Ohio Municipal League
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Suite 510
Columbus, Ohio 43215

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OML E- BULLETIN
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[Please note this letter was sent to all House Members]

April 10, 2002

Representative Larry Householder
Speaker, Ohio House of Representatives
77 South High Street
Columbus, Ohio 43266-0603

Dear Speaker Householder:

Local Governments like the State of Ohio have experienced tight budgets in recent years. One of the unpredictable costs has been the cost of defense lawyers, insurance and judgments brought about by our changing case law on torts.

Local governments have worked with the General Assembly to strike a balance between (1) the need to provide essential governmental services and functions which often involve great risks to our police and fire forces and others in the public; and (2) the fair compensation of persons who are injured in the provision of local government services and functions.

We ask your support for two important Senate Bills currently pending in the Ohio House; SB 120 and SB 106. These measures will provide needed relief to cities, villages and to other local governments and their tax payers.

SB 120, pending in the House Civil and Commercial Law Committee would modify the current law concerning joint and several liability by moving to a standard of comparative fault. Under the current law a political subdivision may get stuck with the entire amount of judgment even though their comparative negligence is only a small percentage. Help us safe guard tax payer moneys by passing SB 120.

SB 106, currently pending in the House Local Government and Township Committee would , in part, restore legislation included in SB 350 which was invalidated due to multiple subjects in State ex rel Ohio Academy of Trial Lawyers v. Sheward (1999). From a local government point of view SB 106 is essential to preserve the intent of the initial enactment with respect to RC 2744.02 (B)(4) by clarifying that the liability imposed by that section only related to defects in the premises (whether a governmental or proprietary function). The plaintiff's bar argues that section prevails over all other provisions of Chapter 2744, R.C. even as to clearly defined governmental functions, including police and fire.

We thank you for your favorable consideration of this matter.

Sincerely,

Susan J. Cave
Executive Director