As Passed by the Senate

124th General Assembly
Regular Session
2001-2002
Sub. S. B. No. 106


SENATORS Hottinger, Wachtmann, Nein, Johnson



A BILL
To amend sections 723.01, 2744.01, 2744.02, 2744.03,1
2744.04, 2744.05, 2744.06, 2744.07, 4582.27,2
5511.01, 5591.36, and 5591.37 of the Revised Code3
to include as governmental functions under the4
Political Subdivision Sovereign Immunity Law the5
design, construction, reconstruction, renovation,6
repair, maintenance, and operation of any school7
athletic facility, school auditorium, or gymnasium8
and the designation, establishment, design,9
construction, implementation, operation, repair, or10
maintenance of railroad quiet zones; to expand the11
motor vehicle operation liability of political12
subdivisions to include liability for harm caused13
by negligent operation other than upon public14
roads; to limit a political subdivision's15
obligation to defend an employee to acts or16
omissions that occur while the employee is both17
acting in good faith and not manifestly outside the18
scope of employment or official responsibilities;19
to make changes proposed by Am. Sub. H.B. 350 of20
the 121st General Assembly to the Political21
Subdivision Sovereign Immunity Law; and to amend22
sections 2744.01 and 2744.03 of the Revised Code as23
scheduled to take effect on January 1, 2002, to24
continue the amendments of this act on and after25
that date.26


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

       Section 1. That sections 723.01, 2744.01, 2744.02, 2744.03,27
2744.04, 2744.05, 2744.06, 2744.07, 4582.27, 5511.01, 5591.36, and28
5591.37 of the Revised Code be amended to read as follows:29

       Sec. 723.01.  Municipal corporations shall have special power30
to regulate the use of the streets. Except as provided in section31
5501.49 of the Revised Code, the legislative authority of a32
municipal corporation shall have the care, supervision, and33
control of the public highways, streets, avenues, alleys,34
sidewalks, public grounds, bridges, aqueducts, and viaducts within35
the municipal corporation, and the municipal corporation shall36
cause them to be kept open, in repair, and free from nuisance. The37
liability or immunity from liability of a municipal corporation38
for injury, death, or loss to person or property allegedly caused39
by a failure to perform the responsibilities imposed by this40
section shall be determined pursuant to divisions (A) and (B)(3)41
of section 2744.02 of the Revised Code.42

       Sec. 2744.01.  As used in this chapter:43

       (A) "Emergency call" means a call to duty, including, but not44
limited to, communications from citizens, police dispatches, and45
personal observations by peace officers of inherently dangerous46
situations that demand an immediate response on the part of a47
peace officer.48

       (B) "Employee" means an officer, agent, employee, or servant,49
whether or not compensated or full-time or part-time, who is50
authorized to act and is acting within the scope of the officer's,51
agent's, employee's, or servant's employment for a political52
subdivision. "Employee" does not include an independent contractor53
and does not include any individual engaged by a school district54
pursuant to section 3319.301 of the Revised Code. "Employee"55
includes any elected or appointed official of a political56
subdivision. "Employee" also includes a person who has been57
convicted of or pleaded guilty to a criminal offense and who has58
been sentenced to perform community service work in a political59
subdivision whether pursuant to section 2951.02 of the Revised60
Code or otherwise, and a child who is found to be a delinquent61
child and who is ordered by a juvenile court pursuant to section62
2151.355 of the Revised Code to perform community service or63
community work in a political subdivision.64

       (C)(1) "Governmental function" means a function of a65
political subdivision that is specified in division (C)(2) of this66
section or that satisfies any of the following:67

       (a) A function that is imposed upon the state as an68
obligation of sovereignty and that is performed by a political69
subdivision voluntarily or pursuant to legislative requirement;70

       (b) A function that is for the common good of all citizens71
of the state;72

       (c) A function that promotes or preserves the public peace,73
health, safety, or welfare; that involves activities that are not74
engaged in or not customarily engaged in by nongovernmental75
persons; and that is not specified in division (G)(2) of this76
section as a proprietary function.77

       (2) A "governmental function" includes, but is not limited78
to, the following:79

       (a) The provision or nonprovision of police, fire, emergency80
medical, ambulance, and rescue services or protection;81

       (b) The power to preserve the peace; to prevent and suppress82
riots, disturbances, and disorderly assemblages; to prevent,83
mitigate, and clean up releases of oil and hazardous and extremely84
hazardous substances as defined in section 3750.01 of the Revised85
Code; and to protect persons and property;86

       (c) The provision of a system of public education;87

       (d) The provision of a free public library system;88

       (e) The regulation of the use of, and the maintenance and89
repair of, roads, highways, streets, avenues, alleys, sidewalks,90
bridges, aqueducts, viaducts, and public grounds;91

       (f) Judicial, quasi-judicial, prosecutorial, legislative,92
and quasi-legislative functions;93

       (g) The construction, reconstruction, repair, renovation,94
maintenance, and operation of buildings that are used in95
connection with the performance of a governmental function,96
including, but not limited to, office buildings and courthouses;97

       (h) The design, construction, reconstruction, renovation,98
repair, maintenance, and operation of jails, places of juvenile99
detention, workhouses, or any other detention facility, as defined100
in section 2921.01 of the Revised Code;101

       (i) The enforcement or nonperformance of any law;102

       (j) The regulation of traffic, and the erection or103
nonerection of traffic signs, signals, or control devices;104

       (k) The collection and disposal of solid wastes, as defined105
in section 3734.01 of the Revised Code, including, but not limited106
to, the operation of solid waste disposal facilities, as107
"facilities" is defined in that section, and the collection and108
management of hazardous waste generated by households. As used in109
division (C)(2)(k) of this section, "hazardous waste generated by110
households" means solid waste originally generated by individual111
households that is listed specifically as hazardous waste in or112
exhibits one or more characteristics of hazardous waste as defined113
by rules adopted under section 3734.12 of the Revised Code, but114
that is excluded from regulation as a hazardous waste by those115
rules.116

       (l) The provision or nonprovision, planning or design,117
construction, or reconstruction of a public improvement,118
including, but not limited to, a sewer system;119

       (m) The operation of a job and family services department120
or agency, including, but not limited to, the provision of121
assistance to aged and infirm persons and to persons who are122
indigent;123

       (n) The operation of a health board, department, or agency,124
including, but not limited to, any statutorily required or125
permissive program for the provision of immunizations or other126
inoculations to all or some members of the public, provided that a127
"governmental function" does not include the supply, manufacture,128
distribution, or development of any drug or vaccine employed in129
any such immunization or inoculation program by any supplier,130
manufacturer, distributor, or developer of the drug or vaccine;131

       (o) The operation of mental health facilities, mental132
retardation or developmental disabilities facilities, alcohol133
treatment and control centers, and children's homes or agencies;134

       (p) The provision or nonprovision of inspection services of135
all types, including, but not limited to, inspections in136
connection with building, zoning, sanitation, fire, plumbing, and137
electrical codes, and the taking of actions in connection with138
those types of codes, including, but not limited to, the approval139
of plans for the construction of buildings or structures and the140
issuance or revocation of building permits or stop work orders in141
connection with buildings or structures;142

       (q) Urban renewal projects and the elimination of slum143
conditions;144

       (r) Flood control measures;145

       (s) The design, construction, reconstruction, renovation,146
operation, care, repair, and maintenance of a township cemetery;147

       (t) The issuance of revenue obligations under section 140.06148
of the Revised Code;149

       (u) The design, construction, reconstruction, renovation,150
repair, maintenance, and operation of any school athletic151
facility, school auditorium, or gymnasium or any recreational area152
or facility, including, but not limited to, any of the following:153

       (i) A park, playground, or playfield;154

       (ii) An indoor recreational facility;155

       (iii) A zoo or zoological park;156

       (iv) A bath, swimming pool, pond, water park, wading pool,157
wave pool, water slide, or other type of aquatic facility;158

       (v) A golf course;159

       (vi) A bicycle motocross facility or other type of160
recreational area or facility in which bicycling, skating, skate161
boarding, or scooter riding is engaged;162

       (vii) A rope course or climbing walls;163

       (viii) An all-purpose vehicle facility in which all-purpose164
vehicles, as defined in section 4519.01 of the Revised Code, are165
contained, maintained, or operated for recreational activities.166

       (v) The provision of public defender services by a county or167
joint county public defender's office pursuant to Chapter 120. of168
the Revised Code;169

       (w)(i) At any time before regulations prescribed pursuant to170
49 U.S.C.A 20153 become effective, the designation, establishment,171
design, construction, implementation, operation, repair, or172
maintenance of a public road rail crossing in a zone within a173
municipal corporation in which, by ordinance, the legislative174
authority of the municipal corporation regulates the sounding of175
locomotive horns, whistles, or bells; 176

       (ii) On and after the effective date of regulations177
prescribed pursuant to 49 U.S.C.A. 20153, the designation,178
establishment, design, construction, implementation, operation,179
repair, or maintenance of a public road rail crossing in such a180
zone or of a supplementary safety measure, as defined in 49181
U.S.C.A 20153, at or for a public road rail crossing, if and to182
the extent that the public road rail crossing is excepted,183
pursuant to subsection (c) of that section, from the requirement184
of the regulations prescribed under subsection (b) of that185
section. 186

       (x) A function that the general assembly mandates a political187
subdivision to perform.188

       (D) "Law" means any provision of the constitution, statutes,189
or rules of the United States or of this state; provisions of190
charters, ordinances, resolutions, and rules of political191
subdivisions; and written policies adopted by boards of education.192
When used in connection with the "common law," this definition193
does not apply.194

       (E) "Motor vehicle" has the same meaning as in section195
4511.01 of the Revised Code.196

       (F) "Political subdivision" or "subdivision" means a197
municipal corporation, township, county, school district, or other198
body corporate and politic responsible for governmental activities199
in a geographic area smaller than that of the state. "Political200
subdivision" includes, but is not limited to, a county hospital201
commission appointed under section 339.14 of the Revised Code,202
regional planning commission created pursuant to section 713.21 of203
the Revised Code, county planning commission created pursuant to204
section 713.22 of the Revised Code, joint planning council created205
pursuant to section 713.231 of the Revised Code, interstate206
regional planning commission created pursuant to section 713.30 of207
the Revised Code, port authority created pursuant to section208
4582.02 or 4582.26 of the Revised Code or in existence on December209
16, 1964, regional council established by political subdivisions210
pursuant to Chapter 167. of the Revised Code, emergency planning211
district and joint emergency planning district designated under212
section 3750.03 of the Revised Code, joint emergency medical213
services district created pursuant to section 307.052 of the214
Revised Code, fire and ambulance district created pursuant to215
section 505.375 of the Revised Code, joint interstate emergency216
planning district established by an agreement entered into under217
that section, county solid waste management district and joint218
solid waste management district established under section 343.01219
or 343.012 of the Revised Code, and community school established220
under Chapter 3314. of the Revised Code.221

       (G)(1) "Proprietary function" means a function of a political222
subdivision that is specified in division (G)(2) of this section223
or that satisfies both of the following:224

       (a) The function is not one described in division (C)(1)(a)225
or (b) of this section and is not one specified in division (C)(2)226
of this section;227

       (b) The function is one that promotes or preserves the228
public peace, health, safety, or welfare and that involves229
activities that are customarily engaged in by nongovernmental230
persons.231

       (2) A "proprietary function" includes, but is not limited232
to, the following:233

       (a) The operation of a hospital by one or more political234
subdivisions;235

       (b) The design, construction, reconstruction, renovation,236
repair, maintenance, and operation of a public cemetery other than237
a township cemetery;238

       (c) The establishment, maintenance, and operation of a239
utility, including, but not limited to, a light, gas, power, or240
heat plant, a railroad, a busline or other transit company, an241
airport, and a municipal corporation water supply system;242

       (d) The maintenance, destruction, operation, and upkeep of a243
sewer system;244

       (e) The operation and control of a public stadium,245
auditorium, civic or social center, exhibition hall, arts and246
crafts center, band or orchestra, or off-street parking facility.247

       (H) "Public roads" means public roads, highways, streets,248
avenues, alleys, and bridges within a political subdivision.249
"Public roads" does not include berms, shoulders, rights-of-way,250
or traffic control devices unless the traffic control devices are251
mandated by the Ohio manual of uniform traffic control devices.252

       (I) "State" means the state of Ohio, including, but not253
limited to, the general assembly, the supreme court, the offices254
of all elected state officers, and all departments, boards,255
offices, commissions, agencies, colleges and universities,256
institutions, and other instrumentalities of the state of Ohio.257
"State" does not include political subdivisions.258

       Sec. 2744.02.  (A)(1) For the purposes of this chapter, the259
functions of political subdivisions are hereby classified as260
governmental functions and proprietary functions. Except as261
provided in division (B) of this section, a political subdivision262
is not liable in damages in a civil action for injury, death, or263
loss to person or property allegedly caused by any act or omission264
of the political subdivision or an employee of the political265
subdivision in connection with a governmental or proprietary266
function.267

       (2) Subject to statutory limitations upon their monetary268
jurisdiction, the courts of common pleas, the municipal courts,269
and the county courts have jurisdiction to hear and determine270
civil actions governed by or brought pursuant to this chapter.271

       (B) Subject to sections 2744.03 and 2744.05 of the Revised272
Code, a political subdivision is liable in damages in a civil273
action for injury, death, or loss to person or property allegedly274
caused by an act or omission of the political subdivision or of275
any of its employees in connection with a governmental or276
proprietary function, as follows:277

       (1) Except as otherwise provided in this division, political278
subdivisions are liable for injury, death, or loss to person or279
property caused by the negligent operation of any motor vehicle by280
their employees upon the public roads, highways, or streets when281
the employees are engaged within the scope of their employment and282
authority. The following are full defenses to that liability:283

       (a) A member of a municipal corporation police department or284
any other police agency was operating a motor vehicle while285
responding to an emergency call and the operation of the vehicle286
did not constitute willful or wanton misconduct;287

       (b) A member of a municipal corporation fire department or288
any other firefighting agency was operating a motor vehicle while289
engaged in duty at a fire, proceeding toward a place where a fire290
is in progress or is believed to be in progress, or answering any291
other emergency alarm and the operation of the vehicle did not292
constitute willful or wanton misconduct;293

       (c) A member of an emergency medical service owned or294
operated by a political subdivision was operating a motor vehicle295
while responding to or completing a call for emergency medical296
care or treatment, the member was holding a valid commercial297
driver's license issued pursuant to Chapter 4506. or a driver's298
license issued pursuant to Chapter 4507. of the Revised Code, the299
operation of the vehicle did not constitute willful or wanton300
misconduct, and the operation complies with the precautions of301
section 4511.03 of the Revised Code.302

       (2) Except as otherwise provided in sections 3314.07 and303
3746.24 of the Revised Code, political subdivisions are liable for304
injury, death, or loss to person or property caused by the305
negligent performance of acts by their employees with respect to306
proprietary functions of the political subdivisions.307

       (3) Except as otherwise provided in section 3746.24 of the308
Revised Code, political subdivisions are liable for injury, death,309
or loss to person or property caused by their negligent failure310
to keep public roads, highways, streets, avenues, alleys,311
sidewalks, bridges, aqueducts, viaducts, or public grounds within312
the political subdivisions open, in repair, and free from nuisance313
and other negligent failure to remove obstructions from public314
roads, except that it is a full defense to that liability, when a315
bridge within a municipal corporation is involved, that the316
municipal corporation does not have the responsibility for317
maintaining or inspecting the bridge.318

       (4) Except as otherwise provided in section 3746.24 of the319
Revised Code, political subdivisions are liable for injury, death,320
or loss to person or property that is caused by the negligence of321
their employees and that occurs within or on the grounds of, and322
is due to physical defects within or on the grounds of, buildings323
that are used in connection with the performance of a governmental324
function, including, but not limited to, office buildings and325
courthouses, but not including jails, places of juvenile326
detention, workhouses, or any other detention facility, as defined327
in section 2921.01 of the Revised Code.328

       (5) In addition to the circumstances described in divisions329
(B)(1) to (4) of this section, a political subdivision is liable330
for injury, death, or loss to person or property when civil331
liability is expressly imposed upon the political subdivision by a332
section of the Revised Code, including, but not limited to,333
sections 2743.02 and 5591.37 of the Revised Code. LiabilityCivil334
liability shall not be construed to exist under another section of335
the Revised Code merely because that section imposes a336
responsibility is imposedor mandatory duty upon a political337
subdivision or,because that section provides for a criminal338
penalty, because of a general authorization in that section that a339
political subdivision may sue and be sued, or because that section340
uses the term "shall" in a provision pertaining to a political341
subdivision.342

       (C) An order that denies a political subdivision or an343
employee of a political subdivision the benefit of an alleged344
immunity from liability as provided in this chapter or any other345
provision of the law is a final order.346

       Sec. 2744.03.  (A) In a civil action brought against a347
political subdivision or an employee of a political subdivision to348
recover damages for injury, death, or loss to personsperson or349
property allegedly caused by any act or omission in connection350
with a governmental or proprietary function, the following351
defenses or immunities may be asserted to establish nonliability:352

       (1) The political subdivision is immune from liability if353
the employee involved was engaged in the performance of a354
judicial, quasi-judicial, prosecutorial, legislative, or355
quasi-legislative function.356

       (2) The political subdivision is immune from liability if357
the conduct of the employee involved, other than negligent358
conduct, that gave rise to the claim of liability was required by359
law or authorized by law, or if the conduct of the employee360
involved that gave rise to the claim of liability was necessary or361
essential to the exercise of powers of the political subdivision362
or employee.363

       (3) The political subdivision is immune from liability if364
the action or failure to act by the employee involved that gave365
rise to the claim of liability was within the discretion of the366
employee with respect to policy-making, planning, or enforcement367
powers by virtue of the duties and responsibilities of the office368
or position of the employee.369

       (4) The political subdivision is immune from liability if370
the action or failure to act by the political subdivision or371
employee involved that gave rise to the claim of liability372
resulted in injury or death to a person who had been convicted of373
or pleaded guilty to a criminal offense and who, at the time of374
the injury or death, was serving any portion of the person's375
sentence by performing community service work for or in the376
political subdivision whether pursuant to section 2951.02 of the377
Revised Code or otherwise, or resulted in injury or death to a378
child who was found to be a delinquent child and who, at the time379
of the injury or death, was performing community service or380
community work for or in a political subdivision in accordance381
with the order of a juvenile court entered pursuant to section382
2151.355 of the Revised Code, and if, at the time of the person's383
or child's injury or death, the person or child was covered for384
purposes of Chapter 4123. of the Revised Code in connection with385
the community service or community work for or in the political386
subdivision.387

       (5) The political subdivision is immune from liability if388
the injury, death, or loss to personsperson or property resulted389
from the exercise of judgment or discretion in determining whether390
to acquire, or how to use, equipment, supplies, materials,391
personnel, facilities, and other resources unless the judgment or392
discretion was exercised with malicious purpose, in bad faith, or393
in a wanton or reckless manner.394

       (6) In addition to any immunity or defense referred to in395
division (A)(7) of this section and in circumstances not covered396
by that division or sections 3314.07 and 3746.24 of the Revised397
Code, the employee is immune from liability unless one of the398
following applies:399

       (a) The employee's acts or omissions were manifestly outside400
the scope of the employee's employment or official401
responsibilities;402

       (b) The employee's acts or omissions were with malicious403
purpose, in bad faith, or in a wanton or reckless manner;404

       (c) LiabilityCivil liability is expressly imposed upon the405
employee by a section of the Revised Code. Civil liability shall406
not be construed to exist under another section of the Revised407
Code merely because that section imposes a responsibility or408
mandatory duty upon an employee, because that section provides for409
a criminal penalty, because of a general authorization in that410
section that an employee may sue and be sued, or because the411
section uses the term "shall" in a provision pertaining to an412
employee.413

       (7) The political subdivision, and an employee who is a414
county prosecuting attorney, city director of law, village415
solicitor, or similar chief legal officer of a political416
subdivision, an assistant of any such person, or a judge of a417
court of this state is entitled to any defense or immunity418
available at common law or established by the Revised Code.419

       (B) Any immunity or defense conferred upon, or referred to420
in connection with, an employee by division (A)(6) or (7) of this421
section does not affect or limit any liability of a political422
subdivision for an act or omission of the employee as provided in423
section 2744.02 of the Revised Code.424

       Sec. 2744.04.  (A) An action against a political subdivision425
to recover damages for injury, death, or loss to personsperson or426
property allegedly caused by any act or omission in connection427
with a governmental or proprietary function, whether brought as an428
original action, cross-claim, counterclaim, third-party claim, or429
claim for subrogation, shall be brought within two years after the430
cause of action aroseaccrues, or within any applicable shorter431
period of time for bringing the action provided by the Revised432
Code. The period of limitation contained in this division shall be433
tolled pursuant to section 2305.16 of the Revised Code. This434
division applies to actions brought against political subdivisions435
by all persons, governmental entities, and the state.436

       (B) In the complaint filed in a civil action against a437
political subdivision or an employee of a political subdivision to438
recover damages for injury, death, or loss to personsperson or439
property allegedly caused by an act or omission in connection with440
a governmental or proprietary function, whether filed in an441
original action, cross-claim, counterclaim, third-party claim, or442
claim for subrogation, the complainant shall include a demand for443
a judgment for the damages that the judge in a nonjury trial or444
the jury in a jury trial finds that the complainant is entitled to445
be awarded, but shall not specify in that demand any monetary446
amount for damages sought.447

       Sec. 2744.05.  Notwithstanding any other provisions of the448
Revised Code or rules of a court to the contrary, in an action449
against a political subdivision to recover damages for injury,450
death, or loss to person or property caused by an act or omission451
in connection with a governmental or proprietary function:452

       (A) Punitive or exemplary damages shall not be awarded.453

       (B)(1) If a claimant receives or is entitled to receive454
benefits for injuries or loss allegedly incurred from a policy or455
policies of insurance or any other source, the benefits shall be456
disclosed to the court, and the amount of the benefits shall be457
deducted from any award against a political subdivision recovered458
by that claimant. No insurer or other person is entitled to bring459
an action under a subrogation provision in an insurance or other460
contract against a political subdivision with respect to those461
benefits.462

       The amount of the benefits shall be deducted from an award463
against a political subdivision under division (B)(1) of this464
section regardless of whether the claimant may be under an465
obligation to pay back the benefits upon recovery, in whole or in466
part, for the claim. A claimant whose benefits have been deducted467
from an award under division (B)(1) of this section is not468
considered fully compensated and shall not be required to469
reimburse a subrogated claim for benefits deducted from an award470
pursuant to division (B)(1) of this section.471

       (2) Nothing in this division (B)(1) of this section shall be472
construed to do either of the following:473

       (1)(a) Limit the rights of a beneficiary under a life474
insurance policy or the rights of sureties under fidelity or475
surety bonds;476

       (2)(b) Prohibit the department of job and family services477
from recovering from the political subdivision, pursuant to478
section 5101.58 of the Revised Code, the cost of medical479
assistance benefits provided under Chapter 5107., 5111., or 5115.480
of the Revised Code.481

       (C)(1) There shall not be any limitation on compensatory482
damages that represent the actual loss of the person who is483
awarded the damages. However, except in wrongful death actions484
brought pursuant to Chapter 2125. of the Revised Code, damages485
that arise from the same cause of action, transaction or486
occurrence, or series of transactions or occurrences and that do487
not represent the actual loss of the person who is awarded the488
damages shall not exceed two hundred fifty thousand dollars in489
favor of any one person. The limitation on damages that do not490
represent the actual loss of the person who is awarded the damages491
provided in this division does not apply to court costs that are492
awarded to a plaintiff, or to interest on a judgment rendered in493
favor of a plaintiff, in an action against a political494
subdivision.495

       (2) As used in this division, "the actual loss of the person496
who is awarded the damages" includes all of the following:497

       (a) All wages, salaries, or other compensation lost by the498
person injured as a result of the injury, including wages,499
salaries, or other compensation lost as of the date of a judgment500
and future expected lost earnings of the person injured;501

       (b) All expenditures of the person injured or another person502
on behalf of the person injured for medical care or treatment, for503
rehabilitation services, or for other care, treatment, services,504
products, or accommodations that were necessary because of the505
injury;506

       (c) All expenditures to be incurred in the future, as507
determined by the court, by the person injured or another person508
on behalf of the person injured for medical care or treatment, for509
rehabilitation services, or for other care, treatment, services,510
products, or accommodations that will be necessary because of the511
injury;512

       (d) All expenditures of a person whose property was injured513
or destroyed or of another person on behalf of the person whose514
property was injured or destroyed in order to repair or replace515
the property that was injured or destroyed;516

       (e) All expenditures of the person injured or of the person517
whose property was injured or destroyed or of another person on518
behalf of the person injured or of the person whose property was519
injured or destroyed in relation to the actual preparation or520
presentation of the claim involved;521

       (f) Any other expenditures of the person injured or of the522
person whose property was injured or destroyed or of another523
person on behalf of the person injured or of the person whose524
property was injured or destroyed that the court determines525
represent an actual loss experienced because of the personal or526
property injury or property loss.527

       "The actual loss of the person who is awarded the damages"528
does not include any fees paid or owed to an attorney for any529
services rendered in relation to a personal or property injury or530
property loss, and does not include any damages awarded for pain531
and suffering, for the loss of society, consortium, companionship,532
care, assistance, attention, protection, advice, guidance,533
counsel, instruction, training, or education of the person534
injured, for mental anguish, or for any other intangible loss.535

       Sec. 2744.06.  (A) Real or personal property, and moneys,536
accounts, deposits, or investments of a political subdivision are537
not subject to execution, judicial sale, garnishment, or538
attachment to satisfy a judgment rendered against a political539
subdivision in a civil action to recover damages for injury,540
death, or loss to person or property caused by an act or omission541
of the political subdivision or any of its employees in connection542
with a governmental or proprietary function. SuchThose judgments543
shall be paid from funds of the political subdivisions that have544
been appropriated for that purpose, but, if sufficient funds are545
not currently appropriated for the payment of judgments, the546
fiscal officer of a political subdivision shall certify the amount547
of any unpaid judgments to the taxing authority of the political548
subdivision for inclusion in the next succeeding budget and annual549
appropriation measure and payment in the next succeeding fiscal550
year as provided by section 5705.08 of the Revised Code, unless551
any such judgment is to be paid from the proceeds of bonds issued552
pursuant to section 133.14 of the Revised Code or pursuant to553
annual installments authorized by division (B) or (C) of this554
section.555

       (B)(1)(a) As used in this division, "the actual loss of the556
person who is awarded the damages" includes all of the following:557

       (i) All wages, salaries, or other compensation lost by the558
person injured as a result of the injury, as of the date of the559
judgment;560

       (ii) All expenditures of the person injured or of another561
person on behalf of the person injured for medical care or562
treatment, for rehabilitation services, or for other care,563
treatment, services, products, or accommodations that were564
necessary because of the injury;565

       (iii) All expenditures of a person whose property was566
injured or destroyed or of another person on behalf of the person567
whose property was injured or destroyed in order to repair or568
replace the property that was injured or destroyed;569

       (iv) All expenditures of the person injured or whose570
property was injured or destroyed or of another person on behalf571
of the person injured or whose property was injured or destroyed572
in relation to the actual preparation or presentation of the573
person's claim;574

       (v) Any other expenditures of the person injured or whose575
property was injured or destroyed or of another person on behalf576
of the person injured or whose property was injured or destroyed577
that the court determines represent an actual loss experienced578
because of the personal or property injury or property loss.579

       (b) As used in this division, "the actual loss of the person580
who is awarded the damages" does not include any of the following:581

       (i) Wages, salaries, or other compensation lost by the582
person injured as a result of the injury, that are future expected583
earnings of such athat person;584

       (ii) Expenditures to be incurred in the future, as585
determined by the court, by the person injured or by another586
person on behalf of the person injured for medical care or587
treatment, for rehabilitation services, or for other care,588
treatment, services, products, or accommodations that will be589
necessary because of the injury;590

       (iii) Any fees paid or owed to an attorney for any services591
rendered in relation to a personal or property injury or property592
loss;593

       (iv) Any damages awarded for pain and suffering, for the594
loss of society, consortium, companionship, care, assistance,595
attention, protection, advice, guidance, counsel, instruction,596
training, or education of the person injured, for mental anguish,597
or for any other intangible loss.598

       (2) Except as specifically provided to the contrary in this599
division, a court that renders a judgment against a political600
subdivision as described in division (A) of this section and that601
is not in favor of the state may authorize the political602
subdivision, upon the motion of the political subdivision, to pay603
the judgment or a specified portion of the judgment in annual604
installments over a period not to exceed ten years, subject to the605
payment of interest at the rate specified in division (A) of606
section 1343.03 of the Revised Code. A court shall not authorize607
the payment in installments under this division of any portion of608
a judgment or entire judgment that represents the actual loss of609
the person who is awarded the damages.610

       Additionally, a court shall not authorize the payment in611
installments under this division of any portion of a judgment or612
entire judgment that does not represent the actual loss of the613
person who is awarded the damages unless the court, after614
balancing the interests of the political subdivision and of the615
person in whose favor the judgment was rendered, determines that616
installment payments would be appropriate under the circumstances617
and would not be unjust to the person in whose favor the judgment618
was rendered. If a court makes such athat determination, it619
shall fix the amount of the installment payments in such a manner620
as to achievethat achieves for the person in whose favor the621
judgment was rendered, the same economic result over the period as 622
that person would have received if the judgment or portion of the623
judgment subject to the installment payments had been paid in a624
lump sum payment.625

       (C) At the option of a political subdivision, a judgment as626
described in division (A) of this section and that is rendered in627
favor of the state may be paid in equal annual installments over a628
period not to exceed ten years, without the payment of interest.629

       Sec. 2744.07.  (A)(1) Except as otherwise provided in this630
division, a political subdivision shall provide for the defense of631
an employee, in any state or federal court, in any civil action or632
proceeding to recover damages for injury, death, or loss to633
personsperson or property allegedly caused by an act or omission634
of the employee in connection with a governmental or proprietary635
function if the act or omission occurred or is alleged to have636
occurred while the employee was acting both in good faith and not637
manifestly outside the scope of his employment or official638
responsibilities. Amounts expended by a political subdivision in639
the defense of its employees shall be from funds appropriated for640
this purpose or from proceeds of insurance. The duty to provide641
for the defense of an employee specified in this division does not642
apply in a civil action or proceeding that is commenced by or on643
behalf of a political subdivision.644

       (2) Except as otherwise provided in this division, a645
political subdivision shall indemnify and hold harmless an646
employee in the amount of any judgment, other than a judgment for647
punitive or exemplary damages, that is obtained against the648
employee in a state or federal court or as a result of a law of a649
foreign jurisdiction and that is for damages for injury, death, or650
loss to personsperson or property caused by an act or omission in651
connection with a governmental or proprietary function, if at the652
time of the act or omission the employee was acting in good faith653
and within the scope of his employment or official654
responsibilities.655

       (B)(1) A political subdivision may enter into a consent656
judgment or settlement and may secure releases from liability for657
itself or an employee, with respect to any claim for injury,658
death, or loss to personsperson or property caused by an act or659
omission in connection with a governmental or proprietary660
function.661

       (2) No action or appeal of any kind shall be brought by any662
person, including any employee or a taxpayer, with respect to the663
decision of a political subdivision pursuant to division (B)(1) of664
this section whether to enter into a consent judgment or665
settlement or to secure releases, or concerning the amount and666
circumstances of a consent judgment or settlement. Amounts667
expended for any settlement shall be from funds appropriated for668
this purpose.669

       (C) If a political subdivision refuses to provide an670
employee with a defense in a civil action or proceeding as671
described in division (A)(1) of this section, the employee may672
file, in the court of common pleas of the county in which the673
political subdivision is located, an action seeking a674
determination as to the appropriateness of the refusal of the675
political subdivision to provide himthe employee with a defense676
under that division. The court shall determine a refusal to be677
appropriate unless it finds there was an abuse of discretion on678
the part of the political subdivision in acting under that679
division.680

       Sec. 4582.27. (A) A port authority created in accordance681
with section 4582.22 of the Revised Code shall be governed by a682
board of directors. Members of a board of directors of a port683
authority created by the exclusive action of a municipal684
corporation shall consist of the number of members it considers685
necessary and shall be appointed by the mayor with the advice and686
consent of the council. Members of a board of directors of a port687
authority created by the exclusive action of a township shall688
consist of such members as it considers necessary and shall be689
appointed by the township trustees of the township. Members of a690
board of directors of a port authority created by the exclusive691
action of a county shall consist of such members as it considers692
necessary and shall be appointed by the board of county693
commissioners of the county. Members of a board of directors of a694
port authority created by a combination of political subdivisions695
shall be divided among the political subdivisions in such696
proportions as the political subdivisions may agree and shall be697
appointed by the participating political subdivisions in the same698
manner as this section provides for the appointment of members by699
a political subdivision creating its own port authority. If a700
participating political subdivision is not authorized by section701
4582.22 of the Revised Code to create its own port authority, the702
political subdivision's elected legislative body, if the political703
subdivision has an elected legislative body, or the political704
subdivision's elected official or officials who appoint the705
legislative body of the political subdivision shall appoint the706
members of a board of directors of a port authority that are to be707
appointed by that political subdivision. If the electors of a708
participating political subdivision do not elect either the709
legislative body of the political subdivision or the official or710
officials who appoint the legislative body of the political711
subdivision, the participating political subdivision may not712
appoint any member of a board of directors of a port authority.713
When a port authority is created by a combination of political714
subdivisions, the number of directors comprising the board shall715
be determined by agreement between the political subdivisions,716
which number may be changed from time to time by amendment of the717
agreement. The appointing body may at any time remove a director718
appointed by it for misfeasance, nonfeasance, or malfeasance in719
office.720

       A majority of the directors shall have been qualified721
electors of, or shall have had their businesses or places of722
employment in, one or more political subdivisions within the area723
of the jurisdiction of the port authority, for a period of at724
least three years next preceding their appointment.725

       The directors of any port authority first appointed shall726
serve staggered terms. Thereafter each successor shall serve for727
a term of four years, except that any person appointed to fill a728
vacancy shall be appointed to only the unexpired term and any729
director is eligible for reappointment.730

       The board of directors by rule may provide for the removal of731
a director who fails to attend three consecutive regular meetings732
of the board. If a director is so removed, a successor shall be733
appointed for the remaining term of the removed director in the734
same manner provided for the original appointment.735

       The directors shall elect one of their membership as736
chairperson and another as vice-chairperson, and shall designate737
their terms of office, and shall appoint a secretary who need not738
be a director. A majority of the board of directors shall739
constitute a quorum, the affirmative vote of which shall be740
necessary for any action taken by the port authority. No vacancy741
in the membership of the board shall impair the rights of a quorum742
to exercise all the rights and perform all the duties of the port743
authority.744

       Each member of the board of directors of a port authority745
shall be entitled to receive from the port authority such sum of746
money as the board of directors may determine as compensation for747
services as director and reimbursement for reasonable expenses in748
the performance of official duties.749

       (B) Except for civil actions that arise out of the operation750
of a motor vehicle and civil actions in which the port authority751
is the plaintiff, no director, officer, or employee of a port752
authority shall be liable in any civil action that arises under753
the law of this state for damage or injury caused in the754
performance of his duties, unless the director's, officer's, or755
employee's actions were manifestly outside the scope of his756
employment or official responsibilities, or unless the director,757
officer, or employee acted with malicious purpose, in bad faith,758
or in a wanton or reckless manner.759

       This division does not eliminate, limit, or reduce any760
immunity from civil liability that is conferred upon a director,761
officer, or employee by any other provision of the Revised Code or762
by case law.763

       (C)(1) A port authority shall, except as provided in764
division (B) of this section, indemnify a director, officer, or765
employee from liability incurred in the performance of his duties766
by paying any judgment in, or amount negotiated in settlement of,767
any civil action arising under federal law, the law of another768
state, or the law of a foreign jurisdiction. The reasonableness769
of the amount of any consent judgment or settlement is subject to770
the review and approval of the board of the port authority. The771
maximum aggregate amount of indemnification paid directly from772
funds to or on behalf of any director, officer or employee773
pursuant to this division shall be one million dollars per774
occurrence, regardless of the number of persons who suffer damage,775
injury, or death as a result of the occurrence.776

       (2) A port authority shall not indemnify a director,777
officer, or employee under any of the following circumstances:778

       (a) To the extent the director, officer, or employee is779
covered by a policy of insurance for civil liability purchased by780
the port authority;781

       (b) When the director, officer, or employee acts manifestly782
outside the scope of his employment or official responsibilities,783
with malicious purpose, in bad faith, or in a wanton or reckless784
manner;785

       (c) For any portion of a judgment that represents punitive786
or exemplary damages;787

       (d) For any portion of a consent judgment or settlement that788
is unreasonable.789

       (3) The port authority may purchase a policy or policies of790
insurance on behalf of directors, officers, and employees of the791
port authority from an insurer or insurers licensed to do business792
in this state providing coverage for damages in connection with793
any civil action, demand, or claim against the director, officer,794
or employee by reason of an act or omission by the director,795
officer, or employee occurring in the performance of his duties796
and not coming within the terms of division (C)(2)(b) of this797
section.798

       (4) This section does not affect either of the following:799

       (a) Any defense that would otherwise be available in an800
action alleging personal liability of a director, officer, or801
employee;802

       (b) The operation of section 9.83 of the Revised Code.803

       Sec. 5511.01.  All state highways established by law shall804
continue to be known as state highways, and the state highway805
system established by law shall continue to be known as the state806
highway system.807

       Before establishing any additional highways as part of the808
state highway system, or making any significant changes in809
existing highways comprising the system, the director of810
transportation shall notify the general community of the project811
and offer an opportunity for appropriate public involvement in the812
project process.813

       The opportunity for public involvement shall satisfy the814
requirements of the "National Environmental Policy Act of 1969,"815
83 Stat. 852, 42 U.S.C.A. 4321 et seq., as amended, and may816
consist of activities including public meetings or hearings, small817
group meetings with local officials, individual meetings, news818
releases, public notices, workshops, newsletters, electronic819
communications, radio announcements, mail notification, and other820
activities considered appropriate for the exchange of information.821
The director or the director's designee shall provide the public822
involvement activities in each of the counties in which the823
highway proposed to be established is to be located or in which it824
is proposed to make suchthose changes.825

       Any changes made in existing highways by the director or any826
additional highways established by the director following the827
public involvement activities shall be certified to the following828
authorities interested thereinin them: the legislative authority829
of municipalities, the board of county commissioners, the board of830
township trustees, the municipal, county, and regional planning831
commissions, and the municipal, township, or county officer832
authorized to issue land use or building permits. Before any833
zoning change or subdivision plat is approved and before any834
permit for land use or the erection, alteration, or moving of a835
building is granted affecting any land within three hundred feet836
of the center line of a proposed new highway or highway for which837
changes are proposed, as described in the certification by the838
director, or within a radius of five hundred feet from the point839
of intersection of that center line with any public road or840
highway, the authority authorized to approve the zoning change or841
subdivision plat or the authority authorized to grant the permit842
for land use or the erection, alteration, or moving of the843
building shall give notice, by certified mail, to the director,844
and shall not approve a zoning change or subdivision plat or grant845
a permit for land use or the erection, alteration, or moving of a846
building for one hundred twenty days from date notice is received847
by the director. During the one hundred twenty-day period and any848
extension of it as may be agreed to between the director and any849
property owner, notice of which has been given to the authority to850
which the application has been made, the director shall proceed to851
acquire any land needed by purchase or gift, or by initiating852
proceedings to appropriate, or make a finding that acquisition at853
such time is not in the public interest. Upon purchase,854
initiation of appropriation proceedings, or a finding that855
acquisition is not in the public interest, the director shall856
notify the authority from which notice was received of that857
action. Upon being notified that the director has purchased or858
initiated proceedings to appropriate the land that authority shall859
refuse to rezone land or to approve any subdivision plat that860
includes the land which the director has purchased or has861
initiated proceedings to appropriate, and that authority shall862
refuse to grant a permit for land use or the erection, alteration,863
or moving of a building on the land which the director has864
purchased or initiated proceedings to appropriate. Upon865
notification that the director has found acquisition at that time866
not to be in the public interest, or upon the expiration of the867
one hundred twenty-day period or any extension thereofof it, if868
no notice has been received from the director, that authority869
shall proceed in accordance with law.870

       A report of the change or addition shall be filed in the871
office of the director, and the report of the director making the872
change or establishing the highway shall be placed on file in the873
office of the department of transportation.874

       In no event shall the total mileage of the state highway875
system be increased under this section to exceed two hundred miles876
in one year.877

       The director, upon petition of the boards of the counties878
traversed therebyby a highway or of citizens of suchthose879
counties, may officially assign to a highway of the state highway880
system a distinctive name, commemorative of a historical event or881
personage, or officially assign theretoto a highway of the state882
highway system a commonly accepted and appropriate name by which883
the highway is known.884

       The director may, upon giving appropriate notice and offering885
the opportunity for public involvement and comment, abandon a886
highway on the state highway system or part thereofof such a887
highway which the director determines is of minor importance or888
which traverses territory adequately served by another state889
highway, and the abandoned highway shall revert to a county or890
township road or municipal street. A report covering suchthat891
action shall be filed in the office of the director, and the892
director shall certify the action to the board of the county in893
which the highway or portion thereofof the highway so abandoned894
is situated.895

       The director shall make a map showing thereon, by appropriate896
numbering or other designation, all the state highways. The map897
shall be kept on file in the director's office, and the director898
shall cause the samemap to be corrected and revised to show all899
changes and additions to the date of suchthe correction. A copy900
of the map, certified by the director as a correct copy of the map901
on file in the director's office, shall be admissible as evidence902
in any court to prove the existence and location of the several903
highways and roads of the state highway system.904

       The state highway routes into or through municipal905
corporations, as designated or indicated by state highway route906
markers erected thereonon the routes, are state highways and a907
part of the state highway system. The director may erect state908
highway route markers and such other signs directing traffic as909
the director thinks proper upon those portions of the state910
highway system lying within municipal corporations, and the911
consent of the municipal corporations to suchthat erection and912
marking shall not be necessary. However, the director may erect913
traffic signs in villages in accordance with section 5521.01 of914
the Revised Code. No change in the route of any highway through a915
municipal corporation shall be made except after providing public916
involvement activities.917

       Except as provided in sections 5501.49 and 5517.04 of the918
Revised Code, no duty of constructing, reconstructing,919
maintaining, and repairing such state highways within municipal920
corporations shall attach to or rest upon the director. The921
director may enter upon such state highways within any municipal922
corporation and construct, reconstruct, widen, improve, maintain,923
and repair them, provided the municipal corporation first consents924
thereto by resolution of its legislative authority, except that925
the director need not obtain the consent of the municipal926
corporation if the existing highway being changed or the location927
of an additional highway being established was not within the928
corporate limits of the municipal corporation at the time suchthe929
establishment or change is approved by the director, or if the930
director is acting pursuant to section 5501.49 of the Revised931
Code.932

       The director shall place in the files of the department a933
record of the routes of all such state highways within municipal934
corporations, and shall cause them to be corrected and revised to935
show all changes and additions to the date of the correction. A936
copy of the record or any pertinent part thereofof it, certified937
by the director to be a true and correct copy, shall be admissible938
in evidence in any court of the state for the purpose of proving939
the existence and location of any state highway within a municipal940
corporation.941

       When the director proposes to change an existing state942
highway and there exists upon the highway a separated railroad943
crossing, the director shall mail to the interested railroad944
company a copy of the notice, which shall be mailed by first-class945
mail, postage prepaid, and certified with return receipt946
requested, at least two weeks before the time fixed for any947
public involvement activity. When the director proposes to change948
an existing state highway within a municipal corporation, the949
director shall mail to the mayor or other chief executive officer950
of the municipal corporation a copy of the notice, which shall be951
mailed by first-class mail, postage prepaid, and certified with952
return receipt requested, at least two weeks before the time fixed953
for any public involvement activity.954

       Nothing in this section shall be construed to require955
providing public involvement activities before the construction,956
reconstruction, maintenance, improvement, or widening of an957
existing highway where no relocation is involved.958

       With the exception of the authority conferred upon the959
director by this section, to erect state highway route markers and960
signs directing traffic, and by section 5501.49 of the Revised961
Code, Chapters 5501., 5503., 5511., 5513., 5515., 5516., 5517.,962
5519., 5521., 5523., 5525., 5527., 5528., 5529., 5531., 5533., and963
5535. of the Revised Code, shall not in any way modify, limit, or964
restrict the authority conferred by section 723.01 of the Revised965
Code upon municipal corporations to regulate the use of streets966
and to have the care, supervision, and control of the public967
highways, streets, avenues, alleys, sidewalks, public grounds,968
bridges, aqueducts, and viaducts within the municipal corporations969
and, or the liability imposed upon municipal corporations by970
division (B)(3) of section 2744.02 of the Revised Code for971
negligent failure to keep them, subject to division (B)(3) of972
section 2744.02 of the Revised Code, open,public roads in repair,973
and free from nuisanceother negligent failure to remove974
obstructions from public roads.975

       Sec. 5591.36.  The board of county commissioners shall erect976
and maintain on county roads, where not already done, one or more977
guardrails on each end of a county bridge, viaduct, or culvert978
more than five feet high and on each side of every approach to a979
county bridge, viaduct, or culvert, if the approach or embankment980
is more than six feet high. The board also shall also protect, by981
suitable guardrails, all perpendicular wash banksembankments with982
a rise of more than eight feet in height and with a downward slope983
of greater than seventy degrees, where such banksthe embankments984
have an immediate connection with a public highway other than985
state highways, or are adjacent thereto in an unprotected986
conditioncounty road.987

       It shall be a sufficient compliance with this section, if the988
board causes to be erected and maintained a good stockproof hedge989
fence where a quardrail is required. Such guardrails or hedge990
fences shall be erected in a substantial manner, having sufficient991
strength to protect life and property, theThe expense thereof to992
for a guardrail required under this section shall be paid out of993
the county bridge fund.994

       Sec. 5591.37. FailureNegligent failure to comply with995
section 5591.36 of the Revised Code shall render the county liable996
for all accidents or damages as a result of suchresulting from997
that failure.998

       Section 2. That existing sections 723.01, 2744.01, 2744.02,999
2744.03, 2744.04, 2744.05, 2744.06, 2744.07, 4582.27, 5511.01,1000
5591.36, and 5591.37 of the Revised Code are hereby repealed.1001

       Section 3. That sections 2744.01 and 2744.03 of the Revised1002
Code as scheduled to take effect on January 1, 2002, be amended to1003
read as follows:1004

       Sec. 2744.01.  As used in this chapter:1005

       (A) "Emergency call" means a call to duty, including, but not1006
limited to, communications from citizens, police dispatches, and1007
personal observations by peace officers of inherently dangerous1008
situations that demand an immediate response on the part of a1009
peace officer.1010

       (B) "Employee" means an officer, agent, employee, or servant,1011
whether or not compensated or full-time or part-time, who is1012
authorized to act and is acting within the scope of the officer's,1013
agent's, employee's, or servant's employment for a political1014
subdivision. "Employee" does not include an independent contractor1015
and does not include any individual engaged by a school district1016
pursuant to section 3319.301 of the Revised Code. "Employee"1017
includes any elected or appointed official of a political1018
subdivision. "Employee" also includes a person who has been1019
convicted of or pleaded guilty to a criminal offense and who has1020
been sentenced to perform community service work in a political1021
subdivision whether pursuant to section 2951.02 of the Revised1022
Code or otherwise, and a child who is found to be a delinquent1023
child and who is ordered by a juvenile court pursuant to section1024
2152.19 or 2152.20 of the Revised Code to perform community1025
service or community work in a political subdivision.1026

       (C)(1) "Governmental function" means a function of a1027
political subdivision that is specified in division (C)(2) of this1028
section or that satisfies any of the following:1029

       (a) A function that is imposed upon the state as an1030
obligation of sovereignty and that is performed by a political1031
subdivision voluntarily or pursuant to legislative requirement;1032

       (b) A function that is for the common good of all citizens1033
of the state;1034

       (c) A function that promotes or preserves the public peace,1035
health, safety, or welfare; that involves activities that are not1036
engaged in or not customarily engaged in by nongovernmental1037
persons; and that is not specified in division (G)(2) of this1038
section as a proprietary function.1039

       (2) A "governmental function" includes, but is not limited1040
to, the following:1041

       (a) The provision or nonprovision of police, fire, emergency1042
medical, ambulance, and rescue services or protection;1043

       (b) The power to preserve the peace; to prevent and suppress1044
riots, disturbances, and disorderly assemblages; to prevent,1045
mitigate, and clean up releases of oil and hazardous and extremely1046
hazardous substances as defined in section 3750.01 of the Revised1047
Code; and to protect persons and property;1048

       (c) The provision of a system of public education;1049

       (d) The provision of a free public library system;1050

       (e) The regulation of the use of, and the maintenance and1051
repair of, roads, highways, streets, avenues, alleys, sidewalks,1052
bridges, aqueducts, viaducts, and public grounds;1053

       (f) Judicial, quasi-judicial, prosecutorial, legislative,1054
and quasi-legislative functions;1055

       (g) The construction, reconstruction, repair, renovation,1056
maintenance, and operation of buildings that are used in1057
connection with the performance of a governmental function,1058
including, but not limited to, office buildings and courthouses;1059

       (h) The design, construction, reconstruction, renovation,1060
repair, maintenance, and operation of jails, places of juvenile1061
detention, workhouses, or any other detention facility, as defined1062
in section 2921.01 of the Revised Code;1063

       (i) The enforcement or nonperformance of any law;1064

       (j) The regulation of traffic, and the erection or1065
nonerection of traffic signs, signals, or control devices;1066

       (k) The collection and disposal of solid wastes, as defined1067
in section 3734.01 of the Revised Code, including, but not limited1068
to, the operation of solid waste disposal facilities, as1069
"facilities" is defined in that section, and the collection and1070
management of hazardous waste generated by households. As used in1071
division (C)(2)(k) of this section, "hazardous waste generated by1072
households" means solid waste originally generated by individual1073
households that is listed specifically as hazardous waste in or1074
exhibits one or more characteristics of hazardous waste as defined1075
by rules adopted under section 3734.12 of the Revised Code, but1076
that is excluded from regulation as a hazardous waste by those1077
rules.1078

       (l) The provision or nonprovision, planning or design,1079
construction, or reconstruction of a public improvement,1080
including, but not limited to, a sewer system;1081

       (m) The operation of a job and family services department1082
or agency, including, but not limited to, the provision of1083
assistance to aged and infirm persons and to persons who are1084
indigent;1085

       (n) The operation of a health board, department, or agency,1086
including, but not limited to, any statutorily required or1087
permissive program for the provision of immunizations or other1088
inoculations to all or some members of the public, provided that a1089
"governmental function" does not include the supply, manufacture,1090
distribution, or development of any drug or vaccine employed in1091
any such immunization or inoculation program by any supplier,1092
manufacturer, distributor, or developer of the drug or vaccine;1093

       (o) The operation of mental health facilities, mental1094
retardation or developmental disabilities facilities, alcohol1095
treatment and control centers, and children's homes or agencies;1096

       (p) The provision or nonprovision of inspection services of1097
all types, including, but not limited to, inspections in1098
connection with building, zoning, sanitation, fire, plumbing, and1099
electrical codes, and the taking of actions in connection with1100
those types of codes, including, but not limited to, the approval1101
of plans for the construction of buildings or structures and the1102
issuance or revocation of building permits or stop work orders in1103
connection with buildings or structures;1104

       (q) Urban renewal projects and the elimination of slum1105
conditions;1106

       (r) Flood control measures;1107

       (s) The design, construction, reconstruction, renovation,1108
operation, care, repair, and maintenance of a township cemetery;1109

       (t) The issuance of revenue obligations under section 140.061110
of the Revised Code;1111

       (u) The design, construction, reconstruction, renovation,1112
repair, maintenance, and operation of any school athletic1113
facility, school auditorium, or gymnasium or any recreational area1114
or facility, including, but not limited to, any of the following:1115

       (i) A park, playground, or playfield;1116

       (ii) An indoor recreational facility;1117

       (iii) A zoo or zoological park;1118

       (iv) A bath, swimming pool, pond, water park, wading pool,1119
wave pool, water slide, or other type of aquatic facility;1120

       (v) A golf course;1121

       (vi) A bicycle motocross facility or other type of1122
recreational area or facility in which bicycling, skating, skate1123
boarding, or scooter riding is engaged;1124

       (vii) A rope course or climbing walls;1125

       (viii) An all-purpose vehicle facility in which all-purpose1126
vehicles, as defined in section 4519.01 of the Revised Code, are1127
contained, maintained, or operated for recreational activities.1128

       (v) The provision of public defender services by a county or1129
joint county public defender's office pursuant to Chapter 120. of1130
the Revised Code;1131

       (w)(i) At any time before regulations prescribed pursuant to1132
49 U.S.C.A 20153 become effective, the designation, establishment,1133
design, construction, implementation, operation, repair, or1134
maintenance of a public road rail crossing in a zone within a1135
municipal corporation in which, by ordinance, the legislative1136
authority of the municipal corporation regulates the sounding of1137
locomotive horns, whistles, or bells; 1138

       (ii) On and after the effective date of regulations1139
prescribed pursuant to 49 U.S.C.A. 20153, the designation,1140
establishment, design, construction, implementation, operation,1141
repair, or maintenance of a public road rail crossing in such a1142
zone or of a supplementary safety measure, as defined in 491143
U.S.C.A 20153, at or for a public road rail crossing, if and to1144
the extent that the public road rail crossing is excepted,1145
pursuant to subsection (c) of that section, from the requirement1146
of the regulations prescribed under subsection (b) of that1147
section. 1148

       (x) A function that the general assembly mandates a political1149
subdivision to perform.1150

       (D) "Law" means any provision of the constitution, statutes,1151
or rules of the United States or of this state; provisions of1152
charters, ordinances, resolutions, and rules of political1153
subdivisions; and written policies adopted by boards of education.1154
When used in connection with the "common law," this definition1155
does not apply.1156

       (E) "Motor vehicle" has the same meaning as in section1157
4511.01 of the Revised Code.1158

       (F) "Political subdivision" or "subdivision" means a1159
municipal corporation, township, county, school district, or other1160
body corporate and politic responsible for governmental activities1161
in a geographic area smaller than that of the state. "Political1162
subdivision" includes, but is not limited to, a county hospital1163
commission appointed under section 339.14 of the Revised Code,1164
regional planning commission created pursuant to section 713.21 of1165
the Revised Code, county planning commission created pursuant to1166
section 713.22 of the Revised Code, joint planning council created1167
pursuant to section 713.231 of the Revised Code, interstate1168
regional planning commission created pursuant to section 713.30 of1169
the Revised Code, port authority created pursuant to section1170
4582.02 or 4582.26 of the Revised Code or in existence on December1171
16, 1964, regional council established by political subdivisions1172
pursuant to Chapter 167. of the Revised Code, emergency planning1173
district and joint emergency planning district designated under1174
section 3750.03 of the Revised Code, joint emergency medical1175
services district created pursuant to section 307.052 of the1176
Revised Code, fire and ambulance district created pursuant to1177
section 505.375 of the Revised Code, joint interstate emergency1178
planning district established by an agreement entered into under1179
that section, county solid waste management district and joint1180
solid waste management district established under section 343.011181
or 343.012 of the Revised Code, and community school established1182
under Chapter 3314. of the Revised Code.1183

       (G)(1) "Proprietary function" means a function of a political1184
subdivision that is specified in division (G)(2) of this section1185
or that satisfies both of the following:1186

       (a) The function is not one described in division (C)(1)(a)1187
or (b) of this section and is not one specified in division (C)(2)1188
of this section;1189

       (b) The function is one that promotes or preserves the1190
public peace, health, safety, or welfare and that involves1191
activities that are customarily engaged in by nongovernmental1192
persons.1193

       (2) A "proprietary function" includes, but is not limited1194
to, the following:1195

       (a) The operation of a hospital by one or more political1196
subdivisions;1197

       (b) The design, construction, reconstruction, renovation,1198
repair, maintenance, and operation of a public cemetery other than1199
a township cemetery;1200

       (c) The establishment, maintenance, and operation of a1201
utility, including, but not limited to, a light, gas, power, or1202
heat plant, a railroad, a busline or other transit company, an1203
airport, and a municipal corporation water supply system;1204

       (d) The maintenance, destruction, operation, and upkeep of a1205
sewer system;1206

       (e) The operation and control of a public stadium,1207
auditorium, civic or social center, exhibition hall, arts and1208
crafts center, band or orchestra, or off-street parking facility.1209

       (H) "Public roads" means public roads, highways, streets,1210
avenues, alleys, and bridges within a political subdivision.1211
"Public roads" does not include berms, shoulders, rights-of-way,1212
or traffic control devices unless the traffic control devices are1213
mandated by the Ohio manual of uniform traffic control devices.1214

       (I) "State" means the state of Ohio, including, but not1215
limited to, the general assembly, the supreme court, the offices1216
of all elected state officers, and all departments, boards,1217
offices, commissions, agencies, colleges and universities,1218
institutions, and other instrumentalities of the state of Ohio.1219
"State" does not include political subdivisions.1220

       Sec. 2744.03.  (A) In a civil action brought against a1221
political subdivision or an employee of a political subdivision to1222
recover damages for injury, death, or loss to personsperson or1223
property allegedly caused by any act or omission in connection1224
with a governmental or proprietary function, the following1225
defenses or immunities may be asserted to establish nonliability:1226

       (1) The political subdivision is immune from liability if1227
the employee involved was engaged in the performance of a1228
judicial, quasi-judicial, prosecutorial, legislative, or1229
quasi-legislative function.1230

       (2) The political subdivision is immune from liability if1231
the conduct of the employee involved, other than negligent1232
conduct, that gave rise to the claim of liability was required by1233
law or authorized by law, or if the conduct of the employee1234
involved that gave rise to the claim of liability was necessary or1235
essential to the exercise of powers of the political subdivision1236
or employee.1237

       (3) The political subdivision is immune from liability if1238
the action or failure to act by the employee involved that gave1239
rise to the claim of liability was within the discretion of the1240
employee with respect to policy-making, planning, or enforcement1241
powers by virtue of the duties and responsibilities of the office1242
or position of the employee.1243

       (4) The political subdivision is immune from liability if1244
the action or failure to act by the political subdivision or1245
employee involved that gave rise to the claim of liability1246
resulted in injury or death to a person who had been convicted of1247
or pleaded guilty to a criminal offense and who, at the time of1248
the injury or death, was serving any portion of the person's1249
sentence by performing community service work for or in the1250
political subdivision whether pursuant to section 2951.02 of the1251
Revised Code or otherwise, or resulted in injury or death to a1252
child who was found to be a delinquent child and who, at the time1253
of the injury or death, was performing community service or1254
community work for or in a political subdivision in accordance1255
with the order of a juvenile court entered pursuant to section 1256
2152.19 or 2152.20 of the Revised Code, and if, at the time of the1257
person's or child's injury or death, the person or child was1258
covered for purposes of Chapter 4123. of the Revised Code in1259
connection with the community service or community work for or in1260
the political subdivision.1261

       (5) The political subdivision is immune from liability if1262
the injury, death, or loss to personsperson or property resulted1263
from the exercise of judgment or discretion in determining whether1264
to acquire, or how to use, equipment, supplies, materials,1265
personnel, facilities, and other resources unless the judgment or1266
discretion was exercised with malicious purpose, in bad faith, or1267
in a wanton or reckless manner.1268

       (6) In addition to any immunity or defense referred to in1269
division (A)(7) of this section and in circumstances not covered1270
by that division or sections 3314.07 and 3746.24 of the Revised1271
Code, the employee is immune from liability unless one of the1272
following applies:1273

       (a) The employee's acts or omissions were manifestly outside1274
the scope of the employee's employment or official1275
responsibilities;1276

       (b) The employee's acts or omissions were with malicious1277
purpose, in bad faith, or in a wanton or reckless manner;1278

       (c) LiabilityCivil liability is expressly imposed upon the1279
employee by a section of the Revised Code. Civil liability shall1280
not be construed to exist under another section of the Revised1281
Code merely because that section imposes a responsibility or1282
mandatory duty upon an employee, because that section provides for1283
a criminal penalty, because of a general authorization in that1284
section that an employee may sue and be sued, or because the1285
section uses the term "shall" in a provision pertaining to an1286
employee.1287

       (7) The political subdivision, and an employee who is a1288
county prosecuting attorney, city director of law, village1289
solicitor, or similar chief legal officer of a political1290
subdivision, an assistant of any such person, or a judge of a1291
court of this state is entitled to any defense or immunity1292
available at common law or established by the Revised Code.1293

       (B) Any immunity or defense conferred upon, or referred to1294
in connection with, an employee by division (A)(6) or (7) of this1295
section does not affect or limit any liability of a political1296
subdivision for an act or omission of the employee as provided in1297
section 2744.02 of the Revised Code.1298

       Section 4. That existing sections 2744.01 and 2744.03 of the1299
Revised Code as scheduled to take effect on January 1, 2002, are1300
hereby repealed.1301

       Section 5. Sections 3 and 4 of this act take effect on1302
January 1, 2002.1303

       Section 6. Sections 723.01, 2744.01, 2744.02, 2744.03,1304
2744.04, 2744.05, 2744.06, 2744.07, 4582.27, 5511.01, 5591.36, and1305
5591.37 of the Revised Code, as amended by this act, apply only to1306
causes of action that accrue on or after the effective date of1307
this act. Any cause of action that accrues prior to the effective1308
date of this act is governed by the law in effect when the cause1309
of action accrued.1310

       Section 7.  (A) Section 2744.01 of the Revised Code,1311
effective until January 1, 2002, is presented in Section 1 of this1312
act as a composite of the section as amended by both Sub. S.B. 241313
and Sub. S.B. 108 of the 124th General Assembly. The General1314
Assembly, applying the principle stated in division (B) of section1315
1.52 of the Revised Code that amendments are to be harmonized if1316
reasonably capable of simultaneous operation, finds that the1317
composite is the resulting version of the section in effect prior1318
to the effective date of the section as presented in this act.1319

       (B) Section 2744.01 of the Revised Code, effective January1320
1, 2002, is presented in Section 3 of this act as a composite of1321
the section as amended by both Sub. S.B. 24 and Sub. S.B. 108 of1322
the 124th General Assembly. The General Assembly, applying the1323
principle stated in division (B) of section 1.52 of the Revised1324
Code that amendments are to be harmonized if reasonably capable of1325
simultaneous operation, finds that the composite is the resulting1326
version of the section in effect prior to the effective date of1327
the section as presented in this act.1328