REPRESENTATIVES Roman, Flowers, Schmidt, Wolpert, Carano, Sferra, Distel, Setzer, Otterman, Fessler, Niehaus, Kearns, Aslanides, Schaffer, Buehrer, Hagan, Seitz, Olman, Carmichael, Faber, Collier, Clancy, Evans, Gilb, Lendrum

To amend sections 723.01, 1533.18, 2744.01, 2744.02,

1

2744.03, 2744.04, 2744.05, 2744.06, 2744.07,

2

4582.27, 5511.01, 5591.36, and 5591.37 of the

3

Revised Code to include as governmental functions

4

under the Political Subdivision Sovereign Immunity

5

Law the design, construction, reconstruction,

6

renovation, repair, maintenance, and operation of

7

any school athletic facility, school auditorium, or

8

gymnasium and the designation, establishment,

9

design, construction, implementation, operation,

10

repair, or maintenance of railroad quiet zones; to

11

expand the motor vehicle operation liability of

12

political subdivisions to include liability for

13

harm caused by negligent operation other than upon

14

public roads; to provide a procedure to determine

15

when a political subdivision is obliged to defend

16

an employee during a civil action; to make changes

17

proposed by Am. Sub. H.B. 350 of the 121st General

18

Assembly to the Political Subdivision Sovereign

19

Immunity Law; and to specify that the operation of

20

a snowmobile or all-purpose vehicle is a

21

recreational activity subject to a landowner's

22

immunity from liability for a recreational user's

23

injuries.

24

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

Section 1. That sections 723.01, 1533.18, 2744.01, 2744.02,	25
2744.03, 2744.04, 2744.05, 2744.06, 2744.07, 4582.27, 5511.01,	26
5591.36, and 5591.37 of the Revised Code be amended to read as	27
follows:	28

Sec. 723.01.  Municipal corporations shall have special power	29
to regulate the use of the streets. Except as provided in section	30
5501.49 of the Revised Code, the legislative authority of a	31
municipal corporation shall have the care, supervision, and	32
control of the public highways, streets, avenues, alleys,	33
sidewalks, public grounds, bridges, aqueducts, and viaducts within	34
the municipal corporation, and the municipal corporation shall	35
cause them to be kept open, in repair, and free from nuisance. The	36
liability or immunity from liability of a municipal corporation	37
for injury, death, or loss to person or property allegedly caused	38
by a failure to perform the responsibilities imposed by this	39
section shall be determined pursuant to divisions (A) and (B)(3)	40
of section 2744.02 of the Revised Code.	41

Sec. 1533.18.  As used in sections 1533.18 and 1533.181 of	42
the Revised Code:	43

(A) "Premises" means all privately-owned lands, ways, and	44
waters, and any buildings and structures thereon, and all	45
state-owned lands, ways, and waters leased to a private person,	46
firm, or organization, or corporation, including any buildings and	47
structures thereon.	48

(B) "Recreational user" means a person to whom permission	49
has been granted, without the payment of a fee or consideration to	50
the owner, lessee, or occupant of premises, other than a fee or	51
consideration paid to the state or any agency thereofof the	52
state, to enter upon premises to hunt, fish, trap, camp, hike,	53
swim, operate a snowmobile or all-purpose vehicle, or engage in	54
other recreational pursuits.	55

(C) "All-purpose vehicle" has the same meaning as in	56
section 4519.01 of the Revised Code.	57

Sec. 2744.01.  As used in this chapter:

58

(A) "Emergency call" means a call to duty, including, but not	59
limited to, communications from citizens, police dispatches, and	60
personal observations by peace officers of inherently dangerous	61
situations that demand an immediate response on the part of a	62
peace officer.	63

(B) "Employee" means an officer, agent, employee, or servant,	64
whether or not compensated or full-time or part-time, who is	65
authorized to act and is acting within the scope of the officer's,	66
agent's, employee's, or servant's employment for a political	67
subdivision. "Employee" does not include an independent contractor	68
and does not include any individual engaged by a school district	69
pursuant to section 3319.301 of the Revised Code. "Employee"	70
includes any elected or appointed official of a political	71
subdivision. "Employee" also includes a person who has been	72
convicted of or pleaded guilty to a criminal offense and who has	73
been sentenced to perform community service work in a political	74
subdivision whether pursuant to section 2951.02 of the Revised	75
Code or otherwise, and a child who is found to be a delinquent	76
child and who is ordered by a juvenile court pursuant to section	77
2152.19 or 2152.20 of the Revised Code to perform community	78
service or community work in a political subdivision.	79

(C)(1) "Governmental function" means a function of a	80
political subdivision that is specified in division (C)(2) of this	81
section or that satisfies any of the following:	82

(a) A function that is imposed upon the state as an	83
obligation of sovereignty and that is performed by a political	84
subdivision voluntarily or pursuant to legislative requirement;	85

(b) A function that is for the common good of all citizens	86
of the state;	87

(c) A function that promotes or preserves the public peace,	88
health, safety, or welfare; that involves activities that are not	89
engaged in or not customarily engaged in by nongovernmental	90
persons; and that is not specified in division (G)(2) of this	91
section as a proprietary function.	92

(2) A "governmental function" includes, but is not limited	93
to, the following:	94

(a) The provision or nonprovision of police, fire, emergency	95
medical, ambulance, and rescue services or protection;	96

(b) The power to preserve the peace; to prevent and suppress	97
riots, disturbances, and disorderly assemblages; to prevent,	98
mitigate, and clean up releases of oil and hazardous and extremely	99
hazardous substances as defined in section 3750.01 of the Revised	100
Code; and to protect persons and property;	101

(c) The provision of a system of public education;

102

(d) The provision of a free public library system;

103

(e) The regulation of the use of, and the maintenance and	104
repair of, roads, highways, streets, avenues, alleys, sidewalks,	105
bridges, aqueducts, viaducts, and public grounds;	106

(f) Judicial, quasi-judicial, prosecutorial, legislative,	107
and quasi-legislative functions;	108

(g) The construction, reconstruction, repair, renovation,	109
maintenance, and operation of buildings that are used in	110
connection with the performance of a governmental function,	111
including, but not limited to, office buildings and courthouses;	112

(h) The design, construction, reconstruction, renovation,	113
repair, maintenance, and operation of jails, places of juvenile	114
detention, workhouses, or any other detention facility, as defined	115
in section 2921.01 of the Revised Code;	116

(i) The enforcement or nonperformance of any law;

117

(j) The regulation of traffic, and the erection or	118
nonerection of traffic signs, signals, or control devices;	119

(k) The collection and disposal of solid wastes, as defined	120
in section 3734.01 of the Revised Code, including, but not limited	121
to, the operation of solid waste disposal facilities, as	122
"facilities" is defined in that section, and the collection and	123
management of hazardous waste generated by households. As used in	124
division (C)(2)(k) of this section, "hazardous waste generated by	125
households" means solid waste originally generated by individual	126
households that is listed specifically as hazardous waste in or	127
exhibits one or more characteristics of hazardous waste as defined	128
by rules adopted under section 3734.12 of the Revised Code, but	129
that is excluded from regulation as a hazardous waste by those	130
rules.	131

(l) The provision or nonprovision, planning or design,	132
construction, or reconstruction of a public improvement,	133
including, but not limited to, a sewer system;	134

(m) The operation of a job and family services department	135
or agency, including, but not limited to, the provision of	136
assistance to aged and infirm persons and to persons who are	137
indigent;	138

(n) The operation of a health board, department, or agency,	139
including, but not limited to, any statutorily required or	140
permissive program for the provision of immunizations or other	141
inoculations to all or some members of the public, provided that a	142
"governmental function" does not include the supply, manufacture,	143
distribution, or development of any drug or vaccine employed in	144
any such immunization or inoculation program by any supplier,	145
manufacturer, distributor, or developer of the drug or vaccine;	146

(o) The operation of mental health facilities, mental	147
retardation or developmental disabilities facilities, alcohol	148
treatment and control centers, and children's homes or agencies;	149

(p) The provision or nonprovision of inspection services of	150
all types, including, but not limited to, inspections in	151
connection with building, zoning, sanitation, fire, plumbing, and	152
electrical codes, and the taking of actions in connection with	153
those types of codes, including, but not limited to, the approval	154
of plans for the construction of buildings or structures and the	155
issuance or revocation of building permits or stop work orders in	156
connection with buildings or structures;	157

(q) Urban renewal projects and the elimination of slum	158
conditions;	159

(r) Flood control measures;

160

(s) The design, construction, reconstruction, renovation,	161
operation, care, repair, and maintenance of a township cemetery;	162

(t) The issuance of revenue obligations under section 140.06	163
of the Revised Code;	164

(u) The design, construction, reconstruction, renovation,	165
repair, maintenance, and operation of any school athletic	166
facility, school auditorium, or gymnasium or any recreational area	167
or facility, including, but not limited to, any of the following:	168

(i) A park, playground, or playfield;

169

(ii) An indoor recreational facility;

170

(iii) A zoo or zoological park;

171

(iv) A bath, swimming pool, pond, water park, wading pool,	172
wave pool, water slide, or other type of aquatic facility;	173

(v) A golf course;

174

(vi) A bicycle motocross facility or other type of	175
recreational area or facility in which bicycling, skating, skate	176
boarding, or scooter riding is engaged;	177

(vii) A rope course or climbing walls;

178

(viii) An all-purpose vehicle facility in which all-purpose	179
vehicles, as defined in section 4519.01 of the Revised Code, are	180
contained, maintained, or operated for recreational activities.	181

(v) The provision of public defender services by a county or	182
joint county public defender's office pursuant to Chapter 120. of	183
the Revised Code;	184

(w)(i) At any time before regulations prescribed pursuant to	185
49 U.S.C.A 20153 become effective, the designation, establishment,	186
design, construction, implementation, operation, repair, or	187
maintenance of a public road rail crossing in a zone within a	188
municipal corporation in which, by ordinance, the legislative	189
authority of the municipal corporation regulates the sounding of	190
locomotive horns, whistles, or bells;	191

(ii) On and after the effective date of regulations	192
prescribed pursuant to 49 U.S.C.A. 20153, the designation,	193
establishment, design, construction, implementation, operation,	194
repair, or maintenance of a public road rail crossing in such a	195
zone or of a supplementary safety measure, as defined in 49	196
U.S.C.A 20153, at or for a public road rail crossing, if and to	197
the extent that the public road rail crossing is excepted,	198
pursuant to subsection (c) of that section, from the requirement	199
of the regulations prescribed under subsection (b) of that	200
section.	201

(x) A function that the general assembly mandates a political	202
subdivision to perform.	203

(D) "Law" means any provision of the constitution, statutes,	204
or rules of the United States or of this state; provisions of	205
charters, ordinances, resolutions, and rules of political	206
subdivisions; and written policies adopted by boards of education.	207
When used in connection with the "common law," this definition	208
does not apply.	209

(E) "Motor vehicle" has the same meaning as in section	210
4511.01 of the Revised Code.	211

(F) "Political subdivision" or "subdivision" means a	212
municipal corporation, township, county, school district, or other	213
body corporate and politic responsible for governmental activities	214
in a geographic area smaller than that of the state. "Political	215
subdivision" includes, but is not limited to, a county hospital	216
commission appointed under section 339.14 of the Revised Code,	217
regional planning commission created pursuant to section 713.21 of	218
the Revised Code, county planning commission created pursuant to	219
section 713.22 of the Revised Code, joint planning council created	220
pursuant to section 713.231 of the Revised Code, interstate	221
regional planning commission created pursuant to section 713.30 of	222
the Revised Code, port authority created pursuant to section	223
4582.02 or 4582.26 of the Revised Code or in existence on December	224
16, 1964, regional council established by political subdivisions	225
pursuant to Chapter 167. of the Revised Code, emergency planning	226
district and joint emergency planning district designated under	227
section 3750.03 of the Revised Code, joint emergency medical	228
services district created pursuant to section 307.052 of the	229
Revised Code, fire and ambulance district created pursuant to	230
section 505.375 of the Revised Code, joint interstate emergency	231
planning district established by an agreement entered into under	232
that section, county solid waste management district and joint	233
solid waste management district established under section 343.01	234
or 343.012 of the Revised Code, and community school established	235
under Chapter 3314. of the Revised Code.	236

(G)(1) "Proprietary function" means a function of a political	237
subdivision that is specified in division (G)(2) of this section	238
or that satisfies both of the following:	239

(a) The function is not one described in division (C)(1)(a)	240
or (b) of this section and is not one specified in division (C)(2)	241
of this section;	242

(b) The function is one that promotes or preserves the	243
public peace, health, safety, or welfare and that involves	244
activities that are customarily engaged in by nongovernmental	245
persons.	246

(2) A "proprietary function" includes, but is not limited	247
to, the following:	248

(a) The operation of a hospital by one or more political	249
subdivisions;	250

(b) The design, construction, reconstruction, renovation,	251
repair, maintenance, and operation of a public cemetery other than	252
a township cemetery;	253

(c) The establishment, maintenance, and operation of a	254
utility, including, but not limited to, a light, gas, power, or	255
heat plant, a railroad, a busline or other transit company, an	256
airport, and a municipal corporation water supply system;	257

(d) The maintenance, destruction, operation, and upkeep of a	258
sewer system;	259

(e) The operation and control of a public stadium,	260
auditorium, civic or social center, exhibition hall, arts and	261
crafts center, band or orchestra, or off-street parking facility.	262

(H) "Public roads" means public roads, highways, streets,	263
avenues, alleys, and bridges within a political subdivision.	264
"Public roads" does not include berms, shoulders, rights-of-way,	265
or traffic control devices unless the traffic control devices are	266
mandated by the Ohio manual of uniform traffic control devices.	267

(I) "State" means the state of Ohio, including, but not	268
limited to, the general assembly, the supreme court, the offices	269
of all elected state officers, and all departments, boards,	270
offices, commissions, agencies, colleges and universities,	271
institutions, and other instrumentalities of the state of Ohio.	272
"State" does not include political subdivisions.	273

Sec. 2744.02.  (A)(1) For the purposes of this chapter, the	274
functions of political subdivisions are hereby classified as	275
governmental functions and proprietary functions. Except as	276
provided in division (B) of this section, a political subdivision	277
is not liable in damages in a civil action for injury, death, or	278
loss to person or property allegedly caused by any act or omission	279
of the political subdivision or an employee of the political	280
subdivision in connection with a governmental or proprietary	281
function.	282

(2) Subject to statutory limitations upon their monetary	283
jurisdiction, the courts of common pleas, the municipal courts,	284
and the county courts have jurisdiction to hear and determine	285
civil actions governed by or brought pursuant to this chapter.	286

(B) Subject to sections 2744.03 and 2744.05 of the Revised	287
Code, a political subdivision is liable in damages in a civil	288
action for injury, death, or loss to person or property allegedly	289
caused by an act or omission of the political subdivision or of	290
any of its employees in connection with a governmental or	291
proprietary function, as follows:	292

(1) Except as otherwise provided in this division, political	293
subdivisions are liable for injury, death, or loss to person or	294
property caused by the negligent operation of any motor vehicle by	295
their employees upon the public roads, highways, or streets when	296
the employees are engaged within the scope of their employment and	297
authority. The following are full defenses to that liability:	298

(a) A member of a municipal corporation police department or	299
any other police agency was operating a motor vehicle while	300
responding to an emergency call and the operation of the vehicle	301
did not constitute willful or wanton misconduct;	302

(b) A member of a municipal corporation fire department or	303
any other firefighting agency was operating a motor vehicle while	304
engaged in duty at a fire, proceeding toward a place where a fire	305
is in progress or is believed to be in progress, or answering any	306
other emergency alarm and the operation of the vehicle did not	307
constitute willful or wanton misconduct;	308

(c) A member of an emergency medical service owned or	309
operated by a political subdivision was operating a motor vehicle	310
while responding to or completing a call for emergency medical	311
care or treatment, the member was holding a valid commercial	312
driver's license issued pursuant to Chapter 4506. or a driver's	313
license issued pursuant to Chapter 4507. of the Revised Code, the	314
operation of the vehicle did not constitute willful or wanton	315
misconduct, and the operation complies with the precautions of	316
section 4511.03 of the Revised Code.	317

(2) Except as otherwise provided in sections 3314.07 and	318
3746.24 of the Revised Code, political subdivisions are liable for	319
injury, death, or loss to person or property caused by the	320
negligent performance of acts by their employees with respect to	321
proprietary functions of the political subdivisions.	322

(3) Except as otherwise provided in section 3746.24 of the	323
Revised Code, political subdivisions are liable for injury, death,	324
or loss to person or property caused by their negligent failure	325
to keep public roads, highways, streets, avenues, alleys,	326
sidewalks, bridges, aqueducts, viaducts, or public grounds within	327
the political subdivisions open, in repair, and free from nuisance	328
and other negligent failure to remove obstructions from public	329
roads, except that it is a full defense to that liability, when a	330
bridge within a municipal corporation is involved, that the	331
municipal corporation does not have the responsibility for	332
maintaining or inspecting the bridge.	333

(4) Except as otherwise provided in section 3746.24 of the	334
Revised Code, political subdivisions are liable for injury, death,	335
or loss to person or property that is caused by the negligence of	336
their employees and that occurs within or on the grounds of, and	337
is due to physical defects within or on the grounds of, buildings	338
that are used in connection with the performance of a governmental	339
function, including, but not limited to, office buildings and	340
courthouses, but not including jails, places of juvenile	341
detention, workhouses, or any other detention facility, as defined	342
in section 2921.01 of the Revised Code.	343

(5) In addition to the circumstances described in divisions	344
(B)(1) to (4) of this section, a political subdivision is liable	345
for injury, death, or loss to person or property when civil	346
liability is expressly imposed upon the political subdivision by a	347
section of the Revised Code, including, but not limited to,	348
sections 2743.02 and 5591.37 of the Revised Code. LiabilityCivil	349
liability shall not be construed to exist under another section of	350
the Revised Code merely because that section imposes a	351
responsibility is imposedor mandatory duty upon a political	352
subdivision or,because that section provides for a criminal	353
penalty, because of a general authorization in that section that a	354
political subdivision may sue and be sued, or because that section	355
uses the term "shall" in a provision pertaining to a political	356
subdivision.	357

(C) An order that denies a political subdivision or an	358
employee of a political subdivision the benefit of an alleged	359
immunity from liability as provided in this chapter or any other	360
provision of the law is a final order.	361

Sec. 2744.03.  (A) In a civil action brought against a	362
political subdivision or an employee of a political subdivision to	363
recover damages for injury, death, or loss to personsperson or	364
property allegedly caused by any act or omission in connection	365
with a governmental or proprietary function, the following	366
defenses or immunities may be asserted to establish nonliability:	367

(1) The political subdivision is immune from liability if	368
the employee involved was engaged in the performance of a	369
judicial, quasi-judicial, prosecutorial, legislative, or	370
quasi-legislative function.	371

(2) The political subdivision is immune from liability if	372
the conduct of the employee involved, other than negligent	373
conduct, that gave rise to the claim of liability was required by	374
law or authorized by law, or if the conduct of the employee	375
involved that gave rise to the claim of liability was necessary or	376
essential to the exercise of powers of the political subdivision	377
or employee.	378

(3) The political subdivision is immune from liability if	379
the action or failure to act by the employee involved that gave	380
rise to the claim of liability was within the discretion of the	381
employee with respect to policy-making, planning, or enforcement	382
powers by virtue of the duties and responsibilities of the office	383
or position of the employee.	384

(4) The political subdivision is immune from liability if	385
the action or failure to act by the political subdivision or	386
employee involved that gave rise to the claim of liability	387
resulted in injury or death to a person who had been convicted of	388
or pleaded guilty to a criminal offense and who, at the time of	389
the injury or death, was serving any portion of the person's	390
sentence by performing community service work for or in the	391
political subdivision whether pursuant to section 2951.02 of the	392
Revised Code or otherwise, or resulted in injury or death to a	393
child who was found to be a delinquent child and who, at the time	394
of the injury or death, was performing community service or	395
community work for or in a political subdivision in accordance	396
with the order of a juvenile court entered pursuant to section	397
2152.19 or 2152.20 of the Revised Code, and if, at the time of the	398
person's or child's injury or death, the person or child was	399
covered for purposes of Chapter 4123. of the Revised Code in	400
connection with the community service or community work for or in	401
the political subdivision.	402

(5) The political subdivision is immune from liability if	403
the injury, death, or loss to personsperson or property resulted	404
from the exercise of judgment or discretion in determining whether	405
to acquire, or how to use, equipment, supplies, materials,	406
personnel, facilities, and other resources unless the judgment or	407
discretion was exercised with malicious purpose, in bad faith, or	408
in a wanton or reckless manner.	409

(6) In addition to any immunity or defense referred to in	410
division (A)(7) of this section and in circumstances not covered	411
by that division or sections 3314.07 and 3746.24 of the Revised	412
Code, the employee is immune from liability unless one of the	413
following applies:	414

(a) The employee's acts or omissions were manifestly outside	415
the scope of the employee's employment or official	416
responsibilities;	417

(b) The employee's acts or omissions were with malicious	418
purpose, in bad faith, or in a wanton or reckless manner;	419

(c) LiabilityCivil liability is expressly imposed upon the	420
employee by a section of the Revised Code. Civil liability shall	421
not be construed to exist under another section of the Revised	422
Code merely because that section imposes a responsibility or	423
mandatory duty upon an employee, because that section provides for	424
a criminal penalty, because of a general authorization in that	425
section that an employee may sue and be sued, or because the	426
section uses the term "shall" in a provision pertaining to an	427
employee.	428

(7) The political subdivision, and an employee who is a	429
county prosecuting attorney, city director of law, village	430
solicitor, or similar chief legal officer of a political	431
subdivision, an assistant of any such person, or a judge of a	432
court of this state is entitled to any defense or immunity	433
available at common law or established by the Revised Code.	434

(B) Any immunity or defense conferred upon, or referred to	435
in connection with, an employee by division (A)(6) or (7) of this	436
section does not affect or limit any liability of a political	437
subdivision for an act or omission of the employee as provided in	438
section 2744.02 of the Revised Code.	439

Sec. 2744.04.  (A) An action against a political subdivision	440
to recover damages for injury, death, or loss to personsperson or	441
property allegedly caused by any act or omission in connection	442
with a governmental or proprietary function, whether brought as an	443
original action, cross-claim, counterclaim, third-party claim, or	444
claim for subrogation, shall be brought within two years after the	445
cause of action aroseaccrues, or within any applicable shorter	446
period of time for bringing the action provided by the Revised	447
Code. The period of limitation contained in this division shall be	448
tolled pursuant to section 2305.16 of the Revised Code. This	449
division applies to actions brought against political subdivisions	450
by all persons, governmental entities, and the state.	451

(B) In the complaint filed in a civil action against a	452
political subdivision or an employee of a political subdivision to	453
recover damages for injury, death, or loss to personsperson or	454
property allegedly caused by an act or omission in connection with	455
a governmental or proprietary function, whether filed in an	456
original action, cross-claim, counterclaim, third-party claim, or	457
claim for subrogation, the complainant shall include a demand for	458
a judgment for the damages that the judge in a nonjury trial or	459
the jury in a jury trial finds that the complainant is entitled to	460
be awarded, but shall not specify in that demand any monetary	461
amount for damages sought.	462

Sec. 2744.05.  Notwithstanding any other provisions of the	463
Revised Code or rules of a court to the contrary, in an action	464
against a political subdivision to recover damages for injury,	465
death, or loss to person or property caused by an act or omission	466
in connection with a governmental or proprietary function:	467

(A) Punitive or exemplary damages shall not be awarded.

468

(B)(1) If a claimant receives or is entitled to receive	469
benefits for injuries or loss allegedly incurred from a policy or	470
policies of insurance or any other source, the benefits shall be	471
disclosed to the court, and the amount of the benefits shall be	472
deducted from any award against a political subdivision recovered	473
by that claimant. No insurer or other person is entitled to bring	474
an action under a subrogation provision in an insurance or other	475
contract against a political subdivision with respect to those	476
benefits.	477

The amount of the benefits shall be deducted from an award	478
against a political subdivision under division (B)(1) of this	479
section regardless of whether the claimant may be under an	480
obligation to pay back the benefits upon recovery, in whole or in	481
part, for the claim. A claimant whose benefits have been deducted	482
from an award under division (B)(1) of this section is not	483
considered fully compensated and shall not be required to	484
reimburse a subrogated claim for benefits deducted from an award	485
pursuant to division (B)(1) of this section.	486

(2) Nothing in this division (B)(1) of this section shall be	487
construed to do either of the following:	488

(1)(a) Limit the rights of a beneficiary under a life	489
insurance policy or the rights of sureties under fidelity or	490
surety bonds;	491

(2)(b) Prohibit the department of job and family services	492
from recovering from the political subdivision, pursuant to	493
section 5101.58 of the Revised Code, the cost of medical	494
assistance benefits provided under Chapter 5107., 5111., or 5115.	495
of the Revised Code.	496

(C)(1) There shall not be any limitation on compensatory	497
damages that represent the actual loss of the person who is	498
awarded the damages. However, except in wrongful death actions	499
brought pursuant to Chapter 2125. of the Revised Code, damages	500
that arise from the same cause of action, transaction or	501
occurrence, or series of transactions or occurrences and that do	502
not represent the actual loss of the person who is awarded the	503
damages shall not exceed two hundred fifty thousand dollars in	504
favor of any one person. The limitation on damages that do not	505
represent the actual loss of the person who is awarded the damages	506
provided in this division does not apply to court costs that are	507
awarded to a plaintiff, or to interest on a judgment rendered in	508
favor of a plaintiff, in an action against a political	509
subdivision.	510

(2) As used in this division, "the actual loss of the person	511
who is awarded the damages" includes all of the following:	512

(a) All wages, salaries, or other compensation lost by the	513
person injured as a result of the injury, including wages,	514
salaries, or other compensation lost as of the date of a judgment	515
and future expected lost earnings of the person injured;	516

(b) All expenditures of the person injured or another person	517
on behalf of the person injured for medical care or treatment, for	518
rehabilitation services, or for other care, treatment, services,	519
products, or accommodations that were necessary because of the	520
injury;	521

(c) All expenditures to be incurred in the future, as	522
determined by the court, by the person injured or another person	523
on behalf of the person injured for medical care or treatment, for	524
rehabilitation services, or for other care, treatment, services,	525
products, or accommodations that will be necessary because of the	526
injury;	527

(d) All expenditures of a person whose property was injured	528
or destroyed or of another person on behalf of the person whose	529
property was injured or destroyed in order to repair or replace	530
the property that was injured or destroyed;	531

(e) All expenditures of the person injured or of the person	532
whose property was injured or destroyed or of another person on	533
behalf of the person injured or of the person whose property was	534
injured or destroyed in relation to the actual preparation or	535
presentation of the claim involved;	536

(f) Any other expenditures of the person injured or of the	537
person whose property was injured or destroyed or of another	538
person on behalf of the person injured or of the person whose	539
property was injured or destroyed that the court determines	540
represent an actual loss experienced because of the personal or	541
property injury or property loss.	542

"The actual loss of the person who is awarded the damages"	543
does not include any fees paid or owed to an attorney for any	544
services rendered in relation to a personal or property injury or	545
property loss, and does not include any damages awarded for pain	546
and suffering, for the loss of society, consortium, companionship,	547
care, assistance, attention, protection, advice, guidance,	548
counsel, instruction, training, or education of the person	549
injured, for mental anguish, or for any other intangible loss.	550

Sec. 2744.06.  (A) Real or personal property, and moneys,	551
accounts, deposits, or investments of a political subdivision are	552
not subject to execution, judicial sale, garnishment, or	553
attachment to satisfy a judgment rendered against a political	554
subdivision in a civil action to recover damages for injury,	555
death, or loss to person or property caused by an act or omission	556
of the political subdivision or any of its employees in connection	557
with a governmental or proprietary function. SuchThose judgments	558
shall be paid from funds of the political subdivisions that have	559
been appropriated for that purpose, but, if sufficient funds are	560
not currently appropriated for the payment of judgments, the	561
fiscal officer of a political subdivision shall certify the amount	562
of any unpaid judgments to the taxing authority of the political	563
subdivision for inclusion in the next succeeding budget and annual	564
appropriation measure and payment in the next succeeding fiscal	565
year as provided by section 5705.08 of the Revised Code, unless	566
any such judgment is to be paid from the proceeds of bonds issued	567
pursuant to section 133.14 of the Revised Code or pursuant to	568
annual installments authorized by division (B) or (C) of this	569
section.	570

(B)(1)(a) As used in this division, "the actual loss of the	571
person who is awarded the damages" includes all of the following:	572

(i) All wages, salaries, or other compensation lost by the	573
person injured as a result of the injury, as of the date of the	574
judgment;	575

(ii) All expenditures of the person injured or of another	576
person on behalf of the person injured for medical care or	577
treatment, for rehabilitation services, or for other care,	578
treatment, services, products, or accommodations that were	579
necessary because of the injury;	580

(iii) All expenditures of a person whose property was	581
injured or destroyed or of another person on behalf of the person	582
whose property was injured or destroyed in order to repair or	583
replace the property that was injured or destroyed;	584

(iv) All expenditures of the person injured or whose	585
property was injured or destroyed or of another person on behalf	586
of the person injured or whose property was injured or destroyed	587
in relation to the actual preparation or presentation of the	588
person's claim;	589

(v) Any other expenditures of the person injured or whose	590
property was injured or destroyed or of another person on behalf	591
of the person injured or whose property was injured or destroyed	592
that the court determines represent an actual loss experienced	593
because of the personal or property injury or property loss.	594

(b) As used in this division, "the actual loss of the person	595
who is awarded the damages" does not include any of the following:	596

(i) Wages, salaries, or other compensation lost by the	597
person injured as a result of the injury, that are future expected	598
earnings of such athat person;	599

(ii) Expenditures to be incurred in the future, as	600
determined by the court, by the person injured or by another	601
person on behalf of the person injured for medical care or	602
treatment, for rehabilitation services, or for other care,	603
treatment, services, products, or accommodations that will be	604
necessary because of the injury;	605

(iii) Any fees paid or owed to an attorney for any services	606
rendered in relation to a personal or property injury or property	607
loss;	608

(iv) Any damages awarded for pain and suffering, for the	609
loss of society, consortium, companionship, care, assistance,	610
attention, protection, advice, guidance, counsel, instruction,	611
training, or education of the person injured, for mental anguish,	612
or for any other intangible loss.	613

(2) Except as specifically provided to the contrary in this	614
division, a court that renders a judgment against a political	615
subdivision as described in division (A) of this section and that	616
is not in favor of the state may authorize the political	617
subdivision, upon the motion of the political subdivision, to pay	618
the judgment or a specified portion of the judgment in annual	619
installments over a period not to exceed ten years, subject to the	620
payment of interest at the rate specified in division (A) of	621
section 1343.03 of the Revised Code. A court shall not authorize	622
the payment in installments under this division of any portion of	623
a judgment or entire judgment that represents the actual loss of	624
the person who is awarded the damages.	625

Additionally, a court shall not authorize the payment in	626
installments under this division of any portion of a judgment or	627
entire judgment that does not represent the actual loss of the	628
person who is awarded the damages unless the court, after	629
balancing the interests of the political subdivision and of the	630
person in whose favor the judgment was rendered, determines that	631
installment payments would be appropriate under the circumstances	632
and would not be unjust to the person in whose favor the judgment	633
was rendered. If a court makes such athat determination, it	634
shall fix the amount of the installment payments in such a manner	635
as to achievethat achieves for the person in whose favor the	636
judgment was rendered, the same economic result over the period as	637
that person would have received if the judgment or portion of the	638
judgment subject to the installment payments had been paid in a	639
lump sum payment.	640

(C) At the option of a political subdivision, a judgment as	641
described in division (A) of this section and that is rendered in	642
favor of the state may be paid in equal annual installments over a	643
period not to exceed ten years, without the payment of interest.	644

Sec. 2744.07.  (A)(1) Except as otherwise provided in this	645
division, a political subdivision shall provide for the defense of	646
an employee, in any state or federal court, in any civil action or	647
proceeding to recoverwhich contains an allegation for damages for	648
injury, death, or loss to personsperson or property allegedly	649
caused by an act or omission of the employee in connection with a	650
governmental or proprietary function. The political subdivision	651
has the duty to defend the employee if the act or omission	652
occurred or is alleged to have occurred while the employee was	653
acting both in good faith and not manifestly outside the scope of	654
his employment or official responsibilities. Amounts expended by	655
a political subdivision in the defense of its employees shall be	656
from funds appropriated for this purpose or from proceeds of	657
insurance. The duty to provide for the defense of an employee	658
specified in this division does not apply in a civil action or	659
proceeding that is commenced by or on behalf of a political	660
subdivision.	661

(2) Except as otherwise provided in this division, a	662
political subdivision shall indemnify and hold harmless an	663
employee in the amount of any judgment, other than a judgment for	664
punitive or exemplary damages, that is obtained against the	665
employee in a state or federal court or as a result of a law of a	666
foreign jurisdiction and that is for damages for injury, death, or	667
loss to personsperson or property caused by an act or omission in	668
connection with a governmental or proprietary function, if at the	669
time of the act or omission the employee was acting in good faith	670
and within the scope of his employment or official	671
responsibilities.	672

(B)(1) A political subdivision may enter into a consent	673
judgment or settlement and may secure releases from liability for	674
itself or an employee, with respect to any claim for injury,	675
death, or loss to personsperson or property caused by an act or	676
omission in connection with a governmental or proprietary	677
function.	678

(2) No action or appeal of any kind shall be brought by any	679
person, including any employee or a taxpayer, with respect to the	680
decision of a political subdivision pursuant to division (B)(1) of	681
this section whether to enter into a consent judgment or	682
settlement or to secure releases, or concerning the amount and	683
circumstances of a consent judgment or settlement. Amounts	684
expended for any settlement shall be from funds appropriated for	685
this purpose.	686

(C) If a political subdivision refuses to provide an	687
employee with a defense in a civil action or proceeding as	688
described in division (A)(1) of this section, the employee may	689
file, in the court of common pleas of the county in which the	690
political subdivision is located, an action seeking a	691
determination as to the appropriateness of the refusal of the	692
political subdivision to providehim with a defense under that	693
division.upon the motion of the political subdivision, the court	694
shall conduct a hearing regarding the political subdivision's duty	695
to defend the employee in that civil action. The political	696
subdivision shall file the motion within thirty days of the close	697
of discovery in the action. After the motion is filed, the	698
employee shall have not less than thirty days to respond to the	699
motion.	700

At the request of the political subdivision or the employee,	701
the court shall order the motion to be heard at an oral hearing.	702
At the hearing on the motion, the court shall consider all	703
evidence and arguments submitted by the parties. In determining	704
whether a political subdivision has a duty to defend the employee	705
in the action, the court shall determine whether the employee was	706
acting both in good faith and not manifestly outside the scope of	707
employment or official responsibilities. The pleadings shall not	708
be determinative of whether the employee acted in good faith or	709
was manifestly outside the scope of employment or official	710
responsibilities.	711

If the court determines that the employee was acting both in	712
good faith and not manifestly outside the scope of employment or	713
official responsibilities, the court shall order the political	714
subdivision to defend the employee in the action.	715

Sec. 4582.27. (A) A port authority created in accordance	717
with section 4582.22 of the Revised Code shall be governed by a	718
board of directors. Members of a board of directors of a port	719
authority created by the exclusive action of a municipal	720
corporation shall consist of the number of members it considers	721
necessary and shall be appointed by the mayor with the advice and	722
consent of the council. Members of a board of directors of a port	723
authority created by the exclusive action of a township shall	724
consist of such members as it considers necessary and shall be	725
appointed by the township trustees of the township. Members of a	726
board of directors of a port authority created by the exclusive	727
action of a county shall consist of such members as it considers	728
necessary and shall be appointed by the board of county	729
commissioners of the county. Members of a board of directors of a	730
port authority created by a combination of political subdivisions	731
shall be divided among the political subdivisions in such	732
proportions as the political subdivisions may agree and shall be	733
appointed by the participating political subdivisions in the same	734
manner as this section provides for the appointment of members by	735
a political subdivision creating its own port authority. If a	736
participating political subdivision is not authorized by section	737
4582.22 of the Revised Code to create its own port authority, the	738
political subdivision's elected legislative body, if the political	739
subdivision has an elected legislative body, or the political	740
subdivision's elected official or officials who appoint the	741
legislative body of the political subdivision shall appoint the	742
members of a board of directors of a port authority that are to be	743
appointed by that political subdivision. If the electors of a	744
participating political subdivision do not elect either the	745
legislative body of the political subdivision or the official or	746
officials who appoint the legislative body of the political	747
subdivision, the participating political subdivision may not	748
appoint any member of a board of directors of a port authority.	749
When a port authority is created by a combination of political	750
subdivisions, the number of directors comprising the board shall	751
be determined by agreement between the political subdivisions,	752
which number may be changed from time to time by amendment of the	753
agreement. The appointing body may at any time remove a director	754
appointed by it for misfeasance, nonfeasance, or malfeasance in	755
office.	756

A majority of the directors shall have been qualified	757
electors of, or shall have had their businesses or places of	758
employment in, one or more political subdivisions within the area	759
of the jurisdiction of the port authority, for a period of at	760
least three years next preceding their appointment.	761

The directors of any port authority first appointed shall	762
serve staggered terms. Thereafter each successor shall serve for	763
a term of four years, except that any person appointed to fill a	764
vacancy shall be appointed to only the unexpired term and any	765
director is eligible for reappointment.	766

The board of directors by rule may provide for the removal of	767
a director who fails to attend three consecutive regular meetings	768
of the board. If a director is so removed, a successor shall be	769
appointed for the remaining term of the removed director in the	770
same manner provided for the original appointment.	771

The directors shall elect one of their membership as	772
chairperson and another as vice-chairperson, and shall designate	773
their terms of office, and shall appoint a secretary who need not	774
be a director. A majority of the board of directors shall	775
constitute a quorum, the affirmative vote of which shall be	776
necessary for any action taken by the port authority. No vacancy	777
in the membership of the board shall impair the rights of a quorum	778
to exercise all the rights and perform all the duties of the port	779
authority.	780

Each member of the board of directors of a port authority	781
shall be entitled to receive from the port authority such sum of	782
money as the board of directors may determine as compensation for	783
services as director and reimbursement for reasonable expenses in	784
the performance of official duties.	785

(B) Except for civil actions that arise out of the operation	786
of a motor vehicle and civil actions in which the port authority	787
is the plaintiff, no director, officer, or employee of a port	788
authority shall be liable in any civil action that arises under	789
the law of this state for damage or injury caused in the	790
performance of his duties, unless the director's, officer's, or	791
employee's actions were manifestly outside the scope of his	792
employment or official responsibilities, or unless the director,	793
officer, or employee acted with malicious purpose, in bad faith,	794
or in a wanton or reckless manner.	795

This division does not eliminate, limit, or reduce any	796
immunity from civil liability that is conferred upon a director,	797
officer, or employee by any other provision of the Revised Code or	798
by case law.	799

(C)(1) A port authority shall, except as provided in	800
division (B) of this section, indemnify a director, officer, or	801
employee from liability incurred in the performance of his duties	802
by paying any judgment in, or amount negotiated in settlement of,	803
any civil action arising under federal law, the law of another	804
state, or the law of a foreign jurisdiction. The reasonableness	805
of the amount of any consent judgment or settlement is subject to	806
the review and approval of the board of the port authority. The	807
maximum aggregate amount of indemnification paid directly from	808
funds to or on behalf of any director, officer or employee	809
pursuant to this division shall be one million dollars per	810
occurrence, regardless of the number of persons who suffer damage,	811
injury, or death as a result of the occurrence.	812

(2) A port authority shall not indemnify a director,	813
officer, or employee under any of the following circumstances:	814

(a) To the extent the director, officer, or employee is	815
covered by a policy of insurance for civil liability purchased by	816
the port authority;	817

(b) When the director, officer, or employee acts manifestly	818
outside the scope of his employment or official responsibilities,	819
with malicious purpose, in bad faith, or in a wanton or reckless	820
manner;	821

(c) For any portion of a judgment that represents punitive	822
or exemplary damages;	823

(d) For any portion of a consent judgment or settlement that	824
is unreasonable.	825

(3) The port authority may purchase a policy or policies of	826
insurance on behalf of directors, officers, and employees of the	827
port authority from an insurer or insurers licensed to do business	828
in this state providing coverage for damages in connection with	829
any civil action, demand, or claim against the director, officer,	830
or employee by reason of an act or omission by the director,	831
officer, or employee occurring in the performance of his duties	832
and not coming within the terms of division (C)(2)(b) of this	833
section.	834

(4) This section does not affect either of the following:

835

(a) Any defense that would otherwise be available in an	836
action alleging personal liability of a director, officer, or	837
employee;	838

(b) The operation of section 9.83 of the Revised Code.

839

Sec. 5511.01.  All state highways established by law shall	840
continue to be known as state highways, and the state highway	841
system established by law shall continue to be known as the state	842
highway system.	843

Before establishing any additional highways as part of the	844
state highway system, or making any significant changes in	845
existing highways comprising the system, the director of	846
transportation shall notify the general community of the project	847
and offer an opportunity for appropriate public involvement in the	848
project process.	849

The opportunity for public involvement shall satisfy the	850
requirements of the "National Environmental Policy Act of 1969,"	851
83 Stat. 852, 42 U.S.C.A. 4321 et seq., as amended, and may	852
consist of activities including public meetings or hearings, small	853
group meetings with local officials, individual meetings, news	854
releases, public notices, workshops, newsletters, electronic	855
communications, radio announcements, mail notification, and other	856
activities considered appropriate for the exchange of information.	857
The director or the director's designee shall provide the public	858
involvement activities in each of the counties in which the	859
highway proposed to be established is to be located or in which it	860
is proposed to make suchthose changes.	861

Any changes made in existing highways by the director or any	862
additional highways established by the director following the	863
public involvement activities shall be certified to the following	864
authorities interested thereinin them: the legislative authority	865
of municipalities, the board of county commissioners, the board of	866
township trustees, the municipal, county, and regional planning	867
commissions, and the municipal, township, or county officer	868
authorized to issue land use or building permits. Before any	869
zoning change or subdivision plat is approved and before any	870
permit for land use or the erection, alteration, or moving of a	871
building is granted affecting any land within three hundred feet	872
of the center line of a proposed new highway or highway for which	873
changes are proposed, as described in the certification by the	874
director, or within a radius of five hundred feet from the point	875
of intersection of that center line with any public road or	876
highway, the authority authorized to approve the zoning change or	877
subdivision plat or the authority authorized to grant the permit	878
for land use or the erection, alteration, or moving of the	879
building shall give notice, by certified mail, to the director,	880
and shall not approve a zoning change or subdivision plat or grant	881
a permit for land use or the erection, alteration, or moving of a	882
building for one hundred twenty days from date notice is received	883
by the director. During the one hundred twenty-day period and any	884
extension of it as may be agreed to between the director and any	885
property owner, notice of which has been given to the authority to	886
which the application has been made, the director shall proceed to	887
acquire any land needed by purchase or gift, or by initiating	888
proceedings to appropriate, or make a finding that acquisition at	889
such time is not in the public interest. Upon purchase,	890
initiation of appropriation proceedings, or a finding that	891
acquisition is not in the public interest, the director shall	892
notify the authority from which notice was received of that	893
action. Upon being notified that the director has purchased or	894
initiated proceedings to appropriate the land that authority shall	895
refuse to rezone land or to approve any subdivision plat that	896
includes the land which the director has purchased or has	897
initiated proceedings to appropriate, and that authority shall	898
refuse to grant a permit for land use or the erection, alteration,	899
or moving of a building on the land which the director has	900
purchased or initiated proceedings to appropriate. Upon	901
notification that the director has found acquisition at that time	902
not to be in the public interest, or upon the expiration of the	903
one hundred twenty-day period or any extension thereofof it, if	904
no notice has been received from the director, that authority	905
shall proceed in accordance with law.	906

A report of the change or addition shall be filed in the	907
office of the director, and the report of the director making the	908
change or establishing the highway shall be placed on file in the	909
office of the department of transportation.	910

In no event shall the total mileage of the state highway	911
system be increased under this section to exceed two hundred miles	912
in one year.	913

The director, upon petition of the boards of the counties	914
traversed therebyby a highway or of citizens of suchthose	915
counties, may officially assign to a highway of the state highway	916
system a distinctive name, commemorative of a historical event or	917
personage, or officially assign theretoto a highway of the state	918
highway system a commonly accepted and appropriate name by which	919
the highway is known.	920

The director may, upon giving appropriate notice and offering	921
the opportunity for public involvement and comment, abandon a	922
highway on the state highway system or part thereofof such a	923
highway which the director determines is of minor importance or	924
which traverses territory adequately served by another state	925
highway, and the abandoned highway shall revert to a county or	926
township road or municipal street. A report covering suchthat	927
action shall be filed in the office of the director, and the	928
director shall certify the action to the board of the county in	929
which the highway or portion thereofof the highway so abandoned	930
is situated.	931

The director shall make a map showing thereon, by appropriate	932
numbering or other designation, all the state highways. The map	933
shall be kept on file in the director's office, and the director	934
shall cause the samemap to be corrected and revised to show all	935
changes and additions to the date of suchthe correction. A copy	936
of the map, certified by the director as a correct copy of the map	937
on file in the director's office, shall be admissible as evidence	938
in any court to prove the existence and location of the several	939
highways and roads of the state highway system.	940

The state highway routes into or through municipal	941
corporations, as designated or indicated by state highway route	942
markers erected thereonon the routes, are state highways and a	943
part of the state highway system. The director may erect state	944
highway route markers and such other signs directing traffic as	945
the director thinks proper upon those portions of the state	946
highway system lying within municipal corporations, and the	947
consent of the municipal corporations to suchthat erection and	948
marking shall not be necessary. However, the director may erect	949
traffic signs in villages in accordance with section 5521.01 of	950
the Revised Code. No change in the route of any highway through a	951
municipal corporation shall be made except after providing public	952
involvement activities.	953

Except as provided in sections 5501.49 and 5517.04 of the	954
Revised Code, no duty of constructing, reconstructing,	955
maintaining, and repairing such state highways within municipal	956
corporations shall attach to or rest upon the director. The	957
director may enter upon such state highways within any municipal	958
corporation and construct, reconstruct, widen, improve, maintain,	959
and repair them, provided the municipal corporation first consents	960
thereto by resolution of its legislative authority, except that	961
the director need not obtain the consent of the municipal	962
corporation if the existing highway being changed or the location	963
of an additional highway being established was not within the	964
corporate limits of the municipal corporation at the time suchthe	965
establishment or change is approved by the director, or if the	966
director is acting pursuant to section 5501.49 of the Revised	967
Code.	968

The director shall place in the files of the department a	969
record of the routes of all such state highways within municipal	970
corporations, and shall cause them to be corrected and revised to	971
show all changes and additions to the date of the correction. A	972
copy of the record or any pertinent part thereofof it, certified	973
by the director to be a true and correct copy, shall be admissible	974
in evidence in any court of the state for the purpose of proving	975
the existence and location of any state highway within a municipal	976
corporation.	977

When the director proposes to change an existing state	978
highway and there exists upon the highway a separated railroad	979
crossing, the director shall mail to the interested railroad	980
company a copy of the notice, which shall be mailed by first-class	981
mail, postage prepaid, and certified with return receipt	982
requested, at least two weeks before the time fixed for any	983
public involvement activity. When the director proposes to change	984
an existing state highway within a municipal corporation, the	985
director shall mail to the mayor or other chief executive officer	986
of the municipal corporation a copy of the notice, which shall be	987
mailed by first-class mail, postage prepaid, and certified with	988
return receipt requested, at least two weeks before the time fixed	989
for any public involvement activity.	990

Nothing in this section shall be construed to require	991
providing public involvement activities before the construction,	992
reconstruction, maintenance, improvement, or widening of an	993
existing highway where no relocation is involved.	994

With the exception of the authority conferred upon the	995
director by this section, to erect state highway route markers and	996
signs directing traffic, and by section 5501.49 of the Revised	997
Code, Chapters 5501., 5503., 5511., 5513., 5515., 5516., 5517.,	998
5519., 5521., 5523., 5525., 5527., 5528., 5529., 5531., 5533., and	999
5535. of the Revised Code, shall not in any way modify, limit, or	1000
restrict the authority conferred by section 723.01 of the Revised	1001
Code upon municipal corporations to regulate the use of streets	1002
and to have the care, supervision, and control of the public	1003
highways, streets, avenues, alleys, sidewalks, public grounds,	1004
bridges, aqueducts, and viaducts within the municipal corporations	1005
and, or the liability imposed upon municipal corporations by	1006
division (B)(3) of section 2744.02 of the Revised Code for	1007
negligent failure to keep them, subject to division (B)(3) of	1008
section 2744.02 of the Revised Code, open,public roads in repair,	1009
and free from nuisanceother negligent failure to remove	1010
obstructions from public roads.	1011

Sec. 5591.36.  The board of county commissioners shall erect	1012
and maintain on county roads, where not already done, one or more	1013
guardrails on each end of a county bridge, viaduct, or culvert	1014
more than five feet high and on each side of every approach to a	1015
county bridge, viaduct, or culvert, if the approach or embankment	1016
is more than six feet high. The board also shall also protect, by	1017
suitable guardrails, all perpendicular wash banksembankments with	1018
a rise of more than eight feet in height and with a downward slope	1019
of greater than seventy degrees, where such banksthe embankments	1020
have an immediate connection with a public highway other than	1021
state highways, or are adjacent thereto in an unprotected	1022
conditioncounty road.	1023

It shall be a sufficient compliance with this section, if the	1024
board causes to be erected and maintained a good stockproof hedge	1025
fence where a quardrail is required. Such guardrails or hedge	1026
fences shall be erected in a substantial manner, having sufficient	1027
strength to protect life and property, theThe expense thereof to	1028
for a guardrail required under this section shall be paid out of	1029
the county bridge fund.	1030

Sec. 5591.37. FailureNegligent failure to comply with	1031
section 5591.36 of the Revised Code shall render the county liable	1032
for all accidents or damages as a result of suchresulting from	1033
that failure.	1034

Section 2. That existing sections 723.01, 1533.18, 2744.01,	1035
2744.02, 2744.03, 2744.04, 2744.05, 2744.06, 2744.07, 4582.27,	1036
5511.01, 5591.36, and 5591.37 of the Revised Code are hereby	1037
repealed.	1038

Section 3. Sections 723.01, 1533.18, 2744.01, 2744.02,	1039
2744.03, 2744.04, 2744.05, 2744.06, 2744.07, 4582.27, 5511.01,	1040
5591.36, and 5591.37 of the Revised Code, as amended by this act,	1041
apply only to causes of action that accrue on or after the	1042
effective date of this act. Any cause of action that accrues prior	1043
to the effective date of this act is governed by the law in effect	1044
when the cause of action accrued.	1045

Section 4. Section 2744.01 of the Revised Code is presented	1046
in this act as a composite of the section as amended by both Sub.	1047
S.B. 24 and Sub. S.B. 108 of the 124th General Assembly. The	1048
General Assembly, applying the principle stated in division (B) of	1049
section 1.52 of the Revised Code that amendments are to be	1050
harmonized if reasonably capable of simultaneous operation, finds	1051
that the composite is the resulting version of the section in	1052
effect prior to the effective date of the section as presented in	1053
this act.	1054