of a 185
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motor vehicle, except when any of the following applies: 186
(a) The person engaging in the conduct intended to cause 188
personal injury or death; 189
(b) The person engaging in the conduct was using the 191
vehicle to flee immediately after committing a felony or an act 192
that would constitute a felony but for the fact that the person 193
engaging in the conduct lacked the capacity to commit the felony 194
under the laws of this state; 195
(c) The person engaging in the conduct was using the 197
vehicle in a manner that constitutes an OMVI violation; 198
(d) The conduct occurred on or after July 25, 1990, and 200
the person engaging in the conduct was using the vehicle in a 201
manner that constitutes a violation of section 2903.08 of the 202
Revised Code. 203
(2) For the purposes of any person described in division 205
(A)(2) of this section, any conduct that occurs or is attempted 206
in another state, district, territory, or foreign country; poses 207
a substantial threat of personal injury or death; and is 208
punishable by fine, imprisonment, or death, or would be so 209
punishable but for the fact that the person engaging in the 210
conduct lacked capacity to commit the crime under the laws of the 211
state, district, territory, or foreign country in which the 212
conduct occurred or was attempted. Criminally injurious conduct 213
does not include conduct arising out of the ownership, 214
maintenance, or use of a motor vehicle, except when any of the 215
following applies: 216
(a) The person engaging in the conduct intended to cause 218
personal injury or death; 219
(b) The person engaging in the conduct was using the 221
vehicle to flee immediately after committing a felony or an act 222
that would constitute a felony but for the fact that the person 223
engaging in the conduct lacked the capacity to commit the felony 224
under the laws of the state, district, territory, or foreign 225
country in which the conduct occurred or was attempted; 226
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(c) The person engaging in the conduct was using the 228
vehicle in a manner that constitutes an OMVI violation; 229
(d) The conduct occurred on or after July 25, 1990, the 231
person engaging in the conduct was using the vehicle in a manner 232
that constitutes a violation of any law of the state, district, 233
territory, or foreign country in which the conduct occurred, and 234
that law is substantially similar to a violation of section 235
2903.08 of the Revised Code. 236
(3) For the purposes of any person described in division 238
(A)(1) or (2) of this section, terrorism that occurs within or 239
outside the territorial jurisdiction of the United States. 240
(D) "Dependent" means an individual wholly or partially 242
dependent upon the victim for care and support, and includes a 243
child of the victim born after the victim's death. 244
(E) "Economic loss" means economic detriment consisting 246
only of allowable expense, work loss, funeral expense, 247
unemployment benefits loss, and replacement services loss. If 248
criminally injurious conduct causes death, economic loss includes 249
a dependent's economic loss and a dependent's replacement 250
services loss. Noneconomic detriment is not economic loss; 251
however, economic loss may be caused by pain and suffering or 252
physical impairment. 253
(F) "Allowable expense" means reasonable charges incurred 255
for reasonably needed products, services, and accommodations, 256
including those for medical care, rehabilitation, rehabilitative 257
occupational training, and other remedial treatment and care and 258
including replacement costs for eyeglasses and other corrective 259
lenses. It does not include that portion of a charge for a room 260
in a hospital, clinic, convalescent home, nursing home, or any 261
other institution engaged in providing nursing care and related 262
services in excess of a reasonable and customary charge for 263
semiprivate accommodations, unless accommodations other than 264
semiprivate accommodations are medically required. 265
(G) "Work loss" means loss of income from work that the 267
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injured person would have performed if the person had not been 269
injured and expenses reasonably incurred by the person to obtain 270
services in lieu of those the person would have performed for 272
income, reduced by any income from substitute work actually 274
performed by the person, or by income the person would have 276
earned in available appropriate substitute work that the person 278
was capable of performing but unreasonably failed to undertake. 280
(H) "Replacement services loss" means expenses reasonably 282
incurred in obtaining ordinary and necessary services in lieu of 283
those the injured person would have performed, not for income, 284
but for the benefit of the person's self or family, if the person 286
had not been injured. 287
(I) "Dependent's economic loss" means loss after a 289
victim's death of contributions of things of economic value to 290
the victim's dependents, not including services they would have 292
received from the victim if the victim had not suffered the fatal 293
injury, less expenses of the dependents avoided by reason of the 294
victim's death. If a minor child of a victim is adopted after 295
the victim's death, the minor child continues after the adoption 296
to incur a dependent's economic loss as a result of the victim's 297
death. If the surviving spouse of a victim remarries, the 298
surviving spouse continues after the remarriage to incur a
dependent's economic loss as a result of the victim's death. 299
(J) "Dependent's replacement services loss" means loss 301
reasonably incurred by dependents after a victim's death in 302
obtaining ordinary and necessary services in lieu of those the 303
victim would have performed for their benefit if the victim had 305
not suffered the fatal injury, less expenses of the dependents
avoided by reason of the victim's death and not subtracted in 306
calculating the dependent's economic loss. If a minor child of a 307
victim is adopted after the victim's death, the minor child 308
continues after the adoption to incur a dependent's replacement 309
services loss as a result of the victim's death. If the 310
surviving spouse of a victim remarries, the surviving spouse
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continues after the remarriage to incur a dependent's replacement 311
services loss as a result of the victim's death. 312
(K) "Noneconomic detriment" means pain, suffering, 314
inconvenience, physical impairment, or other nonpecuniary damage. 315
(L) "Victim" means a person who suffers personal injury or 317
death as a result of any of the following: 318
(1) Criminally injurious conduct; 320
(2) The good faith effort of any person to prevent 322
criminally injurious conduct; 323
(3) The good faith effort of any person to apprehend a 325
person suspected of engaging in criminally injurious conduct. 326
(M) "Contributory misconduct" means any conduct of the 328
claimant or of the victim through whom the claimant claims an 329
award of reparations that is unlawful or intentionally tortious 330
and that, without regard to the conduct's proximity in time or 331
space to the criminally injurious conduct, has a causal 332
relationship to the criminally injurious conduct that is the 333
basis of the claim. 334
(N) "Funeral expense" means any reasonable charges that 336
are not in excess of two FIVE thousand five hundred dollars PER 338
FUNERAL and that are incurred for expenses directly related to 339
the A victim's funeral, cremation, or burial. 340
(O) "Unemployment benefits loss" means a loss of 342
unemployment benefits pursuant to Chapter 4141. of the Revised 343
Code when the loss arises solely from the inability of a victim 344
to meet the able to work, available for suitable work, or the 345
actively seeking suitable work requirements of division (A)(4)(a) 346
of section 4141.29 of the Revised Code. 347
(P) "OMVI violation" means any of the following: 349
(1) A violation of section 4511.19 of the Revised Code, of 351
any municipal ordinance prohibiting the operation of a vehicle 352
while under the influence of alcohol, a drug of abuse, or alcohol 353
and a drug of abuse, or of any municipal ordinance prohibiting 354
the operation of a vehicle with a prohibited concentration of 355
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alcohol in the blood, breath, or urine; 356
(2) A violation of section 2903.06 of the Revised Code, if 358
the offender was under the influence of alcohol, a drug of abuse, 359
or alcohol and a drug of abuse, at the time of the commission of 360
the offense; 361
(3) A violation of section 2903.07 of the Revised Code or 363
of a municipal ordinance substantially similar to that section, 364
if the offender was under the influence of alcohol, a drug of 365
abuse, or alcohol and a drug of abuse, at the time of the 366
commission of the offense; 367
(4) For purposes of any person described in division 369
(A)(2) of this section, a violation of any law of the state, 370
district, territory, or foreign country in which the criminally 371
injurious conduct occurred, if that law is substantially similar 372
to a violation described in division (P)(1) of this section or if 373
that law is substantially similar to a violation described in 374
division (P)(2) or (3) of this section and the offender was under 375
the influence of alcohol, a drug of abuse, or alcohol and a drug 376
of abuse, at the time of the commission of the offense. 377
(Q) "Pendency of the claim" for an original reparations 379
application or supplemental reparations application means the 380
period of time from the date the criminally injurious conduct 381
upon which the application is based occurred until the date a 382
final order from the court of claims concerning that original 383
reparations application or supplemental reparations application 384
is issued.
(R) "Terrorism" means any activity to which all of the 387
following apply:
(1) The activity involves a violent act or an act that is 389
dangerous to human life. 390
(2) The act described in division (R)(1) of this section 393
is committed within the territorial jurisdiction of the United 395
States and is a violation of the criminal laws of the United 397
States, this state, or any other state or the act described in 399
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division (R)(1) of this section is committed outside the 401
territorial jurisdiction of the United States and would be a 403
violation of the criminal laws of the United States, this state, 406
or any other state if committed within the territorial 407
jurisdiction of the United States. 409
(3) The activity appears to be intended to do any of the 411
following: 412
(a) Intiidate INTIMIDATE or coerce a civilian population; 415
(b) Influence the policy of any government by intimidation 418
or coercion;
(c) Affect the conduct of any government by assassination 421
or kidnapping.
(4) The activity occurs primarily outside the territorial 423
jurisdiction of the United States or transcends the national 426
boundaries of the United States in terms of the means by which 428
the activity is accomplished, the person or persons that the 429
activity appears intended to intimidate or coerce, or the area or 430
locale in which the perpetrator or perpetrators of the activity 431
operate or seek asylum.
(S) "Transcends the national boundaries of the United 434
States" means occurring outside the territorial jurisdiction of 435
the United States in addition to occurring within the territorial 437
jurisdiction of the United States. 438
Sec. 2743.56. (A) A claim for an award of reparations 447
shall be commenced by filing an application for an award of 448
reparations with the clerk of the court of claims or in the court 449
of common pleas pursuant to division (B) of this section. 450
(B) A claimant who files for an award of reparations in a 452
court of common pleas shall file in the court of common pleas of 453
the county of his THE CLAIMANT'S residence or, if he THE CLAIMANT 455
is not a resident of this state, in the court of common pleas of 456
the county in which the criminally injurious conduct that is the 457
basis of the application took place. Each application shall be 458
accompanied by a filing fee of seven dollars and fifty cents 459
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unless waived pursuant to division (B) of section 2743.57 of the 460
Revised Code. The application shall be in a form prescribed by 461
the clerk of the court of claims, and shall contain the following 462
information:
(1) The name and address of the victim of the criminally 464
injurious conduct, the name and address of the claimant, and the 465
relationship of the claimant to the victim; 466
(2) If the victim is deceased, the name and address of 468
each dependent of the victim and the extent to which each is 469
dependent upon the victim for care and support; 470
(3) The nature of the criminally injurious conduct that is 472
the basis for the claim and the date on which the conduct 473
occurred; 474
(4)(3) The law enforcement agency or officer to whom the 476
criminally injurious conduct was reported and the date on which 477
it was reported; 478
(5)(4) The nature and extent of the injuries that the 480
victim sustained from the criminally injurious conduct, the name 481
and address of any person who gave medical treatment to the 482
victim for the injuries, the name and address of any hospital or 483
similar institution where the victim received medical treatment 484
for the injuries, and whether the victim died as a result of the 485
injuries; 486
(6)(5) The TYPE OF economic loss that the victim, a 488
dependent, or the claimant sustained as a result of the 490
criminally injurious conduct; 491
(7) The amount of benefits or advantages that the victim, 493
a dependent, or the claimant has received or is entitled to 494
receive from any collateral source for economic loss that 495
resulted from the criminally injurious conduct and the name of 496
each collateral source; 497
(8)(6) A release authorizing the court of claims, the 499
court of claims commissioners, and the staff of the attorney 500
general to obtain any report, document, or information that 501
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relates to the determination of the claim for an award of 502
reparations that is requested in the application; 503
(9)(7) Any information that the clerk of the court of 505
claims requires and that is reasonably related to an application 506
for an award of reparations. The clerk of the court of claims 507
may require the claimant to submit with the application materials 508
to substantiate the facts that are stated in the application. 509
(C) All applications for an award of reparations shall be 511
filed as follows: 512
(1) If the victim of the criminally injurious conduct was 514
a minor, within two years from the date a complaint, indictment, 515
or information is filed against the alleged offender. This 516
division does not require that a complaint, indictment, or 517
information be filed against an alleged offender in order for an 518
application for an award of reparations to be filed pertaining to 519
a victim who was a minor, and does not affect the provisions of 520
section 2743.64 of the Revised Code. This division applies to 521
all applications for an award of reparations filed on or after 522
March 11, 1987, and to any application for an award of 523
reparations filed before March 11, 1987, for which an award or 524
denial of the claim is not final within the meaning of division 525
(B) of section 2743.61 of the Revised Code. 526
(2) If the victim of the criminally injurious conduct was 528
an adult, within two years after the occurrence of the criminally 529
injurious conduct. 530
Sec. 2743.62. (A) There (1) SUBJECT TO DIVISION (A)(2) 540
OF THIS SECTION, THERE is no privilege, except the privileges 541
arising from the attorney-client relationship, as to
communications or records that are relevant to the physical, 542
mental, or emotional condition of the claimant or victim in a 543
proceeding under sections 2743.51 to 2743.72 of the Revised Code 544
in which that condition is an element. 545
(2)(a) EXCEPT AS SPECIFIED IN DIVISION (A)(2)(b) OF THIS 548
SECTION, ANY RECORD OR REPORT THAT THE COURT OF CLAIMS OR 549
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ATTORNEY GENERAL HAS OBTAINED PRIOR TO, OR OBTAINS ON OR AFTER, 550
THE EFFECTIVE DATE OF THIS AMENDMENT UNDER THE PROVISIONS OF 551
SECTIONS 2743.51 TO 2743.72 OF THE REVISED CODE AND THAT IS 553
CONFIDENTIAL OR OTHERWISE EXEMPT FROM PUBLIC DISCLOSURE UNDER 554
SECTION 149.43 OF THE REVISED CODE WHILE IN THE POSSESSION OF THE 556
CREATOR OF THE RECORD OR REPORT SHALL REMAIN CONFIDENTIAL OR 557
EXEMPT FROM PUBLIC DISCLOSURE UNDER SECTION 149.43 OF THE REVISED 558
CODE WHILE IN THE POSSESSION OF THE COURT OF CLAIMS OR THE 559
ATTORNEY GENERAL.
(b) NOTWITHSTANDING DIVISION (A)(2)(a) OF THIS SECTION, 562
THE COURT OF CLAIMS, CLAIMANT, CLAIMANT'S ATTORNEY, OR ATTORNEY 563
GENERAL MAY DISCLOSE OR REFER TO RECORDS OR REPORTS DESCRIBED IN 564
THAT DIVISION IN ANY HEARING CONDUCTED UNDER SECTIONS 2743.51 TO 565
2743.72 OF THE REVISED CODE OR IN THE COURT'S, CLAIMANT'S, OR 566
ATTORNEY GENERAL'S WRITTEN PLEADINGS, FINDINGS, RECOMMENDATIONS, 567
AND DECISIONS. 568
(B) If the mental, physical, or emotional condition of a 570
victim or claimant is material to a claim for an award of 571
reparations, a single commissioner or a panel of commissioners 572
may order the victim or claimant to submit to a mental or 573
physical examination by a physician or psychologist and may order 575
an autopsy of a deceased victim. The order may be made for good 576
cause shown and upon notice to the person to be examined and to 577
the claimant and the attorney general. The order shall specify 578
the time, place, manner, conditions, and scope of the examination 579
or autopsy and the person by whom it is to be made and shall 580
require the person who performs the examination or autopsy to 581
file with the clerk of the court of claims a detailed written 582
report of the examination or autopsy. The report shall set out 583
the findings, including the results of all tests made, diagnoses, 584
prognoses, and other conclusions and reports of earlier 585
examinations of the same conditions.
(C) On request of the person examined, the clerk of the 587
court of claims shall furnish the person a copy of the report. 588
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If the victim is deceased, the clerk of the court of claims, on 589
request, shall furnish the claimant a copy of the report. 590
(D) A single commissioner or a panel of commissioners may 592
require the claimant to supplement the application for an award 593
of reparations with any reasonably available medical or 594
psychological reports relating to the injury for which the award 595
of reparations is claimed. 596
(E) The court, a single commissioner, a panel of 598
commissioners, or the attorney general, in a claim arising out of 599
a violation of any provision of sections 2907.02 to 2907.07 of 601
the Revised Code, shall not request the victim or the claimant to
supply, or permit any person to supply, any evidence of specific 602
instances of the victim's sexual activity, opinion evidence of 603
the victim's sexual activity, or reputation evidence of the 604
victim's sexual activity unless it involves evidence of the 605
origin of semen, pregnancy, or disease or evidence of the 606
victim's past sexual activity with the offender and only to the 607
extent that the court, the commissioners, or the attorney general 608
finds that the evidence is relevant to a fact at issue in the 609
claim. 610
Section 2. That existing sections 2743.51, 2743.56, and 612
2743.62 of the Revised Code are hereby repealed. 613
Section 3. Section 2743.51 of the Revised Code is 615
presented in this act as a composite of the section as amended by 616
both H.B. 378 and H.B. 471 of the 122nd General Assembly, with 617
the new language of neither of the acts shown in capital letters. 618
This is in recognition of the principle stated in division (B) of 619
section 1.52 of the Revised Code that such amendments are to be 620
harmonized where not substantively irreconcilable and constitutes 621
a legislative finding that such is the resulting version in 622
effect prior to the effective date of this act. 623