As Passed by the Senate 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
NEIN-KEARNS-GAETH 9
11
A B I L L
To amend section 5503.01 of the Revised Code to 13
provide that a person who attains the age of 35 14
years while attending a training school for
prospective state highway patrol troopers cannot 15
be disqualified as over age and to declare an 16
emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 17
Section 1. That section 5503.01 of the Revised Code be 19
amended to read as follows: 20
Sec. 5503.01. There is hereby created in the department of 29
public safety a division of state highway patrol which shall be 30
administered by a superintendent of the state highway patrol. 31
The superintendent shall be appointed by the director of 33
public safety, and shall serve at his THE DIRECTOR'S pleasure. 34
The superintendent shall give bond for the faithful performance 36
of his THE SUPERINTENDENT'S OFFICIAL duties in such amount and 37
with such security as the director approves. 39
The superintendent, with the approval of the director, may 41
appoint any number of state highway patrol troopers and radio 42
operators as are necessary to carry out sections 5503.01 to 43
5503.06 of the Revised Code, but the number of troopers shall not 44
be less than eight hundred eighty. The number of radio operators 45
shall not exceed eighty in number. At EXCEPT AS PROVIDED IN THIS 46
SECTION, AT the time of appointment, troopers shall not be NOT 48
less than twenty-one years of age, nor have reached thirty-five 50
2
years of age, and. A PERSON WHO IS ATTENDING A TRAINING SCHOOL 51
FOR PROSPECTIVE STATE HIGHWAY PATROL TROOPERS ESTABLISHED UNDER 52
SECTION 5503.05 OF THE REVISED CODE AND ATTAINS THE AGE OF 54
THIRTY-FIVE YEARS DURING THE PERSON'S PERIOD OF ATTENDANCE AT 55
THAT TRAINING SCHOOL SHALL NOT BE DISQUALIFIED AS OVER AGE AND 56
SHALL BE PERMITTED TO CONTINUE TO ATTEND THE TRAINING SCHOOL AS 58
LONG AS THE PERSON OTHERWISE IS ELIGIBLE TO DO SO. SUCH A PERSON
ALSO REMAINS ELIGIBLE TO BE APPOINTED A TROOPER. ANY OTHER 61
PERSON WHO ATTAINS OR WILL ATTAIN THE AGE OF THIRTY-FIVE YEARS 62
PRIOR TO THE TIME OF APPOINTMENT SHALL BE DISQUALIFIED AS OVER 64
AGE.
AT THE TIME OF APPOINTMENT, TROOPERS shall have been legal 66
residents of Ohio for at least one year, except that the THIS 67
residence requirement may be waived by the superintendent. No 68
person can be disqualified as over age prior to the time he 69
reaches thirty-five years of age. 70
If any state highway patrol troopers become disabled 72
through accident or illness, the superintendent, with the 73
approval of the director, shall fill any vacancies through the 74
appointment of other troopers from a qualified list to serve 75
during the period of the disability. 76
The superintendent and state highway patrol troopers shall 78
be vested with the authority of peace officers for the purpose of 79
enforcing the laws of the state that it is the duty of the patrol 80
to enforce and may arrest, without warrant, any person who, in 81
the presence of the superintendent or any trooper, is engaged in 82
the violation of any such laws. The state highway patrol 83
troopers shall never be used as peace officers in connection with 84
any strike or labor dispute. 85
Each state highway patrol trooper and radio operator, upon 87
his appointment and before entering upon his OFFICIAL duties, 89
shall take an oath of office for faithful performance of his THE 90
TROOPER'S OR RADIO OPERATOR'S OFFICIAL duties and execute a bond 92
in the sum of twenty-five hundred dollars, payable to the state 93
3
and for the use and benefit of any aggrieved party who may have a 94
cause of action against any trooper or radio operator for 95
misconduct while in the performance of his OFFICIAL duties. In no 97
event shall the bond include any claim arising out of negligent 98
operation of a motorcycle or motor vehicle used by a trooper or 99
radio operator in the performance of his OFFICIAL duties. 100
The superintendent shall prescribe a distinguishing uniform 102
and badge which shall be worn by each state highway patrol 103
trooper and radio operator while on duty, unless otherwise 104
designated by the superintendent. No person shall wear the 105
distinguishing uniform of the state highway patrol or the badge 106
or any distinctive part of that uniform, except on order of the 107
superintendent. 108
The superintendent, with the approval of the director, may 110
appoint necessary clerks, stenographers, and employees. 111
Section 2. That existing section 5503.01 of the Revised 113
Code is hereby repealed. 114
Section 3. This act is hereby declared to be an emergency 116
measure necessary for the immediate preservation of the public 117
peace, health, and safety. The reason for such necessity is that 118
the equities addressed by the act require its implementation 120
prior to the commencement of a class for prospective State
Highway Patrol troopers on May 15, 1997. Therefore, this act 121
shall go into immediate effect. 122