REPRESENTATIVES Wolpert, McGregor, Hughes, Reidelbach, Cirelli, Raussen, Kearns, Williams, Latta, Brinkman, Seitz, Willamowski, D. Evans, Widener

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 by	26
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 maximum	33
aggregate amount of indemnification paid directly from state funds	34
to or on behalf of any officer or employee pursuant to this	35
division shall be one million dollars per occurrence, regardless	36
of the number of persons who suffer damage, injury, or death as a	37
result of the occurrence.	38

(B) The state shall not indemnify an officer or employee	39
under any of the following circumstances:	40

(1) To the extent the officer or employee is covered by a	41
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 a	55
policy or policies of insurance on behalf of officers and	56
employees of the state from an insurer or insurers licensed to do	57
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 section	65
2743.02 of the Revised Code;	66

(2) Any defense that would otherwise be available in an	67
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 against	70
judgments or settlements pursuant to this section shall be	71
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 its	74
officer or employee giving rise to the claim were not within the	75
terms of division (B)(2) of this section, an indemnity agreement	76
shall be prepared by the attorney general, specifying that the	77
employer will indemnify the officer or employee from a particular	78
judgment that has been rendered or a particular settlement amount	79
that has been negotiated. The agreement shall name the person or	80
entity to whom payment by the state of the judgment or settlement	81
amount will be made, and the agreement shall not be effective	82
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 general	86
finds that division (B) of this section prohibits the state from	87
indemnifying the officer or employee, or prohibits the state from	88
indemnifying the officer or employee for a portion of a judgment	89
or settlement and the indemnity agreement would indemnify the	90
officer or employee for all or a part of that portion.	91

(2) The attorney general shall forward a copy of the	92
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 shall	108
make application for payment of the indemnification out of the	109
emergency purposes account or any other appropriation for	110
emergencies or contingencies, and payment out of this account or	111
other appropriation shall be authorized if there are sufficient	112
moneys greater than the sum total of then pending emergency	113
purposes account requests, or requests for releases from the other	114
appropriation.	115

(6) If sufficient moneys do not exist in the emergency	116
purposes account or any other appropriation for emergencies or	117
contingencies to pay the indemnification, the employer named in	118
the agreement shall request the general assembly to make an	119
appropriation sufficient to pay the indemnification, and no	120
payment shall be made until the appropriation has been made. The	121
employer shall make this appropriation request during the current	122
biennium and during each succeeding biennium until a sufficient	123
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 unencumbered	129
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 for	132
emergencies or contingencies, and payment out of this account or	133
other appropriation shall be authorized if there are sufficient	134
moneys greater than the sum total of then pending emergency	135
purposes account requests, or requests for releases from the other	136
appropriation.	137

If sufficient moneys do not exist in the emergency purposes	138
account or any other appropriation for emergencies or	139
contingencies to pay the indemnification, the employer named in	140
the agreement shall request the general assembly to make an	141
appropriation sufficient to pay the indemnification, and no	142
payment shall be made until such an appropriation has been made.	143
The employer shall make this appropriation request during the	144
current biennium and during each succeeding biennium until a	145
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 work on the work detail	233
and that employs the sheriff, deputy sheriff, county correctional	234
officer, community-based correctional facility officer, or halfway	235
house facility officer is not liable for civil damages for injury,	236
death, or loss to person or property caused or suffered by a	237
prisoner or adult offender working on the work detail unless the	238
injury results from malice or wanton or reckless misconduct of the	239
sheriff or any deputy sheriff, county correctional officer,	240
community-based correctional facility officer, or halfway house	241
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 municipal corporation or township liable for	275
civil damages for injury, death, or loss to person or property	276
unless the injury, death, or loss results from malice or wanton or	277
reckless misconduct of the sheriff, deputy sheriff, county	278
correctional officer, community-based correctional facility	279
officer, or halfway 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 correction 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 corrections	317
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 liable for civil damages for injury, death,	331
or loss to person or property unless the injury, death, or loss	332
results from malice or wanton or reckless misconduct of the member	333
of the organized police department of the municipal corporation or	334
the municipal correctional officer;	335

(3) Obtain a written waiver, signed by the prisoner, that	336
states that the prisoner is mentally competent to volunteer for	337
the work detail and is not subject to duress or under undue	338
influence. A written waiver under division (D)(3) of this section	339
shall state clearly and in conspicuous type that the prisoner who	340
signs the waiver is signing it with full knowledge that, by	341
volunteering for the work detail, the prisoner cannot hold any	342
member of the organized police department of a municipal	343
corporation or a municipal correctional officer liable for civil	344
damages for injury, death, or loss to person or property unless	345
the injury, death, or loss results from malice or wanton or	346
reckless misconduct of the member of the organized police	347
department of the municipal corporation or the municipal	348
correctional officer.	349

Sec. 2743.01.  As used in this chapter:

350

(A) "State" means the state of Ohio, including, but not	351
limited to, the general assembly, the supreme court, the offices	352
of all elected state officers, and all departments, boards,	353
offices, commissions, agencies, institutions, and other	354
instrumentalities of the state of Ohio. "State" does not include	355
political subdivisions.	356

(B) "Political subdivisions" means municipal corporations,	357
townships, counties, school districts, and all other bodies	358
corporate and politic responsible for governmental activities only	359
in geographic areas smaller than that of the state to which the	360
sovereign immunity of the state attaches.	361

(C) "Claim for an award of reparations" or "claim" means a	362
claim for an award of reparations made under sections 2743.51 to	363
2743.72 of the Revised Code.	364

(D) "Award of reparations" or "award" means an award made	365
under sections 2743.51 to 2743.72 of the Revised Code.	366

(E)(1) "Public duty" includes, but is not limited to, any	367
statutory, regulatory, or assumed duty concerning any action or	368
omission of the state involving any of the following:	369

(a) Permitting, certifying, licensing, inspecting,	370
investigating, supervising, regulating, auditing, monitoring, law	371
enforcement, or emergency response activity;	372

(b) Supervising, rehabilitating, or liquidating corporations	373
or other business entities.	374

(2) "Public duty" does not include any action of the state	375
under circumstances in which a special relationship can be	376
established between the state and an injured party as provided in	377
division (A)(3) of section 2743.02 of the Revised Code.	378

Sec. 2743.02.  (A)(1) The state hereby waives its immunity	379
from liability, except as provided for the office of the state	380
fire marshal in division (G)(1) of section 9.60 and division (B)	381
of section 3737.221 of the Revised Code and subject to division	382
(H) of this section, and consents to be sued, and have its	383
liability determined, in the court of claims created in this	384
chapter in accordance with the same rules of law applicable to	385
suits between private parties, except that the determination of	386
liability is subject to the limitations set forth in this chapter	387
and, in the case of state universities or colleges, in section	388
3345.40 of the Revised Code, and except as provided in division	389
(A)(2) or (3) of this section. To the extent that the state has	390
previously consented to be sued, this chapter has no	391
applicability.	392

Except in the case of a civil action filed by the state,	393
filing a civil action in the court of claims results in a complete	394
waiver of any cause of action, based on the same act or omission,	395
which the filing party has against any officer or employee, as	396
defined in section 109.36 of the Revised Code. The waiver shall be	397
void if the court determines that the act or omission was	398
manifestly outside the scope of the officer's or employee's office	399
or employment or that the officer or employee acted with malicious	400
purpose, in bad faith, or in a wanton or reckless manner.	401

(2) If a claimant proves in the court of claims that an	402
officer or employee, as defined in section 109.36 of the Revised	403
Code, would have personal liability for the officer's or	404
employee's acts or omissions but for the fact that the officer or	405
employee has personal immunity under section 9.86 of the Revised	406
Code, the state shall be held liable in the court of claims in any	407
action that is timely filed pursuant to section 2743.16 of the	408
Revised Code and that is based upon the acts or omissions.	409

(3)(a) Except as provided in division (A)(3)(b) of this	410
section, the state is immune from liability in any civil action or	411
proceeding involving the performance or nonperformance of a public	412
duty, including the performance or nonperformance of a public duty	413
that is owed by the state in relation to any action of an	414
individual who is committed to the custody of the state.	415

(b) The state immunity provided in division (A)(3)(a) of this	416
section does not apply to any action of the state under	417
circumstances in which a special relationship can be established	418
between the state and an injured party. A special relationship	419
under this division is demonstrated if all of the following	420
elements exist:	421

(i) An assumption by the state, by means of promises or	422
actions, of an affirmative duty to act on behalf of the party who	423
was allegedly injured;	424

(ii) Knowledge on the part of the state's agents that	425
inaction of the state could lead to harm;	426

(iii) Some form of direct contact between the state's agents	427
and the injured party;	428

(iv) The injured party's justifiable reliance on the state's	429
affirmative undertaking.	430

(B) The state hereby waives the immunity from liability of	431
all hospitals owned or operated by one or more political	432
subdivisions and consents for them to be sued, and to have their	433
liability determined, in the court of common pleas, in accordance	434
with the same rules of law applicable to suits between private	435
parties, subject to the limitations set forth in this chapter.	436
This division is also applicable to hospitals owned or operated by	437
political subdivisions which have been determined by the supreme	438
court to be subject to suit prior to July 28, 1975.	439

(C) Any hospital, as defined in section 2305.113 of the	440
Revised Code, may purchase liability insurance covering its	441
operations and activities and its agents, employees, nurses,	442
interns, residents, staff, and members of the governing board and	443
committees, and, whether or not such insurance is purchased, may,	444
to such extent as its governing board considers appropriate,	445
indemnify or agree to indemnify and hold harmless any such person	446
against expense, including attorney's fees, damage, loss, or other	447
liability arising out of, or claimed to have arisen out of, the	448
death, disease, or injury of any person as a result of the	449
negligence, malpractice, or other action or inaction of the	450
indemnified person while acting within the scope of the	451
indemnified person's duties or engaged in activities at the	452
request or direction, or for the benefit, of the hospital. Any	453
hospital electing to indemnify such persons, or to agree to so	454
indemnify, shall reserve such funds as are necessary, in the	455
exercise of sound and prudent actuarial judgment, to cover the	456
potential expense, fees, damage, loss, or other liability. The	457
superintendent of insurance may recommend, or, if such hospital	458
requests the superintendent to do so, the superintendent shall	459
recommend, a specific amount for any period that, in the	460
superintendent's opinion, represents such a judgment. This	461
authority is in addition to any authorization otherwise provided	462
or permitted by law.	463

(D) Recoveries against the state shall be reduced by the	464
aggregate of insurance proceeds, disability award, or other	465
collateral recovery received by the claimant. This division does	466
not apply to civil actions in the court of claims against a state	467
university or college under the circumstances described in section	468
3345.40 of the Revised Code. The collateral benefits provisions of	469
division (B)(2) of that section apply under those circumstances.	470

(E) The only defendant in original actions in the court of	471
claims is the state. The state may file a third-party complaint or	472
counterclaim in any civil action, except a civil action for two	473
thousand five hundred dollars or less, that is filed in the court	474
of claims.	475

(F) A civil action against an officer or employee, as defined	476
in section 109.36 of the Revised Code, that alleges that the	477
officer's or employee's conduct was manifestly outside the scope	478
of the officer's or employee's employment or official	479
responsibilities, or that the officer or employee acted with	480
malicious purpose, in bad faith, or in a wanton or reckless manner	481
shall first be filed against the state in the court of claims,	482
which has exclusive, original jurisdiction to determine,	483
initially, whether the officer or employee is entitled to personal	484
immunity under section 9.86 of the Revised Code and whether the	485
courts of common pleas have jurisdiction over the civil action.	486

The filing of a claim against an officer or employee under	487
this division tolls the running of the applicable statute of	488
limitations until the court of claims determines whether the	489
officer or employee is entitled to personal immunity under section	490
9.86 of the Revised Code.	491

(G) Whenever a claim lies against an officer or employee who	492
is a member of the Ohio national guard, and the officer or	493
employee was, at the time of the act or omission complained of,	494
subject to the "Federal Tort Claims Act," 60 Stat. 842 (1946), 28	495
U.S.C. 2671, et seq., then the Federal Tort Claims Act is the	496
exclusive remedy of the claimant and the state has no liability	497
under this section.	498

(H) If an inmate of a state correctional institution has a	499
claim against the state for the loss of or damage to property and	500
the amount claimed does not exceed three hundred dollars, before	501
commencing an action against the state in the court of claims, the	502
inmate shall file a claim for the loss or damage under the rules	503
adopted by the director of rehabilitation and correction pursuant	504
to this division. The inmate shall file the claim within the time	505
allowed for commencement of a civil action under section 2743.16	506
of the Revised Code. If the state admits or compromises the claim,	507
the director shall make payment from a fund designated by the	508
director for that purpose. If the state denies the claim or does	509
not compromise the claim at least sixty days prior to expiration	510
of the time allowed for commencement of a civil action based upon	511
the loss or damage under section 2743.16 of the Revised Code, the	512
inmate may commence an action in the court of claims under this	513
chapter to recover damages for the loss or damage.	514

The director of rehabilitation and correction shall adopt	515
rules pursuant to Chapter 119. of the Revised Code to implement	516
this division.	517

Section 2. That existing sections 9.87, 2743.01, and 2743.02	518
of the Revised Code are hereby repealed.	519