| Section 1. That sections 2101.31, 2307.24, 2307.27,
2307.30, | 19 |
|
2313.46, 2315.23, 2315.24, 4507.07, and 5703.54 be
amended; | 20 |
|
sections 1775.14, 2315.18, and 4171.10 be revived and
amended; | 21 |
|
sections
2307.24
(2307.16), 2307.27 (2307.17), 2307.30
(2307.18), | 22 |
|
2315.07
(2315.05), 2315.08 (2315.06), 2315.18
(2315.07), 2315.23 | 23 |
|
(2315.08), and 2315.24 (2315.09) be amended for
the purpose of | 24 |
|
adopting new section
numbers as indicated in
parentheses; and new | 25 |
|
sections 2307.24 and
2307.27 and
sections 2307.011,
2307.22, | 26 |
|
2307.23, 2307.25, 2307.26,
2307.28,
2307.29,
2315.32,
2315.33, | 27 |
|
2315.34, 2315.35,
2315.36, 2315.41,
2315.42, 2315.43,
2315.44, | 28 |
|
2315.45, and 2315.46
of the
Revised
Code be enacted to
read as | 29 |
|
follows: | 30 |
| (B) Subject to divisions
(C)(1) and (2) of this section or | 43 |
|
as otherwise provided
in a written agreement between the partners | 44 |
|
of a registered limited liability
partnership, a partner in a | 45 |
|
registered limited liability partnership is not
liable, directly | 46 |
|
or indirectly, by way of indemnification, contribution, | 47 |
|
assessment, or otherwise, for debts, obligations, or other | 48 |
|
liabilities of any
kind of, or chargeable to, the partnership or | 49 |
|
another partner or partners
arising from negligence or from | 50 |
|
wrongful
acts, errors, omissions, or misconduct, whether or not | 51 |
|
intentional
or
characterized as tort, contract, or otherwise, | 52 |
|
committed or occurring while
the
partnership is a registered | 53 |
|
limited liability partnership and committed or
occurring in the | 54 |
|
course of the partnership business by another partner or an | 55 |
|
employee, agent, or representative of the partnership. | 56 |
| (C)(1) Division
(B) of this section does not affect the | 57 |
|
liability of a partner in a registered limited liability | 58 |
|
partnership for that
partner's own negligence, wrongful acts, | 59 |
|
errors, omissions, or misconduct,
including that partner's own | 60 |
|
negligence, wrongful acts, errors, omissions, or
misconduct in | 61 |
|
directly supervising any other partner or any employee, agent,
or | 62 |
|
representative of the partnership. | 63 |
| Sec. 2101.31. All questions of fact shall be determined by | 73 |
the probate judge,
unless
hethe judge orders
themthose questions | 74 |
of fact to be tried
bybefore a
jury, or
referred,refers those | 75 |
|
questions of fact to a special master commissioner as
provided in | 76 |
sections
2101.06
and 2101.07,
and
sections 2315.26 to 2315.37, | 77 |
inclusive, of the
Revised
Code. | 78 |
|
(2) All expenditures for medical care or treatment, | 92 |
|
rehabilitation services, or other care, treatment, services, | 93 |
|
products, or accommodations incurred as a result of an injury, | 94 |
|
death, or loss to person that is a subject of a tort action, | 95 |
|
including expenditures for those purposes that were incurred as of | 96 |
|
the date of a judgment and expenditures for those purposes that, | 97 |
|
in the determination of the trier of fact, will be incurred in the | 98 |
|
future because of the injury, whether paid by the injured person | 99 |
|
or by another person on behalf of the injured person; | 100 |
|
(4) Any other expenditures incurred as a result of an | 105 |
|
injury, death, or loss to person or property that is a subject of | 106 |
|
a tort action, except expenditures of the injured person, the | 107 |
|
person whose property was injured or destroyed, or another person | 108 |
|
on behalf of the injured person or the person whose property was | 109 |
|
injured or destroyed in relation to the actual preparation or | 110 |
|
presentation of the claim involved. | 111 |
|
(E) "Noneconomic loss" means nonpecuniary harm that results | 116 |
|
from an injury, death, or loss to person that is a subject of a | 117 |
|
tort action, including, but not limited to, pain and suffering; | 118 |
|
loss of society, consortium, companionship, care, assistance, | 119 |
|
attention, or protection; advice, guidance, counsel, instruction, | 120 |
|
training, or education; mental anguish; and any other intangible | 121 |
|
loss. | 122 |
Sec. 2307.30. Sec. 2307.18. AnA judicial officer against whom an | 156 |
action is brought to recover
personal property taken by
himthe | 157 |
officer on execution, or for
the proceeds of
suchthe personal | 158 |
property sold by
himthe officer, upon
exhibiting to the court the | 159 |
process under which
hethe officer
acted, with
histhe officer's | 160 |
affidavit that the property was
taken or sold by
himthe officer | 161 |
under
suchthat process, may have
the benefit of
section 2307.29 | 162 |
of the Revised CodeCivil Rule 22, against the party in whose | 163 |
|
favor the execution issued. | 164 |
| (2) If division (A)(1) of this section is applicable, each | 178 |
|
defendant who is determined by the trier of fact to be legally | 179 |
|
responsible for the same injury or loss to person or property or | 180 |
|
the same wrongful death and to whom fifty per cent or less of the | 181 |
|
tortious conduct is attributable shall be liable to the plaintiff | 182 |
|
only
for that defendant's proportionate share of the compensatory | 183 |
|
damages that represent economic loss. The proportionate share of a | 184 |
|
defendant shall be calculated by multiplying the total amount of | 185 |
|
the economic damages awarded to the plaintiff by the percentage of | 186 |
|
tortious conduct as determined pursuant to section 2307.23 of the | 187 |
|
Revised
Code that is attributable to that defendant. | 188 |
| (B) In a tort action in which the trier of fact determines | 189 |
|
that two or more persons proximately caused the same injury or | 190 |
|
loss to person or property or the same wrongful death and in which | 191 |
|
the trier of fact
determines that fifty per cent or less of the | 192 |
|
tortious conduct is
attributable to each defendant, each defendant | 193 |
|
shall be liable to
the plaintiff only for that defendant's | 194 |
|
proportionate share of the
compensatory damages that represent | 195 |
|
economic loss. The
proportionate share of a defendant shall be | 196 |
|
calculated by
multiplying the total amount of the economic damages | 197 |
|
awarded to
the plaintiff by the percentage of tortious
conduct as | 198 |
|
determined
pursuant to section 2307.23 of the Revised Code that is | 199 |
|
attributable
to that defendant. | 200 |
| (C) In a tort action in which the trier of fact determines | 201 |
|
that two or more persons proximately caused the same injury or | 202 |
|
loss to person or property or the same wrongful death, each | 203 |
|
defendant who is determined by the trier of fact to be legally | 204 |
|
responsible for the same injury or loss to person or property or | 205 |
|
for the same wrongful death shall be liable to the plaintiff only | 206 |
|
for that defendant's proportionate share of the compensatory | 207 |
|
damages that represent noneconomic loss. The proportionate share | 208 |
|
of a defendant shall be calculated by multiplying the total amount | 209 |
|
of the noneconomic damages awarded to the plaintiff by the | 210 |
|
percentage of tortious conduct as determined pursuant to section | 211 |
|
2307.23 of the Revised Code that is attributable to that | 212 |
|
defendant. | 213 |
| Sec. 2307.23. (A) In determining the percentage of tortious | 217 |
|
conduct attributable to a party in a tort action under
section | 218 |
|
2307.22, sections 2315.32 to 2315.37, or sections 2315.41 to | 219 |
|
2315.46 of the
Revised Code, the court in a nonjury action shall | 220 |
|
make findings of
fact, and the jury in a jury action shall return | 221 |
|
a general verdict
accompanied by answers to interrogatories, that | 222 |
|
shall specify all
of the following:
| 223 |
| (B) Sections 2307.22 and 2307.23 of the Revised
Code do not | 239 |
|
affect any other section of the Revised Code or the
common law of | 240 |
|
this state to the extent that the other section or
common law | 241 |
|
makes a principal, master, or other person vicariously
liable for | 242 |
|
the tortious conduct of an agent,
servant, or other
person. For | 243 |
|
purposes of section 2307.22 of the
Revised Code, a
principal and | 244 |
|
agent, a master and servant, or
other persons having
a vicarious | 245 |
|
liability relationship shall
constitute a single party
when | 246 |
|
determining percentages of
tortious conduct in a tort action
in | 247 |
|
which
vicarious liability is asserted. | 248 |
| Sec. 2307.25. (A) Except as otherwise provided in sections | 249 |
|
2307.25 to 2307.28 of the Revised Code, if one or more persons are | 250 |
|
jointly and severally liable in tort for the same injury or loss | 251 |
|
to person or property or for the same wrongful death, there may be | 252 |
|
a
right of contribution even though judgment has not been | 253 |
|
recovered against all or any of them. The right of contribution | 254 |
|
exists only in favor of a tortfeasor who has paid more than that | 255 |
|
tortfeasor's proportionate share of the common liability, and that | 256 |
|
tortfeasor's total recovery is limited to the amount paid by that | 257 |
|
tortfeasor in excess of that tortfeasor's proportionate share. No | 258 |
|
tortfeasor may be compelled to make contribution beyond that | 259 |
|
tortfeasor's own proportionate share of the common liability. | 260 |
|
There is no right of contribution in favor of any tortfeasor who | 261 |
|
intentionally has caused or intentionally has contributed to the | 262 |
|
injury or loss to person or property or the wrongful death. | 263 |
| Sec. 2307.26. If a judgment that imposes joint and several | 301 |
|
liability has been entered in an action against one or more | 302 |
|
tortfeasors for the same injury or loss to person or property or | 303 |
|
for the same wrongful death, contribution may be enforced in that | 304 |
|
action by judgment in favor of one against other judgment debtors, | 305 |
|
by motion, upon notice to all parties to the action. If there is | 306 |
|
a judgment for the injury or loss to person or property or the | 307 |
|
wrongful death against the tortfeasor seeking contribution, that | 308 |
|
tortfeasor shall commence any separate action to enforce | 309 |
|
contribution within one year after the judgment has become final | 310 |
|
by lapse of time for appeal or after appellate review. | 311 |
Sec. 2315.18. Sec. 2315.07. Except as otherwise provided in this | 369 |
section,
whenWhen
by the verdict in a civil action tried to a | 370 |
|
jury any
party in the
action is entitled
to recover money from an | 371 |
|
adverse
party, the jury shall determine
the amount of
the recovery | 372 |
in its
verdict.
A jury shall not determine the
amount of
punitive | 373 |
or
exemplary damages recoverable by a party in a tort
action | 374 |
pursuant
to section 2315.21 or another section of the Revised Code | 375 |
except
as provided
in division (D)(5) of section 2315.21 of the | 376 |
Revised
Code. | 377 |
Sec. 2315.24. Sec. 2315.09. Parties to a question
whichthat might | 383 |
|
be
the subject of a civil
action, on filing an affidavit that the | 384 |
|
controversy is real and the proceeding
in good faith to determine | 385 |
|
their rights, may agree upon a case containing the
facts upon | 386 |
|
which the controversy depends and present a submission of it to | 387 |
any
court of competent jurisdiction, which. The court shall hear | 388 |
|
and
determine the case and
render judgment as if an action were | 389 |
|
pending. | 390 |
| Sec. 2315.33. The contributory fault of a person
does not bar | 402 |
|
the person as plaintiff from recovering damages that
have directly | 403 |
|
and
proximately resulted from the tortious conduct
of one or more | 404 |
|
other persons, if the contributory fault of the
plaintiff was not | 405 |
|
greater than the combined tortious conduct of
all other persons | 406 |
|
from whom the
plaintiff seeks recovery in this
action and of all | 407 |
|
other persons from whom the
plaintiff does not seek
recovery in | 408 |
|
this action. The court shall diminish any
compensatory damages | 409 |
|
recoverable by the plaintiff by an amount
that is proportionately | 410 |
|
equal to the
percentage of tortious
conduct of the plaintiff as | 411 |
|
determined pursuant to section 2315.34
of the Revised Code. This | 412 |
|
section does not apply to actions
described in section 4113.03 of | 413 |
|
the Revised Code. | 414 |
| Sec. 2315.35. After the court makes its findings of fact or | 430 |
|
after the jury returns its general verdict accompanied by answers | 431 |
|
to interrogatories as described in section 2315.34 of the Revised | 432 |
|
Code, the court shall diminish the total amount of the | 433 |
|
compensatory damages that would have been recoverable by an amount | 434 |
|
that is proportionately equal to the percentage of tortious | 435 |
|
conduct determined under section 2307.23 of the Revised Code that | 436 |
|
is attributable to the
plaintiff. If the percentage of the | 437 |
|
tortious conduct determined
to be attributable to the plaintiff | 438 |
|
is greater
than the sum of the percentages of the tortious conduct | 439 |
|
determined
to be attributable to all parties to the tort action | 440 |
|
from whom the plaintiff seeks recovery plus all persons from whom | 441 |
|
the plaintiff does not seek recovery in this action, the
court | 442 |
|
shall
enter judgment in
favor of the defendants. | 443 |
| Sec. 2315.36. If contributory fault is asserted as an | 444 |
|
affirmative defense to a negligence claim, if it is determined | 445 |
|
that the plaintiff was contributorily at fault and
that | 446 |
|
contributory fault was a direct and proximate cause of the
injury, | 447 |
|
death, or loss to person or property that is the subject of the | 448 |
|
tort action, and if
the plaintiff is entitled to recover | 449 |
|
compensatory damages pursuant
to section 2315.33 of the Revised | 450 |
|
Code from more than one
party, after it makes findings
of fact or | 451 |
|
after the jury returns
its general verdict accompanied
by answers | 452 |
|
to interrogatories as
described in section 2315.34 of
the Revised | 453 |
|
Code, the court shall
enter a judgment that is in
favor of the | 454 |
|
plaintiff and that
imposes liability pursuant to
section 2307.22 | 455 |
|
of the Revised Code. | 456 |
| Sec. 2315.43. Contributory negligence or other contributory | 476 |
|
tortious conduct may be asserted as an affirmative defense to a | 477 |
|
product liability claim. Contributory negligence or other | 478 |
|
contributory tortious conduct of a plaintiff does not bar the | 479 |
|
plaintiff from recovering damages that have directly and | 480 |
|
proximately resulted from the tortious conduct of one or more | 481 |
|
other persons, if the contributory negligence or other | 482 |
|
contributory tortious conduct of the plaintiff was not greater | 483 |
|
than
the combined tortious conduct of all other persons from whom | 484 |
|
the
plaintiff seeks recovery and of all other persons from whom | 485 |
|
the
plaintiff does not seek recovery in this action. The | 486 |
|
compensatory damages recoverable by the plaintiff shall be | 487 |
|
diminished by an amount that is proportionately equal to the | 488 |
|
percentage of negligence or other tortious conduct of the | 489 |
|
plaintiff, which percentage is determined pursuant to section | 490 |
|
2315.44 of the Revised Code.
| 491 |
| Sec. 2315.45. After the court makes its findings of fact | 508 |
|
or after the jury returns its general verdict accompanied by | 509 |
|
answers to interrogatories as described in section 2315.44 of the | 510 |
|
Revised Code, the court shall diminish the total amount of the | 511 |
|
compensatory damages that would have been recoverable by an amount | 512 |
|
that is proportionately equal to the percentage of negligence or | 513 |
|
other tortious conduct determined pursuant to section 2307.23 of | 514 |
|
the Revised Code that is attributable to the plaintiff. If the | 515 |
|
percentage of the
negligence or other tortious conduct determined | 516 |
|
to be attributable to the
plaintiff is greater than the sum of the | 517 |
|
percentages of the
tortious conduct determined to be attributable | 518 |
|
to all parties to the action from whom
the plaintiff seeks | 519 |
|
recovery plus all persons from whom the
plaintiff does not seek | 520 |
|
recovery in this action,
the court shall enter judgment in favor | 521 |
|
of the defendants. | 522 |
| Sec. 2315.46. If contributory negligence or other | 523 |
|
contributory tortious conduct is asserted as an affirmative | 524 |
|
defense to a product liability claim, if it is determined that the | 525 |
|
plaintiff was contributorily negligent or engaged in other | 526 |
|
contributory tortious conduct and that the contributory negligence | 527 |
|
or other contributory tortious conduct was a direct and proximate | 528 |
|
cause of the injury, death, or loss to person or property | 529 |
|
involved, and if the plaintiff is entitled to recover compensatory | 530 |
|
damages pursuant to this section from more than one party, after | 531 |
|
it makes findings of fact or after the jury returns its general | 532 |
|
verdict accompanied by answers to interrogatories as described in | 533 |
|
section 2315.44 of the Revised Code, the court shall enter a | 534 |
|
judgment that is in favor of the plaintiff and that imposes | 535 |
|
liability pursuant to section 2307.22 of the Revised Code. | 536 |
| Sec. 4171.10. The express assumption of risk set forth in | 537 |
|
section 4171.09 of
the Revised Code shall serve as a complete | 538 |
defense
toin a
suittort or other civil action against an | 539 |
|
operator by a roller skater for injuries resulting from the | 540 |
|
assumed risks of
roller skating. The comparative negligence
or | 541 |
other tort provisions of
section 2315.19sections 2315.32 to | 542 |
|
2315.37 of
the Revised Code shall
not apply unless the operator | 543 |
has breached
histhe operator's
duties
pursuant to sections | 544 |
|
4171.06 and 4171.07 of the Revised
Code. | 545 |
| Sec. 4507.07. (A) The registrar of motor vehicles shall
not | 546 |
|
grant the application of any minor under eighteen years of
age for | 547 |
|
a probationary license, a restricted license,
or a temporary | 548 |
|
instruction permit, unless
the
application is signed by one of
| 549 |
|
the minor's parents,
the minor's guardian,
another
person having | 550 |
|
custody of the
applicant, or, if there is no parent
or guardian,
a | 551 |
|
responsible
person who is willing to assume the
obligation imposed | 552 |
|
under this
section. | 553 |
| At the time a minor under eighteen years of age submits an | 554 |
|
application for a license
or permit at a driver's license | 555 |
|
examining
station,
the adult who signs the application shall | 556 |
|
present
identification
establishing that
the adult is the | 557 |
|
individual whose
signature
appears on the application. The | 558 |
|
registrar
shall
prescribe, by rule, the types of
identification | 559 |
|
that are suitable
for the purposes of this
paragraph. If the | 560 |
|
adult who signs the
application does not
provide identification
as | 561 |
|
required by this
paragraph, the
application shall not be
accepted. | 562 |
| When a minor under eighteen years of age applies for a | 563 |
|
probationary license, a restricted license,
or a temporary | 564 |
|
instruction permit, the registrar
shall give the
adult who signs | 565 |
|
the application
notice of the potential liability
that
may be | 566 |
|
imputed to the
adult pursuant to
division (B) of
this section and | 567 |
|
notice of how
the
adult
may
prevent any liability from being | 568 |
|
imputed to
the
adult
pursuant to
that
division. | 569 |
| (B)
Any negligence, or willful or wanton misconduct, that
is | 570 |
|
committed by a minor under eighteen years of age when driving
a | 571 |
|
motor vehicle upon a highway shall be imputed to the person who | 572 |
|
has signed the application of the minor for a probationary
license | 573 |
|
or restricted license, which person shall be jointly and
severally | 574 |
|
liable with the minor for any damages caused by the
negligence or | 575 |
|
the willful or wanton misconduct. This joint and
several | 576 |
liability is not subject to
division (D) of section
2315.19 | 577 |
| 2307.22, 2315.36, 2315.37, or 2315.46 of the
Revised Code with | 578 |
|
respect to a negligence
claim that otherwise is
subject to that | 579 |
|
section. | 580 |
| There shall be no imputed liability imposed under this | 581 |
|
division, if a minor under eighteen years of age has proof of | 582 |
|
financial responsibility with respect to the operation of a motor | 583 |
|
vehicle owned by the minor or, if the minor is not the owner of a | 584 |
|
motor vehicle, with respect to the minor's operation of any motor | 585 |
|
vehicle, in the form and in the amounts as required under Chapter | 586 |
|
4509. of the Revised Code. | 587 |
| (C) Any person who has signed the application of a minor | 588 |
|
under eighteen years of age for a license
or permit subsequently | 589 |
|
may
surrender to the registrar the license or temporary | 590 |
|
instruction
permit of the minor and request that the license or | 591 |
|
permit be
canceled. The registrar
then
shall cancel the
license | 592 |
|
or
temporary
instruction permit, and the person who signed
the | 593 |
|
application
of
the minor shall be relieved from the liability | 594 |
|
imposed by
division (B) of this section. | 595 |
| (D) Any minor under eighteen years of age whose
probationary | 596 |
|
license, restricted license, or temporary
instruction
permit is | 597 |
|
surrendered to the registrar by the person
who signed
the | 598 |
|
application for the license
or permit and whose license or | 599 |
|
temporary
instruction permit
subsequently
is canceled by the | 600 |
|
registrar
may obtain a new license or temporary instruction
permit | 601 |
|
without
having to undergo the examinations otherwise
required by | 602 |
|
sections
4507.11 and 4507.12 of the Revised Code and
without | 603 |
|
having to
tender the fee for
that license or
temporary
instruction | 604 |
|
permit, if the minor is able to produce another
parent, guardian, | 605 |
|
other person having custody of the minor, or
other adult, and
that | 606 |
|
adult is willing to assume the
liability
imposed under
division | 607 |
|
(B) of this section.
That adult
shall
comply
with the
procedures | 608 |
|
contained in division (A) of this
section. | 609 |
| Section 2. That existing sections 2101.31, 2307.24,
2307.27, | 660 |
|
2307.30, 2313.46, 2315.07, 2315.08, 2315.18, 2315.23, 2315.24, | 661 |
|
4507.07, and 5703.54, all existing versions of sections
1775.14, | 662 |
|
2315.18, and 4171.10 in effect before, on, or
after
the
effective | 663 |
|
date of Am. Sub. H.B. 350 of the 121st General Assembly,
January | 664 |
|
27, 1997, and sections 2307.31, 2307.32, 2307.33,
2307.331, | 665 |
|
2315.19, 2315.20, and 2315.37 of the Revised Code are hereby | 666 |
|
repealed. | 667 |
| Section 3. Sections 1775.14, 2101.31, 2307.011, 2307.16, | 668 |
|
2307.17, 2307.18, 2307.22, 2307.23, 2307.24, 2307.25,
2307.26, | 669 |
|
2307.27, 2307.28, 2307.29, 2307.30, 2313.46, 2315.05,
2315.06, | 670 |
|
2315.07, 2315.08, 2315.09, 2315.18, 2315.23, 2315.24,
2315.32, | 671 |
|
2315.33,
2315.34, 2315.35, 2315.36, 2315.41, 2315.42, 2315.43, | 672 |
|
2315.44, 2315.45, 2315.46, 4171.10,
4507.07, and 5703.54 of the | 673 |
|
Revised
Code, as
amended or enacted,
by this act, apply only to | 674 |
|
causes of
action
that accrue on or
after the effective date of | 675 |
|
this act.
Any
cause
of action that
accrues prior to the effective | 676 |
|
date of
this
act is
governed by the
law in effect when the cause | 677 |
|
of action
accrued. | 678 |
| Section 4. (A) Sections 1775.14, 2315.18, and 4171.10 of the | 679 |
|
Revised Code, as they existed immediately prior to being amended | 680 |
|
by Am. Sub. H.B. 350 of the 121st General Assembly, are revived | 681 |
|
and amended and supersede the versions of those sections repealed | 682 |
|
by Section 2 of this act. Sections 2315.18 and 4171.10 of the | 683 |
|
Revised Code also are amended to reenact the changes made to those | 684 |
|
sections by Am. Sub. H.B. 350. | 685 |
| (B) Section 4507.07 of the Revised Code, which has been | 686 |
|
amended by Am. Sub. S.B. 35 of the 122nd General Assembly | 687 |
|
subsequent to its amendment by Am. Sub. H.B. 350 of the 121st | 688 |
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General Assembly, first is amended to remove matter inserted by, | 689 |
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or to revive matter removed by, Am. Sub. H.B. 350 and then is | 690 |
|
amended to reenact the changes made to that section by Am. Sub. | 691 |
|
H.B. 350. Amendments made to that section by Am. Sub. S.B. 35 are | 692 |
|
retained. | 693 |
| (C) The revival and amendment or amendment of sections | 694 |
|
1775.14, 2315.18, 4171.10, and 4507.07 of the Revised Code by this | 695 |
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act as described in divisions (A) and (B) of this section is in | 696 |
|
conformity with the Supreme Court of Ohio's decisions in
State, ex | 697 |
|
rel. Ohio Academy of Trial Lawyers v. Sheward (1999), 86 Ohio | 698 |
|
St.3d 451, and
Stevens v. Ackman (2001), 91 Ohio St.3d 182 and is | 699 |
|
intended to clarify the status of those sections. | 700 |