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S. B. No. 281 As IntroducedAs Introduced
126th General Assembly | Regular Session | 2005-2006 |
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Senators Stivers, Padgett, Mumper, Goodman, Austria, Spada
A BILL
To amend sections 109.761 and 109.802, to enact new section 109.803, and to repeal section 109.803 of the Revised Code to mandate up to 24 hours a year of continuing professional training for peace officers and state highway patrol troopers and to establish the method by which the Attorney General reimburses the training costs.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.761 and 109.802 be amended and new section 109.803 of the Revised Code be enacted to read as follows:
Sec. 109.761. (A)(1) Each agency or entity that appoints or
employs one or more peace officers shall report to the Ohio peace
officer training commission all of the following that occur on or
after
the effective date of this section
February 20, 2002: (a) The appointment or employment of any person to serve the
agency or entity as a peace officer in any full-time, part-time,
reserve, auxiliary, or other capacity; (b) The termination, resignation, felony conviction, or death
of any person who has been appointed to or employed by the agency
or entity as a peace officer in any full-time, part-time, reserve,
auxiliary, or other capacity and is serving the agency or entity
in any of those peace officer capacities. (2) An agency or entity shall make each report required by
this division not later than ten days after the occurrence of the
event being reported. The agency or entity shall make the report
in the manner and format prescribed by the executive director of
the Ohio peace officer training commission. (B) Each agency or entity that appoints or employs one or
more peace officers or state highway patrol troopers shall annually provide to the Ohio peace
officer training commission a roster of all persons who have been
appointed to or employed by the agency or entity as peace officers or troopers
in any full-time, part-time, reserve, auxiliary, or other
capacity
and are serving, or during the year covered by the report
have
served, the agency or entity in any of those peace officer or trooper
capacities. The agency or entity shall provide the roster in the
manner and format, and by the date, prescribed by the executive
director of the Ohio peace officer training commission. (C) The Ohio peace officer training commission shall
prescribe the manner and format of making reports under division
(A) of this section and providing annual rosters under division
(B) of this section and shall prescribe the date by which the
annual rosters must be provided.
Sec. 109.802. (A) There is hereby created in the state
treasury the law enforcement assistance fund. The fund shall be
used to pay reimbursements for law enforcement continuing professional training for paid peace officers as
provided in this section and section 109.803 of the Revised Code,
the compensation of any employees of the attorney general
required to administer those sections, and any other
administrative costs incurred by the attorney general to
administer those sections. (B) The attorney general shall adopt rules in accordance
with Chapter 119. of the Revised Code establishing application
procedures, standards, and guidelines, and prescribing an
application form, for the reimbursement of sheriffs, constables,
chiefs of police of organized municipal and township police
departments, chiefs of police of township police district police
forces, and chiefs of police of university or college police
departments for the costs of peace officer basic training
programs, advanced peace officer training programs, basic jailer
training programs, and firearms requalification programs
successfully completed by them or the peace officers under their
supervision, for the reimbursement of the superintendent of the
state highway patrol and the director of natural resources for
the costs of peace officer basic training programs, advanced
peace officer training programs, and basic jailer training
programs successfully completed by them or the peace officers
under their supervision, and for the reimbursement of the chief
of the adult parole authority and the chief probation officer of
a county probation department, multicounty probation department,
and municipal court department of probation for the costs of
basic firearm training programs and firearms requalification
programs successfully completed by them or by parole or probation
officers under their supervision appointing authorities for the cost of continuing professional training for paid peace officers. The rules shall include, but
are not limited to, all of the following: (1) A requirement that applications for reimbursement be
submitted on a fiscal calendar-year basis; (2) The documentation required to substantiate any costs
for which the applicant seeks reimbursement; (3) The procedure for prorating reimbursements if the
amount of money appropriated for reimbursement for any fiscal
year is not sufficient to pay all of the costs approved for
reimbursement for that fiscal year;
(4) Any other requirements necessary for the proper
administration of the reimbursement program.
(C) The Ohio peace officer training commission shall administer a program for reimbursing appointing authorities for the costs of continuing professional training that is successfully completed by the appointing authority's paid peace officers. The commission shall administer the reimbursement program in accordance with rules adopted by the attorney general pursuant to division (B) of this section.
(D) Each sheriff, constable, and chief of police of an
organized municipal or township police department, township
police district police force, or university or college police
department appointing authority may apply each fiscal calendar year to the peace officer
training commission for reimbursement for the costs of peace officer
basic continuing professional training programs, advanced peace officer training
programs, basic jailer training programs, and firearms
requalification training programs that are is successfully completed
by the sheriff, constable, or chief or a peace officer
under the sheriff's, constable's, or chief's supervision.
The superintendent of the state highway patrol and the director of
natural resources may apply each fiscal year to the peace officer
training commission for reimbursement for the costs of peace officer
basic training programs, advanced peace officer training
programs, and basic jailer training programs successfully
completed by the superintendent or director or the peace
officers under the superintendent's or director's
supervision. The chief of the adult parole authority and each chief probation
officer of a county probation department, multicounty probation
department, or municipal court department of probation may apply
each fiscal year to the peace officer training commission for
reimbursement for the costs of basic firearm training programs
and firearms requalification programs successfully completed by
that chief or by parole or probation officers under
the chief's supervision appointing authority's paid peace officers. Each application shall be made in
accordance with, on an
application form prescribed in, and be supported by the
documentation required by, the rules adopted by the attorney
general pursuant to division (B) of this section. (D)(E) The commission, in accordance with rules of the attorney general adopted under division (B) of this section, shall review each application for reimbursement to determine if the applicant is entitled to reimbursement for the training for which the applicant seeks reimbursement. If the appointing authority complies with the requirements of this section, the commission shall approve reimbursing the appointing authority for the cost of continuing professional training. The actual amount of reimbursement for continuing professional training shall be determined by rules adopted by the attorney general under division (B) of this section.
(F) Each appointing authority that receives funds under this section shall keep those funds separate from any other funds of the appointing authority. No appointing authority that receives funds under this section shall use those funds to supplant or offset existing budgets for continuing professional training. The appointing authority shall use the funds received under this section only for continuing professional training and associated costs.
(G) As used in this section and section 109.803 of the
Revised Code: (1) "Peace officer" includes a sheriff, deputy sheriff,
marshal, deputy marshal, chief of police and member of a
municipal or township police department, chief of police and
member of a township police district police force, chief of
police of a university or college police department, state
university law enforcement officer appointed under section
3345.04 of the Revised Code, superintendent of the state highway
patrol, state highway patrol trooper, and employee of the
department of natural resources who is a natural resources law enforcement
staff officer, park officer, forest
officer, preserve officer, wildlife officer, or state watercraft
officer has the same meaning as in section 109.71 of the Revised Code and includes state highway patrol troopers. (2) "Chief of police of an organized municipal police
department" includes the chief of police of a village police
department. (3) "Chief of police of a village police department" means
the village marshal.
(4) "Chief of police of a university or college police
department" means the person who has direct supervisory authority
over the state university law enforcement officers who are
appointed for the university or college pursuant to section 3345.04 of the
Revised Code by the board of trustees
of the university or college "Appointing authority" means any public agency or entity that appoints or employs a peace officer.
Sec. 109.803. (A) Every appointing authority shall require each of its paid peace officers to complete up to twenty-four hours of continuing professional training each calendar year. The Ohio peace officer training commission may specify the content of up to eight of these hours of training. If an appointing authority complies with this training requirement and with division (B) of section 109.761 of the Revised Code and if the paid peace officers of the appointing authority comply with section 109.801 of the Revised Code to the extent that they are subject to that section and comply with all other training mandated by the general assembly or the Ohio peace officer training commission, the attorney general shall reimburse the appointing authority for the successful training costs of each of its paid peace officers as provided in section 109.802 of the Revised Code.
(B) No paid peace officer who fails to complete the minimum required hours of law enforcement training in any calendar year or who fails to comply with section 109.801 of the Revised Code or any other required training shall carry a firearm during the course of official duties or perform the functions of a peace officer until evidence of the peace officer's compliance with those requirements is filed with the executive director of the Ohio peace officer training commission.
(C) With the advice of the Ohio peace officer training commission, the attorney general shall adopt in accordance with Chapter 119. of the Revised Code rules setting forth minimum standards for continuing professional training for peace officers and governing the administration of the continuing professional training for peace officers. The attorney general shall transmit a certified copy of any rule adopted under this section to the secretary of state.
Section 2. That existing sections 109.761 and 109.802 and section 109.803 of the Revised Code are hereby repealed.
Section 3. An appointing authority that provides continuing professional training in the 2006 calendar year is eligible to apply to the Peace Officer Training Commission for reimbursement for the costs of that training as provided in section 109.802, as amended, and section 109.803 of the Revised Code, as enacted, by this act.
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