REPRESENTATIVES Willamowski, Gilb, Hagan, Fessler, Evans, Flowers, Schuring, Schmidt, Buehrer, Webster, Coates

To amend sections 1701.95, 1707.01, 1901.18, 2101.31,

1

2305.25, 2305.251, 2305.37, 2307.24, 2307.27,

2

2307.30, 2307.60, 2307.61, 2313.46, 2315.23,

3

2315.24, 2743.18, 2743.19, 2744.01, 2744.02,

4

2744.03, 2744.05, 3123.17, 4112.02, 4507.07,

5

4513.263, 4582.27, and 5111.81; to amend, for the

6

purpose of adopting new section numbers as

7

indicated in parentheses, sections 2307.24

8

(2307.16), 2307.27 (2307.17), 2307.30 (2307.18),

9

2315.07 (2315.05), 2315.08 (2315.06), 2315.23

10

(2315.08), and 2315.24 (2315.09); to revive and

11

amend sections 109.36, 2117.06, 2125.01, 2125.02,

12

2125.04, 2305.10, 2305.16, 2305.27, 2305.38,

13

2307.31, 2307.32, 2307.75, 2307.80, 2315.01,

14

2315.19, 2315.21, 2501.02, 2744.06, 3722.08,

15

4112.14, 4113.52, 4171.10, and 4399.18; to revive,

16

amend, and amend, for the purpose of adopting a new

17

section number as indicated in parentheses, section

18

2315.18 (2315.07); to revive sections 163.17,

19

723.01, 1343.03, 1775.14, 2305.01, 2305.11,

20

2305.35, 2307.33, 2307.71, 2307.72, 2307.73,

21

2307.78, 2315.20, 2317.62, 2323.51, 2744.04,

22

4112.99, 4909.42, 5591.36, and 5591.37; to repeal

23

sections 109.36, 163.17, 723.01, 1343.03, 1775.14,

24

1901.041, 1901.17, 1901.181, 1901.20, 1905.032,

25

2117.06, 2125.01, 2125.02, 2125.04, 2305.01,

26

2305.10, 2305.11, 2305.16, 2305.35, 2305.38,

27

2307.32, 2307.33, 2307.331, 2307.71, 2307.72,

28

2307.73, 2307.75, 2307.78, 2307.801, 2315.01,

29

2315.18, 2315.19, 2315.20, 2315.21, 2317.62,

30

2323.51, 2501.02, 2744.04, 2744.06, 3701.19,

31

3722.08, 4112.14, 4112.99, 4113.52, 4171.10,

32

4399.18, 4909.42, 5591.36, and 5591.37, as they

33

result from Am. Sub. H.B. 350 of the 121st General

34

Assembly; to repeal sections 901.52, 2101.163,

35

2151.542, 2303.202, 2305.011, 2305.012, 2305.113,

36

2305.131, 2305.252, 2305.381, 2305.382, 2307.31,

37

2307.42, 2307.43, 2307.48, 2307.791, 2307.792,

38

2307.80, 2309.01, 2315.37, 2317.45, 2317.46,

39

2323.54, and 2323.59; to repeal sections 1901.262

40

and 1907.262, as enacted by Am. Sub. H.B. 350; to

41

suspend part of section 1707.01; and to suspend

42

sections 1707.432, 1707.433, 1707.434, 1707.435,

43

1707.436, 1707.437, and 1707.438 of the Revised

44

Code and to amend Section 3 of Am. Sub. H.B. 438 of

45

the 121st General Assembly and to repeal Sections

46

3, 4, 5, 6, 7, 8, 9, 13, and 16 of Am. Sub. H.B.

47

350 of the 121st General Assembly to repeal the

48

Tort Reform Act, Am. Sub. H.B. 350 of the 121st

49

General Assembly; to clarify the status of the law;

50

to reorganize certain tort related provisions; and

51

to revive prior law; to amend sections 2744.01 and

52

2744.03 of the Revised Code as scheduled to take

53

effect on January 1, 2002, to continue the

54

amendments of this act on and after that date; and

55

to declare an emergency.

56

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

Section 1. It is the intent of this act (1) to repeal the	57
Tort Reform Act, Am. Sub. H.B. 350 of the 121st General Assembly,	58
146 Ohio Laws 3867, in conformity with the Supreme Court of Ohio's	59
decision in State, ex rel. Ohio Academy of Trial Lawyers, v.	60
Sheward (1999), 86 Ohio St.3d 451; (2) to clarify the status of	61
the law; and (3) to revive the law as it existed prior to the Tort	62
Reform Act.	63

Section 2.01. That sections 1701.95, 1707.01, 1901.18,	64
2101.31, 2305.25, 2305.251, 2305.37, 2307.24, 2307.27, 2307.30,	65
2307.60, 2307.61, 2313.46, 2315.23, 2315.24, 2743.18, 2743.19,	66
2744.01, 2744.02, 2744.03, 2744.05, 3123.17, 4112.02, 4507.07,	67
4513.263, 4582.27, and 5111.81 be amended; that sections 2307.24	68
(2307.16), 2307.27 (2307.17), 2307.30 (2307.18), 2315.07	69
(2315.05), 2315.08 (2315.06), 2315.23 (2315.08), and 2315.24	70
(2315.09) be amended for the purpose of adopting new section	71
numbers as indicated in parentheses; that sections 109.36,	72
2117.06, 2125.01, 2125.02, 2125.04, 2305.10, 2305.16, 2305.27,	73
2305.38, 2307.31, 2307.32, 2307.75, 2307.80, 2315.01, 2315.19,	74
2315.21, 2501.02, 2744.06, 3722.08, 4112.14, 4113.52, 4171.10, and	75
4399.18 be revived and amended; that section 2315.18 (2315.07) be	76
revived, amended, and amended, for the purpose of adopting a new	77
section number as indicated in parentheses; and that sections	78
163.17, 723.01, 1343.03, 1775.14, 2305.01, 2305.11, 2305.35,	79
2307.33, 2307.71, 2307.72, 2307.73, 2307.78, 2315.20, 2317.62,	80
2323.51, 2744.04, 4112.99, 4909.42, 5591.36, and 5591.37 of the	81
Revised Code be revived, all to read as follows:	82

Sec. 109.36.  As used in this section and sections 109.361 to	83
109.366 of the Revised Code:	84

(A) "Officer or employee" means any person who, at the time	85
a cause of action against himthe person arises, is serving in an	86
elected or appointed office or position with the state or is	87
employed by the state or any person that, at the time a cause of	88
action against the person, partnership, or corporation arises, is	89
rendering medical, nursing, dental, podiatric, optometric,	90
physical therapeutic, psychiatric, or psychological services	91
pursuant to a personal services contract or purchased service	92
contract with a department, agency, or institution of the state;	93
or is rendering medical services to patients in a state	94
institution operated by the department of mental health, is a	95
member of the institution's staff, and is performing the services	96
pursuant to an agreement between the state institution and a board	97
of alcohol, drug addiction, and mental health services described	98
in section 340.021 of the Revised Code. "Officer or employee"	99
does not include any person elected, appointed, or employed by any	100
political subdivision of the state.	101

(B) "State" means the state of Ohio, including but not	102
limited to, the general assembly, the supreme court, the offices	103
of all elected state officers, and all departments, boards,	104
offices, commissions, agencies, institutions, and other	105
instrumentalities of the state of Ohio. "State" does not include	106
political subdivisions.	107

(C) "Political subdivisions" of the state means municipal	108
corporations, townships, counties, school districts, and all other	109
bodies corporate and politic responsible for governmental	110
activities only in geographical areas smaller than that of the	111
state.	112

(D) "Employer" means the general assembly, the supreme	113
court, any office of an elected state officer, or any department,	114
board, office, commission, agency, institution, or other	115
instrumentality of the state of Ohio that employs or contracts	116
with an officer or employee or to which an officer or employee is	117
elected or appointed.	118

Sec. 163.17.  Where the agency has the right to take	119
possession of the property before the verdict upon payment into	120
court of a deposit, and a portion of said deposit may be withdrawn	121
immediately by the owner, the amount of the verdict which exceeds	122
the portion of the deposit withdrawable shall be subject to	123
interest from the date of taking to the date of actual payment of	124
the award.	125

Where the agency has no right to take possession of the	126
property before the verdict, if the award is not paid to the owner	127
or deposited in court within twenty-one days after journalization	128
of the verdict, interest thereafter shall accrue, except that	129
where the owner appeals, interest shall not accrue until the	130
agency takes possession.	131

If the owner appeals and is granted a larger award, interest	132
shall be paid on the additional amount awarded from the date of	133
taking possession to the date of actual payment or date of deposit	134
with immediate right of withdrawal.	135

If the agency wishes to appeal, it may require the deposit to	136
remain with the court pending final disposition of the case	137
provided it pays interest on the final award from date of taking	138
possession to the date the money is actually paid or made	139
available to the owner; provided, the owner may withdraw the	140
entire award upon posting an appropriate refund bond set by the	141
court; and provided, that where a building or other structure is	142
taken, the court may, on application of the owner, permit the	143
owner to withdraw a reasonable portion of the award allocable to	144
the building without giving bond.	145

If the amount of any deposit actually withdrawn by the owner	146
exceeds the final award from which no appeal is or can be taken,	147
then the owner at the time of entry of judgment on such award	148
shall refund at once to the court for the account of the agency	149
the amount of such excess plus interest on such excess from the	150
date of withdrawal of such excess until the date of such refund,	151
and upon the failure of the owner to make such refund, the agency	152
shall be entitled to a money judgment against the owner.	153

Except for cases involving the department of transportation,	154
interest as provided for in this section shall be at the rate of	155
interest for judgments as set forth in section 1343.03 of the	156
Revised Code. In a case involving the appropriation of property	157
by the department of transportation, and the department is the	158
sole public agency seeking to appropriate property in the case,	159
interest as provided for in this section shall be at the per annum	160
rate of either the interest rate as defined and established in	161
division (B) of section 5703.47 of the Revised Code, or ten per	162
cent, whichever is less.	163

Sec. 723.01.  Municipal corporations shall have special power	164
to regulate the use of the streets. Except as provided in section	165
5501.49 of the Revised Code, the legislative authority of a	166
municipal corporation shall have the care, supervision, and	167
control of the public highways, streets, avenues, alleys,	168
sidewalks, public grounds, bridges, aqueducts, and viaducts within	169
the municipal corporation, and the municipal corporation shall	170
cause them to be kept open, in repair, and free from nuisance.	171

Sec. 1343.03.  (A) In cases other than those provided for in	172
sections 1343.01 and 1343.02 of the Revised Code, when money	173
becomes due and payable upon any bond, bill, note, or other	174
instrument of writing, upon any book account, upon any settlement	175
between parties, upon all verbal contracts entered into, and upon	176
all judgments, decrees, and orders of any judicial tribunal for	177
the payment of money arising out of tortious conduct or a contract	178
or other transaction, the creditor is entitled to interest at the	179
rate of ten per cent per annum, and no more, unless a written	180
contract provides a different rate of interest in relation to the	181
money that becomes due and payable, in which case the creditor is	182
entitled to interest at the rate provided in that contract.	183

(B) Except as provided in divisions (C) and (D) of this	184
section, interest on a judgment, decree, or order for the payment	185
of money rendered in a civil action based on tortious conduct,	186
including, but not limited to a civil action based on tortious	187
conduct that has been settled by agreement of the parties, shall	188
be computed from the date the judgment, decree, or order is	189
rendered to the date on which the money is paid.	190

(C) Interest on a judgment, decree, or order for the payment	191
of money rendered in a civil action based on tortious conduct and	192
not settled by agreement of the parties, shall be computed from	193
the date the cause of action accrued to the date on which the	194
money is paid if, upon motion of any party to the action, the	195
court determines at a hearing held subsequent to the verdict or	196
decision in the action that the party required to pay the money	197
failed to make a good faith effort to settle the case and that the	198
party to whom the money is to be paid did not fail to make a good	199
faith effort to settle the case.	200

(D) Divisions (B) and (C) of this section do not apply to a	201
judgment, decree, or order rendered in a civil action based on	202
tortious conduct if a different period for computing interest on	203
it is specified by law, or if it is rendered in an action against	204
the state in the court of claims, or in an action under Chapter	205
4123. of the Revised Code.	206

Sec. 1701.95.  (A)(1) In addition to any other liabilities	207
imposed by law upon directors of a corporation and except as	208
provided in division (B) of this section, directors shall be	209
jointly and severally liable to the corporation as provided in	210
division (A)(2) of this section if they vote for or assent to any	211
of the following:	212

(a) The payment of a dividend or distribution, the making of	213
a distribution of assets to shareholders, or the purchase or	214
redemption of the corporation's own shares, contrary in any such	215
case to law or the articles;	216

(b) A distribution of assets to shareholders during the	217
winding up of the affairs of the corporation, on dissolution or	218
otherwise, without the payment of all known obligations of the	219
corporation or without making adequate provision for their	220
payment;	221

(c) The making of a loan, other than in the usual course of	222
business, to an officer, director, or shareholder of the	223
corporation, other than in either of the following cases:	224

(i) In the case of a savings and loan association or of a	225
corporation engaged in banking or in the making of loans	226
generally;	227

(ii) At the time of the making of the loan, a majority of	228
the disinterested directors of the corporation voted for the loan	229
and, taking into account the terms and provisions of the loan and	230
other relevant factors, determined that the making of the loan	231
could reasonably be expected to benefit the corporation.	232

(2)(a) In cases under division (A)(1)(a) of this section,	233
directors shall be jointly and severally liable up to the amount	234
of the dividend, distribution, or other payment, in excess of the	235
amount that could have been paid or distributed without violation	236
of law or the articles but not in excess of the amount that would	237
inure to the benefit of the creditors of the corporation if it was	238
insolvent at the time of the payment or distribution or there was	239
reasonable ground to believe that by that action it would be	240
rendered insolvent, plus the amount that was paid or distributed	241
to holders of shares of any class in violation of the rights of	242
holders of shares of any other class.	243

(b) In cases under division (A)(1)(b) of this section,	244
directors shall be jointly and severally liable to the extent that	245
the obligations of the corporation that are not otherwise barred	246
by statute are not paid or for the payment of which adequate	247
provision has not been made.	248

(c) In cases under division (A)(1)(c) of this section,	249
directors shall be jointly and severally liable for the amount of	250
the loan with interest on it at the rate specified in division (A)	251
of section 1343.03 of the Revised Code until the amount has been	252
paid.	253

(B)(1) A director is not liable under division (A)(1)(a) or	254
(b) of this section if, in determining the amount available for	255
any dividend, purchase, redemption, or distribution to	256
shareholders, the director in good faith relied on a financial	257
statement of the corporation prepared by an officer or employee of	258
the corporation in charge of its accounts or certified by a public	259
accountant or firm of public accountants, the director in good	260
faith considered the assets to be of their book value, or the	261
director followed what the director believed to be sound	262
accounting and business practice.	263

(2) A director is not liable under division (A)(1)(c) of	264
this section for making any loan to, or guaranteeing any loan to	265
or other obligation of, an employee stock ownership plan, as	266
defined in section 4975(e)(7) of the Internal Revenue Code.	267

(C) A director who is present at a meeting of the directors	268
or a committee of the directors at which action on any matter is	269
authorized or taken and who has not voted for or against the	270
action shall be presumed to have voted for the action unless that	271
director's written dissent from the action is filed, either during	272
the meeting or within a reasonable time after the adjournment of	273
the meeting, with the person acting as secretary of the meeting or	274
with the secretary of the corporation.	275

(D) A shareholder who knowingly receives any dividend,	276
distribution, or payment made contrary to law or the articles	277
shall be liable to the corporation for the amount received by that	278
shareholder that is in excess of the amount that could have been	279
paid or distributed without violation of law or the articles.	280

(E) A director against whom a claim is asserted under or	281
pursuant to this section and who is held liable on the claim shall	282
be entitled to contribution, on equitable principles, from other	283
directors who also are liable. In addition, any director against	284
whom a claim is asserted under or pursuant to this section or who	285
is held liable shall have a right of contribution from the	286
shareholders who knowingly received any dividend, distribution, or	287
payment made contrary to law or the articles, and those	288
shareholders as among themselves also shall be entitled to	289
contribution in proportion to the amounts received by them	290
respectively.	291

(F) No action shall be brought by or on behalf of a	292
corporation upon aany cause of action arising under division	293
(A)(1)(a) or (b) of this section at any time after two years from	294
the day on which the violation occurs.	295

(G) Nothing contained in this section shall preclude a	296
creditor whose claim is unpaid from exercising the rights that	297
that creditor otherwise would have by law to enforce that	298
creditor's claim against assets of the corporation paid or	299
distributed to shareholders.	300

(H) The failure of a corporation to observe corporate	301
formalities relating to meetings of directors or shareholders in	302
connection with the management of the corporation's affairs shall	303
not be considered a factor tending to establish that the	304
shareholders have personal liability for corporate obligations.	305

Sec. 1707.01.  As used in this chapter:

306

(A) Whenever the context requires it, "division" or	307
"division of securities" may be read as "director of commerce" or	308
as "commissioner of securities."	309

(B) "Security" means any certificate or instrument that	310
represents title to or interest in, or is secured by any lien or	311
charge upon, the capital, assets, profits, property, or credit of	312
any person or of any public or governmental body, subdivision, or	313
agency. It includes shares of stock, certificates for shares of	314
stock, membership interests in limited liability companies,	315
voting-trust certificates, warrants and options to purchase	316
securities, subscription rights, interim receipts, interim	317
certificates, promissory notes, all forms of commercial paper,	318
evidences of indebtedness, bonds, debentures, land trust	319
certificates, fee certificates, leasehold certificates, syndicate	320
certificates, endowment certificates, certificates or written	321
instruments in or under profit-sharing or participation agreements	322
or in or under oil, gas, or mining leases, or certificates or	323
written instruments of any interest in or under the same, receipts	324
evidencing preorganization or reorganization subscriptions,	325
preorganization certificates, reorganization certificates,	326
certificates evidencing an interest in any trust or pretended	327
trust, any investment contract, any life settlement interest, any	328
instrument evidencing a promise or an agreement to pay money,	329
warehouse receipts for intoxicating liquor, and the currency of	330
any government other than those of the United States and Canada,	331
but sections 1707.01 to 1707.45 of the Revised Code do not apply	332
to the sale of real estate.	333

(C)(1) "Sale" has the full meaning of "sale" as applied by	334
or accepted in courts of law or equity, and includes every	335
disposition, or attempt to dispose, of a security or of an	336
interest in a security. "Sale" also includes a contract to sell,	337
an exchange, an attempt to sell, an option of sale, a solicitation	338
of a sale, a solicitation of an offer to buy, a subscription, or	339
an offer to sell, directly or indirectly, by agent, circular,	340
pamphlet, advertisement, or otherwise.	341

(2) "Sell" means any act by which a sale is made.

342

(3) The use of advertisements, circulars, or pamphlets in	343
connection with the sale of securities in this state exclusively	344
to the purchasers specified in division (D) of section 1707.03 of	345
the Revised Code is not a sale when the advertisements, circulars,	346
and pamphlets describing and offering those securities bear a	347
readily legible legend in substance as follows: "This offer is	348
made on behalf of dealers licensed under sections 1707.01 to	349
1707.45 of the Revised Code, and is confined in this state	350
exclusively to institutional investors and licensed dealers."	351

(4) The offering of securities by any person in conjunction	352
with a licensed dealer by use of advertisement, circular, or	353
pamphlet is not a sale if that person does not otherwise attempt	354
to sell securities in this state.	355

(5) Any security given with, or as a bonus on account of,	356
any purchase of securities is conclusively presumed to constitute	357
a part of the subject of that purchase and has been "sold."	358

(6) "Sale" by an owner, pledgee, or mortgagee, or by a	359
person acting in a representative capacity, includes sale on	360
behalf of such party by an agent, including a licensed dealer or	361
salesperson.	362

(D) "Person," except as otherwise provided in this chapter,	363
means a natural person, firm, partnership, limited partnership,	364
partnership association, syndicate, joint-stock company,	365
unincorporated association, trust or trustee except where the	366
trust was created or the trustee designated by law or judicial	367
authority or by a will, and a corporation or limited liability	368
company organized under the laws of any state, any foreign	369
government, or any political subdivision of a state or foreign	370
government.	371

(E)(1) "Dealer," except as otherwise provided in this	372
chapter, means every person, other than a salesperson, who engages	373
or professes to engage, in this state, for either all or part of	374
the person's time, directly or indirectly, either in the business	375
of the sale of securities for the person's own account, or in the	376
business of the purchase or sale of securities for the account of	377
others in the reasonable expectation of receiving a commission,	378
fee, or other remuneration as a result of engaging in the purchase	379
and sale of securities. "Dealer" does not mean any of the	380
following:	381

(a) Any issuer, including any officer, director, employee,	382
or trustee of, or member or manager of, or partner in, or any	383
general partner of, any issuer, that sells, offers for sale, or	384
does any act in furtherance of the sale of a security that	385
represents an economic interest in that issuer, provided no	386
commission, fee, or other similar remuneration is paid to or	387
received by the issuer for the sale;	388

(b) Any licensed attorney, public accountant, or firm of	389
such attorneys or accountants, whose activities are incidental to	390
the practice of the attorney's, accountant's, or firm's	391
profession;	392

(c) Any person that, for the account of others, engages in	393
the purchase or sale of securities that are issued and outstanding	394
before such purchase and sale, if a majority or more of the equity	395
interest of an issuer is sold in that transaction, and if, in the	396
case of a corporation, the securities sold in that transaction	397
represent a majority or more of the voting power of the	398
corporation in the election of directors;	399

(d) Any person that brings an issuer together with a	400
potential investor and whose compensation is not directly or	401
indirectly based on the sale of any securities by the issuer to	402
the investor;	403

(e) Any bank, savings and loan association, savings bank, or	404
credit union chartered under the laws of the United States or any	405
state of the United States, provided that all transactions are	406
consummated by or through a person licensed pursuant to section	407
1707.14 of the Revised Code;	408

(f) Any person that the division of securities by rule	409
exempts from the definition of "dealer" under division (E)(1) of	410
this section.	411

(2) "Licensed dealer" means a dealer licensed under this	412
chapter.	413

(F)(1) "Salesman" or "salesperson" means every natural	414
person, other than a dealer, who is employed, authorized, or	415
appointed by a dealer to sell securities within this state.	416

(2) The general partners of a partnership, and the executive	417
officers of a corporation or unincorporated association, licensed	418
as a dealer are not salespersons within the meaning of this	419
definition, nor are such clerical or other employees of an issuer	420
or dealer as are employed for work to which the sale of securities	421
is secondary and incidental; but the division of securities may	422
require a license from any such partner, executive officer, or	423
employee if it determines that protection of the public	424
necessitates the licensing.	425

(3) "Licensed salesperson" means a salesperson licensed	426
under this chapter.	427

(G) "Issuer" means every person who has issued, proposes to	428
issue, or issues any security.	429

(H) "Director" means each director or trustee of a	430
corporation, each trustee of a trust, each general partner of a	431
partnership, except a partnership association, each manager of a	432
partnership association, and any person vested with managerial or	433
directory power over an issuer not having a board of directors or	434
trustees.	435

(I) "Incorporator" means any incorporator of a corporation	436
and any organizer of, or any person participating, other than in a	437
representative or professional capacity, in the organization of an	438
unincorporated issuer.	439

(J) "Fraud," "fraudulent," "fraudulent acts," "fraudulent	440
practices," or "fraudulent transactions" means anything recognized	441
on or after July 22, 1929, as such in courts of law or equity; any	442
device, scheme, or artifice to defraud or to obtain money or	443
property by means of any false pretense, representation, or	444
promise; any fictitious or pretended purchase or sale of	445
securities; and any act, practice, transaction, or course of	446
business relating to the purchase or sale of securities that is	447
fraudulent or that has operated or would operate as a fraud upon	448
the seller or purchaser.	449

(K) Except as otherwise specifically provided, whenever any	450
classification or computation is based upon "par value," as	451
applied to securities without par value, the average of the	452
aggregate consideration received or to be received by the issuer	453
for each class of those securities shall be used as the basis for	454
that classification or computation.	455

(L)(1) "Intangible property" means patents, copyrights,	456
secret processes, formulas, services, good will, promotion and	457
organization fees and expenses, trademarks, trade brands, trade	458
names, licenses, franchises, any other assets treated as	459
intangible according to generally accepted accounting principles,	460
and securities, accounts receivable, or contract rights having no	461
readily determinable value.	462

(2) "Tangible property" means all property other than	463
intangible property and includes securities, accounts receivable,	464
and contract rights, when the securities, accounts receivable, or	465
contract rights have a readily determinable value.	466

(M) "Public utilities" means those utilities defined in	467
sections 4905.02, 4905.03, 4907.02, and 4907.03 of the Revised	468
Code; in the case of a foreign corporation, it means those	469
utilities defined as public utilities by the laws of its domicile;	470
and in the case of any other foreign issuer, it means those	471
utilities defined as public utilities by the laws of the situs of	472
its principal place of business. The term always includes	473
railroads whether or not they are so defined as public utilities.	474

(N) "State" means any state of the United States, any	475
territory or possession of the United States, the District of	476
Columbia, and any province of Canada.	477

(O) "Bank" means any bank, trust company, savings and loan	478
association, savings bank, or credit union that is incorporated or	479
organized under the laws of the United States, any state of the	480
United States, Canada, or any province of Canada and that is	481
subject to regulation or supervision by that country, state, or	482
province.	483

(P) "Include," when used in a definition, does not exclude	484
other things or persons otherwise within the meaning of the term	485
defined.	486

(Q)(1) "Registration by description" means that the	487
requirements of section 1707.08 of the Revised Code have been	488
complied with.	489

(2) "Registration by qualification" means that the	490
requirements of sections 1707.09 and 1707.11 of the Revised Code	491
have been complied with.	492

(3) "Registration by coordination" means that there has been	493
compliance with section 1707.091 of the Revised Code. Reference in	494
this chapter to registration by qualification also shall be deemed	495
to include registration by coordination unless the context	496
otherwise indicates.	497

(R) "Intoxicating liquor" includes all liquids and compounds	498
that contain more than three and two-tenths per cent of alcohol by	499
weight and are fit for use for beverage purposes.	500

(S) "Institutional investor" means any corporation, bank,	501
insurance company, pension fund or pension fund trust, employees'	502
profit-sharing fund or employees' profit-sharing trust, any	503
association engaged, as a substantial part of its business or	504
operations, in purchasing or holding securities, or any trust in	505
respect of which a bank is trustee or cotrustee. "Institutional	506
investor" does not include any business entity formed for the	507
primary purpose of evading sections 1707.01 to 1707.45 of the	508
Revised Code.	509

(T) "Securities Act of 1933," 48 Stat. 74, 15 U.S.C. 77a,	510
"Securities Exchange Act of 1934," 48 Stat. 881, 15 U.S.C. 78a,	511
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1,	512
"Investment Advisers Act of 1940," 54 Stat. 847, 15 U.S.C. 80b,	513
and "Investment Company Act of 1940," 54 Stat. 789, 15 U.S.C. 80a	514
mean the federal statutes of those names as amended before or	515
after March 18, 1999.	516

(U) "Securities and exchange commission" means the	517
securities and exchange commission established by the Securities	518
Exchange Act of 1934.	519

(V)(1) "Control bid" means the purchase of or offer to	520
purchase any equity security of a subject company from a resident	521
of this state if either of the following applies:	522

(a) After the purchase of that security, the offeror would	523
be directly or indirectly the beneficial owner of more than ten	524
per cent of any class of the issued and outstanding equity	525
securities of the issuer.	526

(b) The offeror is the subject company, there is a pending	527
control bid by a person other than the issuer, and the number of	528
the issued and outstanding shares of the subject company would be	529
reduced by more than ten per cent.	530

(2) For purposes of division (V)(1) of this section,	531
"control bid" does not include any of the following:	532

(a) A bid made by a dealer for the dealer's own account in	533
the ordinary course of business of buying and selling securities;	534

(b) An offer to acquire any equity security solely in	535
exchange for any other security, or the acquisition of any equity	536
security pursuant to an offer, for the sole account of the	537
offeror, in good faith and not for the purpose of avoiding the	538
provisions of this chapter, and not involving any public offering	539
of the other security within the meaning of Section 4 of Title I	540
of the "Securities Act of 1933," 48 Stat. 77, 15 U.S.C.A. 77d(2),	541
as amended;	542

(c) Any other offer to acquire any equity security, or the	543
acquisition of any equity security pursuant to an offer, for the	544
sole account of the offeror, from not more than fifty persons, in	545
good faith and not for the purpose of avoiding the provisions of	546
this chapter.	547

(W) "Offeror" means a person who makes, or in any way	548
participates or aids in making, a control bid and includes persons	549
acting jointly or in concert, or who intend to exercise jointly or	550
in concert any voting rights attached to the securities for which	551
the control bid is made and also includes any subject company	552
making a control bid for its own securities.	553

(X)(1) "Investment adviser" means any person who, for	554
compensation, engages in the business of advising others, either	555
directly or through publications or writings, as to the value of	556
securities or as to the advisability of investing in, purchasing,	557
or selling securities, or who, for compensation and as a part of	558
regular business, issues or promulgates analyses or reports	559
concerning securities.	560

(2) "Investment adviser" does not mean any of the following:

561

(a) Any attorney, accountant, engineer, or teacher, whose	562
performance of investment advisory services described in division	563
(X)(1) of this section is solely incidental to the practice of the	564
attorney's, accountant's, engineer's, or teacher's profession;	565

(b) A publisher of any bona fide newspaper, news magazine,	566
or business or financial publication of general and regular	567
circulation;	568

(c) A person who acts solely as an investment adviser	569
representative;	570

(d) A bank holding company, as defined in the "Bank Holding	571
Company Act of 1956," 70 Stat. 133, 12 U.S.C. 1841, that is not an	572
investment company;	573

(e) A bank, or any receiver, conservator, or other	574
liquidating agent of a bank;	575

(f) Any licensed dealer or licensed salesperson whose	576
performance of investment advisory services described in division	577
(X)(1) of this section is solely incidental to the conduct of the	578
dealer's or salesperson's business as a licensed dealer or	579
licensed salesperson and who receives no special compensation for	580
the services;	581

(g) Any person, the advice, analyses, or reports of which do	582
not relate to securities other than securities that are direct	583
obligations of, or obligations guaranteed as to principal or	584
interest by, the United States, or securities issued or guaranteed	585
by corporations in which the United States has a direct or	586
indirect interest, and that have been designated by the secretary	587
of the treasury as exempt securities as defined in the "Securities	588
Exchange Act of 1934," 48 Stat. 881, 15 U.S.C. 78c;	589

(h) Any person that is excluded from the definition of	590
investment adviser pursuant to section 202(a)(11)(A) to (E) of the	591
"Investment Advisers Act of 1940," 15 U.S.C. 80b-2(a)(11), or that	592
has received an order from the securities and exchange commission	593
under section 202(a)(11)(F) of the "Investment Advisers Act of	594
1940," 15 U.S.C. 80b-2(a)(11)(F), declaring that the person is not	595
within the intent of section 202(a)(11) of the Investment Advisers	596
Act of 1940.	597

(i) Any other person that the division designates by rule,	598
if the division finds that the designation is necessary or	599
appropriate in the public interest or for the protection of	600
investors or clients and consistent with the purposes fairly	601
intended by the policy and provisions of this chapter.	602

(Y)(1) "Subject company" means an issuer that satisfies both	603
of the following:	604

(a) Its principal place of business or its principal	605
executive office is located in this state, or it owns or controls	606
assets located within this state that have a fair market value of	607
at least one million dollars.	608

(b) More than ten per cent of its beneficial or record	609
equity security holders are resident in this state, more than ten	610
per cent of its equity securities are owned beneficially or of	611
record by residents in this state, or more than one thousand of	612
its beneficial or record equity security holders are resident in	613
this state.	614

(2) The division of securities may adopt rules to establish	615
more specific application of the provisions set forth in division	616
(Y)(1) of this section. Notwithstanding the provisions set forth	617
in division (Y)(1) of this section and any rules adopted under	618
this division, the division, by rule or in an adjudicatory	619
proceeding, may make a determination that an issuer does not	620
constitute a "subject company" under division (Y)(1) of this	621
section if appropriate review of control bids involving the issuer	622
is to be made by any regulatory authority of another jurisdiction.	623

(Z) "Beneficial owner" includes any person who directly or	624
indirectly through any contract, arrangement, understanding, or	625
relationship has or shares, or otherwise has or shares, the power	626
to vote or direct the voting of a security or the power to dispose	627
of, or direct the disposition of, the security. "Beneficial	628
ownership" includes the right, exercisable within sixty days, to	629
acquire any security through the exercise of any option, warrant,	630
or right, the conversion of any convertible security, or	631
otherwise. Any security subject to any such option, warrant,	632
right, or conversion privilege held by any person shall be deemed	633
to be outstanding for the purpose of computing the percentage of	634
outstanding securities of the class owned by that person, but	635
shall not be deemed to be outstanding for the purpose of computing	636
the percentage of the class owned by any other person. A person	637
shall be deemed the beneficial owner of any security beneficially	638
owned by any relative or spouse or relative of the spouse residing	639
in the home of that person, any trust or estate in which that	640
person owns ten per cent or more of the total beneficial interest	641
or serves as trustee or executor, any corporation or entity in	642
which that person owns ten per cent or more of the equity, and any	643
affiliate or associate of that person.	644

(AA) "Offeree" means the beneficial or record owner of any	645
security that an offeror acquires or offers to acquire in	646
connection with a control bid.	647

(BB) "Equity security" means any share or similar security,	648
or any security convertible into any such security, or carrying	649
any warrant or right to subscribe to or purchase any such	650
security, or any such warrant or right, or any other security	651
that, for the protection of security holders, is treated as an	652
equity security pursuant to rules of the division of securities.	653

(CC) "Investment company" has the same meaning as in section	654
3(A) of the "Investment Company Act of 1940," 54 Stat. 789, 15	655
U.S.C. 80a-1 to 80a-52.	656

(DD) "Penny stock" has the same meaning as in section	657
3(A)(51) of the "Securities Exchange Act of 1934," 48 Stat. 881,	658
15 U.S.C. 78a-78jj, and the rules, regulations, and orders issued	659
pursuant to that section.	660

(EE) "Going concern transaction" has the same meaning given	661
that term under the rules or regulations on the securities and	662
exchange commission issued pursuant to section 13(c) of the	663
"Securities Exchange Act of 1934," 48 Stat. 881, 15 U.S.C.	664
78a-78jj.	665

(FF) "Person acting on behalf of an issuer" means an	666
officer, director, or employee of an issuer.	667

(GG) "Blank check company," "roll-up transaction,"	668
"executive officer of an entity," and "direct participation	669
program" have the same meanings given those terms by rule or	670
regulation of the securities and exchange commission.	671

(HH) "Forward-looking statement" means any of the following:

672

(1) A statement containing a projection of revenues, income	673
including income loss, earnings per share including earnings loss	674
per share, capital expenditures, dividends, capital structure, or	675
other financial items;	676

(2) A statement of the plans and objectives of the	677
management of the issuer for future operations, including plans or	678
objectives relating to the products or services of the issuer;	679

(3) A statement of future economic performance, including	680
any statement of that nature contained in a discussion and	681
analysis of financial conditions by the management or in the	682
results of operations included pursuant to the rules and	683
regulations of the securities and exchange commission;	684

(4) Any disclosed statement of the assumptions underlying or	685
relating to a statement described in division (B)(1), (2), or (3)	686
of section 1707.437 of the Revised Code;	687

(5) Any report issued by an outside reviewer retained by an	688
issuer to the extent that the report relates to a forward-looking	689
statement made by the issuer;	690

(6) A statement containing a projection or estimate of any	691
other items that may be specified by rule or regulation of the	692
securities and exchange commission.	693

(II)(1) "Investment adviser representative" means a	694
supervised person of an investment adviser, provided that the	695
supervised person has more than five clients who are natural	696
persons other than excepted persons defined in division (KK)(EE)	697
of this section, and that more than ten per cent of the supervised	698
person's clients are natural persons other than excepted persons	699
defined in division (KK)(EE) of this section. "Investment adviser	700
representative" does not mean any of the following:	701

(a) A supervised person that does not on a regular basis	702
solicit, meet with, or otherwise communicate with clients of the	703
investment adviser;	704

(b) A supervised person that provides only investment	705
advisory services described in division (X)(1) of this section by	706
means of written materials or oral statements that do not purport	707
to meet the objectives or needs of specific individuals or	708
accounts;	709

(c) Any other person that the division designates by rule,	710
if the division finds that the designation is necessary or	711
appropriate in the public interest or for the protection of	712
investors or clients and is consistent with the provisions fairly	713
intended by the policy and provisions of this chapter.	714

(2) For the purpose of the calculation of clients in	715
division (II)(CC)(1) of this section, a natural person and the	716
following persons are deemed a single client: Any minor child of	717
the natural person; any relative, spouse, or relative of the	718
spouse of the natural person who has the same principal residence	719
as the natural person; all accounts of which the natural person or	720
the persons referred to in division (II)(CC)(2) of this section	721
are the only primary beneficiaries; and all trusts of which the	722
natural person or persons referred to in division (II)(CC)(2) of	723
this section are the only primary beneficiaries. Persons who are	724
not residents of the United States need not be included in the	725
calculation of clients under division (II)(CC)(1) of this section.	726

(3) If subsequent to March 18, 1999, amendments are enacted	727
or adopted defining "investment adviser representative" for	728
purposes of the Investment Advisers Act of 1940 or additional	729
rules or regulations are promulgated by the securities and	730
exchange commission regarding the definition of "investment	731
adviser representative" for purposes of the Investment Advisers	732
Act of 1940, the division of securities shall, by rule, adopt the	733
substance of the amendments, rules, or regulations, unless the	734
division finds that the amendments, rules, or regulations are not	735
necessary for the protection of investors or in the public	736
interest.	737

(JJ)(DD) "Supervised person" means a natural person who is	738
any of the following:	739

(1) A partner, officer, or director of an investment	740
adviser, or other person occupying a similar status or performing	741
similar functions with respect to an investment adviser;	742

(2) An employee of an investment adviser;

743

(3) A person who provides investment advisory services	744
described in division (X)(1) of this section on behalf of the	745
investment adviser and is subject to the supervision and control	746
of the investment adviser.	747

(KK)(EE) "Excepted person" means a natural person to whom	748
any of the following applies:	749

(1) Immediately after entering into the investment advisory	750
contract with the investment adviser, the person has at least	751
seven hundred fifty thousand dollars under the management of the	752
investment adviser.	753

(2) The investment adviser reasonably believes either of the	754
following at the time the investment advisory contract is entered	755
into with the person:	756

(a) The person has a net worth, together with assets held	757
jointly with a spouse, of more than one million five hundred	758
thousand dollars.	759

(b) The person is a qualified purchaser as defined in	760
division (LL)(FF) of this section.	761

(3) Immediately prior to entering into an investment	762
advisory contract with the investment adviser, the person is	763
either of the following:	764

(a) An executive officer, director, trustee, general	765
partner, or person serving in a similar capacity, of the	766
investment adviser;	767

(b) An employee of the investment adviser, other than an	768
employee performing solely clerical, secretarial, or	769
administrative functions or duties for the investment adviser,	770
which employee, in connection with the employee's regular	771
functions or duties, participates in the investment activities of	772
the investment adviser, provided that, for at least twelve months,	773
the employee has been performing such nonclerical, nonsecretarial,	774
or nonadministrative functions or duties for or on behalf of the	775
investment adviser or performing substantially similar functions	776
or duties for or on behalf of another company.	777

If subsequent to March 18, 1999, amendments are enacted or	778
adopted defining "excepted person" for purposes of the Investment	779
Advisers Act of 1940 or additional rules or regulations are	780
promulgated by the securities and exchange commission regarding	781
the definition of "excepted person" for purposes of the Investment	782
Advisers Act of 1940, the division of securities shall, by rule,	783
adopt the substance of the amendments, rules, or regulations,	784
unless the division finds that the amendments, rules, or	785
regulations are not necessary for the protection of investors or	786
in the public interest.	787

(LL)(FF)(1) "Qualified purchaser" means either of the	788
following:	789

(a) A natural person who owns not less than five million	790
dollars in investments as defined by rule by the division of	791
securities;	792

(b) A natural person, acting for the person's own account or	793
accounts of other qualified purchasers, who in the aggregate owns	794
and invests on a discretionary basis, not less than twenty-five	795
million dollars in investments as defined by rule by the division	796
of securities.	797

(2) If subsequent to March 18, 1999, amendments are enacted	798
or adopted defining "qualified purchaser" for purposes of the	799
Investment Advisers Act of 1940 or additional rules or regulations	800
are promulgated by the securities and exchange commission	801
regarding the definition of "qualified purchaser" for purposes of	802
the Investment Advisers Act of 1940, the division of securities	803
shall, by rule, adopt the amendments, rules, or regulations,	804
unless the division finds that the amendments, rules, or	805
regulations are not necessary for the protection of investors or	806
in the public interest.	807

(MM)(GG)(1) "Purchase" has the full meaning of "purchase" as	808
applied by or accepted in courts of law or equity and includes	809
every acquisition of, or attempt to acquire, a security or an	810
interest in a security. "Purchase" also includes a contract to	811
purchase, an exchange, an attempt to purchase, an option to	812
purchase, a solicitation of a purchase, a solicitation of an offer	813
to sell, a subscription, or an offer to purchase, directly or	814
indirectly, by agent, circular, pamphlet, advertisement, or	815
otherwise.	816

(2) "Purchase" means any act by which a purchase is made.

817

(3) Any security given with, or as a bonus on account of,	818
any purchase of securities is conclusively presumed to constitute	819
a part of the subject of that purchase.	820

(NN)(HH) "Life settlement interest" means the entire	821
interest or any fractional interest in an insurance policy or	822
certificate of insurance, or in an insurance benefit under such a	823
policy or certificate, that is the subject of a life settlement	824
contract.	825

For purposes of this division, "life settlement contract"	826
means an agreement for the purchase, sale, assignment, transfer,	827
devise, or bequest of any portion of the death benefit or	828
ownership of any life insurance policy or contract, in return for	829
consideration or any other thing of value that is less than the	830
expected death benefit of the life insurance policy or contract.	831
"Life settlement contract" includes a viatical settlement contract	832
as defined in section 3916.01 of the Revised Code, but does not	833
include any of the following:	834

(1) A loan by an insurer under the terms of a life insurance	835
policy, including, but not limited to, a loan secured by the cash	836
value of the policy;	837

(2) An agreement with a bank that takes an assignment of a	838
life insurance policy as collateral for a loan;	839

(3) The provision of accelerated benefits as defined in	840
section 3915.21 of the Revised Code;	841

(4) Any agreement between an insurer and a reinsurer;

842

(5) An agreement by an individual to purchase an existing	843
life insurance policy or contract from the original owner of the	844
policy or contract, if the individual does not enter into more	845
than one life settlement contract per calendar year;	846

(6) The initial purchase of an insurance policy or	847
certificate of insurance from its owner by a viatical settlement	848
provider, as defined in section 3916.01 of the Revised Code, that	849
is licensed under Chapter 3916. of the Revised Code.	850

Sec. 1775.14.  (A) Subject to section 1339.65 of the Revised	851
Code and except as provided in division (B) of this section, all	852
partners are liable as follows:	853

(1) Jointly and severally for everything chargeable to the	854
partnership under sections 1775.12 and 1775.13 of the Revised	855
Code. This joint and several liability is not subject to division	856
(D) of section 2315.19 of the Revised Code with respect to a	857
negligence claim that otherwise is subject to that section.	858

(2) Jointly for all other debts and obligations of the	859
partnership, but any partner may enter into a separate obligation	860
to perform a partnership contract.	861

(B) Subject to divisions (C)(1) and (2) of this section or	862
as otherwise provided in a written agreement between the partners	863
of a registered limited liability partnership, a partner in a	864
registered limited liability partnership is not liable, directly	865
or indirectly, by way of indemnification, contribution,	866
assessment, or otherwise, for debts, obligations, or other	867
liabilities of any kind of, or chargeable to, the partnership or	868
another partner or partners arising from negligence or from	869
wrongful acts, errors, omissions, or misconduct, whether or not	870
intentional or characterized as tort, contract, or otherwise,	871
committed or occurring while the partnership is a registered	872
limited liability partnership and committed or occurring in the	873
course of the partnership business by another partner or an	874
employee, agent, or representative of the partnership.	875

(C)(1) Division (B) of this section does not affect the	876
liability of a partner in a registered limited liability	877
partnership for that partner's own negligence, wrongful acts,	878
errors, omissions, or misconduct, including that partner's own	879
negligence, wrongful acts, errors, omissions, or misconduct in	880
directly supervising any other partner or any employee, agent, or	881
representative of the partnership.	882

(2) Division (B) of this section shall not affect the	883
liability of a partner for liabilities imposed by Chapters 5735.,	884
5739., 5743., and 5747. and section 3734.908 of the Revised Code.	885

(D) A partner in a registered limited liability partnership	886
is not a proper party to an action or proceeding by or against a	887
registered limited liability partnership with respect to any debt,	888
obligation, or other liability of any kind described in division	889
(B) of this section, unless the partner is liable under divisions	890
(C)(1) and (2) of this section.	891

Sec. 1901.18.  (A) Except as otherwise provided in this	892
division or section 1901.181 of the Revised Code, subject to the	893
monetary jurisdiction of municipal courts as set forth in section	894
1901.17 of the Revised Code, a municipal court has original	895
jurisdiction within its territory in all of the following actions	896
or proceedings and to perform all of the following functions:	897

(1) In any civil action, of whatever nature or remedy, of	898
which judges of county courts have jurisdiction;	899

(2) In any action or proceeding at law for the recovery of	900
money or personal property of which the court of common pleas has	901
jurisdiction;	902

(3) In any action at law based on contract, to determine,	903
preserve, and enforce all legal and equitable rights involved in	904
the contract, to decree an accounting, reformation, or	905
cancellation of the contract, and to hear and determine all legal	906
and equitable remedies necessary or proper for a complete	907
determination of the rights of the parties to the contract;	908

(4) In any action or proceeding for the sale of personal	909
property under chattel mortgage, lien, encumbrance, or other	910
charge, for the foreclosure and marshalling of liens on personal	911
property of that nature, and for the rendering of personal	912
judgment in the action or proceeding;	913

(5) In any action or proceeding to enforce the collection of	914
its own judgments or the judgments rendered by any court within	915
the territory to which the municipal court has succeeded, and to	916
subject the interest of a judgment debtor in personal property to	917
satisfy judgments enforceable by the municipal court;	918

(6) In any action or proceeding in the nature of	919
interpleader;	920

(7) In any action of replevin;

921

(8) In any action of forcible entry and detainer;

922

(9) In any action concerning the issuance and enforcement of	923
temporary protection orders pursuant to section 2919.26 of the	924
Revised Code or protection orders pursuant to section 2903.213 of	925
the Revised Code or the enforcement of protection orders issued by	926
courts of another state, as defined in section 2919.27 of the	927
Revised Code;	928

(10) If the municipal court has a housing or environmental	929
division, in any action over which the division is given	930
jurisdiction by section 1901.181 of the Revised Code, provided	931
that, except as specified in division (B)(B) of that section, no	932
judge of the court other than the judge of the division shall hear	933
or determine any action over which the division has jurisdiction;	934

(11) In any action brought pursuant to division (I) of	935
section 3733.11 of the Revised Code, if the residential premises	936
that are the subject of the action are located within the	937
territorial jurisdiction of the court;	938

(12) In any civil action as described in division (B)(1) of	939
section 3767.41 of the Revised Code that relates to a public	940
nuisance, and, to the extent any provision of this chapter	941
conflicts or is inconsistent with a provision of that section, the	942
provision of that section shall control in the civil action.	943

(B) The Cleveland municipal court also shall have	944
jurisdiction within its territory in all of the following actions	945
or proceedings and to perform all of the following functions:	946

(1) In all actions and proceedings for the sale of real	947
property under lien of a judgment of the municipal court or a lien	948
for machinery, material, or fuel furnished or labor performed,	949
irrespective of amount, and, in those actions and proceedings, the	950
court may proceed to foreclose and marshal all liens and all	951
vested or contingent rights, to appoint a receiver, and to render	952
personal judgment irrespective of amount in favor of any party.	953

(2) In all actions for the foreclosure of a mortgage on real	954
property given to secure the payment of money or the enforcement	955
of a specific lien for money or other encumbrance or charge on	956
real property, when the amount claimed by the plaintiff does not	957
exceed fifteen thousand dollars and the real property is situated	958
within the territory, and, in those actions, the court may proceed	959
to foreclose all liens and all vested and contingent rights and	960
may proceed to render judgments and make findings and orders	961
between the parties in the same manner and to the same extent as	962
in similar actions in the court of common pleas.	963

(3) In all actions for the recovery of real property	964
situated within the territory to the same extent as courts of	965
common pleas have jurisdiction;	966

(4) In all actions for injunction to prevent or terminate	967
violations of the ordinances and regulations of the city of	968
Cleveland enacted or promulgated under the police power of the	969
city of Cleveland, pursuant to Section 3 of Article XVIII, Ohio	970
Constitution, over which the court of common pleas has or may have	971
jurisdiction, and, in those actions, the court may proceed to	972
render judgments and make findings and orders in the same manner	973
and to the same extent as in similar actions in the court of	974
common pleas.	975

Sec. 2101.31.  All questions of fact shall be determined by	976
the probate judge, unless hethe judge orders themthose questions	977
of fact to be tried bybefore a jury, or referred,refers those	978
questions of fact to a special master commissioner as provided in	979
sections 2101.06 and 2101.07, and sections 2315.26 to 2315.37,	980
inclusive, of the Revised Code.	981

Sec. 2117.06.  (A) All creditors having claims against an	982
estate, including claims arising out of contract, out of tort, on	983
cognovit notes, or on judgments, whether due or not due, secured	984
or unsecured, liquidated or unliquidated, shall present their	985
claims in one of the following manners:	986

(1) To the executor or administrator in a writing;

987

(2) To the executor or administrator in a writing, and to	988
the probate court by filing a copy of the writing with it;	989

(3) In a writing that is sent by ordinary mail addressed to	990
the decedent and that is actually received by the executor or	991
administrator within the appropriate time specified in division	992
(B) of this section. For purposes of this division, if an	993
executor or administrator is not a natural person, the writing	994
shall be considered as being actually received by the executor or	995
administrator only if the person charged with the primary	996
responsibility of administering the estate of the decedent	997
actually receives the writing within the appropriate time	998
specified in division (B) of this section.	999

(B) All claims shall be presented within one year after the	1000
death of the decedent, whether or not the estate is released from	1001
administration or an executor or administrator is appointed during	1002
that one-year period. Every claim presented shall set forth the	1003
claimant's address.	1004

(C) A claim that is not presented within one year aterafter	1005
the death of the decedent shall be forever barred as to all	1006
parties, including, but not limited to, devisees, legatees, and	1007
distributees. No payment shall be made on the claim and no action	1008
shall be maintained on the claim, except as otherwise provided in	1009
sections 2117.37 to 2117.42 of the Revised Code, with reference to	1010
contingent claims.	1011

(D) In the absence of any prior demand for allowance, the	1012
executor or administrator shall allow or reject all claims, except	1013
tax assessment claims, within thirty days after their	1014
presentation, provided that failure of the executor or	1015
administrator to allow or reject within that time shall not	1016
prevent himthe executor or administrator from doing so after that	1017
time and shall not prejudice the rights of any claimant. Upon the	1018
allowance of a claim, the executor or the administrator, on demand	1019
of the creditor, shall furnish the creditor with a written	1020
statement or memorandum of the fact and date of such allowance.	1021

(E) If the executor or administrator has actual knowledge of	1022
a pending action commenced against the decedent prior to histhe	1023
decedent's death in a court of record in this state, such executor	1024
or administrator shall file a notice of his the appointment of the	1025
executor or administrator in such pending action within ten days	1026
after acquiring such knowledge. If the administrator or executor	1027
is not a natural person, actual knowledge of a pending suit	1028
against the decedent shall be limited to the actual knowledge of	1029
the person charged with the primary responsibility of	1030
administering the estate of the decedent. Failure to file the	1031
notice within the ten-day period does not extend the claim period	1032
established by this section.	1033

(F) This section applies to any person who is required to	1034
give written notice to the executor or administrator of a motion	1035
or application to revive an action pending against the decedent at	1036
the date of the death of the decedent.	1037

(G) Nothing in this section or in section 2117.07 of the	1038
Revised Code shall be construed to reduce the time mentioned in	1039
section 2125.02, 2305.09, 2305.10, 2305.11, or 2305.12 of the	1040
Revised Code, provided that no portion of any recovery on a claim	1041
brought pursuant to any of those sections shall come from the	1042
assets of an estate, unless the claim has been presented against	1043
the estate in accordance with Chapter 2117. of the Revised Code.	1044

(H) Any person whose claim has been presented, and not	1045
thereafter rejected, is a creditor as that term is used in	1046
Chapters 2113. to 2125. of the Revised Code. Claims that are	1047
contingent need not be presented except as provided in sections	1048
2117.37 to 2117.42 of the Revised Code, but, whether presented	1049
pursuant to those sections or this section, contingent claims may	1050
be presented in any of the manners described in division (A) of	1051
this section.	1052

(I) If a creditor presents a claim against an estate in	1053
accordance with division (A)(2) of this section, the probate court	1054
shall not close the administration of the estate until that claim	1055
is allowed or rejected.	1056

(J) The probate court shall not require an executor or	1057
administrator to make and return into the court a schedule of	1058
claims against the estate.	1059

(K) If the executor or administrator makes a distribution of	1060
the assets of the estate prior to the expiration of the time for	1061
the filing of claims as set forth in this section, hethe executor	1062
or administrator shall provide notice to each distributee as	1063
provided in section 2113.533 of the Revised Code.	1064

Sec. 2125.01.  When the death of a person is caused by	1065
wrongful act, neglect, or default which would have entitled the	1066
party injured to maintain an action and recover damages if death	1067
had not ensued, the person who would have been liable if death had	1068
not ensued, or the administrator or executor of the estate of such	1069
person, as such administrator or executor, shall be liable to an	1070
action for damages, nothwithstandingnotwithstanding the death of	1071
the person injured and although the death was caused under	1072
circumstances which make it aggravated murder, murder, or	1073
manslaughter. When the action is against such administrator or	1074
executor, the damages recovered shall be a valid claim against the	1075
estate of such deceased person. No action for the wrongful death	1076
of a person may be maintained against the owner or lessee of the	1077
real property upon which the death occurred if the cause of the	1078
death was the violent unprovoked act of a party other than the	1079
owner, lessee, or a person under the control of the owner or	1080
lessee, unless the acts or omissions of the owner, lessee, or	1081
person under the control of the owner or lessee constitute gross	1082
negligence.	1083

When death is caused by a wrongful act, neglect, or default	1084
in another state or foreign country, for which a right to maintain	1085
an action and recover damages is given by a statute of such other	1086
state or foreign country, such right of action may be enforced in	1087
this state. Every such action shall be commenced within the time	1088
prescribed for the commencement of such actions by the statute	1089
of such other state or foreign country.	1090

The same remedy shall apply to any such cause of action now	1091
existing and to any such action commenced before January 1, 1932,	1092
or attempted to be commenced in proper time and now appearing on	1093
the files of any court within this state, and no prior law of this	1094
state shall prevent the maintenance of such cause of action.	1095

Sec. 2125.02.  (A)(1) Except as provided in this division,	1096
an action for wrongful death shall be brought in the name of the	1097
personal representative of the decedent for the exclusive benefit	1098
of the surviving spouse, the children, and the parents of the	1099
decedent, all of whom are rebuttably presumed to have suffered	1100
damages by reason of the wrongful death, and for the exclusive	1101
benefit of the other next of kin of the decedent. A parent who	1102
abandoned a minor child who is the decedent shall not receive any	1103
benefit in a wrongful death action brought under this division.	1104

(2) The jury, or the court if the action is not tried to a	1105
jury, may award damages authorized by division (B) of this	1106
section, as it determines are proportioned to the injury and loss	1107
resulting to the beneficiaries described in division (A)(1) of	1108
this section by reason of the wrongful death and may award the	1109
reasonable funeral and burial expenses incurred as a result of the	1110
wrongful death. In its verdict, the jury or court shall set forth	1111
separately the amount, if any, awarded for the reasonable funeral	1112
and burial expenses incurred as a result of the wrongful death.	1113

(3)(a) The date of the decedent's death fixes, subject to	1114
division (A)(3)(b)(iii) of this section, the status of all	1115
beneficiaries of the action for purposes of determining the	1116
damages suffered by them and the amount of damages to be awarded.	1117
A person who is conceived prior to the decedent's death and who is	1118
born alive after histhe decedent's death is a beneficiary of the	1119
action.	1120

(b)(i) In determining the amount of damages to be awarded,	1121
the jury or court may consider all factors existing at the time of	1122
the decedent's death that are relevant to a determination of the	1123
damages suffered by reason of the wrongful death.	1124

(ii) Consistent with the Rules of Evidence, any party to an	1125
action for wrongful death may present evidence of the cost of an	1126
annuity in connection with any issue of recoverable future	1127
damages. If such evidence is presented, then, in addition to the	1128
factors described in division (A)(3)(b)(i) of this section and, if	1129
applicable, division (A)(3)(b)(iii) of this section, the jury or	1130
court may consider that evidence in determining the future damages	1131
suffered by reason of the wrongful death. If such evidence is	1132
presented, the present value in dollars of any annuity is its	1133
cost.	1134

(iii) Consistent with the Rules of Evidence, any party to an	1135
action for wrongful death may present evidence that the surviving	1136
spouse of the decedent is remarried. If such evidence is	1137
presented, then, in addition to the factors described in divisions	1138
(A)(3)(b)(i) and (ii) of this section, the jury or court may	1139
consider that evidence in determining the damages suffered by the	1140
surviving spouse by reason of the wrongful death.	1141

(B) Compensatory damages may be awarded in an action for	1142
wrongful death and may include damages for the following:	1143

(1) Loss of support from the reasonably expected earning	1144
capacity of the decedent;	1145

(2) Loss of services of the decedent;

1146

(3) Loss of the society of the decedent, including loss of	1147
companionship, consortium, care, assistance, attention,	1148
protection, advice, guidance, counsel, instruction, training, and	1149
education, suffered by the surviving spouse, minor children,	1150
parents, or next of kin;	1151

(4) Loss of prospective inheritance to the decedent's heirs	1152
at law at the time of histhe decedent's death;	1153

(5) The mental anguish incurred by the surviving spouse,	1154
minor children, parents, or next of kin.	1155

(C) A personal representative appointed in this state, with	1156
the consent of the court making the appointment and at any time	1157
before or after the commencement of an action for wrongful death,	1158
may settle with the defendant the amount to be paid.	1159

(D) An action for wrongful death shall be commenced within	1160
two years after the decedent's death.	1161

(E)(1) If the personal representative of a deceased minor	1162
has actual knowledge or reasonable cause to believe that the minor	1163
was abandoned by a parent seeking to benefit from the wrongful	1164
death action or if any person listed in division (A)(1) of this	1165
section who is permitted to benefit in a wrongful death action	1166
filed in relation to a deceased minor has actual knowledge or	1167
reasonable cause to believe that the minor was abandoned by a	1168
parent seeking to benefit from the wrongful death action, the	1169
personal representative or the person may file a motion in the	1170
court in which the wrongful death action is filed requesting the	1171
court to issue an order finding that the parent abandoned the	1172
child and is not entitled to recover damages in the wrongful death	1173
action based on the death of the deceased minor child.	1174

(2) The movant who files a motion described in division	1175
(E)(1) of this section shall name the parent who abandoned the	1176
child and, whether or not that parent is a resident of this state,	1177
the parent shall be served with a summons and a copy of the motion	1178
in accordance with the Rules of Civil Procedure. Upon the filing	1179
of the motion, the court shall conduct a hearing. In the hearing	1180
on the motion, the movant has the burden of proving, by a	1181
preponderance of the evidence, that the parent abandoned the	1182
deceased minor child. If, at the hearing, the court finds that	1183
the movant has sustained that burden of proof, the court shall	1184
issue an order that includes its finding that the parent abandoned	1185
the deceased minor child and, because of the prohibition set forth	1186
in division (A) of this section, the parent is not entitled to	1187
recover damages in the wrongful death action based on the death of	1188
the deceased minor child.	1189

(3) A motion requesting a court to issue an order finding	1190
that the specified parent abandoned the child and is not entitled	1191
to recover damages in the wrongful death action based on the death	1192
of the deceased minor child may be filed at any time during the	1193
pendency of the wrongful death action.	1194

(F) As used in this section:

1195

(1) "Annuity" means an annuity that would be purchased from	1196
either of the following types of insurance companies:	1197

(a) An insurance company that the A. M. Best Company, in its	1198
most recently published rating guide of life insurance companies,	1199
has rated A or better and has rated XII or higher as to financial	1200
size or strength;	1201

(b)(i) An insurance company that the superintendent of	1202
insurance, under rules adopted pursuant to Chapter 119. of the	1203
Revised Code for purposes of implementing this division,	1204
determines is licensed to do business in this state and,	1205
considering the factors described in division (F)(1)(b)(ii) of	1206
this section, is a stable insurance company that issues annuities	1207
that are safe and desirable.	1208

(ii) In making determinations as described in division	1209
(F)(1)(b)(i) of this section, the superintendent shall be guided	1210
by the principle that the jury or court in an action for wrongful	1211
death should be presented only with evidence as to the cost of	1212
annuities that are safe and desirable for the beneficiaries of	1213
such an action who are awarded compensatory damages under this	1214
section. In making such determinations, the superintendent shall	1215
consider the financial condition, general standing, operating	1216
results, profitability, leverage, liquidity, amount and soundness	1217
of reinsurance, adequacy of reserves, and the management of any	1218
insurance company in question and also may consider ratings,	1219
grades, and classifications of any nationally recognized rating	1220
services of insurance companies and any other factors relevant to	1221
the making of such determinations.	1222

(2) "Future damages" means damages that result from the	1223
wrongful death and that will accrue after the verdict or	1224
determination of liability by the jury or court is rendered in the	1225
action for wrongful death.	1226

(3) "Abandoned" means that a parent of a minor failed without	1227
justifiable cause to communicate with the minor, care for himthe	1228
minor, and provide for histhe maintenance or support of the minor	1229
as required by law or judicial decree for a period of at least one	1230
year immediately prior to the date of the death of the minor.	1231

(4) "Minor" means a person who is less than eighteen years of	1232
age.	1233

Sec. 2125.04.  In every action for wrongful death commenced	1234
or attempted to be commenced within the time specified by section	1235
2125.02 of the Revised Code, if a judgment for the plaintiff is	1236
reversed or if the plaintiff fails otherwise than upon the merits,	1237
and the time limited by such section for the commencement of such	1238
action has expired at the date of such reversal or failure, the	1239
plaintiff or, if hethe plaintiff dies and the cause of action	1240
survives, histhe personal representative of the plaintiff may	1241
commence a new action within one year after such date.	1242

Sec. 2305.01.  The court of common pleas has original	1243
jurisdiction in all civil cases in which the sum or matter in	1244
dispute exceeds the exclusive original jurisdiction of county	1245
courts and appellate jurisdiction from the decisions of boards of	1246
county commissioners.	1247

The court of common pleas may on its own motion transfer for	1248
trial any action in the court to any municipal court in the county	1249
having concurrent jurisdiction of the subject matter of, and the	1250
parties to, the action, if the amount sought by the plaintiff does	1251
not exceed one thousand dollars and if the judge or presiding	1252
judge of the municipal court concurs in the proposed transfer.	1253
Upon the issuance of an order of transfer, the clerk of courts	1254
shall remove to the designated municipal court the entire case	1255
file. Any untaxed portion of the common pleas deposit for court	1256
costs shall be remitted to the municipal court by the clerk of	1257
courts to be applied in accordance with section 1901.26 of the	1258
Revised Code, and the costs taxed by the municipal court shall be	1259
added to any costs taxed in the common pleas court.	1260

The court of common pleas has jurisdiction in any action	1261
brought pursuant to division (I) of section 3733.11 of the Revised	1262
Code if the residential premises that are the subject of the	1263
action are located within the territorial jurisdiction of the	1264
court.	1265

The courts of common pleas of Adams, Athens, Belmont, Brown,	1266
Clermont, Columbiana, Gallia, Hamilton, Jefferson, Lawrence,	1267
Meigs, Monroe, Scioto, and Washington counties have jurisdiction	1268
beyond the north or northwest shore of the Ohio river extending to	1269
the opposite shore line, between the extended boundary lines of	1270
any adjacent counties or adjacent state. Each of those courts of	1271
common pleas has concurrent jurisdiction on the Ohio river with	1272
any adjacent court of common pleas that borders on that river and	1273
with any court of Kentucky or of West Virginia that borders on the	1274
Ohio river and that has jurisdiction on the Ohio river under the	1275
law of Kentucky or the law of West Virginia, whichever is	1276
applicable, or under federal law.	1277

Sec. 2305.10.  An action for bodily injury or injuring	1278
personal property shall be brought within two years after the	1279
cause thereof arose.	1280

For purposes of this section, a cause of action for bodily	1281
injury caused by exposure to asbestos or to chromium in any of its	1282
chemical forms arises upon the date on which the plaintiff is	1283
informed by competent medical authority that hethe plaintiff has	1284
been injured by such exposure, or upon the date on which, by the	1285
exercise of reasonable diligence, hethe plaintiff should have	1286
become aware that hethe plaintiff had been injured by the	1287
exposure, whichever date occurs first.	1288

For purposes of this section, a cause of action for bodily	1289
injury incurred by a veteran through exposure to chemical	1290
defoliants or herbicides or other causative agents, including	1291
agent orange, arises upon the date on which the plaintiff is	1292
informed by competent medical authority that hethe plaintiff has	1293
been injured by such exposure.	1294

As used in this section, "agent orange," "causative agent,"	1295
and "veteran" have the same meanings as in section 5903.21 of the	1296
Revised Code.	1297

For purposes of this section, a cause of action for bodily	1298
injury which may be caused by exposure to diethylstilbestrol or	1299
other nonsteroidal synthetic estrogens, including exposure before	1300
birth, upon the date on which the plaintiff learns from a licensed	1301
physician that hethe plaintiff has an injury which may be related	1302
to such exposure, or upon the date on which by the exercise of	1303
reasonable diligence hethe plaintiff should have become aware	1304
that hethe plaintiff has an injury which may be related to such	1305
exposure, whichever date occurs first.	1306

Sec. 2305.11.  (A) An action for libel, slander, malicious	1307
prosecution, or false imprisonment, an action for malpractice	1308
other than an action upon a medical, dental, optometric, or	1309
chiropractic claim, or an action upon a statute for a penalty or	1310
forfeiture shall be commenced within one year after the cause of	1311
action accrued, provided that an action by an employee for the	1312
payment of unpaid minimum wages, unpaid overtime compensation, or	1313
liquidated damages by reason of the nonpayment of minimum wages or	1314
overtime compensation shall be commenced within two years after	1315
the cause of action accrued.	1316

(B)(1) Subject to division (B)(2) of this section, an action	1317
upon a medical, dental, optometric, or chiropractic claim shall be	1318
commenced within one year after the cause of action accrued,	1319
except that, if prior to the expiration of that one-year period, a	1320
claimant who allegedly possesses a medical, dental, optometric, or	1321
chiropractic claim gives to the person who is the subject of that	1322
claim written notice that the claimant is considering bringing an	1323
action upon that claim, that action may be commenced against the	1324
person notified at any time within one hundred eighty days after	1325
the notice is so given.	1326

(2) Except as to persons within the age of minority or of	1327
unsound mind, as provided by section 2305.16 of the Revised Code:	1328

(a) In no event shall any action upon a medical, dental,	1329
optometric, or chiropractic claim be commenced more than four	1330
years after the occurrence of the act or omission constituting the	1331
alleged basis of the medical, dental, optometric, or chiropractic	1332
claim.	1333

(b) If an action upon a medical, dental, optometric, or	1334
chiropractic claim is not commenced within four years after the	1335
occurrence of the act or omission constituting the alleged basis	1336
of the medical, dental, optometric, or chiropractic claim, then,	1337
notwithstanding the time when the action is determined to accrue	1338
under division (B)(1) of this section, any action upon that claim	1339
is barred.	1340

(C) A civil action for unlawful abortion pursuant to section	1341
2919.12 of the Revised Code, a civil action authorized by division	1342
(H) of section 2317.56 of the Revised Code, a civil action	1343
pursuant to division (B)(1) or (2) of section 2307.51 of the	1344
Revised Code for performing a dilation and extraction procedure or	1345
attempting to perform a dilation and extraction procedure in	1346
violation of section 2919.15 of the Revised Code, and a civil	1347
action pursuant to division (B)(1) or (2) of section 2307.52 of	1348
the Revised Code for terminating or attempting to terminate a	1349
human pregnancy after viability in violation of division (A) or	1350
(B) of section 2919.17 of the Revised Code shall be commenced	1351
within one year after the performance or inducement of the	1352
abortion, within one year after the attempt to perform or induce	1353
the abortion in violation of division (A) or (B) of section	1354
2919.17 of the Revised Code, within one year after the performance	1355
of the dilation and extraction procedure, or, in the case of a	1356
civil action pursuant to division (B)(2) of section 2307.51 of the	1357
Revised Code, within one year after the attempt to perform the	1358
dilation and extraction procedure.	1359

(D) As used in this section:

1360

(1) "Hospital" includes any person, corporation, association,	1361
board, or authority that is responsible for the operation of any	1362
hospital licensed or registered in the state, including, but not	1363
limited to, those which are owned or operated by the state,	1364
political subdivisions, any person, any corporation, or any	1365
combination thereof. "Hospital" also includes any person,	1366
corporation, association, board, entity, or authority that is	1367
responsible for the operation of any clinic that employs a	1368
full-time staff of physicians practicing in more than one	1369
recognized medical specialty and rendering advice, diagnosis,	1370
care, and treatment to individuals. "Hospital" does not include	1371
any hospital operated by the government of the United States or	1372
any of its branches.	1373

(2) "Physician" means a person who is licensed to practice	1374
medicine and surgery or osteopathic medicine and surgery by the	1375
state medical board or a person who otherwise is authorized to	1376
practice medicine and surgery or osteopathic medicine and surgery	1377
in this state.	1378

(3) "Medical claim" means any claim that is asserted in any	1379
civil action against a physician, podiatrist, or hospital, against	1380
any employee or agent of a physician, podiatrist, or hospital, or	1381
against a registered nurse or physical therapist, and that arises	1382
out of the medical diagnosis, care, or treatment of any person.	1383
"Medical claim" includes derivative claims for relief that arise	1384
from the medical diagnosis, care, or treatment of a person.	1385

(4) "Podiatrist" means any person who is licensed to practice	1386
podiatric medicine and surgery by the state medical board.	1387

(5) "Dentist" means any person who is licensed to practice	1388
dentistry by the state dental board.	1389

(6) "Dental claim" means any claim that is asserted in any	1390
civil action against a dentist, or against any employee or agent	1391
of a dentist, and that arises out of a dental operation or the	1392
dental diagnosis, care, or treatment of any person. "Dental claim"	1393
includes derivative claims for relief that arise from a dental	1394
operation or the dental diagnosis, care, or treatment of a person.	1395

(7) "Derivative claims for relief" include, but are not	1396
limited to, claims of a parent, guardian, custodian, or spouse of	1397
an individual who was the subject of any medical diagnosis, care,	1398
or treatment, dental diagnosis, care, or treatment, dental	1399
operation, optometric diagnosis, care, or treatment, or	1400
chiropractic diagnosis, care, or treatment, that arise from that	1401
diagnosis, care, treatment, or operation, and that seek the	1402
recovery of damages for any of the following:	1403

(a) Loss of society, consortium, companionship, care,	1404
assistance, attention, protection, advice, guidance, counsel,	1405
instruction, training, or education, or any other intangible loss	1406
that was sustained by the parent, guardian, custodian, or spouse;	1407

(b) Expenditures of the parent, guardian, custodian, or	1408
spouse for medical, dental, optometric, or chiropractic care or	1409
treatment, for rehabilitation services, or for other care,	1410
treatment, services, products, or accommodations provided to the	1411
individual who was the subject of the medical diagnosis, care, or	1412
treatment, the dental diagnosis, care, or treatment, the dental	1413
operation, the optometric diagnosis, care, or treatment, or the	1414
chiropractic diagnosis, care, or treatment.	1415

(8) "Registered nurse" means any person who is licensed to	1416
practice nursing as a registered nurse by the state board of	1417
nursing.	1418

(9) "Chiropractic claim" means any claim that is asserted in	1419
any civil action against a chiropractor, or against any employee	1420
or agent of a chiropractor, and that arises out of the	1421
chiropractic diagnosis, care, or treatment of any person.	1422
"Chiropractic claim" includes derivative claims for relief that	1423
arise from the chiropractic diagnosis, care, or treatment of a	1424
person.	1425

(10) "Chiropractor" means any person who is licensed to	1426
practice chiropractic by the chiropractic examining board.	1427

(11) "Optometric claim" means any claim that is asserted in	1428
any civil action against an optometrist, or against any employee	1429
or agent of an optometrist, and that arises out of the optometric	1430
diagnosis, care, or treatment of any person. "Optometric claim"	1431
includes derivative claims for relief that arise from the	1432
optometric diagnosis, care, or treatment of a person.	1433

(12) "Optometrist" means any person licensed to practice	1434
optometry by the state board of optometry.	1435

(13) "Physical therapist" means any person who is licensed to	1436
practice physical therapy under Chapter 4755. of the Revised Code.	1437

Sec. 2305.16.  Unless otherwise provided in sections 1302.98,	1438
1304.35, and 2305.04 to 2305.14 of the Revised Code, if a person	1439
entitled to bring any action mentioned in those sections, unless	1440
for penalty or forfeiture, is, at the time the cause of action	1441
accrues, within the age of minority or of unsound mind, the person	1442
may bring it within the respective times limited by those	1443
sections, after the disability is removed. When the interests of	1444
two or more parties are joint and inseparable, the disability of	1445
one shall inure to the benefit of all.	1446

After the cause of action accrues, if the person entitled to	1447
bring the action becomes of unsound mind and is adjudicated as	1448
such by a court of competent jurisdiction or is confined in an	1449
institution or hospital under a diagnosed condition or disease	1450
which renders himthe person of unsound mind, the time during	1451
which hethe person is of unsound mind and so adjudicated or so	1452
confined shall not be computed as any part of the period within	1453
which the action must be brought.	1454

Sec. 2305.25. (A) No health care entityhospital, no state	1455
or local society, and no individual who is a member of or works on	1456
behalfemployee of any of the following boards or committees of a	1457
health care entity or of any of the following corporations shall	1458
be liable in damages to any person for any acts, omissions,	1459
decisions, or other conduct within the scope of the functions of	1460
the board, committee, or corporation:	1461

(1)(A) A peerutilization review committee, quality	1462
assurance, or tissue committee of a hospital or long-term care	1463
facility, a nonprofit health care corporation which is a member of	1464
the hospital or long-term care facility or of which the hospital	1465
or facility is a member, or a community mental health center;	1466

(2)(B) A board or committee of a hospital or long-term care	1467
facility or of a nonprofit health care corporation which is a	1468
member of the hospital or long-term care facility or of which the	1469
hospital or long-term care facility is a member reviewing	1470
professional qualifications or activities of the medical staff of	1471
the hospital or long-term care facility or applicants for	1472
admission to the medical staff;	1473

(3)(C) A utilization committee of a state or local society	1474
composed of doctors of medicine, doctors of osteopathic medicine,	1475
or doctors of podiatric medicine;	1476

(4)(D) A peer review committee, professional standards review	1477
committee, or arbitration committee of a state or local society	1478
composed of doctors of medicine, doctors of osteopathic medicine,	1479
doctors of dentistry, doctors of optometry, doctors of podiatric	1480
medicine, psychologists, or pharmacists;	1481

(5)(E) A peer review committee of a health insuring	1482
corporation that has at least a two-thirds majority of member	1483
physicians in active practice and that conducts professional	1484
credentialing and quality review activities involving the	1485
competence or professional conduct of health care providers, which	1486
conduct adversely affects, or could adversely affect, the health	1487
or welfare of any patient. For purposes of this division, "health	1488
insuring corporation" includes wholly owned subsidiaries of a	1489
health insuring corporation.	1490

(6)(F) A peer review committee of any insurer authorized	1491
under Title XXXIX of the Revised Code to do the business of	1492
sickness and accident insurance in this state that has at least a	1493
two-thirds majority of physicians in active practice and that	1494
conducts professional credentialing and quality review activities	1495
involving the competence or professional conduct of health care	1496
providers, which conduct adversely affects, or could adversely	1497
affect, the health or welfare of any patient;	1498

(7)(G) A peer review committee of any insurer authorized	1499
under Title XXXIX of the Revised Code to do the business of	1500
sickness and accident insurance in this state that has at least a	1501
two-thirds majority of physicians in active practice and that	1502
conducts professional credentialing and quality review activities	1503
involving the competence or professional conduct of a health care	1504
facility that has contracted with the insurer to provide health	1505
care services to insureds, which conduct adversely affects, or	1506
could adversely affect, the health or welfare of any patient;	1507

(8) A peer review committee of an insurer authorized under	1508
Title XXXIX of the Revised Code to do the business of medical	1509
professional liability insurance in this state and that conducts	1510
professional quality review activities involving the competence or	1511
professional conduct of health care providers, which conduct	1512
adversely affects, or could affect, the health or welfare of any	1513
patient;	1514

(9) A peer review committee of a health care entity.

1515

(B)(1) A hospital shall be presumed to not be negligent in	1516
the credentialing of a qualified person if the hospital proves by	1517
a preponderance of the evidence that at the time of the alleged	1518
negligent credentialing of the qualified person it was accredited	1519
by the joint commission on accreditation of health care	1520
organizations, the American osteopathic association, or the	1521
national committee for quality assurance.	1522

(2) The presumption that a hospital is not negligent as	1523
provided in division (B)(1) of this section may be rebutted only	1524
by proof, by a preponderance of the evidence, of any of the	1525
following:	1526

(a) The credentialing and review requirements of the	1527
accrediting organization did not apply to the hospital, the	1528
qualified person, or the type of professional care that is the	1529
basis of the claim against the hospital.	1530

(b) The hospital failed to comply with all material	1531
credentialing and review requirements of the accrediting	1532
organization that applied to the qualified person.	1533

(c) The hospital, through its medical staff executive	1534
committee or its governing body and sufficiently in advance to	1535
take appropriate action, knew that a previously competent	1536
qualified person with staff privileges at the hospital had	1537
developed a pattern of incompetence that indicated that the	1538
qualified person's privileges should have been limited prior to	1539
treating the plaintiff at the hospital.	1540

(d) The hospital, through its medical staff executive	1541
committee or its governing body and sufficiently in advance to	1542
take appropriate action, knew that a previously competent	1543
qualified person with staff privileges at the hospital would	1544
provide fraudulent medical treatment but failed to limit the	1545
qualified person's privileges prior to treating the plaintiff at	1546
the hospital.	1547

(3) If the plaintiff fails to rebut the presumption provided	1548
in division (B)(1) of this section, upon the motion of the	1549
hospital, the court shall enter judgment in favor of the hospital	1550
on the claim of negligent credentialing.	1551

(C) Nothing in this section otherwise shall relieve any	1552
individual or health care entityhospital from liability arising	1553
from treatment of a patient or resident. Nothing in this section	1554
shall be construed as creating an exception to section 2305.251 of	1555
the Revised Code.	1556

This section shall also apply to any member or employee of a	1557
nonprofit corporation engaged in performing the functions of a	1558
peer review committee of nursing home providers or administrators	1559
or of a peer review or professional standards review committee.	1560

(D) No person who provides information under this section	1561
without malice and in the reasonable belief that the information	1562
is warranted by the facts known to the person shall be subject to	1563
suit for civil damages as a result of providing the information.	1564

(E) As used in this section:

1565

(1) "Peer review committee" means a utilization review	1566
committee, quality assurance committee, quality improvement	1567
committee, tissue committee, credentialing committee, or other	1568
committee that conducts professional credentialing and quality	1569
review activities involving the competence or professional conduct	1570
of health care practitioners.	1571

(2) "Health care entity" means a government entity, a	1572
for-profit or nonprofit corporation, a limited liability company,	1573
a partnership, a professional corporation, a state or local	1574
society as described in division (A)(3) of this section, or other	1575
health care organization, including, but not limited to, health	1576
care entities described in division (A) of this section, whether	1577
acting on its own behalf or on behalf of or in affiliation with	1578
other health care entities, that conducts, as part of its purpose,	1579
professional credentialing or quality review activities involving	1580
the competence or professional conduct of health care	1581
practitioners or providers.	1582

(3) "Hospital" means either of the following:

1583

(a) An institution that has been registered or licensed by	1584
the Ohio department of health as a hospital;	1585

(b) An entity, other than an insurance company authorized to	1586
do business in this state, that owns, controls, or is affiliated	1587
with an institution that has been registered or licensed by the	1588
Ohio department of health as a hospital.	1589

(4) "Qualified person" means a member of the medical staff of	1590
a hospital or a person who has professional privileges at a	1591
hospital pursuant to section 3701.351 of the Revised Code.	1592

(F) This section shall be considered to be purely remedial	1593
in its operation and shall be applied in a remedial manner in any	1594
civil action in which this section is relevant, whether the civil	1595
action is pending in court or commenced on or after the effective	1596
date of this section, regardless of when the cause of action	1597
accrued and notwithstanding any other section of the Revised Code	1598
or prior rule of law of this state.	1599

Sec. 2305.251.  Proceedings and records within the scope of	1600
the peer review or utilization review functions of all review	1601
boards, committees, or corporations described in section 2305.25	1602
of the Revised Code shall be held in confidence and shall not be	1603
subject to discovery or introduction in evidence in any civil	1604
action against a health care professional, a hospital, a long-term	1605
care facility, a not-for-profit health care corporation that is a	1606
member of a hospital or long-term care facility or of which a	1607
hospital or long-term care facility is a member, or another health	1608
care entityinstitution arising out of matters that are the	1609
subject of evaluation and review by the review board, committee,	1610
or corporation. No person in attendance at a meeting of a review	1611
board, committee, or corporation or serving as a member or	1612
employee of a review board, committee, or corporation shall be	1613
permitted or required to testify in any civil action as to any	1614
evidence or other matters produced or presented during the	1615
proceedings of the review board, committee, or corporation or as	1616
to any finding, recommendation, evaluation, opinion, or other	1617
action of the review board, committee, or corporation or a member	1618
or employee of itthereof. Information, documents, or records	1619
otherwise available from original sources are not to be construed	1620
as being unavailable for discovery or for use in any civil action	1621
merely because they were presented during proceedings of a review	1622
board, committee, or corporation, nor should any person testifying	1623
before a review board, committee, or corporation or who is a	1624
member or employee of the review board, committee, or corporation	1625
be prevented from testifying as to matters within the person's	1626
knowledge, but the witness cannot be asked about the witness's	1627
testimony before the review board, committee, or corporation or an	1628
opinion formed by the witness as a result of the review board,	1629
committee, or corporation hearing. An order by a court to produce	1630
for discovery or for use at trial the proceedings or records	1631
described in this section is a final order.	1632

Sec. 2305.27. Except as provided in section 2743.02 of the	1633
Revised Code, in any medical claim, as defined in division (D) of	1634
section 2305.11 of the Revised Code, an award of damages shall not	1635
be reduced by insurance proceeds or payments or other benefits	1636
paid under any insurance policy or contract where the premium or	1637
cost of such insurance policy or contract was paid either by or	1638
for the person who has obtained the award, or by histhe person's	1639
employer, or both, or by direct payments from histhe person's	1640
employer, but shall be reduced by any other collateral recovery	1641
for medical and hospital care, custodial care or rehabilitation	1642
services, and loss of earned income. Unless otherwise expressly	1643
provided by statute, a collateral source of indemnity shall not be	1644
subrogated to the claimant against a physician, podiatrist, or	1645
hospital.	1646

Sec. 2305.35.  (A) As used in this section:

1647

(1) "Agency" has the same meaning as in section 2305.37 of	1648
the Revised Code.	1649

(2) "Donor" means an owner, lessee, renter, or operator of a	1650
farm or other real property who gives permission to a gleaner to	1651
enter the property to salvage free-of-charge food items remaining	1652
on the property for subsequent donations of the food items to, or	1653
subsequent distributions of the food items by, an agency or	1654
nonprofit organization.	1655

(3) "Gleaner" means any person that, with the permission of	1656
the owner, lessee, renter, or operator of a farm or other real	1657
property, enters the property to salvage free-of-charge food items	1658
remaining on the property for subsequent donations of the food	1659
items to, or subsequent distributions of the food items by, an	1660
agency or nonprofit organization.	1661

(4) "Hazard" means a risk of serious physical harm to persons	1662
or property.	1663

(5) "Nonprofit organization" means a corporation,	1664
association, group, institution, society, or other organization	1665
that is exempt from federal income taxation under section	1666
501(c)(3) of the "Internal Revenue Code of 1986," 100 Stat. 2085,	1667
26 U.S.C. 501(c)(3), as amended.	1668

(6) "Tort action" means a civil action for damages for	1669
injury, death, or loss to person or property. "Tort action"	1670
includes a product liability claim that is subject to sections	1671
2307.71 to 2307.80 of the Revised Code but does not include a	1672
civil action for damages for a breach of contract or another	1673
agreement between persons.	1674

(B)(1) Except as provided in division (B)(2) of this	1675
section, a donor is not liable in damages to any person in a tort	1676
action for injury, death, or loss to person or property sustained	1677
by a gleaner as a result of any of the following:	1678

(a) Any condition of the farm or other real property on	1679
which the gleaner is salvaging food items;	1680

(b) Any normal agricultural operations occurring on the farm	1681
or other real property on which the gleaner is salvaging food	1682
items;	1683

(c) Any risks of physical harm to persons or property	1684
involved in salvaging the food items the gleaner is salvaging.	1685

(2) The immunity described in division (B)(1) of this	1686
section does not apply to a donor in a tort action for injury,	1687
death, or loss to person or property sustained by a gleaner as a	1688
result of any condition, operations, or risks described in	1689
division (B)(1)(a), (b), or (c) of this section if the injury,	1690
death, or loss to person or property sustained by the gleaner was	1691
caused by any of the following actions or omissions:	1692

(a) An action or omission of the donor that constitutes	1693
negligence, if that negligence involves one or both of the	1694
following:	1695

(i) The failure of the donor to warn the gleaner of a hazard	1696
of which the donor had actual knowledge prior to the gleaner	1697
entering the property;	1698

(ii) The creation or enhancement of a hazard by the donor	1699
prior to the gleaner entering the property.	1700

(b) An action or omission of the donor that constitutes	1701
willful or wanton misconduct or intentionally tortious conduct;	1702

(c) An action or omission of an employee of the donor, a	1703
family member of the donor or another person associated with the	1704
donor that is imputable to the donor and that constitutes	1705
negligence, if that negligence involves one or both of the	1706
following:	1707

(i) The failure of the employee, family member, or other	1708
associated person to warn the gleaner of a hazard of which the	1709
employee, family member, or other associated person had actual	1710
knowledge prior to the gleaner entering the property;	1711

(ii) The creation or enhancement of a hazard by the	1712
employee, family member, or other associated person prior to the	1713
gleaner entering the property.	1714

(d) An action or omission of an employee of the donor, a	1715
family member of the donor, or another person associated with the	1716
donor, that is imputable to the donor and that constitutes willful	1717
or wanton misconduct.	1718

(C)(1) This section does not create a new cause of action or	1719
substantive legal right against donors.	1720

(2) This section does not affect any immunities from or	1721
defenses to tort liability established by another section of the	1722
Revised Code or available at common law, to which donors may be	1723
entitled under circumstances not covered by this section.	1724

Sec. 2305.37.  (A) As used in this section:

1725

(1) "Agency" means any nonhospital, charitable nonprofit	1726
corporation that is organized and operated pursuant to Chapter	1727
1702. of the Revised Code and that satisfies both of the	1728
following, or any nonhospital, charitable association, group,	1729
institution, organization, or society that is not organized and	1730
not operated for profit and that satisfies both of the following:	1731

(a) It distributes perishable food, directly or indirectly,	1732
to individuals in need.	1733

(b) It does not charge or accept any form of compensation	1734
from the individuals in need for the distribution of the	1735
perishable food to them.	1736

(2) "Food service operation" has the same meaning as in	1737
section 3717.01 of the Revised Code.	1738

(3) "Food that is gleaned" means perishable food that	1739
remains on a farm or other real property and that the owner,	1740
lessee, renter, or operator of the property permits one or more	1741
persons to salvage free-of-charge for subsequent donation to one	1742
or more agencies.	1743

(4) "Harm" means injury, death, or loss to person or	1744
property.	1745

(5) "Hospital" has the same meaning as in section 2108.01,	1746
3701.01, or 5122.01 of the Revised Code.	1747

(6) "Individuals in need" means those persons who an agency	1748
determines are eligible to receive free distributions of	1749
perishable food because of poverty, illness, disability, infancy,	1750
or other conditions or circumstances that may result in persons	1751
having a need to receive free distributions of perishable food.	1752

(7) "Perishable food" means any food that may spoil or	1753
otherwise become unfit for human consumption because of its	1754
nature, age, or physical condition. "Perishable food" includes,	1755
but is not limited to, fresh meats, processed meats, poultry, fish	1756
and other seafood, dairy products, bakery products, eggs in the	1757
shell, fresh fruits, fresh vegetables, food that is gleaned, food	1758
that is packaged, refrigerated, or frozen, food that is canned,	1759
and prepared or other food that has not been served by a	1760
restaurant, cafeteria, hospital, hotel, caterer, or other food	1761
service operation to any customer, patient, or other person in the	1762
ordinary course of business, by a public or private school,	1763
college, university, or other educational institution to a student	1764
or another person on the premises in the ordinary course of the	1765
operation of the institution, or by a fraternal, veteran's, or	1766
other organization to its members or other persons on the premises	1767
in the ordinary course of the operation of the organization.	1768

(8) "Person" has the same meaning as in section 1.59 of the	1769
Revised Code and additionally includes governmental entities.	1770

(9) "Sale date" has the same meaning as in section 3715.171	1771
of the Revised Code.	1772

(10) "Tort action" means a civil action for damages for	1773
injury, death, or loss to person or property. "Tort action"	1774
includes a product liability claim that is subject to sections	1775
2307.71 to 2307.80 of the Revised Code but does not include a	1776
civil action for a breach of contract or another agreement between	1777
persons.	1778

(B) Notwithstanding Chapter 3715. of the Revised Code, a	1779
person who, in good faith, donates perishable food to an agency is	1780
not liable in damages in a tort action for harm that allegedly	1781
arises because that perishable food, when distributed by the	1782
agency or any other agency to a particular individual in need, is	1783
not fit for human consumption, if both of the following apply:	1784

(1) Prior to the donation of the perishable food to the	1785
agency, the person determines that the perishable food will be fit	1786
for human consumption at the time of its donation. A presumption	1787
favoring liability does not arise because the perishable food is	1788
donated to an agency on or after an applicable sale date.	1789

(2) The person does not make the determination that the	1790
perishable food will be fit for human consumption at the time of	1791
its donation to the agency in a manner that constitutes negligence	1792
or willful or wanton misconduct.	1793

(C)(1) This section does not create a new cause of action or	1794
substantive legal right against persons who donate perishable food	1795
to an agency.	1796

(2) This section does not affect any immunities from or	1797
defenses to tort liability established by another section of the	1798
Revised Code or available at common law to which persons who	1799
donate perishable food other than to agencies may be entitled.	1800

Sec. 2305.38.  (A) As used in this section:

1801

(1) "Charitable organization" means either of the following:

1802

(a) Any charitable nonprofit corporation that is organized	1803
and operated pursuant to Chapter 1702. of the Revised Code,	1804
including, but not limited to, any such corporation whose articles	1805
of incorporation specify that it is organized and to be operated	1806
for an education-related purpose;	1807

(b) Any charitable association, group, institution, or	1808
society that is not organized and not operated for profit,	1809
including, but not limited to, any such association, group,	1810
institution, or society that is organized and operated for any	1811
education-related purpose.	1812

(2) "Compensation" does not include actual and necessary	1813
expenses that are incurred by a volunteer in connection with the	1814
services that hethe volunteer performs for a charitable	1815
organization, and that are reimbursed to the volunteer or	1816
otherwise paid.	1817

(3) "Corporate services" means services that are performed by	1818
a volunteer who is associated with a charitable organization as	1819
defined in division (A)(1)(a) of this section and that reflect	1820
duties or responsibilities arising under Chapter 1702. of the	1821
Revised Code.	1822

(4) "Supervisory services" means services that are performed	1823
by a volunteer who is associated with a charitable organization as	1824
defined in division (A)(1)(a) or (b) of this section and that	1825
involve duties and responsibilities in connection with the	1826
supervision of one or more officers, employees, trustees, or other	1827
volunteers of that charitable organization.	1828

(5) "Volunteer" means an officer, trustee, or other person	1829
who performs services for a charitable organization but does not	1830
receive compensation, either directly or indirectly, for those	1831
services.	1832

(B) A volunteer is not liable in damages in a civil action	1833
for injury, death, or loss to personsperson or property that	1834
arises from the actions or omissions of any of the officers,	1835
employees, trustees, or other volunteers of the charitable	1836
organization for which hethe volunteer performs services, unless	1837
either of the following applies:	1838

(1) With prior knowledge of an action or omission of a	1839
particular officer, employee, trustee, or other volunteer, the	1840
volunteer authorizes, approves, or otherwise actively participates	1841
in that action or omission;.	1842

(2) After an action or omission of a particular officer,	1843
employee, trustee, or other volunteer, the volunteer, with full	1844
knowledge of that action or omission, ratifies it.	1845

(C) A volunteer is not liable in damages in a civil action	1846
for injury, death, or loss to personsperson or property that	1847
arises from histhe volunteer's actions or omissions in connection	1848
with any supervisory or corporate services that hethe volunteer	1849
performs for the charitable organization, unless either of the	1850
following applies:	1851

(1) An action or omission of the volunteer involves conduct	1852
as described in division (B)(1) or (2) of this section;	1853

(2) An action or omission of the volunteer constitutes	1854
willful or wanton misconduct or intentionally tortious conduct.	1855

(D) A volunteer is not liable in damages in a civil action	1856
for injury, death, or loss to personsperson or property that	1857
arises from histhe volunteer's actions or omissions in connection	1858
with any nonsupervisory or noncorporate services that hethe	1859
volunteer performs for the charitable organization, unless either	1860
of the following applies:	1861

(1) An action or omission of the volunteer involves conduct	1862
as described in division (B)(1) or (2) of this section;	1863

(2) An action or omission of the volunteer constitutes	1864
negligence, willful or wanton misconduct, or intentionally	1865
tortious conduct.	1866

(E)(1) This section does not create, and shall not be	1867
construed as creating, a new cause of action or substantive legal	1868
right against a volunteer.	1869

(2) This section does not affect, and shall not be construed	1870
as affecting, any immunities from civil liability or defenses	1871
established by another section of the Revised Code or available at	1872
common law, to which a volunteer may be entitled under	1873
circumstances not covered by this section. This section does not	1874
diminish in any respect the immunities provided in section 2305.25	1875
of the Revised Code. The immunities conferred upon volunteers in	1876
this section are not intended to affect the liability of a	1877
charitable organization in a civil action for injury, death, or	1878
loss to personsperson or property.	1879

Sec. 2307.24.        Sec. 2307.16.  A partnership formed for the purpose	1880
of carrying on a trade or business in this state, or holding	1881
property in this state, may sue or be sued by the usual or	1882
ordinary name which isthat it has assumed, or by which it is	1883
known.	1884

Sec. 2307.27.        Sec. 2307.17.  In an action for the recovery of real	1885
or personal property, a person claiming an interest in the	1886
property, on his application, may be made a party.	1887

Sec. 2307.30.        Sec. 2307.18. AnA judicial officer against whom an	1888
action is brought to recover personal property taken by himthe	1889
officer on execution, or for the proceeds of such property sold by	1890
himthe officer, upon exhibiting to the court the process under	1891
which hethe officer acted, with histhe officer's affidavit that	1892
the property was taken or sold by himthe officer under such	1893
process, may have the benefit of section 2307.29 of the Revised	1894
CodeCivil Rule 22, against the party in whose favor the execution	1895
issued.	1896

Sec. 2307.31.  (A) Except as otherwise provided in this	1897
section or section 2307.32 of the Revised Code, if two or more	1898
persons are jointly and severally liable in tort for the same	1899
injury or loss to person or property or for the same wrongful	1900
death, there is a right of contribution among them even though	1901
judgment has not been recovered against all or any of them. The	1902
right of contribution exists only in favor of a tortfeasor who has	1903
paid more than histhat tortfeasor's proportionate share of the	1904
common liability, and histhat tortfeasor's total recovery is	1905
limited to the amount paid by himthat tortfeasor in excess of his	1906
that tortfeasor's proportionate share. No tortfeasor is compelled	1907
to make contribution beyond histhat tortfeasor's own	1908
proportionate share of the common liability. There is no right of	1909
contribution in favor of any tortfeasor who intentionally has	1910
caused or intentionally has contributed to the injury or loss to	1911
person or property or the wrongful death.	1912

(B) A tortfeasor who enters into a settlement with a	1913
claimant is not entitled recover contribution from another	1914
tortfeasor whose liability for the injury or loss to person or	1915
property or the wrongful death is not extinguished by the	1916
settlement, or in respect to any amount paid in a settlement which	1917
is in excess of what is reasonable.	1918

(C) A liability insurer that by payment has discharged in	1919
full or in part of the liability of a tortfeasor and has thereby	1920
discharged in full its obligation as insurer is subrogated to the	1921
tortfeasor's right of contribution to the extent of the amount it	1922
has paid in excess of the tortfeasor's proportionate share of the	1923
common liability. This division does not limit or impair any right	1924
of subrogation arising from any other relationship.	1925

(D) This section does not impair any right of indemnity	1926
under existing law. If one tortfeasor is entitled to indemnity	1927
from another, the right of the indemnity obligee is for indemnity	1928
and not contribution, and the indemnity obligor is not entitled to	1929
contribution from the obligee for any portion of histhe indemnity	1930
obligation.	1931

(E) This section does not apply to breaches of trust or of	1932
other fiduciary obligations.	1933

(F) The proportionate shares of tortfeasors in the common	1934
liability shall be based upon their relative degrees of legal	1935
responsibility. If equity requires the collective liability of	1936
some as a group, the group shall constitute a single share, and	1937
prinicples of equity applicable to contribution generally shall	1938
apply.	1939

(G) Whether or not judgment has been entered in an action	1940
against two or more tortfeasors for the same injury or loss to	1941
person or property or for the same wrongful death, contribution	1942
may be enforced by separate action.	1943

(H) Whenever the provisions of the "Federal Tort Claims	1944
Act," 60 Stat. 842 (1946), 28 U.S.C. 2671 et seq., are applicable	1945
to a tort and the United States is held liable in tort, the United	1946
States shall have no right of contribution hereunder against the	1947
state pursuant to the waiver of sovereign immunity contained in	1948
Chapter 2743. of the Revised Code.	1949

Sec. 2307.32.  (A) If a judgment that imposes joint and	1950
several liability has been entered in an action against two or	1951
more tortfeasors for the same injury or loss to person or property	1952
or for the same wrongful death, contribution may be enforced in	1953
that action by judgment in favor of one against other judgment	1954
debtors, by motion, upon notice to all parties to the action.	1955

(B) If there is a judgment for the injury or loss to person	1956
or property or the wrongful death against the tortfeasor seeking	1957
contribution, any separate action by himthat tortfeasor to	1958
enforce contribution shall be commenced within one year after the	1959
judgment has become final by lapse of time for appeal or after	1960
appellate review.	1961

(C) If there is no judgment for the injury or loss to person	1962
or property or the wrongful death against the tortfeasor seeking	1963
contribution, histhat tortfeasor's right of contribution is	1964
barred unless he that tortfeasor either has discharged by payment	1965
the common liability within the statute of limitations period	1966
applicable to the claimant's right of action against himthat	1967
tortfeasor and has commenced histhat tortfeasor's action for	1968
contribution within one year after payment, or has agreed while an	1969
action is pending against himthat tortfeasor to discharge the	1970
common liability and has within one year after the agreement paid	1971
the common liability and commenced histhat tortfeasor's action	1972
for contribution.	1973

(D) The recovery of a judgment for an injury or loss to	1974
person or property or a wrongful death against one tortfeasor does	1975
not of itself discharge the other tortfeasors from liability for	1976
the injury, loss, or wrongful death unless the judgment is	1977
satisfied. The satisfaction of the judgment does not impair any	1978
right of contribution.	1979

(E) Valid answers to interrogatories by a jury or findings	1980
of fact by a court sitting without a jury in determining the	1981
liability of the several defendants for an injury or loss to	1982
person or property or a wrongful death shall be binding as among	1983
such defendants in determining their right to contribution.	1984

(F) When a release or a covenant not to sue or not to	1985
enforce judgment is given in good faith to one of two or more	1986
persons liable in tort for the same injury or loss to person or	1987
property or the same wrongful death, the following apply:	1988

(1) The release or covenant does not discharge any of the	1989
other tortfeasors from liability for the injury, loss, or wrongful	1990
death unless its terms otherwise provide, but it reduces the claim	1991
against the other tortfeasors to the extent of any amount	1992
stipulated by the release or the covenant, or in the amount of the	1993
consideration paid for it, whichever is the greater;.	1994

(2) The release or covenant discharges the tortfeasor to	1995
whom it is given from all liability for contribution to any other	1996
tortfeasor.	1997

Sec. 2307.33.  (A) Neither section 2307.31 nor 2307.32 of	1998
the Revised Code applies to a negligence claim to the extent that	1999
division (D) of section 2315.19 of the Revised Code makes a party	2000
against whom a judgment is entered liable to the complainant only	2001
for the proportionate share of that party as described in division	2002
(D)(1)(a) of that section.	2003

(B) Sections 2307.31 and 2307.32 of the Revised Code apply	2004
to a negligence claim if division (D) of section 2315.19 of the	2005
Revised Code is not applicable to that claim.	2006

Sec. 2307.60. (A) Anyone injured in person or property by a	2007
criminal act has, and may recover full damages in, a civil action	2008
unless specifically excepted by law, may recover the costs of	2009
maintaining the civil action and attorney's fees if authorized by	2010
any provision of the Rules of Civil Procedure or another section	2011
of the Revised Code or under the common law of this state, and may	2012
recover punitive or exemplary damages if authorized by section	2013
2315.21 or another section of the Revised Code. ANo record of a	2014
conviction, unless obtained by confession in open court, shall not	2015
be used as evidence in a civil action brought pursuant to division	2016
(A) of this section.	2017

(B)(1) As used in division (B) of this section:

2018

(a) "Harm" means injury, death, or loss to person or	2019
property.	2020

(b) "Tort action" means a civil action for damages for	2021
injury, death, or loss to person or property other than a civil	2022
action for damages for a breach of contract or another agreement	2023
between persons "Tort action" includes, but is not limited to, a	2024
product liability claim, an action for wrongful death under	2025
Chapter 2125. of the Revised Code, and an action based on	2026
derivative claims for relief.	2027

(2) Recovery on a claim for relief in a tort action is	2028
barred to any person or the person's legal representative if the	2029
person has been convicted of or has pleaded guilty to a felony, or	2030
to a misdemeanor that is an offense of violence, arising out of	2031
criminal conduct that was a proximate cause of the injury or loss	2032
for which relief is claimed in the action.	2033

(3) Division (B) of this section does not apply to civil	2034
claims based upon alleged intentionally tortious conduct, alleged	2035
violations of the United States Constitution, or alleged	2036
violations of statutes of the United States pertaining to civil	2037
rights.	2038

Sec. 2307.61.  (A) If a property owner brings a civil action	2039
pursuant to division (A) of section 2307.60 of the Revised Code to	2040
recover damages from any person who willfully damages the owner's	2041
property or who commits a theft offense, as defined in section	2042
2913.01 of the Revised Code, involving the owner's property, the	2043
property owner may recover as follows:	2044

(1) In the civil action, the property owner may elect to	2045
recover moneys as described in division (A)(1)(a) or (b) of this	2046
section:	2047

(a) Compensatory damages that may include, but are not	2048
limited to, the value of the property and liquidated damages in	2049
whichever of the following amounts applies:	2050

(i) Fifty dollars, if the value of the property was fifty	2051
dollars or less at the time it was willfully damaged or was the	2052
subject of a theft offense;	2053

(ii) One hundred dollars, if the value of the property was	2054
more than fifty dollars, but not more than one hundred dollars, at	2055
the time it was willfully damaged or was the subject of a theft	2056
offense;	2057

(iii) One hundred fifty dollars, if the value of the	2058
property was more than one hundred dollars at the time it was	2059
willfully damaged or was the subject of a theft offense.	2060

(b) Liquidated damages in whichever of the following amounts	2061
is greater:	2062

(i) Two hundred dollars;

2063

(ii) Three times the value of the property at the time it	2064
was willfully damaged or was the subject of a theft offense,	2065
irrespective of whether the property is recovered by way of	2066
replevin or otherwise, is destroyed or otherwise damaged, is	2067
modified or otherwise altered, or is resalable at its full market	2068
price. This division does not apply to a check, negotiable order	2069
of withdrawal, share draft, or other negotiable instrument that	2070
was returned or dishonored for insufficient funds by a financial	2071
institution if the check, negotiable order of withdrawal, share	2072
draft, or other negotiable instrument was presented by an	2073
individual borrower to a check-cashing business licensed pursuant	2074
to sections 1315.35 to 1315.44 of the Revised Code for a	2075
check-cashing loan transaction.	2076

(2) In a civil action in which the value of the property	2077
that was willfully damaged or was the subject of a theft offense	2078
is less than five thousand dollars, the property owner may recover	2079
damages as described in division (A)(1)(a) or (b) of this section	2080
and additionally may recover the reasonable administrative costs,	2081
if any, of the property owner that were incurred in connection	2082
with actions taken pursuant to division (A)(2) of this section,	2083
the cost of maintaining the civil action, and reasonable	2084
attorney's fees, if all of the following apply:	2085

(a) The property owner, at least thirty days prior to the	2086
filing of the civil action, serves a written demand for payment of	2087
moneys as described in division (A)(1)(a) of this section and the	2088
reasonable administrative costs, if any, of the property owner	2089
that have been incurred in connection with actions taken pursuant	2090
to division (A)(2) of this section, upon the person who willfully	2091
damaged the property or committed the theft offense.	2092

(b) The demand conforms to the requirements of division (C)	2093
of this section and is sent by certified mail, return receipt	2094
requested.	2095

(c) Either the person who willfully damaged the property or	2096
committed the theft offense does not make payment to the property	2097
owner of the amount specified in the demand within thirty days	2098
after the date of its service upon that person and does not enter	2099
into an agreement with the property owner during that thirty-day	2100
period for that payment or the person who willfully damaged the	2101
property or committed the theft offense enters into an agreement	2102
with the property owner during that thirty-day period for that	2103
payment but does not make that payment in accordance with the	2104
agreement.	2105

(B) If a property owner who brings a civil action pursuant	2106
to division (A) of section 2307.60 of the Revised Code to recover	2107
damages for willful damage to property or for a theft offense	2108
attempts to collect the reasonable administrative costs, if any,	2109
of the property owner that have been incurred in connection with	2110
actions taken pursuant to division (A)(2) of this section, the	2111
cost of maintaining the civil action, and reasonable attorney's	2112
fees under authority of that division and if the defendant	2113
prevails in the civil action, the defendant may recover from the	2114
property owner reasonable attorney's fees, the cost of defending	2115
the civil action, and any compensatory damages that may be proven.	2116

(C) For purposes of division (A)(2) of this section, a	2117
written demand for payment shall include a conspicuous notice to	2118
the person upon whom the demand is to be served that indicates all	2119
of the following:	2120

(1) The willful property damage or theft offense that the	2121
person allegedly committed;	2122

(2) That, if the person makes payment of the amount	2123
specified in the demand within thirty days after its service upon	2124
the person or enters into an agreement with the property owner	2125
during that thirty-day period for that payment and makes that	2126
payment in accordance with the agreement, the person cannot be	2127
sued by the property owner in a civil action in relation to the	2128
willful property damage or theft offense;	2129

(3) That, if the person fails to make payment of the amount	2130
specified in the demand within thirty days after the date of its	2131
service upon the person and fails to enter into an agreement for	2132
that payment with the property owner during that thirty-day period	2133
or enters into an agreement for that payment with the property	2134
owner during that thirty-day period but does not make that payment	2135
in accordance with the agreement, the person may be sued in a	2136
civil action in relation to the willful property damage or theft	2137
offense;	2138

(4) The potential judgment that the person may be required	2139
to pay if the person is sued in a civil action in relation to the	2140
willful property damage or theft offense and judgment is rendered	2141
against the person in that civil action;	2142

(5) That, if the person is sued in a civil action by the	2143
property owner in relation to the willful property damage or theft	2144
offense, if the civil action requests that the person be required	2145
to pay the reasonable administrative costs, if any, of the	2146
property owner that have been incurred in connection with actions	2147
taken pursuant to division (A)(2) of this section, the cost of	2148
maintaining the action, and reasonable attorney's fees, and if the	2149
person prevails in the civil action, the person may recover from	2150
the property owner reasonable attorney's fees, the cost of	2151
defending the action, and any compensatory damages that can be	2152
proved.	2153

(D) If a property owner whose property was willfully damaged	2154
or was the subject of a theft offense serves a written demand for	2155
payment upon a person who willfully damaged the property or	2156
committed the theft offense and if the person makes payment of the	2157
amount specified in the demand within thirty days after the date	2158
of its service upon the person or the person enters into an	2159
agreement with the property owner during that thirty-day period	2160
for that payment and makes payment in accordance with the	2161
agreement, the property owner shall not file a civil action	2162
against the person in relation to the willful property damage or	2163
theft offense.	2164

(E) If a property owner whose property was willfully damaged	2165
or was the subject of a theft offense serves a written demand for	2166
payment upon a person who willfully damaged the property or	2167
committed the theft offense and if the person, within thirty days	2168
after the date of service of the demand upon the person, enters	2169
into an agreement with the property owner for the payment of the	2170
amount specified in the demand but does not make that payment in	2171
accordance with the agreement, the time between the entering of	2172
the agreement and the failure to make that payment shall not be	2173
computed as any part of the period within which a civil action	2174
based on the willful property damage or theft offense must be	2175
brought under the Revised Code.	2176

(F) A civil action to recover damages for willful property	2177
damage or for a theft offense may be joined with a civil action	2178
that is brought pursuant to Chapter 2737. of the Revised Code to	2179
recover the property. If the two actions are joined, any	2180
compensatory damages recoverable by the property owner shall be	2181
limited to the value of the property.	2182

(G)(1) In a civil action to recover damages for willful	2183
property damage or for a theft offense, the trier of fact may	2184
determine that an owner's property was willfully damaged or that a	2185
theft offense involving the owner's property has been committed,	2186
whether or not any person has pleaded guilty to or has been	2187
convicted of any criminal offense or has been adjudicated a	2188
delinquent child in relation to any act involving the owner's	2189
property.	2190

(2) This section does not affect the prosecution of any	2191
criminal action or proceeding or any action to obtain a delinquent	2192
child adjudication in connection with willful property damage or a	2193
theft offense.	2194

(H) As used in this section:

2195

(1) "Administrative costs" includes the costs of written	2196
demands for payment and associated postage under division (A)(2)	2197
of this section.	2198

(2) "Value of the property" means one of the following:

2199

(a) The retail value of any property that is offered for	2200
sale by a mercantile establishment, irrespective of whether the	2201
property is destroyed or otherwise damaged, is modified or	2202
otherwise altered, or otherwise is not resalable at its full	2203
market price;	2204

(b) The face value of any check or other negotiable	2205
instrument that is not honored due to insufficient funds in the	2206
drawer's account, the absence of any drawer's account, or another	2207
reason, and all charges imposed by a bank, savings and loan	2208
association, credit union, or other financial institution upon the	2209
holder of the check or other negotiable instrument;	2210

(c) The replacement value of any property not described in	2211
division (H)(1) or (2) of this section.	2212

Sec. 2307.71.  As used in sections 2307.71 to 2307.80 of the	2213
Revised Code:	2214

(A) "Claimant" means either of the following:

2215

(1) A person who asserts a product liability claim or on	2216
whose behalf such a claim is asserted;	2217

(2) If a product liability claim is asserted on behalf of	2218
the surviving spouse, children, parents, or other next of kin of a	2219
decedent or on behalf of the estate of a decedent, whether as a	2220
claim in a wrongful death action under Chapter 2125. of the	2221
Revised Code or as a survivorship claim, whichever of the	2222
following is appropriate:	2223

(a) The decedent, if the reference is to the person who	2224
allegedly sustained harm or economic loss for which, or in	2225
connection with which, compensatory damages or punitive or	2226
exemplary damages are sought to be recovered;	2227

(b) The personal representative of the decedent or the	2228
estate of the decedent, if the reference is to the person who is	2229
asserting or has asserted the product liability claim.	2230

(B) "Economic loss" means direct, incidental, or	2231
consequential pecuniary loss, including, but not limited to,	2232
damage to the product in question, and nonphysical damage to	2233
property other than that product. Harm is not "economic loss."	2234

(C) "Environment" means navigable waters, surface water,	2235
ground water, drinking water supplies, land surface, subsurface	2236
strata, and air.	2237

(D) "Ethical drug" means a prescription drug that is	2238
prescribed or dispensed by a physician or any other person who is	2239
legally authorized to prescribe or dispense a prescription drug.	2240

(E) "Ethical medical device" means a medical device that is	2241
prescribed, dispensed, or implanted by a physician or any other	2242
person who is legally authorized to prescribe, dispense, or	2243
implant a medical device and that is regulated under the "Federal	2244
Food, Drug, and Cosmetic Act," 52 Stat. 1040, 21 U.S.C. 301-392,	2245
as amended.	2246

(F) "Foreseeable risk" means a risk of harm that satisfies	2247
both of the following:	2248

(1) It is associated with an intended or reasonably	2249
foreseeable use, modification, or alteration of a product in	2250
question;	2251

(2) It is a risk that the manufacturer in question should	2252
recognize while exercising both of the following:	2253

(a) The attention, perception, memory, knowledge, and	2254
intelligence that a reasonable manufacturer should possess;	2255

(b) Any superior attention, perception, memory, knowledge,	2256
or intelligence that the manufacturer in question possesses.	2257

(G) "Harm" means death, physical injury to person, serious	2258
emotional distress, or physical damage to property other than the	2259
product in question. Economic loss is not "harm."	2260

(H) "Hazardous or toxic substances" include, but are not	2261
limited to, hazardous waste as defined in section 3734.01 of the	2262
Revised Code, hazardous waste as specified in the rules of the	2263
director of environmental protection pursuant to division (A) of	2264
section 3734.12 of the Revised Code, hazardous substances as	2265
defined in section 3716.01 of the Revised Code, and hazardous	2266
substances, pollutants, and contaminants as defined in or by	2267
regulations adopted pursuant to the "Comprehensive Environmental	2268
Response, Compensation, and Liability Act of 1980," 94 Stat. 2767,	2269
42 U.S.C. 9601, as amended.	2270

(I) "Manufacturer" means a person engaged in a business to	2271
design, formulate, produce, create, make, construct, assemble, or	2272
rebuild a product or a component of a product.	2273

(J) "Person" has the same meaning as in division (C) of	2274
section 1.59 of the Revised Code and also includes governmental	2275
entities.	2276

(K) "Physician" means a person who is licensed to practice	2277
medicine and surgery or osteopathic medicine and surgery by the	2278
state medical board.	2279

(L)(1) "Product" means, subject to division (L)(2) of this	2280
section, any object, substance, mixture, or raw material that	2281
constitutes tangible personal property and that satisfies all of	2282
the following:	2283

(a) It is capable of delivery itself, or as an assembled	2284
whole in a mixed or combined state, or as a component or	2285
ingredient;	2286

(b) It is produced, manufactured, or supplied for	2287
introduction into trade or commerce;	2288

(c) It is intended for sale or lease to persons for	2289
commercial or personal use.	2290

(2) "Product" does not include human tissue, blood, or	2291
organs.	2292

(M) "Product liability claim" means a claim that is asserted	2293
in a civil action and that seeks to recover compensatory damages	2294
from a manufacturer or supplier for death, physical injury to	2295
person, emotional distress, or physical damage to property other	2296
than the product in question, that allegedly arose from any of the	2297
following:	2298

(1) The design, formulation, production, construction,	2299
creation, assembly, rebuilding, testing, or marketing of that	2300
product;	2301

(2) Any warning or instruction, or lack of warning or	2302
instruction, associated with that product;	2303

(3) Any failure of that product to conform to any relevant	2304
representation or warranty.	2305

(N) "Representation" means an express representation of a	2306
material fact concerning the character, quality, or safety of a	2307
product.	2308

(O)(1) "Supplier" means, subject to division (O)(2) of this	2309
section, either of the following:	2310

(a) A person that, in the course of a business conducted for	2311
the purpose, sells, distributes, leases, prepares, blends,	2312
packages, labels, or otherwise participates in the placing of a	2313
product in the stream of commerce;	2314

(b) A person that, in the course of a business conducted for	2315
the purpose, installs, repairs, or maintains any aspect of a	2316
product that allegedly causes harm.	2317

(2) "Supplier" does not include any of the following:

2318

(a) A manufacturer;

2319

(b) A seller of real property;

2320

(c) A provider of professional services who, incidental to a	2321
professional transaction the essence of which is the furnishing of	2322
judgment, skill, or services, sells or uses a product;	2323

(d) Any person who acts only in a financial capacity with	2324
respect to the sale of a product, or who leases a product under a	2325
lease arrangement in which the selection, possession, maintenance,	2326
and operation of the product are controlled by a person other than	2327
the lessor.	2328

(P) "Unavoidably unsafe" means that, in the state of	2329
technical, scientific, and medical knowledge at the time a product	2330
in question left the control of its manufacturer, an aspect of	2331
that product was incapable of being made safe.	2332

Sec. 2307.72.  (A) Any recovery of compensatory damages	2333
based on a product liability claim is subject to sections 2307.71	2334
to 2307.79 of the Revised Code.	2335

(B) Any recovery of punitive or exemplary damages in	2336
connection with a product liability claim is subject to sections	2337
2307.71 to 2307.80 of the Revised Code.	2338

(C) Any recovery of compensatory damages for economic loss	2339
based on a claim that is asserted in a civil action, other than a	2340
product liability claim, is not subject to sections 2307.71 to	2341
2307.79 of the Revised Code, but may occur under the common law	2342
of this state or other applicable sections of the Revised Code.	2343

(D)(1) Sections 2307.71 to 2307.80 of the Revised Code do	2344
not supersede, modify, or otherwise affect any statute,	2345
regulation, or rule of this state or of the United States, or the	2346
common law of this state or of the United States, that relates to	2347
liability in compensatory damages or punitive or exemplary damages	2348
for injury, death, or loss to person or property, or to relief in	2349
the form of the abatement of a nuisance, civil penalties, cleanup	2350
costs, cost recovery, an injunction or temporary restraining	2351
order, or restitution, that arises, in whole or in part, from	2352
contamination or pollution of the environment or a threat of	2353
contamination or pollution of the environment, including	2354
contamination or pollution or a threat of contamination or	2355
pollution from hazardous or toxic substances.	2356

(2) Consistent with the Rules of Civil Procedure, in the	2357
same civil action against the same defendant or different	2358
defendants, a claimant may assert both of the following:	2359

(a) A product liability claim, including a claim for the	2360
recovery of punitive or exemplary damages in connection with a	2361
product liability claim;	2362

(b) A claim for the recovery of compensatory damages or	2363
punitive or exemplary damages for injury, death, or loss to person	2364
or property, or for relief in the form of the abatement of a	2365
nuisance, civil penalties, cleanup costs, cost recovery, an	2366
injunction or temporary restraining order, or restitution, that	2367
arises, in whole or in part, from contamination or pollution of	2368
the environment or a threat of contamination or pollution of the	2369
environment, including contamination or pollution or a threat of	2370
contamination or pollution from hazardous or toxic substances.	2371

Sec. 2307.73.  (A) A manufacturer is subject to liability	2372
for compensatory damages based on a product liability claim only	2373
if the claimant establishes, by a preponderance of the evidence,	2374
both of the following:	2375

(1) Subject to division (B) of this section, the product in	2376
question was defective in manufacture or construction as described	2377
in section 2307.74 of the Revised Code, was defective in design or	2378
formulation as described in section 2307.75 of the Revised Code,	2379
was defective due to inadequate warning or instruction as	2380
described in section 2307.76 of the Revised Code, or was defective	2381
because it did not conform to a representation made by its	2382
manufacturer as described in section 2307.77 of the Revised Code;	2383

(2) A defective aspect of the product in question as	2384
described in division (A)(1) of this section was a proximate cause	2385
of harm for which the claimant seeks to recover compensatory	2386
damages.	2387

(B) If a claimant is unable because a product in question	2388
was destroyed to establish by direct evidence that the product in	2389
question was defective or if a claimant otherwise is unable to	2390
establish by direct evidence that a product in question was	2391
defective, then, consistent with the Rules of Evidence, it shall	2392
be sufficient for the claimant to present circumstantial or other	2393
competent evidence that establishes, by a preponderance of the	2394
evidence, that the product in question was defective in any one of	2395
the four respects specified in division (A)(1) of this section.	2396

Sec. 2307.75.  (A) Subject to divisions (D), (E), and (F) of	2397
this section, a product is defective in design or formulation if	2398
either of the following applies:	2399

(1) When it left the control of its manufacturer, the	2400
foreseeable risks associated with its design or formulation as	2401
determined pursuant to division (B) of this section exceeded the	2402
benefits associated with that design or formulation as determined	2403
pursuant to division (C) of this section;	2404

(2) It is more dangerous than an ordinary consumer would	2405
expect when used in an intended or reasonably foreseeable manner.	2406

(B) The foreseeable risks associated with the design or	2407
formulation of a product shall be determined by considering	2408
factors including, but not limited to, the following:	2409

(1) The nature and magnitude of the risks of harm associated	2410
with that design or formulation in light of the intended and	2411
resonablyreasonably foreseeable uses, modifications, or	2412
alterations of the product;	2413

(2) The likely awareness of product users, whether based on	2414
warnings, general knowledge, or otherwise, of those risks of harm;	2415

(3) The likelihood that that design or formulation would	2416
cause harm in light of the intended and reasonably foreseeable	2417
uses, modifications, or alterations of the product;	2418

(4) The extent to which that design or formulation conformed	2419
to any applicable public or private product standard that was in	2420
effect when the product left the control of its manufacturer.	2421

(C) The benefits associated with the design or formulation	2422
of a product shall be determined by considering factors including,	2423
but not limited to, the following:	2424

(1) The intended or actual utility of the product, including	2425
any performance or safety advantages associated with that design	2426
or formulation;	2427

(2) The technical and economic feasibility, when the product	2428
left the control of its manufacturer, of using an alternative	2429
design or formulation;	2430

(3) The nature and magnitude of any foreseeable risks	2431
associated with such an alternative design or formulation.	2432

(D) An ethical drug or ethical medical device is not	2433
defective in design or formulation because some aspect of it is	2434
unavoidably unsafe, if the manufacturer of the ethical drug or	2435
ethical medical device provides adequate warning and instruction	2436
under section 2307.76 of the Revised Code concerning that	2437
unavoidably unsafe aspect.	2438

(E) A product is not defective in design or formulation if	2439
the harm for which the claimant seeks to recover compensatory	2440
damages was caused by an inherent characteristic of the product	2441
which is a generic aspect of the product that cannot be eliminated	2442
without substantially compromising the product's usefulness or	2443
desirability and which is recognized by the ordinary person with	2444
the ordinary knowledge common to the community.	2445

(F) A product is not defective in design or formulation if,	2446
at the time the product left the control of its manufacturer, a	2447
practical and technically feasible alternative design or	2448
formulation was not available that would have prevented the harm	2449
for which the claimant seeks to recover compensatory damages	2450
without substantially impairing the usefulness or intended purpose	2451
of the product, unless the manufacturer acted unreasonably in	2452
introducing the product into trade or commerce.	2453

Sec. 2307.78.  (A) Subject to division (B) of this section,	2454
a supplier is subject to liability for compensatory damages based	2455
on a product liability claim only if the claimant establishes, by	2456
a preponderance of the evidence, that either of the following	2457
applies:	2458

(1) The supplier in question was negligent and that,	2459
negligence was a proximate cause of harm for which the claimant	2460
seeks to recover compensatory damages;	2461

(2) The product in question did not conform, when it left	2462
the control of the supplier in question, to a representation made	2463
by that supplier, and that representation and the failure to	2464
conform to it were a proximate cause of harm for which the	2465
claimant seeks to recover compensatory damages. A supplier is	2466
subject to liability for such a representation and the failure to	2467
conform to it even though the supplier did not act fraudulently,	2468
recklessly, or negligently in making the representation.	2469

(B) A supplier of a product is subject to liability for	2470
compensatory damages based on a product liability claim under	2471
sections 2307.71 to 2307.77 of the Revised Code, as if it were the	2472
manufacturer of that product, if the manufacturer of that product	2473
is or would be subject to liability for compensatory damages based	2474
on a product liability claim under sections 2307.71 to 2307.77 of	2475
the Revised Code and any of the following applies:	2476

(1) The manufacturer of that product is not subject to	2477
judicial process in this state;	2478

(2) The claimant will be unable to enforce a judgment	2479
against the manufacturer of that product due to actual or asserted	2480
insolvency of the manufacturer;	2481

(3) The supplier in question owns or, when it supplied that	2482
product, owned, in whole or in part, the manufacturer of that	2483
product;	2484

(4) The supplier in question is owned or, when it supplied	2485
that product, was owned, in whole or in part, by the manufacturer	2486
of that product;	2487

(5) The supplier in question created or furnished a	2488
manufacturer with the design or formulation that was used to	2489
produce, create, make, construct, assemble, or rebuild that	2490
product or a component of that product;	2491

(6) The supplier in question altered, modified, or failed to	2492
maintain that product after it came into the possession of, and	2493
before it left the possession of, the supplier in question, and	2494
the alteration, modification, or failure to maintain that product	2495
rendered it defective;	2496

(7) The supplier in question marketed that product under its	2497
own label or trade name;	2498

(8) The supplier in question failed to respond timely and	2499
reasonably to a written request by or on behalf of the claimant to	2500
disclose to the claimant the name and address of the manufacturer	2501
of that product.	2502

Sec. 2307.80.  (A) Subject to division (C) of this section,	2503
punitive or exemplary damages shall not be awarded against a	2504
manufacturer or supplier in question in connection with a product	2505
liability claim unless the claimant establishes, by clear and	2506
convincing evidence, that harm for which hethe claimant is	2507
entitled to recover compensatory damages in accordance with	2508
section 2307.73 or 2307.78 of the Revised Code was the result of	2509
misconduct of the manufacturer or supplier in question that	2510
manifested a flagrant disregard of the safety of persons who might	2511
be harmed by the product in question. The fact by itself that a	2512
product is defective does not establish a flagrant disregard of	2513
the safety of persons who might be harmed by that product.	2514

(B) Whether the trier of fact is a jury or the court, if the	2515
trier of fact determines that a manufacturer or supplier in	2516
question is liable for punitive or exemplary damages in connection	2517
with a product liability claim, the amount of those damages shall	2518
be determined by the court. In determining the amount of punitive	2519
or exemplary damages, the court shall consider factors including,	2520
but not limited to, the following:	2521

(1) The likelihood that serious harm would arise from the	2522
misconduct of the manufacturer or supplier in question;	2523

(2) The degree of the awareness of the manufacturer or	2524
supplier in question of that likelihood;	2525

(3) The profitability of the misconduct to the manufacturer	2526
or supplier in question;	2527

(4) The duration of the misconduct and any concealment of it	2528
by the manufacturer or supplier in question;	2529

(5) The attitude and conduct of the manufacturer or supplier	2530
in question upon the discovery of the misconduct and whether the	2531
misconduct has terminated;	2532

(6) The financial condition of the manufacturer or supplier	2533
in question;	2534

(7) The total effect of other punishment imposed or likely	2535
to be imposed upon the manufacturer or supplier in question as a	2536
result of the misconduct, including awards of punitive or	2537
exemplary damages to persons similarly situated to the claimant	2538
and the severity of criminal penalties to which the manufacturer	2539
or supplier in question has been or is likely to be subjected.	2540

(C) If a claimant alleges in a product liability claim that a	2541
drug caused harm to himthe claimant, the manufacturer of the drug	2542
shall not be liable for punitive or exemplary damages in	2543
connection with that product liability claim if the drug that	2544
allegedly caused the harm was manufactured and labeled in relevant	2545
and material respects in accordance with the terms of an approval	2546
or license issued by the federal food and drug administration	2547
under the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040	2548
(1938), 21 U.S.C. 301-392, as amended, or the "Public Health	2549
Service Act," 58 Stat. 682 (1944), 42 U.S.C. 201-300cc-15, as	2550
amended, unless it is established by a preponderance of the	2551
evidence, that the manufacturer fraudulently and in violation of	2552
applicable regulations of the food and drug administration	2553
withheld from the food and drug administration information known	2554
to be material and relevant to the harm that the claimant	2555
allegedly suffered or misrepresented to the food and drug	2556
administration information of that type. For purposes of this	2557
division, "drug" has the meaning given to that term in section	2558
1201(g)(1) of the "Federal Food, Drug, and Cosmetic Act," 52 Stat.	2559
1040, 1041 (1938), 21 U.S.C. 301-392321(g)(1), as amended.	2560

Sec. 2315.01.  When the jury is sworn, unless for special	2561
reasons the court otherwise directs, the trial shall proceed in	2562
the following order except as provided in section 2315.02 of the	2563
Revised Code:	2564

(A) The plaintiff concisely must state histhe plaintiff's	2565
claim, and briefly may state histhe plaintiff's evidence to	2566
sustain it.	2567

(B) The defendant must then briefly state histhe	2568
defendant's defense, and briefly may state histhe defendant's	2569
evidence in support of it.	2570

(C) The party who would be defeated if no evidence were	2571
offered on either side, first, must produce histhat party's	2572
evidence, and the adverse party must then produce histhe adverse	2573
party's evidence.	2574

(D) The parties then shall be confined to rebutting	2575
evidence, unless the court for good reasons, in the furtherance of	2576
justice, permits them to offer evidence in their original cases.	2577

(E) When the evidence is concluded, either party may present	2578
written instructions to the court on matters of law and request	2579
them to be given to the jury, which instructions shall be given or	2580
refused by the court before the argument to the jury is commenced.	2581

(F) The parties then may submit or argue the case to the	2582
jury. The party required first to produce histhat party's	2583
evidence shall have the opening and closing arguments. If several	2584
defendants, having separate defenses, appear by different counsel,	2585
the court shall arrange their relative order.	2586

(G) The court, after the argument is concluded, before	2587
proceeding with other business, shall charge the jury. Any charge	2588
shall be reduced to writing by the court if either party, before	2589
the argument to the jury is commenced, requests it. Such charge	2590
may be examined by the parties before any closing argument is	2591
made by any of the parties. A charge or instruction, when so	2592
written and given, shall not be orally qualified, modified, or in	2593
any manner explained to the jury by the court. All written	2594
charges and instructions shall be taken by the jurors in their	2595
retirement, returned with their verdict into court, and shall	2596
remain on file with the papers of the case.	2597

Sec. 2313.46.  Sections 2313.01 to 2313.46, inclusive, and	2598
2315.01 to 2315.24, inclusive,Chapter 2315. of the Revised Code	2599
do not contravene or affect any section of the Revised Code	2600
relating to jurors in the inferior courts in any county of the	2601
state.	2602

Sec. 2315.07.        Sec. 2315.05.  Because of the sickness of a juror, or	2603
an accident or calamity which requires it, or with the consent of	2604
both parties, or after jurors have been kept together until it	2605
satisfactorily appears that there is no probability of their	2606
agreeing, the court may discharge the jury.	2607

Sec. 2315.08.        Sec. 2315.06.  When the jury is discharged during a	2608
trial or after a cause is submitted, such cause may at once be	2609
tried again, or on a future day, as the court directs.	2610

Sec. 2315.18.        Sec. 2315.07. Except as otherwise provided in this	2611
section, whenIf by the verdict in a civil action tried to a jury	2612
any party in the action is entitled to recover money from an	2613
adverse party, the jury shall determine the amount of the recovery	2614
in its verdict. A jury shall not determine the amount of punitive	2615
or exemplary damages recoverable by a party in a tort action	2616
pursuant to section 2315.21 or another section of the Revised Code	2617
except as provided in division (D)(5) of section 2315.21 of the	2618
Revised Code.	2619

As used in this section, "tort action" has the same meaning	2620
as in section 2315.21 of the Revised Code.	2621

Sec. 2315.23.        Sec. 2315.08.  So far as in their nature applicable,	2622
sections 2315.01 to 2315.19, inclusive, of the Revised Code,	2623
respecting trials by jury, apply to trials by the court.	2624

Sec. 2315.24.        Sec. 2315.09.  Parties to a question whichthat might	2625
be the subject of a civil action, on filing an affidavit that the	2626
controversy is real and the proceeding in good faith to determine	2627
their rights, may agree upon a case containing the facts upon	2628
which the controversy depends and present a submission of it to	2629
any court of competent jurisdiction, which. The court shall hear	2630
and determine the case and render judgment as if an action were	2631
pending.	2632

The case, the submission, and the judgment constitutes the	2633
record of a question submitted under this section.	2634

Such judgment shall be with costs, may be enforced, and shall	2635
be subject to reversal, in like manner, as if it were rendered in	2636
an action, unless otherwise provided in the submission.	2637

Sec. 2315.19.  (A)(1) Contributory negligence or implied	2638
assumption of the risk of the complainant or of the person for	2639
whom the complainant is legal representative may be asserted as an	2640
affirmative defense to a negligence claim.	2641

(2) Contributory negligence or implied assumption of the	2642
risk of a person does not bar the person or histhe person's legal	2643
representative as complainant from recovering damages that have	2644
directly and proximately resulted from the negligence of one or	2645
more other persons, if the contributory negligence or implied	2646
assumption of the risk of the complainant or of the person for	2647
whom hethe complainant is legal representative was no greater	2648
than the combined negligence of all other persons from whom the	2649
complainant seeks recovery. However, any compensatory damages	2650
recoverable by the complainant shall be diminished by an amount	2651
that is proportionately equal to the percentage of negligence or	2652
implied assumption of the risk of the complainant or of the person	2653
for whom hethe complainant is legal representative, which	2654
percentage is determined pursuant to division (B) of this section.	2655
This section does not apply to actions described in section	2656
4113.03 of the Revised Code.	2657

(B) If contributory negligence or implied assumption of the	2658
risk is asserted and established as an affirmative defense to a	2659
negligence claim, the court in a nonjury action shall make	2660
findings of fact, and the jury in a jury action shall return a	2661
general verdict accompanied by answers to interrogatories, that	2662
shall specify the following:	2663

(1) The total amount of the compensatory damages that would	2664
have been recoverable on that negligence claim but for the	2665
negligence or implied assumption of the risk of the complainant or	2666
the person for whom hethe complainant is legal representative;	2667

(2) The portion of the compensatory damages specified under	2668
division (B)(1) of this section that represents economic loss;	2669

(3) The portion of the compensatory damages specified under	2670
division (B)(1) of this section that represents noneconomic loss;	2671

(4) The percentage of negligenc or implied assumption of the	2672
risk that directly and proximately caused the injury, death, or	2673
loss to person or property, in relation to one hundred per cent,	2674
that is attributable to the complainant or the person for whom he	2675
is legal representative, and the percentage of negligence that	2676
directly and proximately caused the injury, death, or loss to	2677
person or property, in relation to one hundred per cent, that is	2678
attributable to each party to the action from whom the complainant	2679
seeks recovery. If the court or jury must determine percentages	2680
of negligence under this division for two or more parties from	2681
whom the complainant seeks recovery and an issue of vicarious	2682
liability, including, but not limited to, liability of a principal	2683
or master for the negligent actions or omissions of an agent or	2684
servant, exists relative to those parties, then, for purposes of	2685
determining such percentages, the court in a nonjury action shall	2686
determine, or the jury in a jury action pursuant to an instruction	2687
from the court shall determine, that the parties in question are	2688
to be treated as a single party to the extent that any vicarious	2689
liability is determined to exist relative to those parties.	2690

(C) After the court makes its findings of fact or after the	2691
jury returns its general verdict accompanied by answers to	2692
interrogatories as described in division (B) of this section, the	2693
court shall diminish the total amount of the compensatory damages	2694
that would have been recoverable by an amount that is	2695
proportionately equal to the percentage of negligence or implied	2696
assumption of the risk that is attributable to the complainant or	2697
the person for whom hethe complainant is legal representative,	2698
which percentage was determined pursuant to division (B) of this	2699
section. If the percentage of the negligence or implied	2700
assumption of the risk that is attributable to the complainant or	2701
the person for whom hethe complainant is legal representative is	2702
greater than the total of the percentages of the negligence that	2703
is attributable to all parties from whom the complainant seeks	2704
recovery, which percentages were determined pursuant to division	2705
(B) of this section, the court shall enter judgment in favor of	2706
those parties.	2707

(D)(1) If contributory negligence or implied assumption of	2708
the risk is asserted as an affirmative defense to a negligence	2709
claim, if it is determined that the complainant or the person for	2710
whom hethe complainant is legal representative was contributorily	2711
negligent or impliedly assumed a risk and that such contributory	2712
negligence or implied assumption of the risk was a direct and	2713
proximate cause of the injury, death, or loss to person or	2714
property in question, and if the complainant is entitled to	2715
recover compensatory damages pursuant to this section from more	2716
than one party, then, after it makes findings of fact or after the	2717
jury returns its general verdict accompanied by answers to	2718
interrogatories as described in division (B) of this section, the	2719
court shall enter a judgment that is in favor of the complainant	2720
and that states all of the following:	2721

(a) Proportionate shares of the portion of the compensatory	2722
damages that represents noneconomic loss for each party against	2723
whom the judgment is entered and for the complainant or the person	2724
for whom he is legal representative, which shares shall be	2725
computed by multiplying the portion of the compensatory damages	2726
that represents noneconomic loss as determined pursuant to	2727
division (B)(3) of this section by the respective percentages of	2728
negligence or implied assumption of the risk as determined	2729
pursuant to division (B)(4) of this section;	2730

(b) In relation to the portion of the compensatory damages	2731
that represents noneconomic loss as determined pursuant to	2732
division (B)(3) of this section, each party against whom the	2733
judgment is entered is liable to the complainant only for the	2734
proportionate share of that party as described in division	2735
(D)(1)(a) of this section;	2736

(c) In relation to the portion of the compensatory damages	2737
that represents economic loss as determined pursuant to division	2738
(B)(2) of this section, each party against whom the judgment is	2739
entered is jointly and severally liable to the complainant for the	2740
entire amount of economic loss for which the complainant is	2741
entitled to judgment as determined pursuant to divisions (B)(2)	2742
and (C) of this section.	2743

(2) Sections 2307.31 and 2307.32 of the Revised Code apply	2744
in relation to the portion of the compensatory damages that	2745
represents economic loss and for which joint and several liability	2746
attaches under division (D)(1)(c) of this section.	2747

(E) As used in this section:

2748

(1) "Economic loss" means any of the following types of	2749
pecuniary harm:	2750

(a) All wages, salaries, or other compensation lost as a	2751
result of an injury, death, or loss to person or property that is	2752
a subject of a negligence claim;	2753

(b) All expenditures for medical care or treatment,	2754
rehabilitation services, or other care, treatment, services,	2755
products, or accommodations as a result of an injury, death, or	2756
loss to person or property that is a subject of a negligence	2757
claim;	2758

(c) Any other expenditures incurred as a result of an	2759
injury, death, or loss to person or property that is a subject of	2760
a negligence claim.	2761

(2) "Negligence claim" means a civil action for damages for	2762
injury, death, or loss to person or property to the extent that	2763
such damages are sought or recovered based on allegation or proof	2764
of negligence.	2765

(3) "Noneconomic loss" means nonpecuniary harm that results	2766
from an injury, death, or loss to person or property that is a	2767
subject of a negligence claim, including, but not limited to, pain	2768
and suffering, loss of society, consortium, companionship, care,	2769
assistance, attention, protection, advice, guidance, counsel,	2770
instruction, training, or education, mental anguish, and any other	2771
intangible loss.	2772

Sec. 2315.20.  (A) As used in this section, "claimant,"	2773
"harm," "product liability claim," and "supplier" have the same	2774
meanings as in section 2307.71 of the Revised Code.	2775

(B)(1) Express or implied assumption of the risk may be	2776
asserted as an affirmative defense to a product liability claim	2777
under sections 2307.71 to 2307.80 of the Revised Code.	2778

(2) Subject to division (B)(3) of this section, if express	2779
or implied assumption of the risk is asserted as an affirmative	2780
defense to a product liability claim under sections 2307.71 to	2781
2307.80 of the Revised Code and if it is determined that the	2782
claimant expressly or impliedly assumed a risk and that such	2783
express or implied assumption of the risk was a direct and	2784
proximate cause of harm for which the claimant seeks to recover	2785
damages, the express or implied assumption of the risk is a	2786
complete bar to the recovery of those damages.	2787

(3) If implied assumption of the risk is asserted as an	2788
affirmative defense to a product liability claim against a	2789
supplier under division (A)(1) of section 2307.78 of the Revised	2790
Code, section 2315.19 of the Revised Code is applicable to that	2791
affirmative defense and shall be used to determine whether the	2792
claimant is entitled to recover compensatory damages based on that	2793
claim and the amount of any recoverable compensatory damages.	2794

(C)(1) Except as provided in division (C)(2) of this	2795
section, contributory negligence is not an affirmative defense to	2796
a product liability claim under sections 2307.71 to 2307.80 of the	2797
Revised Code.	2798

(2) Contributory negligence may be asserted as an	2799
affirmative defense to a product liability claim against a	2800
supplier under division (A)(1) of section 2307.78 of the Revised	2801
Code. If contributory negligence is asserted as an affirmative	2802
defense to such a product liability claim, section 2315.19 of the	2803
Revised Code is applicable to that affirmative defense and shall	2804
be used to determine whether the claimant is entitled to recover	2805
compensatory damages based on that claim and the amount of any	2806
recoverable compensatory damages.	2807

Sec. 2315.21.  (A) As used in this section:

2808

(1) "Tort action" means a civil action for damages for injury	2809
person or property. "Tort action" includes a product liability	2810
claim for damages for injury or loss to person or property that is	2811
subject to sections 2307.71 to 2307.80 of the Revised Code, but	2812
does not include a civil action for damages for a breach of	2813
contract or another agreement between persons.	2814

(2) "Trier of fact" means the jury or, in a nonjury action,	2815
the court.	2816

(B) Subject to division (D) of this section, punitive or	2817
exemplary damages are not recoverable from a defendant in question	2818
in a tort action unless both of the following apply:	2819

(1) The actions or omissions of that defendant demonstrate	2820
malice, aggravated or egregious fraud, oppression, or insult, or	2821
that defendant as principal or master authorized, participated in,	2822
or ratified actions or omissions of an agent or servant that so	2823
demonstrate;	2824

(2) The plaintiff in question has adduced proof of actual	2825
damages that resulted from actions or omissions as described in	2826
division (B)(1) of this section.	2827

(C)(1) In a tort action, the trier of fact shall determine	2828
the liability of any defendant for punitive or exemplary damages	2829
and the amount of those damages.	2830

(2) In a tort action, whether the trier of fact is a jury or	2831
the court, if the trier of fact determines that any defendant is	2832
liable for punitive or exemplary damages, the amount of those	2833
damages shall be determined by the court.	2834

(3) In a tort action, the burden of proof shall be upon a	2835
plaintiff in question, by clear and convincing evidence, to	2836
establish that hethe plaintiff is entitled to recover punitive or	2837
exemplary damages.	2838

(D) This section does not apply to tort actions against the	2839
state in the court of claims or to the extent that another section	2840
of the Revised Code expressly provides any of the following:	2841

(1) Punitive or exemplary damages are recoverable from a	2842
defendant in question in a tort action on a basis other than that	2843
the actions or omissions of that defendant demonstrate malice,	2844
aggravated or egregious fraud, oppression, or insult, or on a	2845
basis other than that the defendant in question as principal or	2846
master authorized, participated in, or ratified actions or	2847
omissions of an agent or servant that so demonstrate;	2848

(2) Punitive or exemplary damages are recoverable from a	2849
defendant in question in a tort action irrespective of whether the	2850
plaintiff in question has adduced proof of actual damages;	2851

(3) The burden of proof upon a plaintiff in question to	2852
recover punitive or exemplary damages from a defendant in question	2853
in a tort action is one other than clear and convincing evidence;	2854

(4) Punitive or exemplary damages are not recoverable from a	2855
defendant in question in a tort action;	2856

(5) The amount of punitive or exemplary damages awarded	2857
against a defendant in question in a tort action may be determined	2858
by a jury as the trier of fact.	2859

Sec. 2317.62.  (A) As used in this section:

2860

(1) "Annuity" means an annuity that would be purchased from	2861
either of the following types of insurance companies:	2862

(a) An insurance company that the A.M. Best Company, in its	2863
most recently published rating guide of life insurance companies,	2864
has rated A or better and has rated XII or higher as to financial	2865
size or strength;	2866

(b)(i) An insurance company that the superintendent of	2867
insurance, under rules adopted pursuant to Chapter 119. of the	2868
Revised Code for purposes of implementing this division,	2869
determines is licensed to do business in this state and,	2870
considering the factors described in division (A)(1)(b)(ii) of	2871
this section, is a stable insurance company that issues annuities	2872
that are safe and desirable;	2873

(ii) In making determinations as described in division	2874
(A)(1)(b)(i) of this section, the superintendent shall be guided	2875
by the principle that the trier of fact in a tort action should be	2876
presented only with evidence as to the cost of annuities that are	2877
safe and desirable for the plaintiffs in such an action who are	2878
awarded damages. In making such determinations, the	2879
superintendent shall consider the financial condition, general	2880
standing, operating results, profitability, leverage, liquidity,	2881
amount and soundness of reinsurance, adequacy of reserves, and the	2882
management of any insurance company in question and also may	2883
consider ratings, grades, and classifications of any nationally	2884
recognized rating services of insurance companies and any other	2885
factors relevant to the making of such determinations.	2886

(2) "Future damages" means damages that result from an injury	2887
or loss to person or property that is a subject of a tort action	2888
and that will accrue after the verdict or determination of	2889
liability by the trier of fact is rendered in that tort action.	2890

(3) "Tort action" means a civil action for damages for injury	2891
or loss to person or property. "Tort action" includes a product	2892
liability claim that is subject to sections 2307.71 to 2307.80 of	2893
the Revised Code, but does not include a civil action for damages	2894
for a breach of contract or another agreement between persons.	2895

(4) "Trier of fact" means the jury or, in a nonjury action,	2896
the court.	2897

(B) Consistent with the Rules of Evidence, any party to a	2898
tort action may present evidence of the cost of an annuity in	2899
connection with any issue of recoverable future damages. If such	2900
evidence is presented, then the trier of fact may consider that	2901
evidence in determining the future damages suffered by reason of	2902
an injury or loss to person or property that is a subject of the	2903
tort action. If such evidence is presented, the present value in	2904
dollars of any annuity is its cost.	2905

Sec. 2323.51.  (A) As used in this section:

2906

(1) "Conduct" means any of the following:

2907

(a) The filing of a civil action, the assertion of a claim,	2908
defense, or other position in connection with a civil action, or	2909
the taking of any other action in connection with a civil action;	2910

(b) The filing by an inmate of a civil action or appeal	2911
against a government entity or employee, the assertion of a claim,	2912
defense or other position in connection with a civil action of	2913
that nature or the assertion of issues of law in an appeal of that	2914
nature, or the taking of any other action in connection with a	2915
civil action or appeal of that nature.	2916

(2) "Frivolous conduct" means either of the following:

2917

(a) Conduct of an inmate or other party to a civil action,	2918
of an inmate who has filed an appeal of the type described in	2919
division (A)(1)(b) of this section, or of the inmate's or other	2920
party's counsel of record that satisfies either of the following:	2921

(i) It obviously serves merely to harass or maliciously	2922
injure another party to the civil action or appeal.	2923

(ii) It is not warranted under existing law and cannot be	2924
supported by a good faith argument for an extension, modification,	2925
or reversal of existing law.	2926

(b) An inmate's commencement of a civil action or appeal	2927
against a government entity or employee when any of the following	2928
applies:	2929

(i) The claim that is the basis of the civil action fails to	2930
state a claim or the issues of law that are the basis of the	2931
appeal fail to state any issues of law.	2932

(ii) It is clear that the inmate cannot prove material facts	2933
in support of the claim that is the basis of the civil action or	2934
in support of the issues of law that are the basis of the appeal.	2935

(iii) The claim that is the basis of the civil action is	2936
substantially similar to a claim in a previous civil action	2937
commenced by the inmate or the issues of law that are the basis of	2938
the appeal are substantially similar to issues of law raised in a	2939
previous appeal commenced by the inmate, in that the claim that is	2940
the basis of the current civil action or the issues of law that	2941
are the basis of the current appeal involve the same parties or	2942
arise from the same operative facts as the claim or issues of law	2943
in the previous civil action or appeal.	2944

(3) "Civil action or appeal against a government entity or	2945
employee," "inmate," "political subdivision," and "employee" have	2946
the same meanings as in section 2969.21 of the Revised Code.	2947

(4) "Reasonable attorney's fees" or "attorney's fees," when	2948
used in relation to a civil action or appeal against a government	2949
entity or employee, includes both of the following, as applicable:	2950

(a) The approximate amount of the compensation, and the	2951
fringe benefits, if any, of the attorney general, an assistant	2952
attorney general, or special counsel appointed by the attorney	2953
general that has been or will be paid by the state in connection	2954
with the legal services that were rendered by the attorney	2955
general, assistant attorney general, or special counsel in the	2956
civil action or appeal against the government entity or employee,	2957
including, but not limited to, a civil action or appeal commenced	2958
pro se by an inmate, and that were necessitated by frivolous	2959
conduct of an inmate represented by counsel of record, the counsel	2960
of record of an inmate, or a pro se inmate.	2961

(b) The approximate amount of the compensation, and the	2962
fringe benefits, if any, of a prosecuting attorney or other chief	2963
legal officer of a political subdivision, or an assistant to a	2964
chief legal officer of those natures, who has been or will be paid	2965
by a political subdivision in connection with the legal services	2966
that were rendered by the chief legal officer or assistant in the	2967
civil action or appeal against the government entity or employee,	2968
including, but not limited to, a civil action or appeal commenced	2969
pro se by an inmate, and that were necessitated by frivolous	2970
conduct of an inmate represented by counsel of record, the counsel	2971
of record of an inmate, or a pro se inmate.	2972

(5) "State" has the same meaning as in section 2743.01 of the	2973
Revised Code.	2974

(6) "State correctional institution" has the same meaning as	2975
in section 2967.01 of the Revised Code.	2976

(B)(1) Subject to divisions (B)(2) and (3), (C), and (D) of	2977
this section, at any time prior to the commencement of the trial	2978
in a civil action or within twenty-one days after the entry of	2979
judgment in a civil action or at any time prior to the hearing in	2980
an appeal of the type described in division (A)(1)(b) of this	2981
section that is filed by an inmate or within twenty-one days after	2982
the entry of judgment in an appeal of that nature, the court may	2983
award court costs, reasonable attorney's fees, and other	2984
reasonable expenses incurred in connection with the civil action	2985
or appeal to any party to the civil action or appeal who was	2986
adversely affected by frivolous conduct. The award may be	2987
assessed as provided in division (B)(4) of this section.	2988

(2) An award may be made pursuant to division (B)(1) of this	2989
section upon the motion of a party to a civil action or an appeal	2990
of the type described in that division, but only after the court	2991
does all of the following:	2992

(a) Sets a date for a hearing to be conducted in accordance	2993
with division (B)(2)(c) of this section, to determine whether	2994
particular conduct was frivolous, to determine, if the conduct was	2995
frivolous, whether any party was adversely affected by it, and to	2996
determine, if an award is to be made, the amount of that award;	2997

(b) Gives notice of the date of the hearing described in	2998
division (B)(2)(a) of this section to each party or counsel of	2999
record who allegedly engaged in frivolous conduct and to each	3000
party who allegedly was adversely affected by frivolous conduct;	3001

(c) Conducts the hearing described in division (B)(2)(a) of	3002
this section in accordance with this division, allows the parties	3003
and counsel of record involved to present any relevant evidence at	3004
the hearing, including evidence of the type described in division	3005
(B)(5) of this section, determines that the conduct involved was	3006
frivolous and that a party was adversely affected by it, and then	3007
determines the amount of the award to be made. If any party or	3008
counsel of record who allegedly engaged in or allegedly was	3009
adversely affected by frivolous conduct is confined in a state	3010
correctional institution or in a county, multicounty, municipal,	3011
municipal-county, or multicounty-municipal jail or workhouse, the	3012
court, if practicable, may hold the hearing by telephone or, in	3013
the alternative, at the institution, jail, or workhouse in which	3014
the party or counsel is confined.	3015

(3) The amount of an award made pursuant to division (B)(1)	3016
of this section that represents reasonable attorney's fees shall	3017
not exceed, and may be equal to or less than, whichever of the	3018
following is applicable:	3019

(a) If the party is being represented on a contingent fee	3020
basis, an amount that corresponds to reasonable fees that would	3021
have been charged for legal services had the party been	3022
represented on an hourly fee basis or another basis other than a	3023
contingent fee basis;	3024

(b) In all situations other than that described in division	3025
(B)(3)(a) of this section, the attorney's fees that were	3026
reasonably incurred by a party.	3027

(4) An award made pursuant to division (B)(1) of this	3028
section may be made against a party, the party's counsel of	3029
record, or both.	3030

(5)(a) In connection with the hearing described in division	3031
(B)(2)(a) of this section, each party who may be awarded	3032
reasonable attorney's fees and the party's counsel of record may	3033
submit to the court or be ordered by the court to submit to it,	3034
for consideration in determining the amount of the reasonable	3035
attorney's fees, an itemized list or other evidence of the legal	3036
services rendered, the time expended in rendering the services,	3037
and whichever of the following is applicable:	3038

(i) If the party is being represented by that counsel on a	3039
contingent fee basis, the reasonable attorney's fees that would	3040
have been associated with those services had the party been	3041
represented by that counsel on an hourly fee basis or another	3042
basis other than a contingent fee basis;	3043

(ii) In all situations other than those described in	3044
division (B)(5)(a)(i) of this section, the attorney's fees	3045
associated with those services.	3046

(b) In connection with the hearing described in division	3047
(B)(2)(a) of this section, each party who may be awarded court	3048
costs and other reasonable expenses incurred in connection with	3049
the civil action or appeal may submit to the court or be ordered	3050
by the court to submit to it, for consideration in determining the	3051
amount of the costs and expenses, an itemized list or other	3052
evidence of the costs and expenses incurred in connection with	3053
that action or appeal, including, but not limited to, expert	3054
witness fees and expenses associated with discovery.	3055

(C) An award of reasonable attorney's fees under this	3056
section does not affect or determine the amount of or the manner	3057
of computation of attorney's fees as between an attorney and the	3058
attorney's client.	3059

(D) This section does not affect or limit the application of	3060
any provision of the Rules of Civil Procedure, the Rules of	3061
Appellate Procedure, or another court rule or section of the	3062
Revised Code to the extent that the provision prohibits an award	3063
of court costs, attorney's fees, or other expenses incurred in	3064
connection with a particular civil action or appeal or authorizes	3065
an award of court costs, attorney's fees, or other expenses	3066
incurred in connection with a particular civil action or appeal in	3067
a specified manner, generally, or subject to limitations.	3068

Sec. 2501.02.  Each judge of a court of appeals shall have	3069
been admitted to practice as an attorney at law in this state and	3070
have, for a total of six years preceding histhe judge's	3071
appointment or commencement of histhe judge's term, engaged in	3072
the practice of law in this state or served as a judge of a court	3073
of record in any jurisdiction in the United States, or both. One	3074
judge shall be chosen in each court of appeals district every two	3075
years, and shall hold office for six years, beginning on the ninth	3076
day of February next after histhe judge's election. In	3077

In addition to the original jurisdiction conferred by Section	3078
3 of Article IV, Ohio Constitution, the court shall have	3079
jurisdiction: upon an appeal upon questions of law to review,	3080
affirm, modify, set aside, or reverse judgments or final orders of	3081
courts of record inferior to the court of appeals within the	3082
district, including the finding, order, or judgment of a juvenile	3083
court that a child is delinquent, neglected, abused, or dependent,	3084
for prejudicial error committed by such lower court.	3085

The court, on good cause shown, may issue writs of	3086
supersedeas in any case, and all other writs, not specially	3087
provided for or prohibited by statute, necessary to enforce the	3088
administration of justice.	3089

Sec. 2743.18.  (A)(1) Prejudgment interest shall be allowed	3090
with respect to a civil action on which a judgment or	3091
determination is rendered against the state for the same period of	3092
time and at the same rate as allowed between private parties to a	3093
suit.	3094

(2) The court of claims, in its discretion, may deny	3095
prejudgment interest for any period of undue delay between the	3096
commencement of the civil action and the entry of a judgment or	3097
determination against the state, for which it finds the claimant	3098
to have been responsible.	3099

(B)(1) Except as otherwise provided in division (B)(2) of	3100
this section, interest shall be allowed on a judgment or	3101
determination rendered against the state in a civil action	3102
pursuant to this chapter at the same rate that is applicable to	3103
judgments rendered against private parties to a suit as specified	3104
in division (A) of section 1343.03 of the Revised Code and for	3105
each day between the date of entry of the judgment or the	3106
determination pursuant to division (C) of section 2743.10 of the	3107
Revised Code and the date of payment of the judgment or	3108
determination pursuant to division (C)(3) or (6) of section	3109
2743.19 of the Revised Code, or for sixty days from the date of	3110
entry of the judgment or the determination, whichever is less.	3111

(2) If the court of claims renders a judgment pursuant to	3112
this chapter against the state in a civil action or the clerk of	3113
the court of claims enters an administrative determination under	3114
section 2743.10 of the Revised Code against the state in a civil	3115
action, the civil action is not based on tortious conduct, and the	3116
claimant in the court of claims prevails in any appeal of the	3117
judgment or determination, postjudgment interest shall be paid	3118
with respect to the judgment or determination rendered against the	3119
state at the same rate that is applicable to judgments rendered	3120
against private parties to a suit as set forth in division (A) of	3121
section 1343.03 of the Revised Code and for each day between the	3122
date of entry of the judgment or determination and the date of	3123
payment of the judgment or determination pursuant to division	3124
(C)(3) or (6) of section 2743.19 of the Revised Code.	3125

Sec. 2743.19.  (A) In rendering a judgment against the	3126
state, the court of claims shall determine and specify in the	3127
judgment the department, office, commission, board, agency,	3128
institution, or other instrumentality of the state against which a	3129
determination of liability has been made. The court of claims	3130
shall award compensation for fees to a prevailing party in an	3131
action under this chapter in accordance with section 2335.39 of	3132
the Revised Code.	3133

(B) No execution shall issue against the state or any	3134
department, board, office, commission, agency, institution, or	3135
other instrumentality of the state upon any judgment for the	3136
payment of money.	3137

(C) Judgments shall be accomplished only through the	3138
following procedure, which may be enforced by writ of mandamus	3139
directed to the appropriate official:	3140

(1) The clerk of the court of claims shall forward a	3141
certified copy of the judgment to the director of budget and	3142
management and the attorney general or the officer who signed the	3143
investigative report for the department, office, commission,	3144
board, agency, institution, or other instrumentality of the state	3145
against which a determination of liability has been made.	3146

(2) The expense of a judgment paid, plus interest at the	3147
same rate that is applicable to judgments rendered against private	3148
parties to a suit as specified in division (A) of section 1343.03	3149
of the Revised Code and for the number of days determined pursuant	3150
to division (B)(1) or (2) of section 2743.18 of the Revised Code,	3151
shall be charged by the director of budget and management against	3152
available unencumbered moneys in the appropriations to whichever	3153
state departments, boards, offices, commissions, agencies,	3154
institutions, or other instrumentalities are named in the	3155
judgment. The director of budget and management shall have sole	3156
discretion to determine whether or not unencumbered moneys in a	3157
particular appropriation are available for satisfaction of a	3158
judgment.	3159

(3) The director of budget and management, upon receipt of	3160
the certified copy of the judgment from the clerk of the court of	3161
claims pursuant to division (C)(1) of this section, shall provide	3162
for payment of the judgment creditor in the amount of the judgment	3163
certified by the clerk of the court of claims, plus interest.	3164

(4) If the director of budget and management determines that	3165
sufficient unencumbered moneys do not exist in the particular	3166
appropriations to pay the judgment and interest, the director may	3167
make application for payment of the judgment and interest out of	3168
the emergency purposes account or another appropriation for	3169
emergencies or contingencies.	3170

(5) If moneys in the emergency purposes account or another	3171
appropriation for emergencies or contingencies are not used to pay	3172
the judgment and interest, the director of budget and management	3173
shall request the general assembly to make an appropriation	3174
sufficient to pay the judgment and interest, and no payment shall	3175
be made until the appropriation has been made. The appropriate	3176
state department, board, office, commission, agency, institution,	3177
or other instrumentality shall make this appropriation request	3178
during the current biennium and during each succeeding biennium	3179
until a sufficient appropriation is made.	3180

(6) If the judgment is against any department, board,	3181
office, commission, agency, institution, or other instrumentality	3182
of the state whose funds are not handled by the director of budget	3183
and management, the instrumentality against which the judgment is	3184
made, within sixty days after the date of the judgment, shall pay	3185
the judgment creditor in the amount of the judgment plus interest	3186
at the same rate that is applicable to judgments rendered against	3187
private parties to a suit as specified in division (A) of section	3188
1343.03 of the Revised Code and for the number of days determined	3189
pursuant to division (B)(1) or (2) of section 2743.18 of the	3190
Revised Code.	3191

(D) No judgment shall be forwarded by the clerk of the court	3192
of claims to the director of budget and management until all	3193
appeals have been determined and all rights to appeal have been	3194
exhausted, except as otherwise provided in this section. If a	3195
party to a civil action against the state appeals from only a	3196
portion of a judgment and if a remaining portion provides for the	3197
payment of money by the state, a certified copy of the judgment	3198
and a copy of the notice of appeal shall be forwarded to the	3199
director, and that part of the judgment calling for the payment of	3200
money by the state and not a subject of the appeal shall be	3201
processed for payment as described in this section.	3202

Sec. 2744.01.  As used in this chapter:

3203

(A) "Emergency call" means a call to duty, including, but not	3204
limited to, communications from citizens, police dispatches, and	3205
personal observations by peace officers of inherently dangerous	3206
situations that demand an immediate response on the part of a	3207
peace officer.	3208

(B) "Employee" means an officer, agent, employee, or servant,	3209
whether or not compensated or full-time or part-time, who is	3210
authorized to act and is acting within the scope of the officer's,	3211
agent's, employee's, or servant's employment for a political	3212
subdivision. "Employee" does not include an independent contractor	3213
and does not include any individual engaged by a school district	3214
pursuant to section 3319.301 of the Revised Code. "Employee"	3215
includes any elected or appointed official of a political	3216
subdivision. "Employee" also includes a person who has been	3217
convicted of or pleaded guilty to a criminal offense and who has	3218
been sentenced to perform community service work in a political	3219
subdivision whether pursuant to section 2951.02 of the Revised	3220
Code or otherwise, and a child who is found to be a delinquent	3221
child and who is ordered by a juvenile court pursuant to section	3222
2151.355 of the Revised Code to perform community service or	3223
community work in a political subdivision.	3224

(C)(1) "Governmental function" means a function of a	3225
political subdivision that is specified in division (C)(2) of this	3226
section or that satisfies any of the following:	3227

(a) A function that is imposed upon the state as an	3228
obligation of sovereignty and that is performed by a political	3229
subdivision voluntarily or pursuant to legislative requirement;	3230

(b) A function that is for the common good of all citizens	3231
of the state;	3232

(c) A function that promotes or preserves the public peace,	3233
health, safety, or welfare; that involves activities that are not	3234
engaged in or not customarily engaged in by nongovernmental	3235
persons; and that is not specified in division (G)(2) of this	3236
section as a proprietary function.	3237

(2) A "governmental function" includes, but is not limited	3238
to, the following:	3239

(a) The provision or nonprovision of police, fire, emergency	3240
medical, ambulance, and rescue services or protection;	3241

(b) The power to preserve the peace; to prevent and suppress	3242
riots, disturbances, and disorderly assemblages; to prevent,	3243
mitigate, and clean up releases of oil and hazardous and extremely	3244
hazardous substances as defined in section 3750.01 of the Revised	3245
Code; and to protect persons and property;	3246

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

3247

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

3248

(e) The regulation of the use of, and the maintenance and	3249
repair of, roads, highways, streets, avenues, alleys, sidewalks,	3250
bridges, aqueducts, viaducts, and public grounds;	3251

(f) Judicial, quasi-judicial, prosecutorial, legislative,	3252
and quasi-legislative functions;	3253

(g) The construction, reconstruction, repair, renovation,	3254
maintenance, and operation of buildings that are used in	3255
connection with the performance of a governmental function,	3256
including, but not limited to, office buildings and courthouses;	3257

(h) The design, construction, reconstruction, renovation,	3258
repair, maintenance, and operation of jails, places of juvenile	3259
detention, workhouses, or any other detention facility, as defined	3260
in section 2921.01 of the Revised Code;	3261

(i) The enforcement or nonperformance of any law;

3262

(j) The regulation of traffic, and the erection or	3263
nonerection of traffic signs, signals, or control devices;	3264

(k) The collection and disposal of solid wastes, as defined	3265
in section 3734.01 of the Revised Code, including, but not limited	3266
to, the operation of solid waste disposal facilities, as	3267
"facilities" is defined in that section, and the collection and	3268
management of hazardous waste generated by households. As used in	3269
division (C)(2)(k) of this section, "hazardous waste generated by	3270
households" means solid waste originally generated by individual	3271
households that is listed specifically as hazardous waste in or	3272
exhibits one or more characteristics of hazardous waste as defined	3273
by rules adopted under section 3734.12 of the Revised Code, but	3274
that is excluded from regulation as a hazardous waste by those	3275
rules.	3276

(l) The provision or nonprovision, planning or design,	3277
construction, or reconstruction of a public improvement,	3278
including, but not limited to, a sewer system;	3279

(m) The operation of a human services department or agency,	3280
including, but not limited to, the provision of assistance to aged	3281
and infirm persons and to persons who are indigent;	3282

(n) The operation of a health board, department, or agency,	3283
including, but not limited to, any statutorily required or	3284
permissive program for the provision of immunizations or other	3285
inoculations to all or some members of the public, provided that a	3286
"governmental function" does not include the supply, manufacture,	3287
distribution, or development of any drug or vaccine employed in	3288
any such immunization or inoculation program by any supplier,	3289
manufacturer, distributor, or developer of the drug or vaccine;	3290

(o) The operation of mental health facilities, mental	3291
retardation or developmental disabilities facilities, alcohol	3292
treatment and control centers, and children's homes or agencies;	3293

(p) The provision or nonprovision of inspection services of	3294
all types, including, but not limited to, inspections in	3295
connection with building, zoning, sanitation, fire, plumbing, and	3296
electrical codes, and the taking of actions in connection with	3297
those types of codes, including, but not limited to, the approval	3298
of plans for the construction of buildings or structures and the	3299
issuance or revocation of building permits or stop work orders in	3300
connection with buildings or structures;	3301

(q) Urban renewal projects and the elimination of slum	3302
conditions;	3303

(r) Flood control measures;

3304

(s) The design, construction, reconstruction, renovation,	3305
operation, care, repair, and maintenance of a township cemetery;	3306

(t) The issuance of revenue obligations under section 140.06	3307
of the Revised Code;	3308

(u) The design, construction, reconstruction, renovation,	3309
repair, maintenance, and operation of any park, playground,	3310
playfield, indoor recreational facility, zoo, zoological park,	3311
bath, swimming pool, pond, water park, wading pool, wave pool,	3312
water slide, and other type of aquatic facility, or golf course;	3313

(v) The provision of public defender services by a county or	3314
joint county public defender's office pursuant to Chapter 120. of	3315
the Revised Code;	3316

(w) A function that the general assembly mandates a	3317
political subdivision to perform.	3318

(D) "Law" means any provision of the constitution, statutes,	3319
or rules of the United States or of this state; provisions of	3320
charters, ordinances, resolutions, and rules of political	3321
subdivisions; and written policies adopted by boards of education.	3322
When used in connection with the "common law," this definition	3323
does not apply.	3324

(E) "Motor vehicle" has the same meaning as in section	3325
4511.01 of the Revised Code.	3326

(F) "Political subdivision" or "subdivision" means a	3327
municipal corporation, township, county, school district, or other	3328
body corporate and politic responsible for governmental activities	3329
in a geographic area smaller than that of the state. "Political	3330
subdivision" includes, but is not limited to, a county hospital	3331
commission appointed under section 339.14 of the Revised Code,	3332
regional planning commission created pursuant to section 713.21 of	3333
the Revised Code, county planning commission created pursuant to	3334
section 713.22 of the Revised Code, joint planning council created	3335
pursuant to section 713.231 of the Revised Code, interstate	3336
regional planning commission created pursuant to section 713.30 of	3337
the Revised Code, port authority created pursuant to section	3338
4582.02 or 4582.26 of the Revised Code or in existence on December	3339
16, 1964, regional council established by political subdivisions	3340
pursuant to Chapter 167. of the Revised Code, emergency planning	3341
district and joint emergency planning district designated under	3342
section 3750.03 of the Revised Code, joint emergency medical	3343
services district created pursuant to section 307.052 of the	3344
Revised Code, fire and ambulance district created pursuant to	3345
section 505.375 of the Revised Code, joint interstate emergency	3346
planning district established by an agreement entered into under	3347
that section, county solid waste management district and joint	3348
solid waste management district established under section 343.01	3349
or 343.012 of the Revised Code, and community school established	3350
under Chapter 3314. of the Revised Code.	3351

(G)(1) "Proprietary function" means a function of a political	3352
subdivision that is specified in division (G)(2) of this section	3353
or that satisfies both of the following:	3354

(a) The function is not one described in division (C)(1)(a)	3355
or (b) of this section and is not one specified in division (C)(2)	3356
of this section;	3357

(b) The function is one that promotes or preserves the	3358
public peace, health, safety, or welfare and that involves	3359
activities that are customarily engaged in by nongovernmental	3360
persons.	3361

(2) A "proprietary function" includes, but is not limited	3362
to, the following:	3363

(a) The operation of a hospital by one or more political	3364
subdivisions;	3365

(b) The design, construction, reconstruction, renovation,	3366
repair, maintenance, and operation of a public cemetery other than	3367
a township cemetery;	3368

(c) The establishment, maintenance, and operation of a	3369
utility, including, but not limited to, a light, gas, power, or	3370
heat plant, a railroad, a busline or other transit company, an	3371
airport, and a municipal corporation water supply system;	3372

(d) The maintenance, destruction, operation, and upkeep of a	3373
sewer system;	3374

(e) The operation and control of a public stadium,	3375
auditorium, civic or social center, exhibition hall, arts and	3376
crafts center, band or orchestra, or off-street parking facility.	3377

(H) "Public roads" means public roads, highways, streets,	3378
avenues, alleys, and bridges within a political subdivision.	3379
"Public roads" does not include berms, shoulders, rights-of-way,	3380
or traffic control devices unless the traffic control devices are	3381
mandated by the Ohio manual of uniform traffic control devices.	3382

(I) "State" means the state of Ohio, including, but not	3383
limited to, the general assembly, the supreme court, the offices	3384
of all elected state officers, and all departments, boards,	3385
offices, commissions, agencies, colleges and universities,	3386
institutions, and other instrumentalities of the state of Ohio.	3387
"State" does not include political subdivisions.	3388

Sec. 2744.02.  (A)(1) For the purposes of this chapter, the	3389
functions of political subdivisions are hereby classified as	3390
governmental functions and proprietary functions. Except as	3391
provided in division (B) of this section, a political subdivision	3392
is not liable in damages in a civil action for injury, death, or	3393
loss to person or property allegedly caused by any act or omission	3394
of the political subdivision or an employee of the political	3395
subdivision in connection with a governmental or proprietary	3396
function.	3397

(2) Subject to statutory limitations upon their monetary	3398
jurisdiction, the courts of common pleas, the municipal courts,	3399
and the county courts have jurisdiction to hear and determine	3400
civil actions governed by or brought pursuant to this chapter.	3401

(B) Subject to sections 2744.03 and 2744.05 of the Revised	3402
Code, a political subdivision is liable in damages in a civil	3403
action for injury, death, or loss to person or property allegedly	3404
caused by an act or omission of the political subdivision or of	3405
any of its employees in connection with a governmental or	3406
proprietary function, as follows:	3407

(1) Except as otherwise provided in this division, political	3408
subdivisions are liable for injury, death, or loss to person or	3409
property caused by the negligent operation of any motor vehicle by	3410
their employees upon the public roads, highways, or streets when	3411
the employees are engaged within the scope of their employment and	3412
authority. The following are full defenses to that liability:	3413

(a) A member of a municipal corporation police department or	3414
any other police agency was operating a motor vehicle while	3415
responding to an emergency call and the operation of the vehicle	3416
did not constitute willful or wanton misconduct;	3417

(b) A member of a municipal corporation fire department or	3418
any other firefighting agency was operating a motor vehicle while	3419
engaged in duty at a fire, proceeding toward a place where a fire	3420
is in progress or is believed to be in progress, or answering any	3421
other emergency alarm and the operation of the vehicle did not	3422
constitute willful or wanton misconduct;	3423

(c) A member of an emergency medical service owned or	3424
operated by a political subdivision was operating a motor vehicle	3425
while responding to or completing a call for emergency medical	3426
care or treatment, the member was holding a valid commercial	3427
driver's license issued pursuant to Chapter 4506. or a driver's	3428
license issued pursuant to Chapter 4507. of the Revised Code, the	3429
operation of the vehicle did not constitute willful or wanton	3430
misconduct, and the operation complies with the precautions of	3431
section 4511.03 of the Revised Code.	3432

(2) Except as otherwise provided in sections 3314.07 and	3433
3746.24 of the Revised Code, political subdivisions are liable for	3434
injury, death, or loss to person or property caused by the	3435
negligent performance of acts by their employees with respect to	3436
proprietary functions of the political subdivisions.	3437

(3) Except as otherwise provided in section 3746.24 of the	3438
Revised Code, political subdivisions are liable for injury, death,	3439
or loss to person or property caused by their negligent failure to	3440
keep public roads, highways, streets, avenues, alleys, sidewalks,	3441
bridges, aqueducts, viaducts, or public grounds within the	3442
political subdivisions open, in repair and other negligent failure	3443
to remove obstructions from public roads, and free from nuisance,	3444
except that it is a full defense to that liability, when a bridge	3445
within a municipal corporation is involved, that the municipal	3446
corporation does not have the responsibility for maintaining or	3447
inspecting the bridge.	3448

(4) Except as otherwise provided in section 3746.24 of the	3449
Revised Code, political subdivisions are liable for injury, death,	3450
or loss to person or property that is caused by the negligence of	3451
their employees and that occurs within or on the grounds of, and	3452
is due to physical defects within or on the grounds of, buildings	3453
that are used in connection with the performance of a governmental	3454
function, including, but not limited to, office buildings and	3455
courthouses, but not including jails, places of juvenile	3456
detention, workhouses, or any other detention facility, as defined	3457
in section 2921.01 of the Revised Code.	3458

(5) In addition to the circumstances described in divisions	3459
(B)(1) to (4) of this section, a political subdivision is liable	3460
for injury, death, or loss to person or property when liability is	3461
expressly imposed upon the political subdivision by a section of	3462
the Revised Code, including, but not limited to, sections 2743.02	3463
and 5591.37 of the Revised Code. Liability shall not be construed	3464
to exist under another section of the Revised Code merely because	3465
that section imposes a responsibility or mandatory dutyis imposed	3466
upon a political subdivision,or because of a general	3467
authorization in that section that a political subdivision may sue	3468
and be sued, or because that section uses the term "shall" in a	3469
provision pertaining to a political subdivision.	3470

(C) An order that denies a political subdivision or an	3471
employee of a political subdivision the benefit of an alleged	3472
immunity from liability as provided in Chapter 2744. or any other	3473
provision of the law is a final order.	3474

Sec. 2744.03.  (A) In a civil action brought against a	3475
political subdivision or an employee of a political subdivision to	3476
recover damages for injury, death, or loss to persons or property	3477
allegedly caused by any act or omission in connection with a	3478
governmental or proprietary function, the following defenses or	3479
immunities may be asserted to establish nonliability:	3480

(1) The political subdivision is immune from liability if	3481
the employee involved was engaged in the performance of a	3482
judicial, quasi-judicial, prosecutorial, legislative, or	3483
quasi-legislative function.	3484

(2) The political subdivision is immune from liability if	3485
the conduct of the employee involved, other than negligent	3486
conduct, that gave rise to the claim of liability was required by	3487
law or authorized by law, or if the conduct of the employee	3488
involved that gave rise to the claim of liability was necessary or	3489
essential to the exercise of powers of the political subdivision	3490
or employee.	3491

(3) The political subdivision is immune from liability if	3492
the action or failure to act by the employee involved that gave	3493
rise to the claim of liability was within the discretion of the	3494
employee with respect to policy-making, planning, or enforcement	3495
powers by virtue of the duties and responsibilities of the office	3496
or position of the employee.	3497

(4) The political subdivision is immune from liability if	3498
the action or failure to act by the political subdivision or	3499
employee involved that gave rise to the claim of liability	3500
resulted in injury or death to a person who had been convicted of	3501
or pleaded guilty to a criminal offense and who, at the time of	3502
the injury or death, was serving any portion of the person's	3503
sentence by performing community service work for or in the	3504
political subdivision whether pursuant to section 2951.02 of the	3505
Revised Code or otherwise, or resulted in injury or death to a	3506
child who was found to be a delinquent child and who, at the time	3507
of the injury or death, was performing community service or	3508
community work for or in a political subdivision in accordance	3509
with the order of a juvenile court entered pursuant to section	3510
2151.355 of the Revised Code, and if, at the time of the person's	3511
or child's injury or death, the person or child was covered for	3512
purposes of Chapter 4123. of the Revised Code in connection with	3513
the community service or community work for or in the political	3514
subdivision.	3515

(5) The political subdivision is immune from liability if	3516
the injury, death, or loss to persons or property resulted from	3517
the exercise of judgment or discretion in determining whether to	3518
acquire, or how to use, equipment, supplies, materials, personnel,	3519
facilities, and other resources unless the judgment or discretion	3520
was exercised with malicious purpose, in bad faith, or in a wanton	3521
or reckless manner.	3522

(6) In addition to any immunity or defense referred to in	3523
division (A)(7) of this section and in circumstances not covered	3524
by that division or sections 3314.07 and 3746.24 of the Revised	3525
Code, the employee is immune from liability unless one of the	3526
following applies:	3527

(a) The employee's acts or omissions were manifestly outside	3528
the scope of the employee's employment or official	3529
responsibilities;	3530

(b) The employee's acts or omissions were with malicious	3531
purpose, in bad faith, or in a wanton or reckless manner;	3532

(c) Liability is expressly imposed upon the employee by a	3533
section of the Revised Code. Liability shall not be construed to	3534
exist under another section of the Revised Code merely because	3535
that section imposes a responsibility or mandatory duty upon an	3536
employee, because of a general authorization in that section that	3537
an employee may sue and be sued, or because the section uses the	3538
term "shall" in a provision pertaining to an employee.	3539

(7) The political subdivision, and an employee who is a	3540
county prosecuting attorney, city director of law, village	3541
solicitor, or similar chief legal officer of a political	3542
subdivision, an assistant of any such person, or a judge of a	3543
court of this state is entitled to any defense or immunity	3544
available at common law or established by the Revised Code.	3545

(B) Any immunity or defense conferred upon, or referred to	3546
in connection with, an employee by division (A)(6) or (7) of this	3547
section does not affect or limit any liability of a political	3548
subdivision for an act or omission of the employee as provided in	3549
section 2744.02 of the Revised Code.	3550

Sec. 2744.04.  (A) An action against a political subdivision	3551
to recover damages for injury, death, or loss to persons or	3552
property allegedly caused by any act or omission in connection	3553
with a governmental or proprietary function, whether brought as an	3554
original action, cross-claim, counterclaim, third-party claim, or	3555
claim for subrogation, shall be brought within two years after the	3556
cause of action arose, or within any applicable shorter period of	3557
time for bringing the action provided by the Revised Code. This	3558
division applies to actions brought against political subdivisions	3559
by all persons, governmental entities, and the state.	3560

(B) In the complaint filed in a civil action against a	3561
political subdivision or an employee of a political subdivision to	3562
recover damages for injury, death, or loss to persons or property	3563
allegedly caused by an act or omission in connection with a	3564
governmental or proprietary function, whether filed in an original	3565
action, cross-claim, counterclaim, third-party claim, or claim for	3566
subrogation, the complainant shall include a demand for a judgment	3567
for the damages that the judge in a nonjury trial or the jury in a	3568
jury trial finds that the complainant is entitled to be awarded,	3569
but shall not specify in that demand any monetary amount for	3570
damages sought.	3571

Sec. 2744.05.  Notwithstanding any other provisions of the	3572
Revised Code or rules of a court to the contrary, in an action	3573
against a political subdivision to recover damages for injury,	3574
death, or loss to person or property caused by an act or omission	3575
in connection with a governmental or proprietary function:	3576

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

3577

(B)(1) If a claimant receives or is entitled to receive	3578
benefits for injuries or loss allegedly incurred from a policy or	3579
policies of insurance or any other source, the benefits shall be	3580
disclosed to the court, and the amount of the benefits shall be	3581
deducted from any award against a political subdivision recovered	3582
by that claimant. No insurer or other person is entitled to bring	3583
an action under a subrogation provision in an insurance or other	3584
contract against a political subdivision with respect to those	3585
benefits. The amount of the benefits shall be deducted from an	3586
award against a political subdivision under division (B)(1) of	3587
this section regardless of whether the claimant may be under an	3588
obligation to pay back the benefits upon recovery, in whole or in	3589
part, for the claim. A claimant whose benefits have been deducted	3590
from an award under division (B)(1) of this section is not	3591
considered fully compensated and shall not be required to	3592
reimburse a subrogated claim for benefits deducted from an award	3593
pursuant to division (B)(1) of this section.	3594

(2) Nothing in this division (B)(1) of this section shall be	3595
construed to do either of the following:	3596

(a)(1) Limit the rights of a beneficiary under a life	3597
insurance policy or the rights of sureties under fidelity or	3598
surety bonds;	3599

(b)(2) Prohibit the department of job and family services	3600
from recovering from the political subdivision, pursuant to	3601
section 5101.58 of the Revised Code, the cost of medical	3602
assistance benefits provided under Chapter 5107., 5111., or 5115.	3603
of the Revised Code.	3604

(C)(1) There shall not be any limitation on compensatory	3605
damages that represent the actual loss of the person who is	3606
awarded the damages. However, except in wrongful death actions	3607
brought pursuant to Chapter 2125. of the Revised Code, damages	3608
that arise from the same cause of action, transaction or	3609
occurrence, or series of transactions or occurrences and that do	3610
not represent the actual loss of the person who is awarded the	3611
damages shall not exceed two hundred fifty thousand dollars in	3612
favor of any one person. The limitation on damages that do not	3613
represent the actual loss of the person who is awarded the damages	3614
provided in this division does not apply to court costs that are	3615
awarded to a plaintiff, or to interest on a judgment rendered in	3616
favor of a plaintiff, in an action against a political	3617
subdivision.	3618

(2) As used in this division, "the actual loss of the person	3619
who is awarded the damages" includes all of the following:	3620

(a) All wages, salaries, or other compensation lost by the	3621
person injured as a result of the injury, including wages,	3622
salaries, or other compensation lost as of the date of a judgment	3623
and future expected lost earnings of the person injured;	3624

(b) All expenditures of the person injured or another person	3625
on behalf of the person injured for medical care or treatment, for	3626
rehabilitation services, or for other care, treatment, services,	3627
products, or accommodations that were necessary because of the	3628
injury;	3629

(c) All expenditures to be incurred in the future, as	3630
determined by the court, by the person injured or another person	3631
on behalf of the person injured for medical care or treatment, for	3632
rehabilitation services, or for other care, treatment, services,	3633
products, or accommodations that will be necessary because of the	3634
injury;	3635

(d) All expenditures of a person whose property was injured	3636
or destroyed or of another person on behalf of the person whose	3637
property was injured or destroyed in order to repair or replace	3638
the property that was injured or destroyed;	3639

(e) All expenditures of the person injured or of the person	3640
whose property was injured or destroyed or of another person on	3641
behalf of the person injured or of the person whose property was	3642
injured or destroyed in relation to the actual preparation or	3643
presentation of the claim involved;	3644

(f) Any other expenditures of the person injured or of the	3645
person whose property was injured or destroyed or of another	3646
person on behalf of the person injured or of the person whose	3647
property was injured or destroyed that the court determines	3648
represent an actual loss experienced because of the personal or	3649
property injury or property loss.	3650

"The actual loss of the person who is awarded the damages"	3651
does not include any fees paid or owed to an attorney for any	3652
services rendered in relation to a personal or property injury or	3653
property loss, and does not include any damages awarded for pain	3654
and suffering, for the loss of society, consortium, companionship,	3655
care, assistance, attention, protection, advice, guidance,	3656
counsel, instruction, training, or education of the person	3657
injured, for mental anguish, or for any other intangible loss.	3658

Sec. 2744.06.  (A) Real or personal property, and moneys,	3659
accounts, deposits, or investments of a political subdivision are	3660
not subject to execution, judicial sale, garnishment, or	3661
attachment to satisfy a judgment rendered against a political	3662
subdivision in a civil action to recover damages for injury,	3663
death, or loss to personsperson or property caused by an act or	3664
omission of the political subdivision or any of its employees in	3665
connection with a governmental or proprietary function. Such	3666
judgments shall be paid from funds of the political subdivisions	3667
that have been appropriated for that purpose, but, if sufficient	3668
funds are not currently appropriated for the payment of judgments,	3669
the fiscal officer of a political subdivision shall certify the	3670
amount of any unpaid judgments to the taxing authority of the	3671
political subdivision for inclusion in the next succeeding budget	3672
and annual appropriation measure and payment in the next	3673
succeeding fiscal year as provided by section 5705.08 of the	3674
Revised Code, unless any such judgment is to be paid from the	3675
proceeds of bonds issued pursuant to section 133.14 of the Revised	3676
Code or pursuant to annual installments authorized by division (B)	3677
or (C) of this section.	3678

(B)(1)(a) As used in this division, "the actual loss of the	3679
person who is awarded the damages" includes all of the following:	3680

(i) All wages, salaries, or other compensation lost by the	3681
person injured as a result of the injury, as of the date of the	3682
judgment;	3683

(ii) All expenditures of the person injured or of another	3684
person on his behalf of the person injured for medical care or	3685
treatment, for rehabilitation services, or for other care,	3686
treatment, services, products, or accommodations that were	3687
necessary because of the injury;	3688

(iii) All expenditures of a person whose property was	3689
injured or destroyed or of another person on his behalf of the	3690
person whose property was injured or destroyed in order to repair	3691
or replace the property that was injured or destroyed;	3692

(iv) All expenditures of the person injured or whose	3693
property was injured or destroyed or of another person on his	3694
behalf of the person injured or whose property was injured or	3695
destroyed in relation to the actual preparation or presentation of	3696
the person's claim;	3697

(v) Any other expenditures of the person injured or of the	3698
person whose property was injured or destroyed or of another	3699
person on his behalf of the person injured or whose property was	3700
injured or destroyed that the court determines represent an actual	3701
loss experienced because of the personal or property injury or	3702
property loss.	3703

(b) As used in this division, "the actual loss of the person	3704
who is awarded the damages" does not include any of the following:	3705

(i) Wages, salaries, or other compensation lost by the	3706
person injured as a result of the injury, that are future expected	3707
earnings of such a person;	3708

(ii) Expenditures to be incurred in the future, as	3709
determined by the court, by the person injured or by another	3710
person on his behalf of the person injured for medical care or	3711
treatment, for rehabilitation services, or for other care,	3712
treatment, services, products, or accommodations that will be	3713
necessary because of the injury;	3714

(iii) Any fees paid or owed to an attorney for any services	3715
rendered in relation to a personal or property injury or property	3716
loss;	3717

(iv) Any damages awarded for pain and suffering, for the	3718
loss of society, consortium, companionship, care, assistance,	3719
attention, protection, advice, guidance, counsel, instruction,	3720
training, or education of the person injured, for mental anguish,	3721
or for any other intangible loss.	3722

(2) Except as specifically provided to the contrary in this	3723
division, a court that renders a judgment against a political	3724
subdivision as described in division (A) of this section and that	3725
is not in favor of the state may authorize the political	3726
subdivision, upon the motion of the political subdivision, to pay	3727
the judgment or a specified portion of the judgment in annual	3728
installments over a period not to exceed ten years, subject to the	3729
payment of interest at the rate specified in section 1343.03 of	3730
the Revised Code. A court shall not authorize the payment in	3731
installments under this division of any portion of a judgment or	3732
entire judgment that represents the actual loss of the person who	3733
is awarded the damages.	3734

Additionally, a court shall not authorize the payment in	3735
installments under this division of any portion of a judgment or	3736
entire judgment that does not represent the actual loss of the	3737
person who is awarded the damages unless the court, after	3738
balancing the interests of the political subdivision and of the	3739
person in whose favor the judgment was rendered, determines that	3740
installment payments would be appropriate under the circumstances	3741
and would not be unjust to the person in whose favor the judgment	3742
was rendered. If a court makes such a determination, it shall fix	3743
the amount of the installment payments in such a manner as to	3744
achieve for the person in whose favor the judgment was rendered,	3745
the same economic result over the period as hethat person would	3746
have received if the judgment or portion of the judgment subject	3747
to the installment payments had been paid in a lump sum payment.	3748

(C) At the option of a political subdivision, a judgment as	3749
described in division (A) of this section and that is rendered in	3750
favor of the state may be paid in equal annual installments over a	3751
period not to exceed ten years, without the payment of interest.	3752

Sec.  3123.17.  (A) When a court issues or modifies a	3753
court support order, the court shall determine the following:	3754

(1) Whether the obligor is in default under a prior court	3755
support order or the court support order being modified;	3756

(2) If the obligor is in default, the date the court support	3757
order went into default and the amount of support arrearages owed	3758
pursuant to the default.	3759

If the court determines the obligor is in default under a	3760
support order, the court shall issue a new order requiring the	3761
obligor to pay support. If the court determines the default was	3762
willful, the court shall assess interest on the arrearage amount	3763
from the date the court specifies as the date of default to the	3764
date the court issues the new order requiring the payment of	3765
support and shall compute the interest at the rate specified in	3766
division (A) of section 1343.03 of the Revised Code. The court	3767
shall specify in the support order the amount of interest the	3768
court assessed against the obligor and incorporate the amount of	3769
interest into the new monthly payment plan.	3770

(B) When a court issues or modifies a court support order,	3771
the court may include in the support order a statement ordering	3772
either party to pay the costs of the action, including, but not	3773
limited to, attorney's fees, fees for genetic tests in contested	3774
actions under sections 3111.01 to 3111.18 of the Revised Code,	3775
and court costs.	3776

Sec. 3722.08.  (A) If the director of health determines that	3777
an adult care facility is in violation of this chapter or rules	3778
adopted under it, hethe director may impose a civil penalty,	3779
pursuant to rules adopted by the public health council under this	3780
chapter, on the owner of the facility. The director shall	3781
determine the classification and amount of the penalty by	3782
considering the following factors:	3783

(1) The gravity of the violation, the severity of the actual	3784
or potential harm, and the extent to which the provisions of this	3785
chapter or rules adopted under it were violated;	3786

(2) Actions taken by the owner or manager to correct the	3787
violation;	3788

(3) The number, if any, of previous violations by the adult	3789
care facility.	3790

(B) The director shall give written notice of the order	3791
imposing a civil penalty to the adult care facility by certified	3792
mail, return receipt requested, or shall provide for delivery of	3793
the notice in person. The notice shall specify the classification	3794
of the violation as determined by rules adopted by the public	3795
health council pursuant to this chapter, the amount of the penalty	3796
and the rate of interest, the action that is required to be taken	3797
to correct the violation, the time within which it is to be	3798
corrected as specified in division (C) of this section, and the	3799
procedures for the facility to follow to request a conference on	3800
the order imposing a civil penalty. If the facility requests a	3801
conference in a letter mailed or delivered not later than two	3802
working days after it has received the notice, the director shall	3803
hold a conference with representatives of the facility concerning	3804
the civil penalty. The conference shall be held not later than	3805
seven days after the director receives the request. The	3806
conference shall be conducted as prescribed in division (C) of	3807
section 3722.07 of the Revised Code. If the director issues an	3808
order upholding the civil penalty, the facility may request an	3809
adjudication hearing pursuant to Chapter 119. of the Revised Code,	3810
but the order of the director shall be in effect during	3811
proceedings instituted pursuant to that chapter until a final	3812
adjudication is made.	3813

(C) The director shall order that the condition or practice	3814
constituting a class I violation be abated or eliminated within	3815
twenty-four hours or any longer period hethat the director	3816
considers reasonable. The notice for a class II or a class III	3817
violation shall specify a time within which the violation is	3818
required to be corrected.	3819

(D) If the facility does not request a conference or if,	3820
after a conference, it fails to take action to correct a	3821
violation, the director shall issue an order upholding the	3822
penalty, plus interest at the rate specified in section 1343.03 of	3823
the Revised Code for each day beyond the date set for payment of	3824
the penalty. The director may waive the interest payment for the	3825
period prior to the conference if hethe director concludes that	3826
the conference was necessitated by a legitimate dispute.	3827

(E) The director may cancel or reduce the penalty for a	3828
class I violation if the facility corrects the violation within	3829
the time specified in the notice unless a resident suffers	3830
physical harm because of the violation or unless the facility has	3831
been cited previously for the same violation, in which case the	3832
director shall impose the penalty even though the facility has	3833
corrected the violation. The director shall cancel the penalty	3834
for a class II or class III violation if the facility corrects the	3835
violation within the time specified in the notice unless the	3836
facility has been cited previously for the same violation. Each	3837
day of a violation of any class, after the date the director sets	3838
for abatement or elimination, constitutes a separate and	3839
additional violation.	3840

(F) If an adult care facility fails to pay a penalty imposed	3841
under this section, the director may commence a civil action to	3842
collect the penalty. The license of an adult care facility that	3843
has failed to pay a penalty imposed under this section shall not	3844
be renewed until the penalty has been paid.	3845

(G) If a penalty is imposed under this section, a fine shall	3846
not be imposed under section 3722.99 of the Revised Code for the	3847
same violation.	3848

(H) Notwithstanding any other division of this section, the	3849
director shall not impose a penalty for a class I violation if all	3850
of the following apply:	3851

(1) A resident has not suffered physical harm because of the	3852
violation;	3853

(2) The violation has been corrected and is no longer	3854
occurring;	3855

(3) The violation is discovered by an inspector authorized	3856
to inspect an adult care facility pursuant to this chapter by his	3857
an examination of the records of the facility.	3858

Sec. 4112.02.  It shall be an unlawful discriminatory	3859
practice:	3860

(A) For any employer, because of the race, color, religion,	3861
sex, national origin, disability, age, or ancestry of any person,	3862
to discharge without just cause, to refuse to hire, or otherwise	3863
to discriminate against that person with respect to hire, tenure,	3864
terms, conditions, or privileges of employment, or any matter	3865
directly or indirectly related to employment.	3866

(B) For an employment agency or personnel placement service,	3867
because of race, color, religion, sex, national origin,	3868
disability, age, or ancestry, to do any of the following:	3869

(1) Refuse or fail to accept, register, classify properly,	3870
or refer for employment, or otherwise discriminate against any	3871
person;	3872

(2) Comply with a request from an employer for referral of	3873
applicants for employment if the request directly or indirectly	3874
indicates that the employer fails to comply with the provisions of	3875
sections 4112.01 to 4112.07 of the Revised Code.	3876

(C) For any labor organization to do any of the following:

3877

(1) Limit or classify its membership on the basis of race,	3878
color, religion, sex, national origin, disability, age, or	3879
ancestry;	3880

(2) Discriminate against, limit the employment opportunities	3881
of, or otherwise adversely affect the employment status, wages,	3882
hours, or employment conditions of any person as an employee	3883
because of race, color, religion, sex, national origin,	3884
disability, age, or ancestry.	3885

(D) For any employer, labor organization, or joint	3886
labor-management committee controlling apprentice training	3887
programs to discriminate against any person because of race,	3888
color, religion, sex, national origin, disability, or ancestry in	3889
admission to, or employment in, any program established to provide	3890
apprentice training.	3891

(E) Except where based on a bona fide occupational	3892
qualification certified in advance by the commission, for any	3893
employer, employment agency, personnel placement service, or labor	3894
organization, prior to employment or admission to membership, to	3895
do any of the following:	3896

(1) Elicit or attempt to elicit any information concerning	3897
the race, color, religion, sex, national origin, disability, age,	3898
or ancestry of an applicant for employment or membership;	3899

(2) Make or keep a record of the race, color, religion, sex,	3900
national origin, disability, age, or ancestry of any applicant for	3901
employment or membership;	3902

(3) Use any form of application for employment, or personnel	3903
or membership blank, seeking to elicit information regarding race,	3904
color, religion, sex, national origin, disability, age, or	3905
ancestry; but an employer holding a contract containing a	3906
nondiscrimination clause with the government of the United States,	3907
or any department or agency of that government, may require an	3908
employee or applicant for employment to furnish documentary proof	3909
of United States citizenship and may retain that proof in the	3910
employer's personnel records and may use photographic or	3911
fingerprint identification for security purposes;	3912

(4) Print or publish or cause to be printed or published any	3913
notice or advertisement relating to employment or membership	3914
indicating any preference, limitation, specification, or	3915
discrimination, based upon race, color, religion, sex, national	3916
origin, disability, age, or ancestry;	3917

(5) Announce or follow a policy of denying or limiting,	3918
through a quota system or otherwise, employment or membership	3919
opportunities of any group because of the race, color, religion,	3920
sex, national origin, disability, age, or ancestry of that group;	3921

(6) Utilize in the recruitment or hiring of persons any	3922
employment agency, personnel placement service, training school or	3923
center, labor organization, or any other employee-referring source	3924
known to discriminate against persons because of their race,	3925
color, religion, sex, national origin, disability, age, or	3926
ancestry.	3927

(F) For any person seeking employment to publish or cause to	3928
be published any advertisement that specifies or in any manner	3929
indicates that person's race, color, religion, sex, national	3930
origin, disability, age, or ancestry, or expresses a limitation or	3931
preference as to the race, color, religion, sex, national origin,	3932
disability, age, or ancestry of any prospective employer.	3933

(G) For any proprietor or any employee, keeper, or manager	3934
of a place of public accommodation to deny to any person, except	3935
for reasons applicable alike to all persons regardless of race,	3936
color, religion, sex, national origin, disability, age, or	3937
ancestry, the full enjoyment of the accommodations, advantages,	3938
facilities, or privileges of the place of public accommodation.	3939

(H) For any person to do any of the following:

3940

(1) Refuse to sell, transfer, assign, rent, lease, sublease,	3941
or finance housing accommodations, refuse to negotiate for the	3942
sale or rental of housing accommodations, or otherwise deny or	3943
make unavailable housing accommodations because of race, color,	3944
religion, sex, familial status, ancestry, disability, or national	3945
origin;	3946

(2) Represent to any person that housing accommodations are	3947
not available for inspection, sale, or rental, when in fact they	3948
are available, because of race, color, religion, sex, familial	3949
status, ancestry, disability, or national origin;	3950

(3) Discriminate against any person in the making or	3951
purchasing of loans or the provision of other financial assistance	3952
for the acquisition, construction, rehabilitation, repair, or	3953
maintenance of housing accommodations, or any person in the making	3954
or purchasing of loans or the provision of other financial	3955
assistance that is secured by residential real estate, because of	3956
race, color, religion, sex, familial status, ancestry, disability,	3957
or national origin or because of the racial composition of the	3958
neighborhood in which the housing accommodations are located,	3959
provided that the person, whether an individual, corporation, or	3960
association of any type, lends money as one of the principal	3961
aspects or incident to the person's principal business and not	3962
only as a part of the purchase price of an owner-occupied	3963
residence the person is selling nor merely casually or	3964
occasionally to a relative or friend;	3965

(4) Discriminate against any person in the terms or	3966
conditions of selling, transferring, assigning, renting, leasing,	3967
or subleasing any housing accommodations or in furnishing	3968
facilities, services, or privileges in connection with the	3969
ownership, occupancy, or use of any housing accommodations,	3970
including the sale of fire, extended coverage, or homeowners	3971
insurance, because of race, color, religion, sex, familial status,	3972
ancestry, disability, or national origin or because of the racial	3973
composition of the neighborhood in which the housing	3974
accommodations are located;	3975

(5) Discriminate against any person in the terms or	3976
conditions of any loan of money, whether or not secured by	3977
mortgage or otherwise, for the acquisition, construction,	3978
rehabilitation, repair, or maintenance of housing accommodations	3979
because of race, color, religion, sex, familial status, ancestry,	3980
disability, or national origin or because of the racial	3981
composition of the neighborhood in which the housing	3982
accommodations are located;	3983

(6) Refuse to consider without prejudice the combined income	3984
of both husband and wife for the purpose of extending mortgage	3985
credit to a married couple or either member of a married couple;	3986

(7) Print, publish, or circulate any statement or	3987
advertisement, or make or cause to be made any statement or	3988
advertisement, relating to the sale, transfer, assignment, rental,	3989
lease, sublease, or acquisition of any housing accommodations, or	3990
relating to the loan of money, whether or not secured by mortgage	3991
or otherwise, for the acquisition, construction, rehabilitation,	3992
repair, or maintenance of housing accommodations, that indicates	3993
any preference, limitation, specification, or discrimination based	3994
upon race, color, religion, sex, familial status, ancestry,	3995
disability, or national origin, or an intention to make any such	3996
preference, limitation, specification, or discrimination;	3997

(8) Except as otherwise provided in division (H)(8) or (17)	3998
of this section, make any inquiry, elicit any information, make or	3999
keep any record, or use any form of application containing	4000
questions or entries concerning race, color, religion, sex,	4001
familial status, ancestry, disability, or national origin in	4002
connection with the sale or lease of any housing accommodations or	4003
the loan of any money, whether or not secured by mortgage or	4004
otherwise, for the acquisition, construction, rehabilitation,	4005
repair, or maintenance of housing accommodations. Any person may	4006
make inquiries, and make and keep records, concerning race, color,	4007
religion, sex, familial status, ancestry, disability, or national	4008
origin for the purpose of monitoring compliance with this chapter.	4009

(9) Include in any transfer, rental, or lease of housing	4010
accommodations any restrictive covenant, or honor or exercise, or	4011
attempt to honor or exercise, any restrictive covenant;	4012

(10) Induce or solicit, or attempt to induce or solicit, a	4013
housing accommodations listing, sale, or transaction by	4014
representing that a change has occurred or may occur with respect	4015
to the racial, religious, sexual, familial status, or ethnic	4016
composition of the block, neighborhood, or other area in which the	4017
housing accommodations are located, or induce or solicit, or	4018
attempt to induce or solicit, a housing accommodations listing,	4019
sale, or transaction by representing that the presence or	4020
anticipated presence of persons of any race, color, religion, sex,	4021
familial status, ancestry, disability, or national origin, in the	4022
block, neighborhood, or other area will or may have results	4023
including, but not limited to, the following:	4024

(a) The lowering of property values;

4025

(b) A change in the racial, religious, sexual, familial	4026
status, or ethnic composition of the block, neighborhood, or other	4027
area;	4028

(c) An increase in criminal or antisocial behavior in the	4029
block, neighborhood, or other area;	4030

(d) A decline in the quality of the schools serving the	4031
block, neighborhood, or other area.	4032

(11) Deny any person access to or membership or	4033
participation in any multiple-listing service, real estate	4034
brokers' organization, or other service, organization, or facility	4035
relating to the business of selling or renting housing	4036
accommodations, or discriminate against any person in the terms or	4037
conditions of that access, membership, or participation, on	4038
account of race, color, religion, sex, familial status, national	4039
origin, disability, or ancestry;	4040

(12) Coerce, intimidate, threaten, or interfere with any	4041
person in the exercise or enjoyment of, or on account of that	4042
person's having exercised or enjoyed or having aided or encouraged	4043
any other person in the exercise or enjoyment of, any right	4044
granted or protected by division (H) of this section;	4045

(13) Discourage or attempt to discourage the purchase by a	4046
prospective purchaser of housing accommodations, by representing	4047
that any block, neighborhood, or other area has undergone or might	4048
undergo a change with respect to its religious, racial, sexual,	4049
familial status, or ethnic composition;	4050

(14) Refuse to sell, transfer, assign, rent, lease,	4051
sublease, or finance, or otherwise deny or withhold, a burial lot	4052
from any person because of the race, color, sex, familial status,	4053
age, ancestry, disability, or national origin of any prospective	4054
owner or user of the lot;	4055

(15) Discriminate in the sale or rental of, or otherwise	4056
make unavailable or deny, housing accommodations to any buyer or	4057
renter because of a disability of any of the following:	4058

(a) The buyer or renter;

4059

(b) A person residing in or intending to reside in the	4060
housing accommodations after they are sold, rented, or made	4061
available;	4062

(c) Any individual associated with the person described in	4063
division (H)(15)(b) of this section.	4064

(16) Discriminate in the terms, conditions, or privileges of	4065
the sale or rental of housing accommodations to any person or in	4066
the provision of services or facilities to any person in	4067
connection with the housing accommodations because of a disability	4068
of any of the following:	4069

(a) That person;

4070

(b) A person residing in or intending to reside in the	4071
housing accommodations after they are sold, rented, or made	4072
available;	4073

(c) Any individual associated with the person described in	4074
division (H)(16)(b) of this section.	4075

(17) Except as otherwise provided in division (H)(17) of	4076
this section, make an inquiry to determine whether an applicant	4077
for the sale or rental of housing accommodations, a person	4078
residing in or intending to reside in the housing accommodations	4079
after they are sold, rented, or made available, or any individual	4080
associated with that person has a disability, or make an inquiry	4081
to determine the nature or severity of a disability of the	4082
applicant or such a person or individual. The following inquiries	4083
may be made of all applicants for the sale or rental of housing	4084
accommodations, regardless of whether they have disabilities:	4085

(a) An inquiry into an applicant's ability to meet the	4086
requirements of ownership or tenancy;	4087

(b) An inquiry to determine whether an applicant is	4088
qualified for housing accommodations available only to persons	4089
with disabilities or persons with a particular type of disability;	4090

(c) An inquiry to determine whether an applicant is	4091
qualified for a priority available to persons with disabilities or	4092
persons with a particular type of disability;	4093

(d) An inquiry to determine whether an applicant currently	4094
uses a controlled substance in violation of section 2925.11 of the	4095
Revised Code or a substantively comparable municipal ordinance;	4096

(e) An inquiry to determine whether an applicant at any time	4097
has been convicted of or pleaded guilty to any offense, an element	4098
of which is the illegal sale, offer to sell, cultivation,	4099
manufacture, other production, shipment, transportation, delivery,	4100
or other distribution of a controlled substance.	4101

(18)(a) Refuse to permit, at the expense of a person with a	4102
disability, reasonable modifications of existing housing	4103
accommodations that are occupied or to be occupied by the person	4104
with a disability, if the modifications may be necessary to afford	4105
the person with a disability full enjoyment of the housing	4106
accommodations. This division does not preclude a landlord of	4107
housing accommodations that are rented or to be rented to a	4108
disabled tenant from conditioning permission for a proposed	4109
modification upon the disabled tenant's doing one or more of the	4110
following:	4111

(i) Providing a reasonable description of the proposed	4112
modification and reasonable assurances that the proposed	4113
modification will be made in a workerlike manner and that any	4114
required building permits will be obtained prior to the	4115
commencement of the proposed modification;	4116

(ii) Agreeing to restore at the end of the tenancy the	4117
interior of the housing accommodations to the condition they were	4118
in prior to the proposed modification, but subject to reasonable	4119
wear and tear during the period of occupancy, if it is reasonable	4120
for the landlord to condition permission for the proposed	4121
modification upon the agreement;	4122

(iii) Paying into an interest-bearing escrow account that is	4123
in the landlord's name, over a reasonable period of time, a	4124
reasonable amount of money not to exceed the projected costs at	4125
the end of the tenancy of the restoration of the interior of the	4126
housing accommodations to the condition they were in prior to the	4127
proposed modification, but subject to reasonable wear and tear	4128
during the period of occupancy, if the landlord finds the account	4129
reasonably necessary to ensure the availability of funds for the	4130
restoration work. The interest earned in connection with an	4131
escrow account described in this division shall accrue to the	4132
benefit of the disabled tenant who makes payments into the	4133
account.	4134

(b) A landlord shall not condition permission for a proposed	4135
modification upon a disabled tenant's payment of a security	4136
deposit that exceeds the customarily required security deposit of	4137
all tenants of the particular housing accommodations.	4138

(19) Refuse to make reasonable accommodations in rules,	4139
policies, practices, or services when necessary to afford a person	4140
with a disability equal opportunity to use and enjoy a dwelling	4141
unit, including associated public and common use areas;	4142

(20) Fail to comply with the standards and rules adopted	4143
under division (A) of section 3781.111 of the Revised Code;	4144

(21) Discriminate against any person in the selling,	4145
brokering, or appraising of real property because of race, color,	4146
religion, sex, familial status, ancestry, disability, or national	4147
origin;	4148

(22) Fail to design and construct covered multifamily	4149
dwellings for first occupancy on or after June 30, 1992, in	4150
accordance with the following conditions:	4151

(a) The dwellings shall have at least one building entrance	4152
on an accessible route, unless it is impractical to do so because	4153
of the terrain or unusual characteristics of the site.	4154

(b) With respect to dwellings that have a building entrance	4155
on an accessible route, all of the following apply:	4156

(i) The public use areas and common use areas of the	4157
dwellings shall be readily accessible to and usable by persons	4158
with a disability.	4159

(ii) All the doors designed to allow passage into and within	4160
all premises shall be sufficiently wide to allow passage by	4161
persons with a disability who are in wheelchairs.	4162

(iii) All premises within covered multifamily dwelling units	4163
shall contain an accessible route into and through the dwelling;	4164
all light switches, electrical outlets, thermostats, and other	4165
environmental controls within such units shall be in accessible	4166
locations; the bathroom walls within such units shall contain	4167
reinforcements to allow later installation of grab bars; and the	4168
kitchens and bathrooms within such units shall be designed and	4169
constructed in a manner that enables an individual in a wheelchair	4170
to maneuver about such rooms.	4171

For purposes of division (H)(22) of this section, "covered	4172
multifamily dwellings" means buildings consisting of four or more	4173
units if such buildings have one or more elevators and ground	4174
floor units in other buildings consisting of four or more units.	4175

(I) For any person to discriminate in any manner against any	4176
other person because that person has opposed any unlawful	4177
discriminatory practice defined in this section or because that	4178
person has made a charge, testified, assisted, or participated in	4179
any manner in any investigation, proceeding, or hearing under	4180
sections 4112.01 to 4112.07 of the Revised Code.	4181

(J) For any person to aid, abet, incite, compel, or coerce	4182
the doing of any act declared by this section to be an unlawful	4183
discriminatory practice, to obstruct or prevent any person from	4184
complying with this chapter or any order issued under it, or to	4185
attempt directly or indirectly to commit any act declared by this	4186
section to be an unlawful discriminatory practice.	4187

(K)(1) Nothing in division (H) of this section shall bar any	4188
religious or denominational institution or organization, or any	4189
nonprofit charitable or educational organization that is operated,	4190
supervised, or controlled by or in connection with a religious	4191
organization, from limiting the sale, rental, or occupancy of	4192
housing accommodations that it owns or operates for other than a	4193
commercial purpose to persons of the same religion, or from giving	4194
preference in the sale, rental, or occupancy of such housing	4195
accommodations to persons of the same religion, unless membership	4196
in the religion is restricted on account of race, color, or	4197
national origin.	4198

(2) Nothing in division (H) of this section shall bar any	4199
bona fide private or fraternal organization that, incidental to	4200
its primary purpose, owns or operates lodgings for other than a	4201
commercial purpose, from limiting the rental or occupancy of the	4202
lodgings to its members or from giving preference to its members.	4203

(3) Nothing in division (H) of this section limits the	4204
applicability of any reasonable local, state, or federal	4205
restrictions regarding the maximum number of occupants permitted	4206
to occupy housing accommodations. Nothing in that division	4207
prohibits the owners or managers of housing accommodations from	4208
implementing reasonable occupancy standards based on the number	4209
and size of sleeping areas or bedrooms and the overall size of a	4210
dwelling unit, provided that the standards are not implemented to	4211
circumvent the purposes of this chapter and are formulated,	4212
implemented, and interpreted in a manner consistent with this	4213
chapter and any applicable local, state, or federal restrictions	4214
regarding the maximum number of occupants permitted to occupy	4215
housing accommodations.	4216

(4) Nothing in division (H) of this section requires that	4217
housing accommodations be made available to an individual whose	4218
tenancy would constitute a direct threat to the health or safety	4219
of other individuals or whose tenancy would result in substantial	4220
physical damage to the property of others.	4221

(5) Nothing in division (H) of this section pertaining to	4222
discrimination on the basis of familial status shall be construed	4223
to apply to any of the following:	4224

(a) Housing accommodations provided under any state or	4225
federal program that have been determined under the "Fair Housing	4226
Amendments Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as	4227
amended, to be specifically designed and operated to assist	4228
elderly persons;	4229

(b) Housing accommodations intended for and solely occupied	4230
by persons who are sixty-two years of age or older;	4231

(c) Housing accommodations intended and operated for	4232
occupancy by at least one person who is fifty-five years of age or	4233
older per unit, as determined under the "Fair Housing Amendments	4234
Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as amended.	4235

(L) Nothing in divisions (A) to (E) of this section shall be	4236
construed to require a person with a disability to be employed or	4237
trained under circumstances that would significantly increase the	4238
occupational hazards affecting either the person with a	4239
disability, other employees, the general public, or the facilities	4240
in which the work is to be performed, or to require the employment	4241
or training of a person with a disability in a job that requires	4242
the person with a disability routinely to undertake any task, the	4243
performance of which is substantially and inherently impaired by	4244
the person's disability.	4245

(M) Nothing in divisions (H)(1) to (18) of this section	4246
shall be construed to require any person selling or renting	4247
property to modify the property in any way or to exercise a higher	4248
degree of care for a person with a disability, to relieve any	4249
person with a disability of any obligation generally imposed on	4250
all persons regardless of disability in a written lease, rental	4251
agreement, or contract of purchase or sale, or to forbid	4252
distinctions based on the inability to fulfill the terms and	4253
conditions, including financial obligations, of the lease,	4254
agreement, or contract.	4255

(N) An aggrieved individual may enforce the individual's	4256
rights relative to discrimination on the basis of age as provided	4257
for in this section by instituting a civil action, within two	4258
yearsone hundred eighty days after the alleged unlawful	4259
discriminatory practice occurred, in any court with jurisdiction	4260
for any legal or equitable relief that will effectuate the	4261
individual's rights.	4262

A person who files a civil action under this division is	4263
barred, with respect to the practices complained of, from	4264
instituting a civil action under section 4112.14 of the Revised	4265
Code and from filing a charge with the commission under section	4266
4112.05 of the Revised Code.	4267

(O) With regard to age, it shall not be an unlawful	4268
discriminatory practice and it shall not constitute a violation of	4269
division (A) of section 4112.14 of the Revised Code for any	4270
employer, employment agency, joint labor-management committee	4271
controlling apprenticeship training programs, or labor	4272
organization to do any of the following:	4273

(1) Establish bona fide employment qualifications reasonably	4274
related to the particular business or occupation that may include	4275
standards for skill, aptitude, physical capability, intelligence,	4276
education, maturation, and experience;	4277

(2) Observe the terms of a bona fide seniority system or any	4278
bona fide employee benefit plan, including, but not limited to, a	4279
retirement, pension, or insurance plan, that is not a subterfuge	4280
to evade the purposes of this section. However, no such employee	4281
benefit plan shall excuse the failure to hire any individual, and	4282
no such seniority system or employee benefit plan shall require or	4283
permit the involuntary retirement of any individual, because of	4284
the individual's age except as provided for in the "Age	4285
Discrimination in Employment Act Amendment of 1978," 92 Stat. 189,	4286
29 U.S.C.A. 623, as amended by the "Age Discrimination in	4287
Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A.	4288
623, as amended.	4289

(3) Retire an employee who has attained sixty-five years of	4290
age who, for the two-year period immediately before retirement, is	4291
employed in a bona fide executive or a high policymaking position,	4292
if the employee is entitled to an immediate nonforfeitable annual	4293
retirement benefit from a pension, profit-sharing, savings, or	4294
deferred compensation plan, or any combination of those plans, of	4295
the employer of the employee, which equals, in the aggregate, at	4296
least forty-four thousand dollars, in accordance with the	4297
conditions of the "Age Discrimination in Employment Act Amendment	4298
of 1978," 92 Stat. 189, 29 U.S.C.A. 631, as amended by the "Age	4299
Discrimination in Employment Act Amendments of 1986," 100 Stat.	4300
3342, 29 U.S.C.A. 631, as amended;	4301

(4) Observe the terms of any bona fide apprenticeship	4302
program if the program is registered with the Ohio apprenticeship	4303
council pursuant to sections 4139.01 to 4139.06 of the Revised	4304
Code and is approved by the federal committee on apprenticeship of	4305
the United States department of labor.	4306

(P) Nothing in this chapter prohibiting age discrimination	4307
and nothing in division (A) of section 4112.14 of the Revised Code	4308
shall be construed to prohibit the following:	4309

(1) The designation of uniform age the attainment of which	4310
is necessary for public employees to receive pension or other	4311
retirement benefits pursuant to Chapter 145., 742., 3307., 3309.,	4312
or 5505. of the Revised Code;	4313

(2) The mandatory retirement of uniformed patrol officers of	4314
the state highway patrol as provided in section 5505.16 of the	4315
Revised Code;	4316

(3) The maximum age requirements for appointment as a patrol	4317
officer in the state highway patrol established by section 5503.01	4318
of the Revised Code;	4319

(4) The maximum age requirements established for original	4320
appointment to a police department or fire department in sections	4321
124.41 and 124.42 of the Revised Code;	4322

(5) Any maximum age not in conflict with federal law that	4323
may be established by a municipal charter, municipal ordinance, or	4324
resolution of a board of township trustees for original	4325
appointment as a police officer or firefighter;	4326

(6) Any mandatory retirement provision not in conflict with	4327
federal law of a municipal charter, municipal ordinance, or	4328
resolution of a board of township trustees pertaining to police	4329
officers and firefighters;	4330

(7) Until January 1, 1994, the mandatory retirement of any	4331
employee who has attained seventy years of age and who is serving	4332
under a contract of unlimited tenure, or similar arrangement	4333
providing for unlimited tenure, at an institution of higher	4334
education as defined in the "Education Amendments of 1980," 94	4335
Stat. 1503, 20 U.S.C.A. 1141(a).	4336

(Q)(1)(a) Except as provided in division (Q)(1)(b) of this	4337
section, for purposes of divisions (A) to (E) of this section, a	4338
disability does not include any physiological disorder or	4339
condition, mental or psychological disorder, or disease or	4340
condition caused by an illegal use of any controlled substance by	4341
an employee, applicant, or other person, if an employer,	4342
employment agency, personnel placement service, labor	4343
organization, or joint labor-management committee acts on the	4344
basis of that illegal use.	4345

(b) Division (Q)(1)(a) of this section does not apply to an	4346
employee, applicant, or other person who satisfies any of the	4347
following:	4348

(i) The employee, applicant, or other person has	4349
successfully completed a supervised drug rehabilitation program	4350
and no longer is engaging in the illegal use of any controlled	4351
substance, or the employee, applicant, or other person otherwise	4352
successfully has been rehabilitated and no longer is engaging in	4353
that illegal use.	4354

(ii) The employee, applicant, or other person is	4355
participating in a supervised drug rehabilitation program and no	4356
longer is engaging in the illegal use of any controlled substance.	4357

(iii) The employee, applicant, or other person is	4358
erroneously regarded as engaging in the illegal use of any	4359
controlled substance, but the employee, applicant, or other person	4360
is not engaging in that illegal use.	4361

(2) Divisions (A) to (E) of this section do not prohibit an	4362
employer, employment agency, personnel placement service, labor	4363
organization, or joint labor-management committee from doing any	4364
of the following:	4365

(a) Adopting or administering reasonable policies or	4366
procedures, including, but not limited to, testing for the illegal	4367
use of any controlled substance, that are designed to ensure that	4368
an individual described in division (Q)(1)(b)(i) or (ii) of this	4369
section no longer is engaging in the illegal use of any controlled	4370
substance;	4371

(b) Prohibiting the illegal use of controlled substances and	4372
the use of alcohol at the workplace by all employees;	4373

(c) Requiring that employees not be under the influence of	4374
alcohol or not be engaged in the illegal use of any controlled	4375
substance at the workplace;	4376

(d) Requiring that employees behave in conformance with the	4377
requirements established under "The Drug-Free Workplace Act of	4378
1988," 102 Stat. 4304, 41 U.S.C.A. 701, as amended;	4379

(e) Holding an employee who engages in the illegal use of	4380
any controlled substance or who is an alcoholic to the same	4381
qualification standards for employment or job performance, and the	4382
same behavior, to which the employer, employment agency, personnel	4383
placement service, labor organization, or joint labor-management	4384
committee holds other employees, even if any unsatisfactory	4385
performance or behavior is related to an employee's illegal use of	4386
a controlled substance or alcoholism;	4387

(f) Exercising other authority recognized in the "Americans	4388
with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101,	4389
as amended, including, but not limited to, requiring employees to	4390
comply with any applicable federal standards.	4391

(3) For purposes of this chapter, a test to determine the	4392
illegal use of any controlled substance does not include a medical	4393
examination.	4394

(4) Division (Q) of this section does not encourage,	4395
prohibit, or authorize, and shall not be construed as encouraging,	4396
prohibiting, or authorizing, the conduct of testing for the	4397
illegal use of any controlled substance by employees, applicants,	4398
or other persons, or the making of employment decisions based on	4399
the results of that type of testing.	4400

Sec. 4112.14.  (A) No employer shall discriminate in any job	4401
opening against any applicant or discharge without just cause any	4402
employee aged forty or older who is physically able to perform the	4403
duties and otherwise meets the established requirements of the job	4404
and laws pertaining to the relationship between employer and	4405
employee.	4406

(B) Any person aged forty or older who is discriminated	4407
against in any job opening or discharged without just cause by an	4408
employer in violation of division (A) of this section may	4409
institute a civil action against the employer in a court of	4410
competent jurisdiction. If the court finds that an employer has	4411
discriminated on the basis of age, the court shall order an	4412
appropriate remedy which shall include reimbursement to himthe	4413
applicant or employee for the costs, including reasonable attorney	4414
attorney's fees, of the action, or to reinstate the employee in	4415
histhe employee's former position with compensation for lost	4416
wages and any lost fringe benefits from the date of the illegal	4417
discharge and to reimburse himthe employee for the costs,	4418
including reasonable attorneyattorney's fees, of the action. The	4419
remedies available under this section are coexistent with remedies	4420
available pursuant to sections 4112.01 to 4112.11 of the Revised	4421
Code; except that any person instituting a civil action under this	4422
section is, with respect to the practices complained of, thereby	4423
barred from instituting a civil action under division (N) of	4424
section 4112.02 of the Revised Code or from filing a charge with	4425
the Ohio civil rights commission under section 4112.05 of the	4426
Revised Code.	4427

(C) The cause of action described in division (B) of this	4428
section and any remedies available pursuant to sections 4112.01	4429
to 4112.11 of the Revised Code shall not be available in the case	4430
of discharges where the employee has available to himthe employee	4431
the opportunity to arbitrate the discharge or where a discharge	4432
has been arbitrated and has been found to be for just cause.	4433

Sec. 4112.99.  Whoever violates this chapter is subject to a	4434
civil action for damages, injunctive relief, or any other	4435
appropriate relief.	4436

Sec. 4113.52.  (A)(1)(a) If an employee becomes aware in the	4437
course of histhe employee's employment of a violation of any	4438
state or federal statute or any ordinance or regulation of a	4439
political subdivision that histhe employee's employer has	4440
authority to correct, and the employee reasonably believes that	4441
the violation either is a criminal offense that is likely to cause	4442
an imminent risk of physical harm to persons or a hazard to public	4443
health or safety or is a felony, the employee orally shall notify	4444
histhe employee's supervisor or other responsible officer of his	4445
the employee's employer of the violation and subsequently shall	4446
file with that supervisor or officer a written report that	4447
provides sufficient detail to identify and describe the violation.	4448
If the employer does not correct the violation or make a	4449
reasonable and good faith effort to correct the violation within	4450
twenty-four hours after the oral notification or the receipt of	4451
the report, whichever is earlier, the employee may file a written	4452
report that provides sufficient detail to identify and describe	4453
the violation with the prosecuting authority of the county or	4454
municipal corporation where the violation occurred, with a peace	4455
officer, with the inspector general if the violation is within his	4456
the inspector general's jurisdiction, or with any other	4457
appropriate public official or agency that has regulatory	4458
authority over the employer and the industry, trade, or business	4459
in which hethe employer is engaged.	4460

(b) If an employee makes a report under division (A)(1)(a)	4461
of this section, the employer, within twenty-four hours after the	4462
oral notification was made or the report was received or by the	4463
close of business on the next regular business day following the	4464
day on which the oral notification was made or the report was	4465
received, whichever is later, shall notify the employee, in	4466
writing, of any effort of the employer to correct the alleged	4467
violation or hazard or of the absence of the alleged violation or	4468
hazard.	4469

(2) If an employee becomes aware in the course of histhe	4470
employee's employment of a violation of chapter 3704., 3734.,	4471
6109., Or 6111. Of the revised code that is a criminal offense,	4472
the employee directly may notify, either orally or in writing, any	4473
appropriate public official or agency that has regulatory	4474
authority over the employer and the industry, trade, or business	4475
in which hethe employer is engaged.	4476

(3) If an employee becomes aware in the course of histhe	4477
employee's employment of a violation by a fellow employee of any	4478
state or federal statute, any ordinance or regulation of a	4479
political subdivision, or any work rule or company policy of his	4480
the employee's employer and the employee reasonably believes that	4481
the violation either is a criminal offense that is likely to cause	4482
an imminent risk of physical harm to persons or a hazard to public	4483
health or safety or is a felony, the employee orally shall notify	4484
histhe employee's supervisor or other responsible officer of his	4485
the employee's employer of the violation and subsequently shall	4486
file with that supervisor or officer a written report that	4487
provides sufficient detail to identify and describe the violation.	4488

(B) Except as otherwise provided in division (C) of this	4489
section, no employer shall take any disciplinary or retaliatory	4490
action against an employee for making any report authorized by	4491
division (A)(1) or (2) of this section, or as a result of the	4492
employee's having made any inquiry or taken any other action to	4493
ensure the accuracy of any information reported under either such	4494
division. No employer shall take any disciplinary or retaliatory	4495
action against an employee for making any report authorized by	4496
division (A)(3) of this section if the employee made a reasonable	4497
and good faith effort to determine the accuracy of any information	4498
so reported, or as a result of the employee's having made any	4499
inquiry or taken any other action to ensure the accuracy of any	4500
information reported under that division. For purposes of this	4501
division, disciplinary or retaliatory action by the employer	4502
includes, without limitation, doing any of the following:	4503

(1) Removing or suspending the employee from employment;

4504

(2) Withholding from the employee salary increases or	4505
employee benefits to which the employee is otherwise entitled;	4506

(3) Transferring or reassigning the employee;

4507

(4) Denying the employee a promotion that otherwise would	4508
have been received;	4509

(5) Reducing the employee in pay or position.

4510

(C) An employee shall make a reasonable and good faith	4511
effort to determine the accuracy of any information reported under	4512
division (A)(1) or (2) of this section. If the employee who makes	4513
a report under either division fails to make such an effort, he	4514
the employee may be subject to disciplinary action by histhe	4515
employee's employer, including suspension or removal, for	4516
reporting information without a reasonable basis to do so under	4517
division (A)(1) or (2) of this section.	4518

(D) If an employer takes any disciplinary or retaliatory	4519
action against an employee as a result of the employee's having	4520
filed a report under division (A) of this section, the employee	4521
may bring a civil action for appropriate injunctive relief or for	4522
the remedies set forth in division (E) of this section, or both,	4523
within one hundred eighty days after the date the disciplinary or	4524
retaliatory action was taken, in a court of common pleas in	4525
accordance with the Rules of Civil Procedure. A civil action	4526
under this division is not available to an employee as a remedy	4527
for any disciplinary or retaliatory action taken by an appointing	4528
authority against the employee as a result of the employee's	4529
having filed a report under division (A) of section 124.341 of the	4530
Revised Code.	4531

(E) The court, in rendering a judgment for the employee in	4532
an action brought pursuant to division (D) of this section, may	4533
order, as it determines appropriate, reinstatement of the employee	4534
to the same position hethat the employee held at the time of the	4535
disciplinary or retaliatory action and at the same site of	4536
employment or to a comparable position at that site, the payment	4537
of back wages, full reinstatement of fringe benefits and seniority	4538
rights, or any combination of these remedies. The court also may	4539
award the prevailing party all or a portion of the costs of	4540
litigation, and, if the employee who brought the action prevails	4541
in the action, may award the prevailing employee reasonable	4542
attorney's fees, witness fees, and fees for experts who testify at	4543
trial, in an amount the court determines appropriate. If the	4544
court determines that an employer deliberately has violated	4545
division (B) of this section, the court, in making an award of	4546
back pay, may include interest at the rate specified in section	4547
1343.03 of the Revised Code.	4548

(F) Any report filed with the inspector general under this	4549
section shall be filed as a complaint in accordance with section	4550
121.46 of the Revised Code.	4551

Sec. 4171.10.  The express assumption of risk set forth in	4552
section 4171.09 of the Revised Code shall serve as a complete	4553
defense to a suit against an operator by a roller skater for	4554
injuries resulting from the assumed risks of roller skating. The	4555
comparative negligence provisions of section 2315.19 of the	4556
Revised Code shall not apply unless the operator has breached his	4557
the operator's duties pursuant to sections 4171.06 and 4171.07 of	4558
the Revised Code.	4559

Sec. 4399.18.  Notwithstanding section 2307.60 of the Revised	4560
Code and except as otherwise provided in this section and in	4561
section 4399.01 of the Revised Code, no person, and no executor or	4562
administrator of the person, who suffers personal injury, death,	4563
or property damage as a result of the actions of an intoxicated	4564
person has a cause of action against any liquor permit holder or	4565
hisan employee of a liquor permit holder who sold beer or	4566
intoxicating liquor to the intoxicated person unless the injury,	4567
death, or property damage occurred on the permit holder's premises	4568
or in a parking lot under histhe control of the permit holder and	4569
was proximately caused by the negligence of the permit holder or	4570
his employeesan employee of the permit holder. A person has a	4571
cause of action against a permit holder or hisan employee of a	4572
permit holder for personal injury, death, or property damage	4573
caused by the negligent actions of an intoxicated person occurring	4574
off the premises or away from a parking lot under the permit	4575
holder's control only when both of the following can be shown by a	4576
preponderance of the evidence:	4577

(A) The permit holder or hisan employee of the permit	4578
holder knowingly sold an intoxicating beverage to at least one of	4579
the following:	4580

(1) A noticeably intoxicated person in violation of division	4581
(B) of section 4301.22 of the Revised Code;	4582

(2) A person in violation of division (C) of section 4301.22	4583
of the Revised Code;	4584

(3) A person in violation of section 4301.69 of the Revised	4585
Code;.	4586

(B) The person's intoxication proximately caused the	4587
personal injury, death, or property damage.	4588

Notwithstanding sections 4399.02 and 4399.05 of the Revised	4589
Code, no person, and no executor or administrator of the person,	4590
who suffers personal injury, death, or property damage as a result	4591
of the actions of an intoxicated person has a cause of action	4592
against the owner of a building or premises who rents or leases	4593
the building or premises to a liquor permit holder against whom a	4594
cause of action may be brought under this section, except when the	4595
owner and the permit holder are the same person.	4596

Sec. 4507.07.  (A) The registrar of motor vehicles shall not	4597
grant the application of any minor under eighteen years of age for	4598
a probationary license, a restricted license, or a temporary	4599
instruction permit, unless the application is signed by one of the	4600
minor's parents, the minor's guardian, another person having	4601
custody of the applicant, or, if there is no parent or guardian, a	4602
responsible person who is willing to assume the obligation imposed	4603
under this section.	4604

At the time a minor under eighteen years of age submits an	4605
application for a license or permit at a driver's license	4606
examining station, the adult who signs the application shall	4607
present identification establishing that the adult is the	4608
individual whose signature appears on the application. The	4609
registrar shall prescribe, by rule, the types of identification	4610
that are suitable for the purposes of this paragraph. If the	4611
adult who signs the application does not provide identification as	4612
required by this paragraph, the application shall not be accepted.	4613

When a minor under eighteen years of age applies for a	4614
probationary license, a restricted license, or a temporary	4615
instruction permit, the registrar shall give the adult who signs	4616
the application notice of the potential liability that may be	4617
imputed to the adult pursuant to division (B) of this section and	4618
notice of how the adult may prevent any liability from being	4619
imputed to the adult pursuant to that division.	4620

(B) Any negligence, or willful or wanton misconduct, that is	4621
committed by a minor under eighteen years of age when driving a	4622
motor vehicle upon a highway shall be imputed to the person who	4623
has signed the application of the minor for a probationary	4624
license, restricted license, or temporary instruction permit,	4625
which person shall be jointly and severally liable with the minor	4626
for any damages caused by the negligence or the willful or wanton	4627
misconduct. This joint and several liability is not subject to	4628
division (D) of section 2315.19, division (F) of section 2315.20,	4629
or division (B) of section 2307.31 of the Revised Code with	4630
respect to a negligence or other tort claim that otherwise is	4631
subject to any of those sectionsthat section.	4632

There shall be no imputed liability imposed under this	4633
division if a minor under eighteen years of age has proof of	4634
financial responsibility with respect to the operation of a motor	4635
vehicle owned by the minor or, if the minor is not the owner of a	4636
motor vehicle, with respect to the minor's operation of any motor	4637
vehicle, in the form and in the amounts required under Chapter	4638
4509. of the Revised Code.	4639

(C) Any person who has signed the application of a minor	4640
under eighteen years of age for a license or permit subsequently	4641
may surrender to the registrar the license or temporary	4642
instruction permit of the minor and request that the license or	4643
permit be canceled. The registrar then shall cancel the license	4644
or temporary instruction permit, and the person who signed the	4645
application of the minor shall be relieved from the liability	4646
imposed by division (B) of this section.	4647

(D) Any minor under eighteen years of age whose probationary	4648
license, restricted license, or temporary instruction permit is	4649
surrendered to the registrar by the person who signed the	4650
application for the license or permit and whose license or	4651
temporary instruction permit subsequently is canceled by the	4652
registrar may obtain a new license or temporary instruction permit	4653
without having to undergo the examinations otherwise required by	4654
sections 4507.11 and 4507.12 of the Revised Code and without	4655
having to tender the fee for that license or temporary instruction	4656
permit, if the minor is able to produce another parent, guardian,	4657
other person having custody of the minor, or other adult, and that	4658
adult is willing to assume the liability imposed under division	4659
(B) of this section. That adult shall comply with the procedures	4660
contained in division (A) of this section.	4661

Sec. 4513.263.  (A) As used in this section and in section	4662
4513.99 of the Revised Code:	4663

(1) "Automobile" means any commercial tractor, passenger	4664
car, commercial car, or truck that is required to be	4665
factory-equipped with an occupant restraining device for the	4666
operator or any passenger by regulations adopted by the United	4667
States secretary of transportation pursuant to the "National	4668
Traffic and Motor Vehicle Safety Act of 1966," 80 Stat. 719, 15	4669
U.S.C.A. 1392.	4670

(2) "Occupant restraining device" means a seat safety belt,	4671
shoulder belt, harness, or other safety device for restraining a	4672
person who is an operator of or passenger in an automobile and	4673
that satisfies the minimum federal vehicle safety standards	4674
established by the United States department of transportation.	4675

(3) "Passenger" means any person in an automobile, other	4676
than its operator, who is occupying a seating position for which	4677
an occupant restraining device is provided.	4678

(4) "Commercial tractor," "passenger car," and "commercial	4679
car" have the same meanings as in section 4501.01 of the Revised	4680
Code.	4681

(5) "Vehicle" and "motor vehicle," as used in the	4682
definitions of the terms set forth in division (A)(4) of this	4683
section, have the same meanings as in section 4511.01 of the	4684
Revised Code.	4685

(6) "Manufacturer" and "supplier" have the same meanings as	4686
in section 2307.71 of the Revised Code.	4687

(7) "Tort action" means a civil action for damages for	4688
injury, death, or loss to person or property. "Tort action"	4689
includes a product liability claim but does not include a civil	4690
action for damages for a breach of contract or another agreement	4691
between persons.	4692

(B) No person shall do any of the following:

4693

(1) Operate an automobile on any street or highway unless	4694
that person is wearing all of the available elements of a properly	4695
adjusted occupant restraining device, or operate a school bus that	4696
has an occupant restraining device installed for use in its	4697
operator's seat unless that person is wearing all of the available	4698
elements of the device, as properly adjusted;	4699

(2) Operate an automobile on any street or highway unless	4700
each passenger in the automobile who is subject to the requirement	4701
set forth in division (B)(3) of this section is wearing all of the	4702
available elements of a properly adjusted occupant restraining	4703
device;	4704

(3) Occupy, as a passenger, a seating position on the front	4705
seat of an automobile being operated on any street or highway	4706
unless that person is wearing all of the available elements of a	4707
properly adjusted occupant restraining device;	4708

(4) Operate a taxicab on any street or highway unless all	4709
factory-equipped occupant restraining devices in the taxicab are	4710
maintained in usable form.	4711

(C) Division (B)(3) of this section does not apply to a	4712
person who is required by section 4511.81 of the Revised Code to	4713
be secured in a child restraint device. Division (B)(1) of this	4714
section does not apply to a person who is an employee of the	4715
United States postal service or of a newspaper home delivery	4716
service, during any period in which the person is engaged in the	4717
operation of an automobile to deliver mail or newspapers to	4718
addressees. Divisions (B)(1) and (3) of this section do not apply	4719
to a person who has an affidavit signed by a physician licensed to	4720
practice in this state under Chapter 4731. of the Revised Code or	4721
a chiropractor licensed to practice in this state under Chapter	4722
4734. of the Revised Code that states that the person has a	4723
physical impairment that makes use of an occupant restraining	4724
device impossible or impractical.	4725

(D) Notwithstanding any provision of law to the contrary, no	4726
law enforcement officer shall cause an operator of an automobile	4727
being operated on any street or highway to stop the automobile for	4728
the sole purpose of determining whether a violation of division	4729
(B) of this section has been or is being committed or for the sole	4730
purpose of issuing a ticket, citation, or summons for a violation	4731
of that nature or causing the arrest of or commencing a	4732
prosecution of a person for a violation of that nature, and no law	4733
enforcement officer shall view the interior or visually inspect	4734
any automobile being operated on any street or highway for the	4735
sole purpose of determining whether a violation of that nature has	4736
been or is being committed.	4737

(E) All fines collected for violations of division (B) of	4738
this section, or for violations of any ordinance or resolution of	4739
a political subdivision that is substantively comparable to that	4740
division, shall be forwarded to the treasurer of state for deposit	4741
as follows:	4742

(1) Eight per cent shall be deposited into the seat belt	4743
education fund, which is hereby created in the state treasury, and	4744
shall be used by the department of public safety to establish a	4745
seat belt education program.	4746

(2) Eight per cent shall be deposited into the elementary	4747
school program fund, which is hereby created in the state	4748
treasury, and shall be used by the department of public safety to	4749
establish and administer elementary school programs that encourage	4750
seat safety belt use.	4751

(3) Two per cent shall be deposited into the Ohio ambulance	4752
licensing trust fund created by section 4766.05 of the Revised	4753
Code.	4754

(4) Twenty-eight per cent shall be deposited into the trauma	4755
and emergency medical services fund, which is hereby created in	4756
the state treasury, and shall be used by the department of public	4757
safety for the administration of the division of emergency medical	4758
services and the state board of emergency medical services.	4759

(5) Fifty-four per cent shall be deposited into the trauma	4760
and emergency medical services grants fund, which is hereby	4761
created in the state treasury, and shall be used by the state	4762
board of emergency medical services to make grants, in accordance	4763
with section 4765.07 of the Revised Code and rules the board	4764
adopts under section 4765.11 of the Revised Code.	4765

(F) The(1) Subject to division (F)(2) of this section, the	4766
failure of a person to wear all of the available elements of a	4767
properly adjusted occupant restraining device in violation of	4768
division (B)(1) or (3) of this section or the failure of a person	4769
to ensure that each minor who is a passenger of an automobile	4770
being operated by thatthe person is wearing all of the available	4771
elements of such a properly adjusted occupant restraining device,	4772
in violation of division (B)(2) of this section, shall not be	4773
considered by the trier of fact in a tort actionor used as	4774
evidence of negligence or contributory negligence or other	4775
tortious conduct or considered for any other relevant purpose if	4776
the failure contributed to the harm alleged in the tort action and	4777
may, shall not diminish pursuant to section 2315.19 or 2315.20 of	4778
the Revised Code a recovery of compensatoryfor damages in a tort	4779
any civil action involving the person arising from the ownership,	4780
maintenance, or operation of an automobile; shall not be used as a	4781
basis for a criminal prosecution of the person other than a	4782
prosecution for a violation of this section; and shall not be	4783
admissible as evidence in aany civil or criminal action involving	4784
the person other than a prosecution for a violation of this	4785
section.	4786

(2) If, at the time of an accident involving a passenger car	4787
equipped with occupant restraining devices, any occupant of the	4788
passenger car who sustained injury or death was not wearing an	4789
available occupant restraining device, was not wearing all of the	4790
available elements of such a device, or was not wearing such a	4791
device as properly adjusted, then, consistent with the Rules of	4792
Evidence, the fact that the occupant was not wearing the available	4793
occupant restraining device, was not wearing all of the available	4794
elements of such a device, or was not wearing such a device as	4795
properly adjusted is admissible in evidence in relation to any	4796
claim for relief in a tort action to the extent that the claim for	4797
relief satisfies all of the following:	4798

(a) It seeks to recover damages for injury or death to the	4799
occupant.	4800

(b) The defendant in question is the manufacturer, designer,	4801
distributor, or seller of the passenger car.	4802

(c) The claim for relief against the defendant in question	4803
is that the injury or death sustained by the occupant was enhanced	4804
or aggravated by some design defect in the passenger car or that	4805
the passenger car was not crashworthy.	4806

(3) As used in division (F)(2) of this section, "tort	4807
action" means a civil action for damages for injury, death, or	4808
loss to person or property. "Tort action" includes a product	4809
liability claim that is subject to sections 2307.71 to 2307.80 of	4810
the Revised Code, but does not include a civil action for damages	4811
for a breach of a contract or another agreement between persons.	4812

Sec. 4582.27. (A) A port authority created in accordance	4813
with section 4582.22 of the Revised Code shall be governed by a	4814
board of directors. Members of a board of directors of a port	4815
authority created by the exclusive action of a municipal	4816
corporation shall consist of the number of members it considers	4817
necessary and shall be appointed by the mayor with the advice and	4818
consent of the council. Members of a board of directors of a port	4819
authority created by the exclusive action of a township shall	4820
consist of such members as it considers necessary and shall be	4821
appointed by the township trustees of the township. Members of a	4822
board of directors of a port authority created by the exclusive	4823
action of a county shall consist of such members as it considers	4824
necessary and shall be appointed by the board of county	4825
commissioners of the county. Members of a board of directors of a	4826
port authority created by a combination of political subdivisions	4827
shall be divided among the political subdivisions in such	4828
proportions as the political subdivisions may agree and shall be	4829
appointed by the participating political subdivisions in the same	4830
manner as this section provides for the appointment of members by	4831
a political subdivision creating its own port authority. If a	4832
participating political subdivision is not authorized by section	4833
4582.22 of the Revised Code to create its own port authority, the	4834
political subdivision's elected legislative body, if the political	4835
subdivision has an elected legislative body, or the political	4836
subdivision's elected official or officials who appoint the	4837
legislative body of the political subdivision shall appoint the	4838
members of a board of directors of a port authority that are to be	4839
appointed by that political subdivision. If the electors of a	4840
participating political subdivision do not elect either the	4841
legislative body of the political subdivision or the official or	4842
officials who appoint the legislative body of the political	4843
subdivision, the participating political subdivision may not	4844
appoint any member of a board of directors of a port authority.	4845
When a port authority is created by a combination of political	4846
subdivisions, the number of directors comprising the board shall	4847
be determined by agreement between the political subdivisions,	4848
which number may be changed from time to time by amendment of the	4849
agreement. The appointing body may at any time remove a director	4850
appointed by it for misfeasance, nonfeasance, or malfeasance in	4851
office.	4852

A majority of the directors shall have been qualified	4853
electors of, or shall have had their businesses or places of	4854
employment in, one or more political subdivisions within the area	4855
of the jurisdiction of the port authority, for a period of at	4856
least three years next preceding their appointment.	4857

The directors of any port authority first appointed shall	4858
serve staggered terms. Thereafter each successor shall serve for	4859
a term of four years, except that any person appointed to fill a	4860
vacancy shall be appointed to only the unexpired term and any	4861
director is eligible for reappointment.	4862

The board of directors by rule may provide for the removal of	4863
a director who fails to attend three consecutive regular meetings	4864
of the board. If a director is so removed, a successor shall be	4865
appointed for the remaining term of the removed director in the	4866
same manner provided for the original appointment.	4867

The directors shall elect one of their membership as	4868
chairperson and another as vice-chairperson, and shall designate	4869
their terms of office, and shall appoint a secretary who need not	4870
be a director. A majority of the board of directors shall	4871
constitute a quorum, the affirmative vote of which shall be	4872
necessary for any action taken by the port authority. No vacancy	4873
in the membership of the board shall impair the rights of a quorum	4874
to exercise all the rights and perform all the duties of the port	4875
authority.	4876

Each member of the board of directors of a port authority	4877
shall be entitled to receive from the port authority such sum of	4878
money as the board of directors may determine as compensation for	4879
services as director and reimbursement for reasonable expenses in	4880
the performance of official duties.	4881

(B) Except for civil actions that arise out of the operation	4882
of a motor vehicle and civil actions in which the port authority	4883
is the plaintiff, no director, officer, or employee of a port	4884
authority shall be liable in any civil action that arises under	4885
the law of this state for damage or injury caused in the	4886
performance of his duties, unless the director's, officer's, or	4887
employee's actions were manifestly outside the scope of his	4888
employment or official responsibilities, or unless the director,	4889
officer, or employee acted with malicious purpose, in bad faith,	4890
or in a wanton or reckless manner.	4891

This division does not eliminate, limit, or reduce any	4892
immunity from civil liability that is conferred upon a director,	4893
officer, or employee by any other provision of the Revised Code or	4894
by case law.	4895

(C)(1) A port authority shall, except as provided in	4896
division (B) of this section, indemnify a director, officer, or	4897
employee from liability incurred in the performance of his duties	4898
by paying any judgment in, or amount negotiated in settlement of,	4899
any civil action arising under federal law, the law of another	4900
state, or the law of a foreign jurisdiction. The reasonableness	4901
of the amount of any consent judgment or settlement is subject to	4902
the review and approval of the board of the port authority. The	4903
maximum aggregate amount of indemnification paid directly from	4904
funds to or on behalf of any director, officer or employee	4905
pursuant to this division shall be one million dollars per	4906
occurrence, regardless of the number of persons who suffer damage,	4907
injury, or death as a result of the occurrence.	4908

(2) A port authority shall not indemnify a director,	4909
officer, or employee under any of the following circumstances:	4910

(a) To the extent the director, officer, or employee is	4911
covered by a policy of insurance for civil liability purchased by	4912
the port authority;	4913

(b) When the director, officer, or employee acts manifestly	4914
outside the scope of his employment or official responsibilities,	4915
with malicious purpose, in bad faith, or in a wanton or reckless	4916
manner;	4917

(c) For any portion of a judgment that represents punitive	4918
or exemplary damages;	4919

(d) For any portion of a consent judgment or settlement that	4920
is unreasonable.	4921

(3) The port authority may purchase a policy or policies of	4922
insurance on behalf of directors, officers, and employees of the	4923
port authority from an insurer or insurers licensed to do business	4924
in this state providing coverage for damages in connection with	4925
any civil action, demand, or claim against the director, officer,	4926
or employee by reason of an act or omission by the director,	4927
officer, or employee occurring in the performance of his duties	4928
and not coming within the terms of division (C)(2)(b) of this	4929
section.	4930

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

4931

(a) Any defense that would otherwise be available in an	4932
action alleging personal liability of a director, officer, or	4933
employee;	4934

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

4935

Sec. 4909.42.  If the proceeding on an application filed with	4936
the public utilities commission under section 4909.18 of the	4937
Revised Code by any public utility requesting an increase on any	4938
rate, joint rate, toll, classification, charge, or rental or	4939
requesting a change in a regulation or practice affecting the same	4940
has not been concluded and an order entered pursuant to section	4941
4909.19 of the Revised Code at the expiration of two hundred	4942
seventy-five days from the date of filing the application, the	4943
proposed increase shall go into effect upon the filing of an	4944
undertaking by the public utility. The undertaking shall be filed	4945
with the commission and shall be payable to the state for the use	4946
and benefit of the customers affected by the proposed increase or	4947
change.	4948

The undertaking must be signed by two of the officers of the	4949
utility, under oath, and must contain a promise to refund any	4950
amounts collected by the utility over the rate, joint rate, toll,	4951
classification, charge, or rental, as determined in the final	4952
order of the commission. All refunds shall include interest at	4953
the rate stated in section 1343.03 of the Revised Code. The	4954
refund shall be in the form of a temporary reduction in rates	4955
following the final order of the commission, and shall be	4956
accomplished in such manner as shall be prescribed by the	4957
commission in its final order. The commission shall exercise	4958
continuing and exclusive jurisdiction over such refunds.	4959

If the public utilities commission has not entered a final	4960
order within five hundred forty-five days from the date of the	4961
filing of an application for an increase in rates under section	4962
4909.18 of the Revised Code, a public utility shall have no	4963
obligation to make a refund of amounts collected after the five	4964
hundred forty-fifth day which exceed the amounts authorized by the	4965
commission's final order.	4966

Nothing in this section shall be construed to mitigate any	4967
duty of the commission to issue a final order under section	4968
4909.19 of the Revised Code.	4969

Sec. 5111.81. (A) There is hereby established the pharmacy	4970
and therapeutics committee of the department of job and family	4971
services. The committee shall consist of eight members and shall	4972
be appointed by the director of job and family services. The	4973
membership of the committee shall include: two pharmacists	4974
licensed under Chapter 4729. of the Revised Code; two doctors of	4975
medicine and two doctors of osteopathy licensed under Chapter	4976
4731. of the Revised Code; a registered nurse licensed under	4977
Chapter 4723. of the Revised Code; and a pharmacologist who has a	4978
doctoral degree. The committee shall elect one of its members as	4979
chairperson.	4980

(B) In the absence of fraud or bad faith, neither the	4981
pharmacy and therapeutics committee nor a current or former	4982
member, agent, representative, employee, or independent contractor	4983
of the committee shall be held liable in damages to a person as	4984
the result of an act, omission, proceeding, conduct, or decision	4985
relating to the official duties undertaken or performed pursuant	4986
to this section or rules promulgated pursuant to section 111.15 or	4987
Chapter 119. of the Revised Code. If a current or former member,	4988
agent, representative, employee, or independent contractor of the	4989
committee requests the state to defend the current or former	4990
member, agent, representative, employee, or independent contractor	4991
against a claim or in an action arising out of an act, omission,	4992
proceeding, conduct, or decision relating to official duties	4993
undertaken or performed, if the request is made in writing at a	4994
reasonable time before the trial of the claim or in the action,	4995
and if the person requesting the defense cooperates in good faith	4996
in the defense of the claim or action, the state shall provide and	4997
pay for the defense of the claim or action and shall pay any	4998
resulting judgment, compromise, or settlement. The state shall	4999
not pay that part of a claim or judgment that is for punitive or	5000
exemplary damages.	5001

Sec. 5591.36.  The board of county commissioners shall erect	5002
and maintain, where not already done, one or more guardrails on	5003
each end of a county bridge, viaduct, or culvert more than five	5004
feet high and on each side of every approach to a county bridge,	5005
viaduct, or culvert, if the approach or embankment is more than	5006
six feet high. The board shall also protect, by suitable	5007
guardrails, all perpendicular wash banks more than eight feet in	5008
height, where such banks have an immediate connection with a	5009
public highway other than state highways, or are adjacent thereto	5010
in an unprotected condition.	5011

It shall be a sufficient compliance with this section, if the	5012
board causes to be erected and maintained a good stockproof hedge	5013
fence where a quardrail is required. Such guardrails or hedge	5014
fences shall be erected in a substantial manner, having sufficient	5015
strength to protect life and property, the expense thereof to be	5016
paid out of the county bridge fund.	5017

Sec. 5591.37.  Failure to comply with section 5591.36 of the	5018
Revised Code shall render the county liable for all accidents or	5019
damages as a result of such failure.	5020

Section 2.02. That all the following are repealed:

5021

(A) Existing sections 1701.95, 1707.01, 1901.18, 2101.31,	5022
2305.25, 2305.251, 2305.37, 2307.24, 2307.27, 2307.30, 2307.60,	5023
2307.61, 2313.46, 2315.07, 2315.08, 2315.18, 2315.23, 2315.24,	5024
2743.18, 2743.19, 2744.01, 2744.02, 2744.03, 2744.05, 3123.17,	5025
4112.02, 4507.07, 4513.263, 4582.27, and 5111.81 of the Revised	5026
Code;	5027

(B) Sections 109.36, 163.17, 723.01, 1343.03, 1775.14,	5028
1901.041, 1901.17, 1901.181, 1901.20, 1905.032, 2117.06, 2125.01,	5029
2125.02, 2125.04, 2305.01, 2305.10, 2305.11, 2305.16, 2305.27,	5030
2305.35, 2305.38, 2307.32, 2307.33, 2307.331, 2307.71, 2307.72,	5031
2307.73, 2307.75, 2307.78, 2307.801, 2315.01, 2315.18, 2315.19,	5032
2315.20, 2315.21, 2317.62, 2323.51, 2501.02, 2744.04, 2744.06,	5033
3701.19, 3722.08, 4112.14, 4112.99, 4113.52, 4171.10, 4399.18,	5034
4909.42, 5591.36, and 5591.37 of the Revised Code, as they result	5035
from Section 1 of Am. Sub. H.B. 350 of the 121st General Assembly;	5036

(C) Sections 901.52, 2101.163, 2151.542, 2303.202, 2305.011,	5037
2305.012, 2305.113, 2305.252, 2305.381, 2305.382, 2307.42,	5038
2307.43, 2307.48, 2307.791, 2307.792, 2309.01, 2315.37, 2317.46,	5039
2323.54, and 2323.59 of the Revised Code;	5040

(D) Sections 1901.262 and 1907.262 of the Revised Code, as	5041
enacted by Section 1 of Am. Sub. H.B. 350;	5042

(E) Section 2305.131 of the Revised Code, both as it results	5043
from and as it existed prior to its repeal and re-enactment by	5044
Sections 1 and 2 of Am. Sub. H.B. 350;	5045

(F) New sections 2307.31 and 2307.80 of the Revised Code, as	5046
enacted by Section 1 of Am. Sub. H.B. 350; and	5047

(G) Section 2317.45 of the Revised Code.

5048

Section 2.03. That sections 2744.01 and 2744.03 of the	5049
Revised Code as scheduled to take effect on January 1, 2002, be	5050
amended to read as follows:	5051

Sec. 2744.01.  As used in this chapter:

5052

(A) "Emergency call" means a call to duty, including, but	5053
not limited to, communications from citizens, police dispatches,	5054
and personal observations by peace officers of inherently	5055
dangerous situations that demand an immediate response on the part	5056
of a peace officer.	5057

(B) "Employee" means an officer, agent, employee, or	5058
servant, whether or not compensated or full-time or part-time, who	5059
is authorized to act and is acting within the scope of the	5060
officer's, agent's, employee's, or servant's employment for a	5061
political subdivision. "Employee" does not include an independent	5062
contractor and does not include any individual engaged by a school	5063
district pursuant to section 3319.301 of the Revised Code.	5064
"Employee" includes any elected or appointed official of a	5065
political subdivision. "Employee" also includes a person who has	5066
been convicted of or pleaded guilty to a criminal offense and who	5067
has been sentenced to perform community service work in a	5068
political subdivision whether pursuant to section 2951.02 of the	5069
Revised Code or otherwise, and a child who is found to be a	5070
delinquent child and who is ordered by a juvenile court pursuant	5071
to section 2152.19 or 2152.20 of the Revised Code to perform	5072
community service or community work in a political subdivision.	5073

(C)(1) "Governmental function" means a function of a	5074
political subdivision that is specified in division (C)(2) of this	5075
section or that satisfies any of the following:	5076

(a) A function that is imposed upon the state as an	5077
obligation of sovereignty and that is performed by a political	5078
subdivision voluntarily or pursuant to legislative requirement;	5079

(b) A function that is for the common good of all citizens	5080
of the state;	5081

(c) A function that promotes or preserves the public peace,	5082
health, safety, or welfare; that involves activities that are not	5083
engaged in or not customarily engaged in by nongovernmental	5084
persons; and that is not specified in division (G)(2) of this	5085
section as a proprietary function.	5086

(2) A "governmental function" includes, but is not limited	5087
to, the following:	5088

(a) The provision or nonprovision of police, fire, emergency	5089
medical, ambulance, and rescue services or protection;	5090

(b) The power to preserve the peace; to prevent and suppress	5091
riots, disturbances, and disorderly assemblages; to prevent,	5092
mitigate, and clean up releases of oil and hazardous and extremely	5093
hazardous substances as defined in section 3750.01 of the Revised	5094
Code; and to protect persons and property;	5095

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

5096

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

5097

(e) The regulation of the use of, and the maintenance and	5098
repair of, roads, highways, streets, avenues, alleys, sidewalks,	5099
bridges, aqueducts, viaducts, and public grounds;	5100

(f) Judicial, quasi-judicial, prosecutorial, legislative,	5101
and quasi-legislative functions;	5102

(g) The construction, reconstruction, repair, renovation,	5103
maintenance, and operation of buildings that are used in	5104
connection with the performance of a governmental function,	5105
including, but not limited to, office buildings and courthouses;	5106

(h) The design, construction, reconstruction, renovation,	5107
repair, maintenance, and operation of jails, places of juvenile	5108
detention, workhouses, or any other detention facility, as defined	5109
in section 2921.01 of the Revised Code;	5110

(i) The enforcement or nonperformance of any law;

5111

(j) The regulation of traffic, and the erection or	5112
nonerection of traffic signs, signals, or control devices;	5113

(k) The collection and disposal of solid wastes, as defined	5114
in section 3734.01 of the Revised Code, including, but not limited	5115
to, the operation of solid waste disposal facilities, as	5116
"facilities" is defined in that section, and the collection and	5117
management of hazardous waste generated by households. As used in	5118
division (C)(2)(k) of this section, "hazardous waste generated by	5119
households" means solid waste originally generated by individual	5120
households that is listed specifically as hazardous waste in or	5121
exhibits one or more characteristics of hazardous waste as defined	5122
by rules adopted under section 3734.12 of the Revised Code, but	5123
that is excluded from regulation as a hazardous waste by those	5124
rules.	5125

(l) The provision or nonprovision, planning or design,	5126
construction, or reconstruction of a public improvement,	5127
including, but not limited to, a sewer system;	5128

(m) The operation of a human services department or agency,	5129
including, but not limited to, the provision of assistance to aged	5130
and infirm persons and to persons who are indigent;	5131

(n) The operation of a health board, department, or agency,	5132
including, but not limited to, any statutorily required or	5133
permissive program for the provision of immunizations or other	5134
inoculations to all or some members of the public, provided that a	5135
"governmental function" does not include the supply, manufacture,	5136
distribution, or development of any drug or vaccine employed in	5137
any such immunization or inoculation program by any supplier,	5138
manufacturer, distributor, or developer of the drug or vaccine;	5139

(o) The operation of mental health facilities, mental	5140
retardation or developmental disabilities facilities, alcohol	5141
treatment and control centers, and children's homes or agencies;	5142

(p) The provision or nonprovision of inspection services of	5143
all types, including, but not limited to, inspections in	5144
connection with building, zoning, sanitation, fire, plumbing, and	5145
electrical codes, and the taking of actions in connection with	5146
those types of codes, including, but not limited to, the approval	5147
of plans for the construction of buildings or structures and the	5148
issuance or revocation of building permits or stop work orders in	5149
connection with buildings or structures;	5150

(q) Urban renewal projects and the elimination of slum	5151
conditions;	5152

(r) Flood control measures;

5153

(s) The design, construction, reconstruction, renovation,	5154
operation, care, repair, and maintenance of a township cemetery;	5155

(t) The issuance of revenue obligations under section 140.06	5156
of the Revised Code;	5157

(u) The design, construction, reconstruction, renovation,	5158
repair, maintenance, and operation of any park, playground,	5159
playfield, indoor recreational facility, zoo, zoological park,	5160
bath, swimming pool, pond, water park, wading pool, wave pool,	5161
water slide, and other type of aquatic facility, or golf course;	5162

(v) The provision of public defender services by a county or	5163
joint county public defender's office pursuant to Chapter 120. of	5164
the Revised Code;	5165

(w) A function that the general assembly mandates a	5166
political subdivision to perform.	5167

(D) "Law" means any provision of the constitution, statutes,	5168
or rules of the United States or of this state; provisions of	5169
charters, ordinances, resolutions, and rules of political	5170
subdivisions; and written policies adopted by boards of education.	5171
When used in connection with the "common law," this definition	5172
does not apply.	5173

(E) "Motor vehicle" has the same meaning as in section	5174
4511.01 of the Revised Code.	5175

(F) "Political subdivision" or "subdivision" means a	5176
municipal corporation, township, county, school district, or other	5177
body corporate and politic responsible for governmental activities	5178
in a geographic area smaller than that of the state. "Political	5179
subdivision" includes, but is not limited to, a county hospital	5180
commission appointed under section 339.14 of the Revised Code,	5181
regional planning commission created pursuant to section 713.21 of	5182
the Revised Code, county planning commission created pursuant to	5183
section 713.22 of the Revised Code, joint planning council created	5184
pursuant to section 713.231 of the Revised Code, interstate	5185
regional planning commission created pursuant to section 713.30 of	5186
the Revised Code, port authority created pursuant to section	5187
4582.02 or 4582.26 of the Revised Code or in existence on December	5188
16, 1964, regional council established by political subdivisions	5189
pursuant to Chapter 167. of the Revised Code, emergency planning	5190
district and joint emergency planning district designated under	5191
section 3750.03 of the Revised Code, joint emergency medical	5192
services district created pursuant to section 307.052 of the	5193
Revised Code, fire and ambulance district created pursuant to	5194
section 505.375 of the Revised Code, joint interstate emergency	5195
planning district established by an agreement entered into under	5196
that section, county solid waste management district and joint	5197
solid waste management district established under section 343.01	5198
or 343.012 of the Revised Code, and community school established	5199
under Chapter 3314. of the Revised Code.	5200

(G)(1) "Proprietary function" means a function of a	5201
political subdivision that is specified in division (G)(2) of this	5202
section or that satisfies both of the following:	5203

(a) The function is not one described in division (C)(1)(a)	5204
or (b) of this section and is not one specified in division (C)(2)	5205
of this section;	5206

(b) The function is one that promotes or preserves the	5207
public peace, health, safety, or welfare and that involves	5208
activities that are customarily engaged in by nongovernmental	5209
persons.	5210

(2) A "proprietary function" includes, but is not limited	5211
to, the following:	5212

(a) The operation of a hospital by one or more political	5213
subdivisions;	5214

(b) The design, construction, reconstruction, renovation,	5215
repair, maintenance, and operation of a public cemetery other than	5216
a township cemetery;	5217

(c) The establishment, maintenance, and operation of a	5218
utility, including, but not limited to, a light, gas, power, or	5219
heat plant, a railroad, a busline or other transit company, an	5220
airport, and a municipal corporation water supply system;	5221

(d) The maintenance, destruction, operation, and upkeep of a	5222
sewer system;	5223

(e) The operation and control of a public stadium,	5224
auditorium, civic or social center, exhibition hall, arts and	5225
crafts center, band or orchestra, or off-street parking facility.	5226

(H) "Public roads" means public roads, highways, streets,	5227
avenues, alleys, and bridges within a political subdivision.	5228
"Public roads" does not include berms, shoulders, rights-of-way,	5229
or traffic control devices unless the traffic control devices are	5230
mandated by the Ohio manual of uniform traffic control devices.	5231

(I) "State" means the state of Ohio, including, but not	5232
limited to, the general assembly, the supreme court, the offices	5233
of all elected state officers, and all departments, boards,	5234
offices, commissions, agencies, colleges and universities,	5235
institutions, and other instrumentalities of the state of Ohio.	5236
"State" does not include political subdivisions.	5237

Sec. 2744.03.  (A) In a civil action brought against a	5238
political subdivision or an employee of a political subdivision to	5239
recover damages for injury, death, or loss to persons or property	5240
allegedly caused by any act or omission in connection with a	5241
governmental or proprietary function, the following defenses or	5242
immunities may be asserted to establish nonliability:	5243

(1) The political subdivision is immune from liability if	5244
the employee involved was engaged in the performance of a	5245
judicial, quasi-judicial, prosecutorial, legislative, or	5246
quasi-legislative function.	5247

(2) The political subdivision is immune from liability if	5248
the conduct of the employee involved, other than negligent	5249
conduct, that gave rise to the claim of liability was required by	5250
law or authorized by law, or if the conduct of the employee	5251
involved that gave rise to the claim of liability was necessary or	5252
essential to the exercise of powers of the political subdivision	5253
or employee.	5254

(3) The political subdivision is immune from liability if	5255
the action or failure to act by the employee involved that gave	5256
rise to the claim of liability was within the discretion of the	5257
employee with respect to policy-making, planning, or enforcement	5258
powers by virtue of the duties and responsibilities of the office	5259
or position of the employee.	5260

(4) The political subdivision is immune from liability if	5261
the action or failure to act by the political subdivision or	5262
employee involved that gave rise to the claim of liability	5263
resulted in injury or death to a person who had been convicted of	5264
or pleaded guilty to a criminal offense and who, at the time of	5265
the injury or death, was serving any portion of the person's	5266
sentence by performing community service work for or in the	5267
political subdivision whether pursuant to section 2951.02 of the	5268
Revised Code or otherwise, or resulted in injury or death to a	5269
child who was found to be a delinquent child and who, at the time	5270
of the injury or death, was performing community service or	5271
community work for or in a political subdivision in accordance	5272
with the order of a juvenile court entered pursuant to section	5273
2152.19 or 2152.20 of the Revised Code, and if, at the time of the	5274
person's or child's injury or death, the person or child was	5275
covered for purposes of Chapter 4123. of the Revised Code in	5276
connection with the community service or community work for or in	5277
the political subdivision.	5278

(5) The political subdivision is immune from liability if	5279
the injury, death, or loss to persons or property resulted from	5280
the exercise of judgment or discretion in determining whether to	5281
acquire, or how to use, equipment, supplies, materials, personnel,	5282
facilities, and other resources unless the judgment or discretion	5283
was exercised with malicious purpose, in bad faith, or in a wanton	5284
or reckless manner.	5285

(6) In addition to any immunity or defense referred to in	5286
division (A)(7) of this section and in circumstances not covered	5287
by that division or sections 3314.07 and 3746.24 of the Revised	5288
Code, the employee is immune from liability unless one of the	5289
following applies:	5290

(a) The employee's acts or omissions were manifestly outside	5291
the scope of the employee's employment or official	5292
responsibilities;	5293

(b) The employee's acts or omissions were with malicious	5294
purpose, in bad faith, or in a wanton or reckless manner;	5295

(c) Liability is expressly imposed upon the employee by a	5296
section of the Revised Code. Liability shall not be construed to	5297
exist under another section of the Revised Code merely because	5298
that section imposes a responsibility or mandatory duty upon an	5299
employee, because of a general authorization in that section that	5300
an employee may sue and be sued, or because the section uses the	5301
term "shall" in a provision pertaining to an employee.	5302

(7) The political subdivision, and an employee who is a	5303
county prosecuting attorney, city director of law, village	5304
solicitor, or similar chief legal officer of a political	5305
subdivision, an assistant of any such person, or a judge of a	5306
court of this state is entitled to any defense or immunity	5307
available at common law or established by the Revised Code.	5308

(B) Any immunity or defense conferred upon, or referred to	5309
in connection with, an employee by division (A)(6) or (7) of this	5310
section does not affect or limit any liability of a political	5311
subdivision for an act or omission of the employee as provided in	5312
section 2744.02 of the Revised Code.	5313

Section 2.04. That existing sections 2744.01 and 2744.03 of	5314
the Revised Code as scheduled to take effect on January 1, 2002,	5315
are repealed.	5316

Section 2.05.  Sections 2.03 and 2.04 of this act take	5317
effect on January 1, 2002.	5318

Section 3. (A) In Section 2.01 of this act:

5319

(1) Sections 1701.95, 1707.01, 2305.25, 2305.251, 2305.37,	5320
2307.60, 2307.61, 2743.18, 2743.19, 2744.01, 2744.02, 2744.03,	5321
2744.05, 3123.17, 4112.02, 4507.07, 4513.263, 4582.27, and 5111.81	5322
of the Revised Code, which have been amended by acts subsequent to	5323
their amendment by Am. Sub. H.B. 350 of the 121st General	5324
Assembly, are amended to remove matter inserted by, or to revive	5325
matter removed by, Am. Sub. H.B. 350. Amendments made by Am. Sub.	5326
H.B. 350 or the subsequent acts that are independent of the	5327
purposes of Am. Sub. H.B. 350 are retained.	5328

(2) Section 1901.18 of the Revised Code, as amended	5329
subsequently to Sub. H.B. 350 by Am. Sub. S.B. 1 and Sub. H.B. 302	5330
of the 122nd General Assembly, is amended to ratify a	5331
cross-reference correction made to the section by Am. Sub. H.B.	5332
350.	5333

(3) Sections 109.36, 2117.06, 2125.01, 2125.02, 2125.04,	5334
2305.10, 2305.16, 2305.27, 2305.38, 2307.31, 2307.32, 2307.75,	5335
2307.80, 2315.01, 2315.19, 2501.02, 2744.06, 3722.08, 4112.14,	5336
4113.52, 4171.10, and 4399.18 of the Revised Code are revived and	5337
amended, supersede the versions of the same sections that are	5338
repealed by Section 2.02 of this act, and include amendments that	5339
gender neutralize the language of the sections (as contemplated by	5340
section 1.31 of the Revised Code) and that correct apparent error.	5341

(4) Sections 163.17, 723.01, 1343.03, 1775.14, 2305.01,	5342
2305.11, 2305.35, 2307.33, 2307.71, 2307.72, 2307.73, 2307.78,	5343
2315.20, 2317.62, 2323.51, 2744.04, 4112.99, 4909.42, 5591.36, and	5344
5591.37 of the Revised Code are revived and supersede the versions	5345
of the same sections that are repealed by Section 2.02 of this	5346
act.	5347

(5) Notwithstanding its attempted repeal by Am. Sub. H.B.	5348
350, section 2305.27 of the Revised Code is revived and amended to	5349
gender neutralize the language of the section.	5350

(6) Former sections 2307.31 and 2307.80 of the Revised Code,	5351
as they existed prior to being renumbered by Am. Sub. H.B. 350,	5352
are revived and amended as explained in division (A)(3) of this	5353
section. Am. Sub. H.B. 350 renumbered former sections 2307.31 and	5354
2307.80 of the Revised Code and reassigned their numbers to new	5355
sections. Only new sections 2307.31 and 2307.80 of the Revised	5356
Code, as enacted by Section 1 of Am. Sub. H.B. 350, are repealed	5357
by Section 2.02 of this act.	5358

(7) Section 2315.18 of the Revised Code is revived,	5359
supersedes the version of the same section that is repealed by	5360
Section 2.02 of this act, includes an amendment to respond to	5361
division (C)(2) of section 2315.21 of the Revised Code having been	5362
held unconstitutional by the Supreme Court of Ohio in Zoppo v.	5363
Homestead Ins. Co. (1994), 71 Ohio St.3rd 552, and includes an	5364
amendment to change its number to section 2315.07 of the Revised	5365
Code.	5366

(8) Section 2315.21 of the Revised Code is revived,	5367
supersedes the version of the same section that is repealed by	5368
Section 2.02 of this act, and includes amendments to respond to	5369
division (C)(2) of section 2315.21 of the Revised Code having been	5370
held unconstitutional by the Supreme Court of Ohio in Zoppo v.	5371
Homestead Ins. Co. (1994), 71 Ohio St.3d 552.	5372

(9) Section 3123.17 of the Revised Code is amended as	5373
explained in division (A)(1) of this section to remove matter	5374
inserted into former section 3113.219 of the Revised Code by Am.	5375
Sub. H.B. 350. Am. Sub. S.B. 180 of the 123rd General Assembly	5376
amended and renumbered former section 3113.219 of the Revised Code	5377
as section 3123.17 of the Revised Code as part of its general	5378
revision of the child support laws. The amendments of Am. Sub.	5379
S.B. 180 are retained.	5380

(B) The repeal by Section 2.02 of this act of:

5381

(1) Sections 1901.041, 1901.17, 1901.181, 1901.20, 1901.262,	5382
1905.032, and 1907.262 of the Revised Code as they result from Am.	5383
Sub. H.B. 350 is intended to enable the sections to remain in	5384
effect as they result from Am. Sub. H.B. 438 of the 121st General	5385
Assembly, 146 Ohio Laws 4823.	5386

(2) Section 2317.45 of the Revised Code responds to the	5387
section having been held unconstitutional by the Supreme Court of	5388
Ohio's decision in Sorrell v. Thevenir (1994), 69 Ohio St.3d 415.	5389

(3) Section 3701.19 of the Revised Code as it results from	5390
Am. Sub. H.B. 350 is intended to enable the section to remain in	5391
effect as it results from Sub. H.B. 670 of the 121st General	5392
Assembly, 146 Ohio Laws 6440.	5393

(C) In Section 2.03 of this act sections 2744.01 and 2744.03	5394
of the Revised Code are amended effective January 1, 2002, to	5395
continue the amendments made to those sections by Section 2.01 of	5396
this act as explained in division (A)(1) of this section. Sections	5397
2744.01 and 2744.03 were amended subsequently to Am. Sub. H.B. 350	5398
by Am. Sub. S.B. 179 of the 123rd General Assembly, effective	5399
January 1, 2002.	5400

Section 4. Because Am. Sub. H.B. 551 of the 123rd General	5401
Assembly takes effect on October 5, 2001:	5402

(A) Section 1707.01 of the Revised Code, which is presented	5403
in this act as it results from Am. Sub. H.B. 551, takes effect as	5404
amended by this act on October 5, 2001.	5405

(B) Divisions (CC), (DD), (EE), (FF), (GG), and (HH) of	5406
section 1707.01 of the Revised Code, which were inserted into the	5407
section by Am. Sub. H.B. 350 of the 121st General Assembly, are	5408
suspended on the effective date of this section, pending section	5409
1707.01 of the Revised Code taking effect as amended by this act	5410
on October 5, 2001.	5411

(C) Sections 1707.432, 1707.433, 1707.434, 1707.435,	5412
1707.436, 1707.437, and 1707.438 of the Revised Code, which were	5413
enacted by Am. Sub. H.B. 350, are suspended on the effective date	5414
of this section, pending their repeal by Am. Sub. H.B. 551 taking	5415
effect on October 5, 2001.	5416

Section 5.01. That Section 3 of Am. Sub. H.B. 438 of the	5417
121st General Assembly, which was amended by Am. Sub. H.B. 350 of	5418
the 121st General Assembly, be amended to read as follows:	5419

"       Sec. 3. Sections 1 and 2 of Am. Sub. H.B. 438 of the 121st	5420
General Assembly shall take effect on July 1, 1997, except that	5421
section 2317.023 of the Revised Code, as amended by Am. Sub. H.B.	5422
438 of the 121st General Assembly, shall take effect on the	5423
effective date of Am. Sub. H.B. 350 of the 121st General	5424
Assembly."	5425

Section 5.02. That existing Section 3 of Am. Sub. H.B. 438 of	5426
the 121st General Assembly is repealed.	5427

Section 5.03. Notwithstanding the attempted amendment of	5428
Section 3 of Am. Sub. H.B. 438 by Am. Sub. H.B. 350 of the 121st	5429
General Assembly, section 2317.023 of the Revised Code, as enacted	5430
by Am. Sub. H.B. 438 of the 121st General Assembly, took effect on	5431
July 1, 1997.	5432

Section 6. Sections 3, 4, 5, 6, 7, 8, 9, 13, and 16 of Am.	5433
Sub. H.B. 350 of the 121st General Assembly are repealed.	5434

Section 7. In sections contained in this act that have been	5435
amended by acts subsequent to their amendment by Am. Sub. H.B. 350	5436
of the 121st General Assembly (other than section 1901.18 of the	5437
Revised Code), matter removed by Am. Sub. H.B. 350 is revived, and	5438
matter inserted by Am. Sub. H.B. 350 is removed, by amendment	5439
indicated as directed in rule 103-5-01 of the Administrative Code.	5440
But, notwithstanding rule 103-5-01 of the Administrative Code, in	5441
sections contained in this act that have not been amended by acts	5442
subsequent to their amendment by Am. Sub. H.B. 350 of the 121st	5443
General Assembly (1) matter removed by Am. Sub. H.B. 350 is	5444
revived by being reinserted without underlining, so as to indicate	5445
the intention that it is old law that is being revived and (2)	5446
matter inserted by Am. Sub. H.B. 350 is removed by being omitted,	5447
so as to indicate the intention that, by virtue of its	5448
noninclusion, it is being repealed because constitutionally	5449
meaningless. In section 1901.18 of the Revised Code, ratification	5450
of Sub. H.B. 350's cross-reference correction is indicated by	5451
amendment as directed in rule 103-5-01 of the Administrative Code.	5452

Section 8.  Section 109.36 of the Revised Code is presented	5453
in this act as a composite of the section as amended by both Sub.	5454
H.B. 715 and Am. Sub. H.B. 571 of the 120th General Assembly.	5455
Section 4112.02 of the Revised Code is presented in this act as a	5456
composite of the section as amended by both Am. H.B. 264 and H.B.	5457
471 of the 123rd General Assembly. The General Assembly, applying	5458
the principle stated in division (B) of section 1.52 of the	5459
Revised Code that amendments are to be harmonized if reasonably	5460
capable of simultaneous operation, finds that the composites are	5461
the resulting version of the sections in effect prior to the	5462
effective date of the sections as presented in this act.	5463

Section 9. This act is an emergency measure necessary for the	5464
immediate preservation of the public peace, health, and safety.	5465
The reason for the necessity is that repeal of the Tort Reform Act	5466
and revival of prior law will clarify the status of law that is	5467
unsettled as a result of the act being held unconstitutional.	5468
Therefore, this act goes into immediate effect.	5469