SENATORS Jacobson, Austria, Amstutz

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), 2315.18

10

(2315.07), 2315.23 (2315.08), and 2315.24

11

(2315.09); to revive and amend sections 109.36,

12

2117.06, 2125.01, 2125.02, 2125.04, 2305.10,

13

2305.16, 2305.27, 2305.38, 2307.31, 2307.32,

14

2307.75, 2307.80, 2315.01, 2315.19, 2315.21,

15

2501.02, 2744.06, 3722.08, 4112.14, 4113.52,

16

4171.10, and 4399.18; to revive sections 163.17,

17

723.01, 1343.03, 1775.14, 2305.01, 2305.11,

18

2305.35, 2307.33, 2307.71, 2307.72, 2307.73,

19

2307.78, 2315.18, 2315.20, 2317.62, 2323.51,

20

2744.04, 4112.99, 4909.42, 5591.36, and 5591.37;

21

to repeal sections 109.36, 163.17, 723.01,

22

1343.03, 1775.14, 1901.041, 1901.17, 1901.181,

23

1901.20, 1905.032, 2117.06, 2125.01, 2125.02,

24

2125.04, 2305.01, 2305.10, 2305.11, 2305.16,

25

2305.35, 2305.38, 2307.31, 2307.32, 2307.33,

26

2307.71, 2307.72, 2307.73, 2307.75, 2307.78,

27

2307.80, 2315.01, 2315.18, 2315.19, 2315.20,

28

2315.21, 2317.62, 2323.51, 2501.02, 2744.04,

29

2744.06, 3701.19, 3722.08, 4112.14, 4112.99,

30

4113.52, 4171.10, 4399.18, 4909.42, 5591.36, and

31

5591.37, as they result from Am. Sub. H.B. 350 of

32

the 121st General Assembly; to repeal sections

33

901.52, 2101.163, 2151.542, 2303.202, 2305.011,

34

2305.012, 2305.113, 2305.131, 2305.252, 2305.381,

35

2305.382, 2307.31, 2307.42, 2307.43, 2307.48,

36

2307.791, 2307.792, 2307.80, 2309.01, 2315.37,

37

2317.45, 2317.46, 2323.54, and 2323.59; to repeal

38

sections 1901.262 and 1907.262, as enacted by Am.

39

Sub. H.B. 350; to suspend part of section 1707.01;

40

and to suspend sections 1707.432, 1707.433,

41

1707.434, 1707.435, 1707.436, 1707.437, and

42

1707.438 of the Revised Code and to amend Section

43

3 of Am. Sub. H.B. 438 of the 121st General

44

Assembly and to repeal Sections 3, 4, 5, 6, 7, 8,

45

9, 13, and 16 of Am. Sub. H.B. 350 of the 121st

46

General Assembly to repeal the Tort Reform Act,

47

Am. Sub. H.B. 350 of the 121st General Assembly;

48

to clarify the status of the law; to reorganize

49

certain tort related provisions; and to revive

50

prior law; to amend sections 2744.01 and 2744.03

51

of the Revised Code as scheduled to take effect on

52

January 1, 2002, to continue the amendments of

53

this act on and after that date; and to declare an

54

emergency.

55

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	56
Tort Reform Act, Am. Sub. H.B. 350 of the 121st General Assembly,	57
146 Ohio Laws 3867, in conformity with the Supreme Court of Ohio's	58
decision in State, ex rel. Ohio Academy of Trial Lawyers, v.	59
Sheward (1999), 86 Ohio St.3d 451; (2) to clarify the status of	60
the law; and (3) to revive the law as it existed prior to the Tort	61
Reform Act.	62

Section 2.01. That sections 1701.95, 1707.01, 1901.18,	63
2101.31, 2305.25, 2305.251, 2305.37, 2307.24, 2307.27, 2307.30,	64
2307.60, 2307.61, 2313.46, 2315.23, 2315.24, 2743.18, 2743.19,	65
2744.01, 2744.02, 2744.03, 2744.05, 3123.17, 4112.02, 4507.07,	66
4513.263, 4582.27, and 5111.81 be amended; that sections 2307.24	67
(2307.16), 2307.27 (2307.17), 2307.30 (2307.18), 2315.07	68
(2315.05), 2315.08 (2315.06), 2315.18 (2315.07), 2315.23	69
(2315.08), and 2315.24 (2315.09) be amended for the purpose of	70
adopting new section numbers as indicated in parentheses; that	71
sections 109.36, 2117.06, 2125.01, 2125.02, 2125.04, 2305.10,	72
2305.16, 2305.27, 2305.38, 2307.31, 2307.32, 2307.75, 2307.80,	73
2315.01, 2315.19, 2315.21, 2501.02, 2744.06, 3722.08, 4112.14,	74
4113.52, 4171.10, and 4399.18 be revived and amended; and that	75
sections 163.17, 723.01, 1343.03, 1775.14, 2305.01, 2305.11,	76
2305.35, 2307.33, 2307.71, 2307.72, 2307.73, 2307.78, 2315.18,	77
2315.20, 2317.62, 2323.51, 2744.04, 4112.99, 4909.42, 5591.36, and	78
5591.37 of the Revised Code be revived, all to read as follows:	79

Sec. 109.36.  As used in this section and sections 109.361 to	80
109.366 of the Revised Code:	81

(A) "Officer or employee" means any person who, at the time	82
a cause of action against him the person arises, is serving in an	83
elected or appointed office or position with the state or is	84
employed by the state or any person that, at the time a cause of	85
action against the person, partnership, or corporation arises, is	86
rendering medical, nursing, dental, podiatric, optometric,	87
physical therapeutic, psychiatric, or psychological services	88
pursuant to a personal services contract or purchased service	89
contract with a department, agency, or institution of the state;	90
or is rendering medical services to patients in a state	91
institution operated by the department of mental health, is a	92
member of the institution's staff, and is performing the services	93
pursuant to an agreement between the state institution and a board	94
of alcohol, drug addiction, and mental health services described	95
in section 340.021 of the Revised Code. "Officer or employee"	96
does not include any person elected, appointed, or employed by any	97
political subdivision of the state.	98

(B) "State" means the state of Ohio, including but not	99
limited to, the general assembly, the supreme court, the offices	100
of all elected state officers, and all departments, boards,	101
offices, commissions, agencies, institutions, and other	102
instrumentalities of the state of Ohio. "State" does not include	103
political subdivisions.	104

(C) "Political subdivisions" of the state means municipal	105
corporations, townships, counties, school districts, and all other	106
bodies corporate and politic responsible for governmental	107
activities only in geographical areas smaller than that of the	108
state.	109

(D) "Employer" means the general assembly, the supreme	110
court, any office of an elected state officer, or any department,	111
board, office, commission, agency, institution, or other	112
instrumentality of the state of Ohio that employs or contracts	113
with an officer or employee or to which an officer or employee is	114
elected or appointed.	115

Sec. 163.17.  Where the agency has the right to take	116
possession of the property before the verdict upon payment into	117
court of a deposit, and a portion of said deposit may be withdrawn	118
immediately by the owner, the amount of the verdict which exceeds	119
the portion of the deposit withdrawable shall be subject to	120
interest from the date of taking to the date of actual payment of	121
the award.	122

Where the agency has no right to take possession of the	123
property before the verdict, if the award is not paid to the owner	124
or deposited in court within twenty-one days after journalization	125
of the verdict, interest thereafter shall accrue, except that	126
where the owner appeals, interest shall not accrue until the	127
agency takes possession.	128

If the owner appeals and is granted a larger award, interest	129
shall be paid on the additional amount awarded from the date of	130
taking possession to the date of actual payment or date of deposit	131
with immediate right of withdrawal.	132

If the agency wishes to appeal, it may require the deposit to	133
remain with the court pending final disposition of the case	134
provided it pays interest on the final award from date of taking	135
possession to the date the money is actually paid or made	136
available to the owner; provided, the owner may withdraw the	137
entire award upon posting an appropriate refund bond set by the	138
court; and provided, that where a building or other structure is	139
taken, the court may, on application of the owner, permit the	140
owner to withdraw a reasonable portion of the award allocable to	141
the building without giving bond.	142

If the amount of any deposit actually withdrawn by the owner	143
exceeds the final award from which no appeal is or can be taken,	144
then the owner at the time of entry of judgment on such award	145
shall refund at once to the court for the account of the agency	146
the amount of such excess plus interest on such excess from the	147
date of withdrawal of such excess until the date of such refund,	148
and upon the failure of the owner to make such refund, the agency	149
shall be entitled to a money judgment against the owner.	150

Except for cases involving the department of transportation,	151
interest as provided for in this section shall be at the rate of	152
interest for judgments as set forth in section 1343.03 of the	153
Revised Code. In a case involving the appropriation of property	154
by the department of transportation, and the department is the	155
sole public agency seeking to appropriate property in the case,	156
interest as provided for in this section shall be at the per annum	157
rate of either the interest rate as defined and established in	158
division (B) of section 5703.47 of the Revised Code, or ten per	159
cent, whichever is less.	160

Sec. 723.01.  Municipal corporations shall have special power	161
to regulate the use of the streets. Except as provided in section	162
5501.49 of the Revised Code, the legislative authority of a	163
municipal corporation shall have the care, supervision, and	164
control of the public highways, streets, avenues, alleys,	165
sidewalks, public grounds, bridges, aqueducts, and viaducts within	166
the municipal corporation, and the municipal corporation shall	167
cause them to be kept open, in repair, and free from nuisance.	168

Sec. 1343.03.  (A) In cases other than those provided for in	169
sections 1343.01 and 1343.02 of the Revised Code, when money	170
becomes due and payable upon any bond, bill, note, or other	171
instrument of writing, upon any book account, upon any settlement	172
between parties, upon all verbal contracts entered into, and upon	173
all judgments, decrees, and orders of any judicial tribunal for	174
the payment of money arising out of tortious conduct or a contract	175
or other transaction, the creditor is entitled to interest at the	176
rate of ten per cent per annum, and no more, unless a written	177
contract provides a different rate of interest in relation to the	178
money that becomes due and payable, in which case the creditor is	179
entitled to interest at the rate provided in that contract.	180

(B) Except as provided in divisions (C) and (D) of this	181
section, interest on a judgment, decree, or order for the payment	182
of money rendered in a civil action based on tortious conduct,	183
including, but not limited to a civil action based on tortious	184
conduct that has been settled by agreement of the parties, shall	185
be computed from the date the judgment, decree, or order is	186
rendered to the date on which the money is paid.	187

(C) Interest on a judgment, decree, or order for the payment	188
of money rendered in a civil action based on tortious conduct and	189
not settled by agreement of the parties, shall be computed from	190
the date the cause of action accrued to the date on which the	191
money is paid if, upon motion of any party to the action, the	192
court determines at a hearing held subsequent to the verdict or	193
decision in the action that the party required to pay the money	194
failed to make a good faith effort to settle the case and that the	195
party to whom the money is to be paid did not fail to make a good	196
faith effort to settle the case.	197

(D) Divisions (B) and (C) of this section do not apply to a	198
judgment, decree, or order rendered in a civil action based on	199
tortious conduct if a different period for computing interest on	200
it is specified by law, or if it is rendered in an action against	201
the state in the court of claims, or in an action under Chapter	202
4123. of the Revised Code.	203

Sec. 1701.95.  (A)(1) In addition to any other liabilities	204
imposed by law upon directors of a corporation and except as	205
provided in division (B) of this section, directors shall be	206
jointly and severally liable to the corporation as provided in	207
division (A)(2) of this section if they vote for or assent to any	208
of the following:	209

(a) The payment of a dividend or distribution, the making of	210
a distribution of assets to shareholders, or the purchase or	211
redemption of the corporation's own shares, contrary in any such	212
case to law or the articles;	213

(b) A distribution of assets to shareholders during the	214
winding up of the affairs of the corporation, on dissolution or	215
otherwise, without the payment of all known obligations of the	216
corporation or without making adequate provision for their	217
payment;	218

(c) The making of a loan, other than in the usual course of	219
business, to an officer, director, or shareholder of the	220
corporation, other than in either of the following cases:	221

(i) In the case of a savings and loan association or of a	222
corporation engaged in banking or in the making of loans	223
generally;	224

(ii) At the time of the making of the loan, a majority of	225
the disinterested directors of the corporation voted for the loan	226
and, taking into account the terms and provisions of the loan and	227
other relevant factors, determined that the making of the loan	228
could reasonably be expected to benefit the corporation.	229

(2)(a) In cases under division (A)(1)(a) of this section,	230
directors shall be jointly and severally liable up to the amount	231
of the dividend, distribution, or other payment, in excess of the	232
amount that could have been paid or distributed without violation	233
of law or the articles but not in excess of the amount that would	234
inure to the benefit of the creditors of the corporation if it was	235
insolvent at the time of the payment or distribution or there was	236
reasonable ground to believe that by that action it would be	237
rendered insolvent, plus the amount that was paid or distributed	238
to holders of shares of any class in violation of the rights of	239
holders of shares of any other class.	240

(b) In cases under division (A)(1)(b) of this section,	241
directors shall be jointly and severally liable to the extent that	242
the obligations of the corporation that are not otherwise barred	243
by statute are not paid or for the payment of which adequate	244
provision has not been made.	245

(c) In cases under division (A)(1)(c) of this section,	246
directors shall be jointly and severally liable for the amount of	247
the loan with interest on it at the rate specified in division (A)	248
of section 1343.03 of the Revised Code until the amount has been	249
paid.	250

(B)(1) A director is not liable under division (A)(1)(a) or	251
(b) of this section if, in determining the amount available for	252
any dividend, purchase, redemption, or distribution to	253
shareholders, the director in good faith relied on a financial	254
statement of the corporation prepared by an officer or employee of	255
the corporation in charge of its accounts or certified by a public	256
accountant or firm of public accountants, the director in good	257
faith considered the assets to be of their book value, or the	258
director followed what the director believed to be sound	259
accounting and business practice.	260

(2) A director is not liable under division (A)(1)(c) of	261
this section for making any loan to, or guaranteeing any loan to	262
or other obligation of, an employee stock ownership plan, as	263
defined in section 4975(e)(7) of the Internal Revenue Code.	264

(C) A director who is present at a meeting of the directors	265
or a committee of the directors at which action on any matter is	266
authorized or taken and who has not voted for or against the	267
action shall be presumed to have voted for the action unless that	268
director's written dissent from the action is filed, either during	269
the meeting or within a reasonable time after the adjournment of	270
the meeting, with the person acting as secretary of the meeting or	271
with the secretary of the corporation.	272

(D) A shareholder who knowingly receives any dividend,	273
distribution, or payment made contrary to law or the articles	274
shall be liable to the corporation for the amount received by that	275
shareholder that is in excess of the amount that could have been	276
paid or distributed without violation of law or the articles.	277

(E) A director against whom a claim is asserted under or	278
pursuant to this section and who is held liable on the claim shall	279
be entitled to contribution, on equitable principles, from other	280
directors who also are liable. In addition, any director against	281
whom a claim is asserted under or pursuant to this section or who	282
is held liable shall have a right of contribution from the	283
shareholders who knowingly received any dividend, distribution, or	284
payment made contrary to law or the articles, and those	285
shareholders as among themselves also shall be entitled to	286
contribution in proportion to the amounts received by them	287
respectively.	288

(F) No action shall be brought by or on behalf of a	289
corporation upon a any cause of action arising under division	290
(A)(1)(a) or (b) of this section at any time after two years from	291
the day on which the violation occurs.	292

(G) Nothing contained in this section shall preclude a	293
creditor whose claim is unpaid from exercising the rights that	294
that creditor otherwise would have by law to enforce that	295
creditor's claim against assets of the corporation paid or	296
distributed to shareholders.	297

(H) The failure of a corporation to observe corporate	298
formalities relating to meetings of directors or shareholders in	299
connection with the management of the corporation's affairs shall	300
not be considered a factor tending to establish that the	301
shareholders have personal liability for corporate obligations.	302

Sec. 1707.01.  As used in this chapter:

303

(A) Whenever the context requires it, "division" or	304
"division of securities" may be read as "director of commerce" or	305
as "commissioner of securities."	306

(B) "Security" means any certificate or instrument that	307
represents title to or interest in, or is secured by any lien or	308
charge upon, the capital, assets, profits, property, or credit of	309
any person or of any public or governmental body, subdivision, or	310
agency. It includes shares of stock, certificates for shares of	311
stock, membership interests in limited liability companies,	312
voting-trust certificates, warrants and options to purchase	313
securities, subscription rights, interim receipts, interim	314
certificates, promissory notes, all forms of commercial paper,	315
evidences of indebtedness, bonds, debentures, land trust	316
certificates, fee certificates, leasehold certificates, syndicate	317
certificates, endowment certificates, certificates or written	318
instruments in or under profit-sharing or participation agreements	319
or in or under oil, gas, or mining leases, or certificates or	320
written instruments of any interest in or under the same, receipts	321
evidencing preorganization or reorganization subscriptions,	322
preorganization certificates, reorganization certificates,	323
certificates evidencing an interest in any trust or pretended	324
trust, any investment contract, any life settlement interest, any	325
instrument evidencing a promise or an agreement to pay money,	326
warehouse receipts for intoxicating liquor, and the currency of	327
any government other than those of the United States and Canada,	328
but sections 1707.01 to 1707.45 of the Revised Code do not apply	329
to the sale of real estate.	330

(C)(1) "Sale" has the full meaning of "sale" as applied by	331
or accepted in courts of law or equity, and includes every	332
disposition, or attempt to dispose, of a security or of an	333
interest in a security. "Sale" also includes a contract to sell,	334
an exchange, an attempt to sell, an option of sale, a solicitation	335
of a sale, a solicitation of an offer to buy, a subscription, or	336
an offer to sell, directly or indirectly, by agent, circular,	337
pamphlet, advertisement, or otherwise.	338

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

339

(3) The use of advertisements, circulars, or pamphlets in	340
connection with the sale of securities in this state exclusively	341
to the purchasers specified in division (D) of section 1707.03 of	342
the Revised Code is not a sale when the advertisements, circulars,	343
and pamphlets describing and offering those securities bear a	344
readily legible legend in substance as follows: "This offer is	345
made on behalf of dealers licensed under sections 1707.01 to	346
1707.45 of the Revised Code, and is confined in this state	347
exclusively to institutional investors and licensed dealers."	348

(4) The offering of securities by any person in conjunction	349
with a licensed dealer by use of advertisement, circular, or	350
pamphlet is not a sale if that person does not otherwise attempt	351
to sell securities in this state.	352

(5) Any security given with, or as a bonus on account of,	353
any purchase of securities is conclusively presumed to constitute	354
a part of the subject of that purchase and has been "sold."	355

(6) "Sale" by an owner, pledgee, or mortgagee, or by a	356
person acting in a representative capacity, includes sale on	357
behalf of such party by an agent, including a licensed dealer or	358
salesperson.	359

(D) "Person," except as otherwise provided in this chapter,	360
means a natural person, firm, partnership, limited partnership,	361
partnership association, syndicate, joint-stock company,	362
unincorporated association, trust or trustee except where the	363
trust was created or the trustee designated by law or judicial	364
authority or by a will, and a corporation or limited liability	365
company organized under the laws of any state, any foreign	366
government, or any political subdivision of a state or foreign	367
government.	368

(E)(1) "Dealer," except as otherwise provided in this	369
chapter, means every person, other than a salesperson, who engages	370
or professes to engage, in this state, for either all or part of	371
the person's time, directly or indirectly, either in the business	372
of the sale of securities for the person's own account, or in the	373
business of the purchase or sale of securities for the account of	374
others in the reasonable expectation of receiving a commission,	375
fee, or other remuneration as a result of engaging in the purchase	376
and sale of securities. "Dealer" does not mean any of the	377
following:	378

(a) Any issuer, including any officer, director, employee,	379
or trustee of, or member or manager of, or partner in, or any	380
general partner of, any issuer, that sells, offers for sale, or	381
does any act in furtherance of the sale of a security that	382
represents an economic interest in that issuer, provided no	383
commission, fee, or other similar remuneration is paid to or	384
received by the issuer for the sale;	385

(b) Any licensed attorney, public accountant, or firm of	386
such attorneys or accountants, whose activities are incidental to	387
the practice of the attorney's, accountant's, or firm's	388
profession;	389

(c) Any person that, for the account of others, engages in	390
the purchase or sale of securities that are issued and outstanding	391
before such purchase and sale, if a majority or more of the equity	392
interest of an issuer is sold in that transaction, and if, in the	393
case of a corporation, the securities sold in that transaction	394
represent a majority or more of the voting power of the	395
corporation in the election of directors;	396

(d) Any person that brings an issuer together with a	397
potential investor and whose compensation is not directly or	398
indirectly based on the sale of any securities by the issuer to	399
the investor;	400

(e) Any bank, savings and loan association, savings bank, or	401
credit union chartered under the laws of the United States or any	402
state of the United States, provided that all transactions are	403
consummated by or through a person licensed pursuant to section	404
1707.14 of the Revised Code;	405

(f) Any person that the division of securities by rule	406
exempts from the definition of "dealer" under division (E)(1) of	407
this section.	408

(2) "Licensed dealer" means a dealer licensed under this	409
chapter.	410

(F)(1) "Salesman" or "salesperson" means every natural	411
person, other than a dealer, who is employed, authorized, or	412
appointed by a dealer to sell securities within this state.	413

(2) The general partners of a partnership, and the executive	414
officers of a corporation or unincorporated association, licensed	415
as a dealer are not salespersons within the meaning of this	416
definition, nor are such clerical or other employees of an issuer	417
or dealer as are employed for work to which the sale of securities	418
is secondary and incidental; but the division of securities may	419
require a license from any such partner, executive officer, or	420
employee if it determines that protection of the public	421
necessitates the licensing.	422

(3) "Licensed salesperson" means a salesperson licensed	423
under this chapter.	424

(G) "Issuer" means every person who has issued, proposes to	425
issue, or issues any security.	426

(H) "Director" means each director or trustee of a	427
corporation, each trustee of a trust, each general partner of a	428
partnership, except a partnership association, each manager of a	429
partnership association, and any person vested with managerial or	430
directory power over an issuer not having a board of directors or	431
trustees.	432

(I) "Incorporator" means any incorporator of a corporation	433
and any organizer of, or any person participating, other than in a	434
representative or professional capacity, in the organization of an	435
unincorporated issuer.	436

(J) "Fraud," "fraudulent," "fraudulent acts," "fraudulent	437
practices," or "fraudulent transactions" means anything recognized	438
on or after July 22, 1929, as such in courts of law or equity; any	439
device, scheme, or artifice to defraud or to obtain money or	440
property by means of any false pretense, representation, or	441
promise; any fictitious or pretended purchase or sale of	442
securities; and any act, practice, transaction, or course of	443
business relating to the purchase or sale of securities that is	444
fraudulent or that has operated or would operate as a fraud upon	445
the seller or purchaser.	446

(K) Except as otherwise specifically provided, whenever any	447
classification or computation is based upon "par value," as	448
applied to securities without par value, the average of the	449
aggregate consideration received or to be received by the issuer	450
for each class of those securities shall be used as the basis for	451
that classification or computation.	452

(L)(1) "Intangible property" means patents, copyrights,	453
secret processes, formulas, services, good will, promotion and	454
organization fees and expenses, trademarks, trade brands, trade	455
names, licenses, franchises, any other assets treated as	456
intangible according to generally accepted accounting principles,	457
and securities, accounts receivable, or contract rights having no	458
readily determinable value.	459

(2) "Tangible property" means all property other than	460
intangible property and includes securities, accounts receivable,	461
and contract rights, when the securities, accounts receivable, or	462
contract rights have a readily determinable value.	463

(M) "Public utilities" means those utilities defined in	464
sections 4905.02, 4905.03, 4907.02, and 4907.03 of the Revised	465
Code; in the case of a foreign corporation, it means those	466
utilities defined as public utilities by the laws of its domicile;	467
and in the case of any other foreign issuer, it means those	468
utilities defined as public utilities by the laws of the situs of	469
its principal place of business. The term always includes	470
railroads whether or not they are so defined as public utilities.	471

(N) "State" means any state of the United States, any	472
territory or possession of the United States, the District of	473
Columbia, and any province of Canada.	474

(O) "Bank" means any bank, trust company, savings and loan	475
association, savings bank, or credit union that is incorporated or	476
organized under the laws of the United States, any state of the	477
United States, Canada, or any province of Canada and that is	478
subject to regulation or supervision by that country, state, or	479
province.	480

(P) "Include," when used in a definition, does not exclude	481
other things or persons otherwise within the meaning of the term	482
defined.	483

(Q)(1) "Registration by description" means that the	484
requirements of section 1707.08 of the Revised Code have been	485
complied with.	486

(2) "Registration by qualification" means that the	487
requirements of sections 1707.09 and 1707.11 of the Revised Code	488
have been complied with.	489

(3) "Registration by coordination" means that there has been	490
compliance with section 1707.091 of the Revised Code. Reference in	491
this chapter to registration by qualification also shall be deemed	492
to include registration by coordination unless the context	493
otherwise indicates.	494

(R) "Intoxicating liquor" includes all liquids and compounds	495
that contain more than three and two-tenths per cent of alcohol by	496
weight and are fit for use for beverage purposes.	497

(S) "Institutional investor" means any corporation, bank,	498
insurance company, pension fund or pension fund trust, employees'	499
profit-sharing fund or employees' profit-sharing trust, any	500
association engaged, as a substantial part of its business or	501
operations, in purchasing or holding securities, or any trust in	502
respect of which a bank is trustee or cotrustee. "Institutional	503
investor" does not include any business entity formed for the	504
primary purpose of evading sections 1707.01 to 1707.45 of the	505
Revised Code.	506

(T) "Securities Act of 1933," 48 Stat. 74, 15 U.S.C. 77a,	507
"Securities Exchange Act of 1934," 48 Stat. 881, 15 U.S.C. 78a,	508
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1,	509
"Investment Advisers Act of 1940," 54 Stat. 847, 15 U.S.C. 80b,	510
and "Investment Company Act of 1940," 54 Stat. 789, 15 U.S.C. 80a	511
mean the federal statutes of those names as amended before or	512
after March 18, 1999.	513

(U) "Securities and exchange commission" means the	514
securities and exchange commission established by the Securities	515
Exchange Act of 1934.	516

(V)(1) "Control bid" means the purchase of or offer to	517
purchase any equity security of a subject company from a resident	518
of this state if either of the following applies:	519

(a) After the purchase of that security, the offeror would	520
be directly or indirectly the beneficial owner of more than ten	521
per cent of any class of the issued and outstanding equity	522
securities of the issuer.	523

(b) The offeror is the subject company, there is a pending	524
control bid by a person other than the issuer, and the number of	525
the issued and outstanding shares of the subject company would be	526
reduced by more than ten per cent.	527

(2) For purposes of division (V)(1) of this section,	528
"control bid" does not include any of the following:	529

(a) A bid made by a dealer for the dealer's own account in	530
the ordinary course of business of buying and selling securities;	531

(b) An offer to acquire any equity security solely in	532
exchange for any other security, or the acquisition of any equity	533
security pursuant to an offer, for the sole account of the	534
offeror, in good faith and not for the purpose of avoiding the	535
provisions of this chapter, and not involving any public offering	536
of the other security within the meaning of Section 4 of Title I	537
of the "Securities Act of 1933," 48 Stat. 77, 15 U.S.C.A. 77d(2),	538
as amended;	539

(c) Any other offer to acquire any equity security, or the	540
acquisition of any equity security pursuant to an offer, for the	541
sole account of the offeror, from not more than fifty persons, in	542
good faith and not for the purpose of avoiding the provisions of	543
this chapter.	544

(W) "Offeror" means a person who makes, or in any way	545
participates or aids in making, a control bid and includes persons	546
acting jointly or in concert, or who intend to exercise jointly or	547
in concert any voting rights attached to the securities for which	548
the control bid is made and also includes any subject company	549
making a control bid for its own securities.	550

(X)(1) "Investment adviser" means any person who, for	551
compensation, engages in the business of advising others, either	552
directly or through publications or writings, as to the value of	553
securities or as to the advisability of investing in, purchasing,	554
or selling securities, or who, for compensation and as a part of	555
regular business, issues or promulgates analyses or reports	556
concerning securities.	557

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

558

(a) Any attorney, accountant, engineer, or teacher, whose	559
performance of investment advisory services described in division	560
(X)(1) of this section is solely incidental to the practice of the	561
attorney's, accountant's, engineer's, or teacher's profession;	562

(b) A publisher of any bona fide newspaper, news magazine,	563
or business or financial publication of general and regular	564
circulation;	565

(c) A person who acts solely as an investment adviser	566
representative;	567

(d) A bank holding company, as defined in the "Bank Holding	568
Company Act of 1956," 70 Stat. 133, 12 U.S.C. 1841, that is not an	569
investment company;	570

(e) A bank, or any receiver, conservator, or other	571
liquidating agent of a bank;	572

(f) Any licensed dealer or licensed salesperson whose	573
performance of investment advisory services described in division	574
(X)(1) of this section is solely incidental to the conduct of the	575
dealer's or salesperson's business as a licensed dealer or	576
licensed salesperson and who receives no special compensation for	577
the services;	578

(g) Any person, the advice, analyses, or reports of which do	579
not relate to securities other than securities that are direct	580
obligations of, or obligations guaranteed as to principal or	581
interest by, the United States, or securities issued or guaranteed	582
by corporations in which the United States has a direct or	583
indirect interest, and that have been designated by the secretary	584
of the treasury as exempt securities as defined in the "Securities	585
Exchange Act of 1934," 48 Stat. 881, 15 U.S.C. 78c;	586

(h) Any person that is excluded from the definition of	587
investment adviser pursuant to section 202(a)(11)(A) to (E) of the	588
"Investment Advisers Act of 1940," 15 U.S.C. 80b-2(a)(11), or that	589
has received an order from the securities and exchange commission	590
under section 202(a)(11)(F) of the "Investment Advisers Act of	591
1940," 15 U.S.C. 80b-2(a)(11)(F), declaring that the person is not	592
within the intent of section 202(a)(11) of the Investment Advisers	593
Act of 1940.	594

(i) Any other person that the division designates by rule,	595
if the division finds that the designation is necessary or	596
appropriate in the public interest or for the protection of	597
investors or clients and consistent with the purposes fairly	598
intended by the policy and provisions of this chapter.	599

(Y)(1) "Subject company" means an issuer that satisfies both	600
of the following:	601

(a) Its principal place of business or its principal	602
executive office is located in this state, or it owns or controls	603
assets located within this state that have a fair market value of	604
at least one million dollars.	605

(b) More than ten per cent of its beneficial or record	606
equity security holders are resident in this state, more than ten	607
per cent of its equity securities are owned beneficially or of	608
record by residents in this state, or more than one thousand of	609
its beneficial or record equity security holders are resident in	610
this state.	611

(2) The division of securities may adopt rules to establish	612
more specific application of the provisions set forth in division	613
(Y)(1) of this section. Notwithstanding the provisions set forth	614
in division (Y)(1) of this section and any rules adopted under	615
this division, the division, by rule or in an adjudicatory	616
proceeding, may make a determination that an issuer does not	617
constitute a "subject company" under division (Y)(1) of this	618
section if appropriate review of control bids involving the issuer	619
is to be made by any regulatory authority of another jurisdiction.	620

(Z) "Beneficial owner" includes any person who directly or	621
indirectly through any contract, arrangement, understanding, or	622
relationship has or shares, or otherwise has or shares, the power	623
to vote or direct the voting of a security or the power to dispose	624
of, or direct the disposition of, the security. "Beneficial	625
ownership" includes the right, exercisable within sixty days, to	626
acquire any security through the exercise of any option, warrant,	627
or right, the conversion of any convertible security, or	628
otherwise. Any security subject to any such option, warrant,	629
right, or conversion privilege held by any person shall be deemed	630
to be outstanding for the purpose of computing the percentage of	631
outstanding securities of the class owned by that person, but	632
shall not be deemed to be outstanding for the purpose of computing	633
the percentage of the class owned by any other person. A person	634
shall be deemed the beneficial owner of any security beneficially	635
owned by any relative or spouse or relative of the spouse residing	636
in the home of that person, any trust or estate in which that	637
person owns ten per cent or more of the total beneficial interest	638
or serves as trustee or executor, any corporation or entity in	639
which that person owns ten per cent or more of the equity, and any	640
affiliate or associate of that person.	641

(AA) "Offeree" means the beneficial or record owner of any	642
security that an offeror acquires or offers to acquire in	643
connection with a control bid.	644

(BB) "Equity security" means any share or similar security,	645
or any security convertible into any such security, or carrying	646
any warrant or right to subscribe to or purchase any such	647
security, or any such warrant or right, or any other security	648
that, for the protection of security holders, is treated as an	649
equity security pursuant to rules of the division of securities.	650

(CC) "Investment company" has the same meaning as in section	651
3(A) of the "Investment Company Act of 1940," 54 Stat. 789, 15	652
U.S.C. 80a-1 to 80a-52.	653

(DD) "Penny stock" has the same meaning as in section	654
3(A)(51) of the "Securities Exchange Act of 1934," 48 Stat. 881,	655
15 U.S.C. 78a-78jj, and the rules, regulations, and orders issued	656
pursuant to that section.	657

(EE) "Going concern transaction" has the same meaning given	658
that term under the rules or regulations on the securities and	659
exchange commission issued pursuant to section 13(c) of the	660
"Securities Exchange Act of 1934," 48 Stat. 881, 15 U.S.C.	661
78a-78jj.	662

(FF) "Person acting on behalf of an issuer" means an	663
officer, director, or employee of an issuer.	664

(GG) "Blank check company," "roll-up transaction,"	665
"executive officer of an entity," and "direct participation	666
program" have the same meanings given those terms by rule or	667
regulation of the securities and exchange commission.	668

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

669

(1) A statement containing a projection of revenues, income	670
including income loss, earnings per share including earnings loss	671
per share, capital expenditures, dividends, capital structure, or	672
other financial items;	673

(2) A statement of the plans and objectives of the	674
management of the issuer for future operations, including plans or	675
objectives relating to the products or services of the issuer;	676

(3) A statement of future economic performance, including	677
any statement of that nature contained in a discussion and	678
analysis of financial conditions by the management or in the	679
results of operations included pursuant to the rules and	680
regulations of the securities and exchange commission;	681

(4) Any disclosed statement of the assumptions underlying or	682
relating to a statement described in division (B)(1), (2), or (3)	683
of section 1707.437 of the Revised Code;	684

(5) Any report issued by an outside reviewer retained by an	685
issuer to the extent that the report relates to a forward-looking	686
statement made by the issuer;	687

(6) A statement containing a projection or estimate of any	688
other items that may be specified by rule or regulation of the	689
securities and exchange commission.	690

(II)(1) "Investment adviser representative" means a	691
supervised person of an investment adviser, provided that the	692
supervised person has more than five clients who are natural	693
persons other than excepted persons defined in division (KK)(EE)	694
of this section, and that more than ten per cent of the supervised	695
person's clients are natural persons other than excepted persons	696
defined in division (KK)(EE) of this section. "Investment adviser	697
representative" does not mean any of the following:	698

(a) A supervised person that does not on a regular basis	699
solicit, meet with, or otherwise communicate with clients of the	700
investment adviser;	701

(b) A supervised person that provides only investment	702
advisory services described in division (X)(1) of this section by	703
means of written materials or oral statements that do not purport	704
to meet the objectives or needs of specific individuals or	705
accounts;	706

(c) Any other person that the division designates by rule,	707
if the division finds that the designation is necessary or	708
appropriate in the public interest or for the protection of	709
investors or clients and is consistent with the provisions fairly	710
intended by the policy and provisions of this chapter.	711

(2) For the purpose of the calculation of clients in	712
division (II)(CC)(1) of this section, a natural person and the	713
following persons are deemed a single client: Any minor child of	714
the natural person; any relative, spouse, or relative of the	715
spouse of the natural person who has the same principal residence	716
as the natural person; all accounts of which the natural person or	717
the persons referred to in division (II)(CC)(2) of this section	718
are the only primary beneficiaries; and all trusts of which the	719
natural person or persons referred to in division (II)(CC)(2) of	720
this section are the only primary beneficiaries. Persons who are	721
not residents of the United States need not be included in the	722
calculation of clients under division (II)(CC)(1) of this section.	723

(3) If subsequent to March 18, 1999, amendments are enacted	724
or adopted defining "investment adviser representative" for	725
purposes of the Investment Advisers Act of 1940 or additional	726
rules or regulations are promulgated by the securities and	727
exchange commission regarding the definition of "investment	728
adviser representative" for purposes of the Investment Advisers	729
Act of 1940, the division of securities shall, by rule, adopt the	730
substance of the amendments, rules, or regulations, unless the	731
division finds that the amendments, rules, or regulations are not	732
necessary for the protection of investors or in the public	733
interest.	734

(JJ)(DD) "Supervised person" means a natural person who is	735
any of the following:	736

(1) A partner, officer, or director of an investment	737
adviser, or other person occupying a similar status or performing	738
similar functions with respect to an investment adviser;	739

(2) An employee of an investment adviser;

740

(3) A person who provides investment advisory services	741
described in division (X)(1) of this section on behalf of the	742
investment adviser and is subject to the supervision and control	743
of the investment adviser.	744

(KK)(EE) "Excepted person" means a natural person to whom	745
any of the following applies:	746

(1) Immediately after entering into the investment advisory	747
contract with the investment adviser, the person has at least	748
seven hundred fifty thousand dollars under the management of the	749
investment adviser.	750

(2) The investment adviser reasonably believes either of the	751
following at the time the investment advisory contract is entered	752
into with the person:	753

(a) The person has a net worth, together with assets held	754
jointly with a spouse, of more than one million five hundred	755
thousand dollars.	756

(b) The person is a qualified purchaser as defined in	757
division (LL)(FF) of this section.	758

(3) Immediately prior to entering into an investment	759
advisory contract with the investment adviser, the person is	760
either of the following:	761

(a) An executive officer, director, trustee, general	762
partner, or person serving in a similar capacity, of the	763
investment adviser;	764

(b) An employee of the investment adviser, other than an	765
employee performing solely clerical, secretarial, or	766
administrative functions or duties for the investment adviser,	767
which employee, in connection with the employee's regular	768
functions or duties, participates in the investment activities of	769
the investment adviser, provided that, for at least twelve months,	770
the employee has been performing such nonclerical, nonsecretarial,	771
or nonadministrative functions or duties for or on behalf of the	772
investment adviser or performing substantially similar functions	773
or duties for or on behalf of another company.	774

If subsequent to March 18, 1999, amendments are enacted or	775
adopted defining "excepted person" for purposes of the Investment	776
Advisers Act of 1940 or additional rules or regulations are	777
promulgated by the securities and exchange commission regarding	778
the definition of "excepted person" for purposes of the Investment	779
Advisers Act of 1940, the division of securities shall, by rule,	780
adopt the substance of the amendments, rules, or regulations,	781
unless the division finds that the amendments, rules, or	782
regulations are not necessary for the protection of investors or	783
in the public interest.	784

(LL)(FF)(1) "Qualified purchaser" means either of the	785
following:	786

(a) A natural person who owns not less than five million	787
dollars in investments as defined by rule by the division of	788
securities;	789

(b) A natural person, acting for the person's own account or	790
accounts of other qualified purchasers, who in the aggregate owns	791
and invests on a discretionary basis, not less than twenty-five	792
million dollars in investments as defined by rule by the division	793
of securities.	794

(2) If subsequent to March 18, 1999, amendments are enacted	795
or adopted defining "qualified purchaser" for purposes of the	796
Investment Advisers Act of 1940 or additional rules or regulations	797
are promulgated by the securities and exchange commission	798
regarding the definition of "qualified purchaser" for purposes of	799
the Investment Advisers Act of 1940, the division of securities	800
shall, by rule, adopt the amendments, rules, or regulations,	801
unless the division finds that the amendments, rules, or	802
regulations are not necessary for the protection of investors or	803
in the public interest.	804

(MM)(GG)(1) "Purchase" has the full meaning of "purchase" as	805
applied by or accepted in courts of law or equity and includes	806
every acquisition of, or attempt to acquire, a security or an	807
interest in a security. "Purchase" also includes a contract to	808
purchase, an exchange, an attempt to purchase, an option to	809
purchase, a solicitation of a purchase, a solicitation of an offer	810
to sell, a subscription, or an offer to purchase, directly or	811
indirectly, by agent, circular, pamphlet, advertisement, or	812
otherwise.	813

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

814

(3) Any security given with, or as a bonus on account of,	815
any purchase of securities is conclusively presumed to constitute	816
a part of the subject of that purchase.	817

(NN)(HH) "Life settlement interest" means the entire	818
interest or any fractional interest in an insurance policy or	819
certificate of insurance, or in an insurance benefit under such a	820
policy or certificate, that is the subject of a life settlement	821
contract.	822

For purposes of this division, "life settlement contract"	823
means an agreement for the purchase, sale, assignment, transfer,	824
devise, or bequest of any portion of the death benefit or	825
ownership of any life insurance policy or contract, in return for	826
consideration or any other thing of value that is less than the	827
expected death benefit of the life insurance policy or contract.	828
"Life settlement contract" includes a viatical settlement contract	829
as defined in section 3916.01 of the Revised Code, but does not	830
include any of the following:	831

(1) A loan by an insurer under the terms of a life insurance	832
policy, including, but not limited to, a loan secured by the cash	833
value of the policy;	834

(2) An agreement with a bank that takes an assignment of a	835
life insurance policy as collateral for a loan;	836

(3) The provision of accelerated benefits as defined in	837
section 3915.21 of the Revised Code;	838

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

839

(5) An agreement by an individual to purchase an existing	840
life insurance policy or contract from the original owner of the	841
policy or contract, if the individual does not enter into more	842
than one life settlement contract per calendar year;	843

(6) The initial purchase of an insurance policy or	844
certificate of insurance from its owner by a viatical settlement	845
provider, as defined in section 3916.01 of the Revised Code, that	846
is licensed under Chapter 3916. of the Revised Code.	847

Sec. 1775.14.  (A) Subject to section 1339.65 of the Revised	848
Code and except as provided in division (B) of this section, all	849
partners are liable as follows:	850

(1) Jointly and severally for everything chargeable to the	851
partnership under sections 1775.12 and 1775.13 of the Revised	852
Code. This joint and several liability is not subject to division	853
(D) of section 2315.19 of the Revised Code with respect to a	854
negligence claim that otherwise is subject to that section.	855

(2) Jointly for all other debts and obligations of the	856
partnership, but any partner may enter into a separate obligation	857
to perform a partnership contract.	858

(B) Subject to divisions (C)(1) and (2) of this section or	859
as otherwise provided in a written agreement between the partners	860
of a registered limited liability partnership, a partner in a	861
registered limited liability partnership is not liable, directly	862
or indirectly, by way of indemnification, contribution,	863
assessment, or otherwise, for debts, obligations, or other	864
liabilities of any kind of, or chargeable to, the partnership or	865
another partner or partners arising from negligence or from	866
wrongful acts, errors, omissions, or misconduct, whether or not	867
intentional or characterized as tort, contract, or otherwise,	868
committed or occurring while the partnership is a registered	869
limited liability partnership and committed or occurring in the	870
course of the partnership business by another partner or an	871
employee, agent, or representative of the partnership.	872

(C)(1) Division (B) of this section does not affect the	873
liability of a partner in a registered limited liability	874
partnership for that partner's own negligence, wrongful acts,	875
errors, omissions, or misconduct, including that partner's own	876
negligence, wrongful acts, errors, omissions, or misconduct in	877
directly supervising any other partner or any employee, agent, or	878
representative of the partnership.	879

(2) Division (B) of this section shall not affect the	880
liability of a partner for liabilities imposed by Chapters 5735.,	881
5739., 5743., and 5747. and section 3734.908 of the Revised Code.	882

(D) A partner in a registered limited liability partnership	883
is not a proper party to an action or proceeding by or against a	884
registered limited liability partnership with respect to any debt,	885
obligation, or other liability of any kind described in division	886
(B) of this section, unless the partner is liable under divisions	887
(C)(1) and (2) of this section.	888

Sec. 1901.18.  (A) Except as otherwise provided in this	889
division or section 1901.181 of the Revised Code, subject to the	890
monetary jurisdiction of municipal courts as set forth in section	891
1901.17 of the Revised Code, a municipal court has original	892
jurisdiction within its territory in all of the following actions	893
or proceedings and to perform all of the following functions:	894

(1) In any civil action, of whatever nature or remedy, of	895
which judges of county courts have jurisdiction;	896

(2) In any action or proceeding at law for the recovery of	897
money or personal property of which the court of common pleas has	898
jurisdiction;	899

(3) In any action at law based on contract, to determine,	900
preserve, and enforce all legal and equitable rights involved in	901
the contract, to decree an accounting, reformation, or	902
cancellation of the contract, and to hear and determine all legal	903
and equitable remedies necessary or proper for a complete	904
determination of the rights of the parties to the contract;	905

(4) In any action or proceeding for the sale of personal	906
property under chattel mortgage, lien, encumbrance, or other	907
charge, for the foreclosure and marshalling of liens on personal	908
property of that nature, and for the rendering of personal	909
judgment in the action or proceeding;	910

(5) In any action or proceeding to enforce the collection of	911
its own judgments or the judgments rendered by any court within	912
the territory to which the municipal court has succeeded, and to	913
subject the interest of a judgment debtor in personal property to	914
satisfy judgments enforceable by the municipal court;	915

(6) In any action or proceeding in the nature of	916
interpleader;	917

(7) In any action of replevin;

918

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

919

(9) In any action concerning the issuance and enforcement of	920
temporary protection orders pursuant to section 2919.26 of the	921
Revised Code or protection orders pursuant to section 2903.213 of	922
the Revised Code or the enforcement of protection orders issued by	923
courts of another state, as defined in section 2919.27 of the	924
Revised Code;	925

(10) If the municipal court has a housing or environmental	926
division, in any action over which the division is given	927
jurisdiction by section 1901.181 of the Revised Code, provided	928
that, except as specified in division (B)(B) of that section, no	929
judge of the court other than the judge of the division shall hear	930
or determine any action over which the division has jurisdiction;	931

(11) In any action brought pursuant to division (I) of	932
section 3733.11 of the Revised Code, if the residential premises	933
that are the subject of the action are located within the	934
territorial jurisdiction of the court;	935

(12) In any civil action as described in division (B)(1) of	936
section 3767.41 of the Revised Code that relates to a public	937
nuisance, and, to the extent any provision of this chapter	938
conflicts or is inconsistent with a provision of that section, the	939
provision of that section shall control in the civil action.	940

(B) The Cleveland municipal court also shall have	941
jurisdiction within its territory in all of the following actions	942
or proceedings and to perform all of the following functions:	943

(1) In all actions and proceedings for the sale of real	944
property under lien of a judgment of the municipal court or a lien	945
for machinery, material, or fuel furnished or labor performed,	946
irrespective of amount, and, in those actions and proceedings, the	947
court may proceed to foreclose and marshal all liens and all	948
vested or contingent rights, to appoint a receiver, and to render	949
personal judgment irrespective of amount in favor of any party.	950

(2) In all actions for the foreclosure of a mortgage on real	951
property given to secure the payment of money or the enforcement	952
of a specific lien for money or other encumbrance or charge on	953
real property, when the amount claimed by the plaintiff does not	954
exceed fifteen thousand dollars and the real property is situated	955
within the territory, and, in those actions, the court may proceed	956
to foreclose all liens and all vested and contingent rights and	957
may proceed to render judgments and make findings and orders	958
between the parties in the same manner and to the same extent as	959
in similar actions in the court of common pleas.	960

(3) In all actions for the recovery of real property	961
situated within the territory to the same extent as courts of	962
common pleas have jurisdiction;	963

(4) In all actions for injunction to prevent or terminate	964
violations of the ordinances and regulations of the city of	965
Cleveland enacted or promulgated under the police power of the	966
city of Cleveland, pursuant to Section 3 of Article XVIII, Ohio	967
Constitution, over which the court of common pleas has or may have	968
jurisdiction, and, in those actions, the court may proceed to	969
render judgments and make findings and orders in the same manner	970
and to the same extent as in similar actions in the court of	971
common pleas.	972

Sec. 2101.31.  All questions of fact shall be determined by	973
the probate judge, unless he the judge orders them those questions	974
of fact to be tried by before a jury, or referred, refers those	975
questions of fact to a special master commissioner as provided in	976
sections 2101.06 and 2101.07, and sections 2315.26 to 2315.37,	977
inclusive, of the Revised Code.	978

Sec. 2117.06.  (A) All creditors having claims against an	979
estate, including claims arising out of contract, out of tort, on	980
cognovit notes, or on judgments, whether due or not due, secured	981
or unsecured, liquidated or unliquidated, shall present their	982
claims in one of the following manners:	983

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

984

(2) To the executor or administrator in a writing, and to	985
the probate court by filing a copy of the writing with it;	986

(3) In a writing that is sent by ordinary mail addressed to	987
the decedent and that is actually received by the executor or	988
administrator within the appropriate time specified in division	989
(B) of this section. For purposes of this division, if an	990
executor or administrator is not a natural person, the writing	991
shall be considered as being actually received by the executor or	992
administrator only if the person charged with the primary	993
responsibility of administering the estate of the decedent	994
actually receives the writing within the appropriate time	995
specified in division (B) of this section.	996

(B) All claims shall be presented within one year after the	997
death of the decedent, whether or not the estate is released from	998
administration or an executor or administrator is appointed during	999
that one-year period. Every claim presented shall set forth the	1000
claimant's address.	1001

(C) A claim that is not presented within one year ater after	1002
the death of the decedent shall be forever barred as to all	1003
parties, including, but not limited to, devisees, legatees, and	1004
distributees. No payment shall be made on the claim and no action	1005
shall be maintained on the claim, except as otherwise provided in	1006
sections 2117.37 to 2117.42 of the Revised Code, with reference to	1007
contingent claims.	1008

(D) In the absence of any prior demand for allowance, the	1009
executor or administrator shall allow or reject all claims, except	1010
tax assessment claims, within thirty days after their	1011
presentation, provided that failure of the executor or	1012
administrator to allow or reject within that time shall not	1013
prevent him the executor or administrator from doing so after that	1014
time and shall not prejudice the rights of any claimant. Upon the	1015
allowance of a claim, the executor or the administrator, on demand	1016
of the creditor, shall furnish the creditor with a written	1017
statement or memorandum of the fact and date of such allowance.	1018

(E) If the executor or administrator has actual knowledge of	1019
a pending action commenced against the decedent prior to his the	1020
decedent's death in a court of record in this state, such executor	1021
or administrator shall file a notice of his the appointment of the	1022
executor or administrator in such pending action within ten days	1023
after acquiring such knowledge. If the administrator or executor	1024
is not a natural person, actual knowledge of a pending suit	1025
against the decedent shall be limited to the actual knowledge of	1026
the person charged with the primary responsibility of	1027
administering the estate of the decedent. Failure to file the	1028
notice within the ten-day period does not extend the claim period	1029
established by this section.	1030

(F) This section applies to any person who is required to	1031
give written notice to the executor or administrator of a motion	1032
or application to revive an action pending against the decedent at	1033
the date of the death of the decedent.	1034

(G) Nothing in this section or in section 2117.07 of the	1035
Revised Code shall be construed to reduce the time mentioned in	1036
section 2125.02, 2305.09, 2305.10, 2305.11, or 2305.12 of the	1037
Revised Code, provided that no portion of any recovery on a claim	1038
brought pursuant to any of those sections shall come from the	1039
assets of an estate, unless the claim has been presented against	1040
the estate in accordance with Chapter 2117. of the Revised Code.	1041

(H) Any person whose claim has been presented, and not	1042
thereafter rejected, is a creditor as that term is used in	1043
Chapters 2113. to 2125. of the Revised Code. Claims that are	1044
contingent need not be presented except as provided in sections	1045
2117.37 to 2117.42 of the Revised Code, but, whether presented	1046
pursuant to those sections or this section, contingent claims may	1047
be presented in any of the manners described in division (A) of	1048
this section.	1049

(I) If a creditor presents a claim against an estate in	1050
accordance with division (A)(2) of this section, the probate court	1051
shall not close the administration of the estate until that claim	1052
is allowed or rejected.	1053

(J) The probate court shall not require an executor or	1054
administrator to make and return into the court a schedule of	1055
claims against the estate.	1056

(K) If the executor or administrator makes a distribution of	1057
the assets of the estate prior to the expiration of the time for	1058
the filing of claims as set forth in this section, he the executor	1059
or administrator shall provide notice to each distributee as	1060
provided in section 2113.533 of the Revised Code.	1061

Sec. 2125.01.  When the death of a person is caused by	1062
wrongful act, neglect, or default which would have entitled the	1063
party injured to maintain an action and recover damages if death	1064
had not ensued, the person who would have been liable if death had	1065
not ensued, or the administrator or executor of the estate of such	1066
person, as such administrator or executor, shall be liable to an	1067
action for damages, nothwithstanding notwithstanding the death of	1068
the person injured and although the death was caused under	1069
circumstances which make it aggravated murder, murder, or	1070
manslaughter. When the action is against such administrator or	1071
executor, the damages recovered shall be a valid claim against the	1072
estate of such deceased person. No action for the wrongful death	1073
of a person may be maintained against the owner or lessee of the	1074
real property upon which the death occurred if the cause of the	1075
death was the violent unprovoked act of a party other than the	1076
owner, lessee, or a person under the control of the owner or	1077
lessee, unless the acts or omissions of the owner, lessee, or	1078
person under the control of the owner or lessee constitute gross	1079
negligence.	1080

When death is caused by a wrongful act, neglect, or default	1081
in another state or foreign country, for which a right to maintain	1082
an action and recover damages is given by a statute of such other	1083
state or foreign country, such right of action may be enforced in	1084
this state. Every such action shall be commenced within the time	1085
prescribed for the commencement of such actions by the statute	1086
of such other state or foreign country.	1087

The same remedy shall apply to any such cause of action now	1088
existing and to any such action commenced before January 1, 1932,	1089
or attempted to be commenced in proper time and now appearing on	1090
the files of any court within this state, and no prior law of this	1091
state shall prevent the maintenance of such cause of action.	1092

Sec. 2125.02.  (A)(1) Except as provided in this division,	1093
an action for wrongful death shall be brought in the name of the	1094
personal representative of the decedent for the exclusive benefit	1095
of the surviving spouse, the children, and the parents of the	1096
decedent, all of whom are rebuttably presumed to have suffered	1097
damages by reason of the wrongful death, and for the exclusive	1098
benefit of the other next of kin of the decedent. A parent who	1099
abandoned a minor child who is the decedent shall not receive any	1100
benefit in a wrongful death action brought under this division.	1101

(2) The jury, or the court if the action is not tried to a	1102
jury, may award damages authorized by division (B) of this	1103
section, as it determines are proportioned to the injury and loss	1104
resulting to the beneficiaries described in division (A)(1) of	1105
this section by reason of the wrongful death and may award the	1106
reasonable funeral and burial expenses incurred as a result of the	1107
wrongful death. In its verdict, the jury or court shall set forth	1108
separately the amount, if any, awarded for the reasonable funeral	1109
and burial expenses incurred as a result of the wrongful death.	1110

(3)(a) The date of the decedent's death fixes, subject to	1111
division (A)(3)(b)(iii) of this section, the status of all	1112
beneficiaries of the action for purposes of determining the	1113
damages suffered by them and the amount of damages to be awarded.	1114
A person who is conceived prior to the decedent's death and who is	1115
born alive after his the decedent's death is a beneficiary of the	1116
action.	1117

(b)(i) In determining the amount of damages to be awarded,	1118
the jury or court may consider all factors existing at the time of	1119
the decedent's death that are relevant to a determination of the	1120
damages suffered by reason of the wrongful death.	1121

(ii) Consistent with the Rules of Evidence, any party to an	1122
action for wrongful death may present evidence of the cost of an	1123
annuity in connection with any issue of recoverable future	1124
damages. If such evidence is presented, then, in addition to the	1125
factors described in division (A)(3)(b)(i) of this section and, if	1126
applicable, division (A)(3)(b)(iii) of this section, the jury or	1127
court may consider that evidence in determining the future damages	1128
suffered by reason of the wrongful death. If such evidence is	1129
presented, the present value in dollars of any annuity is its	1130
cost.	1131

(iii) Consistent with the Rules of Evidence, any party to an	1132
action for wrongful death may present evidence that the surviving	1133
spouse of the decedent is remarried. If such evidence is	1134
presented, then, in addition to the factors described in divisions	1135
(A)(3)(b)(i) and (ii) of this section, the jury or court may	1136
consider that evidence in determining the damages suffered by the	1137
surviving spouse by reason of the wrongful death.	1138

(B) Compensatory damages may be awarded in an action for	1139
wrongful death and may include damages for the following:	1140

(1) Loss of support from the reasonably expected earning	1141
capacity of the decedent;	1142

(2) Loss of services of the decedent;

1143

(3) Loss of the society of the decedent, including loss of	1144
companionship, consortium, care, assistance, attention,	1145
protection, advice, guidance, counsel, instruction, training, and	1146
education, suffered by the surviving spouse, minor children,	1147
parents, or next of kin;	1148

(4) Loss of prospective inheritance to the decedent's heirs	1149
at law at the time of his the decedent's death;	1150

(5) The mental anguish incurred by the surviving spouse,	1151
minor children, parents, or next of kin.	1152

(C) A personal representative appointed in this state, with	1153
the consent of the court making the appointment and at any time	1154
before or after the commencement of an action for wrongful death,	1155
may settle with the defendant the amount to be paid.	1156

(D) An action for wrongful death shall be commenced within	1157
two years after the decedent's death.	1158

(E)(1) If the personal representative of a deceased minor	1159
has actual knowledge or reasonable cause to believe that the minor	1160
was abandoned by a parent seeking to benefit from the wrongful	1161
death action or if any person listed in division (A)(1) of this	1162
section who is permitted to benefit in a wrongful death action	1163
filed in relation to a deceased minor has actual knowledge or	1164
reasonable cause to believe that the minor was abandoned by a	1165
parent seeking to benefit from the wrongful death action, the	1166
personal representative or the person may file a motion in the	1167
court in which the wrongful death action is filed requesting the	1168
court to issue an order finding that the parent abandoned the	1169
child and is not entitled to recover damages in the wrongful death	1170
action based on the death of the deceased minor child.	1171

(2) The movant who files a motion described in division	1172
(E)(1) of this section shall name the parent who abandoned the	1173
child and, whether or not that parent is a resident of this state,	1174
the parent shall be served with a summons and a copy of the motion	1175
in accordance with the Rules of Civil Procedure. Upon the filing	1176
of the motion, the court shall conduct a hearing. In the hearing	1177
on the motion, the movant has the burden of proving, by a	1178
preponderance of the evidence, that the parent abandoned the	1179
deceased minor child. If, at the hearing, the court finds that	1180
the movant has sustained that burden of proof, the court shall	1181
issue an order that includes its finding that the parent abandoned	1182
the deceased minor child and, because of the prohibition set forth	1183
in division (A) of this section, the parent is not entitled to	1184
recover damages in the wrongful death action based on the death of	1185
the deceased minor child.	1186

(3) A motion requesting a court to issue an order finding	1187
that the specified parent abandoned the child and is not entitled	1188
to recover damages in the wrongful death action based on the death	1189
of the deceased minor child may be filed at any time during the	1190
pendency of the wrongful death action.	1191

(F) As used in this section:

1192

(1) "Annuity" means an annuity that would be purchased from	1193
either of the following types of insurance companies:	1194

(a) An insurance company that the A. M. Best Company, in its	1195
most recently published rating guide of life insurance companies,	1196
has rated A or better and has rated XII or higher as to financial	1197
size or strength;	1198

(b)(i) An insurance company that the superintendent of	1199
insurance, under rules adopted pursuant to Chapter 119. of the	1200
Revised Code for purposes of implementing this division,	1201
determines is licensed to do business in this state and,	1202
considering the factors described in division (F)(1)(b)(ii) of	1203
this section, is a stable insurance company that issues annuities	1204
that are safe and desirable.	1205

(ii) In making determinations as described in division	1206
(F)(1)(b)(i) of this section, the superintendent shall be guided	1207
by the principle that the jury or court in an action for wrongful	1208
death should be presented only with evidence as to the cost of	1209
annuities that are safe and desirable for the beneficiaries of	1210
such an action who are awarded compensatory damages under this	1211
section. In making such determinations, the superintendent shall	1212
consider the financial condition, general standing, operating	1213
results, profitability, leverage, liquidity, amount and soundness	1214
of reinsurance, adequacy of reserves, and the management of any	1215
insurance company in question and also may consider ratings,	1216
grades, and classifications of any nationally recognized rating	1217
services of insurance companies and any other factors relevant to	1218
the making of such determinations.	1219

(2) "Future damages" means damages that result from the	1220
wrongful death and that will accrue after the verdict or	1221
determination of liability by the jury or court is rendered in the	1222
action for wrongful death.	1223

(3) "Abandoned" means that a parent of a minor failed without	1224
justifiable cause to communicate with the minor, care for him the	1225
minor, and provide for his the maintenance or support of the minor	1226
as required by law or judicial decree for a period of at least one	1227
year immediately prior to the date of the death of the minor.	1228

(4) "Minor" means a person who is less than eighteen years of	1229
age.	1230

Sec. 2125.04.  In every action for wrongful death commenced	1231
or attempted to be commenced within the time specified by section	1232
2125.02 of the Revised Code, if a judgment for the plaintiff is	1233
reversed or if the plaintiff fails otherwise than upon the merits,	1234
and the time limited by such section for the commencement of such	1235
action has expired at the date of such reversal or failure, the	1236
plaintiff or, if he the plaintiff dies and the cause of action	1237
survives, his the personal representative of the plaintiff may	1238
commence a new action within one year after such date.	1239

Sec. 2305.01.  The court of common pleas has original	1240
jurisdiction in all civil cases in which the sum or matter in	1241
dispute exceeds the exclusive original jurisdiction of county	1242
courts and appellate jurisdiction from the decisions of boards of	1243
county commissioners.	1244

The court of common pleas may on its own motion transfer for	1245
trial any action in the court to any municipal court in the county	1246
having concurrent jurisdiction of the subject matter of, and the	1247
parties to, the action, if the amount sought by the plaintiff does	1248
not exceed one thousand dollars and if the judge or presiding	1249
judge of the municipal court concurs in the proposed transfer.	1250
Upon the issuance of an order of transfer, the clerk of courts	1251
shall remove to the designated municipal court the entire case	1252
file. Any untaxed portion of the common pleas deposit for court	1253
costs shall be remitted to the municipal court by the clerk of	1254
courts to be applied in accordance with section 1901.26 of the	1255
Revised Code, and the costs taxed by the municipal court shall be	1256
added to any costs taxed in the common pleas court.	1257

The court of common pleas has jurisdiction in any action	1258
brought pursuant to division (I) of section 3733.11 of the Revised	1259
Code if the residential premises that are the subject of the	1260
action are located within the territorial jurisdiction of the	1261
court.	1262

The courts of common pleas of Adams, Athens, Belmont, Brown,	1263
Clermont, Columbiana, Gallia, Hamilton, Jefferson, Lawrence,	1264
Meigs, Monroe, Scioto, and Washington counties have jurisdiction	1265
beyond the north or northwest shore of the Ohio river extending to	1266
the opposite shore line, between the extended boundary lines of	1267
any adjacent counties or adjacent state. Each of those courts of	1268
common pleas has concurrent jurisdiction on the Ohio river with	1269
any adjacent court of common pleas that borders on that river and	1270
with any court of Kentucky or of West Virginia that borders on the	1271
Ohio river and that has jurisdiction on the Ohio river under the	1272
law of Kentucky or the law of West Virginia, whichever is	1273
applicable, or under federal law.	1274

Sec. 2305.10.  An action for bodily injury or injuring	1275
personal property shall be brought within two years after the	1276
cause thereof arose.	1277

For purposes of this section, a cause of action for bodily	1278
injury caused by exposure to asbestos or to chromium in any of its	1279
chemical forms arises upon the date on which the plaintiff is	1280
informed by competent medical authority that he the plaintiff has	1281
been injured by such exposure, or upon the date on which, by the	1282
exercise of reasonable diligence, he the plaintiff should have	1283
become aware that he the plaintiff had been injured by the	1284
exposure, whichever date occurs first.	1285

For purposes of this section, a cause of action for bodily	1286
injury incurred by a veteran through exposure to chemical	1287
defoliants or herbicides or other causative agents, including	1288
agent orange, arises upon the date on which the plaintiff is	1289
informed by competent medical authority that he the plaintiff has	1290
been injured by such exposure.	1291

As used in this section, "agent orange," "causative agent,"	1292
and "veteran" have the same meanings as in section 5903.21 of the	1293
Revised Code.	1294

For purposes of this section, a cause of action for bodily	1295
injury which may be caused by exposure to diethylstilbestrol or	1296
other nonsteroidal synthetic estrogens, including exposure before	1297
birth, upon the date on which the plaintiff learns from a licensed	1298
physician that he the plaintiff has an injury which may be related	1299
to such exposure, or upon the date on which by the exercise of	1300
reasonable diligence he the plaintiff should have become aware	1301
that he the plaintiff has an injury which may be related to such	1302
exposure, whichever date occurs first.	1303

Sec. 2305.11.  (A) An action for libel, slander, malicious	1304
prosecution, or false imprisonment, an action for malpractice	1305
other than an action upon a medical, dental, optometric, or	1306
chiropractic claim, or an action upon a statute for a penalty or	1307
forfeiture shall be commenced within one year after the cause of	1308
action accrued, provided that an action by an employee for the	1309
payment of unpaid minimum wages, unpaid overtime compensation, or	1310
liquidated damages by reason of the nonpayment of minimum wages or	1311
overtime compensation shall be commenced within two years after	1312
the cause of action accrued.	1313

(B)(1) Subject to division (B)(2) of this section, an action	1314
upon a medical, dental, optometric, or chiropractic claim shall be	1315
commenced within one year after the cause of action accrued,	1316
except that, if prior to the expiration of that one-year period, a	1317
claimant who allegedly possesses a medical, dental, optometric, or	1318
chiropractic claim gives to the person who is the subject of that	1319
claim written notice that the claimant is considering bringing an	1320
action upon that claim, that action may be commenced against the	1321
person notified at any time within one hundred eighty days after	1322
the notice is so given.	1323

(2) Except as to persons within the age of minority or of	1324
unsound mind, as provided by section 2305.16 of the Revised Code:	1325

(a) In no event shall any action upon a medical, dental,	1326
optometric, or chiropractic claim be commenced more than four	1327
years after the occurrence of the act or omission constituting the	1328
alleged basis of the medical, dental, optometric, or chiropractic	1329
claim.	1330

(b) If an action upon a medical, dental, optometric, or	1331
chiropractic claim is not commenced within four years after the	1332
occurrence of the act or omission constituting the alleged basis	1333
of the medical, dental, optometric, or chiropractic claim, then,	1334
notwithstanding the time when the action is determined to accrue	1335
under division (B)(1) of this section, any action upon that claim	1336
is barred.	1337

(C) A civil action for unlawful abortion pursuant to section	1338
2919.12 of the Revised Code, a civil action authorized by division	1339
(H) of section 2317.56 of the Revised Code, a civil action	1340
pursuant to division (B)(1) or (2) of section 2307.51 of the	1341
Revised Code for performing a dilation and extraction procedure or	1342
attempting to perform a dilation and extraction procedure in	1343
violation of section 2919.15 of the Revised Code, and a civil	1344
action pursuant to division (B)(1) or (2) of section 2307.52 of	1345
the Revised Code for terminating or attempting to terminate a	1346
human pregnancy after viability in violation of division (A) or	1347
(B) of section 2919.17 of the Revised Code shall be commenced	1348
within one year after the performance or inducement of the	1349
abortion, within one year after the attempt to perform or induce	1350
the abortion in violation of division (A) or (B) of section	1351
2919.17 of the Revised Code, within one year after the performance	1352
of the dilation and extraction procedure, or, in the case of a	1353
civil action pursuant to division (B)(2) of section 2307.51 of the	1354
Revised Code, within one year after the attempt to perform the	1355
dilation and extraction procedure.	1356

(D) As used in this section:

1357

(1) "Hospital" includes any person, corporation, association,	1358
board, or authority that is responsible for the operation of any	1359
hospital licensed or registered in the state, including, but not	1360
limited to, those which are owned or operated by the state,	1361
political subdivisions, any person, any corporation, or any	1362
combination thereof. "Hospital" also includes any person,	1363
corporation, association, board, entity, or authority that is	1364
responsible for the operation of any clinic that employs a	1365
full-time staff of physicians practicing in more than one	1366
recognized medical specialty and rendering advice, diagnosis,	1367
care, and treatment to individuals. "Hospital" does not include	1368
any hospital operated by the government of the United States or	1369
any of its branches.	1370

(2) "Physician" means a person who is licensed to practice	1371
medicine and surgery or osteopathic medicine and surgery by the	1372
state medical board or a person who otherwise is authorized to	1373
practice medicine and surgery or osteopathic medicine and surgery	1374
in this state.	1375

(3) "Medical claim" means any claim that is asserted in any	1376
civil action against a physician, podiatrist, or hospital, against	1377
any employee or agent of a physician, podiatrist, or hospital, or	1378
against a registered nurse or physical therapist, and that arises	1379
out of the medical diagnosis, care, or treatment of any person.	1380
"Medical claim" includes derivative claims for relief that arise	1381
from the medical diagnosis, care, or treatment of a person.	1382

(4) "Podiatrist" means any person who is licensed to practice	1383
podiatric medicine and surgery by the state medical board.	1384

(5) "Dentist" means any person who is licensed to practice	1385
dentistry by the state dental board.	1386

(6) "Dental claim" means any claim that is asserted in any	1387
civil action against a dentist, or against any employee or agent	1388
of a dentist, and that arises out of a dental operation or the	1389
dental diagnosis, care, or treatment of any person. "Dental claim"	1390
includes derivative claims for relief that arise from a dental	1391
operation or the dental diagnosis, care, or treatment of a person.	1392

(7) "Derivative claims for relief" include, but are not	1393
limited to, claims of a parent, guardian, custodian, or spouse of	1394
an individual who was the subject of any medical diagnosis, care,	1395
or treatment, dental diagnosis, care, or treatment, dental	1396
operation, optometric diagnosis, care, or treatment, or	1397
chiropractic diagnosis, care, or treatment, that arise from that	1398
diagnosis, care, treatment, or operation, and that seek the	1399
recovery of damages for any of the following:	1400

(a) Loss of society, consortium, companionship, care,	1401
assistance, attention, protection, advice, guidance, counsel,	1402
instruction, training, or education, or any other intangible loss	1403
that was sustained by the parent, guardian, custodian, or spouse;	1404

(b) Expenditures of the parent, guardian, custodian, or	1405
spouse for medical, dental, optometric, or chiropractic care or	1406
treatment, for rehabilitation services, or for other care,	1407
treatment, services, products, or accommodations provided to the	1408
individual who was the subject of the medical diagnosis, care, or	1409
treatment, the dental diagnosis, care, or treatment, the dental	1410
operation, the optometric diagnosis, care, or treatment, or the	1411
chiropractic diagnosis, care, or treatment.	1412

(8) "Registered nurse" means any person who is licensed to	1413
practice nursing as a registered nurse by the state board of	1414
nursing.	1415

(9) "Chiropractic claim" means any claim that is asserted in	1416
any civil action against a chiropractor, or against any employee	1417
or agent of a chiropractor, and that arises out of the	1418
chiropractic diagnosis, care, or treatment of any person.	1419
"Chiropractic claim" includes derivative claims for relief that	1420
arise from the chiropractic diagnosis, care, or treatment of a	1421
person.	1422

(10) "Chiropractor" means any person who is licensed to	1423
practice chiropractic by the chiropractic examining board.	1424

(11) "Optometric claim" means any claim that is asserted in	1425
any civil action against an optometrist, or against any employee	1426
or agent of an optometrist, and that arises out of the optometric	1427
diagnosis, care, or treatment of any person. "Optometric claim"	1428
includes derivative claims for relief that arise from the	1429
optometric diagnosis, care, or treatment of a person.	1430

(12) "Optometrist" means any person licensed to practice	1431
optometry by the state board of optometry.	1432

(13) "Physical therapist" means any person who is licensed to	1433
practice physical therapy under Chapter 4755. of the Revised Code.	1434

Sec. 2305.16.  Unless otherwise provided in sections 1302.98,	1435
1304.35, and 2305.04 to 2305.14 of the Revised Code, if a person	1436
entitled to bring any action mentioned in those sections, unless	1437
for penalty or forfeiture, is, at the time the cause of action	1438
accrues, within the age of minority or of unsound mind, the person	1439
may bring it within the respective times limited by those	1440
sections, after the disability is removed. When the interests of	1441
two or more parties are joint and inseparable, the disability of	1442
one shall inure to the benefit of all.	1443

After the cause of action accrues, if the person entitled to	1444
bring the action becomes of unsound mind and is adjudicated as	1445
such by a court of competent jurisdiction or is confined in an	1446
institution or hospital under a diagnosed condition or disease	1447
which renders him the person of unsound mind, the time during	1448
which he the person is of unsound mind and so adjudicated or so	1449
confined shall not be computed as any part of the period within	1450
which the action must be brought.	1451

Sec. 2305.25.  (A) No health care entity hospital, no state	1452
or local society, and no individual who is a member of or works on	1453
behalf employee of any of the following boards or committees of a	1454
health care entity or of any of the following corporations shall	1455
be liable in damages to any person for any acts, omissions,	1456
decisions, or other conduct within the scope of the functions of	1457
the board, committee, or corporation:	1458

(1)(A) A peer utilization review committee, quality	1459
assurance, or tissue committee of a hospital or long-term care	1460
facility, a nonprofit health care corporation which is a member of	1461
the hospital or long-term care facility or of which the hospital	1462
or facility is a member, or a community mental health center;	1463

(2)(B) A board or committee of a hospital or long-term care	1464
facility or of a nonprofit health care corporation which is a	1465
member of the hospital or long-term care facility or of which the	1466
hospital or long-term care facility is a member reviewing	1467
professional qualifications or activities of the medical staff of	1468
the hospital or long-term care facility or applicants for	1469
admission to the medical staff;	1470

(3)(C) A utilization committee of a state or local society	1471
composed of doctors of medicine, doctors of osteopathic medicine,	1472
or doctors of podiatric medicine;	1473

(4)(D) A peer review committee, professional standards review	1474
committee, or arbitration committee of a state or local society	1475
composed of doctors of medicine, doctors of osteopathic medicine,	1476
doctors of dentistry, doctors of optometry, doctors of podiatric	1477
medicine, psychologists, or pharmacists;	1478

(5)(E) A peer review committee of a health insuring	1479
corporation that has at least a two-thirds majority of member	1480
physicians in active practice and that conducts professional	1481
credentialing and quality review activities involving the	1482
competence or professional conduct of health care providers, which	1483
conduct adversely affects, or could adversely affect, the health	1484
or welfare of any patient. For purposes of this division, "health	1485
insuring corporation" includes wholly owned subsidiaries of a	1486
health insuring corporation.	1487

(6)(F) A peer review committee of any insurer authorized	1488
under Title XXXIX of the Revised Code to do the business of	1489
sickness and accident insurance in this state that has at least a	1490
two-thirds majority of physicians in active practice and that	1491
conducts professional credentialing and quality review activities	1492
involving the competence or professional conduct of health care	1493
providers, which conduct adversely affects, or could adversely	1494
affect, the health or welfare of any patient;	1495

(7)(G) A peer review committee of any insurer authorized	1496
under Title XXXIX of the Revised Code to do the business of	1497
sickness and accident insurance in this state that has at least a	1498
two-thirds majority of physicians in active practice and that	1499
conducts professional credentialing and quality review activities	1500
involving the competence or professional conduct of a health care	1501
facility that has contracted with the insurer to provide health	1502
care services to insureds, which conduct adversely affects, or	1503
could adversely affect, the health or welfare of any patient;	1504

(8) A peer review committee of an insurer authorized under	1505
Title XXXIX of the Revised Code to do the business of medical	1506
professional liability insurance in this state and that conducts	1507
professional quality review activities involving the competence or	1508
professional conduct of health care providers, which conduct	1509
adversely affects, or could affect, the health or welfare of any	1510
patient;	1511

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

1512

(B)(1) A hospital shall be presumed to not be negligent in	1513
the credentialing of a qualified person if the hospital proves by	1514
a preponderance of the evidence that at the time of the alleged	1515
negligent credentialing of the qualified person it was accredited	1516
by the joint commission on accreditation of health care	1517
organizations, the American osteopathic association, or the	1518
national committee for quality assurance.	1519

(2) The presumption that a hospital is not negligent as	1520
provided in division (B)(1) of this section may be rebutted only	1521
by proof, by a preponderance of the evidence, of any of the	1522
following:	1523

(a) The credentialing and review requirements of the	1524
accrediting organization did not apply to the hospital, the	1525
qualified person, or the type of professional care that is the	1526
basis of the claim against the hospital.	1527

(b) The hospital failed to comply with all material	1528
credentialing and review requirements of the accrediting	1529
organization that applied to the qualified person.	1530

(c) The hospital, through its medical staff executive	1531
committee or its governing body and sufficiently in advance to	1532
take appropriate action, knew that a previously competent	1533
qualified person with staff privileges at the hospital had	1534
developed a pattern of incompetence that indicated that the	1535
qualified person's privileges should have been limited prior to	1536
treating the plaintiff at the hospital.	1537

(d) The hospital, through its medical staff executive	1538
committee or its governing body and sufficiently in advance to	1539
take appropriate action, knew that a previously competent	1540
qualified person with staff privileges at the hospital would	1541
provide fraudulent medical treatment but failed to limit the	1542
qualified person's privileges prior to treating the plaintiff at	1543
the hospital.	1544

(3) If the plaintiff fails to rebut the presumption provided	1545
in division (B)(1) of this section, upon the motion of the	1546
hospital, the court shall enter judgment in favor of the hospital	1547
on the claim of negligent credentialing.	1548

(C) Nothing in this section otherwise shall relieve any	1549
individual or health care entity hospital from liability arising	1550
from treatment of a patient or resident. Nothing in this section	1551
shall be construed as creating an exception to section 2305.251 of	1552
the Revised Code.	1553

This section shall also apply to any member or employee of a	1554
nonprofit corporation engaged in performing the functions of a	1555
peer review committee of nursing home providers or administrators	1556
or of a peer review or professional standards review committee.	1557

(D) No person who provides information under this section	1558
without malice and in the reasonable belief that the information	1559
is warranted by the facts known to the person shall be subject to	1560
suit for civil damages as a result of providing the information.	1561

(E) As used in this section:

1562

(1) "Peer review committee" means a utilization review	1563
committee, quality assurance committee, quality improvement	1564
committee, tissue committee, credentialing committee, or other	1565
committee that conducts professional credentialing and quality	1566
review activities involving the competence or professional conduct	1567
of health care practitioners.	1568

(2) "Health care entity" means a government entity, a	1569
for-profit or nonprofit corporation, a limited liability company,	1570
a partnership, a professional corporation, a state or local	1571
society as described in division (A)(3) of this section, or other	1572
health care organization, including, but not limited to, health	1573
care entities described in division (A) of this section, whether	1574
acting on its own behalf or on behalf of or in affiliation with	1575
other health care entities, that conducts, as part of its purpose,	1576
professional credentialing or quality review activities involving	1577
the competence or professional conduct of health care	1578
practitioners or providers.	1579

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

1580

(a) An institution that has been registered or licensed by	1581
the Ohio department of health as a hospital;	1582

(b) An entity, other than an insurance company authorized to	1583
do business in this state, that owns, controls, or is affiliated	1584
with an institution that has been registered or licensed by the	1585
Ohio department of health as a hospital.	1586

(4) "Qualified person" means a member of the medical staff of	1587
a hospital or a person who has professional privileges at a	1588
hospital pursuant to section 3701.351 of the Revised Code.	1589

(F) This section shall be considered to be purely remedial	1590
in its operation and shall be applied in a remedial manner in any	1591
civil action in which this section is relevant, whether the civil	1592
action is pending in court or commenced on or after the effective	1593
date of this section, regardless of when the cause of action	1594
accrued and notwithstanding any other section of the Revised Code	1595
or prior rule of law of this state.	1596

Sec. 2305.251.  Proceedings and records within the scope of	1597
the peer review or utilization review functions of all review	1598
boards, committees, or corporations described in section 2305.25	1599
of the Revised Code shall be held in confidence and shall not be	1600
subject to discovery or introduction in evidence in any civil	1601
action against a health care professional, a hospital, a long-term	1602
care facility, a not-for-profit health care corporation that is a	1603
member of a hospital or long-term care facility or of which a	1604
hospital or long-term care facility is a member, or another health	1605
care entity institution arising out of matters that are the	1606
subject of evaluation and review by the review board, committee,	1607
or corporation. No person in attendance at a meeting of a review	1608
board, committee, or corporation or serving as a member or	1609
employee of a review board, committee, or corporation shall be	1610
permitted or required to testify in any civil action as to any	1611
evidence or other matters produced or presented during the	1612
proceedings of the review board, committee, or corporation or as	1613
to any finding, recommendation, evaluation, opinion, or other	1614
action of the review board, committee, or corporation or a member	1615
or employee of it thereof. Information, documents, or records	1616
otherwise available from original sources are not to be construed	1617
as being unavailable for discovery or for use in any civil action	1618
merely because they were presented during proceedings of a review	1619
board, committee, or corporation, nor should any person testifying	1620
before a review board, committee, or corporation or who is a	1621
member or employee of the review board, committee, or corporation	1622
be prevented from testifying as to matters within the person's	1623
knowledge, but the witness cannot be asked about the witness's	1624
testimony before the review board, committee, or corporation or an	1625
opinion formed by the witness as a result of the review board,	1626
committee, or corporation hearing. An order by a court to produce	1627
for discovery or for use at trial the proceedings or records	1628
described in this section is a final order.	1629

Sec. 2305.27. Except as provided in section 2743.02 of the	1630
Revised Code, in any medical claim, as defined in division (D) of	1631
section 2305.11 of the Revised Code, an award of damages shall not	1632
be reduced by insurance proceeds or payments or other benefits	1633
paid under any insurance policy or contract where the premium or	1634
cost of such insurance policy or contract was paid either by or	1635
for the person who has obtained the award, or by his the person's	1636
employer, or both, or by direct payments from his the person's	1637
employer, but shall be reduced by any other collateral recovery	1638
for medical and hospital care, custodial care or rehabilitation	1639
services, and loss of earned income. Unless otherwise expressly	1640
provided by statute, a collateral source of indemnity shall not be	1641
subrogated to the claimant against a physician, podiatrist, or	1642
hospital.	1643

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

1644

(1) "Agency" has the same meaning as in section 2305.37 of	1645
the Revised Code.	1646

(2) "Donor" means an owner, lessee, renter, or operator of a	1647
farm or other real property who gives permission to a gleaner to	1648
enter the property to salvage free-of-charge food items remaining	1649
on the property for subsequent donations of the food items to, or	1650
subsequent distributions of the food items by, an agency or	1651
nonprofit organization.	1652

(3) "Gleaner" means any person that, with the permission of	1653
the owner, lessee, renter, or operator of a farm or other real	1654
property, enters the property to salvage free-of-charge food items	1655
remaining on the property for subsequent donations of the food	1656
items to, or subsequent distributions of the food items by, an	1657
agency or nonprofit organization.	1658

(4) "Hazard" means a risk of serious physical harm to persons	1659
or property.	1660

(5) "Nonprofit organization" means a corporation,	1661
association, group, institution, society, or other organization	1662
that is exempt from federal income taxation under section	1663
501(c)(3) of the "Internal Revenue Code of 1986," 100 Stat. 2085,	1664
26 U.S.C. 501(c)(3), as amended.	1665

(6) "Tort action" means a civil action for damages for	1666
injury, death, or loss to person or property. "Tort action"	1667
includes a product liability claim that is subject to sections	1668
2307.71 to 2307.80 of the Revised Code but does not include a	1669
civil action for damages for a breach of contract or another	1670
agreement between persons.	1671

(B)(1) Except as provided in division (B)(2) of this	1672
section, a donor is not liable in damages to any person in a tort	1673
action for injury, death, or loss to person or property sustained	1674
by a gleaner as a result of any of the following:	1675

(a) Any condition of the farm or other real property on	1676
which the gleaner is salvaging food items;	1677

(b) Any normal agricultural operations occurring on the farm	1678
or other real property on which the gleaner is salvaging food	1679
items;	1680

(c) Any risks of physical harm to persons or property	1681
involved in salvaging the food items the gleaner is salvaging.	1682

(2) The immunity described in division (B)(1) of this	1683
section does not apply to a donor in a tort action for injury,	1684
death, or loss to person or property sustained by a gleaner as a	1685
result of any condition, operations, or risks described in	1686
division (B)(1)(a), (b), or (c) of this section if the injury,	1687
death, or loss to person or property sustained by the gleaner was	1688
caused by any of the following actions or omissions:	1689

(a) An action or omission of the donor that constitutes	1690
negligence, if that negligence involves one or both of the	1691
following:	1692

(i) The failure of the donor to warn the gleaner of a hazard	1693
of which the donor had actual knowledge prior to the gleaner	1694
entering the property;	1695

(ii) The creation or enhancement of a hazard by the donor	1696
prior to the gleaner entering the property.	1697

(b) An action or omission of the donor that constitutes	1698
willful or wanton misconduct or intentionally tortious conduct;	1699

(c) An action or omission of an employee of the donor, a	1700
family member of the donor or another person associated with the	1701
donor that is imputable to the donor and that constitutes	1702
negligence, if that negligence involves one or both of the	1703
following:	1704

(i) The failure of the employee, family member, or other	1705
associated person to warn the gleaner of a hazard of which the	1706
employee, family member, or other associated person had actual	1707
knowledge prior to the gleaner entering the property;	1708

(ii) The creation or enhancement of a hazard by the	1709
employee, family member, or other associated person prior to the	1710
gleaner entering the property.	1711

(d) An action or omission of an employee of the donor, a	1712
family member of the donor, or another person associated with the	1713
donor, that is imputable to the donor and that constitutes willful	1714
or wanton misconduct.	1715

(C)(1) This section does not create a new cause of action or	1716
substantive legal right against donors.	1717

(2) This section does not affect any immunities from or	1718
defenses to tort liability established by another section of the	1719
Revised Code or available at common law, to which donors may be	1720
entitled under circumstances not covered by this section.	1721

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

1722

(1) "Agency" means any nonhospital, charitable nonprofit	1723
corporation that is organized and operated pursuant to Chapter	1724
1702. of the Revised Code and that satisfies both of the	1725
following, or any nonhospital, charitable association, group,	1726
institution, organization, or society that is not organized and	1727
not operated for profit and that satisfies both of the following:	1728

(a) It distributes perishable food, directly or indirectly,	1729
to individuals in need.	1730

(b) It does not charge or accept any form of compensation	1731
from the individuals in need for the distribution of the	1732
perishable food to them.	1733

(2) "Food service operation" has the same meaning as in	1734
section 3717.01 of the Revised Code.	1735

(3) "Food that is gleaned" means perishable food that	1736
remains on a farm or other real property and that the owner,	1737
lessee, renter, or operator of the property permits one or more	1738
persons to salvage free-of-charge for subsequent donation to one	1739
or more agencies.	1740

(4) "Harm" means injury, death, or loss to person or	1741
property.	1742

(5) "Hospital" has the same meaning as in section 2108.01,	1743
3701.01, or 5122.01 of the Revised Code.	1744

(6) "Individuals in need" means those persons who an agency	1745
determines are eligible to receive free distributions of	1746
perishable food because of poverty, illness, disability, infancy,	1747
or other conditions or circumstances that may result in persons	1748
having a need to receive free distributions of perishable food.	1749

(7) "Perishable food" means any food that may spoil or	1750
otherwise become unfit for human consumption because of its	1751
nature, age, or physical condition. "Perishable food" includes,	1752
but is not limited to, fresh meats, processed meats, poultry, fish	1753
and other seafood, dairy products, bakery products, eggs in the	1754
shell, fresh fruits, fresh vegetables, food that is gleaned, food	1755
that is packaged, refrigerated, or frozen, food that is canned,	1756
and prepared or other food that has not been served by a	1757
restaurant, cafeteria, hospital, hotel, caterer, or other food	1758
service operation to any customer, patient, or other person in the	1759
ordinary course of business, by a public or private school,	1760
college, university, or other educational institution to a student	1761
or another person on the premises in the ordinary course of the	1762
operation of the institution, or by a fraternal, veteran's, or	1763
other organization to its members or other persons on the premises	1764
in the ordinary course of the operation of the organization.	1765

(8) "Person" has the same meaning as in section 1.59 of the	1766
Revised Code and additionally includes governmental entities.	1767

(9) "Sale date" has the same meaning as in section 3715.171	1768
of the Revised Code.	1769

(10) "Tort action" means a civil action for damages for	1770
injury, death, or loss to person or property. "Tort action"	1771
includes a product liability claim that is subject to sections	1772
2307.71 to 2307.80 of the Revised Code but does not include a	1773
civil action for a breach of contract or another agreement between	1774
persons.	1775

(B) Notwithstanding Chapter 3715. of the Revised Code, a	1776
person who, in good faith, donates perishable food to an agency is	1777
not liable in damages in a tort action for harm that allegedly	1778
arises because that perishable food, when distributed by the	1779
agency or any other agency to a particular individual in need, is	1780
not fit for human consumption, if both of the following apply:	1781

(1) Prior to the donation of the perishable food to the	1782
agency, the person determines that the perishable food will be fit	1783
for human consumption at the time of its donation. A presumption	1784
favoring liability does not arise because the perishable food is	1785
donated to an agency on or after an applicable sale date.	1786

(2) The person does not make the determination that the	1787
perishable food will be fit for human consumption at the time of	1788
its donation to the agency in a manner that constitutes negligence	1789
or willful or wanton misconduct.	1790

(C)(1) This section does not create a new cause of action or	1791
substantive legal right against persons who donate perishable food	1792
to an agency.	1793

(2) This section does not affect any immunities from or	1794
defenses to tort liability established by another section of the	1795
Revised Code or available at common law to which persons who	1796
donate perishable food other than to agencies may be entitled.	1797

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

1798

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

1799

(a) Any charitable nonprofit corporation that is organized	1800
and operated pursuant to Chapter 1702. of the Revised Code,	1801
including, but not limited to, any such corporation whose articles	1802
of incorporation specify that it is organized and to be operated	1803
for an education-related purpose;	1804

(b) Any charitable association, group, institution, or	1805
society that is not organized and not operated for profit,	1806
including, but not limited to, any such association, group,	1807
institution, or society that is organized and operated for any	1808
education-related purpose.	1809

(2) "Compensation" does not include actual and necessary	1810
expenses that are incurred by a volunteer in connection with the	1811
services that he the volunteer performs for a charitable	1812
organization, and that are reimbursed to the volunteer or	1813
otherwise paid.	1814

(3) "Corporate services" means services that are performed by	1815
a volunteer who is associated with a charitable organization as	1816
defined in division (A)(1)(a) of this section and that reflect	1817
duties or responsibilities arising under Chapter 1702. of the	1818
Revised Code.	1819

(4) "Supervisory services" means services that are performed	1820
by a volunteer who is associated with a charitable organization as	1821
defined in division (A)(1)(a) or (b) of this section and that	1822
involve duties and responsibilities in connection with the	1823
supervision of one or more officers, employees, trustees, or other	1824
volunteers of that charitable organization.	1825

(5) "Volunteer" means an officer, trustee, or other person	1826
who performs services for a charitable organization but does not	1827
receive compensation, either directly or indirectly, for those	1828
services.	1829

(B) A volunteer is not liable in damages in a civil action	1830
for injury, death, or loss to persons person or property that	1831
arises from the actions or omissions of any of the officers,	1832
employees, trustees, or other volunteers of the charitable	1833
organization for which he the volunteer performs services, unless	1834
either of the following applies:	1835

(1) With prior knowledge of an action or omission of a	1836
particular officer, employee, trustee, or other volunteer, the	1837
volunteer authorizes, approves, or otherwise actively participates	1838
in that action or omission;.	1839

(2) After an action or omission of a particular officer,	1840
employee, trustee, or other volunteer, the volunteer, with full	1841
knowledge of that action or omission, ratifies it.	1842

(C) A volunteer is not liable in damages in a civil action	1843
for injury, death, or loss to persons person or property that	1844
arises from his the volunteer's actions or omissions in connection	1845
with any supervisory or corporate services that he the volunteer	1846
performs for the charitable organization, unless either of the	1847
following applies:	1848

(1) An action or omission of the volunteer involves conduct	1849
as described in division (B)(1) or (2) of this section;	1850

(2) An action or omission of the volunteer constitutes	1851
willful or wanton misconduct or intentionally tortious conduct.	1852

(D) A volunteer is not liable in damages in a civil action	1853
for injury, death, or loss to persons person or property that	1854
arises from his the volunteer's actions or omissions in connection	1855
with any nonsupervisory or noncorporate services that he the	1856
volunteer performs for the charitable organization, unless either	1857
of the following applies:	1858

(1) An action or omission of the volunteer involves conduct	1859
as described in division (B)(1) or (2) of this section;	1860

(2) An action or omission of the volunteer constitutes	1861
negligence, willful or wanton misconduct, or intentionally	1862
tortious conduct.	1863

(E)(1) This section does not create, and shall not be	1864
construed as creating, a new cause of action or substantive legal	1865
right against a volunteer.	1866

(2) This section does not affect, and shall not be construed	1867
as affecting, any immunities from civil liability or defenses	1868
established by another section of the Revised Code or available at	1869
common law, to which a volunteer may be entitled under	1870
circumstances not covered by this section. This section does not	1871
diminish in any respect the immunities provided in section 2305.25	1872
of the Revised Code. The immunities conferred upon volunteers in	1873
this section are not intended to affect the liability of a	1874
charitable organization in a civil action for injury, death, or	1875
loss to persons person or property.	1876

Sec. 2307.24.        Sec.  .        Sec. 2307.16.  A partnership formed for the purpose	1877
of carrying on a trade or business in this state, or holding	1878
property in this state, may sue or be sued by the usual or	1879
ordinary name which is that it has assumed, or by which it is	1880
known.	1881

Sec. 2307.27.        Sec.  .        Sec. 2307.17.  In an action for the recovery of real	1882
or personal property, a person claiming an interest in the	1883
property, on his application, may be made a party.	1884

Sec. 2307.30.        Sec.  .        Sec. 2307.18.  An A judicial officer against whom an	1885
action is brought to recover personal property taken by him the	1886
officer on execution, or for the proceeds of such property sold by	1887
him the officer, upon exhibiting to the court the process under	1888
which he the officer acted, with his the officer's affidavit that	1889
the property was taken or sold by him the officer under such	1890
process, may have the benefit of section 2307.29 of the Revised	1891
Code Civil Rule 22, against the party in whose favor the execution	1892
issued.	1893

Sec. 2307.31.  (A) Except as otherwise provided in this	1894
section or section 2307.32 of the Revised Code, if two or more	1895
persons are jointly and severally liable in tort for the same	1896
injury or loss to person or property or for the same wrongful	1897
death, there is a right of contribution among them even though	1898
judgment has not been recovered against all or any of them. The	1899
right of contribution exists only in favor of a tortfeasor who has	1900
paid more than his that tortfeasor's proportionate share of the	1901
common liability, and his that tortfeasor's total recovery is	1902
limited to the amount paid by him that tortfeasor in excess of his	1903
that tortfeasor's proportionate share. No tortfeasor is compelled	1904
to make contribution beyond his that tortfeasor's own	1905
proportionate share of the common liability. There is no right of	1906
contribution in favor of any tortfeasor who intentionally has	1907
caused or intentionally has contributed to the injury or loss to	1908
person or property or the wrongful death.	1909

(B) A tortfeasor who enters into a settlement with a	1910
claimant is not entitled recover contribution from another	1911
tortfeasor whose liability for the injury or loss to person or	1912
property or the wrongful death is not extinguished by the	1913
settlement, or in respect to any amount paid in a settlement which	1914
is in excess of what is reasonable.	1915

(C) A liability insurer that by payment has discharged in	1916
full or in part of the liability of a tortfeasor and has thereby	1917
discharged in full its obligation as insurer is subrogated to the	1918
tortfeasor's right of contribution to the extent of the amount it	1919
has paid in excess of the tortfeasor's proportionate share of the	1920
common liability. This division does not limit or impair any right	1921
of subrogation arising from any other relationship.	1922

(D) This section does not impair any right of indemnity	1923
under existing law. If one tortfeasor is entitled to indemnity	1924
from another, the right of the indemnity obligee is for indemnity	1925
and not contribution, and the indemnity obligor is not entitled to	1926
contribution from the obligee for any portion of his the indemnity	1927
obligation.	1928

(E) This section does not apply to breaches of trust or of	1929
other fiduciary obligations.	1930

(F) The proportionate shares of tortfeasors in the common	1931
liability shall be based upon their relative degrees of legal	1932
responsibility. If equity requires the collective liability of	1933
some as a group, the group shall constitute a single share, and	1934
prinicples of equity applicable to contribution generally shall	1935
apply.	1936

(G) Whether or not judgment has been entered in an action	1937
against two or more tortfeasors for the same injury or loss to	1938
person or property or for the same wrongful death, contribution	1939
may be enforced by separate action.	1940

(H) Whenever the provisions of the "Federal Tort Claims	1941
Act," 60 Stat. 842 (1946), 28 U.S.C. 2671 et seq., are applicable	1942
to a tort and the United States is held liable in tort, the United	1943
States shall have no right of contribution hereunder against the	1944
state pursuant to the waiver of sovereign immunity contained in	1945
Chapter 2743. of the Revised Code.	1946

Sec. 2307.32.  (A) If a judgment that imposes joint and	1947
several liability has been entered in an action against two or	1948
more tortfeasors for the same injury or loss to person or property	1949
or for the same wrongful death, contribution may be enforced in	1950
that action by judgment in favor of one against other judgment	1951
debtors, by motion, upon notice to all parties to the action.	1952

(B) If there is a judgment for the injury or loss to person	1953
or property or the wrongful death against the tortfeasor seeking	1954
contribution, any separate action by him that tortfeasor to	1955
enforce contribution shall be commenced within one year after the	1956
judgment has become final by lapse of time for appeal or after	1957
appellate review.	1958

(C) If there is no judgment for the injury or loss to person	1959
or property or the wrongful death against the tortfeasor seeking	1960
contribution, his that tortfeasor's right of contribution is	1961
barred unless he that tortfeasor either has discharged by payment	1962
the common liability within the statute of limitations period	1963
applicable to the claimant's right of action against him that	1964
tortfeasor and has commenced his that tortfeasor's action for	1965
contribution within one year after payment, or has agreed while an	1966
action is pending against him that tortfeasor to discharge the	1967
common liability and has within one year after the agreement paid	1968
the common liability and commenced his that tortfeasor's action	1969
for contribution.	1970

(D) The recovery of a judgment for an injury or loss to	1971
person or property or a wrongful death against one tortfeasor does	1972
not of itself discharge the other tortfeasors from liability for	1973
the injury, loss, or wrongful death unless the judgment is	1974
satisfied. The satisfaction of the judgment does not impair any	1975
right of contribution.	1976

(E) Valid answers to interrogatories by a jury or findings	1977
of fact by a court sitting without a jury in determining the	1978
liability of the several defendants for an injury or loss to	1979
person or property or a wrongful death shall be binding as among	1980
such defendants in determining their right to contribution.	1981

(F) When a release or a covenant not to sue or not to	1982
enforce judgment is given in good faith to one of two or more	1983
persons liable in tort for the same injury or loss to person or	1984
property or the same wrongful death, the following apply:	1985

(1) The release or covenant does not discharge any of the	1986
other tortfeasors from liability for the injury, loss, or wrongful	1987
death unless its terms otherwise provide, but it reduces the claim	1988
against the other tortfeasors to the extent of any amount	1989
stipulated by the release or the covenant, or in the amount of the	1990
consideration paid for it, whichever is the greater;.	1991

(2) The release or covenant discharges the tortfeasor to	1992
whom it is given from all liability for contribution to any other	1993
tortfeasor.	1994

Sec. 2307.33.  (A) Neither section 2307.31 nor 2307.32 of	1995
the Revised Code applies to a negligence claim to the extent that	1996
division (D) of section 2315.19 of the Revised Code makes a party	1997
against whom a judgment is entered liable to the complainant only	1998
for the proportionate share of that party as described in division	1999
(D)(1)(a) of that section.	2000

(B) Sections 2307.31 and 2307.32 of the Revised Code apply	2001
to a negligence claim if division (D) of section 2315.19 of the	2002
Revised Code is not applicable to that claim.	2003

Sec. 2307.60.  (A) Anyone injured in person or property by a	2004
criminal act has, and may recover full damages in, a civil action	2005
unless specifically excepted by law, may recover the costs of	2006
maintaining the civil action and attorney's fees if authorized by	2007
any provision of the Rules of Civil Procedure or another section	2008
of the Revised Code or under the common law of this state, and may	2009
recover punitive or exemplary damages if authorized by section	2010
2315.21 or another section of the Revised Code. A No record of a	2011
conviction, unless obtained by confession in open court, shall not	2012
be used as evidence in a civil action brought pursuant to division	2013
(A) of this section.	2014

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

2015

(a) "Harm" means injury, death, or loss to person or	2016
property.	2017

(b) "Tort action" means a civil action for damages for	2018
injury, death, or loss to person or property other than a civil	2019
action for damages for a breach of contract or another agreement	2020
between persons "Tort action" includes, but is not limited to, a	2021
product liability claim, an action for wrongful death under	2022
Chapter 2125. of the Revised Code, and an action based on	2023
derivative claims for relief.	2024

(2) Recovery on a claim for relief in a tort action is	2025
barred to any person or the person's legal representative if the	2026
person has been convicted of or has pleaded guilty to a felony, or	2027
to a misdemeanor that is an offense of violence, arising out of	2028
criminal conduct that was a proximate cause of the injury or loss	2029
for which relief is claimed in the action.	2030

(3) Division (B) of this section does not apply to civil	2031
claims based upon alleged intentionally tortious conduct, alleged	2032
violations of the United States Constitution, or alleged	2033
violations of statutes of the United States pertaining to civil	2034
rights.	2035

Sec. 2307.61.  (A) If a property owner brings a civil action	2036
pursuant to division (A) of section 2307.60 of the Revised Code to	2037
recover damages from any person who willfully damages the owner's	2038
property or who commits a theft offense, as defined in section	2039
2913.01 of the Revised Code, involving the owner's property, the	2040
property owner may recover as follows:	2041

(1) In the civil action, the property owner may elect to	2042
recover moneys as described in division (A)(1)(a) or (b) of this	2043
section:	2044

(a) Compensatory damages that may include, but are not	2045
limited to, the value of the property and liquidated damages in	2046
whichever of the following amounts applies:	2047

(i) Fifty dollars, if the value of the property was fifty	2048
dollars or less at the time it was willfully damaged or was the	2049
subject of a theft offense;	2050

(ii) One hundred dollars, if the value of the property was	2051
more than fifty dollars, but not more than one hundred dollars, at	2052
the time it was willfully damaged or was the subject of a theft	2053
offense;	2054

(iii) One hundred fifty dollars, if the value of the	2055
property was more than one hundred dollars at the time it was	2056
willfully damaged or was the subject of a theft offense.	2057

(b) Liquidated damages in whichever of the following amounts	2058
is greater:	2059

(i) Two hundred dollars;

2060

(ii) Three times the value of the property at the time it	2061
was willfully damaged or was the subject of a theft offense,	2062
irrespective of whether the property is recovered by way of	2063
replevin or otherwise, is destroyed or otherwise damaged, is	2064
modified or otherwise altered, or is resalable at its full market	2065
price. This division does not apply to a check, negotiable order	2066
of withdrawal, share draft, or other negotiable instrument that	2067
was returned or dishonored for insufficient funds by a financial	2068
institution if the check, negotiable order of withdrawal, share	2069
draft, or other negotiable instrument was presented by an	2070
individual borrower to a check-cashing business licensed pursuant	2071
to sections 1315.35 to 1315.44 of the Revised Code for a	2072
check-cashing loan transaction.	2073

(2) In a civil action in which the value of the property	2074
that was willfully damaged or was the subject of a theft offense	2075
is less than five thousand dollars, the property owner may recover	2076
damages as described in division (A)(1)(a) or (b) of this section	2077
and additionally may recover the reasonable administrative costs,	2078
if any, of the property owner that were incurred in connection	2079
with actions taken pursuant to division (A)(2) of this section,	2080
the cost of maintaining the civil action, and reasonable	2081
attorney's fees, if all of the following apply:	2082

(a) The property owner, at least thirty days prior to the	2083
filing of the civil action, serves a written demand for payment of	2084
moneys as described in division (A)(1)(a) of this section and the	2085
reasonable administrative costs, if any, of the property owner	2086
that have been incurred in connection with actions taken pursuant	2087
to division (A)(2) of this section, upon the person who willfully	2088
damaged the property or committed the theft offense.	2089

(b) The demand conforms to the requirements of division (C)	2090
of this section and is sent by certified mail, return receipt	2091
requested.	2092

(c) Either the person who willfully damaged the property or	2093
committed the theft offense does not make payment to the property	2094
owner of the amount specified in the demand within thirty days	2095
after the date of its service upon that person and does not enter	2096
into an agreement with the property owner during that thirty-day	2097
period for that payment or the person who willfully damaged the	2098
property or committed the theft offense enters into an agreement	2099
with the property owner during that thirty-day period for that	2100
payment but does not make that payment in accordance with the	2101
agreement.	2102

(B) If a property owner who brings a civil action pursuant	2103
to division (A) of section 2307.60 of the Revised Code to recover	2104
damages for willful damage to property or for a theft offense	2105
attempts to collect the reasonable administrative costs, if any,	2106
of the property owner that have been incurred in connection with	2107
actions taken pursuant to division (A)(2) of this section, the	2108
cost of maintaining the civil action, and reasonable attorney's	2109
fees under authority of that division and if the defendant	2110
prevails in the civil action, the defendant may recover from the	2111
property owner reasonable attorney's fees, the cost of defending	2112
the civil action, and any compensatory damages that may be proven.	2113

(C) For purposes of division (A)(2) of this section, a	2114
written demand for payment shall include a conspicuous notice to	2115
the person upon whom the demand is to be served that indicates all	2116
of the following:	2117

(1) The willful property damage or theft offense that the	2118
person allegedly committed;	2119

(2) That, if the person makes payment of the amount	2120
specified in the demand within thirty days after its service upon	2121
the person or enters into an agreement with the property owner	2122
during that thirty-day period for that payment and makes that	2123
payment in accordance with the agreement, the person cannot be	2124
sued by the property owner in a civil action in relation to the	2125
willful property damage or theft offense;	2126

(3) That, if the person fails to make payment of the amount	2127
specified in the demand within thirty days after the date of its	2128
service upon the person and fails to enter into an agreement for	2129
that payment with the property owner during that thirty-day period	2130
or enters into an agreement for that payment with the property	2131
owner during that thirty-day period but does not make that payment	2132
in accordance with the agreement, the person may be sued in a	2133
civil action in relation to the willful property damage or theft	2134
offense;	2135

(4) The potential judgment that the person may be required	2136
to pay if the person is sued in a civil action in relation to the	2137
willful property damage or theft offense and judgment is rendered	2138
against the person in that civil action;	2139

(5) That, if the person is sued in a civil action by the	2140
property owner in relation to the willful property damage or theft	2141
offense, if the civil action requests that the person be required	2142
to pay the reasonable administrative costs, if any, of the	2143
property owner that have been incurred in connection with actions	2144
taken pursuant to division (A)(2) of this section, the cost of	2145
maintaining the action, and reasonable attorney's fees, and if the	2146
person prevails in the civil action, the person may recover from	2147
the property owner reasonable attorney's fees, the cost of	2148
defending the action, and any compensatory damages that can be	2149
proved.	2150

(D) If a property owner whose property was willfully damaged	2151
or was the subject of a theft offense serves a written demand for	2152
payment upon a person who willfully damaged the property or	2153
committed the theft offense and if the person makes payment of the	2154
amount specified in the demand within thirty days after the date	2155
of its service upon the person or the person enters into an	2156
agreement with the property owner during that thirty-day period	2157
for that payment and makes payment in accordance with the	2158
agreement, the property owner shall not file a civil action	2159
against the person in relation to the willful property damage or	2160
theft offense.	2161

(E) If a property owner whose property was willfully damaged	2162
or was the subject of a theft offense serves a written demand for	2163
payment upon a person who willfully damaged the property or	2164
committed the theft offense and if the person, within thirty days	2165
after the date of service of the demand upon the person, enters	2166
into an agreement with the property owner for the payment of the	2167
amount specified in the demand but does not make that payment in	2168
accordance with the agreement, the time between the entering of	2169
the agreement and the failure to make that payment shall not be	2170
computed as any part of the period within which a civil action	2171
based on the willful property damage or theft offense must be	2172
brought under the Revised Code.	2173

(F) A civil action to recover damages for willful property	2174
damage or for a theft offense may be joined with a civil action	2175
that is brought pursuant to Chapter 2737. of the Revised Code to	2176
recover the property. If the two actions are joined, any	2177
compensatory damages recoverable by the property owner shall be	2178
limited to the value of the property.	2179

(G)(1) In a civil action to recover damages for willful	2180
property damage or for a theft offense, the trier of fact may	2181
determine that an owner's property was willfully damaged or that a	2182
theft offense involving the owner's property has been committed,	2183
whether or not any person has pleaded guilty to or has been	2184
convicted of any criminal offense or has been adjudicated a	2185
delinquent child in relation to any act involving the owner's	2186
property.	2187

(2) This section does not affect the prosecution of any	2188
criminal action or proceeding or any action to obtain a delinquent	2189
child adjudication in connection with willful property damage or a	2190
theft offense.	2191

(H) As used in this section:

2192

(1) "Administrative costs" includes the costs of written	2193
demands for payment and associated postage under division (A)(2)	2194
of this section.	2195

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

2196

(a) The retail value of any property that is offered for	2197
sale by a mercantile establishment, irrespective of whether the	2198
property is destroyed or otherwise damaged, is modified or	2199
otherwise altered, or otherwise is not resalable at its full	2200
market price;	2201

(b) The face value of any check or other negotiable	2202
instrument that is not honored due to insufficient funds in the	2203
drawer's account, the absence of any drawer's account, or another	2204
reason, and all charges imposed by a bank, savings and loan	2205
association, credit union, or other financial institution upon the	2206
holder of the check or other negotiable instrument;	2207

(c) The replacement value of any property not described in	2208
division (H)(1) or (2) of this section.	2209

Sec. 2307.71.  As used in sections 2307.71 to 2307.80 of the	2210
Revised Code:	2211

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

2212

(1) A person who asserts a product liability claim or on	2213
whose behalf such a claim is asserted;	2214

(2) If a product liability claim is asserted on behalf of	2215
the surviving spouse, children, parents, or other next of kin of a	2216
decedent or on behalf of the estate of a decedent, whether as a	2217
claim in a wrongful death action under Chapter 2125. of the	2218
Revised Code or as a survivorship claim, whichever of the	2219
following is appropriate:	2220

(a) The decedent, if the reference is to the person who	2221
allegedly sustained harm or economic loss for which, or in	2222
connection with which, compensatory damages or punitive or	2223
exemplary damages are sought to be recovered;	2224

(b) The personal representative of the decedent or the	2225
estate of the decedent, if the reference is to the person who is	2226
asserting or has asserted the product liability claim.	2227

(B) "Economic loss" means direct, incidental, or	2228
consequential pecuniary loss, including, but not limited to,	2229
damage to the product in question, and nonphysical damage to	2230
property other than that product. Harm is not "economic loss."	2231

(C) "Environment" means navigable waters, surface water,	2232
ground water, drinking water supplies, land surface, subsurface	2233
strata, and air.	2234

(D) "Ethical drug" means a prescription drug that is	2235
prescribed or dispensed by a physician or any other person who is	2236
legally authorized to prescribe or dispense a prescription drug.	2237

(E) "Ethical medical device" means a medical device that is	2238
prescribed, dispensed, or implanted by a physician or any other	2239
person who is legally authorized to prescribe, dispense, or	2240
implant a medical device and that is regulated under the "Federal	2241
Food, Drug, and Cosmetic Act," 52 Stat. 1040, 21 U.S.C. 301-392,	2242
as amended.	2243

(F) "Foreseeable risk" means a risk of harm that satisfies	2244
both of the following:	2245

(1) It is associated with an intended or reasonably	2246
foreseeable use, modification, or alteration of a product in	2247
question;	2248

(2) It is a risk that the manufacturer in question should	2249
recognize while exercising both of the following:	2250

(a) The attention, perception, memory, knowledge, and	2251
intelligence that a reasonable manufacturer should possess;	2252

(b) Any superior attention, perception, memory, knowledge,	2253
or intelligence that the manufacturer in question possesses.	2254

(G) "Harm" means death, physical injury to person, serious	2255
emotional distress, or physical damage to property other than the	2256
product in question. Economic loss is not "harm."	2257

(H) "Hazardous or toxic substances" include, but are not	2258
limited to, hazardous waste as defined in section 3734.01 of the	2259
Revised Code, hazardous waste as specified in the rules of the	2260
director of environmental protection pursuant to division (A) of	2261
section 3734.12 of the Revised Code, hazardous substances as	2262
defined in section 3716.01 of the Revised Code, and hazardous	2263
substances, pollutants, and contaminants as defined in or by	2264
regulations adopted pursuant to the "Comprehensive Environmental	2265
Response, Compensation, and Liability Act of 1980," 94 Stat. 2767,	2266
42 U.S.C. 9601, as amended.	2267

(I) "Manufacturer" means a person engaged in a business to	2268
design, formulate, produce, create, make, construct, assemble, or	2269
rebuild a product or a component of a product.	2270

(J) "Person" has the same meaning as in division (C) of	2271
section 1.59 of the Revised Code and also includes governmental	2272
entities.	2273

(K) "Physician" means a person who is licensed to practice	2274
medicine and surgery or osteopathic medicine and surgery by the	2275
state medical board.	2276

(L)(1) "Product" means, subject to division (L)(2) of this	2277
section, any object, substance, mixture, or raw material that	2278
constitutes tangible personal property and that satisfies all of	2279
the following:	2280

(a) It is capable of delivery itself, or as an assembled	2281
whole in a mixed or combined state, or as a component or	2282
ingredient;	2283

(b) It is produced, manufactured, or supplied for	2284
introduction into trade or commerce;	2285

(c) It is intended for sale or lease to persons for	2286
commercial or personal use.	2287

(2) "Product" does not include human tissue, blood, or	2288
organs.	2289

(M) "Product liability claim" means a claim that is asserted	2290
in a civil action and that seeks to recover compensatory damages	2291
from a manufacturer or supplier for death, physical injury to	2292
person, emotional distress, or physical damage to property other	2293
than the product in question, that allegedly arose from any of the	2294
following:	2295

(1) The design, formulation, production, construction,	2296
creation, assembly, rebuilding, testing, or marketing of that	2297
product;	2298

(2) Any warning or instruction, or lack of warning or	2299
instruction, associated with that product;	2300

(3) Any failure of that product to conform to any relevant	2301
representation or warranty.	2302

(N) "Representation" means an express representation of a	2303
material fact concerning the character, quality, or safety of a	2304
product.	2305

(O)(1) "Supplier" means, subject to division (O)(2) of this	2306
section, either of the following:	2307

(a) A person that, in the course of a business conducted for	2308
the purpose, sells, distributes, leases, prepares, blends,	2309
packages, labels, or otherwise participates in the placing of a	2310
product in the stream of commerce;	2311

(b) A person that, in the course of a business conducted for	2312
the purpose, installs, repairs, or maintains any aspect of a	2313
product that allegedly causes harm.	2314

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

2315

(a) A manufacturer;

2316

(b) A seller of real property;

2317

(c) A provider of professional services who, incidental to a	2318
professional transaction the essence of which is the furnishing of	2319
judgment, skill, or services, sells or uses a product;	2320

(d) Any person who acts only in a financial capacity with	2321
respect to the sale of a product, or who leases a product under a	2322
lease arrangement in which the selection, possession, maintenance,	2323
and operation of the product are controlled by a person other than	2324
the lessor.	2325

(P) "Unavoidably unsafe" means that, in the state of	2326
technical, scientific, and medical knowledge at the time a product	2327
in question left the control of its manufacturer, an aspect of	2328
that product was incapable of being made safe.	2329

Sec. 2307.72.  (A) Any recovery of compensatory damages	2330
based on a product liability claim is subject to sections 2307.71	2331
to 2307.79 of the Revised Code.	2332

(B) Any recovery of punitive or exemplary damages in	2333
connection with a product liability claim is subject to sections	2334
2307.71 to 2307.80 of the Revised Code.	2335

(C) Any recovery of compensatory damages for economic loss	2336
based on a claim that is asserted in a civil action, other than a	2337
product liability claim, is not subject to sections 2307.71 to	2338
2307.79 of the Revised Code, but may occur under the common law	2339
of this state or other applicable sections of the Revised Code.	2340

(D)(1) Sections 2307.71 to 2307.80 of the Revised Code do	2341
not supersede, modify, or otherwise affect any statute,	2342
regulation, or rule of this state or of the United States, or the	2343
common law of this state or of the United States, that relates to	2344
liability in compensatory damages or punitive or exemplary damages	2345
for injury, death, or loss to person or property, or to relief in	2346
the form of the abatement of a nuisance, civil penalties, cleanup	2347
costs, cost recovery, an injunction or temporary restraining	2348
order, or restitution, that arises, in whole or in part, from	2349
contamination or pollution of the environment or a threat of	2350
contamination or pollution of the environment, including	2351
contamination or pollution or a threat of contamination or	2352
pollution from hazardous or toxic substances.	2353

(2) Consistent with the Rules of Civil Procedure, in the	2354
same civil action against the same defendant or different	2355
defendants, a claimant may assert both of the following:	2356

(a) A product liability claim, including a claim for the	2357
recovery of punitive or exemplary damages in connection with a	2358
product liability claim;	2359

(b) A claim for the recovery of compensatory damages or	2360
punitive or exemplary damages for injury, death, or loss to person	2361
or property, or for relief in the form of the abatement of a	2362
nuisance, civil penalties, cleanup costs, cost recovery, an	2363
injunction or temporary restraining order, or restitution, that	2364
arises, in whole or in part, from contamination or pollution of	2365
the environment or a threat of contamination or pollution of the	2366
environment, including contamination or pollution or a threat of	2367
contamination or pollution from hazardous or toxic substances.	2368

Sec. 2307.73.  (A) A manufacturer is subject to liability	2369
for compensatory damages based on a product liability claim only	2370
if the claimant establishes, by a preponderance of the evidence,	2371
both of the following:	2372

(1) Subject to division (B) of this section, the product in	2373
question was defective in manufacture or construction as described	2374
in section 2307.74 of the Revised Code, was defective in design or	2375
formulation as described in section 2307.75 of the Revised Code,	2376
was defective due to inadequate warning or instruction as	2377
described in section 2307.76 of the Revised Code, or was defective	2378
because it did not conform to a representation made by its	2379
manufacturer as described in section 2307.77 of the Revised Code;	2380

(2) A defective aspect of the product in question as	2381
described in division (A)(1) of this section was a proximate cause	2382
of harm for which the claimant seeks to recover compensatory	2383
damages.	2384

(B) If a claimant is unable because a product in question	2385
was destroyed to establish by direct evidence that the product in	2386
question was defective or if a claimant otherwise is unable to	2387
establish by direct evidence that a product in question was	2388
defective, then, consistent with the Rules of Evidence, it shall	2389
be sufficient for the claimant to present circumstantial or other	2390
competent evidence that establishes, by a preponderance of the	2391
evidence, that the product in question was defective in any one of	2392
the four respects specified in division (A)(1) of this section.	2393

Sec. 2307.75.  (A) Subject to divisions (D), (E), and (F) of	2394
this section, a product is defective in design or formulation if	2395
either of the following applies:	2396

(1) When it left the control of its manufacturer, the	2397
foreseeable risks associated with its design or formulation as	2398
determined pursuant to division (B) of this section exceeded the	2399
benefits associated with that design or formulation as determined	2400
pursuant to division (C) of this section;	2401

(2) It is more dangerous than an ordinary consumer would	2402
expect when used in an intended or reasonably foreseeable manner.	2403

(B) The foreseeable risks associated with the design or	2404
formulation of a product shall be determined by considering	2405
factors including, but not limited to, the following:	2406

(1) The nature and magnitude of the risks of harm associated	2407
with that design or formulation in light of the intended and	2408
resonably reasonably foreseeable uses, modifications, or	2409
alterations of the product;	2410

(2) The likely awareness of product users, whether based on	2411
warnings, general knowledge, or otherwise, of those risks of harm;	2412

(3) The likelihood that that design or formulation would	2413
cause harm in light of the intended and reasonably foreseeable	2414
uses, modifications, or alterations of the product;	2415

(4) The extent to which that design or formulation conformed	2416
to any applicable public or private product standard that was in	2417
effect when the product left the control of its manufacturer.	2418

(C) The benefits associated with the design or formulation	2419
of a product shall be determined by considering factors including,	2420
but not limited to, the following:	2421

(1) The intended or actual utility of the product, including	2422
any performance or safety advantages associated with that design	2423
or formulation;	2424

(2) The technical and economic feasibility, when the product	2425
left the control of its manufacturer, of using an alternative	2426
design or formulation;	2427

(3) The nature and magnitude of any foreseeable risks	2428
associated with such an alternative design or formulation.	2429

(D) An ethical drug or ethical medical device is not	2430
defective in design or formulation because some aspect of it is	2431
unavoidably unsafe, if the manufacturer of the ethical drug or	2432
ethical medical device provides adequate warning and instruction	2433
under section 2307.76 of the Revised Code concerning that	2434
unavoidably unsafe aspect.	2435

(E) A product is not defective in design or formulation if	2436
the harm for which the claimant seeks to recover compensatory	2437
damages was caused by an inherent characteristic of the product	2438
which is a generic aspect of the product that cannot be eliminated	2439
without substantially compromising the product's usefulness or	2440
desirability and which is recognized by the ordinary person with	2441
the ordinary knowledge common to the community.	2442

(F) A product is not defective in design or formulation if,	2443
at the time the product left the control of its manufacturer, a	2444
practical and technically feasible alternative design or	2445
formulation was not available that would have prevented the harm	2446
for which the claimant seeks to recover compensatory damages	2447
without substantially impairing the usefulness or intended purpose	2448
of the product, unless the manufacturer acted unreasonably in	2449
introducing the product into trade or commerce.	2450

Sec. 2307.78.  (A) Subject to division (B) of this section,	2451
a supplier is subject to liability for compensatory damages based	2452
on a product liability claim only if the claimant establishes, by	2453
a preponderance of the evidence, that either of the following	2454
applies:	2455

(1) The supplier in question was negligent and that,	2456
negligence was a proximate cause of harm for which the claimant	2457
seeks to recover compensatory damages;	2458

(2) The product in question did not conform, when it left	2459
the control of the supplier in question, to a representation made	2460
by that supplier, and that representation and the failure to	2461
conform to it were a proximate cause of harm for which the	2462
claimant seeks to recover compensatory damages. A supplier is	2463
subject to liability for such a representation and the failure to	2464
conform to it even though the supplier did not act fraudulently,	2465
recklessly, or negligently in making the representation.	2466

(B) A supplier of a product is subject to liability for	2467
compensatory damages based on a product liability claim under	2468
sections 2307.71 to 2307.77 of the Revised Code, as if it were the	2469
manufacturer of that product, if the manufacturer of that product	2470
is or would be subject to liability for compensatory damages based	2471
on a product liability claim under sections 2307.71 to 2307.77 of	2472
the Revised Code and any of the following applies:	2473

(1) The manufacturer of that product is not subject to	2474
judicial process in this state;	2475

(2) The claimant will be unable to enforce a judgment	2476
against the manufacturer of that product due to actual or asserted	2477
insolvency of the manufacturer;	2478

(3) The supplier in question owns or, when it supplied that	2479
product, owned, in whole or in part, the manufacturer of that	2480
product;	2481

(4) The supplier in question is owned or, when it supplied	2482
that product, was owned, in whole or in part, by the manufacturer	2483
of that product;	2484

(5) The supplier in question created or furnished a	2485
manufacturer with the design or formulation that was used to	2486
produce, create, make, construct, assemble, or rebuild that	2487
product or a component of that product;	2488

(6) The supplier in question altered, modified, or failed to	2489
maintain that product after it came into the possession of, and	2490
before it left the possession of, the supplier in question, and	2491
the alteration, modification, or failure to maintain that product	2492
rendered it defective;	2493

(7) The supplier in question marketed that product under its	2494
own label or trade name;	2495

(8) The supplier in question failed to respond timely and	2496
reasonably to a written request by or on behalf of the claimant to	2497
disclose to the claimant the name and address of the manufacturer	2498
of that product.	2499

Sec. 2307.80.  (A) Subject to division (C) of this section,	2500
punitive or exemplary damages shall not be awarded against a	2501
manufacturer or supplier in question in connection with a product	2502
liability claim unless the claimant establishes, by clear and	2503
convincing evidence, that harm for which he the claimant is	2504
entitled to recover compensatory damages in accordance with	2505
section 2307.73 or 2307.78 of the Revised Code was the result of	2506
misconduct of the manufacturer or supplier in question that	2507
manifested a flagrant disregard of the safety of persons who might	2508
be harmed by the product in question. The fact by itself that a	2509
product is defective does not establish a flagrant disregard of	2510
the safety of persons who might be harmed by that product.	2511

(B) Whether the trier of fact is a jury or the court, if the	2512
trier of fact determines that a manufacturer or supplier in	2513
question is liable for punitive or exemplary damages in connection	2514
with a product liability claim, the amount of those damages shall	2515
be determined by the court. In determining the amount of punitive	2516
or exemplary damages, the court shall consider factors including,	2517
but not limited to, the following:	2518

(1) The likelihood that serious harm would arise from the	2519
misconduct of the manufacturer or supplier in question;	2520

(2) The degree of the awareness of the manufacturer or	2521
supplier in question of that likelihood;	2522

(3) The profitability of the misconduct to the manufacturer	2523
or supplier in question;	2524

(4) The duration of the misconduct and any concealment of it	2525
by the manufacturer or supplier in question;	2526

(5) The attitude and conduct of the manufacturer or supplier	2527
in question upon the discovery of the misconduct and whether the	2528
misconduct has terminated;	2529

(6) The financial condition of the manufacturer or supplier	2530
in question;	2531

(7) The total effect of other punishment imposed or likely	2532
to be imposed upon the manufacturer or supplier in question as a	2533
result of the misconduct, including awards of punitive or	2534
exemplary damages to persons similarly situated to the claimant	2535
and the severity of criminal penalties to which the manufacturer	2536
or supplier in question has been or is likely to be subjected.	2537

(C) If a claimant alleges in a product liability claim that a	2538
drug caused harm to him the claimant, the manufacturer of the drug	2539
shall not be liable for punitive or exemplary damages in	2540
connection with that product liability claim if the drug that	2541
allegedly caused the harm was manufactured and labeled in relevant	2542
and material respects in accordance with the terms of an approval	2543
or license issued by the federal food and drug administration	2544
under the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040	2545
(1938), 21 U.S.C. 301-392, as amended, or the "Public Health	2546
Service Act," 58 Stat. 682 (1944), 42 U.S.C. 201-300cc-15, as	2547
amended, unless it is established by a preponderance of the	2548
evidence, that the manufacturer fraudulently and in violation of	2549
applicable regulations of the food and drug administration	2550
withheld from the food and drug administration information known	2551
to be material and relevant to the harm that the claimant	2552
allegedly suffered or misrepresented to the food and drug	2553
administration information of that type. For purposes of this	2554
division, "drug" has the meaning given to that term in section	2555
1201(g)(1) of the "Federal Food, Drug, and Cosmetic Act," 52 Stat.	2556
1040, 1041 (1938), 21 U.S.C. 301-392 321(g)(1), as amended.	2557

Sec. 2315.01.  When the jury is sworn, unless for special	2558
reasons the court otherwise directs, the trial shall proceed in	2559
the following order except as provided in section 2315.02 of the	2560
Revised Code:	2561

(A) The plaintiff concisely must state his the plaintiff's	2562
claim, and briefly may state his the plaintiff's evidence to	2563
sustain it.	2564

(B) The defendant must then briefly state his the	2565
defendant's defense, and briefly may state his the defendant's	2566
evidence in support of it.	2567

(C) The party who would be defeated if no evidence were	2568
offered on either side, first, must produce his that party's	2569
evidence, and the adverse party must then produce his the adverse	2570
party's evidence.	2571

(D) The parties then shall be confined to rebutting	2572
evidence, unless the court for good reasons, in the furtherance of	2573
justice, permits them to offer evidence in their original cases.	2574

(E) When the evidence is concluded, either party may present	2575
written instructions to the court on matters of law and request	2576
them to be given to the jury, which instructions shall be given or	2577
refused by the court before the argument to the jury is commenced.	2578

(F) The parties then may submit or argue the case to the	2579
jury. The party required first to produce his that party's	2580
evidence shall have the opening and closing arguments. If several	2581
defendants, having separate defenses, appear by different counsel,	2582
the court shall arrange their relative order.	2583

(G) The court, after the argument is concluded, before	2584
proceeding with other business, shall charge the jury. Any charge	2585
shall be reduced to writing by the court if either party, before	2586
the argument to the jury is commenced, requests it. Such charge	2587
may be examined by the parties before any closing argument is	2588
made by any of the parties. A charge or instruction, when so	2589
written and given, shall not be orally qualified, modified, or in	2590
any manner explained to the jury by the court. All written	2591
charges and instructions shall be taken by the jurors in their	2592
retirement, returned with their verdict into court, and shall	2593
remain on file with the papers of the case.	2594

Sec. 2313.46.  Sections 2313.01 to 2313.46, inclusive, and	2595
2315.01 to 2315.24, inclusive, Chapter 2315. of the Revised Code	2596
do not contravene or affect any section of the Revised Code	2597
relating to jurors in the inferior courts in any county of the	2598
state.	2599

Sec. 2315.07.        Sec.  .        Sec. 2315.05.  Because of the sickness of a juror, or	2600
an accident or calamity which requires it, or with the consent of	2601
both parties, or after jurors have been kept together until it	2602
satisfactorily appears that there is no probability of their	2603
agreeing, the court may discharge the jury.	2604

Sec. 2315.08.        Sec.  .        Sec. 2315.06.  When the jury is discharged during a	2605
trial or after a cause is submitted, such cause may at once be	2606
tried again, or on a future day, as the court directs.	2607

Sec. 2315.18.        Sec.  .        Sec. 2315.07.  Except as otherwise provided in this	2608
section, when by the verdict in a civil action tried to a jury any	2609
party in the action is entitled to recover money from an adverse	2610
party, the jury shall determine the amount of the recovery in its	2611
verdict. A jury shall not determine the amount of punitive or	2612
exemplary damages recoverable by a party in a tort action pursuant	2613
to section 2315.21 or another section of the Revised Code except	2614
as provided in division (D)(5) of section 2315.21 of the Revised	2615
Code.	2616

As used in this section, "tort action" has the same meaning	2617
as in section 2315.21 of the Revised Code.	2618

Sec. 2315.23.        Sec.  .        Sec. 2315.08.  So far as in their nature applicable,	2619
sections 2315.01 to 2315.19, inclusive, of the Revised Code,	2620
respecting trials by jury, apply to trials by the court.	2621

Sec. 2315.24.        Sec.  .        Sec. 2315.09.  Parties to a question which that might	2622
be the subject of a civil action, on filing an affidavit that the	2623
controversy is real and the proceeding in good faith to determine	2624
their rights, may agree upon a case containing the facts upon	2625
which the controversy depends and present a submission of it to	2626
any court of competent jurisdiction, which. The court shall hear	2627
and determine the case and render judgment as if an action were	2628
pending.	2629

The case, the submission, and the judgment constitutes the	2630
record of a question submitted under this section.	2631

Such judgment shall be with costs, may be enforced, and shall	2632
be subject to reversal, in like manner, as if it were rendered in	2633
an action, unless otherwise provided in the submission.	2634

Sec. 2315.19.  (A)(1) Contributory negligence or implied	2635
assumption of the risk of the complainant or of the person for	2636
whom the complainant is legal representative may be asserted as an	2637
affirmative defense to a negligence claim.	2638

(2) Contributory negligence or implied assumption of the	2639
risk of a person does not bar the person or his the person's legal	2640
representative as complainant from recovering damages that have	2641
directly and proximately resulted from the negligence of one or	2642
more other persons, if the contributory negligence or implied	2643
assumption of the risk of the complainant or of the person for	2644
whom he the complainant is legal representative was no greater	2645
than the combined negligence of all other persons from whom the	2646
complainant seeks recovery. However, any compensatory damages	2647
recoverable by the complainant shall be diminished by an amount	2648
that is proportionately equal to the percentage of negligence or	2649
implied assumption of the risk of the complainant or of the person	2650
for whom he the complainant is legal representative, which	2651
percentage is determined pursuant to division (B) of this section.	2652
This section does not apply to actions described in section	2653
4113.03 of the Revised Code.	2654

(B) If contributory negligence or implied assumption of the	2655
risk is asserted and established as an affirmative defense to a	2656
negligence claim, the court in a nonjury action shall make	2657
findings of fact, and the jury in a jury action shall return a	2658
general verdict accompanied by answers to interrogatories, that	2659
shall specify the following:	2660

(1) The total amount of the compensatory damages that would	2661
have been recoverable on that negligence claim but for the	2662
negligence or implied assumption of the risk of the complainant or	2663
the person for whom he the complainant is legal representative;	2664

(2) The portion of the compensatory damages specified under	2665
division (B)(1) of this section that represents economic loss;	2666

(3) The portion of the compensatory damages specified under	2667
division (B)(1) of this section that represents noneconomic loss;	2668

(4) The percentage of negligenc or implied assumption of the	2669
risk that directly and proximately caused the injury, death, or	2670
loss to person or property, in relation to one hundred per cent,	2671
that is attributable to the complainant or the person for whom he	2672
is legal representative, and the percentage of negligence that	2673
directly and proximately caused the injury, death, or loss to	2674
person or property, in relation to one hundred per cent, that is	2675
attributable to each party to the action from whom the complainant	2676
seeks recovery. If the court or jury must determine percentages	2677
of negligence under this division for two or more parties from	2678
whom the complainant seeks recovery and an issue of vicarious	2679
liability, including, but not limited to, liability of a principal	2680
or master for the negligent actions or omissions of an agent or	2681
servant, exists relative to those parties, then, for purposes of	2682
determining such percentages, the court in a nonjury action shall	2683
determine, or the jury in a jury action pursuant to an instruction	2684
from the court shall determine, that the parties in question are	2685
to be treated as a single party to the extent that any vicarious	2686
liability is determined to exist relative to those parties.	2687

(C) After the court makes its findings of fact or after the	2688
jury returns its general verdict accompanied by answers to	2689
interrogatories as described in division (B) of this section, the	2690
court shall diminish the total amount of the compensatory damages	2691
that would have been recoverable by an amount that is	2692
proportionately equal to the percentage of negligence or implied	2693
assumption of the risk that is attributable to the complainant or	2694
the person for whom he the complainant is legal representative,	2695
which percentage was determined pursuant to division (B) of this	2696
section. If the percentage of the negligence or implied	2697
assumption of the risk that is attributable to the complainant or	2698
the person for whom he the complainant is legal representative is	2699
greater than the total of the percentages of the negligence that	2700
is attributable to all parties from whom the complainant seeks	2701
recovery, which percentages were determined pursuant to division	2702
(B) of this section, the court shall enter judgment in favor of	2703
those parties.	2704

(D)(1) If contributory negligence or implied assumption of	2705
the risk is asserted as an affirmative defense to a negligence	2706
claim, if it is determined that the complainant or the person for	2707
whom he the complainant is legal representative was contributorily	2708
negligent or impliedly assumed a risk and that such contributory	2709
negligence or implied assumption of the risk was a direct and	2710
proximate cause of the injury, death, or loss to person or	2711
property in question, and if the complainant is entitled to	2712
recover compensatory damages pursuant to this section from more	2713
than one party, then, after it makes findings of fact or after the	2714
jury returns its general verdict accompanied by answers to	2715
interrogatories as described in division (B) of this section, the	2716
court shall enter a judgment that is in favor of the complainant	2717
and that states all of the following:	2718

(a) Proportionate shares of the portion of the compensatory	2719
damages that represents noneconomic loss for each party against	2720
whom the judgment is entered and for the complainant or the person	2721
for whom he is legal representative, which shares shall be	2722
computed by multiplying the portion of the compensatory damages	2723
that represents noneconomic loss as determined pursuant to	2724
division (B)(3) of this section by the respective percentages of	2725
negligence or implied assumption of the risk as determined	2726
pursuant to division (B)(4) of this section;	2727

(b) In relation to the portion of the compensatory damages	2728
that represents noneconomic loss as determined pursuant to	2729
division (B)(3) of this section, each party against whom the	2730
judgment is entered is liable to the complainant only for the	2731
proportionate share of that party as described in division	2732
(D)(1)(a) of this section;	2733

(c) In relation to the portion of the compensatory damages	2734
that represents economic loss as determined pursuant to division	2735
(B)(2) of this section, each party against whom the judgment is	2736
entered is jointly and severally liable to the complainant for the	2737
entire amount of economic loss for which the complainant is	2738
entitled to judgment as determined pursuant to divisions (B)(2)	2739
and (C) of this section.	2740

(2) Sections 2307.31 and 2307.32 of the Revised Code apply	2741
in relation to the portion of the compensatory damages that	2742
represents economic loss and for which joint and several liability	2743
attaches under division (D)(1)(c) of this section.	2744

(E) As used in this section:

2745

(1) "Economic loss" means any of the following types of	2746
pecuniary harm:	2747

(a) All wages, salaries, or other compensation lost as a	2748
result of an injury, death, or loss to person or property that is	2749
a subject of a negligence claim;	2750

(b) All expenditures for medical care or treatment,	2751
rehabilitation services, or other care, treatment, services,	2752
products, or accommodations as a result of an injury, death, or	2753
loss to person or property that is a subject of a negligence	2754
claim;	2755

(c) Any other expenditures incurred as a result of an	2756
injury, death, or loss to person or property that is a subject of	2757
a negligence claim.	2758

(2) "Negligence claim" means a civil action for damages for	2759
injury, death, or loss to person or property to the extent that	2760
such damages are sought or recovered based on allegation or proof	2761
of negligence.	2762

(3) "Noneconomic loss" means nonpecuniary harm that results	2763
from an injury, death, or loss to person or property that is a	2764
subject of a negligence claim, including, but not limited to, pain	2765
and suffering, loss of society, consortium, companionship, care,	2766
assistance, attention, protection, advice, guidance, counsel,	2767
instruction, training, or education, mental anguish, and any other	2768
intangible loss.	2769

Sec. 2315.20.  (A) As used in this section, "claimant,"	2770
"harm," "product liability claim," and "supplier" have the same	2771
meanings as in section 2307.71 of the Revised Code.	2772

(B)(1) Express or implied assumption of the risk may be	2773
asserted as an affirmative defense to a product liability claim	2774
under sections 2307.71 to 2307.80 of the Revised Code.	2775

(2) Subject to division (B)(3) of this section, if express	2776
or implied assumption of the risk is asserted as an affirmative	2777
defense to a product liability claim under sections 2307.71 to	2778
2307.80 of the Revised Code and if it is determined that the	2779
claimant expressly or impliedly assumed a risk and that such	2780
express or implied assumption of the risk was a direct and	2781
proximate cause of harm for which the claimant seeks to recover	2782
damages, the express or implied assumption of the risk is a	2783
complete bar to the recovery of those damages.	2784

(3) If implied assumption of the risk is asserted as an	2785
affirmative defense to a product liability claim against a	2786
supplier under division (A)(1) of section 2307.78 of the Revised	2787
Code, section 2315.19 of the Revised Code is applicable to that	2788
affirmative defense and shall be used to determine whether the	2789
claimant is entitled to recover compensatory damages based on that	2790
claim and the amount of any recoverable compensatory damages.	2791

(C)(1) Except as provided in division (C)(2) of this	2792
section, contributory negligence is not an affirmative defense to	2793
a product liability claim under sections 2307.71 to 2307.80 of the	2794
Revised Code.	2795

(2) Contributory negligence may be asserted as an	2796
affirmative defense to a product liability claim against a	2797
supplier under division (A)(1) of section 2307.78 of the Revised	2798
Code. If contributory negligence is asserted as an affirmative	2799
defense to such a product liability claim, section 2315.19 of the	2800
Revised Code is applicable to that affirmative defense and shall	2801
be used to determine whether the claimant is entitled to recover	2802
compensatory damages based on that claim and the amount of any	2803
recoverable compensatory damages.	2804

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

2805

(1) "Tort action" means a civil action for damages for injury	2806
person or property. "Tort action" includes a product liability	2807
claim for damages for injury or loss to person or property that is	2808
subject to sections 2307.71 to 2307.80 of the Revised Code, but	2809
does not include a civil action for damages for a breach of	2810
contract or another agreement between persons.	2811

(2) "Trier of fact" means the jury or, in a nonjury action,	2812
the court.	2813

(B) Subject to division (D) of this section, punitive or	2814
exemplary damages are not recoverable from a defendant in question	2815
in a tort action unless both of the following apply:	2816

(1) The actions or omissions of that defendant demonstrate	2817
malice, aggravated or egregious fraud, oppression, or insult, or	2818
that defendant as principal or master authorized, participated in,	2819
or ratified actions or omissions of an agent or servant that so	2820
demonstrate;	2821

(2) The plaintiff in question has adduced proof of actual	2822
damages that resulted from actions or omissions as described in	2823
division (B)(1) of this section.	2824

(C)(1) In a tort action, the trier of fact shall determine	2825
the liability of any defendant for punitive or exemplary damages.	2826

(2) In a tort action, whether the trier of fact is a jury or	2827
the court, if the trier of fact determines that any defendant is	2828
liable for punitive or exemplary damages, the amount of those	2829
damages shall be determined by the court.	2830

(3) In a tort action, the burden of proof shall be upon a	2831
plaintiff in question, by clear and convincing evidence, to	2832
establish that he the plaintiff is entitled to recover punitive or	2833
exemplary damages.	2834

(D) This section does not apply to tort actions against the	2835
state in the court of claims or to the extent that another section	2836
of the Revised Code expressly provides any of the following:	2837

(1) Punitive or exemplary damages are recoverable from a	2838
defendant in question in a tort action on a basis other than that	2839
the actions or omissions of that defendant demonstrate malice,	2840
aggravated or egregious fraud, oppression, or insult, or on a	2841
basis other than that the defendant in question as principal or	2842
master authorized, participated in, or ratified actions or	2843
omissions of an agent or servant that so demonstrate;	2844

(2) Punitive or exemplary damages are recoverable from a	2845
defendant in question in a tort action irrespective of whether the	2846
plaintiff in question has adduced proof of actual damages;	2847

(3) The burden of proof upon a plaintiff in question to	2848
recover punitive or exemplary damages from a defendant in question	2849
in a tort action is one other than clear and convincing evidence;	2850

(4) Punitive or exemplary damages are not recoverable from a	2851
defendant in question in a tort action;	2852

(5) The amount of punitive or exemplary damages awarded	2853
against a defendant in question in a tort action may be determined	2854
by a jury as the trier of fact.	2855

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

2856

(1) "Annuity" means an annuity that would be purchased from	2857
either of the following types of insurance companies:	2858

(a) An insurance company that the A.M. Best Company, in its	2859
most recently published rating guide of life insurance companies,	2860
has rated A or better and has rated XII or higher as to financial	2861
size or strength;	2862

(b)(i) An insurance company that the superintendent of	2863
insurance, under rules adopted pursuant to Chapter 119. of the	2864
Revised Code for purposes of implementing this division,	2865
determines is licensed to do business in this state and,	2866
considering the factors described in division (A)(1)(b)(ii) of	2867
this section, is a stable insurance company that issues annuities	2868
that are safe and desirable;	2869

(ii) In making determinations as described in division	2870
(A)(1)(b)(i) of this section, the superintendent shall be guided	2871
by the principle that the trier of fact in a tort action should be	2872
presented only with evidence as to the cost of annuities that are	2873
safe and desirable for the plaintiffs in such an action who are	2874
awarded damages. In making such determinations, the	2875
superintendent shall consider the financial condition, general	2876
standing, operating results, profitability, leverage, liquidity,	2877
amount and soundness of reinsurance, adequacy of reserves, and the	2878
management of any insurance company in question and also may	2879
consider ratings, grades, and classifications of any nationally	2880
recognized rating services of insurance companies and any other	2881
factors relevant to the making of such determinations.	2882

(2) "Future damages" means damages that result from an injury	2883
or loss to person or property that is a subject of a tort action	2884
and that will accrue after the verdict or determination of	2885
liability by the trier of fact is rendered in that tort action.	2886

(3) "Tort action" means a civil action for damages for injury	2887
or loss to person or property. "Tort action" includes a product	2888
liability claim that is subject to sections 2307.71 to 2307.80 of	2889
the Revised Code, but does not include a civil action for damages	2890
for a breach of contract or another agreement between persons.	2891

(4) "Trier of fact" means the jury or, in a nonjury action,	2892
the court.	2893

(B) Consistent with the Rules of Evidence, any party to a	2894
tort action may present evidence of the cost of an annuity in	2895
connection with any issue of recoverable future damages. If such	2896
evidence is presented, then the trier of fact may consider that	2897
evidence in determining the future damages suffered by reason of	2898
an injury or loss to person or property that is a subject of the	2899
tort action. If such evidence is presented, the present value in	2900
dollars of any annuity is its cost.	2901

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

2902

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

2903

(a) The filing of a civil action, the assertion of a claim,	2904
defense, or other position in connection with a civil action, or	2905
the taking of any other action in connection with a civil action;	2906

(b) The filing by an inmate of a civil action or appeal	2907
against a government entity or employee, the assertion of a claim,	2908
defense or other position in connection with a civil action of	2909
that nature or the assertion of issues of law in an appeal of that	2910
nature, or the taking of any other action in connection with a	2911
civil action or appeal of that nature.	2912

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

2913

(a) Conduct of an inmate or other party to a civil action,	2914
of an inmate who has filed an appeal of the type described in	2915
division (A)(1)(b) of this section, or of the inmate's or other	2916
party's counsel of record that satisfies either of the following:	2917

(i) It obviously serves merely to harass or maliciously	2918
injure another party to the civil action or appeal.	2919

(ii) It is not warranted under existing law and cannot be	2920
supported by a good faith argument for an extension, modification,	2921
or reversal of existing law.	2922

(b) An inmate's commencement of a civil action or appeal	2923
against a government entity or employee when any of the following	2924
applies:	2925

(i) The claim that is the basis of the civil action fails to	2926
state a claim or the issues of law that are the basis of the	2927
appeal fail to state any issues of law.	2928

(ii) It is clear that the inmate cannot prove material facts	2929
in support of the claim that is the basis of the civil action or	2930
in support of the issues of law that are the basis of the appeal.	2931

(iii) The claim that is the basis of the civil action is	2932
substantially similar to a claim in a previous civil action	2933
commenced by the inmate or the issues of law that are the basis of	2934
the appeal are substantially similar to issues of law raised in a	2935
previous appeal commenced by the inmate, in that the claim that is	2936
the basis of the current civil action or the issues of law that	2937
are the basis of the current appeal involve the same parties or	2938
arise from the same operative facts as the claim or issues of law	2939
in the previous civil action or appeal.	2940

(3) "Civil action or appeal against a government entity or	2941
employee," "inmate," "political subdivision," and "employee" have	2942
the same meanings as in section 2969.21 of the Revised Code.	2943

(4) "Reasonable attorney's fees" or "attorney's fees," when	2944
used in relation to a civil action or appeal against a government	2945
entity or employee, includes both of the following, as applicable:	2946

(a) The approximate amount of the compensation, and the	2947
fringe benefits, if any, of the attorney general, an assistant	2948
attorney general, or special counsel appointed by the attorney	2949
general that has been or will be paid by the state in connection	2950
with the legal services that were rendered by the attorney	2951
general, assistant attorney general, or special counsel in the	2952
civil action or appeal against the government entity or employee,	2953
including, but not limited to, a civil action or appeal commenced	2954
pro se by an inmate, and that were necessitated by frivolous	2955
conduct of an inmate represented by counsel of record, the counsel	2956
of record of an inmate, or a pro se inmate.	2957

(b) The approximate amount of the compensation, and the	2958
fringe benefits, if any, of a prosecuting attorney or other chief	2959
legal officer of a political subdivision, or an assistant to a	2960
chief legal officer of those natures, who has been or will be paid	2961
by a political subdivision in connection with the legal services	2962
that were rendered by the chief legal officer or assistant in the	2963
civil action or appeal against the government entity or employee,	2964
including, but not limited to, a civil action or appeal commenced	2965
pro se by an inmate, and that were necessitated by frivolous	2966
conduct of an inmate represented by counsel of record, the counsel	2967
of record of an inmate, or a pro se inmate.	2968

(5) "State" has the same meaning as in section 2743.01 of the	2969
Revised Code.	2970

(6) "State correctional institution" has the same meaning as	2971
in section 2967.01 of the Revised Code.	2972

(B)(1) Subject to divisions (B)(2) and (3), (C), and (D) of	2973
this section, at any time prior to the commencement of the trial	2974
in a civil action or within twenty-one days after the entry of	2975
judgment in a civil action or at any time prior to the hearing in	2976
an appeal of the type described in division (A)(1)(b) of this	2977
section that is filed by an inmate or within twenty-one days after	2978
the entry of judgment in an appeal of that nature, the court may	2979
award court costs, reasonable attorney's fees, and other	2980
reasonable expenses incurred in connection with the civil action	2981
or appeal to any party to the civil action or appeal who was	2982
adversely affected by frivolous conduct. The award may be	2983
assessed as provided in division (B)(4) of this section.	2984

(2) An award may be made pursuant to division (B)(1) of this	2985
section upon the motion of a party to a civil action or an appeal	2986
of the type described in that division, but only after the court	2987
does all of the following:	2988

(a) Sets a date for a hearing to be conducted in accordance	2989
with division (B)(2)(c) of this section, to determine whether	2990
particular conduct was frivolous, to determine, if the conduct was	2991
frivolous, whether any party was adversely affected by it, and to	2992
determine, if an award is to be made, the amount of that award;	2993

(b) Gives notice of the date of the hearing described in	2994
division (B)(2)(a) of this section to each party or counsel of	2995
record who allegedly engaged in frivolous conduct and to each	2996
party who allegedly was adversely affected by frivolous conduct;	2997

(c) Conducts the hearing described in division (B)(2)(a) of	2998
this section in accordance with this division, allows the parties	2999
and counsel of record involved to present any relevant evidence at	3000
the hearing, including evidence of the type described in division	3001
(B)(5) of this section, determines that the conduct involved was	3002
frivolous and that a party was adversely affected by it, and then	3003
determines the amount of the award to be made. If any party or	3004
counsel of record who allegedly engaged in or allegedly was	3005
adversely affected by frivolous conduct is confined in a state	3006
correctional institution or in a county, multicounty, municipal,	3007
municipal-county, or multicounty-municipal jail or workhouse, the	3008
court, if practicable, may hold the hearing by telephone or, in	3009
the alternative, at the institution, jail, or workhouse in which	3010
the party or counsel is confined.	3011

(3) The amount of an award made pursuant to division (B)(1)	3012
of this section that represents reasonable attorney's fees shall	3013
not exceed, and may be equal to or less than, whichever of the	3014
following is applicable:	3015

(a) If the party is being represented on a contingent fee	3016
basis, an amount that corresponds to reasonable fees that would	3017
have been charged for legal services had the party been	3018
represented on an hourly fee basis or another basis other than a	3019
contingent fee basis;	3020

(b) In all situations other than that described in division	3021
(B)(3)(a) of this section, the attorney's fees that were	3022
reasonably incurred by a party.	3023

(4) An award made pursuant to division (B)(1) of this	3024
section may be made against a party, the party's counsel of	3025
record, or both.	3026

(5)(a) In connection with the hearing described in division	3027
(B)(2)(a) of this section, each party who may be awarded	3028
reasonable attorney's fees and the party's counsel of record may	3029
submit to the court or be ordered by the court to submit to it,	3030
for consideration in determining the amount of the reasonable	3031
attorney's fees, an itemized list or other evidence of the legal	3032
services rendered, the time expended in rendering the services,	3033
and whichever of the following is applicable:	3034

(i) If the party is being represented by that counsel on a	3035
contingent fee basis, the reasonable attorney's fees that would	3036
have been associated with those services had the party been	3037
represented by that counsel on an hourly fee basis or another	3038
basis other than a contingent fee basis;	3039

(ii) In all situations other than those described in	3040
division (B)(5)(a)(i) of this section, the attorney's fees	3041
associated with those services.	3042

(b) In connection with the hearing described in division	3043
(B)(2)(a) of this section, each party who may be awarded court	3044
costs and other reasonable expenses incurred in connection with	3045
the civil action or appeal may submit to the court or be ordered	3046
by the court to submit to it, for consideration in determining the	3047
amount of the costs and expenses, an itemized list or other	3048
evidence of the costs and expenses incurred in connection with	3049
that action or appeal, including, but not limited to, expert	3050
witness fees and expenses associated with discovery.	3051

(C) An award of reasonable attorney's fees under this	3052
section does not affect or determine the amount of or the manner	3053
of computation of attorney's fees as between an attorney and the	3054
attorney's client.	3055

(D) This section does not affect or limit the application of	3056
any provision of the Rules of Civil Procedure, the Rules of	3057
Appellate Procedure, or another court rule or section of the	3058
Revised Code to the extent that the provision prohibits an award	3059
of court costs, attorney's fees, or other expenses incurred in	3060
connection with a particular civil action or appeal or authorizes	3061
an award of court costs, attorney's fees, or other expenses	3062
incurred in connection with a particular civil action or appeal in	3063
a specified manner, generally, or subject to limitations.	3064

Sec. 2501.02.  Each judge of a court of appeals shall have	3065
been admitted to practice as an attorney at law in this state and	3066
have, for a total of six years preceding his the judge's	3067
appointment or commencement of his the judge's term, engaged in	3068
the practice of law in this state or served as a judge of a court	3069
of record in any jurisdiction in the United States, or both. One	3070
judge shall be chosen in each court of appeals district every two	3071
years, and shall hold office for six years, beginning on the ninth	3072
day of February next after his the judge's election. In	3073

In addition to the original jurisdiction conferred by Section	3074
3 of Article IV, Ohio Constitution, the court shall have	3075
jurisdiction: upon an appeal upon questions of law to review,	3076
affirm, modify, set aside, or reverse judgments or final orders of	3077
courts of record inferior to the court of appeals within the	3078
district, including the finding, order, or judgment of a juvenile	3079
court that a child is delinquent, neglected, abused, or dependent,	3080
for prejudicial error committed by such lower court.	3081

The court, on good cause shown, may issue writs of	3082
supersedeas in any case, and all other writs, not specially	3083
provided for or prohibited by statute, necessary to enforce the	3084
administration of justice.	3085

Sec. 2743.18.  (A)(1) Prejudgment interest shall be allowed	3086
with respect to a civil action on which a judgment or	3087
determination is rendered against the state for the same period of	3088
time and at the same rate as allowed between private parties to a	3089
suit.	3090

(2) The court of claims, in its discretion, may deny	3091
prejudgment interest for any period of undue delay between the	3092
commencement of the civil action and the entry of a judgment or	3093
determination against the state, for which it finds the claimant	3094
to have been responsible.	3095

(B)(1) Except as otherwise provided in division (B)(2) of	3096
this section, interest shall be allowed on a judgment or	3097
determination rendered against the state in a civil action	3098
pursuant to this chapter at the same rate that is applicable to	3099
judgments rendered against private parties to a suit as specified	3100
in division (A) of section 1343.03 of the Revised Code and for	3101
each day between the date of entry of the judgment or the	3102
determination pursuant to division (C) of section 2743.10 of the	3103
Revised Code and the date of payment of the judgment or	3104
determination pursuant to division (C)(3) or (6) of section	3105
2743.19 of the Revised Code, or for sixty days from the date of	3106
entry of the judgment or the determination, whichever is less.	3107

(2) If the court of claims renders a judgment pursuant to	3108
this chapter against the state in a civil action or the clerk of	3109
the court of claims enters an administrative determination under	3110
section 2743.10 of the Revised Code against the state in a civil	3111
action, the civil action is not based on tortious conduct, and the	3112
claimant in the court of claims prevails in any appeal of the	3113
judgment or determination, postjudgment interest shall be paid	3114
with respect to the judgment or determination rendered against the	3115
state at the same rate that is applicable to judgments rendered	3116
against private parties to a suit as set forth in division (A) of	3117
section 1343.03 of the Revised Code and for each day between the	3118
date of entry of the judgment or determination and the date of	3119
payment of the judgment or determination pursuant to division	3120
(C)(3) or (6) of section 2743.19 of the Revised Code.	3121

Sec. 2743.19.  (A) In rendering a judgment against the	3122
state, the court of claims shall determine and specify in the	3123
judgment the department, office, commission, board, agency,	3124
institution, or other instrumentality of the state against which a	3125
determination of liability has been made. The court of claims	3126
shall award compensation for fees to a prevailing party in an	3127
action under this chapter in accordance with section 2335.39 of	3128
the Revised Code.	3129

(B) No execution shall issue against the state or any	3130
department, board, office, commission, agency, institution, or	3131
other instrumentality of the state upon any judgment for the	3132
payment of money.	3133

(C) Judgments shall be accomplished only through the	3134
following procedure, which may be enforced by writ of mandamus	3135
directed to the appropriate official:	3136

(1) The clerk of the court of claims shall forward a	3137
certified copy of the judgment to the director of budget and	3138
management and the attorney general or the officer who signed the	3139
investigative report for the department, office, commission,	3140
board, agency, institution, or other instrumentality of the state	3141
against which a determination of liability has been made.	3142

(2) The expense of a judgment paid, plus interest at the	3143
same rate that is applicable to judgments rendered against private	3144
parties to a suit as specified in division (A) of section 1343.03	3145
of the Revised Code and for the number of days determined pursuant	3146
to division (B)(1) or (2) of section 2743.18 of the Revised Code,	3147
shall be charged by the director of budget and management against	3148
available unencumbered moneys in the appropriations to whichever	3149
state departments, boards, offices, commissions, agencies,	3150
institutions, or other instrumentalities are named in the	3151
judgment. The director of budget and management shall have sole	3152
discretion to determine whether or not unencumbered moneys in a	3153
particular appropriation are available for satisfaction of a	3154
judgment.	3155

(3) The director of budget and management, upon receipt of	3156
the certified copy of the judgment from the clerk of the court of	3157
claims pursuant to division (C)(1) of this section, shall provide	3158
for payment of the judgment creditor in the amount of the judgment	3159
certified by the clerk of the court of claims, plus interest.	3160

(4) If the director of budget and management determines that	3161
sufficient unencumbered moneys do not exist in the particular	3162
appropriations to pay the judgment and interest, the director may	3163
make application for payment of the judgment and interest out of	3164
the emergency purposes account or another appropriation for	3165
emergencies or contingencies.	3166

(5) If moneys in the emergency purposes account or another	3167
appropriation for emergencies or contingencies are not used to pay	3168
the judgment and interest, the director of budget and management	3169
shall request the general assembly to make an appropriation	3170
sufficient to pay the judgment and interest, and no payment shall	3171
be made until the appropriation has been made. The appropriate	3172
state department, board, office, commission, agency, institution,	3173
or other instrumentality shall make this appropriation request	3174
during the current biennium and during each succeeding biennium	3175
until a sufficient appropriation is made.	3176

(6) If the judgment is against any department, board,	3177
office, commission, agency, institution, or other instrumentality	3178
of the state whose funds are not handled by the director of budget	3179
and management, the instrumentality against which the judgment is	3180
made, within sixty days after the date of the judgment, shall pay	3181
the judgment creditor in the amount of the judgment plus interest	3182
at the same rate that is applicable to judgments rendered against	3183
private parties to a suit as specified in division (A) of section	3184
1343.03 of the Revised Code and for the number of days determined	3185
pursuant to division (B)(1) or (2) of section 2743.18 of the	3186
Revised Code.	3187

(D) No judgment shall be forwarded by the clerk of the court	3188
of claims to the director of budget and management until all	3189
appeals have been determined and all rights to appeal have been	3190
exhausted, except as otherwise provided in this section. If a	3191
party to a civil action against the state appeals from only a	3192
portion of a judgment and if a remaining portion provides for the	3193
payment of money by the state, a certified copy of the judgment	3194
and a copy of the notice of appeal shall be forwarded to the	3195
director, and that part of the judgment calling for the payment of	3196
money by the state and not a subject of the appeal shall be	3197
processed for payment as described in this section.	3198

Sec. 2744.01.  As used in this chapter:

3199

(A) "Emergency call" means a call to duty, including, but not	3200
limited to, communications from citizens, police dispatches, and	3201
personal observations by peace officers of inherently dangerous	3202
situations that demand an immediate response on the part of a	3203
peace officer.	3204

(B) "Employee" means an officer, agent, employee, or servant,	3205
whether or not compensated or full-time or part-time, who is	3206
authorized to act and is acting within the scope of the officer's,	3207
agent's, employee's, or servant's employment for a political	3208
subdivision. "Employee" does not include an independent contractor	3209
and does not include any individual engaged by a school district	3210
pursuant to section 3319.301 of the Revised Code. "Employee"	3211
includes any elected or appointed official of a political	3212
subdivision. "Employee" also includes a person who has been	3213
convicted of or pleaded guilty to a criminal offense and who has	3214
been sentenced to perform community service work in a political	3215
subdivision whether pursuant to section 2951.02 of the Revised	3216
Code or otherwise, and a child who is found to be a delinquent	3217
child and who is ordered by a juvenile court pursuant to section	3218
2151.355 of the Revised Code to perform community service or	3219
community work in a political subdivision.	3220

(C)(1) "Governmental function" means a function of a	3221
political subdivision that is specified in division (C)(2) of this	3222
section or that satisfies any of the following:	3223

(a) A function that is imposed upon the state as an	3224
obligation of sovereignty and that is performed by a political	3225
subdivision voluntarily or pursuant to legislative requirement;	3226

(b) A function that is for the common good of all citizens	3227
of the state;	3228

(c) A function that promotes or preserves the public peace,	3229
health, safety, or welfare; that involves activities that are not	3230
engaged in or not customarily engaged in by nongovernmental	3231
persons; and that is not specified in division (G)(2) of this	3232
section as a proprietary function.	3233

(2) A "governmental function" includes, but is not limited	3234
to, the following:	3235

(a) The provision or nonprovision of police, fire, emergency	3236
medical, ambulance, and rescue services or protection;	3237

(b) The power to preserve the peace; to prevent and suppress	3238
riots, disturbances, and disorderly assemblages; to prevent,	3239
mitigate, and clean up releases of oil and hazardous and extremely	3240
hazardous substances as defined in section 3750.01 of the Revised	3241
Code; and to protect persons and property;	3242

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

3243

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

3244

(e) The regulation of the use of, and the maintenance and	3245
repair of, roads, highways, streets, avenues, alleys, sidewalks,	3246
bridges, aqueducts, viaducts, and public grounds;	3247

(f) Judicial, quasi-judicial, prosecutorial, legislative,	3248
and quasi-legislative functions;	3249

(g) The construction, reconstruction, repair, renovation,	3250
maintenance, and operation of buildings that are used in	3251
connection with the performance of a governmental function,	3252
including, but not limited to, office buildings and courthouses;	3253

(h) The design, construction, reconstruction, renovation,	3254
repair, maintenance, and operation of jails, places of juvenile	3255
detention, workhouses, or any other detention facility, as defined	3256
in section 2921.01 of the Revised Code;	3257

(i) The enforcement or nonperformance of any law;

3258

(j) The regulation of traffic, and the erection or	3259
nonerection of traffic signs, signals, or control devices;	3260

(k) The collection and disposal of solid wastes, as defined	3261
in section 3734.01 of the Revised Code, including, but not limited	3262
to, the operation of solid waste disposal facilities, as	3263
"facilities" is defined in that section, and the collection and	3264
management of hazardous waste generated by households. As used in	3265
division (C)(2)(k) of this section, "hazardous waste generated by	3266
households" means solid waste originally generated by individual	3267
households that is listed specifically as hazardous waste in or	3268
exhibits one or more characteristics of hazardous waste as defined	3269
by rules adopted under section 3734.12 of the Revised Code, but	3270
that is excluded from regulation as a hazardous waste by those	3271
rules.	3272

(l) The provision or nonprovision, planning or design,	3273
construction, or reconstruction of a public improvement,	3274
including, but not limited to, a sewer system;	3275

(m) The operation of a human services department or agency,	3276
including, but not limited to, the provision of assistance to aged	3277
and infirm persons and to persons who are indigent;	3278

(n) The operation of a health board, department, or agency,	3279
including, but not limited to, any statutorily required or	3280
permissive program for the provision of immunizations or other	3281
inoculations to all or some members of the public, provided that a	3282
"governmental function" does not include the supply, manufacture,	3283
distribution, or development of any drug or vaccine employed in	3284
any such immunization or inoculation program by any supplier,	3285
manufacturer, distributor, or developer of the drug or vaccine;	3286

(o) The operation of mental health facilities, mental	3287
retardation or developmental disabilities facilities, alcohol	3288
treatment and control centers, and children's homes or agencies;	3289

(p) The provision or nonprovision of inspection services of	3290
all types, including, but not limited to, inspections in	3291
connection with building, zoning, sanitation, fire, plumbing, and	3292
electrical codes, and the taking of actions in connection with	3293
those types of codes, including, but not limited to, the approval	3294
of plans for the construction of buildings or structures and the	3295
issuance or revocation of building permits or stop work orders in	3296
connection with buildings or structures;	3297

(q) Urban renewal projects and the elimination of slum	3298
conditions;	3299

(r) Flood control measures;

3300

(s) The design, construction, reconstruction, renovation,	3301
operation, care, repair, and maintenance of a township cemetery;	3302

(t) The issuance of revenue obligations under section 140.06	3303
of the Revised Code;	3304

(u) The design, construction, reconstruction, renovation,	3305
repair, maintenance, and operation of any park, playground,	3306
playfield, indoor recreational facility, zoo, zoological park,	3307
bath, swimming pool, pond, water park, wading pool, wave pool,	3308
water slide, and other type of aquatic facility, or golf course;	3309

(v) The provision of public defender services by a county or	3310
joint county public defender's office pursuant to Chapter 120. of	3311
the Revised Code;	3312

(w) A function that the general assembly mandates a	3313
political subdivision to perform.	3314

(D) "Law" means any provision of the constitution, statutes,	3315
or rules of the United States or of this state; provisions of	3316
charters, ordinances, resolutions, and rules of political	3317
subdivisions; and written policies adopted by boards of education.	3318
When used in connection with the "common law," this definition	3319
does not apply.	3320

(E) "Motor vehicle" has the same meaning as in section	3321
4511.01 of the Revised Code.	3322

(F) "Political subdivision" or "subdivision" means a	3323
municipal corporation, township, county, school district, or other	3324
body corporate and politic responsible for governmental activities	3325
in a geographic area smaller than that of the state. "Political	3326
subdivision" includes, but is not limited to, a county hospital	3327
commission appointed under section 339.14 of the Revised Code,	3328
regional planning commission created pursuant to section 713.21 of	3329
the Revised Code, county planning commission created pursuant to	3330
section 713.22 of the Revised Code, joint planning council created	3331
pursuant to section 713.231 of the Revised Code, interstate	3332
regional planning commission created pursuant to section 713.30 of	3333
the Revised Code, port authority created pursuant to section	3334
4582.02 or 4582.26 of the Revised Code or in existence on December	3335
16, 1964, regional council established by political subdivisions	3336
pursuant to Chapter 167. of the Revised Code, emergency planning	3337
district and joint emergency planning district designated under	3338
section 3750.03 of the Revised Code, joint emergency medical	3339
services district created pursuant to section 307.052 of the	3340
Revised Code, fire and ambulance district created pursuant to	3341
section 505.375 of the Revised Code, joint interstate emergency	3342
planning district established by an agreement entered into under	3343
that section, county solid waste management district and joint	3344
solid waste management district established under section 343.01	3345
or 343.012 of the Revised Code, and community school established	3346
under Chapter 3314. of the Revised Code.	3347

(G)(1) "Proprietary function" means a function of a political	3348
subdivision that is specified in division (G)(2) of this section	3349
or that satisfies both of the following:	3350

(a) The function is not one described in division (C)(1)(a)	3351
or (b) of this section and is not one specified in division (C)(2)	3352
of this section;	3353

(b) The function is one that promotes or preserves the	3354
public peace, health, safety, or welfare and that involves	3355
activities that are customarily engaged in by nongovernmental	3356
persons.	3357

(2) A "proprietary function" includes, but is not limited	3358
to, the following:	3359

(a) The operation of a hospital by one or more political	3360
subdivisions;	3361

(b) The design, construction, reconstruction, renovation,	3362
repair, maintenance, and operation of a public cemetery other than	3363
a township cemetery;	3364

(c) The establishment, maintenance, and operation of a	3365
utility, including, but not limited to, a light, gas, power, or	3366
heat plant, a railroad, a busline or other transit company, an	3367
airport, and a municipal corporation water supply system;	3368

(d) The maintenance, destruction, operation, and upkeep of a	3369
sewer system;	3370

(e) The operation and control of a public stadium,	3371
auditorium, civic or social center, exhibition hall, arts and	3372
crafts center, band or orchestra, or off-street parking facility.	3373

(H) "Public roads" means public roads, highways, streets,	3374
avenues, alleys, and bridges within a political subdivision.	3375
"Public roads" does not include berms, shoulders, rights-of-way,	3376
or traffic control devices unless the traffic control devices are	3377
mandated by the Ohio manual of uniform traffic control devices.	3378

(I) "State" means the state of Ohio, including, but not	3379
limited to, the general assembly, the supreme court, the offices	3380
of all elected state officers, and all departments, boards,	3381
offices, commissions, agencies, colleges and universities,	3382
institutions, and other instrumentalities of the state of Ohio.	3383
"State" does not include political subdivisions.	3384

Sec. 2744.02.  (A)(1) For the purposes of this chapter, the	3385
functions of political subdivisions are hereby classified as	3386
governmental functions and proprietary functions. Except as	3387
provided in division (B) of this section, a political subdivision	3388
is not liable in damages in a civil action for injury, death, or	3389
loss to person or property allegedly caused by any act or omission	3390
of the political subdivision or an employee of the political	3391
subdivision in connection with a governmental or proprietary	3392
function.	3393

(2) Subject to statutory limitations upon their monetary	3394
jurisdiction, the courts of common pleas, the municipal courts,	3395
and the county courts have jurisdiction to hear and determine	3396
civil actions governed by or brought pursuant to this chapter.	3397

(B) Subject to sections 2744.03 and 2744.05 of the Revised	3398
Code, a political subdivision is liable in damages in a civil	3399
action for injury, death, or loss to person or property allegedly	3400
caused by an act or omission of the political subdivision or of	3401
any of its employees in connection with a governmental or	3402
proprietary function, as follows:	3403

(1) Except as otherwise provided in this division, political	3404
subdivisions are liable for injury, death, or loss to person or	3405
property caused by the negligent operation of any motor vehicle by	3406
their employees upon the public roads, highways, or streets when	3407
the employees are engaged within the scope of their employment and	3408
authority. The following are full defenses to that liability:	3409

(a) A member of a municipal corporation police department or	3410
any other police agency was operating a motor vehicle while	3411
responding to an emergency call and the operation of the vehicle	3412
did not constitute willful or wanton misconduct;	3413

(b) A member of a municipal corporation fire department or	3414
any other firefighting agency was operating a motor vehicle while	3415
engaged in duty at a fire, proceeding toward a place where a fire	3416
is in progress or is believed to be in progress, or answering any	3417
other emergency alarm and the operation of the vehicle did not	3418
constitute willful or wanton misconduct;	3419

(c) A member of an emergency medical service owned or	3420
operated by a political subdivision was operating a motor vehicle	3421
while responding to or completing a call for emergency medical	3422
care or treatment, the member was holding a valid commercial	3423
driver's license issued pursuant to Chapter 4506. or a driver's	3424
license issued pursuant to Chapter 4507. of the Revised Code, the	3425
operation of the vehicle did not constitute willful or wanton	3426
misconduct, and the operation complies with the precautions of	3427
section 4511.03 of the Revised Code.	3428

(2) Except as otherwise provided in sections 3314.07 and	3429
3746.24 of the Revised Code, political subdivisions are liable for	3430
injury, death, or loss to person or property caused by the	3431
negligent performance of acts by their employees with respect to	3432
proprietary functions of the political subdivisions.	3433

(3) Except as otherwise provided in section 3746.24 of the	3434
Revised Code, political subdivisions are liable for injury, death,	3435
or loss to person or property caused by their negligent failure to	3436
keep public roads, highways, streets, avenues, alleys, sidewalks,	3437
bridges, aqueducts, viaducts, or public grounds within the	3438
political subdivisions open, in repair and other negligent failure	3439
to remove obstructions from public roads, and free from nuisance,	3440
except that it is a full defense to that liability, when a bridge	3441
within a municipal corporation is involved, that the municipal	3442
corporation does not have the responsibility for maintaining or	3443
inspecting the bridge.	3444

(4) Except as otherwise provided in section 3746.24 of the	3445
Revised Code, political subdivisions are liable for injury, death,	3446
or loss to person or property that is caused by the negligence of	3447
their employees and that occurs within or on the grounds of, and	3448
is due to physical defects within or on the grounds of, buildings	3449
that are used in connection with the performance of a governmental	3450
function, including, but not limited to, office buildings and	3451
courthouses, but not including jails, places of juvenile	3452
detention, workhouses, or any other detention facility, as defined	3453
in section 2921.01 of the Revised Code.	3454

(5) In addition to the circumstances described in divisions	3455
(B)(1) to (4) of this section, a political subdivision is liable	3456
for injury, death, or loss to person or property when liability is	3457
expressly imposed upon the political subdivision by a section of	3458
the Revised Code, including, but not limited to, sections 2743.02	3459
and 5591.37 of the Revised Code. Liability shall not be construed	3460
to exist under another section of the Revised Code merely because	3461
that section imposes a responsibility or mandatory duty is imposed	3462
upon a political subdivision, or because of a general	3463
authorization in that section that a political subdivision may sue	3464
and be sued, or because that section uses the term "shall" in a	3465
provision pertaining to a political subdivision.	3466

(C) An order that denies a political subdivision or an	3467
employee of a political subdivision the benefit of an alleged	3468
immunity from liability as provided in Chapter 2744. or any other	3469
provision of the law is a final order.	3470

Sec. 2744.03.  (A) In a civil action brought against a	3471
political subdivision or an employee of a political subdivision to	3472
recover damages for injury, death, or loss to persons or property	3473
allegedly caused by any act or omission in connection with a	3474
governmental or proprietary function, the following defenses or	3475
immunities may be asserted to establish nonliability:	3476

(1) The political subdivision is immune from liability if	3477
the employee involved was engaged in the performance of a	3478
judicial, quasi-judicial, prosecutorial, legislative, or	3479
quasi-legislative function.	3480

(2) The political subdivision is immune from liability if	3481
the conduct of the employee involved, other than negligent	3482
conduct, that gave rise to the claim of liability was required by	3483
law or authorized by law, or if the conduct of the employee	3484
involved that gave rise to the claim of liability was necessary or	3485
essential to the exercise of powers of the political subdivision	3486
or employee.	3487

(3) The political subdivision is immune from liability if	3488
the action or failure to act by the employee involved that gave	3489
rise to the claim of liability was within the discretion of the	3490
employee with respect to policy-making, planning, or enforcement	3491
powers by virtue of the duties and responsibilities of the office	3492
or position of the employee.	3493

(4) The political subdivision is immune from liability if	3494
the action or failure to act by the political subdivision or	3495
employee involved that gave rise to the claim of liability	3496
resulted in injury or death to a person who had been convicted of	3497
or pleaded guilty to a criminal offense and who, at the time of	3498
the injury or death, was serving any portion of the person's	3499
sentence by performing community service work for or in the	3500
political subdivision whether pursuant to section 2951.02 of the	3501
Revised Code or otherwise, or resulted in injury or death to a	3502
child who was found to be a delinquent child and who, at the time	3503
of the injury or death, was performing community service or	3504
community work for or in a political subdivision in accordance	3505
with the order of a juvenile court entered pursuant to section	3506
2151.355 of the Revised Code, and if, at the time of the person's	3507
or child's injury or death, the person or child was covered for	3508
purposes of Chapter 4123. of the Revised Code in connection with	3509
the community service or community work for or in the political	3510
subdivision.	3511

(5) The political subdivision is immune from liability if	3512
the injury, death, or loss to persons or property resulted from	3513
the exercise of judgment or discretion in determining whether to	3514
acquire, or how to use, equipment, supplies, materials, personnel,	3515
facilities, and other resources unless the judgment or discretion	3516
was exercised with malicious purpose, in bad faith, or in a wanton	3517
or reckless manner.	3518

(6) In addition to any immunity or defense referred to in	3519
division (A)(7) of this section and in circumstances not covered	3520
by that division or sections 3314.07 and 3746.24 of the Revised	3521
Code, the employee is immune from liability unless one of the	3522
following applies:	3523

(a) The employee's acts or omissions were manifestly outside	3524
the scope of the employee's employment or official	3525
responsibilities;	3526

(b) The employee's acts or omissions were with malicious	3527
purpose, in bad faith, or in a wanton or reckless manner;	3528

(c) Liability is expressly imposed upon the employee by a	3529
section of the Revised Code. Liability shall not be construed to	3530
exist under another section of the Revised Code merely because	3531
that section imposes a responsibility or mandatory duty upon an	3532
employee, because of a general authorization in that section that	3533
an employee may sue and be sued, or because the section uses the	3534
term "shall" in a provision pertaining to an employee.	3535

(7) The political subdivision, and an employee who is a	3536
county prosecuting attorney, city director of law, village	3537
solicitor, or similar chief legal officer of a political	3538
subdivision, an assistant of any such person, or a judge of a	3539
court of this state is entitled to any defense or immunity	3540
available at common law or established by the Revised Code.	3541

(B) Any immunity or defense conferred upon, or referred to	3542
in connection with, an employee by division (A)(6) or (7) of this	3543
section does not affect or limit any liability of a political	3544
subdivision for an act or omission of the employee as provided in	3545
section 2744.02 of the Revised Code.	3546

Sec. 2744.04.  (A) An action against a political subdivision	3547
to recover damages for injury, death, or loss to persons or	3548
property allegedly caused by any act or omission in connection	3549
with a governmental or proprietary function, whether brought as an	3550
original action, cross-claim, counterclaim, third-party claim, or	3551
claim for subrogation, shall be brought within two years after the	3552
cause of action arose, or within any applicable shorter period of	3553
time for bringing the action provided by the Revised Code. This	3554
division applies to actions brought against political subdivisions	3555
by all persons, governmental entities, and the state.	3556

(B) In the complaint filed in a civil action against a	3557
political subdivision or an employee of a political subdivision to	3558
recover damages for injury, death, or loss to persons or property	3559
allegedly caused by an act or omission in connection with a	3560
governmental or proprietary function, whether filed in an original	3561
action, cross-claim, counterclaim, third-party claim, or claim for	3562
subrogation, the complainant shall include a demand for a judgment	3563
for the damages that the judge in a nonjury trial or the jury in a	3564
jury trial finds that the complainant is entitled to be awarded,	3565
but shall not specify in that demand any monetary amount for	3566
damages sought.	3567

Sec. 2744.05.  Notwithstanding any other provisions of the	3568
Revised Code or rules of a court to the contrary, in an action	3569
against a political subdivision to recover damages for injury,	3570
death, or loss to person or property caused by an act or omission	3571
in connection with a governmental or proprietary function:	3572

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

3573

(B)(1) If a claimant receives or is entitled to receive	3574
benefits for injuries or loss allegedly incurred from a policy or	3575
policies of insurance or any other source, the benefits shall be	3576
disclosed to the court, and the amount of the benefits shall be	3577
deducted from any award against a political subdivision recovered	3578
by that claimant. No insurer or other person is entitled to bring	3579
an action under a subrogation provision in an insurance or other	3580
contract against a political subdivision with respect to those	3581
benefits. The amount of the benefits shall be deducted from an	3582
award against a political subdivision under division (B)(1) of	3583
this section regardless of whether the claimant may be under an	3584
obligation to pay back the benefits upon recovery, in whole or in	3585
part, for the claim. A claimant whose benefits have been deducted	3586
from an award under division (B)(1) of this section is not	3587
considered fully compensated and shall not be required to	3588
reimburse a subrogated claim for benefits deducted from an award	3589
pursuant to division (B)(1) of this section.	3590

(2) Nothing in this division (B)(1) of this section shall be	3591
construed to do either of the following:	3592

(a)(1) Limit the rights of a beneficiary under a life	3593
insurance policy or the rights of sureties under fidelity or	3594
surety bonds;	3595

(b)(2) Prohibit the department of job and family services	3596
from recovering from the political subdivision, pursuant to	3597
section 5101.58 of the Revised Code, the cost of medical	3598
assistance benefits provided under Chapter 5107., 5111., or 5115.	3599
of the Revised Code.	3600

(C)(1) There shall not be any limitation on compensatory	3601
damages that represent the actual loss of the person who is	3602
awarded the damages. However, except in wrongful death actions	3603
brought pursuant to Chapter 2125. of the Revised Code, damages	3604
that arise from the same cause of action, transaction or	3605
occurrence, or series of transactions or occurrences and that do	3606
not represent the actual loss of the person who is awarded the	3607
damages shall not exceed two hundred fifty thousand dollars in	3608
favor of any one person. The limitation on damages that do not	3609
represent the actual loss of the person who is awarded the damages	3610
provided in this division does not apply to court costs that are	3611
awarded to a plaintiff, or to interest on a judgment rendered in	3612
favor of a plaintiff, in an action against a political	3613
subdivision.	3614

(2) As used in this division, "the actual loss of the person	3615
who is awarded the damages" includes all of the following:	3616

(a) All wages, salaries, or other compensation lost by the	3617
person injured as a result of the injury, including wages,	3618
salaries, or other compensation lost as of the date of a judgment	3619
and future expected lost earnings of the person injured;	3620

(b) All expenditures of the person injured or another person	3621
on behalf of the person injured for medical care or treatment, for	3622
rehabilitation services, or for other care, treatment, services,	3623
products, or accommodations that were necessary because of the	3624
injury;	3625

(c) All expenditures to be incurred in the future, as	3626
determined by the court, by the person injured or another person	3627
on behalf of the person injured for medical care or treatment, for	3628
rehabilitation services, or for other care, treatment, services,	3629
products, or accommodations that will be necessary because of the	3630
injury;	3631

(d) All expenditures of a person whose property was injured	3632
or destroyed or of another person on behalf of the person whose	3633
property was injured or destroyed in order to repair or replace	3634
the property that was injured or destroyed;	3635

(e) All expenditures of the person injured or of the person	3636
whose property was injured or destroyed or of another person on	3637
behalf of the person injured or of the person whose property was	3638
injured or destroyed in relation to the actual preparation or	3639
presentation of the claim involved;	3640

(f) Any other expenditures of the person injured or of the	3641
person whose property was injured or destroyed or of another	3642
person on behalf of the person injured or of the person whose	3643
property was injured or destroyed that the court determines	3644
represent an actual loss experienced because of the personal or	3645
property injury or property loss.	3646

"The actual loss of the person who is awarded the damages"	3647
does not include any fees paid or owed to an attorney for any	3648
services rendered in relation to a personal or property injury or	3649
property loss, and does not include any damages awarded for pain	3650
and suffering, for the loss of society, consortium, companionship,	3651
care, assistance, attention, protection, advice, guidance,	3652
counsel, instruction, training, or education of the person	3653
injured, for mental anguish, or for any other intangible loss.	3654

Sec. 2744.06.  (A) Real or personal property, and moneys,	3655
accounts, deposits, or investments of a political subdivision are	3656
not subject to execution, judicial sale, garnishment, or	3657
attachment to satisfy a judgment rendered against a political	3658
subdivision in a civil action to recover damages for injury,	3659
death, or loss to persons person or property caused by an act or	3660
omission of the political subdivision or any of its employees in	3661
connection with a governmental or proprietary function. Such	3662
judgments shall be paid from funds of the political subdivisions	3663
that have been appropriated for that purpose, but, if sufficient	3664
funds are not currently appropriated for the payment of judgments,	3665
the fiscal officer of a political subdivision shall certify the	3666
amount of any unpaid judgments to the taxing authority of the	3667
political subdivision for inclusion in the next succeeding budget	3668
and annual appropriation measure and payment in the next	3669
succeeding fiscal year as provided by section 5705.08 of the	3670
Revised Code, unless any such judgment is to be paid from the	3671
proceeds of bonds issued pursuant to section 133.14 of the Revised	3672
Code or pursuant to annual installments authorized by division (B)	3673
or (C) of this section.	3674

(B)(1)(a) As used in this division, "the actual loss of the	3675
person who is awarded the damages" includes all of the following:	3676

(i) All wages, salaries, or other compensation lost by the	3677
person injured as a result of the injury, as of the date of the	3678
judgment;	3679

(ii) All expenditures of the person injured or of another	3680
person on his behalf of the person injured for medical care or	3681
treatment, for rehabilitation services, or for other care,	3682
treatment, services, products, or accommodations that were	3683
necessary because of the injury;	3684

(iii) All expenditures of a person whose property was	3685
injured or destroyed or of another person on his behalf of the	3686
person whose property was injured or destroyed in order to repair	3687
or replace the property that was injured or destroyed;	3688

(iv) All expenditures of the person injured or whose	3689
property was injured or destroyed or of another person on his	3690
behalf of the person injured or whose property was injured or	3691
destroyed in relation to the actual preparation or presentation of	3692
the person's claim;	3693

(v) Any other expenditures of the person injured or of the	3694
person whose property was injured or destroyed or of another	3695
person on his behalf of the person injured or whose property was	3696
injured or destroyed that the court determines represent an actual	3697
loss experienced because of the personal or property injury or	3698
property loss.	3699

(b) As used in this division, "the actual loss of the person	3700
who is awarded the damages" does not include any of the following:	3701

(i) Wages, salaries, or other compensation lost by the	3702
person injured as a result of the injury, that are future expected	3703
earnings of such a person;	3704

(ii) Expenditures to be incurred in the future, as	3705
determined by the court, by the person injured or by another	3706
person on his behalf of the person injured for medical care or	3707
treatment, for rehabilitation services, or for other care,	3708
treatment, services, products, or accommodations that will be	3709
necessary because of the injury;	3710

(iii) Any fees paid or owed to an attorney for any services	3711
rendered in relation to a personal or property injury or property	3712
loss;	3713

(iv) Any damages awarded for pain and suffering, for the	3714
loss of society, consortium, companionship, care, assistance,	3715
attention, protection, advice, guidance, counsel, instruction,	3716
training, or education of the person injured, for mental anguish,	3717
or for any other intangible loss.	3718

(2) Except as specifically provided to the contrary in this	3719
division, a court that renders a judgment against a political	3720
subdivision as described in division (A) of this section and that	3721
is not in favor of the state may authorize the political	3722
subdivision, upon the motion of the political subdivision, to pay	3723
the judgment or a specified portion of the judgment in annual	3724
installments over a period not to exceed ten years, subject to the	3725
payment of interest at the rate specified in section 1343.03 of	3726
the Revised Code. A court shall not authorize the payment in	3727
installments under this division of any portion of a judgment or	3728
entire judgment that represents the actual loss of the person who	3729
is awarded the damages.	3730

Additionally, a court shall not authorize the payment in	3731
installments under this division of any portion of a judgment or	3732
entire judgment that does not represent the actual loss of the	3733
person who is awarded the damages unless the court, after	3734
balancing the interests of the political subdivision and of the	3735
person in whose favor the judgment was rendered, determines that	3736
installment payments would be appropriate under the circumstances	3737
and would not be unjust to the person in whose favor the judgment	3738
was rendered. If a court makes such a determination, it shall fix	3739
the amount of the installment payments in such a manner as to	3740
achieve for the person in whose favor the judgment was rendered,	3741
the same economic result over the period as he that person would	3742
have received if the judgment or portion of the judgment subject	3743
to the installment payments had been paid in a lump sum payment.	3744

(C) At the option of a political subdivision, a judgment as	3745
described in division (A) of this section and that is rendered in	3746
favor of the state may be paid in equal annual installments over a	3747
period not to exceed ten years, without the payment of interest.	3748

Sec.  3123.17.  (A) When a court issues or modifies a	3749
court support order, the court shall determine the following:	3750

(1) Whether the obligor is in default under a prior court	3751
support order or the court support order being modified;	3752

(2) If the obligor is in default, the date the court support	3753
order went into default and the amount of support arrearages owed	3754
pursuant to the default.	3755

If the court determines the obligor is in default under a	3756
support order, the court shall issue a new order requiring the	3757
obligor to pay support. If the court determines the default was	3758
willful, the court shall assess interest on the arrearage amount	3759
from the date the court specifies as the date of default to the	3760
date the court issues the new order requiring the payment of	3761
support and shall compute the interest at the rate specified in	3762
division (A) of section 1343.03 of the Revised Code. The court	3763
shall specify in the support order the amount of interest the	3764
court assessed against the obligor and incorporate the amount of	3765
interest into the new monthly payment plan.	3766

(B) When a court issues or modifies a court support order,	3767
the court may include in the support order a statement ordering	3768
either party to pay the costs of the action, including, but not	3769
limited to, attorney's fees, fees for genetic tests in contested	3770
actions under sections 3111.01 to 3111.18 of the Revised Code,	3771
and court costs.	3772

Sec. 3722.08.  (A) If the director of health determines that	3773
an adult care facility is in violation of this chapter or rules	3774
adopted under it, he the director may impose a civil penalty,	3775
pursuant to rules adopted by the public health council under this	3776
chapter, on the owner of the facility. The director shall	3777
determine the classification and amount of the penalty by	3778
considering the following factors:	3779

(1) The gravity of the violation, the severity of the actual	3780
or potential harm, and the extent to which the provisions of this	3781
chapter or rules adopted under it were violated;	3782

(2) Actions taken by the owner or manager to correct the	3783
violation;	3784

(3) The number, if any, of previous violations by the adult	3785
care facility.	3786

(B) The director shall give written notice of the order	3787
imposing a civil penalty to the adult care facility by certified	3788
mail, return receipt requested, or shall provide for delivery of	3789
the notice in person. The notice shall specify the classification	3790
of the violation as determined by rules adopted by the public	3791
health council pursuant to this chapter, the amount of the penalty	3792
and the rate of interest, the action that is required to be taken	3793
to correct the violation, the time within which it is to be	3794
corrected as specified in division (C) of this section, and the	3795
procedures for the facility to follow to request a conference on	3796
the order imposing a civil penalty. If the facility requests a	3797
conference in a letter mailed or delivered not later than two	3798
working days after it has received the notice, the director shall	3799
hold a conference with representatives of the facility concerning	3800
the civil penalty. The conference shall be held not later than	3801
seven days after the director receives the request. The	3802
conference shall be conducted as prescribed in division (C) of	3803
section 3722.07 of the Revised Code. If the director issues an	3804
order upholding the civil penalty, the facility may request an	3805
adjudication hearing pursuant to Chapter 119. of the Revised Code,	3806
but the order of the director shall be in effect during	3807
proceedings instituted pursuant to that chapter until a final	3808
adjudication is made.	3809

(C) The director shall order that the condition or practice	3810
constituting a class I violation be abated or eliminated within	3811
twenty-four hours or any longer period he that the director	3812
considers reasonable. The notice for a class II or a class III	3813
violation shall specify a time within which the violation is	3814
required to be corrected.	3815

(D) If the facility does not request a conference or if,	3816
after a conference, it fails to take action to correct a	3817
violation, the director shall issue an order upholding the	3818
penalty, plus interest at the rate specified in section 1343.03 of	3819
the Revised Code for each day beyond the date set for payment of	3820
the penalty. The director may waive the interest payment for the	3821
period prior to the conference if he the director concludes that	3822
the conference was necessitated by a legitimate dispute.	3823

(E) The director may cancel or reduce the penalty for a	3824
class I violation if the facility corrects the violation within	3825
the time specified in the notice unless a resident suffers	3826
physical harm because of the violation or unless the facility has	3827
been cited previously for the same violation, in which case the	3828
director shall impose the penalty even though the facility has	3829
corrected the violation. The director shall cancel the penalty	3830
for a class II or class III violation if the facility corrects the	3831
violation within the time specified in the notice unless the	3832
facility has been cited previously for the same violation. Each	3833
day of a violation of any class, after the date the director sets	3834
for abatement or elimination, constitutes a separate and	3835
additional violation.	3836

(F) If an adult care facility fails to pay a penalty imposed	3837
under this section, the director may commence a civil action to	3838
collect the penalty. The license of an adult care facility that	3839
has failed to pay a penalty imposed under this section shall not	3840
be renewed until the penalty has been paid.	3841

(G) If a penalty is imposed under this section, a fine shall	3842
not be imposed under section 3722.99 of the Revised Code for the	3843
same violation.	3844

(H) Notwithstanding any other division of this section, the	3845
director shall not impose a penalty for a class I violation if all	3846
of the following apply:	3847

(1) A resident has not suffered physical harm because of the	3848
violation;	3849

(2) The violation has been corrected and is no longer	3850
occurring;	3851

(3) The violation is discovered by an inspector authorized	3852
to inspect an adult care facility pursuant to this chapter by his	3853
an examination of the records of the facility.	3854

Sec. 4112.02.  It shall be an unlawful discriminatory	3855
practice:	3856

(A) For any employer, because of the race, color, religion,	3857
sex, national origin, disability, age, or ancestry of any person,	3858
to discharge without just cause, to refuse to hire, or otherwise	3859
to discriminate against that person with respect to hire, tenure,	3860
terms, conditions, or privileges of employment, or any matter	3861
directly or indirectly related to employment.	3862

(B) For an employment agency or personnel placement service,	3863
because of race, color, religion, sex, national origin,	3864
disability, age, or ancestry, to do any of the following:	3865

(1) Refuse or fail to accept, register, classify properly,	3866
or refer for employment, or otherwise discriminate against any	3867
person;	3868

(2) Comply with a request from an employer for referral of	3869
applicants for employment if the request directly or indirectly	3870
indicates that the employer fails to comply with the provisions of	3871
sections 4112.01 to 4112.07 of the Revised Code.	3872

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

3873

(1) Limit or classify its membership on the basis of race,	3874
color, religion, sex, national origin, disability, age, or	3875
ancestry;	3876

(2) Discriminate against, limit the employment opportunities	3877
of, or otherwise adversely affect the employment status, wages,	3878
hours, or employment conditions of any person as an employee	3879
because of race, color, religion, sex, national origin,	3880
disability, age, or ancestry.	3881

(D) For any employer, labor organization, or joint	3882
labor-management committee controlling apprentice training	3883
programs to discriminate against any person because of race,	3884
color, religion, sex, national origin, disability, or ancestry in	3885
admission to, or employment in, any program established to provide	3886
apprentice training.	3887

(E) Except where based on a bona fide occupational	3888
qualification certified in advance by the commission, for any	3889
employer, employment agency, personnel placement service, or labor	3890
organization, prior to employment or admission to membership, to	3891
do any of the following:	3892

(1) Elicit or attempt to elicit any information concerning	3893
the race, color, religion, sex, national origin, disability, age,	3894
or ancestry of an applicant for employment or membership;	3895

(2) Make or keep a record of the race, color, religion, sex,	3896
national origin, disability, age, or ancestry of any applicant for	3897
employment or membership;	3898

(3) Use any form of application for employment, or personnel	3899
or membership blank, seeking to elicit information regarding race,	3900
color, religion, sex, national origin, disability, age, or	3901
ancestry; but an employer holding a contract containing a	3902
nondiscrimination clause with the government of the United States,	3903
or any department or agency of that government, may require an	3904
employee or applicant for employment to furnish documentary proof	3905
of United States citizenship and may retain that proof in the	3906
employer's personnel records and may use photographic or	3907
fingerprint identification for security purposes;	3908

(4) Print or publish or cause to be printed or published any	3909
notice or advertisement relating to employment or membership	3910
indicating any preference, limitation, specification, or	3911
discrimination, based upon race, color, religion, sex, national	3912
origin, disability, age, or ancestry;	3913

(5) Announce or follow a policy of denying or limiting,	3914
through a quota system or otherwise, employment or membership	3915
opportunities of any group because of the race, color, religion,	3916
sex, national origin, disability, age, or ancestry of that group;	3917

(6) Utilize in the recruitment or hiring of persons any	3918
employment agency, personnel placement service, training school or	3919
center, labor organization, or any other employee-referring source	3920
known to discriminate against persons because of their race,	3921
color, religion, sex, national origin, disability, age, or	3922
ancestry.	3923

(F) For any person seeking employment to publish or cause to	3924
be published any advertisement that specifies or in any manner	3925
indicates that person's race, color, religion, sex, national	3926
origin, disability, age, or ancestry, or expresses a limitation or	3927
preference as to the race, color, religion, sex, national origin,	3928
disability, age, or ancestry of any prospective employer.	3929

(G) For any proprietor or any employee, keeper, or manager	3930
of a place of public accommodation to deny to any person, except	3931
for reasons applicable alike to all persons regardless of race,	3932
color, religion, sex, national origin, disability, age, or	3933
ancestry, the full enjoyment of the accommodations, advantages,	3934
facilities, or privileges of the place of public accommodation.	3935

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

3936

(1) Refuse to sell, transfer, assign, rent, lease, sublease,	3937
or finance housing accommodations, refuse to negotiate for the	3938
sale or rental of housing accommodations, or otherwise deny or	3939
make unavailable housing accommodations because of race, color,	3940
religion, sex, familial status, ancestry, disability, or national	3941
origin;	3942

(2) Represent to any person that housing accommodations are	3943
not available for inspection, sale, or rental, when in fact they	3944
are available, because of race, color, religion, sex, familial	3945
status, ancestry, disability, or national origin;	3946

(3) Discriminate against any person in the making or	3947
purchasing of loans or the provision of other financial assistance	3948
for the acquisition, construction, rehabilitation, repair, or	3949
maintenance of housing accommodations, or any person in the making	3950
or purchasing of loans or the provision of other financial	3951
assistance that is secured by residential real estate, because of	3952
race, color, religion, sex, familial status, ancestry, disability,	3953
or national origin or because of the racial composition of the	3954
neighborhood in which the housing accommodations are located,	3955
provided that the person, whether an individual, corporation, or	3956
association of any type, lends money as one of the principal	3957
aspects or incident to the person's principal business and not	3958
only as a part of the purchase price of an owner-occupied	3959
residence the person is selling nor merely casually or	3960
occasionally to a relative or friend;	3961

(4) Discriminate against any person in the terms or	3962
conditions of selling, transferring, assigning, renting, leasing,	3963
or subleasing any housing accommodations or in furnishing	3964
facilities, services, or privileges in connection with the	3965
ownership, occupancy, or use of any housing accommodations,	3966
including the sale of fire, extended coverage, or homeowners	3967
insurance, because of race, color, religion, sex, familial status,	3968
ancestry, disability, or national origin or because of the racial	3969
composition of the neighborhood in which the housing	3970
accommodations are located;	3971

(5) Discriminate against any person in the terms or	3972
conditions of any loan of money, whether or not secured by	3973
mortgage or otherwise, for the acquisition, construction,	3974
rehabilitation, repair, or maintenance of housing accommodations	3975
because of race, color, religion, sex, familial status, ancestry,	3976
disability, or national origin or because of the racial	3977
composition of the neighborhood in which the housing	3978
accommodations are located;	3979

(6) Refuse to consider without prejudice the combined income	3980
of both husband and wife for the purpose of extending mortgage	3981
credit to a married couple or either member of a married couple;	3982

(7) Print, publish, or circulate any statement or	3983
advertisement, or make or cause to be made any statement or	3984
advertisement, relating to the sale, transfer, assignment, rental,	3985
lease, sublease, or acquisition of any housing accommodations, or	3986
relating to the loan of money, whether or not secured by mortgage	3987
or otherwise, for the acquisition, construction, rehabilitation,	3988
repair, or maintenance of housing accommodations, that indicates	3989
any preference, limitation, specification, or discrimination based	3990
upon race, color, religion, sex, familial status, ancestry,	3991
disability, or national origin, or an intention to make any such	3992
preference, limitation, specification, or discrimination;	3993

(8) Except as otherwise provided in division (H)(8) or (17)	3994
of this section, make any inquiry, elicit any information, make or	3995
keep any record, or use any form of application containing	3996
questions or entries concerning race, color, religion, sex,	3997
familial status, ancestry, disability, or national origin in	3998
connection with the sale or lease of any housing accommodations or	3999
the loan of any money, whether or not secured by mortgage or	4000
otherwise, for the acquisition, construction, rehabilitation,	4001
repair, or maintenance of housing accommodations. Any person may	4002
make inquiries, and make and keep records, concerning race, color,	4003
religion, sex, familial status, ancestry, disability, or national	4004
origin for the purpose of monitoring compliance with this chapter.	4005

(9) Include in any transfer, rental, or lease of housing	4006
accommodations any restrictive covenant, or honor or exercise, or	4007
attempt to honor or exercise, any restrictive covenant;	4008

(10) Induce or solicit, or attempt to induce or solicit, a	4009
housing accommodations listing, sale, or transaction by	4010
representing that a change has occurred or may occur with respect	4011
to the racial, religious, sexual, familial status, or ethnic	4012
composition of the block, neighborhood, or other area in which the	4013
housing accommodations are located, or induce or solicit, or	4014
attempt to induce or solicit, a housing accommodations listing,	4015
sale, or transaction by representing that the presence or	4016
anticipated presence of persons of any race, color, religion, sex,	4017
familial status, ancestry, disability, or national origin, in the	4018
block, neighborhood, or other area will or may have results	4019
including, but not limited to, the following:	4020

(a) The lowering of property values;

4021

(b) A change in the racial, religious, sexual, familial	4022
status, or ethnic composition of the block, neighborhood, or other	4023
area;	4024

(c) An increase in criminal or antisocial behavior in the	4025
block, neighborhood, or other area;	4026

(d) A decline in the quality of the schools serving the	4027
block, neighborhood, or other area.	4028

(11) Deny any person access to or membership or	4029
participation in any multiple-listing service, real estate	4030
brokers' organization, or other service, organization, or facility	4031
relating to the business of selling or renting housing	4032
accommodations, or discriminate against any person in the terms or	4033
conditions of that access, membership, or participation, on	4034
account of race, color, religion, sex, familial status, national	4035
origin, disability, or ancestry;	4036

(12) Coerce, intimidate, threaten, or interfere with any	4037
person in the exercise or enjoyment of, or on account of that	4038
person's having exercised or enjoyed or having aided or encouraged	4039
any other person in the exercise or enjoyment of, any right	4040
granted or protected by division (H) of this section;	4041

(13) Discourage or attempt to discourage the purchase by a	4042
prospective purchaser of housing accommodations, by representing	4043
that any block, neighborhood, or other area has undergone or might	4044
undergo a change with respect to its religious, racial, sexual,	4045
familial status, or ethnic composition;	4046

(14) Refuse to sell, transfer, assign, rent, lease,	4047
sublease, or finance, or otherwise deny or withhold, a burial lot	4048
from any person because of the race, color, sex, familial status,	4049
age, ancestry, disability, or national origin of any prospective	4050
owner or user of the lot;	4051

(15) Discriminate in the sale or rental of, or otherwise	4052
make unavailable or deny, housing accommodations to any buyer or	4053
renter because of a disability of any of the following:	4054

(a) The buyer or renter;

4055

(b) A person residing in or intending to reside in the	4056
housing accommodations after they are sold, rented, or made	4057
available;	4058

(c) Any individual associated with the person described in	4059
division (H)(15)(b) of this section.	4060

(16) Discriminate in the terms, conditions, or privileges of	4061
the sale or rental of housing accommodations to any person or in	4062
the provision of services or facilities to any person in	4063
connection with the housing accommodations because of a disability	4064
of any of the following:	4065

(a) That person;

4066

(b) A person residing in or intending to reside in the	4067
housing accommodations after they are sold, rented, or made	4068
available;	4069

(c) Any individual associated with the person described in	4070
division (H)(16)(b) of this section.	4071

(17) Except as otherwise provided in division (H)(17) of	4072
this section, make an inquiry to determine whether an applicant	4073
for the sale or rental of housing accommodations, a person	4074
residing in or intending to reside in the housing accommodations	4075
after they are sold, rented, or made available, or any individual	4076
associated with that person has a disability, or make an inquiry	4077
to determine the nature or severity of a disability of the	4078
applicant or such a person or individual. The following inquiries	4079
may be made of all applicants for the sale or rental of housing	4080
accommodations, regardless of whether they have disabilities:	4081

(a) An inquiry into an applicant's ability to meet the	4082
requirements of ownership or tenancy;	4083

(b) An inquiry to determine whether an applicant is	4084
qualified for housing accommodations available only to persons	4085
with disabilities or persons with a particular type of disability;	4086

(c) An inquiry to determine whether an applicant is	4087
qualified for a priority available to persons with disabilities or	4088
persons with a particular type of disability;	4089

(d) An inquiry to determine whether an applicant currently	4090
uses a controlled substance in violation of section 2925.11 of the	4091
Revised Code or a substantively comparable municipal ordinance;	4092

(e) An inquiry to determine whether an applicant at any time	4093
has been convicted of or pleaded guilty to any offense, an element	4094
of which is the illegal sale, offer to sell, cultivation,	4095
manufacture, other production, shipment, transportation, delivery,	4096
or other distribution of a controlled substance.	4097

(18)(a) Refuse to permit, at the expense of a person with a	4098
disability, reasonable modifications of existing housing	4099
accommodations that are occupied or to be occupied by the person	4100
with a disability, if the modifications may be necessary to afford	4101
the person with a disability full enjoyment of the housing	4102
accommodations. This division does not preclude a landlord of	4103
housing accommodations that are rented or to be rented to a	4104
disabled tenant from conditioning permission for a proposed	4105
modification upon the disabled tenant's doing one or more of the	4106
following:	4107

(i) Providing a reasonable description of the proposed	4108
modification and reasonable assurances that the proposed	4109
modification will be made in a workerlike manner and that any	4110
required building permits will be obtained prior to the	4111
commencement of the proposed modification;	4112

(ii) Agreeing to restore at the end of the tenancy the	4113
interior of the housing accommodations to the condition they were	4114
in prior to the proposed modification, but subject to reasonable	4115
wear and tear during the period of occupancy, if it is reasonable	4116
for the landlord to condition permission for the proposed	4117
modification upon the agreement;	4118

(iii) Paying into an interest-bearing escrow account that is	4119
in the landlord's name, over a reasonable period of time, a	4120
reasonable amount of money not to exceed the projected costs at	4121
the end of the tenancy of the restoration of the interior of the	4122
housing accommodations to the condition they were in prior to the	4123
proposed modification, but subject to reasonable wear and tear	4124
during the period of occupancy, if the landlord finds the account	4125
reasonably necessary to ensure the availability of funds for the	4126
restoration work. The interest earned in connection with an	4127
escrow account described in this division shall accrue to the	4128
benefit of the disabled tenant who makes payments into the	4129
account.	4130

(b) A landlord shall not condition permission for a proposed	4131
modification upon a disabled tenant's payment of a security	4132
deposit that exceeds the customarily required security deposit of	4133
all tenants of the particular housing accommodations.	4134

(19) Refuse to make reasonable accommodations in rules,	4135
policies, practices, or services when necessary to afford a person	4136
with a disability equal opportunity to use and enjoy a dwelling	4137
unit, including associated public and common use areas;	4138

(20) Fail to comply with the standards and rules adopted	4139
under division (A) of section 3781.111 of the Revised Code;	4140

(21) Discriminate against any person in the selling,	4141
brokering, or appraising of real property because of race, color,	4142
religion, sex, familial status, ancestry, disability, or national	4143
origin;	4144

(22) Fail to design and construct covered multifamily	4145
dwellings for first occupancy on or after June 30, 1992, in	4146
accordance with the following conditions:	4147

(a) The dwellings shall have at least one building entrance	4148
on an accessible route, unless it is impractical to do so because	4149
of the terrain or unusual characteristics of the site.	4150

(b) With respect to dwellings that have a building entrance	4151
on an accessible route, all of the following apply:	4152

(i) The public use areas and common use areas of the	4153
dwellings shall be readily accessible to and usable by persons	4154
with a disability.	4155

(ii) All the doors designed to allow passage into and within	4156
all premises shall be sufficiently wide to allow passage by	4157
persons with a disability who are in wheelchairs.	4158

(iii) All premises within covered multifamily dwelling units	4159
shall contain an accessible route into and through the dwelling;	4160
all light switches, electrical outlets, thermostats, and other	4161
environmental controls within such units shall be in accessible	4162
locations; the bathroom walls within such units shall contain	4163
reinforcements to allow later installation of grab bars; and the	4164
kitchens and bathrooms within such units shall be designed and	4165
constructed in a manner that enables an individual in a wheelchair	4166
to maneuver about such rooms.	4167

For purposes of division (H)(22) of this section, "covered	4168
multifamily dwellings" means buildings consisting of four or more	4169
units if such buildings have one or more elevators and ground	4170
floor units in other buildings consisting of four or more units.	4171

(I) For any person to discriminate in any manner against any	4172
other person because that person has opposed any unlawful	4173
discriminatory practice defined in this section or because that	4174
person has made a charge, testified, assisted, or participated in	4175
any manner in any investigation, proceeding, or hearing under	4176
sections 4112.01 to 4112.07 of the Revised Code.	4177

(J) For any person to aid, abet, incite, compel, or coerce	4178
the doing of any act declared by this section to be an unlawful	4179
discriminatory practice, to obstruct or prevent any person from	4180
complying with this chapter or any order issued under it, or to	4181
attempt directly or indirectly to commit any act declared by this	4182
section to be an unlawful discriminatory practice.	4183

(K)(1) Nothing in division (H) of this section shall bar any	4184
religious or denominational institution or organization, or any	4185
nonprofit charitable or educational organization that is operated,	4186
supervised, or controlled by or in connection with a religious	4187
organization, from limiting the sale, rental, or occupancy of	4188
housing accommodations that it owns or operates for other than a	4189
commercial purpose to persons of the same religion, or from giving	4190
preference in the sale, rental, or occupancy of such housing	4191
accommodations to persons of the same religion, unless membership	4192
in the religion is restricted on account of race, color, or	4193
national origin.	4194

(2) Nothing in division (H) of this section shall bar any	4195
bona fide private or fraternal organization that, incidental to	4196
its primary purpose, owns or operates lodgings for other than a	4197
commercial purpose, from limiting the rental or occupancy of the	4198
lodgings to its members or from giving preference to its members.	4199

(3) Nothing in division (H) of this section limits the	4200
applicability of any reasonable local, state, or federal	4201
restrictions regarding the maximum number of occupants permitted	4202
to occupy housing accommodations. Nothing in that division	4203
prohibits the owners or managers of housing accommodations from	4204
implementing reasonable occupancy standards based on the number	4205
and size of sleeping areas or bedrooms and the overall size of a	4206
dwelling unit, provided that the standards are not implemented to	4207
circumvent the purposes of this chapter and are formulated,	4208
implemented, and interpreted in a manner consistent with this	4209
chapter and any applicable local, state, or federal restrictions	4210
regarding the maximum number of occupants permitted to occupy	4211
housing accommodations.	4212

(4) Nothing in division (H) of this section requires that	4213
housing accommodations be made available to an individual whose	4214
tenancy would constitute a direct threat to the health or safety	4215
of other individuals or whose tenancy would result in substantial	4216
physical damage to the property of others.	4217

(5) Nothing in division (H) of this section pertaining to	4218
discrimination on the basis of familial status shall be construed	4219
to apply to any of the following:	4220

(a) Housing accommodations provided under any state or	4221
federal program that have been determined under the "Fair Housing	4222
Amendments Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as	4223
amended, to be specifically designed and operated to assist	4224
elderly persons;	4225

(b) Housing accommodations intended for and solely occupied	4226
by persons who are sixty-two years of age or older;	4227

(c) Housing accommodations intended and operated for	4228
occupancy by at least one person who is fifty-five years of age or	4229
older per unit, as determined under the "Fair Housing Amendments	4230
Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as amended.	4231

(L) Nothing in divisions (A) to (E) of this section shall be	4232
construed to require a person with a disability to be employed or	4233
trained under circumstances that would significantly increase the	4234
occupational hazards affecting either the person with a	4235
disability, other employees, the general public, or the facilities	4236
in which the work is to be performed, or to require the employment	4237
or training of a person with a disability in a job that requires	4238
the person with a disability routinely to undertake any task, the	4239
performance of which is substantially and inherently impaired by	4240
the person's disability.	4241

(M) Nothing in divisions (H)(1) to (18) of this section	4242
shall be construed to require any person selling or renting	4243
property to modify the property in any way or to exercise a higher	4244
degree of care for a person with a disability, to relieve any	4245
person with a disability of any obligation generally imposed on	4246
all persons regardless of disability in a written lease, rental	4247
agreement, or contract of purchase or sale, or to forbid	4248
distinctions based on the inability to fulfill the terms and	4249
conditions, including financial obligations, of the lease,	4250
agreement, or contract.	4251

(N) An aggrieved individual may enforce the individual's	4252
rights relative to discrimination on the basis of age as provided	4253
for in this section by instituting a civil action, within two	4254
years one hundred eighty days after the alleged unlawful	4255
discriminatory practice occurred, in any court with jurisdiction	4256
for any legal or equitable relief that will effectuate the	4257
individual's rights.	4258

A person who files a civil action under this division is	4259
barred, with respect to the practices complained of, from	4260
instituting a civil action under section 4112.14 of the Revised	4261
Code and from filing a charge with the commission under section	4262
4112.05 of the Revised Code.	4263

(O) With regard to age, it shall not be an unlawful	4264
discriminatory practice and it shall not constitute a violation of	4265
division (A) of section 4112.14 of the Revised Code for any	4266
employer, employment agency, joint labor-management committee	4267
controlling apprenticeship training programs, or labor	4268
organization to do any of the following:	4269

(1) Establish bona fide employment qualifications reasonably	4270
related to the particular business or occupation that may include	4271
standards for skill, aptitude, physical capability, intelligence,	4272
education, maturation, and experience;	4273

(2) Observe the terms of a bona fide seniority system or any	4274
bona fide employee benefit plan, including, but not limited to, a	4275
retirement, pension, or insurance plan, that is not a subterfuge	4276
to evade the purposes of this section. However, no such employee	4277
benefit plan shall excuse the failure to hire any individual, and	4278
no such seniority system or employee benefit plan shall require or	4279
permit the involuntary retirement of any individual, because of	4280
the individual's age except as provided for in the "Age	4281
Discrimination in Employment Act Amendment of 1978," 92 Stat. 189,	4282
29 U.S.C.A. 623, as amended by the "Age Discrimination in	4283
Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A.	4284
623, as amended.	4285

(3) Retire an employee who has attained sixty-five years of	4286
age who, for the two-year period immediately before retirement, is	4287
employed in a bona fide executive or a high policymaking position,	4288
if the employee is entitled to an immediate nonforfeitable annual	4289
retirement benefit from a pension, profit-sharing, savings, or	4290
deferred compensation plan, or any combination of those plans, of	4291
the employer of the employee, which equals, in the aggregate, at	4292
least forty-four thousand dollars, in accordance with the	4293
conditions of the "Age Discrimination in Employment Act Amendment	4294
of 1978," 92 Stat. 189, 29 U.S.C.A. 631, as amended by the "Age	4295
Discrimination in Employment Act Amendments of 1986," 100 Stat.	4296
3342, 29 U.S.C.A. 631, as amended;	4297

(4) Observe the terms of any bona fide apprenticeship	4298
program if the program is registered with the Ohio apprenticeship	4299
council pursuant to sections 4139.01 to 4139.06 of the Revised	4300
Code and is approved by the federal committee on apprenticeship of	4301
the United States department of labor.	4302

(P) Nothing in this chapter prohibiting age discrimination	4303
and nothing in division (A) of section 4112.14 of the Revised Code	4304
shall be construed to prohibit the following:	4305

(1) The designation of uniform age the attainment of which	4306
is necessary for public employees to receive pension or other	4307
retirement benefits pursuant to Chapter 145., 742., 3307., 3309.,	4308
or 5505. of the Revised Code;	4309

(2) The mandatory retirement of uniformed patrol officers of	4310
the state highway patrol as provided in section 5505.16 of the	4311
Revised Code;	4312

(3) The maximum age requirements for appointment as a patrol	4313
officer in the state highway patrol established by section 5503.01	4314
of the Revised Code;	4315

(4) The maximum age requirements established for original	4316
appointment to a police department or fire department in sections	4317
124.41 and 124.42 of the Revised Code;	4318

(5) Any maximum age not in conflict with federal law that	4319
may be established by a municipal charter, municipal ordinance, or	4320
resolution of a board of township trustees for original	4321
appointment as a police officer or firefighter;	4322

(6) Any mandatory retirement provision not in conflict with	4323
federal law of a municipal charter, municipal ordinance, or	4324
resolution of a board of township trustees pertaining to police	4325
officers and firefighters;	4326

(7) Until January 1, 1994, the mandatory retirement of any	4327
employee who has attained seventy years of age and who is serving	4328
under a contract of unlimited tenure, or similar arrangement	4329
providing for unlimited tenure, at an institution of higher	4330
education as defined in the "Education Amendments of 1980," 94	4331
Stat. 1503, 20 U.S.C.A. 1141(a).	4332

(Q)(1)(a) Except as provided in division (Q)(1)(b) of this	4333
section, for purposes of divisions (A) to (E) of this section, a	4334
disability does not include any physiological disorder or	4335
condition, mental or psychological disorder, or disease or	4336
condition caused by an illegal use of any controlled substance by	4337
an employee, applicant, or other person, if an employer,	4338
employment agency, personnel placement service, labor	4339
organization, or joint labor-management committee acts on the	4340
basis of that illegal use.	4341

(b) Division (Q)(1)(a) of this section does not apply to an	4342
employee, applicant, or other person who satisfies any of the	4343
following:	4344

(i) The employee, applicant, or other person has	4345
successfully completed a supervised drug rehabilitation program	4346
and no longer is engaging in the illegal use of any controlled	4347
substance, or the employee, applicant, or other person otherwise	4348
successfully has been rehabilitated and no longer is engaging in	4349
that illegal use.	4350

(ii) The employee, applicant, or other person is	4351
participating in a supervised drug rehabilitation program and no	4352
longer is engaging in the illegal use of any controlled substance.	4353

(iii) The employee, applicant, or other person is	4354
erroneously regarded as engaging in the illegal use of any	4355
controlled substance, but the employee, applicant, or other person	4356
is not engaging in that illegal use.	4357

(2) Divisions (A) to (E) of this section do not prohibit an	4358
employer, employment agency, personnel placement service, labor	4359
organization, or joint labor-management committee from doing any	4360
of the following:	4361

(a) Adopting or administering reasonable policies or	4362
procedures, including, but not limited to, testing for the illegal	4363
use of any controlled substance, that are designed to ensure that	4364
an individual described in division (Q)(1)(b)(i) or (ii) of this	4365
section no longer is engaging in the illegal use of any controlled	4366
substance;	4367

(b) Prohibiting the illegal use of controlled substances and	4368
the use of alcohol at the workplace by all employees;	4369

(c) Requiring that employees not be under the influence of	4370
alcohol or not be engaged in the illegal use of any controlled	4371
substance at the workplace;	4372

(d) Requiring that employees behave in conformance with the	4373
requirements established under "The Drug-Free Workplace Act of	4374
1988," 102 Stat. 4304, 41 U.S.C.A. 701, as amended;	4375

(e) Holding an employee who engages in the illegal use of	4376
any controlled substance or who is an alcoholic to the same	4377
qualification standards for employment or job performance, and the	4378
same behavior, to which the employer, employment agency, personnel	4379
placement service, labor organization, or joint labor-management	4380
committee holds other employees, even if any unsatisfactory	4381
performance or behavior is related to an employee's illegal use of	4382
a controlled substance or alcoholism;	4383

(f) Exercising other authority recognized in the "Americans	4384
with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101,	4385
as amended, including, but not limited to, requiring employees to	4386
comply with any applicable federal standards.	4387

(3) For purposes of this chapter, a test to determine the	4388
illegal use of any controlled substance does not include a medical	4389
examination.	4390

(4) Division (Q) of this section does not encourage,	4391
prohibit, or authorize, and shall not be construed as encouraging,	4392
prohibiting, or authorizing, the conduct of testing for the	4393
illegal use of any controlled substance by employees, applicants,	4394
or other persons, or the making of employment decisions based on	4395
the results of that type of testing.	4396

Sec. 4112.14.  (A) No employer shall discriminate in any job	4397
opening against any applicant or discharge without just cause any	4398
employee aged forty or older who is physically able to perform the	4399
duties and otherwise meets the established requirements of the job	4400
and laws pertaining to the relationship between employer and	4401
employee.	4402

(B) Any person aged forty or older who is discriminated	4403
against in any job opening or discharged without just cause by an	4404
employer in violation of division (A) of this section may	4405
institute a civil action against the employer in a court of	4406
competent jurisdiction. If the court finds that an employer has	4407
discriminated on the basis of age, the court shall order an	4408
appropriate remedy which shall include reimbursement to him the	4409
applicant or employee for the costs, including reasonable attorney	4410
attorney's fees, of the action, or to reinstate the employee in	4411
his the employee's former position with compensation for lost	4412
wages and any lost fringe benefits from the date of the illegal	4413
discharge and to reimburse him the employee for the costs,	4414
including reasonable attorney attorney's fees, of the action. The	4415
remedies available under this section are coexistent with remedies	4416
available pursuant to sections 4112.01 to 4112.11 of the Revised	4417
Code; except that any person instituting a civil action under this	4418
section is, with respect to the practices complained of, thereby	4419
barred from instituting a civil action under division (N) of	4420
section 4112.02 of the Revised Code or from filing a charge with	4421
the Ohio civil rights commission under section 4112.05 of the	4422
Revised Code.	4423

(C) The cause of action described in division (B) of this	4424
section and any remedies available pursuant to sections 4112.01	4425
to 4112.11 of the Revised Code shall not be available in the case	4426
of discharges where the employee has available to him the employee	4427
the opportunity to arbitrate the discharge or where a discharge	4428
has been arbitrated and has been found to be for just cause.	4429

Sec. 4112.99.  Whoever violates this chapter is subject to a	4430
civil action for damages, injunctive relief, or any other	4431
appropriate relief.	4432

Sec. 4113.52.  (A)(1)(a) If an employee becomes aware in the	4433
course of his the employee's employment of a violation of any	4434
state or federal statute or any ordinance or regulation of a	4435
political subdivision that his the employee's employer has	4436
authority to correct, and the employee reasonably believes that	4437
the violation either is a criminal offense that is likely to cause	4438
an imminent risk of physical harm to persons or a hazard to public	4439
health or safety or is a felony, the employee orally shall notify	4440
his the employee's supervisor or other responsible officer of his	4441
the employee's employer of the violation and subsequently shall	4442
file with that supervisor or officer a written report that	4443
provides sufficient detail to identify and describe the violation.	4444
If the employer does not correct the violation or make a	4445
reasonable and good faith effort to correct the violation within	4446
twenty-four hours after the oral notification or the receipt of	4447
the report, whichever is earlier, the employee may file a written	4448
report that provides sufficient detail to identify and describe	4449
the violation with the prosecuting authority of the county or	4450
municipal corporation where the violation occurred, with a peace	4451
officer, with the inspector general if the violation is within his	4452
the inspector general's jurisdiction, or with any other	4453
appropriate public official or agency that has regulatory	4454
authority over the employer and the industry, trade, or business	4455
in which he the employer is engaged.	4456

(b) If an employee makes a report under division (A)(1)(a)	4457
of this section, the employer, within twenty-four hours after the	4458
oral notification was made or the report was received or by the	4459
close of business on the next regular business day following the	4460
day on which the oral notification was made or the report was	4461
received, whichever is later, shall notify the employee, in	4462
writing, of any effort of the employer to correct the alleged	4463
violation or hazard or of the absence of the alleged violation or	4464
hazard.	4465

(2) If an employee becomes aware in the course of his the	4466
employee's employment of a violation of chapter 3704., 3734.,	4467
6109., Or 6111. Of the revised code that is a criminal offense,	4468
the employee directly may notify, either orally or in writing, any	4469
appropriate public official or agency that has regulatory	4470
authority over the employer and the industry, trade, or business	4471
in which he the employer is engaged.	4472

(3) If an employee becomes aware in the course of his the	4473
employee's employment of a violation by a fellow employee of any	4474
state or federal statute, any ordinance or regulation of a	4475
political subdivision, or any work rule or company policy of his	4476
the employee's employer and the employee reasonably believes that	4477
the violation either is a criminal offense that is likely to cause	4478
an imminent risk of physical harm to persons or a hazard to public	4479
health or safety or is a felony, the employee orally shall notify	4480
his the employee's supervisor or other responsible officer of his	4481
the employee's employer of the violation and subsequently shall	4482
file with that supervisor or officer a written report that	4483
provides sufficient detail to identify and describe the violation.	4484

(B) Except as otherwise provided in division (C) of this	4485
section, no employer shall take any disciplinary or retaliatory	4486
action against an employee for making any report authorized by	4487
division (A)(1) or (2) of this section, or as a result of the	4488
employee's having made any inquiry or taken any other action to	4489
ensure the accuracy of any information reported under either such	4490
division. No employer shall take any disciplinary or retaliatory	4491
action against an employee for making any report authorized by	4492
division (A)(3) of this section if the employee made a reasonable	4493
and good faith effort to determine the accuracy of any information	4494
so reported, or as a result of the employee's having made any	4495
inquiry or taken any other action to ensure the accuracy of any	4496
information reported under that division. For purposes of this	4497
division, disciplinary or retaliatory action by the employer	4498
includes, without limitation, doing any of the following:	4499

(1) Removing or suspending the employee from employment;

4500

(2) Withholding from the employee salary increases or	4501
employee benefits to which the employee is otherwise entitled;	4502

(3) Transferring or reassigning the employee;

4503

(4) Denying the employee a promotion that otherwise would	4504
have been received;	4505

(5) Reducing the employee in pay or position.

4506

(C) An employee shall make a reasonable and good faith	4507
effort to determine the accuracy of any information reported under	4508
division (A)(1) or (2) of this section. If the employee who makes	4509
a report under either division fails to make such an effort, he	4510
the employee may be subject to disciplinary action by his the	4511
employee's employer, including suspension or removal, for	4512
reporting information without a reasonable basis to do so under	4513
division (A)(1) or (2) of this section.	4514

(D) If an employer takes any disciplinary or retaliatory	4515
action against an employee as a result of the employee's having	4516
filed a report under division (A) of this section, the employee	4517
may bring a civil action for appropriate injunctive relief or for	4518
the remedies set forth in division (E) of this section, or both,	4519
within one hundred eighty days after the date the disciplinary or	4520
retaliatory action was taken, in a court of common pleas in	4521
accordance with the Rules of Civil Procedure. A civil action	4522
under this division is not available to an employee as a remedy	4523
for any disciplinary or retaliatory action taken by an appointing	4524
authority against the employee as a result of the employee's	4525
having filed a report under division (A) of section 124.341 of the	4526
Revised Code.	4527

(E) The court, in rendering a judgment for the employee in	4528
an action brought pursuant to division (D) of this section, may	4529
order, as it determines appropriate, reinstatement of the employee	4530
to the same position he that the employee held at the time of the	4531
disciplinary or retaliatory action and at the same site of	4532
employment or to a comparable position at that site, the payment	4533
of back wages, full reinstatement of fringe benefits and seniority	4534
rights, or any combination of these remedies. The court also may	4535
award the prevailing party all or a portion of the costs of	4536
litigation, and, if the employee who brought the action prevails	4537
in the action, may award the prevailing employee reasonable	4538
attorney's fees, witness fees, and fees for experts who testify at	4539
trial, in an amount the court determines appropriate. If the	4540
court determines that an employer deliberately has violated	4541
division (B) of this section, the court, in making an award of	4542
back pay, may include interest at the rate specified in section	4543
1343.03 of the Revised Code.	4544

(F) Any report filed with the inspector general under this	4545
section shall be filed as a complaint in accordance with section	4546
121.46 of the Revised Code.	4547

Sec. 4171.10.  The express assumption of risk set forth in	4548
section 4171.09 of the Revised Code shall serve as a complete	4549
defense to a suit against an operator by a roller skater for	4550
injuries resulting from the assumed risks of roller skating. The	4551
comparative negligence provisions of section 2315.19 of the	4552
Revised Code shall not apply unless the operator has breached his	4553
the operator's duties pursuant to sections 4171.06 and 4171.07 of	4554
the Revised Code.	4555

Sec. 4399.18.  Notwithstanding section 2307.60 of the Revised	4556
Code and except as otherwise provided in this section and in	4557
section 4399.01 of the Revised Code, no person, and no executor or	4558
administrator of the person, who suffers personal injury, death,	4559
or property damage as a result of the actions of an intoxicated	4560
person has a cause of action against any liquor permit holder or	4561
his an employee of a liquor permit holder who sold beer or	4562
intoxicating liquor to the intoxicated person unless the injury,	4563
death, or property damage occurred on the permit holder's premises	4564
or in a parking lot under his the control of the permit holder and	4565
was proximately caused by the negligence of the permit holder or	4566
his employees an employee of the permit holder. A person has a	4567
cause of action against a permit holder or his an employee of a	4568
permit holder for personal injury, death, or property damage	4569
caused by the negligent actions of an intoxicated person occurring	4570
off the premises or away from a parking lot under the permit	4571
holder's control only when both of the following can be shown by a	4572
preponderance of the evidence:	4573

(A) The permit holder or his an employee of the permit	4574
holder knowingly sold an intoxicating beverage to at least one of	4575
the following:	4576

(1) A noticeably intoxicated person in violation of division	4577
(B) of section 4301.22 of the Revised Code;	4578

(2) A person in violation of division (C) of section 4301.22	4579
of the Revised Code;	4580

(3) A person in violation of section 4301.69 of the Revised	4581
Code;.	4582

(B) The person's intoxication proximately caused the	4583
personal injury, death, or property damage.	4584

Notwithstanding sections 4399.02 and 4399.05 of the Revised	4585
Code, no person, and no executor or administrator of the person,	4586
who suffers personal injury, death, or property damage as a result	4587
of the actions of an intoxicated person has a cause of action	4588
against the owner of a building or premises who rents or leases	4589
the building or premises to a liquor permit holder against whom a	4590
cause of action may be brought under this section, except when the	4591
owner and the permit holder are the same person.	4592

Sec. 4507.07.  (A) The registrar of motor vehicles shall not	4593
grant the application of any minor under eighteen years of age for	4594
a probationary license, a restricted license, or a temporary	4595
instruction permit, unless the application is signed by one of the	4596
minor's parents, the minor's guardian, another person having	4597
custody of the applicant, or, if there is no parent or guardian, a	4598
responsible person who is willing to assume the obligation imposed	4599
under this section.	4600

At the time a minor under eighteen years of age submits an	4601
application for a license or permit at a driver's license	4602
examining station, the adult who signs the application shall	4603
present identification establishing that the adult is the	4604
individual whose signature appears on the application. The	4605
registrar shall prescribe, by rule, the types of identification	4606
that are suitable for the purposes of this paragraph. If the	4607
adult who signs the application does not provide identification as	4608
required by this paragraph, the application shall not be accepted.	4609

When a minor under eighteen years of age applies for a	4610
probationary license, a restricted license, or a temporary	4611
instruction permit, the registrar shall give the adult who signs	4612
the application notice of the potential liability that may be	4613
imputed to the adult pursuant to division (B) of this section and	4614
notice of how the adult may prevent any liability from being	4615
imputed to the adult pursuant to that division.	4616

(B) Any negligence, or willful or wanton misconduct, that is	4617
committed by a minor under eighteen years of age when driving a	4618
motor vehicle upon a highway shall be imputed to the person who	4619
has signed the application of the minor for a probationary	4620
license, restricted license, or temporary instruction permit,	4621
which person shall be jointly and severally liable with the minor	4622
for any damages caused by the negligence or the willful or wanton	4623
misconduct. This joint and several liability is not subject to	4624
division (D) of section 2315.19, division (F) of section 2315.20,	4625
or division (B) of section 2307.31 of the Revised Code with	4626
respect to a negligence or other tort claim that otherwise is	4627
subject to any of those sections that section.	4628

There shall be no imputed liability imposed under this	4629
division if a minor under eighteen years of age has proof of	4630
financial responsibility with respect to the operation of a motor	4631
vehicle owned by the minor or, if the minor is not the owner of a	4632
motor vehicle, with respect to the minor's operation of any motor	4633
vehicle, in the form and in the amounts required under Chapter	4634
4509. of the Revised Code.	4635

(C) Any person who has signed the application of a minor	4636
under eighteen years of age for a license or permit subsequently	4637
may surrender to the registrar the license or temporary	4638
instruction permit of the minor and request that the license or	4639
permit be canceled. The registrar then shall cancel the license	4640
or temporary instruction permit, and the person who signed the	4641
application of the minor shall be relieved from the liability	4642
imposed by division (B) of this section.	4643

(D) Any minor under eighteen years of age whose probationary	4644
license, restricted license, or temporary instruction permit is	4645
surrendered to the registrar by the person who signed the	4646
application for the license or permit and whose license or	4647
temporary instruction permit subsequently is canceled by the	4648
registrar may obtain a new license or temporary instruction permit	4649
without having to undergo the examinations otherwise required by	4650
sections 4507.11 and 4507.12 of the Revised Code and without	4651
having to tender the fee for that license or temporary instruction	4652
permit, if the minor is able to produce another parent, guardian,	4653
other person having custody of the minor, or other adult, and that	4654
adult is willing to assume the liability imposed under division	4655
(B) of this section. That adult shall comply with the procedures	4656
contained in division (A) of this section.	4657

Sec. 4513.263.  (A) As used in this section and in section	4658
4513.99 of the Revised Code:	4659

(1) "Automobile" means any commercial tractor, passenger	4660
car, commercial car, or truck that is required to be	4661
factory-equipped with an occupant restraining device for the	4662
operator or any passenger by regulations adopted by the United	4663
States secretary of transportation pursuant to the "National	4664
Traffic and Motor Vehicle Safety Act of 1966," 80 Stat. 719, 15	4665
U.S.C.A. 1392.	4666

(2) "Occupant restraining device" means a seat safety belt,	4667
shoulder belt, harness, or other safety device for restraining a	4668
person who is an operator of or passenger in an automobile and	4669
that satisfies the minimum federal vehicle safety standards	4670
established by the United States department of transportation.	4671

(3) "Passenger" means any person in an automobile, other	4672
than its operator, who is occupying a seating position for which	4673
an occupant restraining device is provided.	4674

(4) "Commercial tractor," "passenger car," and "commercial	4675
car" have the same meanings as in section 4501.01 of the Revised	4676
Code.	4677

(5) "Vehicle" and "motor vehicle," as used in the	4678
definitions of the terms set forth in division (A)(4) of this	4679
section, have the same meanings as in section 4511.01 of the	4680
Revised Code.	4681

(6) "Manufacturer" and "supplier" have the same meanings as	4682
in section 2307.71 of the Revised Code.	4683

(7) "Tort action" means a civil action for damages for	4684
injury, death, or loss to person or property. "Tort action"	4685
includes a product liability claim but does not include a civil	4686
action for damages for a breach of contract or another agreement	4687
between persons.	4688

(B) No person shall do any of the following:

4689

(1) Operate an automobile on any street or highway unless	4690
that person is wearing all of the available elements of a properly	4691
adjusted occupant restraining device, or operate a school bus that	4692
has an occupant restraining device installed for use in its	4693
operator's seat unless that person is wearing all of the available	4694
elements of the device, as properly adjusted;	4695

(2) Operate an automobile on any street or highway unless	4696
each passenger in the automobile who is subject to the requirement	4697
set forth in division (B)(3) of this section is wearing all of the	4698
available elements of a properly adjusted occupant restraining	4699
device;	4700

(3) Occupy, as a passenger, a seating position on the front	4701
seat of an automobile being operated on any street or highway	4702
unless that person is wearing all of the available elements of a	4703
properly adjusted occupant restraining device;	4704

(4) Operate a taxicab on any street or highway unless all	4705
factory-equipped occupant restraining devices in the taxicab are	4706
maintained in usable form.	4707

(C) Division (B)(3) of this section does not apply to a	4708
person who is required by section 4511.81 of the Revised Code to	4709
be secured in a child restraint device. Division (B)(1) of this	4710
section does not apply to a person who is an employee of the	4711
United States postal service or of a newspaper home delivery	4712
service, during any period in which the person is engaged in the	4713
operation of an automobile to deliver mail or newspapers to	4714
addressees. Divisions (B)(1) and (3) of this section do not apply	4715
to a person who has an affidavit signed by a physician licensed to	4716
practice in this state under Chapter 4731. of the Revised Code or	4717
a chiropractor licensed to practice in this state under Chapter	4718
4734. of the Revised Code that states that the person has a	4719
physical impairment that makes use of an occupant restraining	4720
device impossible or impractical.	4721

(D) Notwithstanding any provision of law to the contrary, no	4722
law enforcement officer shall cause an operator of an automobile	4723
being operated on any street or highway to stop the automobile for	4724
the sole purpose of determining whether a violation of division	4725
(B) of this section has been or is being committed or for the sole	4726
purpose of issuing a ticket, citation, or summons for a violation	4727
of that nature or causing the arrest of or commencing a	4728
prosecution of a person for a violation of that nature, and no law	4729
enforcement officer shall view the interior or visually inspect	4730
any automobile being operated on any street or highway for the	4731
sole purpose of determining whether a violation of that nature has	4732
been or is being committed.	4733

(E) All fines collected for violations of division (B) of	4734
this section, or for violations of any ordinance or resolution of	4735
a political subdivision that is substantively comparable to that	4736
division, shall be forwarded to the treasurer of state for deposit	4737
as follows:	4738

(1) Eight per cent shall be deposited into the seat belt	4739
education fund, which is hereby created in the state treasury, and	4740
shall be used by the department of public safety to establish a	4741
seat belt education program.	4742

(2) Eight per cent shall be deposited into the elementary	4743
school program fund, which is hereby created in the state	4744
treasury, and shall be used by the department of public safety to	4745
establish and administer elementary school programs that encourage	4746
seat safety belt use.	4747

(3) Two per cent shall be deposited into the Ohio ambulance	4748
licensing trust fund created by section 4766.05 of the Revised	4749
Code.	4750

(4) Twenty-eight per cent shall be deposited into the trauma	4751
and emergency medical services fund, which is hereby created in	4752
the state treasury, and shall be used by the department of public	4753
safety for the administration of the division of emergency medical	4754
services and the state board of emergency medical services.	4755

(5) Fifty-four per cent shall be deposited into the trauma	4756
and emergency medical services grants fund, which is hereby	4757
created in the state treasury, and shall be used by the state	4758
board of emergency medical services to make grants, in accordance	4759
with section 4765.07 of the Revised Code and rules the board	4760
adopts under section 4765.11 of the Revised Code.	4761

(F) The (1) Subject to division (F)(2) of this section, the	4762
failure of a person to wear all of the available elements of a	4763
properly adjusted occupant restraining device in violation of	4764
division (B)(1) or (3) of this section or the failure of a person	4765
to ensure that each minor who is a passenger of an automobile	4766
being operated by that the person is wearing all of the available	4767
elements of such a properly adjusted occupant restraining device,	4768
in violation of division (B)(2) of this section, shall not be	4769
considered by the trier of fact in a tort action or used as	4770
evidence of negligence or contributory negligence or other	4771
tortious conduct or considered for any other relevant purpose if	4772
the failure contributed to the harm alleged in the tort action and	4773
may, shall not diminish pursuant to section 2315.19 or 2315.20 of	4774
the Revised Code a recovery of compensatory for damages in a tort	4775
any civil action involving the person arising from the ownership,	4776
maintenance, or operation of an automobile; shall not be used as a	4777
basis for a criminal prosecution of the person other than a	4778
prosecution for a violation of this section; and shall not be	4779
admissible as evidence in a any civil or criminal action involving	4780
the person other than a prosecution for a violation of this	4781
section.	4782

(2) If, at the time of an accident involving a passenger car	4783
equipped with occupant restraining devices, any occupant of the	4784
passenger car who sustained injury or death was not wearing an	4785
available occupant restraining device, was not wearing all of the	4786
available elements of such a device, or was not wearing such a	4787
device as properly adjusted, then, consistent with the Rules of	4788
Evidence, the fact that the occupant was not wearing the available	4789
occupant restraining device, was not wearing all of the available	4790
elements of such a device, or was not wearing such a device as	4791
properly adjusted is admissible in evidence in relation to any	4792
claim for relief in a tort action to the extent that the claim for	4793
relief satisfies all of the following:	4794

(a) It seeks to recover damages for injury or death to the	4795
occupant.	4796

(b) The defendant in question is the manufacturer, designer,	4797
distributor, or seller of the passenger car.	4798

(c) The claim for relief against the defendant in question	4799
is that the injury or death sustained by the occupant was enhanced	4800
or aggravated by some design defect in the passenger car or that	4801
the passenger car was not crashworthy.	4802

(3) As used in division (F)(2) of this section, "tort	4803
action" means a civil action for damages for injury, death, or	4804
loss to person or property. "Tort action" includes a product	4805
liability claim that is subject to sections 2307.71 to 2307.80 of	4806
the Revised Code, but does not include a civil action for damages	4807
for a breach of a contract or another agreement between persons.	4808

Sec. 4582.27.  (A) A port authority created in accordance	4809
with section 4582.22 of the Revised Code shall be governed by a	4810
board of directors. Members of a board of directors of a port	4811
authority created by the exclusive action of a municipal	4812
corporation shall consist of the number of members it considers	4813
necessary and shall be appointed by the mayor with the advice and	4814
consent of the council. Members of a board of directors of a port	4815
authority created by the exclusive action of a township shall	4816
consist of such members as it considers necessary and shall be	4817
appointed by the township trustees of the township. Members of a	4818
board of directors of a port authority created by the exclusive	4819
action of a county shall consist of such members as it considers	4820
necessary and shall be appointed by the board of county	4821
commissioners of the county. Members of a board of directors of a	4822
port authority created by a combination of political subdivisions	4823
shall be divided among the political subdivisions in such	4824
proportions as the political subdivisions may agree and shall be	4825
appointed by the participating political subdivisions in the same	4826
manner as this section provides for the appointment of members by	4827
a political subdivision creating its own port authority. If a	4828
participating political subdivision is not authorized by section	4829
4582.22 of the Revised Code to create its own port authority, the	4830
political subdivision's elected legislative body, if the political	4831
subdivision has an elected legislative body, or the political	4832
subdivision's elected official or officials who appoint the	4833
legislative body of the political subdivision shall appoint the	4834
members of a board of directors of a port authority that are to be	4835
appointed by that political subdivision. If the electors of a	4836
participating political subdivision do not elect either the	4837
legislative body of the political subdivision or the official or	4838
officials who appoint the legislative body of the political	4839
subdivision, the participating political subdivision may not	4840
appoint any member of a board of directors of a port authority.	4841
When a port authority is created by a combination of political	4842
subdivisions, the number of directors comprising the board shall	4843
be determined by agreement between the political subdivisions,	4844
which number may be changed from time to time by amendment of the	4845
agreement. The appointing body may at any time remove a director	4846
appointed by it for misfeasance, nonfeasance, or malfeasance in	4847
office.	4848

A majority of the directors shall have been qualified	4849
electors of, or shall have had their businesses or places of	4850
employment in, one or more political subdivisions within the area	4851
of the jurisdiction of the port authority, for a period of at	4852
least three years next preceding their appointment.	4853

The directors of any port authority first appointed shall	4854
serve staggered terms. Thereafter each successor shall serve for	4855
a term of four years, except that any person appointed to fill a	4856
vacancy shall be appointed to only the unexpired term and any	4857
director is eligible for reappointment.	4858

The board of directors by rule may provide for the removal of	4859
a director who fails to attend three consecutive regular meetings	4860
of the board. If a director is so removed, a successor shall be	4861
appointed for the remaining term of the removed director in the	4862
same manner provided for the original appointment.	4863

The directors shall elect one of their membership as	4864
chairperson and another as vice-chairperson, and shall designate	4865
their terms of office, and shall appoint a secretary who need not	4866
be a director. A majority of the board of directors shall	4867
constitute a quorum, the affirmative vote of which shall be	4868
necessary for any action taken by the port authority. No vacancy	4869
in the membership of the board shall impair the rights of a quorum	4870
to exercise all the rights and perform all the duties of the port	4871
authority.	4872

Each member of the board of directors of a port authority	4873
shall be entitled to receive from the port authority such sum of	4874
money as the board of directors may determine as compensation for	4875
services as director and reimbursement for reasonable expenses in	4876
the performance of official duties.	4877

(B) Except for civil actions that arise out of the operation	4878
of a motor vehicle and civil actions in which the port authority	4879
is the plaintiff, no director, officer, or employee of a port	4880
authority shall be liable in any civil action that arises under	4881
the law of this state for damage or injury caused in the	4882
performance of his duties, unless the director's, officer's, or	4883
employee's actions were manifestly outside the scope of his	4884
employment or official responsibilities, or unless the director,	4885
officer, or employee acted with malicious purpose, in bad faith,	4886
or in a wanton or reckless manner.	4887

This division does not eliminate, limit, or reduce any	4888
immunity from civil liability that is conferred upon a director,	4889
officer, or employee by any other provision of the Revised Code or	4890
by case law.	4891

(C)(1) A port authority shall, except as provided in	4892
division (B) of this section, indemnify a director, officer, or	4893
employee from liability incurred in the performance of his duties	4894
by paying any judgment in, or amount negotiated in settlement of,	4895
any civil action arising under federal law, the law of another	4896
state, or the law of a foreign jurisdiction. The reasonableness	4897
of the amount of any consent judgment or settlement is subject to	4898
the review and approval of the board of the port authority. The	4899
maximum aggregate amount of indemnification paid directly from	4900
funds to or on behalf of any director, officer or employee	4901
pursuant to this division shall be one million dollars per	4902
occurrence, regardless of the number of persons who suffer damage,	4903
injury, or death as a result of the occurrence.	4904

(2) A port authority shall not indemnify a director,	4905
officer, or employee under any of the following circumstances:	4906

(a) To the extent the director, officer, or employee is	4907
covered by a policy of insurance for civil liability purchased by	4908
the port authority;	4909

(b) When the director, officer, or employee acts manifestly	4910
outside the scope of his employment or official responsibilities,	4911
with malicious purpose, in bad faith, or in a wanton or reckless	4912
manner;	4913

(c) For any portion of a judgment that represents punitive	4914
or exemplary damages;	4915

(d) For any portion of a consent judgment or settlement that	4916
is unreasonable.	4917

(3) The port authority may purchase a policy or policies of	4918
insurance on behalf of directors, officers, and employees of the	4919
port authority from an insurer or insurers licensed to do business	4920
in this state providing coverage for damages in connection with	4921
any civil action, demand, or claim against the director, officer,	4922
or employee by reason of an act or omission by the director,	4923
officer, or employee occurring in the performance of his duties	4924
and not coming within the terms of division (C)(2)(b) of this	4925
section.	4926

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

4927

(a) Any defense that would otherwise be available in an	4928
action alleging personal liability of a director, officer, or	4929
employee;	4930

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

4931

Sec. 4909.42.  If the proceeding on an application filed with	4932
the public utilities commission under section 4909.18 of the	4933
Revised Code by any public utility requesting an increase on any	4934
rate, joint rate, toll, classification, charge, or rental or	4935
requesting a change in a regulation or practice affecting the same	4936
has not been concluded and an order entered pursuant to section	4937
4909.19 of the Revised Code at the expiration of two hundred	4938
seventy-five days from the date of filing the application, the	4939
proposed increase shall go into effect upon the filing of an	4940
undertaking by the public utility. The undertaking shall be filed	4941
with the commission and shall be payable to the state for the use	4942
and benefit of the customers affected by the proposed increase or	4943
change.	4944

The undertaking must be signed by two of the officers of the	4945
utility, under oath, and must contain a promise to refund any	4946
amounts collected by the utility over the rate, joint rate, toll,	4947
classification, charge, or rental, as determined in the final	4948
order of the commission. All refunds shall include interest at	4949
the rate stated in section 1343.03 of the Revised Code. The	4950
refund shall be in the form of a temporary reduction in rates	4951
following the final order of the commission, and shall be	4952
accomplished in such manner as shall be prescribed by the	4953
commission in its final order. The commission shall exercise	4954
continuing and exclusive jurisdiction over such refunds.	4955

If the public utilities commission has not entered a final	4956
order within five hundred forty-five days from the date of the	4957
filing of an application for an increase in rates under section	4958
4909.18 of the Revised Code, a public utility shall have no	4959
obligation to make a refund of amounts collected after the five	4960
hundred forty-fifth day which exceed the amounts authorized by the	4961
commission's final order.	4962

Nothing in this section shall be construed to mitigate any	4963
duty of the commission to issue a final order under section	4964
4909.19 of the Revised Code.	4965

Sec. 5111.81.  (A) There is hereby established the pharmacy	4966
and therapeutics committee of the department of job and family	4967
services. The committee shall consist of eight members and shall	4968
be appointed by the director of job and family services. The	4969
membership of the committee shall include: two pharmacists	4970
licensed under Chapter 4729. of the Revised Code; two doctors of	4971
medicine and two doctors of osteopathy licensed under Chapter	4972
4731. of the Revised Code; a registered nurse licensed under	4973
Chapter 4723. of the Revised Code; and a pharmacologist who has a	4974
doctoral degree. The committee shall elect one of its members as	4975
chairperson.	4976

(B) In the absence of fraud or bad faith, neither the	4977
pharmacy and therapeutics committee nor a current or former	4978
member, agent, representative, employee, or independent contractor	4979
of the committee shall be held liable in damages to a person as	4980
the result of an act, omission, proceeding, conduct, or decision	4981
relating to the official duties undertaken or performed pursuant	4982
to this section or rules promulgated pursuant to section 111.15 or	4983
Chapter 119. of the Revised Code. If a current or former member,	4984
agent, representative, employee, or independent contractor of the	4985
committee requests the state to defend the current or former	4986
member, agent, representative, employee, or independent contractor	4987
against a claim or in an action arising out of an act, omission,	4988
proceeding, conduct, or decision relating to official duties	4989
undertaken or performed, if the request is made in writing at a	4990
reasonable time before the trial of the claim or in the action,	4991
and if the person requesting the defense cooperates in good faith	4992
in the defense of the claim or action, the state shall provide and	4993
pay for the defense of the claim or action and shall pay any	4994
resulting judgment, compromise, or settlement. The state shall	4995
not pay that part of a claim or judgment that is for punitive or	4996
exemplary damages.	4997

Sec. 5591.36.  The board of county commissioners shall erect	4998
and maintain, where not already done, one or more guardrails on	4999
each end of a county bridge, viaduct, or culvert more than five	5000
feet high and on each side of every approach to a county bridge,	5001
viaduct, or culvert, if the approach or embankment is more than	5002
six feet high. The board shall also protect, by suitable	5003
guardrails, all perpendicular wash banks more than eight feet in	5004
height, where such banks have an immediate connection with a	5005
public highway other than state highways, or are adjacent thereto	5006
in an unprotected condition.	5007

It shall be a sufficient compliance with this section, if the	5008
board causes to be erected and maintained a good stockproof hedge	5009
fence where a quardrail is required. Such guardrails or hedge	5010
fences shall be erected in a substantial manner, having sufficient	5011
strength to protect life and property, the expense thereof to be	5012
paid out of the county bridge fund.	5013

Sec. 5591.37.  Failure to comply with section 5591.36 of the	5014
Revised Code shall render the county liable for all accidents or	5015
damages as a result of such failure.	5016

Section 2.02. That all the following are repealed:

5017

(A) Existing sections 1701.95, 1707.01, 1901.18, 2101.31,	5018
2305.25, 2305.251, 2305.37, 2307.24, 2307.27, 2307.30, 2307.60,	5019
2307.61, 2313.46, 2315.07, 2315.08, 2315.18, 2315.23, 2315.24,	5020
2743.18, 2743.19, 2744.01, 2744.02, 2744.03, 2744.05, 3123.17,	5021
4112.02, 4507.07, 4513.263, 4582.27, and 5111.81 of the Revised	5022
Code;	5023

(B) Sections 109.36, 163.17, 723.01, 1343.03, 1775.14,	5024
1901.041, 1901.17, 1901.181, 1901.20, 1905.032, 2117.06, 2125.01,	5025
2125.02, 2125.04, 2305.01, 2305.10, 2305.11, 2305.16, 2305.35,	5026
2305.38, 2307.31, 2307.32, 2307.33, 2307.71, 2307.72, 2307.73,	5027
2307.75, 2307.78, 2307.80, 2315.01, 2315.18, 2315.19, 2315.20,	5028
2315.21, 2317.62, 2323.51, 2501.02, 2744.04, 2744.06, 3701.19,	5029
3722.08, 4112.14, 4112.99, 4113.52, 4171.10, 4399.18, 4909.42,	5030
5591.36, and 5591.37 of the Revised Code, as they result from	5031
Section 1 of Am. Sub. H.B. 350 of the 121st General Assembly;	5032

(C) Sections 901.52, 2101.163, 2151.542, 2303.202, 2305.011,	5033
2305.012, 2305.113, 2305.252, 2305.381, 2305.382, 2307.31,	5034
2307.42, 2307.43, 2307.48, 2307.791, 2307.792, 2307.80, 2309.01,	5035
2315.37, 2317.46, 2323.54, and 2323.59 of the Revised Code;	5036

(D) Sections 1901.262 and 1907.262 of the Revised Code, as	5037
enacted by Section 1 of Am. Sub. H.B. 350;	5038

(E) Section 2305.131 of the Revised Code, both as it results	5039
from and as it existed prior to its repeal and re-enactment by	5040
Sections 1 and 2 of Am. Sub. H.B. 350;	5041

(F) New sections 2307.31 and 2307.80 of the Revised Code, as	5042
enacted by Section 1 of Am. Sub. H.B. 350; and	5043

(G) Section 2317.45 of the Revised Code.	5044

Section 2.03. That sections 2744.01 and 2744.03 of the	5045
Revised Code as scheduled to take effect on January 1, 2002, be	5046
amended to read as follows:	5047

Sec. 2744.01.  As used in this chapter:

5048

(A) "Emergency call" means a call to duty, including, but	5049
not limited to, communications from citizens, police dispatches,	5050
and personal observations by peace officers of inherently	5051
dangerous situations that demand an immediate response on the part	5052
of a peace officer.	5053

(B) "Employee" means an officer, agent, employee, or	5054
servant, whether or not compensated or full-time or part-time, who	5055
is authorized to act and is acting within the scope of the	5056
officer's, agent's, employee's, or servant's employment for a	5057
political subdivision. "Employee" does not include an independent	5058
contractor and does not include any individual engaged by a school	5059
district pursuant to section 3319.301 of the Revised Code.	5060
"Employee" includes any elected or appointed official of a	5061
political subdivision. "Employee" also includes a person who has	5062
been convicted of or pleaded guilty to a criminal offense and who	5063
has been sentenced to perform community service work in a	5064
political subdivision whether pursuant to section 2951.02 of the	5065
Revised Code or otherwise, and a child who is found to be a	5066
delinquent child and who is ordered by a juvenile court pursuant	5067
to section 2152.19 or 2152.20 of the Revised Code to perform	5068
community service or community work in a political subdivision.	5069

(C)(1) "Governmental function" means a function of a	5070
political subdivision that is specified in division (C)(2) of this	5071
section or that satisfies any of the following:	5072

(a) A function that is imposed upon the state as an	5073
obligation of sovereignty and that is performed by a political	5074
subdivision voluntarily or pursuant to legislative requirement;	5075

(b) A function that is for the common good of all citizens	5076
of the state;	5077

(c) A function that promotes or preserves the public peace,	5078
health, safety, or welfare; that involves activities that are not	5079
engaged in or not customarily engaged in by nongovernmental	5080
persons; and that is not specified in division (G)(2) of this	5081
section as a proprietary function.	5082

(2) A "governmental function" includes, but is not limited	5083
to, the following:	5084

(a) The provision or nonprovision of police, fire, emergency	5085
medical, ambulance, and rescue services or protection;	5086

(b) The power to preserve the peace; to prevent and suppress	5087
riots, disturbances, and disorderly assemblages; to prevent,	5088
mitigate, and clean up releases of oil and hazardous and extremely	5089
hazardous substances as defined in section 3750.01 of the Revised	5090
Code; and to protect persons and property;	5091

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

5092

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

5093

(e) The regulation of the use of, and the maintenance and	5094
repair of, roads, highways, streets, avenues, alleys, sidewalks,	5095
bridges, aqueducts, viaducts, and public grounds;	5096

(f) Judicial, quasi-judicial, prosecutorial, legislative,	5097
and quasi-legislative functions;	5098

(g) The construction, reconstruction, repair, renovation,	5099
maintenance, and operation of buildings that are used in	5100
connection with the performance of a governmental function,	5101
including, but not limited to, office buildings and courthouses;	5102

(h) The design, construction, reconstruction, renovation,	5103
repair, maintenance, and operation of jails, places of juvenile	5104
detention, workhouses, or any other detention facility, as defined	5105
in section 2921.01 of the Revised Code;	5106

(i) The enforcement or nonperformance of any law;

5107

(j) The regulation of traffic, and the erection or	5108
nonerection of traffic signs, signals, or control devices;	5109

(k) The collection and disposal of solid wastes, as defined	5110
in section 3734.01 of the Revised Code, including, but not limited	5111
to, the operation of solid waste disposal facilities, as	5112
"facilities" is defined in that section, and the collection and	5113
management of hazardous waste generated by households. As used in	5114
division (C)(2)(k) of this section, "hazardous waste generated by	5115
households" means solid waste originally generated by individual	5116
households that is listed specifically as hazardous waste in or	5117
exhibits one or more characteristics of hazardous waste as defined	5118
by rules adopted under section 3734.12 of the Revised Code, but	5119
that is excluded from regulation as a hazardous waste by those	5120
rules.	5121

(l) The provision or nonprovision, planning or design,	5122
construction, or reconstruction of a public improvement,	5123
including, but not limited to, a sewer system;	5124

(m) The operation of a human services department or agency,	5125
including, but not limited to, the provision of assistance to aged	5126
and infirm persons and to persons who are indigent;	5127

(n) The operation of a health board, department, or agency,	5128
including, but not limited to, any statutorily required or	5129
permissive program for the provision of immunizations or other	5130
inoculations to all or some members of the public, provided that a	5131
"governmental function" does not include the supply, manufacture,	5132
distribution, or development of any drug or vaccine employed in	5133
any such immunization or inoculation program by any supplier,	5134
manufacturer, distributor, or developer of the drug or vaccine;	5135

(o) The operation of mental health facilities, mental	5136
retardation or developmental disabilities facilities, alcohol	5137
treatment and control centers, and children's homes or agencies;	5138

(p) The provision or nonprovision of inspection services of	5139
all types, including, but not limited to, inspections in	5140
connection with building, zoning, sanitation, fire, plumbing, and	5141
electrical codes, and the taking of actions in connection with	5142
those types of codes, including, but not limited to, the approval	5143
of plans for the construction of buildings or structures and the	5144
issuance or revocation of building permits or stop work orders in	5145
connection with buildings or structures;	5146

(q) Urban renewal projects and the elimination of slum	5147
conditions;	5148

(r) Flood control measures;

5149

(s) The design, construction, reconstruction, renovation,	5150
operation, care, repair, and maintenance of a township cemetery;	5151

(t) The issuance of revenue obligations under section 140.06	5152
of the Revised Code;	5153

(u) The design, construction, reconstruction, renovation,	5154
repair, maintenance, and operation of any park, playground,	5155
playfield, indoor recreational facility, zoo, zoological park,	5156
bath, swimming pool, pond, water park, wading pool, wave pool,	5157
water slide, and other type of aquatic facility, or golf course;	5158

(v) The provision of public defender services by a county or	5159
joint county public defender's office pursuant to Chapter 120. of	5160
the Revised Code;	5161

(w) A function that the general assembly mandates a	5162
political subdivision to perform.	5163

(D) "Law" means any provision of the constitution, statutes,	5164
or rules of the United States or of this state; provisions of	5165
charters, ordinances, resolutions, and rules of political	5166
subdivisions; and written policies adopted by boards of education.	5167
When used in connection with the "common law," this definition	5168
does not apply.	5169

(E) "Motor vehicle" has the same meaning as in section	5170
4511.01 of the Revised Code.	5171

(F) "Political subdivision" or "subdivision" means a	5172
municipal corporation, township, county, school district, or other	5173
body corporate and politic responsible for governmental activities	5174
in a geographic area smaller than that of the state. "Political	5175
subdivision" includes, but is not limited to, a county hospital	5176
commission appointed under section 339.14 of the Revised Code,	5177
regional planning commission created pursuant to section 713.21 of	5178
the Revised Code, county planning commission created pursuant to	5179
section 713.22 of the Revised Code, joint planning council created	5180
pursuant to section 713.231 of the Revised Code, interstate	5181
regional planning commission created pursuant to section 713.30 of	5182
the Revised Code, port authority created pursuant to section	5183
4582.02 or 4582.26 of the Revised Code or in existence on December	5184
16, 1964, regional council established by political subdivisions	5185
pursuant to Chapter 167. of the Revised Code, emergency planning	5186
district and joint emergency planning district designated under	5187
section 3750.03 of the Revised Code, joint emergency medical	5188
services district created pursuant to section 307.052 of the	5189
Revised Code, fire and ambulance district created pursuant to	5190
section 505.375 of the Revised Code, joint interstate emergency	5191
planning district established by an agreement entered into under	5192
that section, county solid waste management district and joint	5193
solid waste management district established under section 343.01	5194
or 343.012 of the Revised Code, and community school established	5195
under Chapter 3314. of the Revised Code.	5196

(G)(1) "Proprietary function" means a function of a	5197
political subdivision that is specified in division (G)(2) of this	5198
section or that satisfies both of the following:	5199

(a) The function is not one described in division (C)(1)(a)	5200
or (b) of this section and is not one specified in division (C)(2)	5201
of this section;	5202

(b) The function is one that promotes or preserves the	5203
public peace, health, safety, or welfare and that involves	5204
activities that are customarily engaged in by nongovernmental	5205
persons.	5206

(2) A "proprietary function" includes, but is not limited	5207
to, the following:	5208

(a) The operation of a hospital by one or more political	5209
subdivisions;	5210

(b) The design, construction, reconstruction, renovation,	5211
repair, maintenance, and operation of a public cemetery other than	5212
a township cemetery;	5213

(c) The establishment, maintenance, and operation of a	5214
utility, including, but not limited to, a light, gas, power, or	5215
heat plant, a railroad, a busline or other transit company, an	5216
airport, and a municipal corporation water supply system;	5217

(d) The maintenance, destruction, operation, and upkeep of a	5218
sewer system;	5219

(e) The operation and control of a public stadium,	5220
auditorium, civic or social center, exhibition hall, arts and	5221
crafts center, band or orchestra, or off-street parking facility.	5222

(H) "Public roads" means public roads, highways, streets,	5223
avenues, alleys, and bridges within a political subdivision.	5224
"Public roads" does not include berms, shoulders, rights-of-way,	5225
or traffic control devices unless the traffic control devices are	5226
mandated by the Ohio manual of uniform traffic control devices.	5227

(I) "State" means the state of Ohio, including, but not	5228
limited to, the general assembly, the supreme court, the offices	5229
of all elected state officers, and all departments, boards,	5230
offices, commissions, agencies, colleges and universities,	5231
institutions, and other instrumentalities of the state of Ohio.	5232
"State" does not include political subdivisions.	5233

Sec. 2744.03.  (A) In a civil action brought against a	5234
political subdivision or an employee of a political subdivision to	5235
recover damages for injury, death, or loss to persons or property	5236
allegedly caused by any act or omission in connection with a	5237
governmental or proprietary function, the following defenses or	5238
immunities may be asserted to establish nonliability:	5239

(1) The political subdivision is immune from liability if	5240
the employee involved was engaged in the performance of a	5241
judicial, quasi-judicial, prosecutorial, legislative, or	5242
quasi-legislative function.	5243

(2) The political subdivision is immune from liability if	5244
the conduct of the employee involved, other than negligent	5245
conduct, that gave rise to the claim of liability was required by	5246
law or authorized by law, or if the conduct of the employee	5247
involved that gave rise to the claim of liability was necessary or	5248
essential to the exercise of powers of the political subdivision	5249
or employee.	5250

(3) The political subdivision is immune from liability if	5251
the action or failure to act by the employee involved that gave	5252
rise to the claim of liability was within the discretion of the	5253
employee with respect to policy-making, planning, or enforcement	5254
powers by virtue of the duties and responsibilities of the office	5255
or position of the employee.	5256

(4) The political subdivision is immune from liability if	5257
the action or failure to act by the political subdivision or	5258
employee involved that gave rise to the claim of liability	5259
resulted in injury or death to a person who had been convicted of	5260
or pleaded guilty to a criminal offense and who, at the time of	5261
the injury or death, was serving any portion of the person's	5262
sentence by performing community service work for or in the	5263
political subdivision whether pursuant to section 2951.02 of the	5264
Revised Code or otherwise, or resulted in injury or death to a	5265
child who was found to be a delinquent child and who, at the time	5266
of the injury or death, was performing community service or	5267
community work for or in a political subdivision in accordance	5268
with the order of a juvenile court entered pursuant to section	5269
2152.19 or 2152.20 of the Revised Code, and if, at the time of the	5270
person's or child's injury or death, the person or child was	5271
covered for purposes of Chapter 4123. of the Revised Code in	5272
connection with the community service or community work for or in	5273
the political subdivision.	5274

(5) The political subdivision is immune from liability if	5275
the injury, death, or loss to persons or property resulted from	5276
the exercise of judgment or discretion in determining whether to	5277
acquire, or how to use, equipment, supplies, materials, personnel,	5278
facilities, and other resources unless the judgment or discretion	5279
was exercised with malicious purpose, in bad faith, or in a wanton	5280
or reckless manner.	5281

(6) In addition to any immunity or defense referred to in	5282
division (A)(7) of this section and in circumstances not covered	5283
by that division or sections 3314.07 and 3746.24 of the Revised	5284
Code, the employee is immune from liability unless one of the	5285
following applies:	5286

(a) The employee's acts or omissions were manifestly outside	5287
the scope of the employee's employment or official	5288
responsibilities;	5289

(b) The employee's acts or omissions were with malicious	5290
purpose, in bad faith, or in a wanton or reckless manner;	5291

(c) Liability is expressly imposed upon the employee by a	5292
section of the Revised Code. Liability shall not be construed to	5293
exist under another section of the Revised Code merely because	5294
that section imposes a responsibility or mandatory duty upon an	5295
employee, because of a general authorization in that section that	5296
an employee may sue and be sued, or because the section uses the	5297
term "shall" in a provision pertaining to an employee.	5298

(7) The political subdivision, and an employee who is a	5299
county prosecuting attorney, city director of law, village	5300
solicitor, or similar chief legal officer of a political	5301
subdivision, an assistant of any such person, or a judge of a	5302
court of this state is entitled to any defense or immunity	5303
available at common law or established by the Revised Code.	5304

(B) Any immunity or defense conferred upon, or referred to	5305
in connection with, an employee by division (A)(6) or (7) of this	5306
section does not affect or limit any liability of a political	5307
subdivision for an act or omission of the employee as provided in	5308
section 2744.02 of the Revised Code.	5309

Section 2.04. That existing sections 2744.01 and 2744.03 of	5310
the Revised Code as scheduled to take effect on January 1, 2002,	5311
are repealed.	5312

Section 2.05.  Sections 2.03 and 2.04 of this act take	5313
effect on January 1, 2002.	5314

Section 3. (A) In Section 2.01 of this act:

5315

(1) Sections 1701.95, 1707.01, 2305.25, 2305.251, 2305.37,	5316
2307.60, 2307.61, 2743.18, 2743.19, 2744.01, 2744.02, 2744.03,	5317
2744.05, 3123.17, 4112.02, 4507.07, 4513.263, 4582.27, and 5111.81	5318
of the Revised Code, which have been amended by acts subsequent to	5319
their amendment by Am. Sub. H.B. 350 of the 121st General	5320
Assembly, are amended to remove matter inserted by, or to revive	5321
matter removed by, Am. Sub. H.B. 350. Amendments made by Am. Sub.	5322
H.B. 350 or the subsequent acts that are independent of the	5323
purposes of Am. Sub. H.B. 350 are retained.	5324

(2) Section 1901.18 of the Revised Code, as amended	5325
subsequently to Sub. H.B. 350 by Am. Sub. S.B. 1 and Sub. H.B. 302	5326
of the 122nd General Assembly, is amended to ratify a	5327
cross-reference correction made to the section by Am. Sub. H.B.	5328
350.	5329

(3) Sections 109.36, 2117.06, 2125.01, 2125.02, 2125.04,	5330
2305.10, 2305.16, 2305.38, 2307.31, 2307.32, 2307.75, 2307.80,	5331
2315.01, 2315.19, 2315.21, 2501.02, 2744.06, 3722.08, 4112.14,	5332
4113.52, 4171.10, and 4399.18 of the Revised Code are revived and	5333
amended, supersede the versions of the same sections that are	5334
repealed by Section 2.02 of this act, and include amendments that	5335
gender neutralize the language of the sections (as contemplated by	5336
section 1.31 of the Revised Code) and that correct apparent error.	5337

(4) Sections 163.17, 723.01, 1343.03, 1775.14, 2305.01,	5338
2305.11, 2305.35, 2307.33, 2307.71, 2307.72, 2307.73, 2307.78,	5339
2315.18, 2315.20, 2317.62, 2323.51, 2744.04, 4112.99, 4909.42,	5340
5591.36, and 5591.37 of the Revised Code are revived and supersede	5341
the versions of the same sections that are repealed by Section	5342
2.02 of this act.	5343

(5) Notwithstanding its attempted repeal by Am. Sub. H.B.	5344
350, section 2305.27 of the Revised Code is revived and amended to	5345
gender neutralize the language of the section.	5346

(6) Former sections 2307.31 and 2307.80 of the Revised Code,	5347
as they existed prior to being renumbered by Am. Sub. H.B. 350,	5348
are revived and amended as explained in division (A)(2) of this	5349
section. Am. Sub. H.B. 350 renumbered former sections 2307.31 and	5350
2307.80 of the Revised Code and reassigned their numbers to new	5351
sections. Only new sections 2307.31 and 2307.80 of the Revised	5352
Code, as enacted by Section 1 of Am. Sub. H.B. 350, are repealed	5353
by Section 2.02 of this act.	5354

(7) Section 3123.17 of the Revised Code is amended as	5355
explained in division (A)(1) of this section to remove matter	5356
inserted into former section 3113.219 of the Revised Code by Am.	5357
Sub. H.B. 350. Am. Sub. S.B. 180 of the 123rd General Assembly	5358
amended and renumbered former section 3113.219 of the Revised Code	5359
as section 3123.17 of the Revised Code as part of its general	5360
revision of the child support laws. The amendments of Am. Sub.	5361
S.B. 180 are retained.	5362

(B) The repeal by Section 2.02 of this act of:

5363

(1) Sections 1901.041, 1901.17, 1901.181, 1901.20, 1901.262,	5364
1905.032, and 1907.262 of the Revised Code as they result from Am.	5365
Sub. H.B. 350 is intended to enable the sections to remain in	5366
effect as they result from Am. Sub. H.B. 438 of the 121st General	5367
Assembly, 146 Ohio Laws 4823.	5368

(2) Section 2317.45 of the Revised Code responds to the	5369
section having been held unconstitutional by the Supreme Court of	5370
Ohio's decision in Sorrell v. Thevenir (1994), 69 Ohio St.3d 415.	5371

(3) Section 3701.19 of the Revised Code as it results from	5372
Am. Sub. H.B. 350 is intended to enable the section to remain in	5373
effect as it results from Sub. H.B. 670 of the 121st General	5374
Assembly, 146 Ohio Laws 6440.	5375

(C) In Section 2.03 of this act sections 2744.01 and 2744.03	5376
of the Revised Code are amended effective January 1, 2002, to	5377
continue the amendments made to those sections by Section 2.01 of	5378
this act as explained in division (A)(1) of this section. Sections	5379
2744.01 and 2744.03 were amended subsequently to Am. Sub. H.B. 350	5380
by Am. Sub. S.B. 179 of the 123rd General Assembly, effective	5381
January 1, 2002.	5382

Section 4. Because Am. Sub. H.B. 551 of the 123rd General	5383
Assembly takes effect on October 5, 2001:	5384

(A) Section 1707.01 of the Revised Code, which is presented	5385
in this act as it results from Am. Sub. H.B. 551, takes effect as	5386
amended by this act on October 5, 2001.	5387

(B) Divisions (CC), (DD), (EE), (FF), (GG), and (HH) of	5388
section 1707.01 of the Revised Code, which were inserted into the	5389
section by Am. Sub. H.B. 350 of the 121st General Assembly, are	5390
suspended on the effective date of this section, pending section	5391
1707.01 of the Revised Code taking effect as amended by this act	5392
on October 5, 2001.	5393

(C) Sections 1707.432, 1707.433, 1707.434, 1707.435,	5394
1707.436, 1707.437, and 1707.438 of the Revised Code, which were	5395
enacted by Am. Sub. H.B. 350, are suspended on the effective date	5396
of this section, pending their repeal by Am. Sub. H.B. 551 taking	5397
effect on October 5, 2001.	5398

Section 5.01. That Section 3 of Am. Sub. H.B. 438 of the	5399
121st General Assembly, which was amended by Am. Sub. H.B. 350 of	5400
the 121st General Assembly, be amended to read as follows:	5401

"       Sec. 3. Sections 1 and 2 of Am. Sub. H.B. 438 of the 121st	5402
General Assembly shall take effect on July 1, 1997, except that	5403
section 2317.023 of the Revised Code, as amended by Am. Sub. H.B.	5404
438 of the 121st General Assembly, shall take effect on the	5405
effective date of Am. Sub. H.B. 350 of the 121st General	5406
Assembly."	5407

Section 5.02. That existing Section 3 of Am. Sub. H.B. 438 of	5408
the 121st General Assembly is repealed.	5409

Section 5.03. Notwithstanding the attempted amendment of	5410
Section 3 of Am. Sub. H.B. 438 by Am. Sub. H.B. 350 of the 121st	5411
General Assembly, section 2317.023 of the Revised Code, as enacted	5412
by Am. Sub. H.B. 438 of the 121st General Assembly, took effect on	5413
July 1, 1997.	5414

Section 6. Sections 3, 4, 5, 6, 7, 8, 9, 13, and 16 of Am.	5415
Sub. H.B. 350 of the 121st General Assembly are repealed.	5416

Section 7. In sections contained in this act that have been	5417
amended by acts subsequent to their amendment by Am. Sub. H.B. 350	5418
of the 121st General Assembly (other than section 1901.18 of the	5419
Revised Code), matter removed by Am. Sub. H.B. 350 is revived, and	5420
matter inserted by Am. Sub. H.B. 350 is removed, by amendment	5421
indicated as directed in rule 103-5-01 of the Administrative Code.	5422
But, notwithstanding rule 103-5-01 of the Administrative Code, in	5423
sections contained in this act that have not been amended by acts	5424
subsequent to their amendment by Am. Sub. H.B. 350 of the 121st	5425
General Assembly (1) matter removed by Am. Sub. H.B. 350 is	5426
revived by being reinserted without underlining, so as to indicate	5427
the intention that it is old law that is being revived and (2)	5428
matter inserted by Am. Sub. H.B. 350 is removed by being omitted,	5429
so as to indicate the intention that, by virtue of its	5430
noninclusion, it is being repealed because constitutionally	5431
meaningless. In section 1901.18 of the Revised Code, ratification	5432
of Sub. H.B. 350's cross-reference correction is indicated by	5433
amendment as directed in rule 103-5-01 of the Administrative Code.	5434

Section 8.  Section 109.36 of the Revised Code is presented	5435
in this act as a composite of the section as amended by both Sub.	5436
H.B. 715 and Am. Sub. H.B. 571 of the 120th General Assembly.	5437
Section 4112.02 of the Revised Code is presented in this act as a	5438
composite of the section as amended by both Am. H.B. 264 and H.B.	5439
471 of the 123rd General Assembly. The General Assembly, applying	5440
the principle stated in division (B) of section 1.52 of the	5441
Revised Code that amendments are to be harmonized if reasonably	5442
capable of simultaneous operation, finds that the composites are	5443
the resulting version of the sections in effect prior to the	5444
effective date of the sections as presented in this act.	5445

Section 9. This act is an emergency measure necessary for the	5446
immediate preservation of the public peace, health, and safety.	5447
The reason for the necessity is that repeal of the Tort Reform Act	5448
and revival of prior law will clarify the status of law that is	5449
unsettled as a result of the act being held unconstitutional.	5450
Therefore, this act goes into immediate effect.	5451