As Reported by the House Transportation and Public Safety Committee  1            

122nd General Assembly                                             4            

   Regular Session                                 H. B. No. 599   5            

      1997-1998                                                    6            


REPRESENTATIVES BATEMAN-MEAD-GARCIA-BUCHY-LOGAN-GRENDELL-METELSKY-  8            

     BRADING-OPFER-VESPER-COLONNA-O'BRIEN-VAN VYVEN-WINKLER-       9            

                          CAREY-PATTON                             10           


                                                                   12           

                           A   B I L L                                          

             To enact section 5503.11 of the Revised Code to       14           

                authorize the Superintendent of the State Highway  15           

                Patrol to establish a State Highway Patrol         16           

                Auxiliary.                                         17           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        19           

      Section 1.  That section 5503.11 of the Revised Code be      22           

enacted to read as follows:                                                     

      Sec. 5503.11.  (A)  THE SUPERINTENDENT OF THE STATE HIGHWAY  24           

PATROL, WITH THE APPROVAL OF THE DIRECTOR OF PUBLIC SAFETY, MAY    26           

ESTABLISH AN AUXILIARY UNIT WITHIN THE STATE HIGHWAY PATROL, AND   27           

PROVIDE FOR THE REGULATION OF THE AUXILIARY OFFICERS.  THE         28           

SUPERINTENDENT SHALL BE THE HEAD OF THE AUXILIARY UNIT, AND SHALL  29           

HAVE THE SOLE AUTHORITY TO MAKE ALL APPOINTMENTS TO AND                         

DISMISSALS FROM THE AUXILIARY UNIT.  THE SUPERINTENDENT SHALL      30           

PRESCRIBE RULES FOR THE ORGANIZATION, ADMINISTRATION, AND CONTROL  31           

OF THE AUXILIARY UNIT, AND THE ELIGIBILITY REQUIREMENTS,           32           

TRAINING, AND CONDUCT OF THE AUXILIARY OFFICERS.  THE              33           

SUPERINTENDENT ALSO SHALL HAVE THE AUTHORITY TO EXPEND ANY FUNDS                

APPROPRIATED TO THE STATE HIGHWAY PATROL TO PAY ANY EXPENSES THE   34           

STATE HIGHWAY PATROL INCURS IN ADMINISTERING THE AUXILIARY UNIT.   35           

MEMBERS OF THE AUXILIARY UNIT MAY BE REQUIRED TO PAY ANY PORTION   37           

OF THEIR EXPENSES, AS DETERMINED BY THE SUPERINTENDENT.                         

      NO MEMBER OF THE AUXILIARY UNIT SHALL HAVE ANY POWER TO      39           

ARREST ANY PERSON OR TO ENFORCE ANY LAW OF THIS STATE.             40           

                                                          2      

                                                                 
      (B)  EACH MEMBER OF THE AUXILIARY UNIT, IN THE PERFORMANCE   42           

OF THE MEMBER'S OFFICIAL DUTIES AS DETERMINED BY THE               43           

SUPERINTENDENT, POSSESSES PERSONAL IMMUNITY FROM CIVIL LIABILITY   44           

FOR DAMAGES FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY AS    45           

SPECIFIED IN SECTION 9.86 OF THE REVISED CODE, AND IS ENTITLED TO               

INDEMNIFICATION AND REPRESENTATION AS AN OFFICER OR EMPLOYEE OF    46           

THIS STATE TO THE EXTENT DESCRIBED IN AND IN ACCORDANCE WITH       47           

SECTIONS 109.361 TO 109.366 OF THE REVISED CODE.                   48