Sub. S.B. 124

126th General Assembly

(H. Civil and Commercial Law)

The Committee added an additional nonvoting member to the Subrogation Rights Commission to be appointed jointly by the Senate President and the House Speaker. The additional member must represent plaintiffs in tort actions who suffered damages as a result of the injury, death, or loss to person or property upon which the tort actions were based. For purposes of this provision, the Committee defined "tort action" as a civil action for damages for injury, death, or loss to person or property, including a product liability claim, as defined in R.C. 2307.71, but not including a civil action for damages for a breach of contract or another agreement between persons. (R.C. 2323.44(A)(1) and (2)(b).)

The Committee changed the date for the Subrogation Rights Commission to submit a report of its findings to the General Assembly to not later than December 31, 2005, instead of not later than one year from the effective date of the bill as was required by the Senate version (R.C. 2323.44(B)(3)).

The Committee also added an emergency clause, stating that the reason for the necessity is that a plethora of state governmental entities require confirmation that the changes made by Am. Sub. H.B. 516 of the 125th General Assembly pertaining to their continued existence under the sunset review law took effect on December 30, 2004 (Section 7).

S0124corrected-126.doc/ss 06/08/05