As Passed by the Senate                       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-HAINES-STAPLETON-SULZER-MAIER-TIBERI-REID-       10           

    WOMER BENJAMIN-HARRIS-ALLEN-MALLORY-WILSON-BOGGS-THOMAS-       11           

    WESTON-AMSTUTZ-BRITTON-KREBS-SALERNO-SENATORS OELSLAGER-       12           

     GARDNER-RAY-CARNES-DiDONATO-DRAKE-MUMPER-DIX-SCHAFRATH-       13           

                           KEARNS-CUPP                             14           


                                                                   16           

                           A   B I L L                                          

             To enact section 5503.11 of the Revised Code to       18           

                authorize the Superintendent of the State Highway  19           

                Patrol to establish a State Highway Patrol         20           

                Auxiliary.                                         21           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        23           

      Section 1.  That section 5503.11 of the Revised Code be      26           

enacted to read as follows:                                                     

      Sec. 5503.11.  (A)  THE SUPERINTENDENT OF THE STATE HIGHWAY  28           

PATROL, WITH THE APPROVAL OF THE DIRECTOR OF PUBLIC SAFETY, MAY    30           

ESTABLISH AN AUXILIARY UNIT WITHIN THE STATE HIGHWAY PATROL, AND   31           

PROVIDE FOR THE REGULATION OF THE AUXILIARY OFFICERS.  THE         32           

SUPERINTENDENT SHALL BE THE HEAD OF THE AUXILIARY UNIT, AND SHALL  33           

HAVE THE SOLE AUTHORITY TO MAKE ALL APPOINTMENTS TO AND                         

DISMISSALS FROM THE AUXILIARY UNIT.  THE SUPERINTENDENT SHALL      34           

PRESCRIBE RULES FOR THE ORGANIZATION, ADMINISTRATION, AND CONTROL  35           

OF THE AUXILIARY UNIT, AND THE ELIGIBILITY REQUIREMENTS,           36           

TRAINING, AND CONDUCT OF THE AUXILIARY OFFICERS.  THE              37           

SUPERINTENDENT ALSO SHALL HAVE THE AUTHORITY TO EXPEND ANY FUNDS                

APPROPRIATED TO THE STATE HIGHWAY PATROL TO PAY ANY EXPENSES THE   38           

STATE HIGHWAY PATROL INCURS IN ADMINISTERING THE AUXILIARY UNIT.   39           

                                                          2      

                                                                 
MEMBERS OF THE AUXILIARY UNIT MAY BE REQUIRED TO PAY ANY PORTION   41           

OF THEIR EXPENSES, AS DETERMINED BY THE SUPERINTENDENT.                         

      NO MEMBER OF THE AUXILIARY UNIT SHALL HAVE ANY POWER TO      43           

ARREST ANY PERSON OR TO ENFORCE ANY LAW OF THIS STATE.             44           

      (B)  EACH MEMBER OF THE AUXILIARY UNIT, IN THE PERFORMANCE   46           

OF THE MEMBER'S OFFICIAL DUTIES AS DETERMINED BY THE               47           

SUPERINTENDENT, POSSESSES PERSONAL IMMUNITY FROM CIVIL LIABILITY   48           

FOR DAMAGES FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY AS    49           

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

INDEMNIFICATION AND REPRESENTATION AS AN OFFICER OR EMPLOYEE OF    50           

THIS STATE TO THE EXTENT DESCRIBED IN AND IN ACCORDANCE WITH       51           

SECTIONS 109.361 TO 109.366 OF THE REVISED CODE.                   52