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