As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 515

Representative Damschroder 

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A BILL

To amend sections 2909.21 and 5502.011 and to repeal

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sections 2909.32, 2909.33, and 2909.34 of the

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Revised Code to eliminate the declaration of

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material assistance/nonassistance questionnaire.

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

Section 1. That sections 2909.21 and 5502.011 of the Revised	5
Code be amended to read as follows:	6

Sec. 2909.21. As used in sections 2909.21 to 2909.342909.31	7
of the Revised Code:	8

(A) "Act of terrorism" means an act that is committed within	9
or outside the territorial jurisdiction of this state or the	10
United States, that constitutes a specified offense if committed	11
in this state or constitutes an offense in any jurisdiction within	12
or outside the territorial jurisdiction of the United States	13
containing all of the essential elements of a specified offense,	14
and that is intended to do one or more of the following:	15

(1) Intimidate or coerce a civilian population;

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(2) Influence the policy of any government by intimidation or	17
coercion;	18

(3) Affect the conduct of any government by the act that	19
constitutes the offense.	20

(B) "Biological agent," "delivery system," "toxin," and	21
"vector" have the same meanings as in section 2917.33 of the	22
Revised Code.	23

(C) "Biological weapon" means any biological agent, toxin,	24
vector, or delivery system or combination of any biological agent	25
or agents, any toxin or toxins, any vector or vectors, and any	26
delivery system or systems.	27

(D) "Chemical weapon" means any one or more of the following:

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(1) Any toxic chemical or precursor of a toxic chemical that	29
is listed in Schedule 1, Schedule 2, or Schedule 3 of the	30
international "Convention on the Prohibition of the Development,	31
Production, Stockpiling and Use of Chemical Weapons and on their	32
Destruction (CWC)," as entered into force on April 29, 1997;	33

(2) A device specifically designed to cause death or other	34
harm through the toxic properties of a toxic chemical or precursor	35
identified in division (D)(1) of this section that would be	36
created or released as a result of the employment of that device;	37

(3) Any equipment specifically designed for use directly in	38
connection with the employment of devices identified in division	39
(D)(2) of this section.	40

(E) "Radiological or nuclear weapon" means any device that is	41
designed to create or release radiation or radioactivity at a	42
level that is dangerous to human life or in order to cause serious	43
physical harm to persons as a result of the radiation or	44
radioactivity created or released.	45

(F) "Explosive device" has the same meaning as in section	46
2923.11 of the Revised Code.	47

(G) "Key component of a binary or multicomponent chemical	48
system" means the precursor that plays the most important role in	49
determining the toxic properties of the final product and reacts	50
rapidly with other chemicals in the binary or multicomponent	51
chemical system.	52

(H) "Material assistance" means any of the following:

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(1) Membership in an organization on the United States	54
department of state terrorist exclusion list;	55

(2) Use of the person's position of prominence within any	56
country to persuade others to support an organization on the	57
United States department of state terrorist exclusion list;	58

(3) Knowingly soliciting funds or other things of value for	59
an organization on the United States department of state terrorist	60
exclusion list;	61

(4) Solicitation of any individual for membership in an	62
organization on the United States department of state terrorist	63
exclusion list;	64

(5) Commission of an act that the person knows, or reasonably	65
should have known, affords material support or resources to an	66
organization on the United States department of state terrorist	67
exclusion list;	68

(6) Hiring or compensating a person known by the person	69
hiring or providing the compensation to be a member of an	70
organization on the United States department of state terrorist	71
exclusion list or a person known by the person hiring or providing	72
the compensation to be engaged in planning, assisting, or carrying	73
out an act of terrorism.	74

(I) "Material support or resources" means currency, payment	75
instruments, other financial securities, funds, transfer of funds,	76
financial services, communications, lodging, training, safe	77
houses, false documentation or identification, communications	78
equipment, facilities, weapons, lethal substances, explosives,	79
personnel, transportation, and other physical assets, except	80
medicine or religious materials.	81

(J)(I) "Payment instrument" means a check, draft, money	82
order, traveler's check, cashier's check, teller's check, or other	83
instrument or order for the transmission or payment of money,	84
regardless of whether the item in question is negotiable.	85

(K)(J) "Peace officer" and "prosecutor" have the same	86
meanings as in section 2935.01 of the Revised Code.	87

(L)(K) "Precursor" means any chemical reactant that takes	88
part at any stage in the production by whatever method of a toxic	89
chemical, including any key component of a binary or	90
multicomponent chemical system.	91

(M)(L) "Response costs" means all costs a political	92
subdivision incurs as a result of, or in making any response to, a	93
threat of a specified offense made as described in section 2909.23	94
of the Revised Code or a specified offense committed as described	95
in section 2909.24 of the Revised Code, including, but not limited	96
to, all costs so incurred by any law enforcement officers,	97
firefighters, rescue personnel, or emergency medical services	98
personnel of the political subdivision and all costs so incurred	99
by the political subdivision that relate to laboratory testing or	100
hazardous material cleanup.	101

(N)(M) "Specified offense" means any of the following:

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(1) A felony offense of violence, a violation of section	103
2909.04, 2909.081, 2909.22, 2909.23, 2909.24, 2909.26, 2909.27,	104
2909.28, 2909.29, or 2927.24 of the Revised Code, a felony of the	105
first degree that is not a violation of any provision in Chapter	106
2925. or 3719. of the Revised Code;	107

(2) An attempt to commit, complicity in committing, or a	108
conspiracy to commit an offense listed in division (N)(M)(1) of	109
this section.	110

(O)(N) "Toxic chemical" means any chemical that through its	111
chemical action on life processes can cause death or serious	112
physical harm to persons or animals, regardless of its origin or	113
of its method of production and regardless of whether it is	114
produced in facilities, in munitions, or elsewhere.	115

(P) "United States department of state terrorist exclusion	116
list" and "terrorist exclusion list" means the list compiled by	117
the United States secretary of state, in consultation with or upon	118
the request of the United States attorney general, that designates	119
terrorist organizations for immigration purposes. "United States	120
department of state terrorist exclusion list" and "terrorist	121
exclusion list" also mean the list of terrorist organizations the	122
director of public safety prepares pursuant to rules adopted in	123
accordance with Chapter 119. of the Revised Code, that is	124
comprised of lists of organizations officials of the United States	125
government designate as terrorist, including the "terrorist	126
exclusion list" described in this division, the list of "foreign	127
terrorist organizations" the Unites States secretary of state	128
prepares in consultation with the United States attorney general	129
and the United States secretary of the treasury, and the list of	130
charities that support terrorist activities, known as "designated	131
charities," that the United States department of treasury	132
compiles.	133

(Q)(O) "Hazardous radioactive substance" means any substance	134
or item that releases or is designed to release radiation or	135
radioactivity at a level dangerous to human life.	136

Sec. 5502.011. (A) As used in this section, "department of	137
public safety" and "department" include all divisions within the	138
department of public safety.	139

(B) The director of the department of public safety is the	140
chief executive and administrative officer of the department. The	141
director may establish policies governing the department, the	142
performance of its employees and officers, the conduct of its	143
business, and the custody, use, and preservation of departmental	144
records, papers, books, documents, and property. The director also	145
may authorize and approve investigations to be conducted by any of	146
the department's divisions. Whenever the Revised Code imposes a	147
duty upon or requires an action of the department, the director	148
may perform the action or duty in the name of the department or	149
direct such performance to be performed by the director's	150
designee.	151

(C) In addition to any other duties enumerated in the Revised	152
Code, the director or the director's designee shall do all of the	153
following:	154

(1) Administer and direct the performance of the duties of	155
the department;	156

(2) Pursuant to Chapter 119. of the Revised Code, approve,	157
adopt, and prescribe such forms and rules as are necessary to	158
carry out the duties of the department;	159

(3) On behalf of the department and in addition to any	160
authority the Revised Code otherwise grants to the department,	161
have the authority and responsibility for approving and entering	162
into contracts, agreements, and other business arrangements;	163

(4) Make appointments for the department as needed to comply	164
with requirements of the Revised Code;	165

(5) Approve employment actions of the department, including	166
appointments, promotions, discipline, investigations, and	167
terminations;	168

(6) Accept, hold, and use, for the benefit of the department,	169
any gift, donation, bequest, or devise, and may agree to and	170
perform all conditions of the gift, donation, bequest, or devise,	171
that are not contrary to law;	172

(7) Apply for, allocate, disburse, and account for grants	173
made available under federal law or from other federal, state, or	174
private sources;	175

(8) Do all other acts necessary or desirable to carry out	176
this chapter.	177

(D)(1) The director of public safety may assess a reasonable	178
fee, plus the amount of any charge or fee passed on from a	179
financial institution, on a drawer or indorser for each of the	180
following:	181

(a) A check, draft, or money order that is returned or	182
dishonored;	183

(b) An automatic bank transfer that is declined, due to	184
insufficient funds or for any other reason;	185

(c) Any financial transaction device that is returned or	186
dishonored for any reason.	187

(2) The director shall deposit any fee collected under this	188
division in an appropriate fund as determined by the director	189
based on the tax, fee, or fine being paid.	190

(3) As used in this division, "financial transaction device"	191
has the same meaning as in section 113.40 of the Revised Code.	192

(E) The director shall establish a homeland security advisory	193
council to advise the director on homeland security, including	194
homeland security funding efforts. The advisory council shall	195
include, but not be limited to, state and local government	196
officials who have homeland security or emergency management	197
responsibilities and who represent first responders. The director	198
shall appoint the members of the council, who shall serve without	199
compensation.	200

(F) The director of public safety shall adopt rules in	201
accordance with Chapter 119. of the Revised Code as required by	202
section 2909.28 of the Revised Code and division (A)(1) of section	203
2909.32 of the Revised Code. The director shall adopt rules as	204
required by division (D) of section 2909.32 of the Revised Code,	205
division (E) of section 2909.33 of the Revised Code, and division	206
(D) of section 2909.34 of the Revised Code. The director may adopt	207
rules pursuant to division (A)(2) of section 2909.32 of the	208
Revised Code, division (A)(2) of section 2909.33 of the Revised	209
Code, and division (A)(2) of section 2909.34 of the Revised Code.	210

Section 2. That existing sections 2909.21 and 5502.011 and	211
sections 2909.32, 2909.33, and 2909.34 of the Revised Code are	212
hereby repealed.	213