H.B. 119

128th General Assembly

(As Introduced)

Reps.     Snitchler, Huffman, Murray

BILL SUMMARY

· Authorizes any law enforcement agency to contract with any governmental entity in Ohio or another jurisdiction to provide, and any governmental entity in Ohio to contract with any law enforcement agency of Ohio or another jurisdiction to obtain, law enforcement services, whether on a regular basis or only in times of emergency, upon the approval of the governing boards or administrative heads of the entities that are parties to the contract.

· Authorizes any law enforcement agency to provide law enforcement services to any governmental entity in Ohio or another jurisdiction without a contract to provide those services upon the approval of the governing board of the agency and upon authorization by an officer or employee of the agency who is designated by title, office, or position pursuant to the authorization of the governing board of the agency.

· Declares that the Political Subdivision Tort Liability Law, as it is applicable to a law enforcement agency, applies to a political subdivision that is operating a law enforcement agency and to the agency's members when the members are rendering service under the bill outside the political subdivision's boundaries, and provides for pension and workers' compensation benefits for such members.

CONTENT AND OPERATION

The bill authorizes any law enforcement agency, defined to mean an organization or entity comprised of peace officers,[1] to contract with any governmental entity in Ohio or another jurisdiction to provide law enforcement services whether on a regular basis or only in times of emergency.  Further, the bill provides that any governmental entity in Ohio may contract with any law enforcement agency of Ohio or another jurisdiction to obtain law enforcement services whether on a regular basis or only in times of emergency.  Such contracts would be subject to the approval of the governing boards or administrative heads of the entities that are parties to the applicable contract.  (R.C. 9.601(A)(1) and (2).)

The bill also authorizes any law enforcement agency to provide law enforcement services to any governmental entity in Ohio or another jurisdiction without a contract to provide those services upon the approval of the governing board of the agency and upon authorization by an officer or employee of the agency who is designated by title, office, or position pursuant to the authorization of the governing board of the agency (R.C. 9.601(B)).

The bill declares that the Political Subdivision Tort Liability Law, insofar as it is applicable to the operation of a law enforcement agency, applies to a political subdivision that is operating a law enforcement agency, and to the members of the law enforcement agency, when the members are rendering service under the bill outside the boundaries of the political subdivision.  In addition, the bill provides that members acting outside the boundaries of the political subdivision that is operating the law enforcement agency may participate in any pension or indemnity fund established by the political subdivision to the same extent as while performing service within the boundaries of the political subdivision and are entitled to all the rights and benefits established under the Workers' Compensation Law to the same extent as while performing service within the boundaries of the political subdivision.  (R.C. 9.601(C).)

HISTORY

ACTION	DATE
Introduced	04-02-09

h0119-i-128.docx/kl

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[1] "Peace officer" is defined in section 109.71 of the Revised Code, not in the bill, and includes sheriffs, marshals, members of police departments, and many other law enforcement officials from various state agencies and political subdivisions.