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HB 599
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As Reported by the House Transportation and Public Safety Committee

122nd General Assembly
Regular Session
1997-1998

H. B. No. 599

REPRESENTATIVES BATEMAN-MEAD-GARCIA-BUCHY-LOGAN-GRENDELL-METELSKY- BRADING-OPFER-VESPER-COLONNA-O'BRIEN-VAN VYVEN-WINKLER- CAREY-PATTON

A BILL

To enact section 5503.11 of the Revised Code to authorize the Superintendent of the State Highway Patrol to establish a State Highway Patrol Auxiliary.

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

Section 1. That section 5503.11 of the Revised Code be enacted to read as follows:

Sec. 5503.11. (A) THE SUPERINTENDENT OF THE STATE HIGHWAY PATROL, WITH THE APPROVAL OF THE DIRECTOR OF PUBLIC SAFETY, MAY ESTABLISH AN AUXILIARY UNIT WITHIN THE STATE HIGHWAY PATROL, AND PROVIDE FOR THE REGULATION OF THE AUXILIARY OFFICERS. THE SUPERINTENDENT SHALL BE THE HEAD OF THE AUXILIARY UNIT, AND SHALL HAVE THE SOLE AUTHORITY TO MAKE ALL APPOINTMENTS TO AND DISMISSALS FROM THE AUXILIARY UNIT. THE SUPERINTENDENT SHALL PRESCRIBE RULES FOR THE ORGANIZATION, ADMINISTRATION, AND CONTROL OF THE AUXILIARY UNIT, AND THE ELIGIBILITY REQUIREMENTS, TRAINING, AND CONDUCT OF THE AUXILIARY OFFICERS. THE SUPERINTENDENT ALSO SHALL HAVE THE AUTHORITY TO EXPEND ANY FUNDS APPROPRIATED TO THE STATE HIGHWAY PATROL TO PAY ANY EXPENSES THE STATE HIGHWAY PATROL INCURS IN ADMINISTERING THE AUXILIARY UNIT. MEMBERS OF THE AUXILIARY UNIT MAY BE REQUIRED TO PAY ANY PORTION OF THEIR EXPENSES, AS DETERMINED BY THE SUPERINTENDENT.

NO MEMBER OF THE AUXILIARY UNIT SHALL HAVE ANY POWER TO ARREST ANY PERSON OR TO ENFORCE ANY LAW OF THIS STATE.

(B) EACH MEMBER OF THE AUXILIARY UNIT, IN THE PERFORMANCE OF THE MEMBER'S OFFICIAL DUTIES AS DETERMINED BY THE SUPERINTENDENT, POSSESSES PERSONAL IMMUNITY FROM CIVIL LIABILITY FOR DAMAGES FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY AS SPECIFIED IN SECTION 9.86 of the Revised Code, AND IS ENTITLED TO INDEMNIFICATION AND REPRESENTATION AS AN OFFICER OR EMPLOYEE OF THIS STATE TO THE EXTENT DESCRIBED IN AND IN ACCORDANCE WITH SECTIONS 109.361 TO 109.366 of the Revised Code.