As Reported by the Senate Highways and Transportation Committee 1
122nd General Assembly 4
Regular Session Am. S. B. No. 22 5
1997-1998 6
SENATORS DRAKE-CUPP-LATTA-SUHADOLNIK-McLIN-DiDONATO-LATELL 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 and to declare an 15
emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 16
Section 1. That section 5503.01 of the Revised Code be 18
amended to read as follows: 19
Sec. 5503.01. There is hereby created in the department of 28
public safety a division of state highway patrol which shall be 29
administered by a superintendent of the state highway patrol. 30
The superintendent shall be appointed by the director of 32
public safety, and shall serve at his THE DIRECTOR'S pleasure. 33
The superintendent shall give bond for the faithful performance 35
of his THE SUPERINTENDENT'S OFFICIAL duties in such amount and 36
with such security as the director approves. 38
The superintendent, with the approval of the director, may 40
appoint any number of state highway patrol troopers and radio 41
operators as are necessary to carry out sections 5503.01 to 42
5503.06 of the Revised Code, but the number of troopers shall not 43
be less than eight hundred eighty. The number of radio operators 44
shall not exceed eighty in number. At EXCEPT AS PROVIDED IN THIS 45
SECTION, AT the time of appointment, troopers shall not be NOT 47
less than twenty-one years of age, nor have reached thirty-five 49
years of age, and. A PERSON WHO IS ATTENDING A TRAINING SCHOOL 50
2
FOR PROSPECTIVE STATE HIGHWAY PATROL TROOPERS ESTABLISHED UNDER 51
SECTION 5503.05 OF THE REVISED CODE AND ATTAINS THE AGE OF 53
THIRTY-FIVE YEARS DURING THE PERSON'S PERIOD OF ATTENDANCE AT 54
THAT TRAINING SCHOOL SHALL NOT BE DISQUALIFIED AS OVER AGE AND 55
SHALL BE PERMITTED TO CONTINUE TO ATTEND THE TRAINING SCHOOL AS 57
LONG AS THE PERSON OTHERWISE IS ELIGIBLE TO DO SO. SUCH A PERSON
ALSO REMAINS ELIGIBLE TO BE APPOINTED A TROOPER. ANY OTHER 60
PERSON WHO ATTAINS OR WILL ATTAIN THE AGE OF THIRTY-FIVE YEARS 61
PRIOR TO THE TIME OF APPOINTMENT SHALL BE DISQUALIFIED AS OVER 63
AGE.
AT THE TIME OF APPOINTMENT, TROOPERS shall have been legal 65
residents of Ohio for at least one year, except that the THIS 66
residence requirement may be waived by the superintendent. No 67
person can be disqualified as over age prior to the time he 68
reaches thirty-five years of age. 69
If any state highway patrol troopers become disabled 71
through accident or illness, the superintendent, with the 72
approval of the director, shall fill any vacancies through the 73
appointment of other troopers from a qualified list to serve 74
during the period of the disability. 75
The superintendent and state highway patrol troopers shall 77
be vested with the authority of peace officers for the purpose of 78
enforcing the laws of the state that it is the duty of the patrol 79
to enforce and may arrest, without warrant, any person who, in 80
the presence of the superintendent or any trooper, is engaged in 81
the violation of any such laws. The state highway patrol 82
troopers shall never be used as peace officers in connection with 83
any strike or labor dispute. 84
Each state highway patrol trooper and radio operator, upon 86
his appointment and before entering upon his OFFICIAL duties, 88
shall take an oath of office for faithful performance of his THE 89
TROOPER'S OR RADIO OPERATOR'S OFFICIAL duties and execute a bond 91
in the sum of twenty-five hundred dollars, payable to the state 92
and for the use and benefit of any aggrieved party who may have a 93
3
cause of action against any trooper or radio operator for 94
misconduct while in the performance of his OFFICIAL duties. In no 96
event shall the bond include any claim arising out of negligent 97
operation of a motorcycle or motor vehicle used by a trooper or 98
radio operator in the performance of his OFFICIAL duties. 99
The superintendent shall prescribe a distinguishing uniform 101
and badge which shall be worn by each state highway patrol 102
trooper and radio operator while on duty, unless otherwise 103
designated by the superintendent. No person shall wear the 104
distinguishing uniform of the state highway patrol or the badge 105
or any distinctive part of that uniform, except on order of the 106
superintendent. 107
The superintendent, with the approval of the director, may 109
appoint necessary clerks, stenographers, and employees. 110
Section 2. That existing section 5503.01 of the Revised 112
Code is hereby repealed. 113
Section 3. This act is hereby declared to be an emergency 115
measure necessary for the immediate preservation of the public 116
peace, health, and safety. The reason for such necessity is that 117
the equities addressed by the act require its implementation 119
prior to the commencement of a class for prospective State
Highway Patrol troopers on May 15, 1997. Therefore, this act 120
shall go into immediate effect. 121