As Introduced

126th General Assembly Regular Session 2005-2006

S. B. No. 281

Senators Stivers, Padgett, Mumper, Goodman, Austria, Spada 

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A BILL

To amend sections 109.761 and 109.802, to enact new

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section 109.803, and to repeal section 109.803 of

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the Revised Code to mandate up to 24 hours a year

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of continuing professional training for peace

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officers and state highway patrol troopers and to

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establish the method by which the Attorney General

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reimburses the training costs.

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

Section 1. That sections 109.761 and 109.802 be amended and	8
new section 109.803 of the Revised Code be enacted to read as	9
follows:	10

Sec. 109.761. (A)(1) Each agency or entity that appoints or	11
employs one or more peace officers shall report to the Ohio peace	12
officer training commission all of the following that occur on or	13
after the effective date of this sectionFebruary 20, 2002:	14

(a) The appointment or employment of any person to serve the	15
agency or entity as a peace officer in any full-time, part-time,	16
reserve, auxiliary, or other capacity;	17

(b) The termination, resignation, felony conviction, or death	18
of any person who has been appointed to or employed by the agency	19
or entity as a peace officer in any full-time, part-time, reserve,	20
auxiliary, or other capacity and is serving the agency or entity	21
in any of those peace officer capacities.	22

(2) An agency or entity shall make each report required by	23
this division not later than ten days after the occurrence of the	24
event being reported. The agency or entity shall make the report	25
in the manner and format prescribed by the executive director of	26
the Ohio peace officer training commission.	27

(B) Each agency or entity that appoints or employs one or	28
more peace officers or state highway patrol troopers shall	29
annually provide to the Ohio peace officer training commission a	30
roster of all persons who have been appointed to or employed by	31
the agency or entity as peace officers or troopers in any	32
full-time, part-time, reserve, auxiliary, or other capacity and	33
are serving, or during the year covered by the report have served,	34
the agency or entity in any of those peace officer or trooper	35
capacities. The agency or entity shall provide the roster in the	36
manner and format, and by the date, prescribed by the executive	37
director of the Ohio peace officer training commission.	38

(C) The Ohio peace officer training commission shall	39
prescribe the manner and format of making reports under division	40
(A) of this section and providing annual rosters under division	41
(B) of this section and shall prescribe the date by which the	42
annual rosters must be provided.	43

Sec. 109.802.  (A) There is hereby created in the state	44
treasury the law enforcement assistance fund. The fund shall be	45
used to pay reimbursements for law enforcementcontinuing	46
professional training for paid peace officers as provided in this	47
section and section 109.803 of the Revised Code, the compensation	48
of any employees of the attorney general required to administer	49
those sections, and any other administrative costs incurred by the	50
attorney general to administer those sections.	51

(B) The attorney general shall adopt rules in accordance with	52
Chapter 119. of the Revised Code establishing application	53
procedures, standards, and guidelines, and prescribing an	54
application form, for the reimbursement of sheriffs, constables,	55
chiefs of police of organized municipal and township police	56
departments, chiefs of police of township police district police	57
forces, and chiefs of police of university or college police	58
departments for the costs of peace officer basic training	59
programs, advanced peace officer training programs, basic jailer	60
training programs, and firearms requalification programs	61
successfully completed by them or the peace officers under their	62
supervision, for the reimbursement of the superintendent of the	63
state highway patrol and the director of natural resources for the	64
costs of peace officer basic training programs, advanced peace	65
officer training programs, and basic jailer training programs	66
successfully completed by them or the peace officers under their	67
supervision, and for the reimbursement of the chief of the adult	68
parole authority and the chief probation officer of a county	69
probation department, multicounty probation department, and	70
municipal court department of probation for the costs of basic	71
firearm training programs and firearms requalification programs	72
successfully completed by them or by parole or probation officers	73
under their supervisionappointing authorities for the cost of	74
continuing professional training for paid peace officers. The	75
rules shall include, but are not limited to, all of the following:	76

(1) A requirement that applications for reimbursement be	77
submitted on a fiscalcalendar-year basis;	78

(2) The documentation required to substantiate any costs for	79
which the applicant seeks reimbursement;	80

(3) The procedure for prorating reimbursements if the amount	81
of money appropriated for reimbursement for any fiscal year is not	82
sufficient to pay all of the costs approved for reimbursement for	83
that fiscal year;	84

(4) Any other requirements necessary for the proper	85
administration of the reimbursement program.	86

(C) The Ohio peace officer training commission shall	87
administer a program for reimbursing appointing authorities for	88
the costs of continuing professional training that is successfully	89
completed by the appointing authority's paid peace officers. The	90
commission shall administer the reimbursement program in	91
accordance with rules adopted by the attorney general pursuant to	92
division (B) of this section.	93

(D) Each sheriff, constable, and chief of police of an	94
organized municipal or township police department, township police	95
district police force, or university or college police department	96
appointing authority may apply each fiscalcalendar year to the	97
peace officer training commission for reimbursement for the costs	98
of peace officer basiccontinuing professional training programs,	99
advanced peace officer training programs, basic jailer training	100
programs, and firearms requalification training programs that are	101
is successfully completed by the sheriff, constable, or chief or a	102
peace officer under the sheriff's, constable's, or chief's	103
supervision. The superintendent of the state highway patrol and	104
the director of natural resources may apply each fiscal year to	105
the peace officer training commission for reimbursement for the	106
costs of peace officer basic training programs, advanced peace	107
officer training programs, and basic jailer training programs	108
successfully completed by the superintendent or director or the	109
peace officers under the superintendent's or director's	110
supervision. The chief of the adult parole authority and each	111
chief probation officer of a county probation department,	112
multicounty probation department, or municipal court department of	113
probation may apply each fiscal year to the peace officer training	114
commission for reimbursement for the costs of basic firearm	115
training programs and firearms requalification programs	116
successfully completed by that chief or by parole or probation	117
officers under the chief's supervisionappointing authority's paid	118
peace officers. Each application shall be made in accordance with,	119
on an application form prescribed in, and be supported by the	120
documentation required by, the rules adopted by the attorney	121
general pursuant to division (B) of this section.	122

(D)(E) The commission, in accordance with rules of the	123
attorney general adopted under division (B) of this section, shall	124
review each application for reimbursement to determine if the	125
applicant is entitled to reimbursement for the training for which	126
the applicant seeks reimbursement. If the appointing authority	127
complies with the requirements of this section, the commission	128
shall approve reimbursing the appointing authority for the cost of	129
continuing professional training. The actual amount of	130
reimbursement for continuing professional training shall be	131
determined by rules adopted by the attorney general under division	132
(B) of this section.	133

(F) Each appointing authority that receives funds under this	134
section shall keep those funds separate from any other funds of	135
the appointing authority. No appointing authority that receives	136
funds under this section shall use those funds to supplant or	137
offset existing budgets for continuing professional training. The	138
appointing authority shall use the funds received under this	139
section only for continuing professional training and associated	140
costs.	141

(G) As used in this section and section 109.803 of the	142
Revised Code:	143

(1) "Peace officer" includes a sheriff, deputy sheriff,	144
marshal, deputy marshal, chief of police and member of a municipal	145
or township police department, chief of police and member of a	146
township police district police force, chief of police of a	147
university or college police department, state university law	148
enforcement officer appointed under section 3345.04 of the Revised	149
Code, superintendent of the state highway patrol, state highway	150
patrol trooper, and employee of the department of natural	151
resources who is a natural resources law enforcement staff	152
officer, park officer, forest officer, preserve officer, wildlife	153
officer, or state watercraft officerhas the same meaning as in	154
section 109.71 of the Revised Code and includes state highway	155
patrol troopers.	156

(2) "Chief of police of an organized municipal police	157
department" includes the chief of police of a village police	158
department.	159

(3) "Chief of police of a village police department" means	160
the village marshal.	161

(4) "Chief of police of a university or college police	162
department" means the person who has direct supervisory authority	163
over the state university law enforcement officers who are	164
appointed for the university or college pursuant to section	165
3345.04 of the Revised Code by the board of trustees of the	166
university or college"Appointing authority" means any public	167
agency or entity that appoints or employs a peace officer.	168

Sec. 109.803. (A) Every appointing authority shall require	169
each of its paid peace officers to complete up to twenty-four	170
hours of continuing professional training each calendar year. The	171
Ohio peace officer training commission may specify the content of	172
up to eight of these hours of training. If an appointing authority	173
complies with this training requirement and with division (B) of	174
section 109.761 of the Revised Code and if the paid peace officers	175
of the appointing authority comply with section 109.801 of the	176
Revised Code to the extent that they are subject to that section	177
and comply with all other training mandated by the general	178
assembly or the Ohio peace officer training commission, the	179
attorney general shall reimburse the appointing authority for the	180
successful training costs of each of its paid peace officers as	181
provided in section 109.802 of the Revised Code.	182

(B) No paid peace officer who fails to complete the minimum	183
required hours of law enforcement training in any calendar year or	184
who fails to comply with section 109.801 of the Revised Code or	185
any other required training shall carry a firearm during the	186
course of official duties or perform the functions of a peace	187
officer until evidence of the peace officer's compliance with	188
those requirements is filed with the executive director of the	189
Ohio peace officer training commission.	190

(C) With the advice of the Ohio peace officer training	191
commission, the attorney general shall adopt in accordance with	192
Chapter 119. of the Revised Code rules setting forth minimum	193
standards for continuing professional training for peace officers	194
and governing the administration of the continuing professional	195
training for peace officers. The attorney general shall transmit a	196
certified copy of any rule adopted under this section to the	197
secretary of state.	198

Section 2. That existing sections 109.761 and 109.802 and	199
section 109.803 of the Revised Code are hereby repealed.	200

Section 3. An appointing authority that provides continuing	201
professional training in the 2006 calendar year is eligible to	202
apply to the Peace Officer Training Commission for reimbursement	203
for the costs of that training as provided in section 109.802, as	204
amended, and section 109.803 of the Revised Code, as enacted, by	205
this act.	206