Sec. 2743.02. (A)(1) The state hereby waives its immunity | 11 |
from liability, except as provided for the office of the state | 12 |
fire marshal in division (G)(1) of section 9.60 and division (B) | 13 |
of section 3737.221 of the Revised Code and except as provided in | 14 |
division (I) of this section and subject to division (H) of this | 15 |
section, and consents to be sued, and have its liability | 16 |
determined, in the court of claims created in this chapter in | 17 |
accordance with the same rules of law applicable to suits between | 18 |
private parties, except that the determination of liability is | 19 |
subject to the limitations set forth in this chapter and, in the | 20 |
case of state universities or colleges, in section 3345.40 of the | 21 |
Revised Code, and except as provided in division (A)(2) or (3) of | 22 |
this
section. To the extent that the state has previously | 23 |
consented
to
be sued, this chapter has no applicability. | 24 |
Except in the case of a civil action filed by the state, | 25 |
filing a civil action in the court of claims results in a
complete | 26 |
waiver of any cause of action, based on the same act or
omission, | 27 |
which the filing party has against any officer or
employee, as | 28 |
defined in section 109.36 of the Revised Code. The
waiver shall
be | 29 |
void if the court determines that the act or
omission was | 30 |
manifestly outside the scope of the officer's or
employee's office | 31 |
or employment or that the officer or employee
acted with malicious | 32 |
purpose, in bad faith, or in a wanton or
reckless manner. | 33 |
(B) The state hereby waives the immunity from liability of | 63 |
all hospitals owned or operated by one or more political | 64 |
subdivisions and consents for them to be sued, and to have their | 65 |
liability determined, in the court of common pleas, in accordance | 66 |
with the same rules of law applicable to suits between private | 67 |
parties, subject to the limitations set forth in this chapter. | 68 |
This division is also applicable to hospitals owned or operated
by | 69 |
political subdivisions which have been determined by the
supreme | 70 |
court to be subject to suit prior to July 28, 1975. | 71 |
(C) Any hospital, as defined
in section
2305.113 of the | 72 |
Revised Code, may purchase liability insurance
covering its | 73 |
operations and activities and its agents, employees,
nurses, | 74 |
interns, residents, staff, and members of the governing
board and | 75 |
committees, and, whether or not such insurance is
purchased, may, | 76 |
to such extent as its governing board considers
appropriate, | 77 |
indemnify or agree to indemnify and hold harmless any
such person | 78 |
against expense, including attorney's fees, damage,
loss, or
other | 79 |
liability arising out of, or claimed to have arisen
out of,
the | 80 |
death, disease, or injury of any person as a result of
the | 81 |
negligence, malpractice, or other action or inaction of the | 82 |
indemnified person while acting within the scope of
the | 83 |
indemnified person's duties or engaged in activities at the | 84 |
request or
direction, or for the benefit, of the hospital. Any | 85 |
hospital electing to
indemnify
such persons, or to agree to so | 86 |
indemnify, shall reserve such
funds as are necessary, in the | 87 |
exercise of sound and prudent
actuarial judgment, to cover the | 88 |
potential expense, fees, damage,
loss, or other liability. The | 89 |
superintendent of insurance may
recommend, or, if such hospital | 90 |
requests
the superintendent
to do so, the
superintendent shall | 91 |
recommend, a specific amount for any period
that, in
the | 92 |
superintendent's opinion, represents such a
judgment. This | 93 |
authority is in addition to any authorization otherwise
provided | 94 |
or
permitted by law. | 95 |
(F) A civil action against an officer or employee, as
defined | 108 |
in section 109.36 of the Revised Code, that alleges that
the | 109 |
officer's or employee's conduct was manifestly outside the
scope | 110 |
of
the officer's or employee's employment or official | 111 |
responsibilities, or that the
officer or employee acted with | 112 |
malicious purpose, in bad faith,
or in a wanton or reckless manner | 113 |
shall first be filed against
the state in the court of claims, | 114 |
which has exclusive, original
jurisdiction to determine, | 115 |
initially, whether the officer or
employee is entitled to personal | 116 |
immunity under section 9.86 of
the Revised Code and whether the | 117 |
courts of common pleas have
jurisdiction over the civil action. | 118 |
The officer or employee may participate in the immunity | 119 |
determination proceeding before the court of claims to determine | 120 |
whether the officer or employee is entitled to personal immunity | 121 |
under section 9.86 of the Revised Code. | 122 |
(H) If an inmate of a state correctional institution has a | 135 |
claim against the state for the loss of or damage to property and | 136 |
the amount claimed does not exceed three hundred dollars, before | 137 |
commencing an action against the state in the court of claims, the | 138 |
inmate shall file a claim for the loss or damage under the rules | 139 |
adopted by the director of rehabilitation and correction pursuant | 140 |
to this division. The inmate shall file the claim within the time | 141 |
allowed for commencement of a civil action under section 2743.16 | 142 |
of the Revised Code. If the state admits or compromises the claim, | 143 |
the director shall make payment from a fund designated by the | 144 |
director for that purpose. If the state denies the claim or does | 145 |
not compromise the claim at least sixty days prior to expiration | 146 |
of the time allowed for commencement of a civil action based upon | 147 |
the loss or damage under section 2743.16 of the Revised Code, the | 148 |
inmate may commence an action in the court of claims under this | 149 |
chapter to recover damages for the loss or damage. | 150 |
(B)
"Employee" means an officer, agent, employee, or
servant, | 166 |
whether or not compensated or full-time or part-time,
who
is | 167 |
authorized to act and is acting within the scope of
the
officer's, | 168 |
agent's, employee's, or servant's
employment for a
political | 169 |
subdivision.
"Employee" does not
include an independent
contractor | 170 |
and does not include any
individual engaged by a school
district | 171 |
pursuant to section
3319.301 of the Revised Code.
"Employee" | 172 |
includes any elected or
appointed official of a
political | 173 |
subdivision.
"Employee" also
includes a person who has
been | 174 |
convicted of or pleaded guilty to
a criminal offense and who
has | 175 |
been sentenced to perform
community service work in a
political | 176 |
subdivision whether
pursuant to section 2951.02 of the
Revised | 177 |
Code or otherwise, and
a child who is found to be a
delinquent | 178 |
child and who is ordered
by a juvenile court pursuant
to section | 179 |
2152.19
or 2152.20 of the Revised
Code to perform
community | 180 |
service or community work in a
political subdivision. | 181 |
(k) The collection and disposal of solid wastes, as
defined | 222 |
in section 3734.01 of the Revised Code, including, but
not limited | 223 |
to, the operation of solid waste disposal facilities,
as | 224 |
"facilities" is defined in that section, and the collection
and | 225 |
management of hazardous waste generated by households. As
used in | 226 |
division (C)(2)(k) of this section,
"hazardous waste
generated by | 227 |
households" means solid waste originally generated
by individual | 228 |
households that is listed specifically as hazardous
waste in or | 229 |
exhibits one or more characteristics of hazardous
waste as defined | 230 |
by rules adopted under section 3734.12 of the
Revised Code, but | 231 |
that is excluded from regulation as a hazardous
waste by those | 232 |
rules. | 233 |
(n) The operation of a health board, department, or
agency, | 240 |
including, but not limited to, any statutorily required
or | 241 |
permissive program for the provision of immunizations or other | 242 |
inoculations to all or some members of the public, provided that
a | 243 |
"governmental function" does not include the supply,
manufacture, | 244 |
distribution, or development of any drug or vaccine
employed in | 245 |
any such immunization or inoculation program by any
supplier, | 246 |
manufacturer, distributor, or developer of the drug or
vaccine; | 247 |
(p) The provision or nonprovision of inspection services
of | 251 |
all types, including, but not limited to, inspections in | 252 |
connection with building, zoning, sanitation, fire, plumbing, and | 253 |
electrical codes, and the taking of actions in connection with | 254 |
those types of codes, including, but not limited to, the approval | 255 |
of plans for the construction of buildings or structures and the | 256 |
issuance or revocation of building permits or stop work orders in | 257 |
connection with buildings or structures; | 258 |
(w)(i) At any time before regulations prescribed pursuant
to | 286 |
49 U.S.C.A 20153 become effective, the designation,
establishment, | 287 |
design, construction, implementation, operation,
repair, or | 288 |
maintenance of a public road rail crossing in a zone
within a | 289 |
municipal corporation in which, by ordinance, the
legislative | 290 |
authority of the municipal corporation regulates the
sounding of | 291 |
locomotive horns, whistles, or bells; | 292 |
(ii) On and after the effective date of regulations | 293 |
prescribed pursuant to 49 U.S.C.A. 20153, the designation, | 294 |
establishment, design, construction, implementation, operation, | 295 |
repair, or maintenance of a public road rail crossing in such a | 296 |
zone or of a supplementary safety measure, as defined in 49 | 297 |
U.S.C.A 20153, at or for a public road rail crossing, if and to | 298 |
the extent that the public road rail crossing is excepted, | 299 |
pursuant to subsection (c) of that section, from the requirement | 300 |
of the regulations prescribed under subsection (b) of that | 301 |
section. | 302 |
(F)
"Political subdivision" or
"subdivision" means a | 316 |
municipal corporation, township, county, school district, or
other | 317 |
body corporate and politic responsible for governmental
activities | 318 |
in a geographic area smaller than that of the state.
"Political | 319 |
subdivision" includes, but is not limited to, a county
hospital | 320 |
commission appointed under section 339.14 of the Revised
Code, | 321 |
board of hospital commissioners appointed for a municipal hospital | 322 |
under section 749.04 of the Revised Code, board of hospital | 323 |
trustees appointed for a municipal hospital under section 749.22 | 324 |
of the Revised Code, regional planning commission created pursuant | 325 |
to section
713.21 of
the Revised Code, county planning commission | 326 |
created
pursuant to
section 713.22 of the Revised Code, joint | 327 |
planning
council created
pursuant to section 713.231 of the | 328 |
Revised Code,
interstate
regional planning commission created | 329 |
pursuant to
section 713.30 of
the Revised Code, port authority | 330 |
created
pursuant to section
4582.02 or 4582.26 of the Revised Code | 331 |
or in
existence on December
16, 1964, regional council established | 332 |
by
political subdivisions
pursuant to Chapter 167. of the Revised | 333 |
Code, emergency planning
district and joint emergency planning | 334 |
district designated under
section 3750.03 of the Revised Code, | 335 |
joint emergency medical
services district created pursuant to | 336 |
section 307.052
of the
Revised Code, fire and ambulance district | 337 |
created pursuant to
section
505.375 of the Revised Code, joint | 338 |
interstate emergency
planning district
established
by an agreement | 339 |
entered into under
that section, county solid waste
management | 340 |
district and joint
solid waste management district
established | 341 |
under section 343.01
or 343.012 of the Revised Code,
community | 342 |
school established
under Chapter 3314. of the Revised Code, the | 343 |
county or counties served by a community-based correctional | 344 |
facility and program or district community-based correctional | 345 |
facility and program established and operated under sections | 346 |
2301.51 to 2301.58 of the Revised Code, a community-based | 347 |
correctional facility and program or district community-based | 348 |
correctional facility and program that is so established and | 349 |
operated, and the facility governing board of a community-based | 350 |
correctional facility and program or district community-based | 351 |
correctional facility and program that is so established and | 352 |
operated. | 353 |
(I) "State" means the state of Ohio, including, but not | 384 |
limited to, the general assembly, the supreme court, the offices | 385 |
of all elected state officers, and all departments, boards, | 386 |
offices, commissions, agencies, colleges and universities, | 387 |
institutions, and other instrumentalities of the state of Ohio. | 388 |
"State" does
not include political subdivisions. | 389 |
Sec. 4510.121. (A) If a law enforcement officer issues a | 390 |
person a ticket, citation, or summons for a violation of section | 391 |
4510.12 of the Revised Code because the offender was operating a | 392 |
motor vehicle other than a commercial motor vehicle with a | 393 |
driver's or commercial driver's license issued by this state that | 394 |
was expired and the person's driver's or commercial driver's | 395 |
license otherwise has not been suspended or canceled and therefore | 396 |
but for the fact that the person's driver's or commercial driver's | 397 |
license had expired the person's operation of the motor vehicle | 398 |
would not have been in violation of section 4510.12 of the Revised | 399 |
Code, the law enforcement officer shall issue to the person a | 400 |
seven-day field driving permit. The
ticket, citation, or summons | 401 |
that the officer issues to the person shall serve as the person's | 402 |
seven-day field driving permit. The law enforcement officer shall | 403 |
make the necessary markings and notations on the ticket, citation, | 404 |
or summons in order to indicate that it is to serve as a seven-day | 405 |
field driving permit for the person listed on the ticket, | 406 |
citation, or summons. The law enforcement officer shall
issue the | 407 |
combination ticket, citation, or summons and seven-day field | 408 |
driving permit to the person if the
person has not been arrested, | 409 |
the
motor vehicle the person was operating at the time of the | 410 |
violation of section 4510.12 of the Revised Code can be lawfully | 411 |
operated on the public roads and is not a commercial motor | 412 |
vehicle, and the person presents to the law enforcement officer | 413 |
valid proof of financial responsibility in a form described in | 414 |
division (G) of section 4509.101 of the Revised Code. The ticket, | 415 |
citation, or summons shall include all language and spaces | 416 |
necessary in order for it to serve as the
person's seven-day | 417 |
field driving permit, including spaces in which the law | 418 |
enforcement officer shall
enter the date and time of issuance of | 419 |
the permit and the date and
time that the permit expires. | 420 |
(C) Issuance of a seven-day field driving permit to a person | 438 |
does not invalidate, supersede, or otherwise affect in any manner | 439 |
or to any degree any suspension or cancellation of the person's | 440 |
driver's or commercial driver's license that is in effect at the | 441 |
time of issuance of the permit. A person who is issued a seven-day | 442 |
field driving permit
under this section shall be deemed to | 443 |
possess a valid driver's
license issued by this state only if the | 444 |
person operates a motor
vehicle as specified in division (B) of | 445 |
this section and only if the person's driver's or commercial | 446 |
driver's license otherwise has not been suspended or canceled. | 447 |
(G) If a person who has been issued a seven-day field driving | 461 |
permit under this section submits an application to the registrar | 462 |
or a deputy registrar for a driver's license or commercial | 463 |
driver's license and, on the date of such application, the | 464 |
person's previous driver's or commercial driver's license expired | 465 |
more than forty-eight months prior to the date of the application, | 466 |
the person shall not be issued a driver's or commercial driver's | 467 |
license unless the person pays not only all the applicable fees | 468 |
associated with the issuance of a driver's or commercial driver's | 469 |
license on that date but also all the fees the person would have | 470 |
paid to the registrar or deputy registrar had the person applied | 471 |
for renewal of the person's previous driver's or commercial | 472 |
driver's license on the expiration date of that previous license. | 473 |