As Passed by the House

126th General Assembly Regular Session 2005-2006

Sub. H. B. No. 58

Representatives Dolan, Willamowski, Barrett, Beatty, Brown, Carano, Cassell, Chandler, Coley, Daniels, Domenick, C. Evans, Fende, Flowers, Hartnett, Hughes, Key, Law, Martin, McGregor, Redfern, Schaffer, Schlichter, Schneider, Seitz, J. Stewart, Uecker, Yuko 

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A BILL

To amend sections 109.71, 109.73, 109.79, 4973.17,

1

and 4973.171 of the Revised Code relative to the

2

appointment and commissioning of amusement park

3

police officers and to the training of those

4

officers and to declare an emergency.

5

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

Section 1. That sections 109.71, 109.73, 109.79, 4973.17, and	6
4973.171 of the Revised Code be amended to read as follows:	7

Sec. 109.71.  There is hereby created in the office of the	8
attorney general the Ohio peace officer training commission. The	9
commission shall consist of nine members appointed by the governor	10
with the advice and consent of the senate and selected as follows:	11
one member representing the public; two members who are incumbent	12
sheriffs; two members who are incumbent chiefs of police; one	13
member from the bureau of criminal identification and	14
investigation; one member from the state highway patrol; one	15
member who is the special agent in charge of a field office of the	16
federal bureau of investigation in this state; and one member from	17
the department of education, trade and industrial education	18
services, law enforcement training.	19

As used in sections 109.71 to 109.77 of the Revised Code:

20

(A) "Peace officer" means:

21

(1) A deputy sheriff, marshal, deputy marshal, member of the	22
organized police department of a township or municipal	23
corporation, member of a township police district or joint	24
township police district police force, member of a police force	25
employed by a metropolitan housing authority under division (D) of	26
section 3735.31 of the Revised Code, or township constable, who is	27
commissioned and employed as a peace officer by a political	28
subdivision of this state or by a metropolitan housing authority,	29
and whose primary duties are to preserve the peace, to protect	30
life and property, and to enforce the laws of this state,	31
ordinances of a municipal corporation, resolutions of a township,	32
or regulations of a board of county commissioners or board of	33
township trustees, or any of those laws, ordinances, resolutions,	34
or regulations;	35

(2) A police officer who is employed by a railroad company	36
and appointed and commissioned by the governor pursuant to	37
sections 4973.17 to 4973.22 of the Revised Code;	38

(3) Employees of the department of taxation engaged in the	39
enforcement of Chapter 5743. of the Revised Code and designated by	40
the tax commissioner for peace officer training for purposes of	41
the delegation of investigation powers under section 5743.45 of	42
the Revised Code;	43

(4) An undercover drug agent;

44

(5) Enforcement agents of the department of public safety	45
whom the director of public safety designates under section	46
5502.14 of the Revised Code;	47

(6) An employee of the department of natural resources who is	48
a natural resources law enforcement staff officer designated	49
pursuant to section 1501.013, a park officer designated pursuant	50
to section 1541.10, a forest officer designated pursuant to	51
section 1503.29, a preserve officer designated pursuant to section	52
1517.10, a wildlife officer designated pursuant to section	53
1531.13, or a state watercraft officer designated pursuant to	54
section 1547.521 of the Revised Code;	55

(7) An employee of a park district who is designated pursuant	56
to section 511.232 or 1545.13 of the Revised Code;	57

(8) An employee of a conservancy district who is designated	58
pursuant to section 6101.75 of the Revised Code;	59

(9) A police officer who is employed by a hospital that	60
employs and maintains its own proprietary police department or	61
security department, and who is appointed and commissioned by the	62
governor pursuant to sections 4973.17 to 4973.22 of the Revised	63
Code;	64

(10) Veterans' homes police officers designated under section	65
5907.02 of the Revised Code;	66

(11) A police officer who is employed by a qualified	67
nonprofit corporation police department pursuant to section	68
1702.80 of the Revised Code;	69

(12) A state university law enforcement officer appointed	70
under section 3345.04 of the Revised Code or a person serving as a	71
state university law enforcement officer on a permanent basis on	72
June 19, 1978, who has been awarded a certificate by the executive	73
director of the Ohio peace officer training commission attesting	74
to the person's satisfactory completion of an approved state,	75
county, municipal, or department of natural resources peace	76
officer basic training program;	77

(13) A special police officer employed by the department of	78
mental health pursuant to section 5119.14 of the Revised Code or	79
the department of mental retardation and developmental	80
disabilities pursuant to section 5123.13 of the Revised Code;	81

(14) A member of a campus police department appointed under	82
section 1713.50 of the Revised Code;	83

(15) A member of a police force employed by a regional	84
transit authority under division (Y) of section 306.35 of the	85
Revised Code;	86

(16) Investigators appointed by the auditor of state pursuant	87
to section 117.091 of the Revised Code and engaged in the	88
enforcement of Chapter 117. of the Revised Code;	89

(17) A special police officer designated by the	90
superintendent of the state highway patrol pursuant to section	91
5503.09 of the Revised Code or a person who was serving as a	92
special police officer pursuant to that section on a permanent	93
basis on October 21, 1997, and who has been awarded a certificate	94
by the executive director of the Ohio peace officer training	95
commission attesting to the person's satisfactory completion of an	96
approved state, county, municipal, or department of natural	97
resources peace officer basic training program;	98

(18) A special police officer employed by a port authority	99
under section 4582.04 or 4582.28 of the Revised Code or a person	100
serving as a special police officer employed by a port authority	101
on a permanent basis on May 17, 2000, who has been awarded a	102
certificate by the executive director of the Ohio peace officer	103
training commission attesting to the person's satisfactory	104
completion of an approved state, county, municipal, or department	105
of natural resources peace officer basic training program;	106

(19) A special police officer employed by a municipal	107
corporation who has been awarded a certificate by the executive	108
director of the Ohio peace officer training commission for	109
satisfactory completion of an approved peace officer basic	110
training program and who is employed on a permanent basis on or	111
after the effective date of this amendmentMarch 19, 2003, at a	112
municipal airport, or other municipal air navigation facility,	113
that has scheduled operations, as defined in section 119.3 of	114
Title 14 of the Code of Federal Regulations, 14 C.F.R. 119.3, as	115
amended, and that is required to be under a security program and	116
is governed by aviation security rules of the transportation	117
security administration of the United States department of	118
transportation as provided in Parts 1542. and 1544. of Title 49 of	119
the Code of Federal Regulations, as amended;	120

(20) A police officer who is employed by an owner or operator	121
of an amusement park that has an average yearly attendance in	122
excess of six hundred thousand guests and that employs and	123
maintains its own proprietary police department or security	124
department, and who is appointed and commissioned by a judge of	125
the appropriate municipal court or county court pursuant to	126
section 4973.17 of the Revised Code.	127

(B) "Undercover drug agent" has the same meaning as in	128
division (B)(2) of section 109.79 of the Revised Code.	129

(C) "Crisis intervention training" means training in the use	130
of interpersonal and communication skills to most effectively and	131
sensitively interview victims of rape.	132

(D) "Missing children" has the same meaning as in section	133
2901.30 of the Revised Code.	134

Sec. 109.73.  (A) The Ohio peace officer training commission	135
shall recommend rules to the attorney general with respect to all	136
of the following:	137

(1) The approval, or revocation of approval, of peace officer	138
training schools administered by the state, counties, municipal	139
corporations, public school districts, technical college	140
districts, and the department of natural resources;	141

(2) Minimum courses of study, attendance requirements, and	142
equipment and facilities to be required at approved state, county,	143
municipal, and department of natural resources peace officer	144
training schools;	145

(3) Minimum qualifications for instructors at approved state,	146
county, municipal, and department of natural resources peace	147
officer training schools;	148

(4) The requirements of minimum basic training that peace	149
officers appointed to probationary terms shall complete before	150
being eligible for permanent appointment, which requirements shall	151
include a minimum of fifteen hours of training in the handling of	152
the offense of domestic violence, other types of domestic	153
violence-related offenses and incidents, and protection orders and	154
consent agreements issued or approved under section 2919.26 or	155
3113.31 of the Revised Code, a minimum of six hours of crisis	156
intervention training, and a specified amount of training in the	157
handling of missing children and child abuse and neglect cases,	158
and the time within which such basic training shall be completed	159
following such appointment to a probationary term;	160

(5) The requirements of minimum basic training that peace	161
officers not appointed for probationary terms but appointed on	162
other than a permanent basis shall complete in order to be	163
eligible for continued employment or permanent appointment, which	164
requirements shall include a minimum of fifteen hours of training	165
in the handling of the offense of domestic violence, other types	166
of domestic violence-related offenses and incidents, and	167
protection orders and consent agreements issued or approved under	168
section 2919.26 or 3113.31 of the Revised Code, a minimum of six	169
hours of crisis intervention training, and a specified amount of	170
training in the handling of missing children and child abuse and	171
neglect cases, and the time within which such basic training shall	172
be completed following such appointment on other than a permanent	173
basis;	174

(6) Categories or classifications of advanced in-service	175
training programs for peace officers, including programs in the	176
handling of the offense of domestic violence, other types of	177
domestic violence-related offenses and incidents, and protection	178
orders and consent agreements issued or approved under section	179
2919.26 or 3113.31 of the Revised Code, in crisis intervention,	180
and in the handling of missing children and child abuse and	181
neglect cases, and minimum courses of study and attendance	182
requirements with respect to such categories or classifications;	183

(7) Permitting persons who are employed as members of a	184
campus police department appointed under section 1713.50 of the	185
Revised Code, who are employed as police officers by a qualified	186
nonprofit corporation police department pursuant to section	187
1702.80 of the Revised Code, or who are appointed and commissioned	188
as railroad police officers or hospital police officers pursuant	189
to sections 4973.17 to 4973.22 of the Revised Code, or who are	190
appointed and commissioned as amusement park police officers	191
pursuant to section 4973.17 of the Revised Code to attend approved	192
peace officer training schools, including the Ohio peace officer	193
training academy, and to receive certificates of satisfactory	194
completion of basic training programs, if the private college or	195
university that established the campus police department,	196
qualified nonprofit corporation police department, railroad	197
company, or hospital, or amusement park sponsoring the police	198
officers pays the entire cost of the training and certification	199
and if trainee vacancies are available;	200

(8) Permitting undercover drug agents to attend approved	201
peace officer training schools, other than the Ohio peace officer	202
training academy, and to receive certificates of satisfactory	203
completion of basic training programs, if, for each undercover	204
drug agent, the county, township, or municipal corporation that	205
employs that undercover drug agent pays the entire cost of the	206
training and certification;	207

(9)(a) The requirements for basic training programs for	208
bailiffs and deputy bailiffs of courts of record of this state and	209
for criminal investigators employed by the state public defender	210
that those persons shall complete before they may carry a firearm	211
while on duty;	212

(b) The requirements for any training received by a bailiff	213
or deputy bailiff of a court of record of this state or by a	214
criminal investigator employed by the state public defender prior	215
to June 6, 1986, that is to be considered equivalent to the	216
training described in division (A)(9)(a) of this section.	217

(10) Establishing minimum qualifications and requirements for	218
certification for dogs utilized by law enforcement agencies;	219

(11) Establishing minimum requirements for certification of	220
persons who are employed as correction officers in a full-service	221
jail, five-day facility, or eight-hour holding facility or who	222
provide correction services in such a jail or facility;	223

(12) Establishing requirements for the training of agents of	224
a county humane society under section 1717.06 of the Revised Code,	225
including, without limitation, a requirement that the agents	226
receive instruction on traditional animal husbandry methods and	227
training techniques, including customary owner-performed	228
practices.	229

(B) The commission shall appoint an executive director, with	230
the approval of the attorney general, who shall hold office during	231
the pleasure of the commission. The executive director shall	232
perform such duties as may be assigned by the commission. The	233
executive director shall receive a salary fixed pursuant to	234
Chapter 124. of the Revised Code and reimbursement for expenses	235
within the amounts available by appropriation. The executive	236
director may appoint officers, employees, agents, and consultants	237
as the executive director considers necessary, prescribe their	238
duties, and provide for reimbursement of their expenses within the	239
amounts available for reimbursement by appropriation and with the	240
approval of the commission.	241

(C) The commission may do all of the following:

242

(1) Recommend studies, surveys, and reports to be made by the	243
executive director regarding the carrying out of the objectives	244
and purposes of sections 109.71 to 109.77 of the Revised Code;	245

(2) Visit and inspect any peace officer training school that	246
has been approved by the executive director or for which	247
application for approval has been made;	248

(3) Make recommendations, from time to time, to the executive	249
director, the attorney general, and the general assembly regarding	250
the carrying out of the purposes of sections 109.71 to 109.77 of	251
the Revised Code;	252

(4) Report to the attorney general from time to time, and to	253
the governor and the general assembly at least annually,	254
concerning the activities of the commission;	255

(5) Establish fees for the services the commission offers	256
under sections 109.71 to 109.79 of the Revised Code, including,	257
but not limited to, fees for training, certification, and testing;	258

(6) Perform such other acts as are necessary or appropriate	259
to carry out the powers and duties of the commission as set forth	260
in sections 109.71 to 109.77 of the Revised Code.	261

(D) In establishing the requirements, under division (A)(12)	262
of this section, the commission may consider any portions of the	263
curriculmcurriculum for instruction on the topic of animal	264
husbandry practices, if any, of the Ohio state university college	265
of veterinary medicine. No person or entity that fails to provide	266
instruction on traditional animal husbandry methods and training	267
techniques, including customary owner-performed practices, shall	268
qualify to train a humane agent for appointment under section	269
1717.06 of the Revised Code.	270

Sec. 109.79.  (A) The Ohio peace officer training commission	271
shall establish and conduct a training school for law enforcement	272
officers of any political subdivision of the state or of the state	273
public defender's office. The school shall be known as the Ohio	274
peace officer training academy. No bailiff or deputy bailiff of a	275
court of record of this state and no criminal investigator	276
employed by the state public defender shall be permitted to attend	277
the academy for training unless the employing court of the bailiff	278
or deputy bailiff or the state public defender, whichever is	279
applicable, has authorized the bailiff, deputy bailiff, or	280
investigator to attend the academy.	281

The Ohio peace officer training commission shall develop the	282
training program, which shall include courses in both the civil	283
and criminal functions of law enforcement officers, a course in	284
crisis intervention with six or more hours of training, and	285
training in the handling of missing children and child abuse and	286
neglect cases, and shall establish rules governing qualifications	287
for admission to the academy. The commission may require	288
competitive examinations to determine fitness of prospective	289
trainees, so long as the examinations or other criteria for	290
admission to the academy are consistent with the provisions of	291
Chapter 124. of the Revised Code.	292

The Ohio peace officer training commission shall determine	293
tuition costs which shall be sufficient in the aggregate to pay	294
the costs of operating the academy. The costs of acquiring and	295
equipping the academy shall be paid from appropriations made by	296
the general assembly to the Ohio peace officer training commission	297
for that purpose, or from gifts or grants received for that	298
purpose.	299

The law enforcement officers, during the period of their	300
training, shall receive compensation as determined by the	301
political subdivision that sponsors them or, if the officer is a	302
criminal investigator employed by the state public defender, as	303
determined by the state public defender. The political subdivision	304
may pay the tuition costs of the law enforcement officers they	305
sponsor and the state public defender may pay the tuition costs of	306
criminal investigators of that office who attend the academy.	307

If trainee vacancies exist, the academy may train and issue	308
certificates of satisfactory completion to peace officers who are	309
employed by a campus police department pursuant to section 1713.50	310
of the Revised Code, by a qualified nonprofit corporation police	311
department pursuant to section 1702.80 of the Revised Code, or by	312
a railroad company, who are amusement park police officers	313
appointed and commissioned by a judge of the appropriate municipal	314
court or county court pursuant to section 4973.17 of the Revised	315
Code, or who are hospital police officers appointed and	316
commissioned by the governor pursuant to sections 4973.17 to	317
4973.22 of the Revised Code, provided that no such officer shall	318
be trained at the academy unless the officer meets the	319
qualifications established for admission to the academy and the	320
qualified nonprofit corporation police department, railroad	321
company, or hospital, or amusement park or the private college or	322
university that established the campus police department prepays	323
the entire cost of the training. A qualified nonprofit corporation	324
police department, railroad company, or hospital, or amusement	325
park or a private college or university that has established a	326
campus police department is not entitled to reimbursement from the	327
state for any amount paid for the cost of training the railroad	328
company's peace officers or the peace officers of the qualified	329
nonprofit corporation police department, campus police department,	330
or hospital, or amusement park.	331

The academy shall permit investigators employed by the state	332
medical board to take selected courses that the board determines	333
are consistent with its responsibilities for initial and	334
continuing training of investigators as required under sections	335
4730.26 and 4731.05 of the Revised Code. The board shall pay the	336
entire cost of training that investigators receive at the academy.	337

(B) As used in this section:

338

(1) "Law enforcement officers" include any undercover drug	339
agent, any bailiff or deputy bailiff of a court of record, and any	340
criminal investigator who is employed by the state public	341
defender.	342

(2) "Undercover drug agent" means any person who:

343

(a) Is employed by a county, township, or municipal	344
corporation for the purposes set forth in division (B)(2)(b) of	345
this section but who is not an employee of a county sheriff's	346
department, of a township constable, or of the police department	347
of a municipal corporation or township;	348

(b) In the course of the person's employment by a county,	349
township, or municipal corporation, investigates and gathers	350
information pertaining to persons who are suspected of violating	351
Chapter 2925. or 3719. of the Revised Code, and generally does not	352
wear a uniform in the performance of the person's duties.	353

(3) "Crisis intervention training" has the same meaning as in	354
section 109.71 of the Revised Code.	355

(4) "Missing children" has the same meaning as in section	356
2901.30 of the Revised Code.	357

Sec. 4973.17.  (A) Upon the application of any bank, building	358
and loan association, or association of banks or building and loan	359
associations in this state, the secretary of state may appoint and	360
commission any persons that the bank, building and loan	361
association, or association of banks or building and loan	362
associations designates, or as many of those persons as the	363
secretary of state considers proper, to act as police officers for	364
and on the premises of that bank, building and loan association,	365
or association of banks or building and loan associations, or	366
elsewhere, when directly in the discharge of their duties. Police	367
officers so appointed shall be citizens of this state and of good	368
character. They shall hold office for three years, unless, for	369
good cause shown, their commission is revoked by the secretary of	370
state, or by the bank, building and loan association, or	371
association of banks or building and loan associations, as	372
provided by law.	373

(B) Upon the application of a company owning or using a	374
railroad in this state and subject to section 4973.171 of the	375
Revised Code, the secretary of state may appoint and commission	376
any persons that the railroad company designates, or as many of	377
those persons as the secretary of state considers proper, to act	378
as police officers for and on the premises of the railroad	379
company, its affiliates or subsidiaries, or elsewhere, when	380
directly in the discharge of their duties. Police officers so	381
appointed, within the time set by the Ohio peace officer training	382
commission, shall successfully complete a commission approved	383
training program and be certified by the commission. They shall	384
hold office for three years, unless, for good cause shown, their	385
commission is revoked by the secretary of state, or railroad	386
company, as provided by law.	387

Any person holding a similar commission in another state may	388
be commissioned and may hold office in this state without	389
completing the approved training program required by this division	390
provided that the person has completed a substantially equivalent	391
training program in the other state. The Ohio peace officer	392
training commission shall determine whether a training program in	393
another state meets the requirements of this division.	394

(C) Upon the application of any company under contract with	395
the United States atomic energy commission for the construction or	396
operation of a plant at a site owned by the commission, the	397
secretary of state may appoint and commission persons the company	398
designates, not to exceed one hundred fifty, to act as police	399
officers for the company at the plant or site owned by the	400
commission. Police officers so appointed shall be citizens of this	401
state and of good character. They shall hold office for three	402
years, unless, for good cause shown, their commission is revoked	403
by the secretary of state or by the company, as provided by law.	404

(D)(1) Upon the application of any hospital that is operated	405
by a public hospital agency or a nonprofit hospital agency and	406
that employs and maintains its own proprietary police department	407
or security department and subject to section 4973.171 of the	408
Revised Code, the secretary of state may appoint and commission	409
any persons that the hospital designates, or as many of those	410
persons as the secretary of state considers proper, to act as	411
police officers for the hospital. No person who is appointed as a	412
police officer under this division shall engage in any duties or	413
activities as a police officer for the hospital or any affiliate	414
or subsidiary of the hospital unless all of the following apply:	415

(a) The chief of police of the municipal corporation in which	416
the hospital is located or, if the hospital is located in the	417
unincorporated area of a county, the sheriff of that county has	418
granted approval to the hospital to permit persons appointed as	419
police officers under this division to engage in those duties and	420
activities. The approval required by this division is general in	421
nature and is intended to cover in the aggregate all persons	422
appointed as police officers for the hospital under this division;	423
a separate approval is not required for each appointee on an	424
individual basis.	425

(b) Subsequent to the grant of approval described in division	426
(D)(1)(a) of this section, the hospital has entered into a written	427
agreement with the chief of police of the municipal corporation in	428
which the hospital is located or, if the hospital is located in	429
the unincorporated area of a county, with the sheriff of that	430
county, that sets forth the standards and criteria to govern the	431
interaction and cooperation between persons appointed as police	432
officers for the hospital under this division and law enforcement	433
officers serving the agency represented by the chief of police or	434
sheriff who signed the agreement in areas of their concurrent	435
jurisdiction. The written agreement shall be signed by the	436
appointing authority of the hospital and by the chief of police or	437
sheriff. The standards and criteria may include, but are not	438
limited to, provisions governing the reporting of offenses	439
discovered by hospital police officers to the agency represented	440
by the chief of police or sheriff, provisions governing	441
investigatory responsibilities relative to offenses committed on	442
hospital property, and provisions governing the processing and	443
confinement of persons arrested for offenses committed on hospital	444
property. The agreement required by this division is intended to	445
apply in the aggregate to all persons appointed as police officers	446
for the hospital under this division; a separate agreement is not	447
required for each appointee on an individual basis.	448

(c) The person has successfully completed a training program	449
approved by the Ohio peace officer training commission and has	450
been certified by the commission. A person appointed as a police	451
officer under this division may attend a training program approved	452
by the commission and be certified by the commission regardless of	453
whether the appropriate chief of police or sheriff has granted the	454
approval described in division (D)(1)(a) of this section and	455
regardless of whether the hospital has entered into the written	456
agreement described in division (D)(1)(b) of this section with the	457
appropriate chief of police or sheriff.	458

(2)(a) A person who is appointed as a police officer under	459
division (D)(1) of this section is entitled, upon the grant of	460
approval described in division (D)(1)(a) of this section and upon	461
the person's and the hospital's compliance with the requirements	462
of divisions (D)(1)(b) and (c) of this section, to act as a police	463
officer for the hospital on the premises of the hospital and of	464
its affiliates and subsidiaries that are within the territory of	465
the municipal corporation served by the chief of police or the	466
unincorporated area of the county served by the sheriff who signed	467
the written agreement described in division (D)(1)(b) of this	468
section, whichever is applicable, and anywhere else within the	469
territory of that municipal corporation or within the	470
unincorporated area of that county. The authority to act as a	471
police officer as described in this division is granted only if	472
the person, when engaging in that activity, is directly in the	473
discharge of the person's duties as a police officer for the	474
hospital. The authority to act as a police officer as described in	475
this division shall be exercised in accordance with the standards	476
and criteria set forth in the written agreement described in	477
division (D)(1)(b) of this section.	478

(b) Additionally, a person appointed as a police officer	479
under division (D)(1) of this section is entitled, upon the grant	480
of approval described in division (D)(1)(a) of this section and	481
upon the person's and the hospital's compliance with the	482
requirements of divisions (D)(1)(b) and (c) of this section, to	483
act as a police officer elsewhere, within the territory of a	484
municipal corporation or within the unincorporated area of a	485
county, if the chief of police of that municipal corporation or	486
the sheriff of that county, respectively, has granted approval for	487
that activity to the hospital, police department, or security	488
department served by the person as a police officer and if the	489
person, when engaging in that activity, is directly in the	490
discharge of the person's duties as a police officer for the	491
hospital. The approval described in this division may be general	492
in nature or may be limited in scope, duration, or applicability,	493
as determined by the chief of police or sheriff granting the	494
approval.	495

(3) Police officers appointed under division (D)(1) of this	496
section shall hold office for three years, unless, for good cause	497
shown, their commission is revoked by the secretary of state or by	498
the hospital, as provided by law. As used in divisions (D)(1) to	499
(3) of this section, "public hospital agency" and "nonprofit	500
hospital agency" have the same meanings as in section 140.01 of	501
the Revised Code.	502

(E)(1) Upon the application of any owner or operator of an	503
amusement park that has an average yearly attendance in excess of	504
six hundred thousand guests and that employs and maintains its own	505
proprietary police department or security department and subject	506
to section 4973.171 of the Revised Code, any judge of the	507
municipal court or county court that has territorial jurisdiction	508
over the amusement park may appoint and commission any persons	509
that the owner or operator designates, or as many of those persons	510
as the judge considers proper, to act as police officers for the	511
amusement park. If the amusement park is located in more than one	512
county, any judge of the municipal court or county court of any of	513
those counties may make the appointments and commissions as	514
described in this division. No person who is appointed as a police	515
officer under this division shall engage in any duties or	516
activities as a police officer for the amusement park or any	517
affiliate or subsidiary of the owner or operator of the amusement	518
park unless all of the following apply:	519

(a) The appropriate chief or chiefs of police of the	520
political subdivision or subdivisions in which the amusement park	521
is located as specified in this division have granted approval to	522
the owner or operator of the amusement park to permit persons	523
appointed as police officers under this division to engage in	524
those duties and activities. If the amusement park is located in a	525
single municipal corporation or a single township, the chief of	526
police of that municipal corporation or township is the	527
appropriate chief of police for the grant of approval under this	528
division. If the amusement park is located in two or more	529
townships, two or more municipal corporations, or one or more	530
townships and one or more municipal corporations, the chiefs of	531
police of all of the affected townships and municipal corporations	532
are the appropriate chiefs of police for the grant of approval	533
under this division, and the approval must be jointly granted by	534
all of those chiefs of police. The approval required by this	535
division is general in nature and is intended to cover in the	536
aggregate all persons appointed as police officers for the	537
amusement park under this division. A separate approval is not	538
required for each appointee on an individual basis.	539

(b) Subsequent to the grant of approval described in division	540
(E)(1)(a) of this section, the owner or operator has entered into	541
a written agreement with the appropriate chief or chiefs of police	542
of the political subdivision or subdivisions in which the	543
amusement park is located as specified in this division and has	544
provided the sheriff of the county in which the political	545
subdivision or subdivisions are located with a copy of the	546
agreement. If the amusement park is located in a single municipal	547
corporation or a single township, the chief of police of that	548
municipal corporation or township is the appropriate chief of	549
police for entering into the written agreement under this	550
division. If the amusement park is located in two or more	551
townships, two or more municipal corporations, or one or more	552
townships and one or more municipal corporations, the chiefs of	553
police of all of the affected townships and municipal corporations	554
are the appropriate chiefs of police for entering into the written	555
agreement under this division, and the written agreement must be	556
jointly entered into by all of those chiefs of police. The written	557
agreement between the owner or operator and the chief or chiefs of	558
police shall address the scope of activities, the duration of the	559
agreement, and mutual aid arrangements and shall set forth the	560
standards and criteria to govern the interaction and cooperation	561
between persons appointed as police officers for the amusement	562
park under this division and law enforcement officers serving the	563
agency represented by the chief of police who signed the	564
agreement. The written agreement shall be signed by the owner or	565
operator and by the chief or chiefs of police who enter into it.	566
The standards and criteria may include, but are not limited to,	567
provisions governing the reporting of offenses discovered by the	568
amusement park's police officers to the agency represented by the	569
chief of police of the municipal corporation or township in which	570
the offense occurred, provisions governing investigatory	571
responsibilities relative to offenses committed on amusement park	572
property, and provisions governing the processing and confinement	573
of persons arrested for offenses committed on amusement park	574
property. The agreement required by this division is intended to	575
apply in the aggregate to all persons appointed as police officers	576
for the amusement park under this division. A separate agreement	577
is not required for each appointee on an individual basis.	578

(c) The person has successfully completed a training program	579
approved by the Ohio peace officer training commission and has	580
been certified by the commission. A person appointed as a police	581
officer under this division may attend a training program approved	582
by the commission and be certified by the commission regardless of	583
whether the appropriate chief of police has granted the approval	584
described in division (E)(1)(a) of this section and regardless of	585
whether the owner or operator of the amusement park has entered	586
into the written agreement described in division (E)(1)(b) of this	587
section with the appropriate chief of police.	588

(2)(a) A person who is appointed as a police officer under	589
division (E)(1) of this section is entitled, upon the grant of	590
approval described in section (E)(1)(a) of this section and upon	591
the person's and the owner or operator's compliance with the	592
requirements of division (E)(1)(b) and (c) of this section, to act	593
as a police officer for the amusement park and its affiliates and	594
subsidiaries that are within the territory of the political	595
subdivision or subdivisions served by the chief of police, or	596
respective chiefs of police, who signed the written agreement	597
described in division (E)(1)(b) of this section, and upon any	598
contiguous real property of the amusement park that is covered by	599
the written agreement, whether within or adjacent to the political	600
subdivision or subdivisions. The authority to act as a police	601
officer as described in this division is granted only if the	602
person, when engaging in that activity, is directly in the	603
discharge of the person's duties as a police officer for the	604
amusement park. The authority to act as a police officer as	605
described in this division shall be exercised in accordance with	606
the standards and criteria set forth in the written agreement	607
described in division (E)(1)(b) of this section.	608

(b) In addition to the authority granted under division	609
(E)(2)(a) of this section, a person appointed as a police officer	610
under division (E)(1) of this section is entitled, upon the grant	611
of approval described in division (E)(1)(a) of this section and	612
upon the person's and the owner or operator's compliance with the	613
requirements of divisions (E)(1)(b) and (c) of this section, to	614
act as a police officer elsewhere within the territory of a	615
municipal corporation or township if the chief of police of that	616
municipal corporation or township has granted approval for that	617
activity to the owner or operator served by the person as a police	618
officer and if the person, when engaging in that activity, is	619
directly in the discharge of the person's duties as a police	620
officer for the amusement park. The approval described in this	621
division may be general in nature or may be limited in scope,	622
duration, or applicability, as determined by the chief of police	623
granting the approval.	624

(3) Police officers appointed under division (E)(1) of this	625
section shall hold office for five years, unless, for good cause	626
shown, their commission is revoked by the appointing judge or the	627
judge's successor or by the owner or operator, as provided by law.	628

(F) A fee of fifteen dollars for each commission applied for	629
under this section shall be paid at the time the application is	630
made, and this amount shall be returned if for any reason a	631
commission is not issued.	632

Sec. 4973.171.  (A) As used in this section, "felony" has the	633
same meaning as in section 109.511 of the Revised Code.	634

(B)(1) The governor shall not appoint or commission a person	635
as a police officer for a railroad company under division (B) of	636
section 4973.17 of the Revised Code and shall not appoint or	637
commission a person as a police officer for a hospital under	638
division (D) of section 4973.17 of the Revised Code on a permanent	639
basis, on a temporary basis, for a probationary term, or on other	640
than a permanent basis if the person previously has been convicted	641
of or has pleaded guilty to a felony.	642

(2)(a) The governor shall revoke the appointment or	643
commission of a person appointed or commissioned as a police	644
officer for a railroad company or as a police officer for a	645
hospital under division (B) or (D) of section 4973.17 of the	646
Revised Code if that person does either of the following:	647

(i) Pleads guilty to a felony;

648

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	649
plea agreement as provided in division (D) of section 2929.43 of	650
the Revised Code in which the person agrees to surrender the	651
certificate awarded to that person under section 109.77 of the	652
Revised Code.	653

(b) The governor shall suspend the appointment or commission	654
of a person appointed or commissioned as a police officer for a	655
railroad company or as a police officer for a hospital under	656
division (B) or (D) of section 4973.17 of the Revised Code if that	657
person is convicted, after trial, of a felony. If the person files	658
an appeal from that conviction and the conviction is upheld by the	659
highest court to which the appeal is taken or if the person does	660
not file a timely appeal, the governor shall revoke the	661
appointment or commission of that person as a police officer for a	662
railroad company or as a police officer for a hospital. If the	663
person files an appeal that results in that person's acquittal of	664
the felony or conviction of a misdemeanor, or in the dismissal of	665
the felony charge against that person, the governor shall	666
reinstate the appointment or commission of that person as a police	667
officer for a railroad company or as a police officer for a	668
hospital. A person whose appointment or commission is reinstated	669
under division (B)(2)(b) of this section shall not receive any	670
back pay unless that person's conviction of the felony was	671
reversed on appeal, or the felony charge was dismissed, because	672
the court found insufficient evidence to convict the person of the	673
felony.	674

(3) Division (B) of this section does not apply regarding an	675
offense that was committed prior to January 1, 1997.	676

(4) The suspension or revocation of the appointment or	677
commission of a person as a police officer for a railroad company	678
or as a police officer for a hospital under division (B)(2) of	679
this section shall be in accordance with Chapter 119. of the	680
Revised Code.	681

(C)(1) A judge of a municipal court or county court that has	682
territorial jurisdiction over an amusement park shall not appoint	683
or commission a person as a police officer for the amusement park	684
under division (E) of section 4973.17 of the Revised Code on a	685
permanent basis, on a temporary basis, for a probationary term, or	686
on other than a permanent basis if the person previously has been	687
convicted of or has pleaded guilty to a felony.	688

(2) The judge shall revoke the appointment or commission of a	689
person appointed or commissioned as a police officer for an	690
amusement park under division (E) of section 4973.17 of the	691
Revised Code if that person does either of the following:	692

(a) Pleads guilty to a felony;

693

(b) Pleads guilty to a misdemeanor pursuant to a negotiated	694
plea agreement as provided in division (D) of section 2929.43 of	695
the Revised Code in which the person agrees to surrender the	696
certificate awarded to that person under section 109.77 of the	697
Revised Code.	698

(3) The judge shall suspend the appointment or commission of	699
a person appointed or commissioned as a police officer for an	700
amusement park under division (E) of section 4973.17 of the	701
Revised Code if that person is convicted, after trial, of a	702
felony. If the person files an appeal from that conviction and	703
that conviction is upheld by the highest court to which the appeal	704
is taken or if the person does not file a timely appeal, the judge	705
shall revoke the appointment or commission of that person as a	706
police officer for an amusement park. If the person files an	707
appeal that results in that person's acquittal of the felony or	708
conviction of a misdemeanor or in the dismissal of the felony	709
charge against that person, the judge shall reinstate the	710
appointment or commission of that person as a police officer for	711
an amusement park. A person whose appointment or commission is	712
reinstated under division (C)(3) of this section shall not receive	713
any back pay unless that person's conviction of the felony was	714
reversed on appeal, or the felony charge was dismissed, because	715
the court found insufficient evidence to convict the person of a	716
felony.	717

(4) Division (C) of this section does not apply regarding an	718
offense that was committed prior to January 1, 1997.	719

(5) The suspension or revocation of the appointment or	720
commission of a person as a police officer for an amusement park	721
under division (C)(2) of this section shall be in accordance with	722
Chapter 119. of the Revised Code.	723

Section 2. That existing sections 109.71, 109.73, 109.79,	724
4973.17, and 4973.171 of the Revised Code are hereby repealed.	725

Section 3.  Section 109.71 of the Revised Code is presented	726
in this act as a composite of the section as amended by both Sub.	727
H.B. 545 and H.B. 675 of the 124th General Assembly. The General	728
Assembly, applying the principle stated in division (B) of section	729
1.52 of the Revised Code that amendments are to be harmonized if	730
reasonably capable of simultaneous operation, finds that the	731
composite is the resulting version of the section in effect prior	732
to the effective date of the section as presented in this act.	733

Section 4. This act is hereby declared to be an emergency	734
measure necessary for the immediate preservation of the public	735
peace, health, and safety. The reason for such necessity is that	736
it is crucial that the appointment and commissioning of amusement	737
park police officers that is authorized under this act, and the	738
protections that will be afforded by the officers so appointed and	739
commissioned, be available to the parks and their patrons by the	740
time of the parks' opening in the spring of 2005. Therefore, this	741
act shall go into immediate effect.	742