As Passed by the House 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-REPRESENTATIVES BATEMAN-WHALEN-VESPER- 9
BENDER-MALLORY-CLANCY-MOTTL-SCHULER-MOTTLEY-KASPUTIS- 10
REID-GARCIA-CAREY-BOGGS-COLONNA-SUTTON-TAYLOR-BRADING-AMSTUTZ 11
13
A B I L L
To amend section 5503.01 of the Revised Code to 15
provide that a person who attains the age of 35 16
years while attending a training school for 17
prospective state highway patrol troopers cannot 18
be disqualified as over age and to declare an 19
emergency. 20
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That section 5503.01 of the Revised Code be 23
amended to read as follows: 24
Sec. 5503.01. There is hereby created in the department of 33
public safety a division of state highway patrol which shall be 34
administered by a superintendent of the state highway patrol. 35
The superintendent shall be appointed by the director of 37
public safety, and shall serve at his THE DIRECTOR'S pleasure. 38
The superintendent shall give bond for the faithful performance 40
of his THE SUPERINTENDENT'S OFFICIAL duties in such amount and 41
with such security as the director approves. 43
The superintendent, with the approval of the director, may 45
appoint any number of state highway patrol troopers and radio 46
operators as are necessary to carry out sections 5503.01 to 47
5503.06 of the Revised Code, but the number of troopers shall not 48
be less than eight hundred eighty. The number of radio operators 49
shall not exceed eighty in number. At EXCEPT AS PROVIDED IN THIS 50
2
SECTION, AT the time of appointment, troopers shall not be NOT 52
less than twenty-one years of age, nor have reached thirty-five 54
years of age, and. A PERSON WHO IS ATTENDING A TRAINING SCHOOL 55
FOR PROSPECTIVE STATE HIGHWAY PATROL TROOPERS ESTABLISHED UNDER 56
SECTION 5503.05 OF THE REVISED CODE AND ATTAINS THE AGE OF 58
THIRTY-FIVE YEARS DURING THE PERSON'S PERIOD OF ATTENDANCE AT 59
THAT TRAINING SCHOOL SHALL NOT BE DISQUALIFIED AS OVER AGE AND 60
SHALL BE PERMITTED TO CONTINUE TO ATTEND THE TRAINING SCHOOL AS 62
LONG AS THE PERSON OTHERWISE IS ELIGIBLE TO DO SO. SUCH A PERSON
ALSO REMAINS ELIGIBLE TO BE APPOINTED A TROOPER. ANY OTHER 65
PERSON WHO ATTAINS OR WILL ATTAIN THE AGE OF THIRTY-FIVE YEARS 66
PRIOR TO THE TIME OF APPOINTMENT SHALL BE DISQUALIFIED AS OVER 68
AGE.
AT THE TIME OF APPOINTMENT, TROOPERS shall have been legal 70
residents of Ohio for at least one year, except that the THIS 71
residence requirement may be waived by the superintendent. No 72
person can be disqualified as over age prior to the time he 73
reaches thirty-five years of age. 74
If any state highway patrol troopers become disabled 76
through accident or illness, the superintendent, with the 77
approval of the director, shall fill any vacancies through the 78
appointment of other troopers from a qualified list to serve 79
during the period of the disability. 80
The superintendent and state highway patrol troopers shall 82
be vested with the authority of peace officers for the purpose of 83
enforcing the laws of the state that it is the duty of the patrol 84
to enforce and may arrest, without warrant, any person who, in 85
the presence of the superintendent or any trooper, is engaged in 86
the violation of any such laws. The state highway patrol 87
troopers shall never be used as peace officers in connection with 88
any strike or labor dispute. 89
Each state highway patrol trooper and radio operator, upon 91
his appointment and before entering upon his OFFICIAL duties, 93
shall take an oath of office for faithful performance of his THE 94
3
TROOPER'S OR RADIO OPERATOR'S OFFICIAL duties and execute a bond 96
in the sum of twenty-five hundred dollars, payable to the state 97
and for the use and benefit of any aggrieved party who may have a 98
cause of action against any trooper or radio operator for 99
misconduct while in the performance of his OFFICIAL duties. In no 101
event shall the bond include any claim arising out of negligent 102
operation of a motorcycle or motor vehicle used by a trooper or 103
radio operator in the performance of his OFFICIAL duties. 104
The superintendent shall prescribe a distinguishing uniform 106
and badge which shall be worn by each state highway patrol 107
trooper and radio operator while on duty, unless otherwise 108
designated by the superintendent. No person shall wear the 109
distinguishing uniform of the state highway patrol or the badge 110
or any distinctive part of that uniform, except on order of the 111
superintendent. 112
The superintendent, with the approval of the director, may 114
appoint necessary clerks, stenographers, and employees. 115
Section 2. That existing section 5503.01 of the Revised 117
Code is hereby repealed. 118
Section 3. This act is hereby declared to be an emergency 120
measure necessary for the immediate preservation of the public 121
peace, health, and safety. The reason for such necessity is that 122
the equities addressed by the act require its implementation 124
prior to the commencement of a class for prospective State
Highway Patrol troopers on May 15, 1997. Therefore, this act 125
shall go into immediate effect. 126