As Introduced                            1            

122nd General Assembly                                             4            

   Regular Session                                   S. B. No. 22  5            

      1997-1998                                                    6            


       SENATORS DRAKE-CUPP-LATTA-SUHADOLNIK-McLIN-DiDONATO         8            


                                                                   10           

                           A   B I L L                                          

             To amend section 5503.01 of the Revised Code to       12           

                provide that a person who attains the age of 35    13           

                years while attending a training school for                     

                prospective state highway patrol troopers cannot   14           

                be disqualified as over age.                                    




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        15           

      Section 1.  That section 5503.01 of the Revised Code be      17           

amended to read as follows:                                        18           

      Sec. 5503.01.  There is hereby created in the department of  27           

public safety a division of state highway patrol which shall be    28           

administered by a superintendent of the state highway patrol.      29           

      The superintendent shall be appointed by the director of     31           

public safety, and shall serve at his THE DIRECTOR'S pleasure.     32           

The superintendent shall give bond for the faithful performance    34           

of his THE SUPERINTENDENT'S OFFICIAL duties in such amount and     35           

with such security as the director approves.                       37           

      The superintendent, with the approval of the director, may   39           

appoint any number of state highway patrol troopers and radio      40           

operators as are necessary to carry out sections 5503.01 to        41           

5503.06 of the Revised Code, but the number of troopers shall not  42           

be less than eight hundred eighty.  The number of radio operators  43           

shall not exceed eighty in number.  At EXCEPT AS PROVIDED IN THIS  44           

SECTION, AT the time of appointment, troopers shall not be NOT     46           

less than twenty-one years of age, nor have reached thirty-five    48           

years of age, and.  A PERSON WHO IS ATTENDING A TRAINING SCHOOL    49           

FOR PROSPECTIVE STATE HIGHWAY PATROL TROOPERS ESTABLISHED UNDER    50           

                                                          2      

                                                                 
SECTION 5503.05 OF THE REVISED CODE AND ATTAINS THE AGE OF         52           

THIRTY-FIVE YEARS DURING THE PERSON'S PERIOD OF ATTENDANCE AT      53           

THAT TRAINING SCHOOL SHALL NOT BE DISQUALIFIED AS OVER AGE AND     54           

SHALL BE PERMITTED TO CONTINUE TO ATTEND THE TRAINING SCHOOL AS    56           

LONG AS THE PERSON OTHERWISE IS ELIGIBLE TO DO SO.  SUCH A PERSON               

ALSO REMAINS ELIGIBLE TO BE APPOINTED A TROOPER.  ANY OTHER        59           

PERSON WHO ATTAINS OR WILL ATTAIN THE AGE OF THIRTY-FIVE YEARS     60           

PRIOR TO THE TIME OF APPOINTMENT SHALL BE DISQUALIFIED AS OVER     62           

AGE.                                                                            

      AT THE TIME OF APPOINTMENT, TROOPERS shall have been legal   64           

residents of Ohio for at least one year, except that the THIS      65           

residence requirement may be waived by the superintendent.  No     66           

person can be disqualified as over age prior to the time he        67           

reaches thirty-five years of age.                                  68           

      If any state highway patrol troopers become disabled         70           

through accident or illness, the superintendent, with the          71           

approval of the director, shall fill any vacancies through the     72           

appointment of other troopers from a qualified list to serve       73           

during the period of the disability.                               74           

      The superintendent and state highway patrol troopers shall   76           

be vested with the authority of peace officers for the purpose of  77           

enforcing the laws of the state that it is the duty of the patrol  78           

to enforce and may arrest, without warrant, any person who, in     79           

the presence of the superintendent or any trooper, is engaged in   80           

the violation of any such laws.  The state highway patrol          81           

troopers shall never be used as peace officers in connection with  82           

any strike or labor dispute.                                       83           

      Each state highway patrol trooper and radio operator, upon   85           

his appointment and before entering upon his OFFICIAL duties,      87           

shall take an oath of office for faithful performance of his THE   88           

TROOPER'S OR RADIO OPERATOR'S OFFICIAL duties and execute a bond   90           

in the sum of twenty-five hundred dollars, payable to the state    91           

and for the use and benefit of any aggrieved party who may have a  92           

cause of action against any trooper or radio operator for          93           

                                                          3      

                                                                 
misconduct while in the performance of his OFFICIAL duties. In no  95           

event shall the bond include any claim arising out of negligent    96           

operation of a motorcycle or motor vehicle used by a trooper or    97           

radio operator in the performance of his OFFICIAL duties.          98           

      The superintendent shall prescribe a distinguishing uniform  100          

and badge which shall be worn by each state highway patrol         101          

trooper and radio operator while on duty, unless otherwise         102          

designated by the superintendent.  No person shall wear the        103          

distinguishing uniform of the state highway patrol or the badge    104          

or any distinctive part of that uniform, except on order of the    105          

superintendent.                                                    106          

      The superintendent, with the approval of the director, may   108          

appoint necessary clerks, stenographers, and employees.            109          

      Section 2.  That existing section 5503.01 of the Revised     111          

Code is hereby repealed.                                           112