REPRESENTATIVES Manning, Grendell, Seitz, Willamowski, Flowers, Hagan, Lendrum, Evans, Gilb, Cirelli, Coates, Schmidt, Wilson, Rhine, Goodman, Salerno, Webster, Cates, Distel, Schneider, Hollister, Barrett, Roman, Widowfield

To amend section 2744.01 of the Revised Code to

1

include as a governmental function under the

2

Political Subdivision Sovereign Immunity Law the

3

design, construction, reconstruction, renovation,

4

repair, maintenance, and operation of any

5

recreational area or facility, including a bicycle

6

motocross, bicycling, skating, skate boarding, or

7

scooter riding facility, a rope course or climbing

8

walls, or an all-purpose vehicle facility; to

9

continue the provisions of this act on and after

10

January 1, 2002, by amending the version of

11

section 2744.01 of the Revised Code that takes

12

effect on that date; and to remove matter inserted

13

by and revive matter removed by Am. Sub. H.B. 350

14

of the 121st General Assembly to present in this

15

act the version of section 2744.01 of the Revised

16

Code that is currently effective.

17

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

Section 1. That section 2744.01 of the Revised Code be	18
amended to read as follows:	19

Sec. 2744.01.  As used in this chapter:

20

(A) "Emergency call" means a call to duty, including, but not	21
limited to, communications from citizens, police dispatches, and	22
personal observations by peace officers of inherently dangerous	23
situations that demand an immediate response on the part of a	24
peace officer.	25

(B) "Employee" means an officer, agent, employee, or servant,	26
whether or not compensated or full-time or part-time, who is	27
authorized to act and is acting within the scope of the officer's,	28
agent's, employee's, or servant's employment for a political	29
subdivision. "Employee" does not include an independent contractor	30
and does not include any individual engaged by a school district	31
pursuant to section 3319.301 of the Revised Code. "Employee"	32
includes any elected or appointed official of a political	33
subdivision. "Employee" also includes a person who has been	34
convicted of or pleaded guilty to a criminal offense and who has	35
been sentenced to perform community service work in a political	36
subdivision whether pursuant to section 2951.02 of the Revised	37
Code or otherwise, and a child who is found to be a delinquent	38
child and who is ordered by a juvenile court pursuant to section	39
2151.355 of the Revised Code to perform community service or	40
community work in a political subdivision.	41

(C)(1) "Governmental function" means a function of a	42
political subdivision that is specified in division (C)(2) of this	43
section or that satisfies any of the following:	44

(a) A function that is imposed upon the state as an	45
obligation of sovereignty and that is performed by a political	46
subdivision voluntarily or pursuant to legislative requirement;	47

(b) A function that is for the common good of all citizens	48
of the state;	49

(c) A function that promotes or preserves the public peace,	50
health, safety, or welfare; that involves activities that are not	51
engaged in or not customarily engaged in by nongovernmental	52
persons; and that is not specified in division (G)(2) of this	53
section as a proprietary function.	54

(2) A "governmental function" includes, but is not limited	55
to, the following:	56

(a) The provision or nonprovision of police, fire, emergency	57
medical, ambulance, and rescue services or protection;	58

(b) The power to preserve the peace; to prevent and suppress	59
riots, disturbances, and disorderly assemblages; to prevent,	60
mitigate, and clean up releases of oil and hazardous and extremely	61
hazardous substances as defined in section 3750.01 of the Revised	62
Code; and to protect persons and property;	63

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

64

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

65

(e) The regulation of the use of, and the maintenance and	66
repair of, roads, highways, streets, avenues, alleys, sidewalks,	67
bridges, aqueducts, viaducts, and public grounds;	68

(f) Judicial, quasi-judicial, prosecutorial, legislative,	69
and quasi-legislative functions;	70

(g) The construction, reconstruction, repair, renovation,	71
maintenance, and operation of buildings that are used in	72
connection with the performance of a governmental function,	73
including, but not limited to, office buildings and courthouses;	74

(h) The design, construction, reconstruction, renovation,	75
repair, maintenance, and operation of jails, places of juvenile	76
detention, workhouses, or any other detention facility, as defined	77
in section 2921.01 of the Revised Code;	78

(i) The enforcement or nonperformance of any law;

79

(j) The regulation of traffic, and the erection or	80
nonerection of traffic signs, signals, or control devices;	81

(k) The collection and disposal of solid wastes, as defined	82
in section 3734.01 of the Revised Code, including, but not limited	83
to, the operation of solid waste disposal facilities, as	84
"facilities" is defined in that section, and the collection and	85
management of hazardous waste generated by households. As used in	86
division (C)(2)(k) of this section, "hazardous waste generated by	87
households" means solid waste originally generated by individual	88
households that is listed specifically as hazardous waste in or	89
exhibits one or more characteristics of hazardous waste as defined	90
by rules adopted under section 3734.12 of the Revised Code, but	91
that is excluded from regulation as a hazardous waste by those	92
rules.	93

(l) The provision or nonprovision, planning or design,	94
construction, or reconstruction of a public improvement,	95
including, but not limited to, a sewer system;	96

(m) The operation of a human job and family services	97
department or agency, including, but not limited to, the provision	98
of assistance to aged and infirm persons and to persons who are	99
indigent;	100

(n) The operation of a health board, department, or agency,	101
including, but not limited to, any statutorily required or	102
permissive program for the provision of immunizations or other	103
inoculations to all or some members of the public, provided that a	104
"governmental function" does not include the supply, manufacture,	105
distribution, or development of any drug or vaccine employed in	106
any such immunization or inoculation program by any supplier,	107
manufacturer, distributor, or developer of the drug or vaccine;	108

(o) The operation of mental health facilities, mental	109
retardation or developmental disabilities facilities, alcohol	110
treatment and control centers, and children's homes or agencies;	111

(p) The provision or nonprovision of inspection services of	112
all types, including, but not limited to, inspections in	113
connection with building, zoning, sanitation, fire, plumbing, and	114
electrical codes, and the taking of actions in connection with	115
those types of codes, including, but not limited to, the approval	116
of plans for the construction of buildings or structures and the	117
issuance or revocation of building permits or stop work orders in	118
connection with buildings or structures;	119

(q) Urban renewal projects and the elimination of slum	120
conditions;	121

(r) Flood control measures;

122

(s) The design, construction, reconstruction, renovation,	123
operation, care, repair, and maintenance of a township cemetery;	124

(t) The issuance of revenue obligations under section 140.06	125
of the Revised Code;	126

(u) The design, construction, reconstruction, renovation,	127
repair, maintenance, and operation of any recreational area or	128
facility, including, but not limited to, any of the following:	129

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

130

(ii) An indoor recreational facility,;

131

(iii) A zoo, or zoological park,;

132

(iv) A bath, swimming pool, pond, water park, wading pool,	133
wave pool, water slide, and or other type of aquatic facility, or;	134

(v) A golf course;

135

(vi) A bicycle motocross facility or other type of	136
recreational area or facility in which bicycling, skating, skate	137
boarding, or scooter riding is engaged;	138

(vii) A rope course or climbing walls;

139

(viii) An all-purpose vehicle facility in which all-purpose	140
vehicles, as defined in section 4519.01 of the Revised Code, are	141
contained, maintained, or operated for recreational activities.	142

(v) The provision of public defender services by a county or	143
joint county public defender's office pursuant to Chapter 120. of	144
the Revised Code;	145

(w) A function that the general assembly mandates a	146
political subdivision to perform.	147

(D) "Law" means any provision of the constitution, statutes,	148
or rules of the United States or of this state; provisions of	149
charters, ordinances, resolutions, and rules of political	150
subdivisions; and written policies adopted by boards of education.	151
When used in connection with the "common law," this definition	152
does not apply.	153

(E) "Motor vehicle" has the same meaning as in section	154
4511.01 of the Revised Code.	155

(F) "Political subdivision" or "subdivision" means a	156
municipal corporation, township, county, school district, or other	157
body corporate and politic responsible for governmental activities	158
in a geographic area smaller than that of the state. "Political	159
subdivision" includes, but is not limited to, a county hospital	160
commission appointed under section 339.14 of the Revised Code,	161
regional planning commission created pursuant to section 713.21 of	162
the Revised Code, county planning commission created pursuant to	163
section 713.22 of the Revised Code, joint planning council created	164
pursuant to section 713.231 of the Revised Code, interstate	165
regional planning commission created pursuant to section 713.30 of	166
the Revised Code, port authority created pursuant to section	167
4582.02 or 4582.26 of the Revised Code or in existence on December	168
16, 1964, regional council established by political subdivisions	169
pursuant to Chapter 167. of the Revised Code, emergency planning	170
district and joint emergency planning district designated under	171
section 3750.03 of the Revised Code, joint emergency medical	172
services district created pursuant to section 307.052 of the	173
Revised Code, fire and ambulance district created pursuant to	174
section 505.375 of the Revised Code, joint interstate emergency	175
planning district established by an agreement entered into under	176
that section, county solid waste management district and joint	177
solid waste management district established under section 343.01	178
or 343.012 of the Revised Code, and community school established	179
under Chapter 3314. of the Revised Code.	180

(G)(1) "Proprietary function" means a function of a political	181
subdivision that is specified in division (G)(2) of this section	182
or that satisfies both of the following:	183

(a) The function is not one described in division (C)(1)(a)	184
or (b) of this section and is not one specified in division (C)(2)	185
of this section;	186

(b) The function is one that promotes or preserves the	187
public peace, health, safety, or welfare and that involves	188
activities that are customarily engaged in by nongovernmental	189
persons.	190

(2) A "proprietary function" includes, but is not limited	191
to, the following:	192

(a) The operation of a hospital by one or more political	193
subdivisions;	194

(b) The design, construction, reconstruction, renovation,	195
repair, maintenance, and operation of a public cemetery other than	196
a township cemetery;	197

(c) The establishment, maintenance, and operation of a	198
utility, including, but not limited to, a light, gas, power, or	199
heat plant, a railroad, a busline or other transit company, an	200
airport, and a municipal corporation water supply system;	201

(d) The maintenance, destruction, operation, and upkeep of a	202
sewer system;	203

(e) The operation and control of a public stadium,	204
auditorium, civic or social center, exhibition hall, arts and	205
crafts center, band or orchestra, or off-street parking facility.	206

(H) "Public roads" means public roads, highways, streets,	207
avenues, alleys, and bridges within a political subdivision.	208
"Public roads" does not include berms, shoulders, rights-of-way,	209
or traffic control devices unless the traffic control devices are	210
mandated by the Ohio manual of uniform traffic control devices.	211

(I) "State" means the state of Ohio, including, but not	212
limited to, the general assembly, the supreme court, the offices	213
of all elected state officers, and all departments, boards,	214
offices, commissions, agencies, colleges and universities,	215
institutions, and other instrumentalities of the state of Ohio.	216
"State" does not include political subdivisions.	217

Section 2. That existing section 2744.01 of the Revised Code	218
is hereby repealed.	219

Section 3. That the version of section 2744.01 of the Revised	220
Code that is scheduled to take effect January 1, 2002, be amended	221
to read as follows:	222

Sec. 2744.01.  As used in this chapter:

223

(A) "Emergency call" means a call to duty, including, but not	224
limited to, communications from citizens, police dispatches, and	225
personal observations by peace officers of inherently dangerous	226
situations that demand an immediate response on the part of a	227
peace officer.	228

(B) "Employee" means an officer, agent, employee, or servant,	229
whether or not compensated or full-time or part-time, who is	230
authorized to act and is acting within the scope of the officer's,	231
agent's, employee's, or servant's employment for a political	232
subdivision. "Employee" does not include an independent contractor	233
and does not include any individual engaged by a school district	234
pursuant to section 3319.301 of the Revised Code. "Employee"	235
includes any elected or appointed official of a political	236
subdivision. "Employee" also includes a person who has been	237
convicted of or pleaded guilty to a criminal offense and who has	238
been sentenced to perform community service work in a political	239
subdivision whether pursuant to section 2951.02 of the Revised	240
Code or otherwise, and a child who is found to be a delinquent	241
child and who is ordered by a juvenile court pursuant to section	242
2152.19 or 2152.20 of the Revised Code to perform community	243
service or community work in a political subdivision.	244

(C)(1) "Governmental function" means a function of a	245
political subdivision that is specified in division (C)(2) of this	246
section or that satisfies any of the following:	247

(a) A function that is imposed upon the state as an	248
obligation of sovereignty and that is performed by a political	249
subdivision voluntarily or pursuant to legislative requirement;	250

(b) A function that is for the common good of all citizens	251
of the state;	252

(c) A function that promotes or preserves the public peace,	253
health, safety, or welfare; that involves activities that are not	254
engaged in or not customarily engaged in by nongovernmental	255
persons; and that is not specified in division (G)(2) of this	256
section as a proprietary function.	257

(2) A "governmental function" includes, but is not limited	258
to, the following:	259

(a) The provision or nonprovision of police, fire, emergency	260
medical, ambulance, and rescue services or protection;	261

(b) The power to preserve the peace; to prevent and suppress	262
riots, disturbances, and disorderly assemblages; to prevent,	263
mitigate, and clean up releases of oil and hazardous and extremely	264
hazardous substances as defined in section 3750.01 of the Revised	265
Code; and to protect persons and property;	266

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

267

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

268

(e) The regulation of the use of, and the maintenance and	269
repair of, roads, highways, streets, avenues, alleys, sidewalks,	270
bridges, aqueducts, viaducts, and public grounds;	271

(f) Judicial, quasi-judicial, prosecutorial, legislative,	272
and quasi-legislative functions;	273

(g) The construction, reconstruction, repair, renovation,	274
maintenance, and operation of buildings that are used in	275
connection with the performance of a governmental function,	276
including, but not limited to, office buildings and courthouses;	277

(h) The design, construction, reconstruction, renovation,	278
repair, maintenance, and operation of jails, places of juvenile	279
detention, workhouses, or any other detention facility, as defined	280
in section 2921.01 of the Revised Code;	281

(i) The enforcement or nonperformance of any law;

282

(j) The regulation of traffic, and the erection or	283
nonerection of traffic signs, signals, or control devices;	284

(k) The collection and disposal of solid wastes, as defined	285
in section 3734.01 of the Revised Code, including, but not limited	286
to, the operation of solid waste disposal facilities, as	287
"facilities" is defined in that section, and the collection and	288
management of hazardous waste generated by households. As used in	289
division (C)(2)(k) of this section, "hazardous waste generated by	290
households" means solid waste originally generated by individual	291
households that is listed specifically as hazardous waste in or	292
exhibits one or more characteristics of hazardous waste as defined	293
by rules adopted under section 3734.12 of the Revised Code, but	294
that is excluded from regulation as a hazardous waste by those	295
rules.	296

(l) The provision or nonprovision, planning or design,	297
construction, or reconstruction of a public improvement,	298
including, but not limited to, a sewer system;	299

(m) The operation of a human job and family services	300
department or agency, including, but not limited to, the provision	301
of assistance to aged and infirm persons and to persons who are	302
indigent;	303

(n) The operation of a health board, department, or agency,	304
including, but not limited to, any statutorily required or	305
permissive program for the provision of immunizations or other	306
inoculations to all or some members of the public, provided that a	307
"governmental function" does not include the supply, manufacture,	308
distribution, or development of any drug or vaccine employed in	309
any such immunization or inoculation program by any supplier,	310
manufacturer, distributor, or developer of the drug or vaccine;	311

(o) The operation of mental health facilities, mental	312
retardation or developmental disabilities facilities, alcohol	313
treatment and control centers, and children's homes or agencies;	314

(p) The provision or nonprovision of inspection services of	315
all types, including, but not limited to, inspections in	316
connection with building, zoning, sanitation, fire, plumbing, and	317
electrical codes, and the taking of actions in connection with	318
those types of codes, including, but not limited to, the approval	319
of plans for the construction of buildings or structures and the	320
issuance or revocation of building permits or stop work orders in	321
connection with buildings or structures;	322

(q) Urban renewal projects and the elimination of slum	323
conditions;	324

(r) Flood control measures;

325

(s) The design, construction, reconstruction, renovation,	326
operation, care, repair, and maintenance of a township cemetery;	327

(t) The issuance of revenue obligations under section 140.06	328
of the Revised Code;	329

(u) The design, construction, reconstruction, renovation,	330
repair, maintenance, and operation of any recreational area or	331
facility, including, but not limited to, any of the following:	332

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

333

(ii) An indoor recreational facility,;

334

(iii) A zoo, or zoological park,;

335

(iv) A bath, swimming pool, pond, water park, wading pool,	336
wave pool, water slide, and or other type of aquatic facility, or;	337

(v) A golf course;

338

(vi) A bicycle motocross facility or other type of	339
recreational area or facility in which bicycling, skating, skate	340
boarding, or scooter riding is engaged;	341

(vii) A rope course or climbing walls;

342

(viii) An all-purpose vehicle facility in which all-purpose	343
vehicles, as defined in section 4519.01 of the Revised Code, are	344
contained, maintained, or operated for recreational activities.	345

(v) The provision of public defender services by a county or	346
joint county public defender's office pursuant to Chapter 120. of	347
the Revised Code;	348

(w) A function that the general assembly mandates a	349
political subdivision to perform.	350

(D) "Law" means any provision of the constitution, statutes,	351
or rules of the United States or of this state; provisions of	352
charters, ordinances, resolutions, and rules of political	353
subdivisions; and written policies adopted by boards of education.	354
When used in connection with the "common law," this definition	355
does not apply.	356

(E) "Motor vehicle" has the same meaning as in section	357
4511.01 of the Revised Code.	358

(F) "Political subdivision" or "subdivision" means a	359
municipal corporation, township, county, school district, or other	360
body corporate and politic responsible for governmental activities	361
in a geographic area smaller than that of the state. "Political	362
subdivision" includes, but is not limited to, a county hospital	363
commission appointed under section 339.14 of the Revised Code,	364
regional planning commission created pursuant to section 713.21 of	365
the Revised Code, county planning commission created pursuant to	366
section 713.22 of the Revised Code, joint planning council created	367
pursuant to section 713.231 of the Revised Code, interstate	368
regional planning commission created pursuant to section 713.30 of	369
the Revised Code, port authority created pursuant to section	370
4582.02 or 4582.26 of the Revised Code or in existence on December	371
16, 1964, regional council established by political subdivisions	372
pursuant to Chapter 167. of the Revised Code, emergency planning	373
district and joint emergency planning district designated under	374
section 3750.03 of the Revised Code, joint emergency medical	375
services district created pursuant to section 307.052 of the	376
Revised Code, fire and ambulance district created pursuant to	377
section 505.375 of the Revised Code, joint interstate emergency	378
planning district established by an agreement entered into under	379
that section, county solid waste management district and joint	380
solid waste management district established under section 343.01	381
or 343.012 of the Revised Code, and community school established	382
under Chapter 3314. of the Revised Code.	383

(G)(1) "Proprietary function" means a function of a political	384
subdivision that is specified in division (G)(2) of this section	385
or that satisfies both of the following:	386

(a) The function is not one described in division (C)(1)(a)	387
or (b) of this section and is not one specified in division (C)(2)	388
of this section;	389

(b) The function is one that promotes or preserves the	390
public peace, health, safety, or welfare and that involves	391
activities that are customarily engaged in by nongovernmental	392
persons.	393

(2) A "proprietary function" includes, but is not limited	394
to, the following:	395

(a) The operation of a hospital by one or more political	396
subdivisions;	397

(b) The design, construction, reconstruction, renovation,	398
repair, maintenance, and operation of a public cemetery other than	399
a township cemetery;	400

(c) The establishment, maintenance, and operation of a	401
utility, including, but not limited to, a light, gas, power, or	402
heat plant, a railroad, a busline or other transit company, an	403
airport, and a municipal corporation water supply system;	404

(d) The maintenance, destruction, operation, and upkeep of a	405
sewer system;	406

(e) The operation and control of a public stadium,	407
auditorium, civic or social center, exhibition hall, arts and	408
crafts center, band or orchestra, or off-street parking facility.	409

(H) "Public roads" means public roads, highways, streets,	410
avenues, alleys, and bridges within a political subdivision.	411
"Public roads" does not include berms, shoulders, rights-of-way,	412
or traffic control devices unless the traffic control devices are	413
mandated by the Ohio manual of uniform traffic control devices.	414

(I) "State" means the state of Ohio, including, but not	415
limited to, the general assembly, the supreme court, the offices	416
of all elected state officers, and all departments, boards,	417
offices, commissions, agencies, colleges and universities,	418
institutions, and other instrumentalities of the state of Ohio.	419
"State" does not include political subdivisions.	420

Section 4. That the version of existing section 2744.01 of	421
the Revised Code that is scheduled to take effect January 1, 2002,	422
is hereby repealed.	423

Section 5. That Sections 3 and 4 of this act shall take	424
effect on January 1, 2002.	425

Section 6. Section 2744.01 of the Revised Code was amended by	426
Am. Sub. H.B. 350 of the 121st General Assembly and was amended by	427
acts subsequent to its amendment by Am. Sub. H.B. 350. This act	428
amends section 2744.01 of the Revised Code to remove substantive	429
matter inserted by, and to revive substantive matter removed by,	430
Am. Sub. H.B. 350 of the 121st General Assembly. This act retains	431
in section 2744.01 of the Revised Code amendments that were made	432
subsequent to Am. Sub. H.B. 350 of the 121st General Assembly and	433
that are independent of the purposes of Am. Sub. H.B. 350. The	434
removal, revival, or retention of that language is not intended to	435
have any substantive effect and is intended to present in Sections	436
1 and 3 of this act the version of section 2744.01 of the Revised	437
Code that is currently effective.	438