REPRESENTATIVES Roman, Flowers, Schmidt, Wolpert, Carano, Sferra, Distel, Setzer, Otterman, Fessler

To amend sections 723.01, 2744.01, 2744.02, 2744.03,

1

2744.04, 2744.05, 2744.06, 2744.07, 3313.815,

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 limit a political subdivision's

15

obligation to defend an employee to acts or

16

omissions that occur while the employee is both

17

acting in good faith and not manifestly outside the

18

scope of employment or official responsibilities;

19

to make changes proposed by Am. Sub. H.B. 350 of

20

the 121st General Assembly to the Political

21

Subdivision Sovereign Immunity Law; and to clarify

22

the requirement for school districts and nonpublic

23

schools to have a Heimlich-trained employee present

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during periods of food service to students.

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

Section 1. That sections 723.01, 2744.01, 2744.02, 2744.03,	26
2744.04, 2744.05, 2744.06, 2744.07, 3313.815, 4582.27, 5511.01,	27
5591.36, and 5591.37 of the Revised Code be amended to read as	28
follows:	29

Sec. 723.01.  Municipal corporations shall have special power	30
to regulate the use of the streets. Except as provided in section	31
5501.49 of the Revised Code, the legislative authority of a	32
municipal corporation shall have the care, supervision, and	33
control of the public highways, streets, avenues, alleys,	34
sidewalks, public grounds, bridges, aqueducts, and viaducts within	35
the municipal corporation, and the municipal corporation shall	36
cause them to be kept open, in repair, and free from nuisance. The	37
liability or immunity from liability of a municipal corporation	38
for injury, death, or loss to person or property allegedly caused	39
by a failure to perform the responsibilities imposed by this	40
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 not	44
limited to, communications from citizens, police dispatches, and	45
personal observations by peace officers of inherently dangerous	46
situations that demand an immediate response on the part of a	47
peace officer.	48

(B) "Employee" means an officer, agent, employee, or servant,	49
whether or not compensated or full-time or part-time, who is	50
authorized to act and is acting within the scope of the officer's,	51
agent's, employee's, or servant's employment for a political	52
subdivision. "Employee" does not include an independent contractor	53
and does not include any individual engaged by a school district	54
pursuant to section 3319.301 of the Revised Code. "Employee"	55
includes any elected or appointed official of a political	56
subdivision. "Employee" also includes a person who has been	57
convicted of or pleaded guilty to a criminal offense and who has	58
been sentenced to perform community service work in a political	59
subdivision whether pursuant to section 2951.02 of the Revised	60
Code or otherwise, and a child who is found to be a delinquent	61
child and who is ordered by a juvenile court pursuant to section	62
2152.19 or 2152.20 of the Revised Code to perform community	63
service or community work in a political subdivision.	64

(C)(1) "Governmental function" means a function of a	65
political subdivision that is specified in division (C)(2) of this	66
section or that satisfies any of the following:	67

(a) A function that is imposed upon the state as an	68
obligation of sovereignty and that is performed by a political	69
subdivision voluntarily or pursuant to legislative requirement;	70

(b) A function that is for the common good of all citizens	71
of the state;	72

(c) A function that promotes or preserves the public peace,	73
health, safety, or welfare; that involves activities that are not	74
engaged in or not customarily engaged in by nongovernmental	75
persons; and that is not specified in division (G)(2) of this	76
section as a proprietary function.	77

(2) A "governmental function" includes, but is not limited	78
to, the following:	79

(a) The provision or nonprovision of police, fire, emergency	80
medical, ambulance, and rescue services or protection;	81

(b) The power to preserve the peace; to prevent and suppress	82
riots, disturbances, and disorderly assemblages; to prevent,	83
mitigate, and clean up releases of oil and hazardous and extremely	84
hazardous substances as defined in section 3750.01 of the Revised	85
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 and	89
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 in	95
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 juvenile	99
detention, workhouses, or any other detention facility, as defined	100
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 or	103
nonerection of traffic signs, signals, or control devices;	104

(k) The collection and disposal of solid wastes, as defined	105
in section 3734.01 of the Revised Code, including, but not limited	106
to, the operation of solid waste disposal facilities, as	107
"facilities" is defined in that section, and the collection and	108
management of hazardous waste generated by households. As used in	109
division (C)(2)(k) of this section, "hazardous waste generated by	110
households" means solid waste originally generated by individual	111
households that is listed specifically as hazardous waste in or	112
exhibits one or more characteristics of hazardous waste as defined	113
by rules adopted under section 3734.12 of the Revised Code, but	114
that is excluded from regulation as a hazardous waste by those	115
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 department	120
or agency, including, but not limited to, the provision of	121
assistance to aged and infirm persons and to persons who are	122
indigent;	123

(n) The operation of a health board, department, or agency,	124
including, but not limited to, any statutorily required or	125
permissive program for the provision of immunizations or other	126
inoculations to all or some members of the public, provided that a	127
"governmental function" does not include the supply, manufacture,	128
distribution, or development of any drug or vaccine employed in	129
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, mental	132
retardation or developmental disabilities facilities, alcohol	133
treatment and control centers, and children's homes or agencies;	134

(p) The provision or nonprovision of inspection services of	135
all types, including, but not limited to, inspections in	136
connection with building, zoning, sanitation, fire, plumbing, and	137
electrical codes, and the taking of actions in connection with	138
those types of codes, including, but not limited to, the approval	139
of plans for the construction of buildings or structures and the	140
issuance or revocation of building permits or stop work orders in	141
connection with buildings or structures;	142

(q) Urban renewal projects and the elimination of slum	143
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 140.06	148
of the Revised Code;	149

(u) The design, construction, reconstruction, renovation,	150
repair, maintenance, and operation of any school athletic	151
facility, school auditorium, or gymnasium or any recreational area	152
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 of	160
recreational area or facility in which bicycling, skating, skate	161
boarding, or scooter riding is engaged;	162

(vii) A rope course or climbing walls;

163

(viii) An all-purpose vehicle facility in which all-purpose	164
vehicles, as defined in section 4519.01 of the Revised Code, are	165
contained, maintained, or operated for recreational activities.	166

(v) The provision of public defender services by a county or	167
joint county public defender's office pursuant to Chapter 120. of	168
the Revised Code;	169

(w)(i) At any time before regulations prescribed pursuant to	170
49 U.S.C.A 20153 become effective, the designation, establishment,	171
design, construction, implementation, operation, repair, or	172
maintenance of a public road rail crossing in a zone within a	173
municipal corporation in which, by ordinance, the legislative	174
authority of the municipal corporation regulates the sounding of	175
locomotive horns, whistles, or bells;	176

(ii) On and after the effective date of regulations	177
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 a	180
zone or of a supplementary safety measure, as defined in 49	181
U.S.C.A 20153, at or for a public road rail crossing, if and to	182
the extent that the public road rail crossing is excepted,	183
pursuant to subsection (c) of that section, from the requirement	184
of the regulations prescribed under subsection (b) of that	185
section.	186

(x) A function that the general assembly mandates a political	187
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 of	190
charters, ordinances, resolutions, and rules of political	191
subdivisions; and written policies adopted by boards of education.	192
When used in connection with the "common law," this definition	193
does not apply.	194

(E) "Motor vehicle" has the same meaning as in section	195
4511.01 of the Revised Code.	196

(F) "Political subdivision" or "subdivision" means a	197
municipal corporation, township, county, school district, or other	198
body corporate and politic responsible for governmental activities	199
in a geographic area smaller than that of the state. "Political	200
subdivision" includes, but is not limited to, a county hospital	201
commission appointed under section 339.14 of the Revised Code,	202
regional planning commission created pursuant to section 713.21 of	203
the Revised Code, county planning commission created pursuant to	204
section 713.22 of the Revised Code, joint planning council created	205
pursuant to section 713.231 of the Revised Code, interstate	206
regional planning commission created pursuant to section 713.30 of	207
the Revised Code, port authority created pursuant to section	208
4582.02 or 4582.26 of the Revised Code or in existence on December	209
16, 1964, regional council established by political subdivisions	210
pursuant to Chapter 167. of the Revised Code, emergency planning	211
district and joint emergency planning district designated under	212
section 3750.03 of the Revised Code, joint emergency medical	213
services district created pursuant to section 307.052 of the	214
Revised Code, fire and ambulance district created pursuant to	215
section 505.375 of the Revised Code, joint interstate emergency	216
planning district established by an agreement entered into under	217
that section, county solid waste management district and joint	218
solid waste management district established under section 343.01	219
or 343.012 of the Revised Code, and community school established	220
under Chapter 3314. of the Revised Code.	221

(G)(1) "Proprietary function" means a function of a political	222
subdivision that is specified in division (G)(2) of this section	223
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 the	228
public peace, health, safety, or welfare and that involves	229
activities that are customarily engaged in by nongovernmental	230
persons.	231

(2) A "proprietary function" includes, but is not limited	232
to, the following:	233

(a) The operation of a hospital by one or more political	234
subdivisions;	235

(b) The design, construction, reconstruction, renovation,	236
repair, maintenance, and operation of a public cemetery other than	237
a township cemetery;	238

(c) The establishment, maintenance, and operation of a	239
utility, including, but not limited to, a light, gas, power, or	240
heat plant, a railroad, a busline or other transit company, an	241
airport, and a municipal corporation water supply system;	242

(d) The maintenance, destruction, operation, and upkeep of a	243
sewer system;	244

(e) The operation and control of a public stadium,	245
auditorium, civic or social center, exhibition hall, arts and	246
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 are	251
mandated by the Ohio manual of uniform traffic control devices.	252

(I) "State" means the state of Ohio, including, but not	253
limited to, the general assembly, the supreme court, the offices	254
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, the	259
functions of political subdivisions are hereby classified as	260
governmental functions and proprietary functions. Except as	261
provided in division (B) of this section, a political subdivision	262
is not liable in damages in a civil action for injury, death, or	263
loss to person or property allegedly caused by any act or omission	264
of the political subdivision or an employee of the political	265
subdivision in connection with a governmental or proprietary	266
function.	267

(2) Subject to statutory limitations upon their monetary	268
jurisdiction, the courts of common pleas, the municipal courts,	269
and the county courts have jurisdiction to hear and determine	270
civil actions governed by or brought pursuant to this chapter.	271

(B) Subject to sections 2744.03 and 2744.05 of the Revised	272
Code, a political subdivision is liable in damages in a civil	273
action for injury, death, or loss to person or property allegedly	274
caused by an act or omission of the political subdivision or of	275
any of its employees in connection with a governmental or	276
proprietary function, as follows:	277

(1) Except as otherwise provided in this division, political	278
subdivisions are liable for injury, death, or loss to person or	279
property caused by the negligent operation of any motor vehicle by	280
their employees upon the public roads, highways, or streets when	281
the employees are engaged within the scope of their employment and	282
authority. The following are full defenses to that liability:	283

(a) A member of a municipal corporation police department or	284
any other police agency was operating a motor vehicle while	285
responding to an emergency call and the operation of the vehicle	286
did not constitute willful or wanton misconduct;	287

(b) A member of a municipal corporation fire department or	288
any other firefighting agency was operating a motor vehicle while	289
engaged in duty at a fire, proceeding toward a place where a fire	290
is in progress or is believed to be in progress, or answering any	291
other emergency alarm and the operation of the vehicle did not	292
constitute willful or wanton misconduct;	293

(c) A member of an emergency medical service owned or	294
operated by a political subdivision was operating a motor vehicle	295
while responding to or completing a call for emergency medical	296
care or treatment, the member was holding a valid commercial	297
driver's license issued pursuant to Chapter 4506. or a driver's	298
license issued pursuant to Chapter 4507. of the Revised Code, the	299
operation of the vehicle did not constitute willful or wanton	300
misconduct, and the operation complies with the precautions of	301
section 4511.03 of the Revised Code.	302

(2) Except as otherwise provided in sections 3314.07 and	303
3746.24 of the Revised Code, political subdivisions are liable for	304
injury, death, or loss to person or property caused by the	305
negligent performance of acts by their employees with respect to	306
proprietary functions of the political subdivisions.	307

(3) Except as otherwise provided in section 3746.24 of the	308
Revised Code, political subdivisions are liable for injury, death,	309
or loss to person or property caused by their negligent failure	310
to keep public roads, highways, streets, avenues, alleys,	311
sidewalks, bridges, aqueducts, viaducts, or public grounds within	312
the political subdivisions open, in repair, and free from nuisance	313
and other negligent failure to remove obstructions from public	314
roads, except that it is a full defense to that liability, when a	315
bridge within a municipal corporation is involved, that the	316
municipal corporation does not have the responsibility for	317
maintaining or inspecting the bridge.	318

(4) Except as otherwise provided in section 3746.24 of the	319
Revised Code, political subdivisions are liable for injury, death,	320
or loss to person or property that is caused by the negligence of	321
their employees and that occurs within or on the grounds of, and	322
is due to physical defects within or on the grounds of, buildings	323
that are used in connection with the performance of a governmental	324
function, including, but not limited to, office buildings and	325
courthouses, but not including jails, places of juvenile	326
detention, workhouses, or any other detention facility, as defined	327
in section 2921.01 of the Revised Code.	328

(5) In addition to the circumstances described in divisions	329
(B)(1) to (4) of this section, a political subdivision is liable	330
for injury, death, or loss to person or property when civil	331
liability is expressly imposed upon the political subdivision by a	332
section of the Revised Code, including, but not limited to,	333
sections 2743.02 and 5591.37 of the Revised Code. LiabilityCivil	334
liability shall not be construed to exist under another section of	335
the Revised Code merely because that section imposes a	336
responsibility is imposedor mandatory duty upon a political	337
subdivision or,because that section provides for a criminal	338
penalty, because of a general authorization in that section that a	339
political subdivision may sue and be sued, or because that section	340
uses the term "shall" in a provision pertaining to a political	341
subdivision.	342

(C) An order that denies a political subdivision or an	343
employee of a political subdivision the benefit of an alleged	344
immunity from liability as provided in this chapter or any other	345
provision of the law is a final order.	346

Sec. 2744.03.  (A) In a civil action brought against a	347
political subdivision or an employee of a political subdivision to	348
recover damages for injury, death, or loss to personsperson or	349
property allegedly caused by any act or omission in connection	350
with a governmental or proprietary function, the following	351
defenses or immunities may be asserted to establish nonliability:	352

(1) The political subdivision is immune from liability if	353
the employee involved was engaged in the performance of a	354
judicial, quasi-judicial, prosecutorial, legislative, or	355
quasi-legislative function.	356

(2) The political subdivision is immune from liability if	357
the conduct of the employee involved, other than negligent	358
conduct, that gave rise to the claim of liability was required by	359
law or authorized by law, or if the conduct of the employee	360
involved that gave rise to the claim of liability was necessary or	361
essential to the exercise of powers of the political subdivision	362
or employee.	363

(3) The political subdivision is immune from liability if	364
the action or failure to act by the employee involved that gave	365
rise to the claim of liability was within the discretion of the	366
employee with respect to policy-making, planning, or enforcement	367
powers by virtue of the duties and responsibilities of the office	368
or position of the employee.	369

(4) The political subdivision is immune from liability if	370
the action or failure to act by the political subdivision or	371
employee involved that gave rise to the claim of liability	372
resulted in injury or death to a person who had been convicted of	373
or pleaded guilty to a criminal offense and who, at the time of	374
the injury or death, was serving any portion of the person's	375
sentence by performing community service work for or in the	376
political subdivision whether pursuant to section 2951.02 of the	377
Revised Code or otherwise, or resulted in injury or death to a	378
child who was found to be a delinquent child and who, at the time	379
of the injury or death, was performing community service or	380
community work for or in a political subdivision in accordance	381
with the order of a juvenile court entered pursuant to section	382
2152.19 or 2152.20 of the Revised Code, and if, at the time of the	383
person's or child's injury or death, the person or child was	384
covered for purposes of Chapter 4123. of the Revised Code in	385
connection with the community service or community work for or in	386
the political subdivision.	387

(5) The political subdivision is immune from liability if	388
the injury, death, or loss to personsperson or property resulted	389
from the exercise of judgment or discretion in determining whether	390
to acquire, or how to use, equipment, supplies, materials,	391
personnel, facilities, and other resources unless the judgment or	392
discretion was exercised with malicious purpose, in bad faith, or	393
in a wanton or reckless manner.	394

(6) In addition to any immunity or defense referred to in	395
division (A)(7) of this section and in circumstances not covered	396
by that division or sections 3314.07 and 3746.24 of the Revised	397
Code, the employee is immune from liability unless one of the	398
following applies:	399

(a) The employee's acts or omissions were manifestly outside	400
the scope of the employee's employment or official	401
responsibilities;	402

(b) The employee's acts or omissions were with malicious	403
purpose, in bad faith, or in a wanton or reckless manner;	404

(c) LiabilityCivil liability is expressly imposed upon the	405
employee by a section of the Revised Code. Civil liability shall	406
not be construed to exist under another section of the Revised	407
Code merely because that section imposes a responsibility or	408
mandatory duty upon an employee, because that section provides for	409
a criminal penalty, because of a general authorization in that	410
section that an employee may sue and be sued, or because the	411
section uses the term "shall" in a provision pertaining to an	412
employee.	413

(7) The political subdivision, and an employee who is a	414
county prosecuting attorney, city director of law, village	415
solicitor, or similar chief legal officer of a political	416
subdivision, an assistant of any such person, or a judge of a	417
court of this state is entitled to any defense or immunity	418
available at common law or established by the Revised Code.	419

(B) Any immunity or defense conferred upon, or referred to	420
in connection with, an employee by division (A)(6) or (7) of this	421
section does not affect or limit any liability of a political	422
subdivision for an act or omission of the employee as provided in	423
section 2744.02 of the Revised Code.	424

Sec. 2744.04.  (A) An action against a political subdivision	425
to recover damages for injury, death, or loss to personsperson or	426
property allegedly caused by any act or omission in connection	427
with a governmental or proprietary function, whether brought as an	428
original action, cross-claim, counterclaim, third-party claim, or	429
claim for subrogation, shall be brought within two years after the	430
cause of action aroseaccrues, or within any applicable shorter	431
period of time for bringing the action provided by the Revised	432
Code. The period of limitation contained in this division shall be	433
tolled pursuant to section 2305.16 of the Revised Code. This	434
division applies to actions brought against political subdivisions	435
by all persons, governmental entities, and the state.	436

(B) In the complaint filed in a civil action against a	437
political subdivision or an employee of a political subdivision to	438
recover damages for injury, death, or loss to personsperson or	439
property allegedly caused by an act or omission in connection with	440
a governmental or proprietary function, whether filed in an	441
original action, cross-claim, counterclaim, third-party claim, or	442
claim for subrogation, the complainant shall include a demand for	443
a judgment for the damages that the judge in a nonjury trial or	444
the jury in a jury trial finds that the complainant is entitled to	445
be awarded, but shall not specify in that demand any monetary	446
amount for damages sought.	447

Sec. 2744.05.  Notwithstanding any other provisions of the	448
Revised Code or rules of a court to the contrary, in an action	449
against a political subdivision to recover damages for injury,	450
death, or loss to person or property caused by an act or omission	451
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 receive	454
benefits for injuries or loss allegedly incurred from a policy or	455
policies of insurance or any other source, the benefits shall be	456
disclosed to the court, and the amount of the benefits shall be	457
deducted from any award against a political subdivision recovered	458
by that claimant. No insurer or other person is entitled to bring	459
an action under a subrogation provision in an insurance or other	460
contract against a political subdivision with respect to those	461
benefits.	462

The amount of the benefits shall be deducted from an award	463
against a political subdivision under division (B)(1) of this	464
section regardless of whether the claimant may be under an	465
obligation to pay back the benefits upon recovery, in whole or in	466
part, for the claim. A claimant whose benefits have been deducted	467
from an award under division (B)(1) of this section is not	468
considered fully compensated and shall not be required to	469
reimburse a subrogated claim for benefits deducted from an award	470
pursuant to division (B)(1) of this section.	471

(2) Nothing in this division (B)(1) of this section shall be	472
construed to do either of the following:	473

(1)(a) Limit the rights of a beneficiary under a life	474
insurance policy or the rights of sureties under fidelity or	475
surety bonds;	476

(2)(b) Prohibit the department of job and family services	477
from recovering from the political subdivision, pursuant to	478
section 5101.58 of the Revised Code, the cost of medical	479
assistance benefits provided under Chapter 5107., 5111., or 5115.	480
of the Revised Code.	481

(C)(1) There shall not be any limitation on compensatory	482
damages that represent the actual loss of the person who is	483
awarded the damages. However, except in wrongful death actions	484
brought pursuant to Chapter 2125. of the Revised Code, damages	485
that arise from the same cause of action, transaction or	486
occurrence, or series of transactions or occurrences and that do	487
not represent the actual loss of the person who is awarded the	488
damages shall not exceed two hundred fifty thousand dollars in	489
favor of any one person. The limitation on damages that do not	490
represent the actual loss of the person who is awarded the damages	491
provided in this division does not apply to court costs that are	492
awarded to a plaintiff, or to interest on a judgment rendered in	493
favor of a plaintiff, in an action against a political	494
subdivision.	495

(2) As used in this division, "the actual loss of the person	496
who is awarded the damages" includes all of the following:	497

(a) All wages, salaries, or other compensation lost by the	498
person injured as a result of the injury, including wages,	499
salaries, or other compensation lost as of the date of a judgment	500
and future expected lost earnings of the person injured;	501

(b) All expenditures of the person injured or another person	502
on behalf of the person injured for medical care or treatment, for	503
rehabilitation services, or for other care, treatment, services,	504
products, or accommodations that were necessary because of the	505
injury;	506

(c) All expenditures to be incurred in the future, as	507
determined by the court, by the person injured or another person	508
on behalf of the person injured for medical care or treatment, for	509
rehabilitation services, or for other care, treatment, services,	510
products, or accommodations that will be necessary because of the	511
injury;	512

(d) All expenditures of a person whose property was injured	513
or destroyed or of another person on behalf of the person whose	514
property was injured or destroyed in order to repair or replace	515
the property that was injured or destroyed;	516

(e) All expenditures of the person injured or of the person	517
whose property was injured or destroyed or of another person on	518
behalf of the person injured or of the person whose property was	519
injured or destroyed in relation to the actual preparation or	520
presentation of the claim involved;	521

(f) Any other expenditures of the person injured or of the	522
person whose property was injured or destroyed or of another	523
person on behalf of the person injured or of the person whose	524
property was injured or destroyed that the court determines	525
represent an actual loss experienced because of the personal or	526
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 any	529
services rendered in relation to a personal or property injury or	530
property loss, and does not include any damages awarded for pain	531
and suffering, for the loss of society, consortium, companionship,	532
care, assistance, attention, protection, advice, guidance,	533
counsel, instruction, training, or education of the person	534
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 are	537
not subject to execution, judicial sale, garnishment, or	538
attachment to satisfy a judgment rendered against a political	539
subdivision in a civil action to recover damages for injury,	540
death, or loss to person or property caused by an act or omission	541
of the political subdivision or any of its employees in connection	542
with a governmental or proprietary function. SuchThose judgments	543
shall be paid from funds of the political subdivisions that have	544
been appropriated for that purpose, but, if sufficient funds are	545
not currently appropriated for the payment of judgments, the	546
fiscal officer of a political subdivision shall certify the amount	547
of any unpaid judgments to the taxing authority of the political	548
subdivision for inclusion in the next succeeding budget and annual	549
appropriation measure and payment in the next succeeding fiscal	550
year as provided by section 5705.08 of the Revised Code, unless	551
any such judgment is to be paid from the proceeds of bonds issued	552
pursuant to section 133.14 of the Revised Code or pursuant to	553
annual installments authorized by division (B) or (C) of this	554
section.	555

(B)(1)(a) As used in this division, "the actual loss of the	556
person who is awarded the damages" includes all of the following:	557

(i) All wages, salaries, or other compensation lost by the	558
person injured as a result of the injury, as of the date of the	559
judgment;	560

(ii) All expenditures of the person injured or of another	561
person on behalf of the person injured for medical care or	562
treatment, for rehabilitation services, or for other care,	563
treatment, services, products, or accommodations that were	564
necessary because of the injury;	565

(iii) All expenditures of a person whose property was	566
injured or destroyed or of another person on behalf of the person	567
whose property was injured or destroyed in order to repair or	568
replace the property that was injured or destroyed;	569

(iv) All expenditures of the person injured or whose	570
property was injured or destroyed or of another person on behalf	571
of the person injured or whose property was injured or destroyed	572
in relation to the actual preparation or presentation of the	573
person's claim;	574

(v) Any other expenditures of the person injured or whose	575
property was injured or destroyed or of another person on behalf	576
of the person injured or whose property was injured or destroyed	577
that the court determines represent an actual loss experienced	578
because of the personal or property injury or property loss.	579

(b) As used in this division, "the actual loss of the person	580
who is awarded the damages" does not include any of the following:	581

(i) Wages, salaries, or other compensation lost by the	582
person injured as a result of the injury, that are future expected	583
earnings of such athat person;	584

(ii) Expenditures to be incurred in the future, as	585
determined by the court, by the person injured or by another	586
person on behalf of the person injured for medical care or	587
treatment, for rehabilitation services, or for other care,	588
treatment, services, products, or accommodations that will be	589
necessary because of the injury;	590

(iii) Any fees paid or owed to an attorney for any services	591
rendered in relation to a personal or property injury or property	592
loss;	593

(iv) Any damages awarded for pain and suffering, for the	594
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 this	599
division, a court that renders a judgment against a political	600
subdivision as described in division (A) of this section and that	601
is not in favor of the state may authorize the political	602
subdivision, upon the motion of the political subdivision, to pay	603
the judgment or a specified portion of the judgment in annual	604
installments over a period not to exceed ten years, subject to the	605
payment of interest at the rate specified in division (A) of	606
section 1343.03 of the Revised Code. A court shall not authorize	607
the payment in installments under this division of any portion of	608
a judgment or entire judgment that represents the actual loss of	609
the person who is awarded the damages.	610

Additionally, a court shall not authorize the payment in	611
installments under this division of any portion of a judgment or	612
entire judgment that does not represent the actual loss of the	613
person who is awarded the damages unless the court, after	614
balancing the interests of the political subdivision and of the	615
person in whose favor the judgment was rendered, determines that	616
installment payments would be appropriate under the circumstances	617
and would not be unjust to the person in whose favor the judgment	618
was rendered. If a court makes such athat determination, it	619
shall fix the amount of the installment payments in such a manner	620
as to achievethat achieves for the person in whose favor the	621
judgment was rendered, the same economic result over the period as	622
that person would have received if the judgment or portion of the	623
judgment subject to the installment payments had been paid in a	624
lump sum payment.	625

(C) At the option of a political subdivision, a judgment as	626
described in division (A) of this section and that is rendered in	627
favor of the state may be paid in equal annual installments over a	628
period not to exceed ten years, without the payment of interest.	629

Sec. 2744.07.  (A)(1) Except as otherwise provided in this	630
division, a political subdivision shall provide for the defense of	631
an employee, in any state or federal court, in any civil action or	632
proceeding to recover damages for injury, death, or loss to	633
personsperson or property allegedly caused by an act or omission	634
of the employee in connection with a governmental or proprietary	635
function if the act or omission occurred or is alleged to have	636
occurred while the employee was acting both in good faith and not	637
manifestly outside the scope of his employment or official	638
responsibilities. Amounts expended by a political subdivision in	639
the defense of its employees shall be from funds appropriated for	640
this purpose or from proceeds of insurance. The duty to provide	641
for the defense of an employee specified in this division does not	642
apply in a civil action or proceeding that is commenced by or on	643
behalf of a political subdivision.	644

(2) Except as otherwise provided in this division, a	645
political subdivision shall indemnify and hold harmless an	646
employee in the amount of any judgment, other than a judgment for	647
punitive or exemplary damages, that is obtained against the	648
employee in a state or federal court or as a result of a law of a	649
foreign jurisdiction and that is for damages for injury, death, or	650
loss to personsperson or property caused by an act or omission in	651
connection with a governmental or proprietary function, if at the	652
time of the act or omission the employee was acting in good faith	653
and within the scope of his employment or official	654
responsibilities.	655

(B)(1) A political subdivision may enter into a consent	656
judgment or settlement and may secure releases from liability for	657
itself or an employee, with respect to any claim for injury,	658
death, or loss to personsperson or property caused by an act or	659
omission in connection with a governmental or proprietary	660
function.	661

(2) No action or appeal of any kind shall be brought by any	662
person, including any employee or a taxpayer, with respect to the	663
decision of a political subdivision pursuant to division (B)(1) of	664
this section whether to enter into a consent judgment or	665
settlement or to secure releases, or concerning the amount and	666
circumstances of a consent judgment or settlement. Amounts	667
expended for any settlement shall be from funds appropriated for	668
this purpose.	669

(C) If a political subdivision refuses to provide an	670
employee with a defense in a civil action or proceeding as	671
described in division (A)(1) of this section, the employee may	672
file, in the court of common pleas of the county in which the	673
political subdivision is located, an action seeking a	674
determination as to the appropriateness of the refusal of the	675
political subdivision to provide himthe employee with a defense	676
under that division. The court shall determine a refusal to be	677
appropriate unless it finds there was an abuse of discretion on	678
the part of the political subdivision in acting under that	679
division.	680

Sec. 3313.815. (A) Any school district or nonpublic school	681
that operates a food service program pursuant to section 3313.81	682
or 3313.813 of the Revised Code shall require at least one	683
employee who has received instruction in methods to prevent	684
choking and has demonstrated an ability to perform the Heimlich	685
maneuver to be present while students are being served food as	686
part of any such food service program.	687

The department of education shall establish guidelines for	688
use by districts and schools in implementing this section.	689

(B) Any nonpublic school or employee of a nonpublic school	690
is not liable in damages in a civil action for injury, death, or	691
loss to person or property allegedly caused by an act or omission	692
of the nonpublic school or an employee of the nonpublic school in	693
connection with performance of the duties required under division	694
(A) of this section unless such act or omission was with malicious	695
purpose, in bad faith, or in a wanton or reckless manner.	696

(C) This section does not create a new cause of action or	697
substantive legal right against any person.	698

Sec. 4582.27. (A) A port authority created in accordance	699
with section 4582.22 of the Revised Code shall be governed by a	700
board of directors. Members of a board of directors of a port	701
authority created by the exclusive action of a municipal	702
corporation shall consist of the number of members it considers	703
necessary and shall be appointed by the mayor with the advice and	704
consent of the council. Members of a board of directors of a port	705
authority created by the exclusive action of a township shall	706
consist of such members as it considers necessary and shall be	707
appointed by the township trustees of the township. Members of a	708
board of directors of a port authority created by the exclusive	709
action of a county shall consist of such members as it considers	710
necessary and shall be appointed by the board of county	711
commissioners of the county. Members of a board of directors of a	712
port authority created by a combination of political subdivisions	713
shall be divided among the political subdivisions in such	714
proportions as the political subdivisions may agree and shall be	715
appointed by the participating political subdivisions in the same	716
manner as this section provides for the appointment of members by	717
a political subdivision creating its own port authority. If a	718
participating political subdivision is not authorized by section	719
4582.22 of the Revised Code to create its own port authority, the	720
political subdivision's elected legislative body, if the political	721
subdivision has an elected legislative body, or the political	722
subdivision's elected official or officials who appoint the	723
legislative body of the political subdivision shall appoint the	724
members of a board of directors of a port authority that are to be	725
appointed by that political subdivision. If the electors of a	726
participating political subdivision do not elect either the	727
legislative body of the political subdivision or the official or	728
officials who appoint the legislative body of the political	729
subdivision, the participating political subdivision may not	730
appoint any member of a board of directors of a port authority.	731
When a port authority is created by a combination of political	732
subdivisions, the number of directors comprising the board shall	733
be determined by agreement between the political subdivisions,	734
which number may be changed from time to time by amendment of the	735
agreement. The appointing body may at any time remove a director	736
appointed by it for misfeasance, nonfeasance, or malfeasance in	737
office.	738

A majority of the directors shall have been qualified	739
electors of, or shall have had their businesses or places of	740
employment in, one or more political subdivisions within the area	741
of the jurisdiction of the port authority, for a period of at	742
least three years next preceding their appointment.	743

The directors of any port authority first appointed shall	744
serve staggered terms. Thereafter each successor shall serve for	745
a term of four years, except that any person appointed to fill a	746
vacancy shall be appointed to only the unexpired term and any	747
director is eligible for reappointment.	748

The board of directors by rule may provide for the removal of	749
a director who fails to attend three consecutive regular meetings	750
of the board. If a director is so removed, a successor shall be	751
appointed for the remaining term of the removed director in the	752
same manner provided for the original appointment.	753

The directors shall elect one of their membership as	754
chairperson and another as vice-chairperson, and shall designate	755
their terms of office, and shall appoint a secretary who need not	756
be a director. A majority of the board of directors shall	757
constitute a quorum, the affirmative vote of which shall be	758
necessary for any action taken by the port authority. No vacancy	759
in the membership of the board shall impair the rights of a quorum	760
to exercise all the rights and perform all the duties of the port	761
authority.	762

Each member of the board of directors of a port authority	763
shall be entitled to receive from the port authority such sum of	764
money as the board of directors may determine as compensation for	765
services as director and reimbursement for reasonable expenses in	766
the performance of official duties.	767

(B) Except for civil actions that arise out of the operation	768
of a motor vehicle and civil actions in which the port authority	769
is the plaintiff, no director, officer, or employee of a port	770
authority shall be liable in any civil action that arises under	771
the law of this state for damage or injury caused in the	772
performance of his duties, unless the director's, officer's, or	773
employee's actions were manifestly outside the scope of his	774
employment or official responsibilities, or unless the director,	775
officer, or employee acted with malicious purpose, in bad faith,	776
or in a wanton or reckless manner.	777

This division does not eliminate, limit, or reduce any	778
immunity from civil liability that is conferred upon a director,	779
officer, or employee by any other provision of the Revised Code or	780
by case law.	781

(C)(1) A port authority shall, except as provided in	782
division (B) of this section, indemnify a director, officer, or	783
employee from liability incurred in the performance of his duties	784
by paying any judgment in, or amount negotiated in settlement of,	785
any civil action arising under federal law, the law of another	786
state, or the law of a foreign jurisdiction. The reasonableness	787
of the amount of any consent judgment or settlement is subject to	788
the review and approval of the board of the port authority. The	789
maximum aggregate amount of indemnification paid directly from	790
funds to or on behalf of any director, officer or employee	791
pursuant to this division shall be one million dollars per	792
occurrence, regardless of the number of persons who suffer damage,	793
injury, or death as a result of the occurrence.	794

(2) A port authority shall not indemnify a director,	795
officer, or employee under any of the following circumstances:	796

(a) To the extent the director, officer, or employee is	797
covered by a policy of insurance for civil liability purchased by	798
the port authority;	799

(b) When the director, officer, or employee acts manifestly	800
outside the scope of his employment or official responsibilities,	801
with malicious purpose, in bad faith, or in a wanton or reckless	802
manner;	803

(c) For any portion of a judgment that represents punitive	804
or exemplary damages;	805

(d) For any portion of a consent judgment or settlement that	806
is unreasonable.	807

(3) The port authority may purchase a policy or policies of	808
insurance on behalf of directors, officers, and employees of the	809
port authority from an insurer or insurers licensed to do business	810
in this state providing coverage for damages in connection with	811
any civil action, demand, or claim against the director, officer,	812
or employee by reason of an act or omission by the director,	813
officer, or employee occurring in the performance of his duties	814
and not coming within the terms of division (C)(2)(b) of this	815
section.	816

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

817

(a) Any defense that would otherwise be available in an	818
action alleging personal liability of a director, officer, or	819
employee;	820

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

821

Sec. 5511.01.  All state highways established by law shall	822
continue to be known as state highways, and the state highway	823
system established by law shall continue to be known as the state	824
highway system.	825

Before establishing any additional highways as part of the	826
state highway system, or making any significant changes in	827
existing highways comprising the system, the director of	828
transportation shall notify the general community of the project	829
and offer an opportunity for appropriate public involvement in the	830
project process.	831

The opportunity for public involvement shall satisfy the	832
requirements of the "National Environmental Policy Act of 1969,"	833
83 Stat. 852, 42 U.S.C.A. 4321 et seq., as amended, and may	834
consist of activities including public meetings or hearings, small	835
group meetings with local officials, individual meetings, news	836
releases, public notices, workshops, newsletters, electronic	837
communications, radio announcements, mail notification, and other	838
activities considered appropriate for the exchange of information.	839
The director or the director's designee shall provide the public	840
involvement activities in each of the counties in which the	841
highway proposed to be established is to be located or in which it	842
is proposed to make suchthose changes.	843

Any changes made in existing highways by the director or any	844
additional highways established by the director following the	845
public involvement activities shall be certified to the following	846
authorities interested thereinin them: the legislative authority	847
of municipalities, the board of county commissioners, the board of	848
township trustees, the municipal, county, and regional planning	849
commissions, and the municipal, township, or county officer	850
authorized to issue land use or building permits. Before any	851
zoning change or subdivision plat is approved and before any	852
permit for land use or the erection, alteration, or moving of a	853
building is granted affecting any land within three hundred feet	854
of the center line of a proposed new highway or highway for which	855
changes are proposed, as described in the certification by the	856
director, or within a radius of five hundred feet from the point	857
of intersection of that center line with any public road or	858
highway, the authority authorized to approve the zoning change or	859
subdivision plat or the authority authorized to grant the permit	860
for land use or the erection, alteration, or moving of the	861
building shall give notice, by certified mail, to the director,	862
and shall not approve a zoning change or subdivision plat or grant	863
a permit for land use or the erection, alteration, or moving of a	864
building for one hundred twenty days from date notice is received	865
by the director. During the one hundred twenty-day period and any	866
extension of it as may be agreed to between the director and any	867
property owner, notice of which has been given to the authority to	868
which the application has been made, the director shall proceed to	869
acquire any land needed by purchase or gift, or by initiating	870
proceedings to appropriate, or make a finding that acquisition at	871
such time is not in the public interest. Upon purchase,	872
initiation of appropriation proceedings, or a finding that	873
acquisition is not in the public interest, the director shall	874
notify the authority from which notice was received of that	875
action. Upon being notified that the director has purchased or	876
initiated proceedings to appropriate the land that authority shall	877
refuse to rezone land or to approve any subdivision plat that	878
includes the land which the director has purchased or has	879
initiated proceedings to appropriate, and that authority shall	880
refuse to grant a permit for land use or the erection, alteration,	881
or moving of a building on the land which the director has	882
purchased or initiated proceedings to appropriate. Upon	883
notification that the director has found acquisition at that time	884
not to be in the public interest, or upon the expiration of the	885
one hundred twenty-day period or any extension thereofof it, if	886
no notice has been received from the director, that authority	887
shall proceed in accordance with law.	888

A report of the change or addition shall be filed in the	889
office of the director, and the report of the director making the	890
change or establishing the highway shall be placed on file in the	891
office of the department of transportation.	892

In no event shall the total mileage of the state highway	893
system be increased under this section to exceed two hundred miles	894
in one year.	895

The director, upon petition of the boards of the counties	896
traversed therebyby a highway or of citizens of suchthose	897
counties, may officially assign to a highway of the state highway	898
system a distinctive name, commemorative of a historical event or	899
personage, or officially assign theretoto a highway of the state	900
highway system a commonly accepted and appropriate name by which	901
the highway is known.	902

The director may, upon giving appropriate notice and offering	903
the opportunity for public involvement and comment, abandon a	904
highway on the state highway system or part thereofof such a	905
highway which the director determines is of minor importance or	906
which traverses territory adequately served by another state	907
highway, and the abandoned highway shall revert to a county or	908
township road or municipal street. A report covering suchthat	909
action shall be filed in the office of the director, and the	910
director shall certify the action to the board of the county in	911
which the highway or portion thereofof the highway so abandoned	912
is situated.	913

The director shall make a map showing thereon, by appropriate	914
numbering or other designation, all the state highways. The map	915
shall be kept on file in the director's office, and the director	916
shall cause the samemap to be corrected and revised to show all	917
changes and additions to the date of suchthe correction. A copy	918
of the map, certified by the director as a correct copy of the map	919
on file in the director's office, shall be admissible as evidence	920
in any court to prove the existence and location of the several	921
highways and roads of the state highway system.	922

The state highway routes into or through municipal	923
corporations, as designated or indicated by state highway route	924
markers erected thereonon the routes, are state highways and a	925
part of the state highway system. The director may erect state	926
highway route markers and such other signs directing traffic as	927
the director thinks proper upon those portions of the state	928
highway system lying within municipal corporations, and the	929
consent of the municipal corporations to suchthat erection and	930
marking shall not be necessary. However, the director may erect	931
traffic signs in villages in accordance with section 5521.01 of	932
the Revised Code. No change in the route of any highway through a	933
municipal corporation shall be made except after providing public	934
involvement activities.	935

Except as provided in sections 5501.49 and 5517.04 of the	936
Revised Code, no duty of constructing, reconstructing,	937
maintaining, and repairing such state highways within municipal	938
corporations shall attach to or rest upon the director. The	939
director may enter upon such state highways within any municipal	940
corporation and construct, reconstruct, widen, improve, maintain,	941
and repair them, provided the municipal corporation first consents	942
thereto by resolution of its legislative authority, except that	943
the director need not obtain the consent of the municipal	944
corporation if the existing highway being changed or the location	945
of an additional highway being established was not within the	946
corporate limits of the municipal corporation at the time suchthe	947
establishment or change is approved by the director, or if the	948
director is acting pursuant to section 5501.49 of the Revised	949
Code.	950

The director shall place in the files of the department a	951
record of the routes of all such state highways within municipal	952
corporations, and shall cause them to be corrected and revised to	953
show all changes and additions to the date of the correction. A	954
copy of the record or any pertinent part thereofof it, certified	955
by the director to be a true and correct copy, shall be admissible	956
in evidence in any court of the state for the purpose of proving	957
the existence and location of any state highway within a municipal	958
corporation.	959

When the director proposes to change an existing state	960
highway and there exists upon the highway a separated railroad	961
crossing, the director shall mail to the interested railroad	962
company a copy of the notice, which shall be mailed by first-class	963
mail, postage prepaid, and certified with return receipt	964
requested, at least two weeks before the time fixed for any	965
public involvement activity. When the director proposes to change	966
an existing state highway within a municipal corporation, the	967
director shall mail to the mayor or other chief executive officer	968
of the municipal corporation a copy of the notice, which shall be	969
mailed by first-class mail, postage prepaid, and certified with	970
return receipt requested, at least two weeks before the time fixed	971
for any public involvement activity.	972

Nothing in this section shall be construed to require	973
providing public involvement activities before the construction,	974
reconstruction, maintenance, improvement, or widening of an	975
existing highway where no relocation is involved.	976

With the exception of the authority conferred upon the	977
director by this section, to erect state highway route markers and	978
signs directing traffic, and by section 5501.49 of the Revised	979
Code, Chapters 5501., 5503., 5511., 5513., 5515., 5516., 5517.,	980
5519., 5521., 5523., 5525., 5527., 5528., 5529., 5531., 5533., and	981
5535. of the Revised Code, shall not in any way modify, limit, or	982
restrict the authority conferred by section 723.01 of the Revised	983
Code upon municipal corporations to regulate the use of streets	984
and to have the care, supervision, and control of the public	985
highways, streets, avenues, alleys, sidewalks, public grounds,	986
bridges, aqueducts, and viaducts within the municipal corporations	987
and, or the liability imposed upon municipal corporations by	988
division (B)(3) of section 2744.02 of the Revised Code for	989
negligent failure to keep them, subject to division (B)(3) of	990
section 2744.02 of the Revised Code, open,public roads in repair,	991
and free from nuisanceother negligent failure to remove	992
obstructions from public roads.	993

Sec. 5591.36.  The board of county commissioners shall erect	994
and maintain on county roads, where not already done, one or more	995
guardrails on each end of a county bridge, viaduct, or culvert	996
more than five feet high and on each side of every approach to a	997
county bridge, viaduct, or culvert, if the approach or embankment	998
is more than six feet high. The board also shall also protect, by	999
suitable guardrails, all perpendicular wash banksembankments with	1000
a rise of more than eight feet in height and with a downward slope	1001
of greater than seventy degrees, where such banksthe embankments	1002
have an immediate connection with a public highway other than	1003
state highways, or are adjacent thereto in an unprotected	1004
conditioncounty road.	1005

It shall be a sufficient compliance with this section, if the	1006
board causes to be erected and maintained a good stockproof hedge	1007
fence where a quardrail is required. Such guardrails or hedge	1008
fences shall be erected in a substantial manner, having sufficient	1009
strength to protect life and property, theThe expense thereof to	1010
for a guardrail required under this section shall be paid out of	1011
the county bridge fund.	1012

Sec. 5591.37. FailureNegligent failure to comply with	1013
section 5591.36 of the Revised Code shall render the county liable	1014
for all accidents or damages as a result of suchresulting from	1015
that failure.	1016

Section 2. That existing sections 723.01, 2744.01, 2744.02,	1017
2744.03, 2744.04, 2744.05, 2744.06, 2744.07, 3313.815, 4582.27,	1018
5511.01, 5591.36, and 5591.37 of the Revised Code are hereby	1019
repealed.	1020

Section 3. Sections 723.01, 2744.01, 2744.02, 2744.03,	1021
2744.04, 2744.05, 2744.06, 2744.07, 3313.815, 4582.27, 5511.01,	1022
5591.36, and 5591.37 of the Revised Code, as amended by this act,	1023
apply only to causes of action that accrue on or after the	1024
effective date of this act. Any cause of action that accrues prior	1025
to the effective date of this act is governed by the law in effect	1026
when the cause of action accrued.	1027

Section 4. Section 2744.01 of the Revised Code is presented	1028
in this act as a composite of the section as amended by both Sub.	1029
S.B. 24 and Sub. S.B. 108 of the 124th General Assembly. The	1030
General Assembly, applying the principle stated in division (B) of	1031
section 1.52 of the Revised Code that amendments are to be	1032
harmonized if reasonably capable of simultaneous operation, finds	1033
that the composite is the resulting version of the section in	1034
effect prior to the effective date of the section as presented in	1035
this act.	1036