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S. B. No. 106As IntroducedAs Introduced
124th General Assembly | Regular Session | 2001-2002 |
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SENATORS Hottinger, Wachtmann, Nein, Johnson
A BILL
To amend sections 723.01, 2744.01, 2744.02, 2744.03,
2744.04, 2744.05, 2744.06, 4582.27, 5591.36, and
5591.37 of
the Revised Code to include as a
governmental function under the Political
Subdivision Sovereign Immunity Law the design,
construction, reconstruction, renovation, repair,
maintenance, and operation of any school athletic
facility, school auditorium, or gymnasium; to
re-enact changes made by Am.
Sub. H.B. 350 of the
121st General Assembly to the Political
Subdivision Sovereign Immunity Law; and to
amend
sections 2744.01 and 2744.03 of the Revised
Code
as scheduled to take effect on January 1,
2002, to
continue the amendments of this act on
and after
that date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2744.01, 2744.03, 2744.04, 2744.05,
2744.06, 4582.27, and 5591.37 be amended and sections 723.01,
2744.02, and
5591.36 of the Revised Code be revived and amended to
read as
follows:
Sec. 723.01. Municipal corporations shall have special power
to regulate the
use of the streets. Except as provided in section
5501.49 of the Revised
Code, the legislative authority of a
municipal corporation shall have the
care, supervision, and
control of the public highways, streets, avenues,
alleys,
sidewalks, public grounds, bridges, aqueducts, and viaducts within
the
municipal corporation
The liability or immunity from liability
of a
municipal corporation for injury, death, or loss
to person or
property
allegedly caused by a failure to perform the
responsibilities imposed by this
section shall be determined
pursuant to
division (A) and (B)(3) of section 2744.02 of the
Revised Code., and the municipal corporation shall cause them to
be kept open, in repair, and free from nuisance.
The liability or
immunity from liability of a municipal corporation for injury,
death, or loss to person or property allegedly caused by a failure
to perform the responsibilities imposed by this section shall be
determined pursuant to divisions (A) and (B)(3) of section 2744.02
of the Revised Code.
Sec. 2744.01. As used in this chapter: (A)
"Emergency call" means a call to duty, including, but
not
limited to, communications from citizens, police dispatches,
and
personal observations by peace officers of inherently
dangerous
situations that demand an immediate response on the
part
of a
peace officer. (B)
"Employee" means an officer, agent, employee, or
servant,
whether or not compensated or full-time or part-time,
who
is
authorized to act and is acting within the scope of
his
the
officer's, agent's, employee's, or servant's
the officer's,
agent's, employee's, or servant's
employment for a
political
subdivision.
"Employee" does not
include an independent
contractor, and
and does not include any
individual engaged by a
school
district pursuant to section
3319.301 of the Revised Code.
"Employee" includes any elected or
appointed official of a
political subdivision.
"Employee" also
includes a person who has
been convicted of or pleaded guilty to
a criminal offense and who
has been sentenced to perform
community service work in a
political subdivision whether
pursuant to section 2951.02 of the
Revised Code or otherwise, and
a child who is found to be a
delinquent child and who is ordered
by a juvenile court pursuant
to section 2151.355 of the Revised
Code to perform community
service or community work in a
political subdivision. (C)(1)
"Governmental function" means a function of a
political subdivision that is specified in division (C)(2) of
this
section or that satisfies any of the following: (a) A function that is imposed upon the state as an
obligation of sovereignty and that is performed by a political
subdivision voluntarily or pursuant to legislative requirement; (b) A function that is for the common good of all citizens
of the state; (c) A function that promotes or preserves the public
peace,
health, safety, or welfare; that involves activities that
are not
engaged in or not customarily engaged in by
nongovernmental
persons; and that is not specified in division
(G)(2) of this
section as a proprietary function. (2) A
"governmental function" includes, but is not limited
to, the following: (a) The provision or nonprovision of police, fire,
emergency
medical, ambulance, and rescue services or protection; (b) The power to preserve the peace; to prevent and
suppress
riots, disturbances, and disorderly assemblages; to
prevent,
mitigate, and clean up releases of oil and hazardous and
extremely
hazardous substances as defined in section 3750.01 of
the Revised
Code; and to protect persons and property; (c) The provision of a system of public education; (d) The provision of a free public library system; (e) The regulation of the use of, and the maintenance and
repair of, roads, highways, streets, avenues, alleys, sidewalks,
bridges, aqueducts, viaducts, and public grounds; (f) Judicial, quasi-judicial, prosecutorial, legislative,
and quasi-legislative functions; (g) The construction, reconstruction, repair, renovation,
maintenance, and operation of buildings that are used in
connection with the performance of a governmental function,
including, but not limited to, office buildings and courthouses; (h) The design, construction, reconstruction, renovation,
repair, maintenance, and operation of jails, places of juvenile
detention, workhouses, or any other detention facility, as
defined
in section 2921.01 of the Revised Code; (i) The enforcement or nonperformance of any law; (j) The regulation of traffic, and the erection or
nonerection of traffic signs, signals, or control devices; (k) The collection and disposal of solid wastes, as
defined
in section 3734.01 of the Revised Code, including, but
not limited
to, the operation of solid waste disposal facilities,
as
"facilities" is defined in that section, and the collection
and
management of hazardous waste generated by households. As
used in
division (C)(2)(k) of this section,
"hazardous waste
generated by
households" means solid waste originally generated
by individual
households that is listed specifically as hazardous
waste in or
exhibits one or more characteristics of hazardous
waste as defined
by rules adopted under section 3734.12 of the
Revised Code, but
that is excluded from regulation as a hazardous
waste by those
rules. (l) The provision or nonprovision, planning or design,
construction, or reconstruction of a public improvement,
including, but not limited to, a sewer system; (m) The operation of a human services department or
agency,
including, but not limited to, the provision of
assistance to aged
and infirm persons and to persons who are
indigent; (n) The operation of a health board, department, or
agency,
including, but not limited to, any statutorily required
or
permissive program for the provision of immunizations or other
inoculations to all or some members of the public, provided that
a
"governmental function" does not include the supply,
manufacture,
distribution, or development of any drug or vaccine
employed in
any such immunization or inoculation program by any
supplier,
manufacturer, distributor, or developer of the drug or
vaccine; (o) The operation of mental health facilities, mental
retardation or developmental disabilities facilities, alcohol
treatment and control centers, and children's homes or agencies; (p) The provision or nonprovision of inspection services
of
all types, including, but not limited to, inspections in
connection with building, zoning, sanitation, fire, plumbing, and
electrical codes, and the taking of actions in connection with
those types of codes, including, but not limited to, the approval
of plans for the construction of buildings or structures and the
issuance or revocation of building permits or stop work orders in
connection with buildings or structures; (q) Urban renewal projects and the elimination of slum
conditions; (r) Flood control measures; (s) The design, construction, reconstruction, renovation,
operation, care, repair, and maintenance of a township cemetery; (t) The issuance of revenue obligations under section
140.06
of the Revised Code; (u) The design, construction, reconstruction, renovation,
repair, maintenance, and operation of any park, playground,
playfield, indoor recreational facility,
school athletic facility,
school auditorium, gymnasium, zoo, zoological park,
bath, swimming
pool, pond, water park, wading pool, wave pool,
water
slide, and
other type of
aquatic facility, or golf course; (v) The provision of public defender services by a county
or
joint county public defender's office pursuant to Chapter 120.
of
the Revised Code; (w) A function that the general assembly mandates a
political subdivision to perform. (D)
"Law" means any provision of the constitution,
statutes,
or rules of the United States or of this state;
provisions of
charters, ordinances, resolutions, and rules of
political
subdivisions; and written policies adopted by boards of
education.
When used in connection with the
"common law," this
definition
does not apply. (E)
"Motor vehicle" has the same meaning as in section
4511.01 of the Revised Code. (F)
"Political subdivision" or
"subdivision" means a
municipal corporation, township, county, school district, or
other
body corporate and politic responsible for governmental
activities
in a geographic area smaller than that of the state.
"Political
subdivision" includes, but is not limited to, a county
hospital
commission appointed under section 339.14 of the Revised
Code,
regional planning commission created pursuant to section
713.21 of
the Revised Code, county planning commission created
pursuant to
section 713.22 of the Revised Code, joint planning
council created
pursuant to section 713.231 of the Revised Code,
interstate
regional planning commission created pursuant to
section 713.30 of
the Revised Code, port authority created
pursuant to section
4582.02 or 4582.26 of the Revised Code or in
existence on December
16, 1964, regional council established by
political subdivisions
pursuant to Chapter 167. of the Revised
Code, emergency planning
district and joint emergency planning
district designated under
section 3750.03 of the Revised Code,
joint emergency medical
services district created pursuant to section 307.052
of the
Revised Code, fire and ambulance district created pursuant to
section
505.375 of the Revised Code, joint interstate emergency
planning district
established
by an agreement entered into under
that section, county solid waste
management district and joint
solid waste management district
established under section 343.01
or 343.012 of the Revised Code, and
community school established
under Chapter 3314. of the Revised Code. (G)(1)
"Proprietary function" means a function of a
political
subdivision that is specified in division (G)(2) of
this
section
or that satisfies both of the following: (a) The function is not one described in division
(C)(1)(a)
or (b) of this section and is not one specified in
division (C)(2)
of this section; (b) The function is one that promotes or preserves the
public peace, health, safety, or welfare and that involves
activities that are customarily engaged in by nongovernmental
persons. (2) A
"proprietary function" includes, but is not limited
to, the following: (a) The operation of a hospital by one or more political
subdivisions; (b) The design, construction, reconstruction, renovation,
repair, maintenance, and operation of a public cemetery other
than
a township cemetery; (c) The establishment, maintenance, and operation of a
utility, including, but not limited to, a light, gas, power, or
heat plant, a railroad, a busline or other transit company, an
airport, and a municipal corporation water supply system; (d) The maintenance, destruction, operation, and upkeep of
a
sewer system; (e) The operation and control of a public stadium,
auditorium, civic or social center, exhibition hall, arts and
crafts center, band or orchestra, or off-street parking facility. (H)
"Public roads" means public roads, highways, streets,
avenues, alleys, and bridges within a political subdivision.
"Public roads"
does not include berms, shoulders, rights-of-way,
or traffic control
devices
unless the
traffic control devices are
mandated by the Ohio manual of uniform
traffic control devices. (I)
"Public roads" means public roads, highways, streets,
avenues, alleys, and bridges within a political subdivision.
"Public roads" does not include berms, shoulders, rights-of-way,
or traffic control devices unless the traffic control devices are
mandated by the Ohio manual of uniform traffic control devices.
(I)
"State" means the state of Ohio, including, but not
limited to, the general assembly, the supreme court, the offices
of all elected state officers, and all departments, boards,
offices, commissions, agencies, colleges and universities,
institutions, and other instrumentalities of the state of Ohio.
"State" does
not include political subdivisions.
Sec. 2744.02. (A)(1) For the purposes of this chapter,
the
functions of political subdivisions are hereby classified as
governmental functions and proprietary functions. Except as
provided in division (B) of this section, a political subdivision
is not liable in damages in a civil action for injury, death, or
loss to
persons person
person or property allegedly caused by any
act or
omission of the political subdivision or an employee of the
political subdivision in connection with a governmental or
proprietary function. (2) Subject to statutory limitations upon their monetary
jurisdiction, the courts of common pleas, the municipal courts,
and the county courts have jurisdiction to hear and determine
civil actions governed by or brought pursuant to this chapter. (B) Subject to sections 2744.03 and 2744.05 of the Revised
Code, a political subdivision is liable in damages in a civil
action for injury, death, or loss to
persons person
person or
property
allegedly caused by an act or omission of the political
subdivision or of any of its employees in connection with a
governmental or proprietary function, as follows: (1) Except as otherwise provided in this division,
political
subdivisions are liable for injury, death, or loss to
persons
person
person or property caused by the negligent operation of any
motor vehicle by their employees upon the public roads, highways,
or streets when the employees are
engaged within the scope of
their employment and authority. The following are
full defenses
to
such that
that liability: (a) A member of a municipal corporation police department
or
any other police agency was operating a motor vehicle while
responding to an emergency call and the operation of the vehicle
did not constitute willful or wanton misconduct; (b) A member of a municipal corporation fire department or
any other firefighting agency was operating a motor vehicle while
engaged in duty at a fire, proceeding toward a place where a fire
is in progress or is believed to be in progress, or answering
any
other emergency alarm and the operation of the vehicle did
not
constitute willful or wanton misconduct; (c) A member of an emergency medical service owned or
operated by a political subdivision was operating a motor vehicle
while responding to or completing a call for emergency medical
care or treatment, the member was holding a valid commercial
driver's license issued pursuant to Chapter 4506. or a driver's
license issued pursuant to Chapter 4507. of the Revised Code, the
operation of the vehicle did not constitute willful or wanton
misconduct, and the operation complies with the precautions of
section 4511.03 of the Revised Code. (2) Except as otherwise provided in sections 3314.07
and
3746.24 of the Revised Code,
political subdivisions are liable for
injury, death,
or loss to
persons person
person or property caused
by the negligent
performance of acts by their employees with
respect to
proprietary functions of the political subdivisions. (3) Except as otherwise provided in section 3746.24 of the
Revised Code,
political subdivisions are liable for injury, death,
or loss to
persons person
person or property caused by their
negligent
negligent failure
to keep
public roads, highways,
streets, avenues, alleys, sidewalks, bridges, aqueducts, viaducts,
or public grounds within the political subdivisions open, in
repair
and other negligent failure to remove obstructions from
public
roads, and free from nuisance
and other negligent failure
to remove
obstructions from public roads,
except that it is a full
defense
to
such that
that liability, when a bridge
within a
municipal
corporation is
involved,
that the municipal
corporation
does not have
the responsibility for maintaining or
inspecting the
bridge. (4) Except as otherwise provided in section 3746.24 of the
Revised Code,
political subdivisions are liable for injury, death,
or loss to
persons person
person or property that is caused by the
negligence
of their employees and that occurs within or on the
grounds of, and
is due to physical defects within or on the
grounds of,, and is due to physical defects within or on the
grounds of,
buildings that are used in connection with the
performance of a
governmental function, including, but not limited
to, office
buildings and courthouses, but not including jails,
places of
juvenile detention, workhouses, or any other detention
facility,
as defined in section 2921.01 of the Revised Code. (5) In addition to the circumstances described in
divisions
(B)(1) to (4) of this section, a political subdivision
is liable
for injury, death, or loss to
persons person
person or property
when
civil
liability is expressly imposed upon the political
subdivision
by
a section of the Revised Code, including, but not
limited to,
sections 2743.02 and 5591.37 of the Revised Code.
Liability
shall
not be construed to exist under another section of
the
Revised
Code merely because
that section imposes
that section
imposes a
responsibility
is
imposed or
mandatory duty
or mandatory
duty upon
a political
subdivision
or,, because of a general
authorization
in
that
section
in that section that a political
subdivision may sue
and
be sued, or because
that section
uses the
term "shall" in a
provision pertaining to a political
subdivision. (C) An order that denies a political subdivision or an
employee of a
political subdivision the benefit of an alleged
immunity from liability as
provided in Chapter 2744. or any other
provision of the law is a final order, or because that section
uses the term "shall" in a provision pertaining to a political
subdivision.
(C) An order that denies a political subdivision or an
employee of a political subdivision the benefit of an alleged
immunity from liability as provided in Chapter 2744. or any other
provision of the law is a final order.
Sec. 2744.03. (A) In a civil action brought against a
political subdivision or an employee of a political subdivision
to
recover damages for injury, death, or loss to persons or
property
allegedly caused by any act or omission in connection
with a
governmental or proprietary function, the following
defenses or
immunities may be asserted to establish nonliability: (1) The political subdivision is immune from liability if
the employee involved was engaged in the performance of a
judicial, quasi-judicial, prosecutorial, legislative, or
quasi-legislative function. (2) The political subdivision is immune from liability if
the conduct of the employee involved, other than negligent
conduct, that gave rise to the claim of liability was required by
law or authorized by law, or if the conduct of the employee
involved that gave rise to the claim of liability was necessary
or
essential to the exercise of powers of the political
subdivision
or employee. (3) The political subdivision is immune from liability if
the action or failure to act by the employee involved that gave
rise to the claim of liability was within the discretion of the
employee with respect to policy-making, planning, or enforcement
powers by virtue of the duties and responsibilities of the office
or position of the employee. (4) The political subdivision is immune from liability if
the action or failure to act by the political subdivision or
employee involved that gave rise to the claim of liability
resulted in injury or death to a person who had been convicted of
or pleaded guilty to a criminal offense and who, at the time of
the injury or death, was serving any portion of
his the person's
the person's
sentence by
performing community service work for or
in the
political
subdivision whether pursuant to section 2951.02
of the
Revised
Code or otherwise, or resulted in injury or death
to a
child who
was found to be a delinquent child and who, at the
time
of the
injury or death, was performing community service or
community
work for or in a political subdivision in accordance
with the
order of a juvenile court entered pursuant to section
2151.355 of
the Revised Code, and if, at the time of
his the
person's
or
child's
the person's or child's injury or death, the
person or child was covered for
purposes of Chapter 4123. of the
Revised Code in connection with
the community service or
community
work for or in the political
subdivision. (5) The political subdivision is immune from liability if
the injury, death, or loss to persons or property resulted from
the exercise of judgment or discretion in determining whether to
acquire, or how to use, equipment, supplies, materials,
personnel,
facilities, and other resources unless the judgment
or discretion
was exercised with malicious purpose, in bad faith,
or in a wanton
or reckless manner. (6) In addition to any immunity or defense referred to in
division (A)(7) of this section and in circumstances not covered
by that division or sections 3314.07 and 3746.24 of the
Revised
Code, the employee is
immune from liability unless
one of the
following applies: (a)
His The employee's
The employee's acts or omissions were
manifestly
outside
the scope of
his the employee's
the employee's
employment or official
responsibilities; (b)
His The employee's
The employee's acts or omissions were
with malicious
purpose, in bad faith, or in a wanton or reckless
manner; (c)
Liability
Civil liability is expressly imposed upon the
employee by a
section of the Revised Code.
Liability shall not be
construed to
exist
under another section of the Revised Code
merely because
that section imposes
a responsibility or mandatory
duty upon an
employee, because of a general
authorization in that
section that
an employee may sue and be sued, or because
the
section uses the
term
"shall" in a provision pertaining to an
employee.
Civil liability
shall not be construed to exist under
another section of the
Revised Code merely because that section
imposes a responsibility
or mandatory duty upon an employee,
because of a general
authorization in that section that an
employee may sue and be
sued, or because the section uses the term
"shall" in a provision
pertaining to an employee. (7) The political subdivision, and an employee who is a
county prosecuting attorney, city director of law, village
solicitor, or similar chief legal officer of a political
subdivision, an assistant of any such person, or a judge of a
court of this state is entitled to any defense or immunity
available at common law or established by the Revised Code. (B) Any immunity or defense conferred upon, or referred to
in connection with, an employee by division (A)(6) or (7) of this
section does not affect or limit any liability of a political
subdivision for an act or omission of the employee as provided in
section 2744.02 of the Revised Code.
Sec. 2744.04. (A) An action against a political
subdivision
to recover damages for injury, death, or loss to
persons person
person or property allegedly caused by any act or omission in
connection with a governmental or proprietary function, whether
brought as an original action, cross-claim, counterclaim,
third-party claim, or claim for subrogation, shall be brought
within two years after the cause of action
arose accrues
accrues,
or
within any
applicable shorter period of time for bringing the
action
provided by the Revised Code.
The period of limitation
contained in this
division shall be tolled pursuant to section
2305.16 of the Revised Code.
The period of limitation contained in
this division shall be tolled pursuant to section 2305.16 of the
Revised Code.
This division applies to actions
brought against
political subdivisions by all persons,
governmental entities, and
the state. (B) In the complaint filed in a civil action against a
political subdivision or an employee of a political subdivision
to
recover damages for injury, death, or loss to
persons person
person or
property allegedly caused by an act or omission in
connection
with a governmental or proprietary function, whether
filed in an
original action, cross-claim, counterclaim,
third-party claim, or
claim for subrogation, the complainant shall
include a demand for
a judgment for the damages that the judge in
a nonjury trial or
the jury in a jury trial finds that the
complainant is entitled
to be awarded, but shall not specify in
that demand any monetary
amount for damages sought.
Sec. 2744.05. Notwithstanding any other provisions of the
Revised Code or rules of a court to the contrary, in an action
against a political subdivision to recover damages for injury,
death, or loss to
persons person
person or property caused by an
act or
omission in connection with a governmental or proprietary
function: (A) Punitive or exemplary damages shall not be awarded;.. (B)(1)(1) If a claimant receives or is entitled to receive
benefits for injuries or loss allegedly incurred from a policy or
policies of insurance or any other source, the benefits shall be
disclosed to the court, and the amount of the benefits shall be
deducted from any award against a political subdivision
recovered
by that claimant. No insurer or other person is
entitled to bring
an action under a subrogation provision in an
insurance or other
contract against a political subdivision with
respect to
such
those
those benefits.
The amount of the
benefits shall be deducted
from an award against a political subdivision under
division
(B)(1) of this section regardless of whether the claimant
may be
under an obligation to pay back the benefits upon recovery, in
whole or
in part, for the claim. A claimant whose benefits have
been deducted from an
award under division (B)(1) of this section
is not considered fully
compensated and shall not be required to
reimburse a subrogated claim for
benefits deducted from an award
pursuant to division (B)(1) of this
section. (2) Nothing
The amount of the benefits shall be deducted
from an award against a political subdivision under division
(B)(1) of this section regardless of whether the claimant may be
under an obligation to pay back the benefits upon recovery, in
whole or in part, for the claim. A claimant whose benefits have
been deducted from an award under division (B)(1) of this section
is not considered fully compensated and shall not be required to
reimburse a subrogated claim for benefits deducted from an award
pursuant to division (B)(1) of this section.
(2) Nothing in
this division
(B)(1) of this
section
(B)(1)
of this section shall be construed to do either of the following: (a) Limit the rights of
a beneficiary under a life
insurance
policy or the rights of sureties under fidelity or
surety bonds; (b) Prohibit the department of job and family services
from
recovering
from the political subdivision, pursuant to section
5101.58 of the Revised
Code, the cost of
medical assistance
benefits provided under Chapter 5107., 5111., or
5115. of the
Revised Code. (C)(1) There shall not be any limitation on compensatory
damages that represent the actual loss of the person who is
awarded the damages. However, except in wrongful death actions
brought pursuant to Chapter 2125. of the Revised Code, damages
that arise from the same cause of action, transaction or
occurrence, or series of transactions or occurrences and that do
not represent the actual loss of the person who is awarded the
damages shall not exceed two hundred fifty thousand dollars in
favor of any one person. The limitation on damages that do not
represent the actual loss of the person who is awarded the
damages
provided in this division does not apply to court costs
that are
awarded to a plaintiff, or to interest on a judgment
rendered in
favor of a plaintiff, in an action against a
political
subdivision. (2) As used in this division, "the actual loss of the
person
who is awarded the damages" includes all of the following: (a) All wages, salaries, or other compensation lost by the
person injured as a result of the injury, including wages,
salaries, or other compensation lost as of the date of a judgment
and future expected lost earnings of
such a the
the person
injured
injured; (b) All expenditures of the person injured or another
person
on
his behalf
of the person injured
of the person injured for
medical care or
treatment, for
rehabilitation services, or for
other care, treatment, services,
products, or accommodations that
were necessary because of the
injury; (c) All expenditures to be incurred in the future, as
determined by the court, by the person injured or another person
on
his behalf
of the person injured
of the person injured for
medical care or
treatment, for rehabilitation
services, or for
other care, treatment, services, products, or
accommodations that
will be necessary because of the injury; (d) All expenditures of a person whose property was
injured
or destroyed or of another person on
his behalf
of the
person
whose property was injured or destroyed
of the person whose
property was injured or destroyed in order to repair or
replace
the property that was injured or destroyed; (e) All expenditures of the person injured or
of the person
of the person whose
property was injured or destroyed or of
another person on
his behalf
of the person injured or of the
person whose property was injured or
destroyed
of the person
injured or of the person whose property was injured or destroyed
in relation to the actual preparation or presentation of
the
person's claim
involved
involved; (f) Any other expenditures of the person injured or
of the
person
of the person
whose property was injured or destroyed or of
another person on
his behalf
of the person injured or of the
person whose property was injured or
destroyed
of the person
injured or of the person whose property was injured or destroyed
that the court determines represent an actual loss
experienced
because of the personal or property injury or
property loss. "The actual loss of the person who is awarded the damages"
does not include any fees paid or owed to an attorney for any
services rendered in relation to a personal or property injury or
property loss, and does not include any damages awarded for pain
and suffering, for the loss of society, consortium,
companionship,
care, assistance, attention, protection, advice,
guidance,
counsel, instruction, training, or education of the
person
injured, for mental anguish, or for any other intangible
loss.
Sec. 2744.06. (A) Real or personal property, and moneys,
accounts, deposits, or investments of a political subdivision are
not subject to execution, judicial sale, garnishment, or
attachment to satisfy a judgment rendered against a political
subdivision in a civil action to recover damages for injury,
death, or loss to
persons person
person or property caused by an
act or
omission of the political subdivision or any of its
employees in
connection with a governmental or proprietary
function.
Such Those
Those
judgments shall be paid from funds of
the political subdivisions
that have been appropriated for that
purpose, but, if sufficient
funds are not currently appropriated
for the payment of
judgments, the fiscal officer of a political
subdivision shall
certify the amount of any unpaid judgments to
the taxing
authority of the political subdivision for inclusion in
the next
succeeding budget and annual appropriation measure and
payment in
the next succeeding fiscal year as provided by section
5705.08 of
the Revised Code, unless any
such judgment
of that
nature
of that nature is to
be paid from the
proceeds of bonds
issued pursuant to section 133.14 of the
Revised Code or pursuant
to annual installments authorized by
division (B) or (C) of this
section. (B)(1)(a) As used in this division, "the actual loss of
the
person who is awarded the damages" includes all of the
following: (i) All wages, salaries, or other compensation lost by the
person injured as a result of the injury, as of the date of the
judgment; (ii) All expenditures of the person injured or of another
person on
his behalf
of the person injured
of the person injured
for medical care or
treatment, for
rehabilitation services, or for
other care, treatment, services,
products, or accommodations that
were necessary because of the
injury; (iii) All expenditures of a person whose property was
injured or destroyed or of another person on
his behalf
of the
person whose property was injured or destroyed
of the person whose
property was injured or destroyed in order
to repair or replace
the property that was injured or destroyed; (iv) All expenditures of the person injured or whose
property was injured or destroyed or of another person on
his
behalf
of the person injured or whose property was injured or
destroyed
of the person injured or whose property was injured or
destroyed
in relation to the actual preparation or presentation of
the
person's claim
involved
involved; (v) Any other expenditures of the person injured or
of the
person whose property was injured
or destroyed or of another
person on
his behalf
of the person injured or whose property was
injured or destroyed
of the person injured or whose property was
injured or destroyed that the court determines represent an
actual
loss experienced because of the personal or property
injury or
property loss. (b) As used in this division, "the actual loss of the
person
who is awarded the damages" does not include any of the
following: (i) Wages, salaries, or other compensation lost by the
person injured as a result of the injury, that are future
expected
earnings of
such a that
that person; (ii) Expenditures to be incurred in the future, as
determined by the court, by the person injured or by another
person on
his behalf
of the person injured
of the person injured
for medical care or treatment, for
rehabilitation services, or for
other care, treatment, services,
products, or accommodations that
will be necessary because of the
injury; (iii) Any fees paid or owed to an attorney for any
services
rendered in relation to a personal or property injury or
property
loss; (iv) Any damages awarded for pain and suffering, for the
loss of society, consortium, companionship, care, assistance,
attention, protection, advice, guidance, counsel, instruction,
training, or education of the person injured, for mental anguish,
or for any other intangible loss. (2) Except as specifically provided to the contrary in
this
division, a court that renders a judgment against a
political
subdivision as described in division (A) of this
section and that
is not in favor of the state may authorize the
political
subdivision, upon the motion of the political
subdivision, to pay
the judgment or a specified portion of the
judgment in annual
installments over a period not to exceed ten
years, subject to the
payment of interest at the rate specified
in
division (A) of
division (A) of section 1343.03 of the Revised Code. A
court
shall not
authorize the payment in installments under this
division of any
portion of a judgment or entire judgment that
represents the
actual loss of the person who is awarded the
damages. Additionally, a court shall not authorize the payment in
installments under this division of any portion of a judgment or
entire judgment that does not represent the actual loss of the
person who is awarded the damages unless the court, after
balancing the interests of the political subdivision and of the
person in whose favor the judgment was rendered, determines that
installment payments would be appropriate under the circumstances
and would not be unjust to the person in whose favor the judgment
was rendered. If a court makes
such a determination
of that
nature
of that nature, it shall
fix the amount of the installment
payments in
such a manner
as to achieve that achieves
that
achieves for
the person in whose favor the judgment was rendered,
the same economic result over the period as
he that person
that
person would have
received if the judgment or portion of the
judgment subject to
the installment payments had been paid in a
lump sum payment. (C) At the option of a political subdivision, a judgment
as
described in division (A) of this section and that is rendered
in
favor of the state may be paid in equal annual installments
over a
period not to exceed ten years, without the payment of
interest.
Sec. 4582.27. (A) A port authority created in accordance
with
section 4582.22 of the Revised Code shall be governed by a
board
of directors. Members of a board of directors of a port
authority
created by the exclusive action of a municipal
corporation shall
consist of the number of members it
considers necessary and shall
be appointed by the mayor with the
advice and
consent of the
council. Members of a board of directors of a
port authority
created by the exclusive action of a township
shall consist of
such members as it considers necessary
and shall be
appointed by
the township trustees of the township. Members of a
board of
directors of a port authority created by the exclusive
action of a
county shall consist of such members as it
considers necessary and
shall be appointed by the board of
county commissioners of the
county. Members of a board of
directors of a port
authority
created by a combination of political subdivisions
shall be
divided among the political subdivisions in such
proportions as
the political subdivisions may agree and shall be
appointed by the
participating political subdivisions in the same
manner as this
section provides for the appointment
of members by a political
subdivision
creating its own port authority. If a participating
political
subdivision is not authorized by section
4582.22 of the
Revised Code to create its own port authority, the political
subdivision's
elected legislative body, if the political
subdivision has an elected
legislative body, or the political
subdivision's elected official or officials
who appoint the
legislative body of the political subdivision shall appoint
the
members of a board of directors of a port authority that are to be
appointed
by
that political subdivision. If the electors of a
participating political
subdivision do not elect either the
legislative body of the political
subdivision or the official or
officials who appoint the legislative body of
the political
subdivision, the participating political subdivision may not
appoint any member of a board of directors of a port authority.
When a port
authority is created by a combination of political
subdivisions, the number of directors comprising the
board shall
be determined by agreement between the political
subdivisions,
which number may be changed from time to time by
amendment of the
agreement. The appointing body may at any time remove a
director
appointed
by it for misfeasance, nonfeasance, or malfeasance in
office. A majority of the directors shall have been
qualified
electors of, or
shall have had their businesses or
places of
employment in, one or
more political subdivisions within the area
of the jurisdiction
of the port authority, for a period of at
least three years next
preceding their appointment. The directors of any port authority first appointed shall
serve staggered terms. Thereafter each successor shall serve for
a term of four years, except that any person appointed to fill a
vacancy shall be appointed to only the unexpired term and any
director is eligible for reappointment. The board of directors by rule may provide for the removal
of
a director who fails to attend three consecutive regular
meetings
of the board. If a director is so removed, a successor
shall be
appointed for the remaining term of the removed
director in the
same manner provided for the original
appointment. The directors shall elect one of their membership as
chairperson and another as
vice-chairperson, and shall designate
their
terms of office, and shall appoint a secretary who need not
be a
director. A majority of the board of directors shall
constitute
a quorum, the affirmative vote of which shall be
necessary for
any action taken by the port authority. No vacancy
in the
membership of the board shall impair the rights of a quorum
to
exercise all the rights and perform all the duties of the port
authority. Each member of the board of directors of a port authority
shall be entitled to receive from the port authority such sum of
money as the board of directors may determine as compensation for
services as director and reimbursement for reasonable
expenses in
the performance of official duties. (B) Except for civil actions that arise out of the
operation
of a motor vehicle and civil actions in which the port
authority
is the plaintiff, no director, officer, or employee of
a port
authority shall be liable in any civil action that arises
under
the law of this state for damage or injury caused in the
performance of his duties, unless the director's, officer's, or
employee's actions were manifestly outside the scope of his
employment or official responsibilities, or unless the director,
officer, or employee acted with malicious purpose, in bad faith,
or in a wanton or reckless manner.
This division does not eliminate, limit, or reduce any
immunity from civil liability that is conferred upon a director,
officer, or employee by any other provision of the Revised Code
or
by case law.
(C)(1) A port authority shall, except as provided in
division (B) of this section, indemnify a director, officer, or
employee from liability incurred in the performance of his duties
by paying any judgment in, or amount negotiated in settlement of,
any civil action arising under federal law, the law of another
state, or the law of a foreign jurisdiction. The reasonableness
of the amount of any consent judgment or settlement is subject to
the review and approval of the board of the port authority. The
maximum aggregate amount of indemnification paid directly from
funds to or on behalf of any director, officer or employee
pursuant to this division shall be one million dollars per
occurrence, regardless of the number of persons who suffer
damage,
injury, or death as a result of the occurrence.
(2) A port authority shall not indemnify a director,
officer, or employee under any of the following circumstances:
(a) To the extent the director, officer, or employee is
covered by a policy of insurance for civil liability purchased by
the port authority;
(b) When the director, officer, or employee acts
manifestly
outside the scope of his employment or official
responsibilities,
with malicious purpose, in bad faith, or in a
wanton or reckless
manner;
(c) For any portion of a judgment that represents punitive
or exemplary damages;
(d) For any portion of a consent judgment or settlement
that
is unreasonable.
(3) The port authority may purchase a policy or policies
of
insurance on behalf of directors, officers, and employees of
the
port authority from an insurer or insurers licensed to do
business
in this state providing coverage for damages in
connection with
any civil action, demand, or claim against the
director, officer,
or employee by reason of an act or omission by
the director,
officer, or employee occurring in the performance
of his duties
and not coming within the terms of division
(C)(2)(b) of this
section.
(4) This section does not affect either of the following:
(a) Any defense that would otherwise be available in an
action alleging personal liability of a director, officer, or
employee;
(b) The operation of section 9.83 of the Revised Code.
Sec. 5591.36.
The On county roads, the
On county roads, the
board of county commissioners shall
erect and maintain, where not
already done, one or more
guardrails on each end of a county
bridge, viaduct, or culvert
more than five feet high
and on each
side of every approach to a county bridge, viaduct, or culvert, if
the approach or embankment is more than six feet high. The board
also
also shall
also protect, by
suitable
guardrails, all
perpendicular wash banks more than eight feet in height
embankments with a rise of more than eight feet in
height and with
a downward slope of greater than seventy degrees
embankments with
a rise of more than eight feet in height and with a downward slope
of greater than seventy degrees, where
such banks the embankments
the embankments have an immediate connection
with a
public highway
other than state highways, or are adjacent thereto in an
unprotected condition county road
county road. It shall be a sufficient compliance with this section, if the
board causes to be erected and maintained a good stockproof hedge
fence where a guardrail is required. Such guardrails or hedge
fences shall be erected in a substantial manner, having sufficient
strength to protect life and property, the The
The expense
thereof
to for a guardrail required under this section shall
for a
guardrail required under this section shall be
paid out of the
county bridge fund.
Sec. 5591.37.
Failure Negligent failure
Negligent failure to
comply with section 5591.36 of the Revised
Code shall render the
county liable for all accidents or damages as a result
of
such
that
that failure.
Section 2. That existing sections 2744.01, 2744.03, 2744.04,
2744.05, 2744.06, 4582.27, and 5591.37, and all existing versions
of
sections 723.01, 2744.02, and 5591.36 of the Revised Code in
effect before, on, or after the effective date of Am. Sub. H.B.
350 of the 121st General Assembly, January 27, 1997, are hereby
repealed.
Section 3. That sections 2744.01 and 2744.03 of the Revised
Code as scheduled to take effect on January 1, 2002, be amended to
read as follows:
Sec. 2744.01. As used in this chapter: (A) "Emergency call" means a call to duty, including, but
not limited to, communications from citizens, police dispatches,
and personal observations by peace officers of inherently
dangerous situations that demand an immediate response on the
part
of a peace officer. (B) "Employee" means an officer, agent, employee, or
servant, whether or not compensated or full-time or part-time,
who
is authorized to act and is acting within the scope of
his the
officer's, agent's, employee's, or servant's
the officer's,
agent's, employee's, or servant's
employment for a political
subdivision. "Employee" does not
include an independent
contractor, and
and does not include any
individual engaged by a
school district pursuant to section
3319.301 of the Revised Code.
"Employee" includes any elected or
appointed official of a
political subdivision. "Employee" also
includes a person who has
been convicted of or pleaded guilty to
a criminal offense and who
has been sentenced to perform
community service work in a
political subdivision whether
pursuant to section 2951.02 of the
Revised Code or otherwise, and
a child who is found to be a
delinquent child and who is ordered
by a juvenile court pursuant
to section 2152.19
or 2152.20 of the Revised
Code to perform
community service or community work in a
political subdivision. (C)(1) "Governmental function" means a function of a
political subdivision that is specified in division (C)(2) of
this
section or that satisfies any of the following: (a) A function that is imposed upon the state as an
obligation of sovereignty and that is performed by a political
subdivision voluntarily or pursuant to legislative requirement; (b) A function that is for the common good of all citizens
of the state; (c) A function that promotes or preserves the public
peace,
health, safety, or welfare; that involves activities that
are not
engaged in or not customarily engaged in by
nongovernmental
persons; and that is not specified in division
(G)(2) of this
section as a proprietary function. (2) A "governmental function" includes, but is not limited
to, the following: (a) The provision or nonprovision of police, fire,
emergency
medical, ambulance, and rescue services or protection; (b) The power to preserve the peace; to prevent and
suppress
riots, disturbances, and disorderly assemblages; to
prevent,
mitigate, and clean up releases of oil and hazardous and
extremely
hazardous substances as defined in section 3750.01 of
the Revised
Code; and to protect persons and property; (c) The provision of a system of public education; (d) The provision of a free public library system; (e) The regulation of the use of, and the maintenance and
repair of, roads, highways, streets, avenues, alleys, sidewalks,
bridges, aqueducts, viaducts, and public grounds; (f) Judicial, quasi-judicial, prosecutorial, legislative,
and quasi-legislative functions; (g) The construction, reconstruction, repair, renovation,
maintenance, and operation of buildings that are used in
connection with the performance of a governmental function,
including, but not limited to, office buildings and courthouses; (h) The design, construction, reconstruction, renovation,
repair, maintenance, and operation of jails, places of juvenile
detention, workhouses, or any other detention facility, as
defined
in section 2921.01 of the Revised Code; (i) The enforcement or nonperformance of any law; (j) The regulation of traffic, and the erection or
nonerection of traffic signs, signals, or control devices; (k) The collection and disposal of solid wastes, as
defined
in section 3734.01 of the Revised Code, including, but
not limited
to, the operation of solid waste disposal facilities,
as
"facilities" is defined in that section, and the collection
and
management of hazardous waste generated by households. As
used in
division (C)(2)(k) of this section, "hazardous waste
generated by
households" means solid waste originally generated
by individual
households that is listed specifically as hazardous
waste in or
exhibits one or more characteristics of hazardous
waste as defined
by rules adopted under section 3734.12 of the
Revised Code, but
that is excluded from regulation as a hazardous
waste by those
rules. (l) The provision or nonprovision, planning or design,
construction, or reconstruction of a public improvement,
including, but not limited to, a sewer system; (m) The operation of a human services department or
agency,
including, but not limited to, the provision of
assistance to aged
and infirm persons and to persons who are
indigent; (n) The operation of a health board, department, or
agency,
including, but not limited to, any statutorily required
or
permissive program for the provision of immunizations or other
inoculations to all or some members of the public, provided that
a
"governmental function" does not include the supply,
manufacture,
distribution, or development of any drug or vaccine
employed in
any such immunization or inoculation program by any
supplier,
manufacturer, distributor, or developer of the drug or
vaccine; (o) The operation of mental health facilities, mental
retardation or developmental disabilities facilities, alcohol
treatment and control centers, and children's homes or agencies; (p) The provision or nonprovision of inspection services
of
all types, including, but not limited to, inspections in
connection with building, zoning, sanitation, fire, plumbing, and
electrical codes, and the taking of actions in connection with
those types of codes, including, but not limited to, the approval
of plans for the construction of buildings or structures and the
issuance or revocation of building permits or stop work orders in
connection with buildings or structures; (q) Urban renewal projects and the elimination of slum
conditions; (r) Flood control measures; (s) The design, construction, reconstruction, renovation,
operation, care, repair, and maintenance of a township cemetery; (t) The issuance of revenue obligations under section
140.06
of the Revised Code; (u) The design, construction, reconstruction, renovation,
repair, maintenance, and operation of any park, playground,
playfield, indoor recreational facility, zoo, zoological park,
bath, swimming pool, pond, water park, wading pool, wave pool,
water
slide, and other type of
aquatic facility, or golf course; (v) The provision of public defender services by a county
or
joint county public defender's office pursuant to Chapter 120.
of
the Revised Code; (w) A function that the general assembly mandates a
political subdivision to perform. (D) "Law" means any provision of the constitution,
statutes,
or rules of the United States or of this state;
provisions of
charters, ordinances, resolutions, and rules of
political
subdivisions; and written policies adopted by boards of
education.
When used in connection with the "common law," this
definition
does not apply. (E) "Motor vehicle" has the same meaning as in section
4511.01 of the Revised Code. (F) "Political subdivision" or "subdivision" means a
municipal corporation, township, county, school district, or
other
body corporate and politic responsible for governmental
activities
in a geographic area smaller than that of the state.
"Political
subdivision" includes, but is not limited to, a county
hospital
commission appointed under section 339.14 of the Revised
Code,
regional planning commission created pursuant to section
713.21 of
the Revised Code, county planning commission created
pursuant to
section 713.22 of the Revised Code, joint planning
council created
pursuant to section 713.231 of the Revised Code,
interstate
regional planning commission created pursuant to
section 713.30 of
the Revised Code, port authority created
pursuant to section
4582.02 or 4582.26 of the Revised Code or in
existence on December
16, 1964, regional council established by
political subdivisions
pursuant to Chapter 167. of the Revised
Code, emergency planning
district and joint emergency planning
district designated under
section 3750.03 of the Revised Code,
joint emergency medical
services district created pursuant to section 307.052
of the
Revised Code, fire and ambulance district created pursuant to
section
505.375 of the Revised Code, joint interstate emergency
planning district
established
by an agreement entered into under
that section, county solid waste
management district and joint
solid waste management district
established under section 343.01
or 343.012 of the Revised Code, and
community school established
under Chapter 3314. of the Revised Code. (G)(1) "Proprietary function" means a function of a
political subdivision that is specified in division (G)(2) of
this
section or that satisfies both of the following: (a) The function is not one described in division
(C)(1)(a)
or (b) of this section and is not one specified in
division (C)(2)
of this section; (b) The function is one that promotes or preserves the
public peace, health, safety, or welfare and that involves
activities that are customarily engaged in by nongovernmental
persons. (2) A "proprietary function" includes, but is not limited
to, the following: (a) The operation of a hospital by one or more political
subdivisions; (b) The design, construction, reconstruction, renovation,
repair, maintenance, and operation of a public cemetery other
than
a township cemetery; (c) The establishment, maintenance, and operation of a
utility, including, but not limited to, a light, gas, power, or
heat plant, a railroad, a busline or other transit company, an
airport, and a municipal corporation water supply system; (d) The maintenance, destruction, operation, and upkeep of
a
sewer system; (e) The operation and control of a public stadium,
auditorium, civic or social center, exhibition hall, arts and
crafts center, band or orchestra, or off-street parking facility. (H)
"Public roads" means public roads, highways, streets,
avenues, alleys, and bridges within a political subdivision.
"Public roads"
does not include berms, shoulders, rights-of-way,
or traffic control
devices
unless the
traffic control devices are
mandated by the Ohio manual of uniform
traffic control devices. (I)
"Public roads" means public roads, highways, streets,
avenues, alleys, and bridges within a political subdivision.
"Public roads"
does not include berms, shoulders, rights-of-way,
or traffic control
devices
unless the
traffic control devices are
mandated by the Ohio manual of uniform
traffic control devices.
(I) "State" means the state of Ohio, including, but not
limited to, the general assembly, the supreme court, the offices
of all elected state officers, and all departments, boards,
offices, commissions, agencies, colleges and universities,
institutions, and other instrumentalities of the state of Ohio.
"State" does
not include political subdivisions.
Sec. 2744.03. (A) In a civil action brought against a
political subdivision or an employee of a political subdivision
to
recover damages for injury, death, or loss to persons or
property
allegedly caused by any act or omission in connection
with a
governmental or proprietary function, the following
defenses or
immunities may be asserted to establish nonliability: (1) The political subdivision is immune from liability if
the employee involved was engaged in the performance of a
judicial, quasi-judicial, prosecutorial, legislative, or
quasi-legislative function. (2) The political subdivision is immune from liability if
the conduct of the employee involved, other than negligent
conduct, that gave rise to the claim of liability was required by
law or authorized by law, or if the conduct of the employee
involved that gave rise to the claim of liability was necessary
or
essential to the exercise of powers of the political
subdivision
or employee. (3) The political subdivision is immune from liability if
the action or failure to act by the employee involved that gave
rise to the claim of liability was within the discretion of the
employee with respect to policy-making, planning, or enforcement
powers by virtue of the duties and responsibilities of the office
or position of the employee. (4) The political subdivision is immune from liability if
the action or failure to act by the political subdivision or
employee involved that gave rise to the claim of liability
resulted in injury or death to a person who had been convicted of
or pleaded guilty to a criminal offense and who, at the time of
the injury or death, was serving any portion of
the person's
the
person's
sentence by
performing community service work for or in
the political
subdivision whether pursuant to section 2951.02 of
the Revised
Code or otherwise, or resulted in injury or death to a
child who
was found to be a delinquent child and who, at the time
of the
injury or death, was performing community service or
community
work for or in a political subdivision in accordance
with the
order of a juvenile court entered pursuant to section
2152.19 or 2152.20 of the Revised Code, and if, at
the
time of
the
person's or
child's
the person's or child's injury or death, the
person or child was covered for purposes of Chapter 4123. of the
Revised Code in connection with the community service or
community
work for or in the political subdivision. (5) The political subdivision is immune from liability if
the injury, death, or loss to persons or property resulted from
the exercise of judgment or discretion in determining whether to
acquire, or how to use, equipment, supplies, materials,
personnel,
facilities, and other resources unless the judgment
or discretion
was exercised with malicious purpose, in bad faith,
or in a wanton
or reckless manner. (6) In addition to any immunity or defense referred to in
division (A)(7) of this section and in circumstances not covered
by that division or sections 3314.07 and 3746.24 of the
Revised
Code, the employee is
immune from liability unless
one of the
following applies: (a)
His The employee's
The employee's acts or omissions were
manifestly
outside the scope of
his the employee's
the employee's
employment or
official
responsibilities; (b)
His The employee's
The employee's acts or omissions were
with malicious
purpose, in bad faith, or in a wanton or reckless
manner; (c) Liability is expressly imposed upon the employee by a
section of the Revised Code.
Liability shall not be construed to
exist
under another section of the Revised Code merely because
that section imposes
a responsibility or mandatory duty upon an
employee, because of a general
authorization in that section that
an employee may sue and be sued, or because
the section uses the
term "shall" in a provision pertaining to an employee.
Liability
shall not be construed to exist
under another section of the
Revised Code merely because that section imposes
a responsibility
or mandatory duty upon an employee, because of a general
authorization in that section that an employee may sue and be
sued, or because
the section uses the term "shall" in a provision
pertaining to an employee. (7) The political subdivision, and an employee who is a
county prosecuting attorney, city director of law, village
solicitor, or similar chief legal officer of a political
subdivision, an assistant of any such person, or a judge of a
court of this state is entitled to any defense or immunity
available at common law or established by the Revised Code. (B) Any immunity or defense conferred upon, or referred to
in connection with, an employee by division (A)(6) or (7) of this
section does not affect or limit any liability of a political
subdivision for an act or omission of the employee as provided in
section 2744.02 of the Revised Code.
Section 4. That existing sections 2744.01 and 2744.03 of the
Revised Code as scheduled to take effect on January 1, 2002, are
hereby repealed.
Section 5. Sections 3 and 4 of this act take effect on
January 1, 2002.
Section 6. Sections 723.01, 2744.01, 2744.02, 2744.03,
2744.04, 2744.05, 2744.06, 4582.27, 5591.36, and 5591.37 of the
Revised
Code, as amended by this act, apply only to causes of
action that
accrue on or after the effective date of this act.
Any cause of
action that accrues prior to the effective date of
this act is
governed by the law in effect when the cause of action
accrued.
Section 7. (A) In Section 1 of this act:
(1) Sections 723.01, 2744.04, 2744.06, 5591.36, and 5591.37
of the Revised Code, which have not been amended subsequent to
their amendment by Am. Sub. H.B. 350 of the 121st General
Assembly, are amended to re-enact the changes made to those
sections by Am. Sub. H.B. 350 of the 121st General Assembly.
(2) Section 2744.01 of the Revised Code, which has been
amended by H.B. 205 of the 123rd General Assembly subsequent to
its amendment by Am. Sub. H.B. 350 of the 121st General Assembly,
is amended to re-enact the changes made to that section by Am.
Sub. H.B. 350 of the 121st General Assembly. Amendments made to
that section by H.B. 205 of the 123rd General Assembly are
retained.
(3) Sections 2744.02 and 2744.03 of the Revised Code, which
have been amended by Am. Sub. H.B. 215 of the 122nd General
Assembly subsequent to their amendment by Am. Sub. H.B. 350 of the
121st General Assembly, are amended to re-enact the changes made
to those sections by Am. Sub. H.B. 350 of the 121st General
Assembly. Amendments made to those sections by Am. Sub. H.B. 215
of the 122nd General Assembly are retained.
(4) Section 2744.05 of the Revised Code, which has been
amended by Am. Sub. H.B. 215 of the 122nd General Assembly and
H.B. 471 of the 123rd General Assembly subsequent to its amendment
by Am. Sub. H.B. 350 of the 121st General Assembly, is amended to
re-enact the changes made to that section by Am. Sub. H.B. 350
of
the 121st General Assembly. Amendments made to that section by
Am. Sub. H.B. 215 of the 122nd General Assembly and H.B. 471 of
the 123rd General Assembly are retained.
(5) Section 4582.27 of the Revised Code, which has been
amended by Am. S.B. 137 of the 123rd General Assembly subsequent
to its amendment by Am. Sub. H.B. 350 of the 121st General
Assembly, is amended to re-enact the changes made to that section
by Am. Sub. H.B. 350. Amendments made to that section by Am. S.B.
137 of the 123rd General Assembly are retained.
(B) In Section 3 of this act, sections 2744.01 and 2744.03
of the Revised Code are amended effective January 1, 2002, to
continue the amendments made to those sections by Section 1 of
this act as explained in divisions (A)(2) and (3) of this section.
Sections 2744.01 and 2744.03 were amended subsequently to Am. Sub.
H.B. 350 of the 121st General Assembly by Am. Sub. S.B. 179 of the
123rd General Assembly, effective January 1, 2002.
(C) The amendment of sections 723.01, 2744.01, 2744.02,
2744.03, 2744.04, 2744.05, 2744.06, 4582.27, 5591.36, and 5591.37
of the
Revised Code by this act as described in divisions (A) and
(B) of
this section is in conformity with the Supreme Court of
Ohio's
decisions in
State, ex rel. Ohio Academy of Trial Lawyers
v.
Sheward (1999), 86 Ohio St.3d 451, and
Stevens v. Ackman
(2001),
91 Ohio St.3d 182, and is intended to clarify the status
of those
sections.
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