As Passed by the House

125th General Assembly
Regular Session
2003-2004
Am. Sub. H. B. No. 316


REPRESENTATIVES Wolpert, McGregor, Hughes, Reidelbach, Cirelli, Raussen, Kearns, Williams, Latta, Brinkman, Seitz, Willamowski, D. Evans, Widener, Aslanides, Buehrer, Calvert, Carmichael, Chandler, Collier, Daniels, Domenick, C. Evans, Faber, Flowers, Gibbs, Gilb, Hagan, Hollister, Niehaus, Olman, T. Patton, Reinhard, Schaffer, Schmidt, Schneider, Setzer, Sferra, G. Smith, J. Stewart, Walcher, Young



A BILL
To amend sections 9.87, 2743.01, and 2743.02 and to 1
enact sections 341.27 and 753.06 of the Revised 2
Code to provide sheriffs, deputy sheriffs, 3
municipal police officers, county and municipal 4
correctional officers, community-based 5
correctional facility officers, and halfway house 6
facility officers and counties, municipal 7
corporations, and townships in which prisoners 8
work on a work detail and that employ the officers 9
supervising the work detail with qualified 10
immunity from damages caused by outside work 11
details consisting of prisoners or adult offenders 12
imprisoned or residing in a halfway house facility 13
for nonviolent offenses who volunteer for the work 14
detail and to adopt the public duty rule for 15
lawsuits against the state in the Court of Claims 16
pursuant to which the state is generally immune 17
from liability in any civil action or proceeding 18
involving the performance or nonperformance of a 19
public duty.20


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

       Section 1. That sections 9.87, 2743.01, and 2743.02 be 21
amended and sections 341.27 and 753.06 of the Revised Code be 22
enacted to read as follows:23

       Sec. 9.87.  (A) The state, except as provided in division (B) 24
of this section, shall indemnify an officer or employee from 25
liability incurred in the performance of hisofficial duties by26
paying any judgment in, or amount negotiated in settlement of, any 27
civil action arising under federal law, the law of another state, 28
or the law of a foreign jurisdiction. The reasonableness of the 29
amount of any consent judgment or settlement is subject to the 30
review and approval of the attorney general and of the director, 31
administrative chief, or governing body of the employer of the 32
officer or employee who is to be indemnified. The maximum33
aggregate amount of indemnification paid directly from state funds 34
to or on behalf of any officer or employee pursuant to this35
division shall be one million dollars per occurrence, regardless36
of the number of persons who suffer damage, injury, or death as a37
result of the occurrence.38

       (B) The state shall not indemnify an officer or employee39
under any of the following circumstances:40

       (1) To the extent the officer or employee is covered by a41
policy of insurance for civil liability purchased by the state;42

       (2) When the officer or employee acts manifestly outside the 43
scope of histhe officer's or employee's employment or official 44
responsibilities, with malicious purpose, in bad faith, or in a 45
wanton or reckless manner, as determined by the employer of the 46
officer or employee or by the attorney general.47

       (3) For any portion of a judgment that represents punitive or 48
exemplary damages, except that this prohibition does not apply if 49
the employer of the officer or employee and the attorney general 50
determine that the acts or omissions of the officer or employee 51
were not within the terms of division (B)(2) of this section;52

       (4) For any portion of a consent judgment or settlement that 53
is unreasonable.54

       (C) The director of administrative services may purchase a55
policy or policies of insurance on behalf of officers and56
employees of the state from an insurer or insurers licensed to do57
business in this state providing coverage for amounts in excess of 58
one million dollars per occurrence incurred in connection with any 59
civil action, demand, or claim against the officer or employee by 60
reason of an act or omission by the officer or employee occurring 61
in the performance of histhe officer's or employee's duties and 62
not coming within the terms of division (B)(2) of this section.63

       (D) This section does not affect any of the following:64

       (1) The waiver arising under division (A)(1) of section65
2743.02 of the Revised Code;66

       (2) Any defense that would otherwise be available in an67
action alleging personal liability of an officer or employee;68

       (3) The operation of section 9.83 of the Revised Code.69

       (E) The indemnification of officers or employees against70
judgments or settlements pursuant to this section shall be71
accomplished only through the following procedure:72

       (1) If the employer of the defendant officer or employee to 73
be indemnified determines that the actions or omissions of its74
officer or employee giving rise to the claim were not within the75
terms of division (B)(2) of this section, an indemnity agreement76
shall be prepared by the attorney general, specifying that the77
employer will indemnify the officer or employee from a particular78
judgment that has been rendered or a particular settlement amount79
that has been negotiated. The agreement shall name the person or80
entity to whom payment by the state of the judgment or settlement81
amount will be made, and the agreement shall not be effective82
until it is approved by the officer or employee to be indemnified, 83
the director, administrative chief, or other governing body of the 84
employer, and by the attorney general. The attorney general shall 85
approve the indemnity agreement, unless hethe attorney general86
finds that division (B) of this section prohibits the state from87
indemnifying the officer or employee, or prohibits the state from88
indemnifying the officer or employee for a portion of a judgment89
or settlement and the indemnity agreement would indemnify the90
officer or employee for all or a part of that portion.91

       (2) The attorney general shall forward a copy of the92
agreement to the director of budget and management.93

       (3) Any indemnification paid shall be charged by the director 94
of budget and management against available unencumbered moneys in 95
the appropriations of the employer of the officer or employee to 96
be indemnified. The director of budget and management shall have 97
sole discretion to determine whether or not unencumbered moneys in 98
a particular appropriation are available for payment of the 99
indemnification.100

       (4) The director of budget and management shall, upon receipt 101
of the agreement from the attorney general pursuant to division 102
(E)(2) of this section, provide for payment to the person or 103
entity named in the agreement, in the amount specified in the 104
agreement.105

       (5) If the director of budget and management determines that 106
sufficient unencumbered moneys do not exist in the particular 107
appropriations to pay the indemnification, hethe director shall108
make application for payment of the indemnification out of the109
emergency purposes account or any other appropriation for110
emergencies or contingencies, and payment out of this account or111
other appropriation shall be authorized if there are sufficient112
moneys greater than the sum total of then pending emergency113
purposes account requests, or requests for releases from the other 114
appropriation.115

       (6) If sufficient moneys do not exist in the emergency116
purposes account or any other appropriation for emergencies or117
contingencies to pay the indemnification, the employer named in118
the agreement shall request the general assembly to make an119
appropriation sufficient to pay the indemnification, and no120
payment shall be made until the appropriation has been made. The121
employer shall make this appropriation request during the current122
biennium and during each succeeding biennium until a sufficient123
appropriation is made.124

       (7) If the indemnification is to be made by an employer whose 125
funds are not handled by the director of budget and management, 126
the employer shall pay the person or entity named in the 127
agreement.128

       If the employer determines that sufficient unencumbered129
moneys do not exist to pay the indemnification, the employer shall 130
make application for payment of the indemnification out of the 131
emergency purposes account or any other appropriation for132
emergencies or contingencies, and payment out of this account or133
other appropriation shall be authorized if there are sufficient134
moneys greater than the sum total of then pending emergency135
purposes account requests, or requests for releases from the other 136
appropriation.137

       If sufficient moneys do not exist in the emergency purposes138
account or any other appropriation for emergencies or139
contingencies to pay the indemnification, the employer named in140
the agreement shall request the general assembly to make an141
appropriation sufficient to pay the indemnification, and no142
payment shall be made until such an appropriation has been made.143
The employer shall make this appropriation request during the144
current biennium and during each succeeding biennium until a145
sufficient appropriation is made.146

       (F)(1) Subject to division (F)(2) of this section, if an 147
employer or the attorney general fails to approve indemnification 148
or limits indemnification of an officer or employee of the 149
employer, the officer or employee may commence an action against 150
the employer in the court of claims pursuant to sections 2743.01 151
to 2743.20 of the Revised Code to prove that hethe officer or 152
employee is entitled to indemnification pursuant to division (A) 153
of this section and that division (B) of this section does not 154
prohibit or limit histhe officer's or employee's indemnification 155
and seeking either a judgment against the employer for a sum of 156
money that the officer or employee has paid to satisfy a judgment 157
or settlement or an order directing the employer to pay a judgment 158
or settlement against the officer or employee that has not been 159
satisfied. Section 109.365 of the Revised Code does not prohibit 160
any information obtained by the attorney general in histhe 161
attorney general's investigation conducted pursuant to division 162
(A) of section 109.362 of the Revised Code to determine whether to 163
defend the officer or employee from being admitted as evidence in 164
any action brought pursuant to this section.165

       An action brought pursuant to division (F)(1) of this section 166
shall be commenced no later than two years after the cause of 167
action arising under division (F)(1) of this section accrues. A 168
cause of action arising under this section accrues upon the entry 169
of a money judgment against the officer or employee if the time 170
for filing an appeal in the action lapses without the filing of an 171
appeal, upon the conclusion of the final appeal in any action in 172
which a money judgment is entered against the officer or employee 173
if an appeal is filed in the action, or upon execution of any 174
settlement agreement requiring payment of money by the officer or 175
employee.176

       (2) Notwithstanding division (F)(1) of this section, an 177
officer or employee may not commence an action against the 178
employer in the court of claims or in any other court regarding a 179
refusal of the employer or the attorney general to indemnify 180
punitive or exemplary damages pursuant to this section.181

       Sec. 341.27.  (A) As used in this section:182

       (1) "County correctional facility" has the same meaning as in 183
section 341.42 of the Revised Code.184

       (2) "County correctional officer" has the same meaning as in 185
section 341.41 of the Revised Code.186

       (3) "Community-based correctional facility" means a 187
community-based correctional facility or a district 188
community-based correctional facility established pursuant to 189
sections 2301.51 to 2301.56 of the Revised Code.190

       (4) "Community-based correctional facility officer" means a 191
person who is appointed by a judicial corrections board as the 192
director or an employee of a community-based correctional facility 193
pursuant to section 2301.55 of the Revised Code.194

       (5) "Halfway house facility" means a facility, including a 195
community residential facility, licensed as a suitable facility 196
for the care and treatment of adult offenders by the division of 197
parole and community services of the department of rehabilitation 198
and correction pursuant to section 2967.14 of the Revised Code.199

        (6) "Halfway house facility officer" means a person who is 200
employed as the director or an employee of a halfway house 201
facility.202

       (B) Whenever the officer having charge of a county 203
correctional facility, a community-based correctional facility, or 204
a halfway house facility intends to have prisoners or adult 205
offenders work outside the facility on a work detail, the officer 206
shall give advance written notice or notice by electronic mail to 207
the chief executive officer of any municipal corporation and the 208
township clerk of any township in which the prisoners or adult 209
offenders will be working on the work detail of the date or dates 210
on which, and the approximate locations at which, the work will be 211
performed, the nature of the work, and the approximate number of 212
prisoners or adult offenders who will be working on the work 213
detail.214

        (C) If all the prisoners or adult offenders working on a work 215
detail administered by a county correctional facility, a 216
community-based correctional facility, or a halfway house facility 217
and outside the facility have volunteered for the work detail and 218
are imprisoned or reside in that facility for an offense other 219
than an offense of violence and if the applicable county 220
correctional officer, community-based correctional officer, or 221
halfway house facility officer complies with division (D) of this 222
section, both of the following apply:223

       (1) No sheriff, deputy sheriff, county correctional officer, 224
community-based correctional facility officer, or halfway house 225
facility officer is liable for civil damages for injury, death, or 226
loss to person or property caused or suffered by a prisoner or 227
adult offender working on the work detail unless the injury, 228
death, or loss results from malice or wanton or reckless 229
misconduct of the sheriff, deputy sheriff, county correctional 230
officer, community-based correctional facility officer, or halfway 231
house facility officer.232

       (2) The county in which the prisoners or adult offenders work 233
on the work detail and that employs the sheriff, deputy sheriff, 234
county correctional officer, community-based correctional facility 235
officer, or halfway house facility officer is not liable for civil 236
damages for injury, death, or loss to person or property caused or 237
suffered by a prisoner or adult offender working on the work 238
detail unless the injury, death, or loss results from malice or 239
wanton or reckless misconduct of the sheriff or any deputy 240
sheriff, county correctional officer, community-based correctional 241
facility officer, or halfway house facility officer.242

       (D) To qualify for the immunity described in division (C)(1) 243
of this section, a county correctional officer, a community-based 244
correctional facility officer, or a halfway house facility officer 245
shall do all of the following for each prisoner or adult offender 246
on a work detail prior to having the prisoners or adult offenders 247
of the county correctional facility, the community-based 248
correctional facility, or the halfway house facility work outside 249
the facility on a work detail:250

       (1) Determine, in good faith, that the prisoner or adult 251
offender is mentally capable of volunteering for the work detail 252
and is not subject to duress or under undue influence;253

       (2) Inform the prisoner or adult offender of the provisions 254
of this section, including notifying the prisoner or adult 255
offender that, by volunteering for the work detail, the prisoner 256
or adult offender cannot hold the sheriff, deputy sheriff, county 257
correctional officer, community-based correctional facility 258
officer, or halfway house facility officer or county liable for 259
civil damages for injury, death, or loss to person or property 260
unless the injury, death, or loss results from malice or wanton or 261
reckless misconduct of the sheriff, deputy sheriff, county 262
correctional officer, community-based correctional facility 263
officer, or halfway house facility officer;264

       (3) Obtain a written waiver, signed by the prisoner or adult 265
offender, that states that the prisoner or adult offender is 266
mentally competent to volunteer for the work detail and is not 267
subject to duress or under undue influence. A written waiver under 268
division (D)(3) of this section shall state clearly and in 269
conspicuous type that the prisoner or adult offender who signs the 270
waiver is signing it with full knowledge that, by volunteering for 271
the work detail, the prisoner or adult offender cannot hold the 272
sheriff, deputy sheriff, county correctional officer, 273
community-based correctional facility officer, or halfway house 274
facility officer or the county liable for civil damages for 275
injury, death, or loss to person or property unless the injury, 276
death, or loss results from malice or wanton or reckless 277
misconduct of the sheriff, deputy sheriff, county correctional 278
officer, community-based correctional facility officer, or halfway 279
house facility officer.280

       Sec. 753.06.  (A) As used in this section:281

       (1) "Municipal correctional facility" has the same meaning as 282
in section 753.32 of the Revised Code.283

       (2) "Municipal correctional officer" has the same meaning as 284
in section 753.31 of the Revised Code.285

       (B) Whenever the officer having charge of a municipal 286
correctional facility intends to have prisoners work outside the 287
facility on a work detail, the officer shall give advance written 288
notice or notice by electronic mail to the chief executive officer 289
of any municipal corporation and the township clerk of any 290
township in which the prisoners will be working on the work detail 291
of the date or dates on which, and the approximate locations at 292
which, the work will be performed, the nature of the work, and the 293
approximate number of prisoners who will be working on the work 294
detail.295

       (C) If all the prisoners working on a work detail 296
administered by a municipal correctional facility and outside the 297
facility have volunteered for the work detail and are imprisoned 298
in that facility for an offense other than an offense of violence 299
and if the applicable municipal correctional officer complies with 300
division (D) of this section, both of the following apply:301

       (1) No member of the organized police department of the 302
municipal corporation and no municipal correctional officer is 303
liable for civil damages for injury, death, or loss to person or 304
property caused or suffered by a prisoner working on the work 305
detail unless the injury, death, or loss results from malice or 306
wanton or reckless misconduct of the member of the organized 307
police department of the municipal corporation or the municipal 308
correctional officer.309

       (2) A municipal corporation or township in which the 310
prisoners work on the work detail and that employs the member of 311
the organized police department or the municipal corrections 312
officer is not liable for civil damages for injury, death, or loss 313
to person or property caused or suffered by a prisoner working on 314
the work detail unless the injury results from malice or wanton or 315
reckless misconduct of the member of the organized police 316
department of the municipal corporation or a municipal 317
correctional officer.318

       (D) To qualify for the immunity described in division (C)(1) 319
of this section, a municipal correctional officer shall do all of 320
the following for each prisoner on a work detail prior to having 321
the prisoners of the municipal correctional facility work outside 322
the facility on a work detail:323

       (1) Determine, in good faith, that the prisoner is mentally 324
capable of volunteering for the work detail and is not subject to 325
duress or under undue influence;326

       (2) Inform the prisoner of the provisions of this section, 327
including notifying the prisoner that, by volunteering for the 328
work detail, the prisoner cannot hold any member of the organized 329
police department of the municipal corporation or any municipal 330
correctional officer or the municipal corporation or township 331
liable for civil damages for injury, death, or loss to person or 332
property unless the injury, death, or loss results from malice or 333
wanton or reckless misconduct of the member of the organized 334
police department of the municipal corporation or the municipal 335
correctional officer;336

       (3) Obtain a written waiver, signed by the prisoner, that 337
states that the prisoner is mentally competent to volunteer for 338
the work detail and is not subject to duress or under undue 339
influence. A written waiver under division (D)(3) of this section 340
shall state clearly and in conspicuous type that the prisoner who 341
signs the waiver is signing it with full knowledge that, by 342
volunteering for the work detail, the prisoner cannot hold any 343
member of the organized police department of a municipal 344
corporation or a municipal correctional officer or the municipal 345
corporation or township liable for civil damages for injury, 346
death, or loss to person or property unless the injury, death, or 347
loss results from malice or wanton or reckless misconduct of the 348
member of the organized police department of the municipal 349
corporation or the municipal correctional officer.350

       Sec. 2743.01.  As used in this chapter:351

       (A) "State" means the state of Ohio, including, but not352
limited to, the general assembly, the supreme court, the offices353
of all elected state officers, and all departments, boards,354
offices, commissions, agencies, institutions, and other355
instrumentalities of the state of Ohio. "State" does not include356
political subdivisions.357

       (B) "Political subdivisions" means municipal corporations,358
townships, counties, school districts, and all other bodies359
corporate and politic responsible for governmental activities only 360
in geographic areas smaller than that of the state to which the 361
sovereign immunity of the state attaches.362

       (C) "Claim for an award of reparations" or "claim" means a363
claim for an award of reparations made under sections 2743.51 to364
2743.72 of the Revised Code.365

       (D) "Award of reparations" or "award" means an award made366
under sections 2743.51 to 2743.72 of the Revised Code.367

       (E)(1) "Public duty" includes, but is not limited to, any 368
statutory, regulatory, or assumed duty concerning any action or 369
omission of the state involving any of the following:370

       (a) Permitting, certifying, licensing, inspecting, 371
investigating, supervising, regulating, auditing, monitoring, law 372
enforcement, or emergency response activity;373

       (b) Supervising, rehabilitating, or liquidating corporations 374
or other business entities.375

       (2) "Public duty" does not include any action of the state 376
under circumstances in which a special relationship can be 377
established between the state and an injured party as provided in 378
division (A)(3) of section 2743.02 of the Revised Code.379

       Sec. 2743.02.  (A)(1) The state hereby waives its immunity380
from liability, except as provided for the office of the state 381
fire marshal in division (G)(1) of section 9.60 and division (B) 382
of section 3737.221 of the Revised Code and subject to division 383
(H) of this section, and consents to be sued, and have its 384
liability determined, in the court of claims created in this 385
chapter in accordance with the same rules of law applicable to 386
suits between private parties, except that the determination of 387
liability is subject to the limitations set forth in this chapter 388
and, in the case of state universities or colleges, in section 389
3345.40 of the Revised Code, and except as provided in division 390
(A)(2) or (3) of this section. To the extent that the state has 391
previously consented to be sued, this chapter has no 392
applicability.393

       Except in the case of a civil action filed by the state,394
filing a civil action in the court of claims results in a complete395
waiver of any cause of action, based on the same act or omission,396
which the filing party has against any officer or employee, as397
defined in section 109.36 of the Revised Code. The waiver shall be 398
void if the court determines that the act or omission was399
manifestly outside the scope of the officer's or employee's office400
or employment or that the officer or employee acted with malicious401
purpose, in bad faith, or in a wanton or reckless manner.402

       (2) If a claimant proves in the court of claims that an403
officer or employee, as defined in section 109.36 of the Revised404
Code, would have personal liability for the officer's or405
employee's acts or omissions but for the fact that the officer or406
employee has personal immunity under section 9.86 of the Revised407
Code, the state shall be held liable in the court of claims in any408
action that is timely filed pursuant to section 2743.16 of the409
Revised Code and that is based upon the acts or omissions.410

       (3)(a) Except as provided in division (A)(3)(b) of this 411
section, the state is immune from liability in any civil action or 412
proceeding involving the performance or nonperformance of a public 413
duty, including the performance or nonperformance of a public duty 414
that is owed by the state in relation to any action of an 415
individual who is committed to the custody of the state.416

       (b) The state immunity provided in division (A)(3)(a) of this 417
section does not apply to any action of the state under 418
circumstances in which a special relationship can be established 419
between the state and an injured party. A special relationship 420
under this division is demonstrated if all of the following 421
elements exist:422

       (i) An assumption by the state, by means of promises or 423
actions, of an affirmative duty to act on behalf of the party who 424
was allegedly injured;425

       (ii) Knowledge on the part of the state's agents that 426
inaction of the state could lead to harm;427

       (iii) Some form of direct contact between the state's agents 428
and the injured party;429

       (iv) The injured party's justifiable reliance on the state's 430
affirmative undertaking.431

       (B) The state hereby waives the immunity from liability of432
all hospitals owned or operated by one or more political433
subdivisions and consents for them to be sued, and to have their434
liability determined, in the court of common pleas, in accordance435
with the same rules of law applicable to suits between private436
parties, subject to the limitations set forth in this chapter.437
This division is also applicable to hospitals owned or operated by438
political subdivisions which have been determined by the supreme439
court to be subject to suit prior to July 28, 1975.440

       (C) Any hospital, as defined in section 2305.113 of the441
Revised Code, may purchase liability insurance covering its442
operations and activities and its agents, employees, nurses,443
interns, residents, staff, and members of the governing board and444
committees, and, whether or not such insurance is purchased, may,445
to such extent as its governing board considers appropriate,446
indemnify or agree to indemnify and hold harmless any such person447
against expense, including attorney's fees, damage, loss, or other 448
liability arising out of, or claimed to have arisen out of, the 449
death, disease, or injury of any person as a result of the450
negligence, malpractice, or other action or inaction of the451
indemnified person while acting within the scope of the452
indemnified person's duties or engaged in activities at the453
request or direction, or for the benefit, of the hospital. Any454
hospital electing to indemnify such persons, or to agree to so455
indemnify, shall reserve such funds as are necessary, in the456
exercise of sound and prudent actuarial judgment, to cover the457
potential expense, fees, damage, loss, or other liability. The458
superintendent of insurance may recommend, or, if such hospital459
requests the superintendent to do so, the superintendent shall460
recommend, a specific amount for any period that, in the461
superintendent's opinion, represents such a judgment. This462
authority is in addition to any authorization otherwise provided463
or permitted by law.464

       (D) Recoveries against the state shall be reduced by the465
aggregate of insurance proceeds, disability award, or other466
collateral recovery received by the claimant. This division does467
not apply to civil actions in the court of claims against a state468
university or college under the circumstances described in section469
3345.40 of the Revised Code. The collateral benefits provisions of 470
division (B)(2) of that section apply under those circumstances.471

       (E) The only defendant in original actions in the court of472
claims is the state. The state may file a third-party complaint or 473
counterclaim in any civil action, except a civil action for two474
thousand five hundred dollars or less, that is filed in the court475
of claims.476

       (F) A civil action against an officer or employee, as defined 477
in section 109.36 of the Revised Code, that alleges that the 478
officer's or employee's conduct was manifestly outside the scope 479
of the officer's or employee's employment or official480
responsibilities, or that the officer or employee acted with481
malicious purpose, in bad faith, or in a wanton or reckless manner482
shall first be filed against the state in the court of claims,483
which has exclusive, original jurisdiction to determine,484
initially, whether the officer or employee is entitled to personal485
immunity under section 9.86 of the Revised Code and whether the486
courts of common pleas have jurisdiction over the civil action.487

       The filing of a claim against an officer or employee under488
this division tolls the running of the applicable statute of489
limitations until the court of claims determines whether the490
officer or employee is entitled to personal immunity under section491
9.86 of the Revised Code.492

       (G) Whenever a claim lies against an officer or employee who493
is a member of the Ohio national guard, and the officer or494
employee was, at the time of the act or omission complained of,495
subject to the "Federal Tort Claims Act," 60 Stat. 842 (1946), 28496
U.S.C. 2671, et seq., then the Federal Tort Claims Act is the497
exclusive remedy of the claimant and the state has no liability498
under this section.499

       (H) If an inmate of a state correctional institution has a 500
claim against the state for the loss of or damage to property and 501
the amount claimed does not exceed three hundred dollars, before 502
commencing an action against the state in the court of claims, the 503
inmate shall file a claim for the loss or damage under the rules 504
adopted by the director of rehabilitation and correction pursuant 505
to this division. The inmate shall file the claim within the time 506
allowed for commencement of a civil action under section 2743.16 507
of the Revised Code. If the state admits or compromises the claim, 508
the director shall make payment from a fund designated by the 509
director for that purpose. If the state denies the claim or does 510
not compromise the claim at least sixty days prior to expiration 511
of the time allowed for commencement of a civil action based upon 512
the loss or damage under section 2743.16 of the Revised Code, the 513
inmate may commence an action in the court of claims under this 514
chapter to recover damages for the loss or damage.515

       The director of rehabilitation and correction shall adopt 516
rules pursuant to Chapter 119. of the Revised Code to implement 517
this division.518

       Section 2. That existing sections 9.87, 2743.01, and 2743.02 519
of the Revised Code are hereby repealed.520