As Passed by the House

126th General Assembly Regular Session 2005-2006

Am. Sub. S. B. No. 9

Senators Jacobson, Clancy, Gardner, Harris, Spada, Cates, Austria 

Representatives Domenick, Evans, C., Evans, D., Hagan, Law, Patton, T., Seitz, Smith, G., Uecker 

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A BILL

To amend sections 121.40, 2901.13, 2909.21, 2923.31,

1

2933.51, 3701.04, 4505.02, 4507.08, 4561.17,

2

4561.18, 4561.22, 4931.45, 4931.49, 5502.011,

3

5502.03, 5502.28, and 5502.41, and to enact

4

sections 9.63, 121.404, 1547.80, 2909.26, 2909.27,

5

2909.28, 2909.29, 2909.30, 2909.31, 2909.32,

6

2909.33, 2909.34, 2921.29, 2935.033, 3750.22, and

7

4563.30 of the Revised Code to establish

8

requirements for state and local compliance with

9

federal homeland security authorities and laws

10

pertaining to terrorism and homeland security; to

11

create criminal offenses for specified acts

12

carried out in support of terrorism; to provide a

13

20-year limitation period for certain

14

terrorism-related offenses; to establish

15

notification requirements regarding illegal aliens

16

convicted of a felony or in custody of the

17

Department of Rehabilitation and Correction; to

18

require individuals to show identification or

19

provide personal information in specified

20

situations; to limit licensing, employing, and

21

doing business with persons who have provided

22

material assistance to an organization on the

23

United States Department of State Terrorist

24

Exclusion List; to expand the definition of

25

"corrupt activity" under the Corrupt Activity Law

26

to include the bill's terrorism-related offenses

27

and animal and ecological terrorism; to include

28

the bill's terrorism-related offenses as

29

"designated offenses" for which an interception

30

warrant may be issued under the Communications

31

Interception Law; to clarify the authority of Ohio

32

peace officers and personnel in the Department of

33

Public Safety to assist federal law enforcement

34

officers; to prohibit the reinstatement of a

35

suspended driver's license to a person who is the

36

subject of an active arrest warrant; to amend

37

specified aspects of the 9-1-1 law; to provide for

38

the establishment of a homeland security advisory

39

council; to designate the National Incident

40

Management System as the standard procedure for

41

incident management within the state; to require

42

the registrar of motor vehicles to adopt rules

43

ensuring reasonably accurate identification of

44

applicants for a certificate of title; to expand

45

the responsibilities of the Ohio Community Service

46

Council with respect to volunteers; to provide

47

registered volunteers with immunity from liability

48

in specified situations; to expand the duties of

49

the Director of Health with respect to volunteers;

50

to provide security-related measures for ports and

51

public-use and private-use airports; and to expand

52

the homeland security duties of the Department of

53

Public Safety.

54

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

Section 1. That sections 121.40, 2901.13, 2909.21, 2923.31,	55
2933.51, 3701.04, 4505.02, 4507.08, 4561.17, 4561.18, 4561.22,	56
4931.45, 4931.49, 5502.011, 5502.03, 5502.28, and 5502.41 be	57
amended and sections 9.63, 121.404, 1547.80, 2909.26, 2909.27,	58
2909.28, 2909.29, 2909.30, 2909.31, 2909.32, 2909.33, 2909.34,	59
2921.29, 2935.033, 3750.22, and 4563.30 of the Revised Code be	60
enacted to read as follows:	61

Sec. 9.63.  (A) Notwithstanding any law, ordinance, or	62
collective bargaining contract to the contrary, no state or local	63
employee shall unreasonably fail to comply with any lawful request	64
for assistance made by any federal authorities carrying out the	65
provisions of the USA Patriot Act, any federal immigration or	66
terrorism investigation, or any executive order of the president	67
of the United States pertaining to homeland security, to the	68
extent that the request is consistent with the doctrine of	69
federalism.	70

(B) No municipal corporation shall enact an ordinance,	71
policy, directive, rule, or resolution that would materially	72
hinder or prevent local employees from complying with the USA	73
Patriot Act or any executive order of the president of the United	74
States pertaining to homeland security or from cooperating with	75
state or federal immigration services and terrorism	76
investigations.	77

(C)(1) Any municipal corporation that enacts any ordinance,	78
policy, directive, rule, or resolution that division (B) of this	79
section prohibits is ineligible to receive any homeland security	80
funding available from the state.	81

(2) Whenever the director of public safety determines that a	82
municipal corporation has enacted any ordinance, policy,	83
directive, rule, or resolution that division (B) of this section	84
prohibits, the director shall certify that the municipal	85
corporation is ineligible to receive any homeland security funding	86
from the state and shall notify the general assembly of that	87
ineligibility. That municipal corporation shall remain ineligible	88
to receive any homeland security funding from the state until the	89
director certifies that the ordinance, policy, directive, rule, or	90
resolution has been repealed.	91

(D)(1) If a state or local employee states disagreement with,	92
or a critical opinion of, the USA Patriot Act, any federal	93
immigration or terrorism policy, or any executive order of the	94
president of the United States pertaining to homeland security,	95
the statement of disagreement with or critical opinion of the act	96
or order is not sufficient to qualify for purposes of this section	97
as unreasonable noncompliance with a request for assistance of the	98
type division (A) of this section describes.	99

(2) Any municipal corporation's ordinance, policy, directive,	100
rule, or resolution that states disagreement with, or a critical	101
opinion of, any state or federal immigration or terrorism policy,	102
the USA Patriot Act, or any executive order of the president of	103
the United States pertaining to homeland security is not	104
sufficient to qualify as a "material hindrance or prevention" of	105
local employees from cooperating with federal immigration services	106
and terrorism investigations or from complying with the USA	107
Patriot Act or any executive order of the president of the United	108
States pertaining to homeland security for purposes of divisions	109
(B), (C), and (D) of this section.	110

(E) As used in this section, "USA Patriot Act" means the	111
"Uniting and Strengthening America by Providing Appropriate Tools	112
Required to Intercept and Obstruct Terrorism (USA Patriot Act) Act	113
of 2001," Pub. L. No. 107-056, 115 Stat. 272, as amended.	114

Sec. 121.40.  (A) There is hereby created the Ohio community	115
service council consisting of twenty-one members including the	116
superintendent of public instruction or the superintendent's	117
designee, the chancellor of the Ohio board of regents or the	118
chancellor's designee, the director of natural resources or the	119
director's designee, the director of youth services or the	120
director's designee, the director of aging or the director's	121
designee, the director of job and family services or the	122
director's designee, the chairperson of the committee of the house	123
of representatives dealing with education or the chairperson's	124
designee, the chairperson of the committee of the senate dealing	125
with education or the chairperson's designee, and thirteen members	126
who shall be appointed by the governor with the advice and consent	127
of the senate and who shall serve terms of office of three years.	128
The appointees shall include educators, including teachers and	129
administrators; representatives of youth organizations; students	130
and parents; representatives of organizations engaged in volunteer	131
program development and management throughout the state, including	132
youth and conservation programs; and representatives of business,	133
government, nonprofit organizations, social service agencies,	134
veterans organizations, religious organizations, or philanthropies	135
that support or encourage volunteerism within the state. Members	136
of the council shall receive no compensation, but shall be	137
reimbursed for actual and necessary expenses incurred in the	138
performance of their official duties.	139

(B) The council shall appoint an executive director for the	140
council, who shall be in the unclassified civil service. The	141
executive director shall supervise the council's activities and	142
report to the council on the progress of those activities. The	143
executive director shall do all things necessary for the efficient	144
and effective implementation of the duties of the council.	145

The responsibilities assigned to the executive director do	146
not relieve the members of the council from final responsibility	147
for the proper performance of the requirements of this section.	148

(C) The council or its designee shall do all of the	149
following:	150

(1) Employ, promote, supervise, and remove all employees as	151
needed in connection with the performance of its duties under this	152
section and may assign duties to those employees as necessary to	153
achieve the most efficient performance of its functions, and to	154
that end may establish, change, or abolish positions, and assign	155
and reassign duties and responsibilities of any employee of the	156
council. Personnel employed by the council who are subject to	157
Chapter 4117. of the Revised Code shall retain all of their rights	158
and benefits conferred pursuant to that chapter. Nothing in this	159
chapter shall be construed as eliminating or interfering with	160
Chapter 4117. of the Revised Code or the rights and benefits	161
conferred under that chapter to public employees or to any	162
bargaining unit.	163

(2) Maintain its office in Columbus, and may hold sessions at	164
any place within the state;	165

(3) Acquire facilities, equipment, and supplies necessary to	166
house the council, its employees, and files and records under its	167
control, and to discharge any duty imposed upon it by law. The	168
expense of these acquisitions shall be audited and paid for in the	169
same manner as other state expenses. For that purpose, the council	170
shall prepare and submit to the office of budget and management a	171
budget for each biennium according to sections 101.532 and 107.03	172
of the Revised Code. The budget submitted shall cover the costs of	173
the council and its staff in the discharge of any duty imposed	174
upon the council by law. The council shall not delegate any	175
authority to obligate funds.	176

(4) Pay its own payroll and other operating expenses from	177
line items designated by the general assembly;	178

(5) Retain its fiduciary responsibility as appointing	179
authority. Any transaction instructions shall be certified by the	180
appointing authority or its designee.	181

(6) Establish the overall policy and management of the	182
council in accordance with this chapter;	183

(7) Assist in coordinating and preparing the state	184
application for funds under sections 101 to 184 of the "National	185
and Community Service Act of 1990," 104 Stat. 3127 (1990), 42	186
U.S.C.A. 12411 to 12544, as amended, assist in administering and	187
overseeing the "National and Community Service Trust Act of 1993,"	188
P.L. 103-82, 107 Stat. 785, and the americorps program in this	189
state, and assist in developing objectives for a comprehensive	190
strategy to encourage and expand community service programs	191
throughout the state;	192

(8) Assist the state board of education, school districts,	193
the board of regents, and institutions of higher education in	194
coordinating community service education programs through	195
cooperative efforts between institutions and organizations in the	196
public and private sectors;	197

(9) Assist the departments of natural resources, youth	198
services, aging, and job and family services in coordinating	199
community service programs through cooperative efforts between	200
institutions and organizations in the public and private sectors;	201

(10) Suggest individuals and organizations that are available	202
to assist school districts, institutions of higher education, and	203
the departments of natural resources, youth services, aging, and	204
job and family services in the establishment of community service	205
programs and assist in investigating sources of funding for	206
implementing these programs;	207

(11) Assist in evaluating the state's efforts in providing	208
community service programs using standards and methods that are	209
consistent with any statewide objectives for these programs and	210
provide information to the state board of education, school	211
districts, the board of regents, institutions of higher education,	212
and the departments of natural resources, youth services, aging,	213
and job and family services to guide them in making decisions	214
about these programs;	215

(12) Assist the state board of education in complying with	216
section 3301.70 of the Revised Code and the board of regents in	217
complying with division (B)(2) of section 3333.043 of the Revised	218
Code;	219

(13) Advise, assist, consult with, and cooperate with, by	220
contract or otherwise, agencies and political subdivisions of this	221
state in establishing a statewide system for volunteers pursuant	222
to section 121.404 of the Revised Code.	223

(D) The department of aging shall serve as the council's	224
fiscal agent. Beginning on July 1, 1997, whenever reference is	225
made in any law, contract, or document to the functions of the	226
department of youth services as fiscal agent to the council, the	227
reference shall be deemed to refer to the department of aging. The	228
department of aging shall have no responsibility for or obligation	229
to the council prior to July 1, 1997. Any validation, cure, right,	230
privilege, remedy, obligation, or liability shall be retained by	231
the council.	232

As used in this section, "fiscal agent" means technical	233
support and includes the following technical support services:	234

(1) Preparing and processing payroll and other personnel	235
documents that the council executes as the appointing authority.	236
The department of aging shall not approve any payroll or other	237
personnel-related documents.	238

(2) Maintaining ledgers of accounts and reports of account	239
balances, and monitoring budgets and allotment plans in	240
consultation with the council. The department shall not approve	241
any biennial budget, grant, expenditure, audit, or fiscal-related	242
document.	243

(3) Performing other routine support services that the	244
director of aging or the director's designee and the council or	245
its designee consider appropriate to achieve efficiency.	246

(E)(1) The council or its designee has the following	247
authority and responsibility relative to fiscal matters:	248

(1)(a) Sole authority to draw funds for any and all federal	249
programs in which the council is authorized to participate;	250

(2)(b) Sole authority to expend funds from their accounts for	251
programs and any other necessary expenses the council may incur	252
and its subgrantees may incur;	253

(3)(c) Responsibility to cooperate with and inform the	254
department of aging as fiscal agent to ensure that the department	255
is fully apprised of all financial transactions.	256

(2) The council shall follow all state procurement	257
requirements.	258

(3) The department of aging shall determine fees to be	259
charged to the council, which shall be in proportion to the	260
services performed for the council.	261

(4) The council shall pay fees owed to the department of	262
aging from a general revenue fund of the council or from any other	263
fund from which the operating expenses of the council are paid.	264
Any amounts set aside for a fiscal year for the payment of these	265
fees shall be used only for the services performed for the council	266
by the department of aging in that fiscal year.	267

(F) The council may accept and administer grants from any	268
source, public or private, to carry out any of the council's	269
functions this section establishes.	270

Sec. 121.404. (A) The Ohio community service council shall	271
advise, assist, consult with, and cooperate with agencies and	272
political subdivisions of this state to establish a statewide	273
system for recruiting, registering, training, and deploying the	274
types of volunteers the council considers advisable and reasonably	275
necessary to respond to an emergency declared by the state or	276
political subdivision.	277

(B) A registered volunteer is not liable in damages to any	278
person or government entity in tort or other civil action,	279
including an action upon a medical, dental, chiropractic,	280
optometric, or other health-related claim or veterinary claim, for	281
injury, death, or loss to person or property that may arise from	282
an act or omission of that volunteer. This division applies to a	283
registered volunteer while providing services within the scope of	284
the volunteer's responsibilities during an emergency declared by	285
the state or political subdivision or in disaster-related	286
exercises, testing, or other training activities, if the	287
volunteer's act or omission does not constitute willful or wanton	288
misconduct.	289

(C) The Ohio community service council shall adopt rules	290
pursuant to Chapter 119. of the Revised Code to establish fees,	291
procedures, standards, and requirements the council considers	292
necessary to carry out the purposes of this section.	293

(D)(1) A registered volunteer's status as a volunteer, and	294
any information presented in summary, statistical, or aggregate	295
form that does not identify an individual, is a public record	296
pursuant to section 149.43 of the Revised Code.	297

(2) Information related to a registered volunteer's specific	298
and unique responsibilities, assignments, or deployment plans,	299
including but not limited to training, preparedness, readiness, or	300
organizational assignment, is a security record for purposes of	301
section 149.433 of the Revised Code.	302

(3) Information related to a registered volunteer's personal	303
information, including but not limited to contact information,	304
medical information, or information related to family members or	305
dependents, is not a public record pursuant to section 149.43 of	306
the Revised Code.	307

(E) As used in this section and section 121.40 of the Revised	308
Code:	309

(1) "Registered volunteer" means any individual registered as	310
a volunteer pursuant to procedures established under this section	311
and who serves without pay or other consideration, other than the	312
reasonable reimbursement or allowance for expenses actually	313
incurred or the provision of incidental benefits related to the	314
volunteer's service, such as meals, lodging, and childcare.	315

(2) "Political subdivision" means a county, township, or	316
municipal corporation in this state.	317

Sec. 1547.80.  (A) Notwithstanding any provision of the	318
Revised Code to the contrary, the department of natural resources,	319
division of watercraft, in consultation with the department of	320
public safety, shall adopt rules regarding the security of ports	321
on waterways in this state and the facilities associated with	322
those ports. The rules shall include but not be limited to	323
provisions that do the following:	324

(1) Designate the ports, located in whole or in part within	325
this state, to which the requirements of this section apply,	326
considering the size and activity of the port, its proximity to a	327
metropolitan location, its proximity to a sensitive site as	328
defined in section 4563.30 of the Revised Code, and any other	329
criteria related to security that the department considers	330
reasonable;	331

(2) Require the designated ports to register biennially with	332
the department of natural resources;	333

(3) Require the designated ports to do all of the following:

334

(a) Prepare a written security plan that is consistent with	335
the most recent security guidelines established pursuant to the	336
national maritime transportation security plan by the secretary in	337
the department in which the United States coast guard is located;	338

(b) Develop a written list of emergency contacts and	339
telephone numbers;	340

(c) Restrict access to vessels by unauthorized persons;

341

(d) Require those piloting or renting vessels to provide	342
identification;	343

(e) Create an emergency locater map that identifies areas of	344
the port facilities;	345

(f) Familiarize local law enforcement agencies with the	346
facilities and consult with them in the development of the port's	347
security procedures.	348

(4) Require all owners of vessels or pilots to secure their	349
vessels;	350

(5) Require all persons who rent a vessel to present	351
government-issued identification, in addition to any required	352
license, to the person who rents them the vessel;	353

(6) Address the security of port facilities located in whole	354
or in part in this state in any other manner the department	355
determines to be necessary.	356

(B) The security plan and the emergency locator map this	357
section describes shall display prominently the following	358
statement: "This document may contain information that, if	359
disclosed, could endanger the life or safety of the public;	360
therefore, this document is to be maintained and used in a manner	361
that preserves the confidentiality of the information it contains	362
in a manner consistent with law."	363

(C) Each port facility designated pursuant to division (A) of	364
this section shall provide a copy of the registration this section	365
requires and the port's security plan and emergency locator map to	366
the department of public safety, to the department of natural	367
resources, to the sheriff of the county in which the port is	368
located in whole or in part, and if the facility is located in	369
whole or in part in a municipal corporation, to the chief of	370
police of each municipal corporation in which the port is located.	371
Copies of registration, emergency locator maps, and security plans	372
provided under this division are not public records under section	373
149.43 of the Revised Code and are not subject to mandatory	374
disclosure under that section.	375

(D) This section shall not be construed to replace or	376
supersede any standards for facilities the United States	377
department of homeland security and the transportation security	378
administration require, safety standards of the United States	379
department of transportation, or any standard or law related to	380
maritime security enforced by the secretary of the department in	381
which the United States coast guard is located.	382

Sec. 2901.13.  (A)(1) Except as provided in division (A)(2)	383
or (3) of this section or as otherwise provided in this section, a	384
prosecution shall be barred unless it is commenced within the	385
following periods after an offense is committed:	386

(a) For a felony, six years;

387

(b) For a misdemeanor other than a minor misdemeanor, two	388
years;	389

(c) For a minor misdemeanor, six months.

390

(2) There is no period of limitation for the prosecution of a	391
violation of section 2903.01 or 2903.02 of the Revised Code.	392

(3) Except as otherwise provided in divisions (B) to (H) of	393
this section, a prosecution of any of the following offenses shall	394
be barred unless it is commenced within twenty years after the	395
offense is committed:	396

(a) A violation of section 2903.03, 2903.04, 2905.01,	397
2907.02, 2907.03, 2907.04, 2907.05, 2907.21, 2909.02, 2909.22,	398
2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, 2911.01,	399
2911.02, 2911.11, 2911.12, or 2917.02 of the Revised Code, a	400
violation of section 2903.11 or 2903.12 of the Revised Code if the	401
victim is a peace officer, a violation of section 2903.13 of the	402
Revised Code that is a felony, or a violation of former section	403
2907.12 of the Revised Code;	404

(b) A conspiracy to commit, attempt to commit, or complicity	405
in committing a violation set forth in division (A)(3)(a) of this	406
section.	407

(B) If the period of limitation provided in division (A)(1)	408
or (3) of this section has expired, prosecution shall be commenced	409
for an offense of which an element is fraud or breach of a	410
fiduciary duty, within one year after discovery of the offense	411
either by an aggrieved person, or by the aggrieved person's legal	412
representative who is not a party to the offense.	413

(C) If the period of limitation provided in division (A)(1)	414
or (3) of this section has expired, prosecution shall be commenced	415
for an offense involving misconduct in office by a public servant	416
as defined in section 2921.01 of the Revised Code, at any time	417
while the accused remains a public servant, or within two years	418
thereafter.	419

(D) An offense is committed when every element of the offense	420
occurs. In the case of an offense of which an element is a	421
continuing course of conduct, the period of limitation does not	422
begin to run until such course of conduct or the accused's	423
accountability for it terminates, whichever occurs first.	424

(E) A prosecution is commenced on the date an indictment is	425
returned or an information filed, or on the date a lawful arrest	426
without a warrant is made, or on the date a warrant, summons,	427
citation, or other process is issued, whichever occurs first. A	428
prosecution is not commenced by the return of an indictment or the	429
filing of an information unless reasonable diligence is exercised	430
to issue and execute process on the same. A prosecution is not	431
commenced upon issuance of a warrant, summons, citation, or other	432
process, unless reasonable diligence is exercised to execute the	433
same.	434

(F) The period of limitation shall not run during any time	435
when the corpus delicti remains undiscovered.	436

(G) The period of limitation shall not run during any time	437
when the accused purposely avoids prosecution. Proof that the	438
accused departed this state or concealed the accused's identity or	439
whereabouts is prima-facie evidence of the accused's purpose to	440
avoid prosecution.	441

(H) The period of limitation shall not run during any time a	442
prosecution against the accused based on the same conduct is	443
pending in this state, even though the indictment, information, or	444
process which commenced the prosecution is quashed or the	445
proceedings thereon are set aside or reversed on appeal.	446

(I) As used in this section, "peace officer" has the same	447
meaning as in section 2935.01 of the Revised Code.	448

Sec. 2909.21. As used in sections 2909.21 to 2909.252909.34	449
of the Revised Code:	450

(A) "Act of terrorism" means an act that is committed within	451
or outside the territorial jurisdiction of this state or the	452
United States, that constitutes a specified offense if committed	453
in this state or constitutes an offense in any jurisdiction within	454
or outside the territorial jurisdiction of the United States	455
containing all of the essential elements of a specified offense,	456
and that is intended to do one or more of the following:	457

(1) Intimidate or coerce a civilian population;

458

(2) Influence the policy of any government by intimidation or	459
coercion;	460

(3) Affect the conduct of any government by the act that	461
constitutes the offense.	462

(B) "Biological agent," "delivery system," "toxin," and	463
"vector" have the same meanings as in section 2917.33 of the	464
Revised Code.	465

(C) "Biological weapon" means any biological agent, toxin,	466
vector, or delivery system or combination of any biological agent	467
or agents, any toxin or toxins, any vector or vectors, and any	468
delivery system or systems.	469

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

470

(1) Any toxic chemical or precursor of a toxic chemical that	471
is listed in Schedule 1, Schedule 2, or Schedule 3 of the	472
international "Convention on the Prohibition of the Development,	473
Production, Stockpiling and Use of Chemical Weapons and on their	474
Destruction (CWC)," as entered into force on April 29, 1997;	475

(2) A device specifically designed to cause death or other	476
harm through the toxic properties of a toxic chemical or precursor	477
identified in division (D)(1) of this section that would be	478
created or released as a result of the employment of that device;	479

(3) Any equipment specifically designed for use directly in	480
connection with the employment of devices identified in division	481
(D)(2) of this section.	482

(E) "Radiological or nuclear weapon" means any device that is	483
designed to create or release radiation or radioactivity at a	484
level that is dangerous to human life or in order to cause serious	485
physical harm to persons as a result of the radiation or	486
radioactivity created or released.	487

(F) "Explosive device" has the same meaning as in section	488
2923.11 of the Revised Code.	489

(G) "Key component of a binary or multicomponent chemical	490
system" means the precursor that plays the most important role in	491
determining the toxic properties of the final product and reacts	492
rapidly with other chemicals in the binary or multicomponent	493
chemical system.	494

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

495

(1) Membership in an organization on the United States	496
department of state terrorist exclusion list;	497

(2) Use of the person's position of prominence within any	498
country to persuade others to support an organization on the	499
United States department of state terrorist exclusion list;	500

(3) Knowingly soliciting funds or other things of value for	501
an organization on the United States department of state terrorist	502
exclusion list;	503

(4) Solicitation of any individual for membership in an	504
organization on the United States department of state terrorist	505
exclusion list;	506

(5) Commission of an act that the person knows, or reasonably	507
should have known, affords material support or resources to an	508
organization on the United States department of state terrorist	509
exclusion list;	510

(6) Hiring or compensating a person known by the person	511
hiring or providing the compensation to be a member of an	512
organization on the United States department of state terrorist	513
exclusion list or a person known by the person hiring or providing	514
the compensation to be engaged in planning, assisting, or carrying	515
out an act of terrorism.	516

(I) "Material support or resources" means currency, payment	517
instruments, other financial securities, funds, transfer of funds,	518
financial services, communications, lodging, training, safehouses	519
safe houses, false documentation or identification, communications	520
equipment, facilities, weapons, lethal substances, explosives,	521
personnel, transportation, and other physical assets, except	522
medicine or religious materials.	523

(C)(J) "Payment instrument" means a check, draft, money	524
order, traveler's check, cashier's check, teller's check, or other	525
instrument or order for the transmission or payment of money,	526
regardless of whether the item in question is negotiable.	527

(K) "Peace officer" and "prosecutor" have the same meanings	528
as in section 2935.01 of the Revised Code.	529

(L) "Precursor" means any chemical reactant that takes part	530
at any stage in the production by whatever method of a toxic	531
chemical, including any key component of a binary or	532
multicomponent chemical system.	533

(D)(M) "Response costs" means all costs a political	534
subdivision incurs as a result of, or in making any response to, a	535
threat of a specified offense made as described in section 2909.23	536
of the Revised Code or a specified offense committed as described	537
in section 2909.24 of the Revised Code, including, but not limited	538
to, all costs so incurred by any law enforcement officers,	539
firefighters, rescue personnel, or emergency medical services	540
personnel of the political subdivision and all costs so incurred	541
by the political subdivision that relate to laboratory testing or	542
hazardous material cleanup.	543

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

544

(1) A felony offense of violence, a violation of section	545
2909.04, 2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28,	546
2909.29, or 2927.24 of the Revised Code, or a felony of the first	547
degree that is not a violation of any provision in Chapter 2925.	548
or 3719. of the Revised Code;	549

(2) An attempt to commit, complicity in committing, or a	550
conspiracy to commit an offense listed in division (E)(N)(1) of	551
this section.	552

(O) "Toxic chemical" means any chemical that through its	553
chemical action on life processes can cause death or serious	554
physical harm to persons or animals, regardless of its origin or	555
of its method of production and regardless of whether it is	556
produced in facilities, in munitions, or elsewhere.	557

(P) "United States department of state terrorist exclusion	558
list" and "terrorist exclusion list" means the list compiled by	559
the United States secretary of state, in consultation with or upon	560
the request of the United States attorney general, that designates	561
terrorist organizations for immigration purposes, as authorized by	562
the "Uniting and Strengthening America by Providing Appropriate	563
Tools Required to Intercept and Obstruct Terrorism (USA Patriot	564
Act) Act of 2001," Pub. L. No. 107-056, 115 Stat. 272, as amended.	565

(Q) "Hazardous radioactive substance" means any substance or	566
item that releases or is designed to release radiation or	567
radioactivity at a level dangerous to human life.	568

Sec. 2909.26.  (A) No person shall knowingly possess any	569
chemical weapon, biological weapon, radiological or nuclear	570
weapon, or explosive device with the intent to use it to cause	571
serious physical harm or death to another person.	572

(B) No person shall knowingly possess any chemical weapon,	573
biological weapon, radiological or nuclear weapon, or explosive	574
device with intent to use the weapon to do any of the following:	575

(1) Intimidate or coerce a civilian population;

576

(2) Influence the policy of any government by intimidation or	577
coercion;	578

(3) Affect the conduct of any government by murder,	579
assassination, or kidnapping.	580

(C) Whoever violates this section is guilty of criminal	581
possession of a chemical weapon, biological weapon, radiological	582
or nuclear weapon, or explosive device. A violation of division	583
(A) of this section is a felony of the third degree. A violation	584
of division (B) of this section is a felony of the second degree.	585

(D) This section does not apply when the items described in	586
division (A) of this section are possessed for a purpose related	587
to the performance of official duties related to any military	588
purpose of the United States and any law enforcement purpose,	589
including any domestic riot control purpose.	590

Sec. 2909.27.  (A) No person shall recklessly use, deploy,	591
release, or cause to be used, deployed, or released any chemical	592
weapon, biological weapon, radiological or nuclear weapon, or	593
explosive device that creates a risk of death or serious physical	594
harm to another person not a participant in the offense.	595

(B) No person shall knowingly use, deploy, release, or cause	596
to be used, deployed, or released any chemical weapon, biological	597
weapon, radiological or nuclear weapon, or explosive device with	598
the intent to do any of the following:	599

(1) Intimidate or coerce a civilian population;

600

(2) Influence the policy of any government by intimidation or	601
coercion;	602

(3) Affect the conduct of any government by murder,	603
assassination, or kidnapping;	604

(4) Cause physical harm to, or the death of, any person who	605
is not a participant in the offense.	606

(C) Whoever violates this section is guilty of criminal use	607
of a chemical weapon, biological weapon, radiological or nuclear	608
weapon, or explosive device. A violation of division (A) of this	609
section is a felony of the second degree. A violation of division	610
(B) of this section is a felony of the first degree.	611

(D)(1) Division (A) of this section does not apply to any	612
person who uses any of the following:	613

(a) Any household product that is generally available for	614
sale to consumers in this state in the quantity and concentration	615
available for sale to those consumers;	616

(b) A self-defense spray;

617

(c) A biological agent, toxin, or delivery system the person	618
possesses solely for protective, bona fide research, or other	619
peaceful purposes;	620

(d) A chemical weapon that the person possesses solely for a	621
purpose not prohibited under this section if the type and quantity	622
is consistent with that purpose.	623

(2) For purposes of this division, "a purpose not prohibited	624
under this section" means any of the following:	625

(a) Any peaceful purpose related to an industrial,	626
agricultural, research, medical, or pharmaceutical activity or	627
other peaceful activity;	628

(b) Any purpose directly related to protection against toxic	629
chemicals and to protection against chemical weapons;	630

(c) Any military purpose of the United States that is not	631
connected with the use of a chemical weapon or that is not	632
dependent on the use of the toxic or poisonous properties of the	633
chemical weapon to cause death or other harm, when related to the	634
performance of official duties;	635

(d) Any law enforcement purpose, including any domestic riot	636
control purpose, when related to the performance of official	637
duties.	638

Sec. 2909.28.  (A) No person, with the intent to manufacture	639
a chemical weapon, biological weapon, radiological or nuclear	640
weapon, or explosive device, shall knowingly assemble or possess	641
one or more toxins, toxic chemicals, precursors of toxic	642
chemicals, vectors, biological agents, or hazardous radioactive	643
substances, including, but not limited to, those listed in rules	644
the director of public safety adopts, that may be used to	645
manufacture a chemical weapon, biological weapon, radiological or	646
nuclear weapon, or explosive device.	647

(B) In a prosecution under this section, it is not necessary	648
to allege or prove that the offender assembled or possessed all	649
chemicals or substances necessary to manufacture a chemical	650
weapon, biological weapon, radiological or nuclear weapon, or	651
explosive device. The assembly or possession of a single chemical	652
or substance, with the intent to use that chemical or substance in	653
the manufacture of a chemical weapon, biological weapon,	654
radiological or nuclear weapon, or explosive device, is sufficient	655
to violate this section.	656

(C) Whoever violates this section is guilty of illegal	657
assembly or possession of chemicals or substances for the	658
manufacture of a chemical weapon, biological weapon, radiological	659
or nuclear weapon, or explosive device, which is a felony of the	660
fourth degree.	661

(D) This section does not apply when the items described in	662
division (A) of this section are assembled or possessed for a	663
purpose related to the performance of official duties related to	664
any military purpose of the United States and any law enforcement	665
purpose, including any domestic riot control purpose.	666

Sec. 2909.29.  (A) No person, knowing that property is the	667
proceeds of an act of terrorism or a monetary instrument given,	668
received, or intended to be used in support of an act of	669
terrorism, shall conduct or attempt to conduct any transaction	670
involving that property or transport, transmit or transfer that	671
monetary instrument with the intent to do any of the following:	672

(1) Commit or further the commission of criminal activity;

673

(2) Conceal or disguise the nature, location, source,	674
ownership, or control of either the proceeds of an act of	675
terrorism or a monetary instrument given, received, or intended to	676
be used to support an act of terrorism;	677

(3) Conceal or disguise the intent to avoid a transaction	678
reporting requirement under section 1315.53 of the Revised Code or	679
federal law.	680

(B)(1) Whoever violates this section is guilty of money	681
laundering in support of terrorism, which is a misdemeanor of the	682
first degree, except as otherwise provided in this division.	683

(2) A violation of division (A) of this section is a felony	684
of the fifth degree if the total value of the property or monetary	685
instrument involved in the transaction equals or exceeds one	686
thousand dollars and is less than five thousand dollars.	687

(3) Money laundering in support of terrorism is a felony of	688
the fourth degree if the total value of the property or monetary	689
instrument involved in the transaction equals or exceeds five	690
thousand dollars and is less than twenty-five thousand dollars.	691

(4) Money laundering in support of terrorism is a felony of	692
the third degree if the total value of the property or monetary	693
instrument involved in the transaction equals or exceeds	694
twenty-five thousand dollars and is less than seventy-five	695
thousand dollars.	696

(5) Money laundering in support of terrorism is a felony of	697
the second degree if the total value of the property or monetary	698
instrument involved in the transaction equals or exceeds	699
seventy-five thousand dollars.	700

Sec. 2909.30.  (A) A judge of a court of record shall direct	701
the clerk of that court to notify the immigration and customs	702
enforcement section of the United States department of homeland	703
security when a suspected alien has been convicted of or pleaded	704
guilty to a felony.	705

(B) The department of rehabilitation and correction monthly	706
shall compile a list of suspected aliens who are serving a prison	707
term. The list shall include the earliest possible date of release	708
of the offender, whether through expiration of prison term,	709
parole, or other means. The department shall provide a copy of the	710
list to the immigration and customs enforcement section of the	711
United States department of homeland security for the section to	712
determine whether it wishes custody of the suspected alien. If the	713
immigration and customs enforcement section indicates it wishes	714
custody, the department of rehabilitation and correction is	715
responsible for the suspected alien until the section takes	716
custody.	717

(C) The department of rehabilitation and correction, pursuant	718
to a valid detainer lodged against an alien who is not legally	719
present in the United States and who has been convicted of or	720
pleaded guilty to a felony, shall transfer that alien to the	721
custody of the immigration and enforcement section of the United	722
States department of homeland security upon completion of the	723
alien's prison term.	724

(D) As used in this section, "alien" means an individual who	725
is not a citizen of the United States.	726

Sec. 2909.31. (A) No person entering an airport, train	727
station, port, or other similar critical transportation	728
infrastructure site shall refuse to show identification when	729
requested by a law enforcement officer when there is a threat to	730
security and the law enforcement officer is requiring	731
identification of all persons entering the site.	732

(B) A law enforcement officer may prevent any person who	733
refuses to show identification when asked under the circumstances	734
described in division (A) of this section from entering the	735
critical transportation infrastructure site.	736

Sec. 2909.32.  (A)(1) The director of public safety shall	737
adopt rules in accordance with Chapter 119. of the Revised Code to	738
identify licenses the state issues for which a holder with a	739
connection to a terrorist organization would present a potential	740
risk to the residents of this state. The rules shall not identify	741
a renewable driver's license or permit as a license of this nature	742
if the applicant is a resident of this state.	743

(2)(a) The director shall prepare a document to serve as a	744
declaration of material assistance/nonassistance for agencies to	745
use to identify whether an applicant for a license or the renewal	746
of a license has provided material assistance to an organization	747
listed in the United States department of state terrorist	748
exclusion list. The declaration shall be substantially in the form	749
and of the same content as set forth in division (A)(2)(b) of this	750
section. The director shall make the declaration available to each	751
issuing agency of a license the director identifies pursuant to	752
division (A)(1) of this section, along with a then-current copy of	753
the United States department of state terrorist exclusion list.	754
The director may adopt rules governing the preparation of the	755
declaration and the distribution of the declaration and the list.	756

(b) The declaration of material assistance/nonassistance this	757
section requires shall be substantially as follows and shall	758
include the following questions and the associated spaces for	759
answering the questions:	760

"DECLARATION REGARDING MATERIAL ASSISTANCE/NONASSISTANCE

761

TO TERRORIST ORGANIZATION

762

(1) Are you a member of an organization on the U.S.	763
Department of State Terrorist Exclusion List? Yes .....; No ......	764

(2) Have you used any position of prominence you have within	765
any country to persuade others to support an organization on the	766
U.S. Department of State Terrorist Exclusion List? Yes .....; No	767
......	768

(3) Have you knowingly solicited funds or other things of	769
value for an organization on the U.S. Department of State	770
Terrorist Exclusion List? Yes .....; No ......	771

(4) Have you solicited any individual for membership in an	772
organization on the U.S. Department of State Terrorist Exclusion	773
List? Yes .....; No ......	774

(5) Have you committed an act that you know, or reasonably	775
should have known, affords "material support or resources" (see	776
below) to an organization on the U.S. Department of State	777
Terrorist Exclusion List? Yes .....; No ......	778

(6) Have you hired or compensated a person you knew to be a	779
member of an organization on the U.S. Department of State	780
Terrorist Exclusion List or a person you knew to be engaged in	781
planning, assisting, or carrying out an act of terrorism? Yes	782
.....; No ......	783

For purposes of this declaration of material	784
assistance/nonassistance, "material support or resources" means	785
currency, payment instruments, other financial securities, funds,	786
transfer of funds, and financial services that are in excess of	787
one hundred dollars, as well as communications, lodging, training,	788
safe houses, false documentation or identification, communications	789
equipment, facilities, weapons, lethal substances, explosives,	790
personnel, transportation, and other physical assets, except	791
medicine or religious materials."	792

(B)(1) Any agency that issues a license the director	793
identifies pursuant to division (A)(1) of this section shall	794
include with the agency's application form a copy of the	795
declaration of material assistance/nonassistance the director	796
prepares pursuant to this section and a then-current copy of the	797
terrorist exclusion list. The agency shall inform applicants that	798
they must truthfully answer each question.	799

(2) Any person provided a declaration of material	800
assistance/nonassistance pursuant to this section shall answer	801
each question and attach the completed declaration to the	802
application for the license or the license renewal.	803

(C)(1) Any answer of "yes" to any question, or the failure to	804
answer "no" to any question, on a declaration of material	805
assistance/nonassistance an agency provides pursuant to this	806
section shall serve for purposes of this section as a disclosure	807
that the applicant has provided material assistance to an	808
organization listed on the terrorist exclusion list.	809

(2) Any person who discloses the provision of material	810
assistance to any organization on the terrorist exclusion list	811
shall be denied the license or the renewal of the license unless	812
the department of public safety reinstates the application	813
pursuant to division (D) of this section.	814

(D) The department of public safety, upon an applicant's	815
request, shall review within thirty days of that request an	816
application for any license or renewal that was denied under	817
division (C) of this section. The department shall reinstate the	818
license application for good cause if it determines all of the	819
following pursuant to guidelines the director adopts by rule:	820

(1) That the provision of material assistance to an	821
organization on the terrorist exclusion list was made more than	822
ten years prior to the time of the application, or the applicant	823
provided material assistance during the ten years prior to the	824
application and the date of the review, but at the time of the	825
assistance, the organization was either not on the list or was not	826
involved in any activity or conduct that would have merited	827
inclusion on the list had it existed at the time, or at the time	828
of the assistance it was not reasonable to know of the	829
organization's activities that would have merited its inclusion on	830
the list.	831

(2) That the applicant is unlikely in the future to provide	832
material assistance to any organization on the terrorist exclusion	833
list;	834

(3) That the applicant does not pose a risk to the residents	835
of this state.	836

(E) The failure of an applicant for a license to complete and	837
attach a declaration of material assistance/nonassistance as this	838
section requires, the failure to disclose material assistance to	839
an organization on the terrorist exclusion list, or the making of	840
false statements regarding material assistance to an organization	841
the applicant knew or should have known was on the terrorist	842
exclusion list, shall result in the denial of the application and	843
in the revocation of the license.	844

(F) The failure of an applicant for a license to disclose, as	845
this section requires, the provision of material assistance to an	846
organization on the terrorist exclusion list or knowingly making	847
false statements regarding material assistance to an organization	848
on that list is a felony of the fifth degree.	849

(G) An issuing agency shall notify the department of public	850
safety if it denies an application for a license or the renewal of	851
a license because the applicant disclosed the provision of	852
material assistance to an organization listed on the terrorist	853
exclusion list.	854

(H) An agency may revoke a license issued to any person who,	855
after providing a declaration of material assistance/nonassistance	856
pursuant to this section, takes an action that would result in	857
"yes" being the correct answer to any question on the declaration,	858
had the declaration been readministered after taking that action.	859
The agency shall conduct a hearing pursuant to Chapter 119. of the	860
Revised Code prior to revoking any license pursuant to this	861
division.	862

Sec. 2909.33. (A)(1) The director of public safety shall	863
prepare a document to serve as a declaration of material	864
assistance/nonassistance for the state, any instrumentality of the	865
state, and any political subdivision of the state to use to	866
determine whether any person, company, affiliated group, or	867
organization, or person who holds, owns, or otherwise has a	868
controlling interest in a company, affiliated group, or	869
organization, has provided material assistance to an organization	870
listed on the United States department of state terrorist	871
exclusion list. The declaration shall be substantially in the same	872
format and of the same content as set forth in division (A)(2)(b)	873
of section 2909.32 of the Revised Code.	874

(2) The director shall make the declaration of material	875
assistance/nonassistance available to the state, instrumentalities	876
of the state, and political subdivisions of the state, along with	877
a then-current copy of the terrorist exclusion list. The director	878
may adopt rules that govern the preparation of the declaration and	879
the distribution of the declaration and terrorist exclusion list.	880

(3)(a) Any state agency, instrumentality, or political	881
subdivision of the state, for purposes of business it conducts and	882
funding it provides, may adopt a procedure under which it	883
precertifies any person, company, affiliated group, or	884
organization as not providing material assistance to an	885
organization on the terrorist exclusion list. The precertification	886
this division describes shall be granted to any person, company,	887
affiliated group, or organization that submits a completed copy of	888
the declaration prepared pursuant to this section, with an answer	889
of "no" to all questions. A precertification pursuant to this	890
division is effective for one year.	891

(b) Any person, company, affiliated group, or organization	892
that is precertified pursuant to this division and that takes any	893
action or learns of anything that would result in an answer of	894
"yes" to any question on the declaration of material	895
assistance/nonassistance this division requires, shall cease to	896
represent that it is precertified and, within thirty days of	897
taking that action or learning the new information, shall notify	898
every state agency, instrumentality, or political subdivision with	899
which it is precertified to request the precertification be	900
rescinded.	901

(c) When applying for a contract, falsely representing	902
precertification, or representing precertification when that	903
precertification has been rescinded or should have been rescinded	904
pursuant to this division, is a felony of the fifth degree.	905

(B) Any person who is provided a declaration of material	906
assistance/nonassistance pursuant to this section shall complete	907
that declaration. Any answer of "yes" to any question, or the	908
failure to answer "no" to any question, on the declaration shall	909
serve for purposes of this section as a disclosure of the	910
provision of material assistance to an organization that is listed	911
on the terrorist exclusion list.	912

(C) Prior to entering into a contract to conduct business or	913
receive funding, any person, company, affiliated group, or	914
organization, and any person who holds, owns, or otherwise has a	915
controlling interest in a company, affiliated group, or	916
organization that conducts any business with or receives funding	917
in an aggregate amount greater than one hundred thousand dollars	918
annually from the state, any instrumentality of the state, and any	919
political subdivision of the state, excluding the amount of any	920
personal benefit, shall certify that it does not provide material	921
assistance to any organization on the United States department of	922
state terrorist exclusion list. The certification shall be made by	923
completing the declaration of material assistance/nonassistance	924
described in division (A) of this section.	925

(D)(1) The state, an instrumentality of the state, or a	926
political subdivision of the state shall conduct no business with	927
or provide any funding to any person, company, affiliated group or	928
organization, or any person who has a controlling interest in a	929
company, affiliated group, or organization unless that person,	930
company, affiliated group, or organization is certified as	931
division (C) of this section requires. The state, instrumentality,	932
or subdivision shall provide the declaration prepared pursuant to	933
division (A) of this section, along with a then-current copy of	934
the terrorist exclusion list, to any person, company, affiliated	935
group, or organization that is not precertified and for which	936
certification is required. If a contract is entered into pursuant	937
to competitive bidding or another competitive process, the state,	938
instrumentality, or subdivision need provide the declaration and	939
list only to the person selected and only if that person is not	940
precertified.	941

(2) No person, company, affiliated group or organization, or	942
any person who holds, owns, or otherwise has a controlling	943
interest in a company, affiliated group, or organization shall	944
enter into a contract to conduct business with or receive funding	945
from the state, an instrumentality of the state, or a political	946
subdivision of the state unless it is certified as division (C) of	947
this section requires.	948

(E) The department of public safety shall review, within	949
thirty days of a request from any person, company, affiliated	950
group, or organization that disclosed the provision of material	951
assistance to an organization listed on the terrorist exclusion	952
list, whether the prohibitions against doing business or receiving	953
funding set forth in divisions (D)(1) and (D)(2) of this section	954
should apply. The department shall order that the prohibitions do	955
not apply if it determines all of the following pursuant to	956
guidelines the director adopts by rule:	957

(1) That the provision of material assistance to an	958
organization on the terrorist exclusion list was made more than	959
ten years prior to the time the declaration of material	960
assistance/nonassistance was filled out, or the material	961
assistance was provided during the ten years prior to the	962
application and the date of the review, but at the time of the	963
assistance, the organization was either not on the list or would	964
not have merited inclusion had it existed at the time, or at the	965
time of the assistance it was not reasonable to know of the	966
organization's activities that would have merited its inclusion on	967
the list.	968

(2) That it is unlikely in the future that the person,	969
company, affiliated group, or organization will provide material	970
assistance to any organization on the terrorist exclusion list;	971

(3) The person, company, affiliated group, or organization	972
does not pose a risk to the residents of this state.	973

(F) Any person, company, affiliated group, or organization	974
that had not provided material assistance at the time a	975
declaration of material assistance/nonassistance was answered, but	976
starts providing material assistance to an organization on the	977
terrorist exclusion list during the course of doing business with	978
or receiving funding from the state, an instrumentality of the	979
state, or a subdivision of the state, is prohibited from entering	980
into additional contracts to do business with or receive funding	981
from the state, any instrumentality, or any subdivision for a	982
period of ten years after the provision of material assistance is	983
discovered.	984

(G) Any person, company, affiliated group, or organization	985
that knowingly provides a false certification pursuant to this	986
section is permanently banned from conducting business with or	987
receiving funding from the state, an instrumentality of the state,	988
or a political subdivision of the state and is guilty of a felony	989
of the fifth degree.	990

(H) This section does not apply to the following types of	991
transactions:	992

(1) An investment in a company that is publicly traded in any	993
United States market;	994

(2) An investment that is traded on a foreign market where	995
United States investors regularly make investments;	996

(3) An investment that is made through an agent or investment	997
manager who has a fiduciary responsibility to the investor;	998

(4) An investment in public agency debt;

999

(5) An investment in derivatives that are regulated by a	1000
government agency.	1001

(I) As used in this section, "personal benefit" means all of	1002
the following:	1003

(1) Pensions and disability and survivor benefits;

1004

(2) Money, goods, services, or other things of value provided	1005
by the United States, the state, or a political subdivision of the	1006
state to which the recipient is entitled by reason of age, medical	1007
condition, or a financial need that is established pursuant to an	1008
act of congress or the general assembly;	1009

(3) Salary or compensation a person receives as an employee	1010
of the state or a political subdivision of the state.	1011

Sec. 2909.34.  (A)(1) The director of public safety shall	1012
prepare a document to serve as a declaration of material	1013
assistance/nonassistance for the state, instrumentalities of the	1014
state, and political subdivisions of the state to use to determine	1015
whether any person who is under final consideration for employment	1016
has provided material assistance to an organization listed on the	1017
United States department of state terrorist exclusion list. The	1018
declaration shall be substantially in the same format and of the	1019
same content as set forth in division (A)(2)(b) of section 2909.32	1020
of the Revised Code.	1021

(2) The director shall make the declaration of material	1022
assistance/nonassistance available to the state, instrumentalities	1023
of the state, and political subdivisions of the state, along with	1024
a then-current copy of the terrorist exclusion list. The director	1025
may adopt rules that govern the preparation and distribution of	1026
the declaration and the terrorist exclusion list.	1027

(3) The director may adopt rules that establish categories of	1028
employment that are exempt from the disclosure requirements of	1029
this section.	1030

(B) Any person under final consideration for employment who	1031
is provided a declaration of material assistance/nonassistance	1032
pursuant to this section shall complete the declaration prior to	1033
being employed. Any answer of "yes" to any question, or the	1034
failure to answer "no" to any question, shall serve for purposes	1035
of this section as a disclosure of the provision of material	1036
assistance to an organization that is listed on the terrorist	1037
exclusion list.	1038

(C) The state, a state instrumentality, or a political	1039
subdivision of the state shall provide each person who is under	1040
final consideration for a category of employment for which this	1041
section requires disclosure with a copy of the declaration of	1042
material assistance/nonassistance and a then-current copy of the	1043
terrorist exclusion list. The state, instrumentality, or	1044
subdivision shall not employ any person who discloses the	1045
provision of material assistance to an organization that is listed	1046
on the terrorist exclusion list.	1047

(D) The department of public safety, upon the request of any	1048
person who has been denied employment under division (C) of this	1049
section, shall review the request within thirty days to determine	1050
if the denial of employment should be voided. The department shall	1051
void that denial if it determines all of the following pursuant to	1052
guidelines the director adopts by rule:	1053

(1) That the provision of material assistance to an	1054
organization on the terrorist exclusion list was made more than	1055
ten years prior to the time the declaration of material	1056
assistance/nonassistance was filled out, or the material	1057
assistance was provided during the ten years prior to the	1058
application and the date of the review, but at the time of the	1059
assistance, the organization was either not on the list or would	1060
not have merited inclusion on the list had it existed at the time,	1061
or at the time of the assistance it was not reasonable to know of	1062
the organization's activities that would have merited its	1063
inclusion on the list.	1064

(2) That it is unlikely in the future that the person will	1065
provide material assistance to any organization on the terrorist	1066
exclusion list;	1067

(3) The person does not pose a risk to the residents of the	1068
state.	1069

(E) The failure of an applicant for employment to disclose,	1070
as this section requires, the provision of material assistance to	1071
an organization on the terrorist exclusion list, or knowingly	1072
making false statements regarding material assistance to an	1073
organization on that list, is a felony of the fifth degree.	1074

(F) (1) The state, or any instrumentality or political	1075
subdivision of the state, may terminate any employee who, after	1076
providing a declaration of material assistance/nonassistance	1077
pursuant to this section, takes an action that would result in	1078
"yes" being the correct answer to any question on the declaration,	1079
had the declaration been readministered after taking that action.	1080

(2) No employer shall terminate an employee pursuant to this	1081
division unless the employer complies with one of the following	1082
hearing procedures:	1083

(a) If the employee is entitled to termination proceedings	1084
under a collective bargaining agreement, the employer shall comply	1085
with those procedures.	1086

(b) If the employee is entitled to termination proceedings	1087
pursuant to division (C) of section 124.34 of the Revised Code,	1088
the employer shall comply with those procedures.	1089

(c) If the employee does not qualify for the termination	1090
proceedings described in division (F)(2)(a) or (b) of this	1091
section, the employer shall comply with the procedures set forth	1092
in division (B) of section 124.34 of the Revised Code.	1093

Sec. 2921.29.  (A) No person who is in a public place shall	1094
refuse to disclose the person's name, address, or date of birth,	1095
when requested by a law enforcement officer who reasonably	1096
suspects either of the following:	1097

(1) The person is committing, has committed, or is about to	1098
commit a criminal offense.	1099

(2) The person witnessed any of the following:

1100

(a) An offense of violence that would constitute a felony	1101
under the laws of this state;	1102

(b) A felony offense that causes or results in, or creates a	1103
substantial risk of, serious physical harm to another person or to	1104
property;	1105

(c) Any attempt or conspiracy to commit, or complicity in	1106
committing, any offense identified in division (A)(2)(a) or (b) of	1107
this section;	1108

(d) Any conduct reasonably indicating that any offense	1109
identified in division (A)(2)(a) or (b) of this section or any	1110
attempt, conspiracy, or complicity described in division (A)(2)(c)	1111
of this section has been, is being, or is about to be committed.	1112

(B) Whoever violates this section is guilty of failure to	1113
disclose one's personal information, a misdemeanor of the fourth	1114
degree.	1115

(C) Nothing in this section requires a person to answer any	1116
questions beyond that person's name, address, or date of birth.	1117
Nothing in this section authorizes a law enforcement officer to	1118
arrest a person for not providing any information beyond that	1119
person's name, address, or date of birth or for refusing to	1120
describe the offense observed.	1121

(D) It is not a violation of this section to refuse to answer	1122
a question that would reveal a person's age or date of birth if	1123
age is an element of the crime that the person is suspected of	1124
committing.	1125

Sec. 2923.31.  As used in sections 2923.31 to 2923.36 of the	1126
Revised Code:	1127

(A) "Beneficial interest" means any of the following:

1128

(1) The interest of a person as a beneficiary under a trust	1129
in which the trustee holds title to personal or real property;	1130

(2) The interest of a person as a beneficiary under any other	1131
trust arrangement under which any other person holds title to	1132
personal or real property for the benefit of such person;	1133

(3) The interest of a person under any other form of express	1134
fiduciary arrangement under which any other person holds title to	1135
personal or real property for the benefit of such person.	1136

"Beneficial interest" does not include the interest of a	1137
stockholder in a corporation or the interest of a partner in	1138
either a general or limited partnership.	1139

(B) "Costs of investigation and prosecution" and "costs of	1140
investigation and litigation" mean all of the costs incurred by	1141
the state or a county or municipal corporation under sections	1142
2923.31 to 2923.36 of the Revised Code in the prosecution and	1143
investigation of any criminal action or in the litigation and	1144
investigation of any civil action, and includes, but is not	1145
limited to, the costs of resources and personnel.	1146

(C) "Enterprise" includes any individual, sole	1147
proprietorship, partnership, limited partnership, corporation,	1148
trust, union, government agency, or other legal entity, or any	1149
organization, association, or group of persons associated in fact	1150
although not a legal entity. "Enterprise" includes illicit as well	1151
as licit enterprises.	1152

(D) "Innocent person" includes any bona fide purchaser of	1153
property that is allegedly involved in a violation of section	1154
2923.32 of the Revised Code, including any person who establishes	1155
a valid claim to or interest in the property in accordance with	1156
division (E) of section 2923.32 of the Revised Code, and any	1157
victim of an alleged violation of that section or of any	1158
underlying offense involved in an alleged violation of that	1159
section.	1160

(E) "Pattern of corrupt activity" means two or more incidents	1161
of corrupt activity, whether or not there has been a prior	1162
conviction, that are related to the affairs of the same	1163
enterprise, are not isolated, and are not so closely related to	1164
each other and connected in time and place that they constitute a	1165
single event.	1166

At least one of the incidents forming the pattern shall occur	1167
on or after January 1, 1986. Unless any incident was an aggravated	1168
murder or murder, the last of the incidents forming the pattern	1169
shall occur within six years after the commission of any prior	1170
incident forming the pattern, excluding any period of imprisonment	1171
served by any person engaging in the corrupt activity.	1172

For the purposes of the criminal penalties that may be	1173
imposed pursuant to section 2923.32 of the Revised Code, at least	1174
one of the incidents forming the pattern shall constitute a felony	1175
under the laws of this state in existence at the time it was	1176
committed or, if committed in violation of the laws of the United	1177
States or of any other state, shall constitute a felony under the	1178
law of the United States or the other state and would be a	1179
criminal offense under the law of this state if committed in this	1180
state.	1181

(F) "Pecuniary value" means money, a negotiable instrument, a	1182
commercial interest, or anything of value, as defined in section	1183
1.03 of the Revised Code, or any other property or service that	1184
has a value in excess of one hundred dollars.	1185

(G) "Person" means any person, as defined in section 1.59 of	1186
the Revised Code, and any governmental officer, employee, or	1187
entity.	1188

(H) "Personal property" means any personal property, any	1189
interest in personal property, or any right, including, but not	1190
limited to, bank accounts, debts, corporate stocks, patents, or	1191
copyrights. Personal property and any beneficial interest in	1192
personal property are deemed to be located where the trustee of	1193
the property, the personal property, or the instrument evidencing	1194
the right is located.	1195

(I) "Corrupt activity" means engaging in, attempting to	1196
engage in, conspiring to engage in, or soliciting, coercing, or	1197
intimidating another person to engage in any of the following:	1198

(1) Conduct defined as "racketeering activity" under the	1199
"Organized Crime Control Act of 1970," 84 Stat. 941, 18 U.S.C.	1200
1961(1)(B), (1)(C), (1)(D), and (1)(E), as amended;	1201

(2) Conduct constituting any of the following:

1202

(a) A violation of section 1315.55, 1322.02, 2903.01,	1203
2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02,	1204
2905.11, 2905.22, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03,	1205
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29,	1206
2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.31, 2913.05,	1207
2913.06, 2921.02, 2921.03, 2921.04, 2921.11, 2921.12, 2921.32,	1208
2921.41, 2921.42, 2921.43, 2923.12, or 2923.17; division	1209
(F)(1)(a), (b), or (c) of section 1315.53; division (A)(1) or (2)	1210
of section 1707.042; division (B), (C)(4), (D), (E), or (F) of	1211
section 1707.44; division (A)(1) or (2) of section 2923.20;	1212
division (J)(1) of section 4712.02; section 4719.02, 4719.05, or	1213
4719.06; division (C), (D), or (E) of section 4719.07; section	1214
4719.08; or division (A) of section 4719.09 of the Revised Code.	1215

(b) Any violation of section 3769.11, 3769.15, 3769.16, or	1216
3769.19 of the Revised Code as it existed prior to July 1, 1996,	1217
any violation of section 2915.02 of the Revised Code that occurs	1218
on or after July 1, 1996, and that, had it occurred prior to that	1219
date, would have been a violation of section 3769.11 of the	1220
Revised Code as it existed prior to that date, or any violation of	1221
section 2915.05 of the Revised Code that occurs on or after July	1222
1, 1996, and that, had it occurred prior to that date, would have	1223
been a violation of section 3769.15, 3769.16, or 3769.19 of the	1224
Revised Code as it existed prior to that date.	1225

(c) Any violation of section 2907.21, 2907.22, 2907.31,	1226
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42,	1227
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37	1228
of the Revised Code, any violation of section 2925.11 of the	1229
Revised Code that is a felony of the first, second, third, or	1230
fourth degree and that occurs on or after July 1, 1996, any	1231
violation of section 2915.02 of the Revised Code that occurred	1232
prior to July 1, 1996, any violation of section 2915.02 of the	1233
Revised Code that occurs on or after July 1, 1996, and that, had	1234
it occurred prior to that date, would not have been a violation of	1235
section 3769.11 of the Revised Code as it existed prior to that	1236
date, any violation of section 2915.06 of the Revised Code as it	1237
existed prior to July 1, 1996, or any violation of division (B) of	1238
section 2915.05 of the Revised Code as it exists on and after July	1239
1, 1996, when the proceeds of the violation, the payments made in	1240
the violation, the amount of a claim for payment or for any other	1241
benefit that is false or deceptive and that is involved in the	1242
violation, or the value of the contraband or other property	1243
illegally possessed, sold, or purchased in the violation exceeds	1244
five hundred dollars, or any combination of violations described	1245
in division (I)(2)(c) of this section when the total proceeds of	1246
the combination of violations, payments made in the combination of	1247
violations, amount of the claims for payment or for other benefits	1248
that is false or deceptive and that is involved in the combination	1249
of violations, or value of the contraband or other property	1250
illegally possessed, sold, or purchased in the combination of	1251
violations exceeds five hundred dollars;	1252

(d) Any violation of section 5743.112 of the Revised Code	1253
when the amount of unpaid tax exceeds one hundred dollars;	1254

(e) Any violation or combination of violations of section	1255
2907.32 of the Revised Code involving any material or performance	1256
containing a display of bestiality or of sexual conduct, as	1257
defined in section 2907.01 of the Revised Code, that is explicit	1258
and depicted with clearly visible penetration of the genitals or	1259
clearly visible penetration by the penis of any orifice when the	1260
total proceeds of the violation or combination of violations, the	1261
payments made in the violation or combination of violations, or	1262
the value of the contraband or other property illegally possessed,	1263
sold, or purchased in the violation or combination of violations	1264
exceeds five hundred dollars;	1265

(f) Any combination of violations described in division	1266
(I)(2)(c) of this section and violations of section 2907.32 of the	1267
Revised Code involving any material or performance containing a	1268
display of bestiality or of sexual conduct, as defined in section	1269
2907.01 of the Revised Code, that is explicit and depicted with	1270
clearly visible penetration of the genitals or clearly visible	1271
penetration by the penis of any orifice when the total proceeds of	1272
the combination of violations, payments made in the combination of	1273
violations, amount of the claims for payment or for other benefits	1274
that is false or deceptive and that is involved in the combination	1275
of violations, or value of the contraband or other property	1276
illegally possessed, sold, or purchased in the combination of	1277
violations exceeds five hundred dollars.	1278

(3) Conduct constituting a violation of any law of any state	1279
other than this state that is substantially similar to the conduct	1280
described in division (I)(2) of this section, provided the	1281
defendant was convicted of the conduct in a criminal proceeding in	1282
the other state;	1283

(4) Animal or ecological terrorism.

1284

(J) "Real property" means any real property or any interest	1285
in real property, including, but not limited to, any lease of, or	1286
mortgage upon, real property. Real property and any beneficial	1287
interest in it is deemed to be located where the real property is	1288
located.	1289

(K) "Trustee" means any of the following:

1290

(1) Any person acting as trustee under a trust in which the	1291
trustee holds title to personal or real property;	1292

(2) Any person who holds title to personal or real property	1293
for which any other person has a beneficial interest;	1294

(3) Any successor trustee.

1295

"Trustee" does not include an assignee or trustee for an	1296
insolvent debtor or an executor, administrator, administrator with	1297
the will annexed, testamentary trustee, guardian, or committee,	1298
appointed by, under the control of, or accountable to a court.	1299

(L) "Unlawful debt" means any money or other thing of value	1300
constituting principal or interest of a debt that is legally	1301
unenforceable in this state in whole or in part because the debt	1302
was incurred or contracted in violation of any federal or state	1303
law relating to the business of gambling activity or relating to	1304
the business of lending money at an usurious rate unless the	1305
creditor proves, by a preponderance of the evidence, that the	1306
usurious rate was not intentionally set and that it resulted from	1307
a good faith error by the creditor, notwithstanding the	1308
maintenance of procedures that were adopted by the creditor to	1309
avoid an error of that nature.	1310

(M) "Animal activity" means any activity that involves the	1311
use of animals or animal parts, including, but not limited to,	1312
hunting, fishing, trapping, traveling, camping, the production,	1313
preparation, or processing of food or food products, clothing or	1314
garment manufacturing, medical research, other research,	1315
entertainment, recreation, agriculture, biotechnology, or service	1316
activity that involves the use of animals or animal parts.	1317

(N) "Animal facility" means a vehicle, building, structure,	1318
nature preserve, or other premises in which an animal is lawfully	1319
kept, handled, housed, exhibited, bred, or offered for sale,	1320
including, but not limited to, a zoo, rodeo, circus, amusement	1321
park, hunting preserve, or premises in which a horse or dog event	1322
is held.	1323

(O) "Animal or ecological terrorism" means the commission of	1324
any felony that involves causing or creating a substantial risk of	1325
physical harm to any property of another, the use of a deadly	1326
weapon or dangerous ordnance, or purposely, knowingly, or	1327
recklessly causing serious physical harm to property and that	1328
involves an intent to obstruct, impede, or deter any person from	1329
participating in a lawful animal activity, from mining, foresting,	1330
harvesting, gathering, or processing natural resources, or from	1331
being lawfully present in or on an animal facility or research	1332
facility.	1333

(P) "Research facility" means a place, laboratory,	1334
institution, medical care facility, government facility, or public	1335
or private educational institution in which a scientific test,	1336
experiment, or investigation involving the use of animals or other	1337
living organisms is lawfully carried out, conducted, or attempted.	1338

Sec. 2933.51.  As used in sections 2933.51 to 2933.66 of the	1339
Revised Code:	1340

(A) "Wire communication" means an aural transfer that is made	1341
in whole or in part through the use of facilities for the	1342
transmission of communications by the aid of wires or similar	1343
methods of connecting the point of origin of the communication and	1344
the point of reception of the communication, including the use of	1345
a method of connecting the point of origin and the point of	1346
reception of the communication in a switching station, if the	1347
facilities are furnished or operated by a person engaged in	1348
providing or operating the facilities for the transmission of	1349
communications. "Wire communication" includes an electronic	1350
storage of a wire communication.	1351

(B) "Oral communication" means an oral communication uttered	1352
by a person exhibiting an expectation that the communication is	1353
not subject to interception under circumstances justifying that	1354
expectation. "Oral communication" does not include an electronic	1355
communication.	1356

(C) "Intercept" means the aural or other acquisition of the	1357
contents of any wire, oral, or electronic communication through	1358
the use of an interception device.	1359

(D) "Interception device" means an electronic, mechanical, or	1360
other device or apparatus that can be used to intercept a wire,	1361
oral, or electronic communication. "Interception device" does not	1362
mean any of the following:	1363

(1) A telephone or telegraph instrument, equipment, or	1364
facility, or any of its components, if the instrument, equipment,	1365
facility, or component is any of the following:	1366

(a) Furnished to the subscriber or user by a provider of wire	1367
or electronic communication service in the ordinary course of its	1368
business and being used by the subscriber or user in the ordinary	1369
course of its business;	1370

(b) Furnished by a subscriber or user for connection to the	1371
facilities of a provider of wire or electronic communication	1372
service and used in the ordinary course of that subscriber's or	1373
user's business;	1374

(c) Being used by a provider of wire or electronic	1375
communication service in the ordinary course of its business or by	1376
an investigative or law enforcement officer in the ordinary course	1377
of the officer's duties that do not involve the interception of	1378
wire, oral, or electronic communications.	1379

(2) A hearing aid or similar device being used to correct	1380
subnormal hearing to not better than normal.	1381

(E) "Investigative officer" means any of the following:

1382

(1) An officer of this state or a political subdivision of	1383
this state, who is empowered by law to conduct investigations or	1384
to make arrests for a designated offense;	1385

(2) A person described in divisions (A)(11)(a) and (b) of	1386
section 2901.01 of the Revised Code;	1387

(3) An attorney authorized by law to prosecute or participate	1388
in the prosecution of a designated offense;	1389

(4) A secret service officer appointed pursuant to section	1390
309.07 of the Revised Code;	1391

(5) An officer of the United States, a state, or a political	1392
subdivision of a state who is authorized to conduct investigations	1393
pursuant to the "Electronic Communications Privacy Act of 1986,"	1394
100 Stat. 1848-1857, 18 U.S.C. 2510-2521 (1986), as amended.	1395

(F) "Interception warrant" means a court order that	1396
authorizes the interception of wire, oral, or electronic	1397
communications and that is issued pursuant to sections 2933.53 to	1398
2933.56 of the Revised Code.	1399

(G) "Contents," when used with respect to a wire, oral, or	1400
electronic communication, includes any information concerning the	1401
substance, purport, or meaning of the communication.	1402

(H) "Communications common carrier" means a person who is	1403
engaged as a common carrier for hire in intrastate, interstate, or	1404
foreign communications by wire, radio, or radio transmission of	1405
energy. "Communications common carrier" does not include, to the	1406
extent that the person is engaged in radio broadcasting, a person	1407
engaged in radio broadcasting.	1408

(I) "Designated offense" means any of the following:

1409

(1) A felony violation of section 1315.53, 1315.55, 2903.01,	1410
2903.02, 2903.11, 2905.01, 2905.02, 2905.11, 2905.22, 2907.02,	1411
2907.21, 2907.22, 2909.02, 2909.03, 2909.04, 2909.22, 2909.23,	1412
2909.24, 2909.26, 2909.27, 2909.28, 2909.29, 2911.01, 2911.02,	1413
2911.11, 2911.12, 2913.02, 2913.04, 2913.42, 2913.51, 2915.02,	1414
2915.03, 2917.01, 2917.02, 2921.02, 2921.03, 2921.04, 2921.32,	1415
2921.34, 2923.20, 2923.32, 2925.03, 2925.04, 2925.05, or 2925.06	1416
or of division (B) of section 2915.05 of the Revised Code;	1417

(2) A violation of section 2919.23 of the Revised Code that,	1418
had it occurred prior to July 1, 1996, would have been a violation	1419
of section 2905.04 of the Revised Code as it existed prior to that	1420
date;	1421

(3) A felony violation of section 2925.11 of the Revised Code	1422
that is not a minor drug possession offense, as defined in section	1423
2925.01 of the Revised Code;	1424

(4) Complicity in the commission of a felony violation of a	1425
section listed in division (I)(1), (2), or (3) of this section;	1426

(5) An attempt to commit, or conspiracy in the commission of,	1427
a felony violation of a section listed in division (I)(1), (2), or	1428
(3) of this section, if the attempt or conspiracy is punishable by	1429
a term of imprisonment of more than one year.	1430

(J) "Aggrieved person" means a person who was a party to an	1431
intercepted wire, oral, or electronic communication or a person	1432
against whom the interception of the communication was directed.	1433

(K) "Person" means a person, as defined in section 1.59 of	1434
the Revised Code, or a governmental officer, employee, or entity.	1435

(L) "Special need" means a showing that a licensed physician,	1436
licensed practicing psychologist, attorney, practicing cleric,	1437
journalist, or either spouse is personally engaging in continuing	1438
criminal activity, was engaged in continuing criminal activity	1439
over a period of time, or is committing, has committed, or is	1440
about to commit, a designated offense, or a showing that specified	1441
public facilities are being regularly used by someone who is	1442
personally engaging in continuing criminal activity, was engaged	1443
in continuing criminal activity over a period of time, or is	1444
committing, has committed, or is about to commit, a designated	1445
offense.	1446

(M) "Journalist" means a person engaged in, connected with,	1447
or employed by, any news media, including a newspaper, magazine,	1448
press association, news agency, or wire service, a radio or	1449
television station, or a similar media, for the purpose of	1450
gathering, processing, transmitting, compiling, editing, or	1451
disseminating news for the general public.	1452

(N) "Electronic communication" means a transfer of a sign,	1453
signal, writing, image, sound, datum, or intelligence of any	1454
nature that is transmitted in whole or in part by a wire, radio,	1455
electromagnetic, photoelectronic, or photo-optical system.	1456
"Electronic communication" does not mean any of the following:	1457

(1) A wire or oral communication;

1458

(2) A communication made through a tone-only paging device;

1459

(3) A communication from an electronic or mechanical tracking	1460
device that permits the tracking of the movement of a person or	1461
object.	1462

(O) "User" means a person or entity that uses an electronic	1463
communication service and is duly authorized by the provider of	1464
the service to engage in the use of the electronic communication	1465
service.	1466

(P) "Electronic communications system" means a wire, radio,	1467
electromagnetic, photoelectronic, or photo-optical facility for	1468
the transmission of electronic communications, and a computer	1469
facility or related electronic equipment for the electronic	1470
storage of electronic communications.	1471

(Q) "Electronic communication service" means a service that	1472
provides to users of the service the ability to send or receive	1473
wire or electronic communications.	1474

(R) "Readily accessible to the general public" means, with	1475
respect to a radio communication, that the communication is none	1476
of the following:	1477

(1) Scrambled or encrypted;

1478

(2) Transmitted using a modulation technique, the essential	1479
parameters of which have been withheld from the public with the	1480
intention of preserving the privacy of the communication;	1481

(3) Carried on a subcarrier or other signal subsidiary to a	1482
radio transmission;	1483

(4) Transmitted over a communications system provided by a	1484
communications common carrier, unless the communication is a	1485
tone-only paging system communication;	1486

(5) Transmitted on a frequency allocated under part 25,	1487
subpart D, E, or F of part 74, or part 94 of the Rules of the	1488
Federal Communications Commission, as those provisions existed on	1489
July 1, 1996, unless, in the case of a communication transmitted	1490
on a frequency allocated under part 74 that is not exclusively	1491
allocated to broadcast auxiliary services, the communication is a	1492
two-way voice communication by radio.	1493

(S) "Electronic storage" means a temporary, intermediate	1494
storage of a wire or electronic communication that is incidental	1495
to the electronic transmission of the communication, and a storage	1496
of a wire or electronic communication by an electronic	1497
communication service for the purpose of backup protection of the	1498
communication.	1499

(T) "Aural transfer" means a transfer containing the human	1500
voice at a point between and including the point of origin and the	1501
point of reception.	1502

(U) "Pen register" means a device that records or decodes	1503
electronic impulses that identify the numbers dialed, pulsed, or	1504
otherwise transmitted on telephone lines to which the device is	1505
attached.	1506

(V) "Trap and trace device" means a device that captures the	1507
incoming electronic or other impulses that identify the	1508
originating number of an instrument or device from which a wire	1509
communication or electronic communication was transmitted but that	1510
does not intercept the contents of the wire communication or	1511
electronic communication.	1512

(W) "Judge of a court of common pleas" means a judge of that	1513
court who is elected or appointed as a judge of general	1514
jurisdiction or as a judge who exercises both general jurisdiction	1515
and probate, domestic relations, or juvenile jurisdiction. "Judge	1516
of a court of common pleas" does not mean a judge of that court	1517
who is elected or appointed specifically as a probate, domestic	1518
relations, or juvenile judge.	1519

Sec. 2935.033. (A) Any peace officer may render assistance to	1520
any federal law enforcement officer who has arrest authority under	1521
the "Uniting and Strengthening America by Providing Appropriate	1522
Tools Required to Intercept and Obstruct Terrorism (USA Patriot	1523
Act) Act of 2001," Pub. L. No. 107-056, 115 Stat. 272, as amended,	1524
if both of the following apply:	1525

(1) There is a threat of imminent physical danger to the	1526
federal law enforcement officer, a threat of physical harm to	1527
another person, or any other serious emergency situation present.	1528

(2) Either the federal law enforcement officer requests	1529
emergency assistance or it appears that the federal law	1530
enforcement officer is unable to request assistance, and the	1531
circumstances reasonably indicate that assistance is appropriate.	1532

(B) "Federal law enforcement officer" has the same meaning as	1533
in section 9.88 of the Revised Code.	1534

Sec. 3701.04.  (A) The director of health shall:

1535

(1) Require reports and make inspections and investigations	1536
that the director considers necessary;	1537

(2) Provide administration, appoint personnel, make reports,	1538
and take other action as necessary to comply with the requirements	1539
of the "Construction and Modernization of Hospitals and Other	1540
Medical Facilities Act," Title VI of the "Public Health Service	1541
Act," 60 Stat. 1041 (1946), 42 U.S.C. 291, as amended, and the	1542
regulations adopted under that act;	1543

(3) Procure by contract the temporary or intermittent	1544
services of experts, consultants, or organizations when those	1545
services are to be performed on a part-time or fee-for-service	1546
basis and do not involve the performance of administrative duties;	1547

(4) Enter into agreements for the utilization of the	1548
facilities and services of other departments, agencies, and	1549
institutions, public or private;	1550

(5) On behalf of the state, solicit, accept, hold,	1551
administer, and deposit in the state treasury to the credit of the	1552
general operations fund created in section 3701.83 of the Revised	1553
Code, any grant, gift, devise, bequest, or contribution made to	1554
assist in meeting the cost of carrying out the director's	1555
responsibilities and expend the grant, gift, devise, bequest, or	1556
contribution for the purpose for which made. Fees collected by the	1557
director in connection with meetings and conferences shall also be	1558
credited to the fund and expended for the purposes for which paid.	1559

(6) Make an annual report to the governor on activities and	1560
expenditures, including recommendations for such additional	1561
legislation as the director considers appropriate to furnish	1562
adequate hospital, clinic, and similar facilities to the people of	1563
this state.	1564

(7) Establish a system for recruiting, registering, training,	1565
and deploying volunteers the director determines are advisable and	1566
reasonably necessary to respond to an emergency involving the	1567
public's health.	1568

(B) The director of health may enter into agreements to sell	1569
services offered by the department of health to boards of health	1570
of city and general health districts and to other departments,	1571
agencies, and institutions of this state, other states, or the	1572
United States. Fees collected by the director for the sale of	1573
services shall be deposited into the state treasury to the credit	1574
of the general operations fund created in section 3701.83 of the	1575
Revised Code.	1576

Sec. 3750.22.  (A)(1) The owner or operator of a facility	1577
where chemicals are produced, or the owner or operator of any	1578
other facility or business of any type, may provide a copy of any	1579
vulnerability assessment of the facility or business or of any	1580
other security-sensitive information developed regarding the	1581
facility or business to any of the following:	1582

(a) The local emergency planning committee of the emergency	1583
planning district in which the facility or business is located;	1584

(b) The fire department with jurisdiction over the facility	1585
or business;	1586

(c) The sheriff of the county in which the facility or	1587
business is located;	1588

(d) The chief of police of any municipal corporation with	1589
jurisdiction over the facility or business;	1590

(e) Any state agency involved in the development of plans to	1591
protect businesses of any type against terrorist attack including	1592
the Ohio department of public safety, the Ohio highway patrol, the	1593
office of homeland security, and the emergency management agency.	1594

(2) A local emergency planning committee, fire department,	1595
sheriff, or chief of police, or other public office that receives	1596
a vulnerability assessment or other security-sensitive information	1597
pursuant to division (A)(1) of this section may provide a copy of	1598
that assessment or information to any local emergency planning	1599
committee, fire department, sheriff, or chief of police, or other	1600
public office described in division (A)(1) of this section but	1601
shall not share that vulnerability assessment or	1602
security-sensitive information with any other public or private	1603
office unless required to do so by federal or state law.	1604

(B)(1) Any vulnerability assessment or other	1605
security-sensitive information a public office receives pursuant	1606
to division (A) of this section is not a public record under	1607
section 149.43 of the Revised Code and that assessment or	1608
information is not subject to the mandatory disclosure	1609
requirements of section 149.43 of the Revised Code.	1610

(2) This section shall not be construed to exempt any owner	1611
or operator of a facility where chemicals are produced or the	1612
owner or operator of any other facility or business of any type	1613
from providing information contained in a vulnerability assessment	1614
or other security-sensitive information to the public when the	1615
provision of that information otherwise is required by federal or	1616
state law.	1617

Sec. 4505.02.  The registrar of motor vehicles shall issue	1618
rules as the registrar determines necessary to ensure uniform and	1619
orderly operation of this chapter, and theand to ensure that the	1620
identification of each applicant for a certificate of title is	1621
reasonably accurate. The clerks of the courts of common pleas	1622
shall conform thereto. The clerks shall provide the forms as	1623
prescribed by the registrar, except the manufacturers' or	1624
importers' certificates. The clerks shall provide, from moneys in	1625
the automated title processing fund, certificates of title. All	1626
other automated title processing system supplies shall be provided	1627
by the clerks.	1628

If it appears that any certificate of title has been	1629
improperly issued, the registrar shall cancel the certificate.	1630
Upon the cancellation of any certificate of title, the registrar	1631
shall notify the clerk who issued it, and the clerk thereupon	1632
shall enter the cancellation upon the clerk's records. The	1633
registrar also shall notify the person to whom such certificate of	1634
title was issued, as well as any lienholders appearing thereon, of	1635
the cancellation and shall demand the surrender of the certificate	1636
of title immediately, but the cancellation shall not affect the	1637
validity of any lien noted thereon. The holder of such certificate	1638
of title immediately shall return it to the registrar. If a	1639
certificate of registration has been issued to the holder of a	1640
certificate of title so canceled the registrar immediately shall	1641
cancel it and demand the return of such certificate of	1642
registration and license plates, and the holder of such	1643
certificate of registration and license plates shall return the	1644
same to the registrar forthwith. The clerks shall keep on hand a	1645
sufficient supply of blank forms, which, except for certificate of	1646
title and memorandum certificate forms, shall be furnished and	1647
distributed without charge to registered manufacturers or dealers,	1648
or other persons residing within the county.	1649

Sec. 4507.08.  (A) No probationary license shall be issued to	1650
any person under the age of eighteen who has been adjudicated an	1651
unruly or delinquent child or a juvenile traffic offender for	1652
having committed any act that if committed by an adult would be a	1653
drug abuse offense, as defined in section 2925.01 of the Revised	1654
Code, a violation of division (B) of section 2917.11, or a	1655
violation of division (A) of section 4511.19 of the Revised Code,	1656
unless the person has been required by the court to attend a drug	1657
abuse or alcohol abuse education, intervention, or treatment	1658
program specified by the court and has satisfactorily completed	1659
the program.	1660

(B) No temporary instruction permit or driver's license shall	1661
be issued to any person whose license has been suspended, during	1662
the period for which the license was suspended, nor to any person	1663
whose license has been canceled, under Chapter 4510. or any other	1664
provision of the Revised Code.	1665

(C) No temporary instruction permit or driver's license shall	1666
be issued to any person whose commercial driver's license is	1667
suspended under Chapter 4510. or any other provision of the	1668
Revised Code during the period of the suspension.	1669

No temporary instruction permit or driver's license shall be	1670
issued to any person when issuance is prohibited by division (A)	1671
of section 4507.091 of the Revised Code.	1672

(D) No temporary instruction permit or driver's license shall	1673
be issued to, or retained by, any of the following persons:	1674

(1) Any person who is an alcoholic, or is addicted to the use	1675
of controlled substances to the extent that the use constitutes an	1676
impairment to the person's ability to operate a motor vehicle with	1677
the required degree of safety;	1678

(2) Any person who is under the age of eighteen and has been	1679
adjudicated an unruly or delinquent child or a juvenile traffic	1680
offender for having committed any act that if committed by an	1681
adult would be a drug abuse offense, as defined in section 2925.01	1682
of the Revised Code, a violation of division (B) of section	1683
2917.11, or a violation of division (A) of section 4511.19 of the	1684
Revised Code, unless the person has been required by the court to	1685
attend a drug abuse or alcohol abuse education, intervention, or	1686
treatment program specified by the court and has satisfactorily	1687
completed the program;	1688

(3) Any person who, in the opinion of the registrar, is	1689
afflicted with or suffering from a physical or mental disability	1690
or disease that prevents the person from exercising reasonable and	1691
ordinary control over a motor vehicle while operating the vehicle	1692
upon the highways, except that a restricted license effective for	1693
six months may be issued to any person otherwise qualified who is	1694
or has been subject to any condition resulting in episodic	1695
impairment of consciousness or loss of muscular control and whose	1696
condition, in the opinion of the registrar, is dormant or is	1697
sufficiently under medical control that the person is capable of	1698
exercising reasonable and ordinary control over a motor vehicle. A	1699
restricted license effective for six months shall be issued to any	1700
person who otherwise is qualified and who is subject to any	1701
condition that causes episodic impairment of consciousness or a	1702
loss of muscular control if the person presents a statement from a	1703
licensed physician that the person's condition is under effective	1704
medical control and the period of time for which the control has	1705
been continuously maintained, unless, thereafter, a medical	1706
examination is ordered and, pursuant thereto, cause for denial is	1707
found.	1708

A person to whom a six-month restricted license has been	1709
issued shall give notice of the person's medical condition to the	1710
registrar on forms provided by the registrar and signed by the	1711
licensee's physician. The notice shall be sent to the registrar	1712
six months after the issuance of the license. Subsequent	1713
restricted licenses issued to the same individual shall be	1714
effective for six months.	1715

(4) Any person who is unable to understand highway warnings	1716
or traffic signs or directions given in the English language;	1717

(5) Any person making an application whose driver's license	1718
or driving privileges are under cancellation, revocation, or	1719
suspension in the jurisdiction where issued or any other	1720
jurisdiction, until the expiration of one year after the license	1721
was canceled or revoked or until the period of suspension ends.	1722
Any person whose application is denied under this division may	1723
file a petition in the municipal court or county court in whose	1724
jurisdiction the person resides agreeing to pay the cost of the	1725
proceedings and alleging that the conduct involved in the offense	1726
that resulted in suspension, cancellation, or revocation in the	1727
foreign jurisdiction would not have resulted in a suspension,	1728
cancellation, or revocation had the offense occurred in this	1729
state. If the petition is granted, the petitioner shall notify the	1730
registrar by a certified copy of the court's findings and a	1731
license shall not be denied under this division.	1732

(6) Any person who is under a class one or two suspension	1733
imposed for a violation of section 2903.04, 2903.06, or 2903.08 of	1734
the Revised Code or whose driver's or commercial driver's license	1735
or permit was permanently revoked prior to the effective date of	1736
this amendmentJanuary 1, 2004, for a substantially equivalent	1737
violation pursuant to section 4507.16 of the Revised Code;	1738

(7) Any person who is not a resident or temporary resident of	1739
this state.	1740

(E) No person whose driver's license or permit has been	1741
suspended under Chapter 4510. of the Revised Code or any other	1742
provision of the Revised Code shall have driving privileges	1743
reinstated if the registrar determines that a warrant has been	1744
issued in this state or any other state for the person's arrest	1745
and that warrant is an active warrant.	1746

Sec. 4561.17. For the purpose of providing(A) To provide	1747
revenue for paying the expenses of administering sections 4561.17	1748
to 4561.22 of the Revised Code relative to the registration of	1749
aircraft, for the surveying of and the establishment, checking,	1750
maintenance, and repair of aviation air marking and of air	1751
navigation facilities, for the acquiring, maintaining, and	1752
repairing of equipment necessary thereforfor those purposes, and	1753
for the cost of the creationcreating and distribution of	1754
distributing Ohio aeronautical charts and Ohio airport and landing	1755
field directories, an annual license tax is hereby levied upon all	1756
aircraft based in this state for which an aircraft worthiness	1757
certificate issued by the federal aviation administration is in	1758
effect except the following:	1759

(A)(1) Aircraft owned by the United States or any territory	1760
thereofof the United States;	1761

(B)(2) Aircraft owned by any foreign government;

1762

(C)(3) Aircraft owned by any state or any political	1763
subdivision thereofof a state;	1764

(D)(4) Aircraft operated under a certificate of convenience	1765
and necessity issued by the civil aeronautics board or any	1766
successor theretoto that board;	1767

(E) Aircraft owned by any nonresident of this state whether	1768
such owner is an individual, partnership, or corporation, provided	1769
such owner has complied with all the laws in regard to the	1770
licensing of aircraft in the state of his residence;	1771

(F)(5) Aircraft owned by aircraft manufacturers or aircraft	1772
engine manufacturers and operated only for purposes of testing,	1773
delivery, or demonstration;	1774

(G)(6) Aircraft operated for hire over regularly scheduled	1775
routes within the state.	1776

Such(B) The license tax this section requires shall be at	1777
the rates specified in section 4561.18 of the Revised Code, and	1778
shall be paid to and collected by the director of transportation	1779
at the time of making application as provided in suchthat	1780
section.	1781

Sec. 4561.18. (A) The owner of any aircraft that is based in	1782
this state and that is not of a type specified in divisions (A)(1)	1783
to (6) of section 4561.17 of the Revised Code, shall register that	1784
aircraft with the department of transportation pursuant to this	1785
section.	1786

(B) Applications for the licensing and registration of	1787
aircraft shall be made and signed by the owner thereof uponon	1788
forms prepared by the department of transportation andprepares.	1789
The forms shall contain a description of the aircraft, including	1790
its federal registration number, the airport or other place at	1791
which the aircraft is based, and suchany other information as is	1792
required by the department requires.	1793

Applications(C)(1) Registration forms shall be filed with	1794
the director of transportation during the month of January	1795
annually at the time the director specifies and shall be renewed	1796
according to the standard renewal procedure of sections 4745.01 to	1797
4745.03 of the Revised Code. ApplicationIf the airport or other	1798
place at which the aircraft usually is based changes, the owner	1799
shall update the registration by filing a new form with the office	1800
of aviation.	1801

(2) An application for the registration of any aircraft not	1802
previously registered in this state, if such aircraftthat is	1803
acquired or becomes subject to suchthe license tax subsequent to	1804
the last day of January in any year, shall be made for the balance	1805
of the year in which the sameaircraft is acquired, within	1806
forty-eight hoursthirty days after suchthe acquisition or after	1807
becoming subject to suchthe license tax. Each such application	1808

(D) Each registration form shall be accompanied by the proper	1809
license tax, which, for aircraft other than gliders, shall be at	1810
the annual rate of one hundred dollars per aircraft. The license	1811
tax for gliders shall be three dollars annually.	1812

Such(E) The department of transportation shall maintain all	1813
registrations filed with it under this section and shall develop a	1814
program to track and enforce the registration of aircraft based in	1815
this state.	1816

(F) The taxes this section requires are in lieu of all other	1817
taxes on or with respect to ownership of suchan aircraft.	1818

(G) The director of transportation shall impose a fine	1819
pursuant to section 4561.22 of the Revised Code for each aircraft	1820
that an owner fails to register as this section requires and shall	1821
require the owner to register the aircraft within the time the	1822
director specifies. The director may impose a separate fine for	1823
each registration period during which the owner fails to register	1824
the aircraft.	1825

Sec. 4561.22.  (A) No owner or operator of an aircraft shall	1826
violate sections 4561.17 to 4561.20 of the Revised Code.	1827

(B) Whoever violates this section shall be fined not more	1828
than onefive hundred dollars, imprisoned not more than thirty	1829
days, or bothfor each violation.	1830

Sec. 4563.30.  (A) As used in this section:

1831

(1) "Aircraft" has the same meaning as in section 4561.01 of	1832
the Revised Code.	1833

(2) "Airport" has the same meaning as in section 4561.01 of	1834
the Revised Code except that it does not include any airport	1835
operated by a multi-state authority or any airport with scheduled	1836
commercial air carrier service.	1837

(3) "Private-use airport" means an airport used exclusively	1838
by the owner of the airport and by persons the owner authorizes.	1839

(4) "Public-use airport" means an airport available for use	1840
by the general public without the prior approval of the owner or	1841
operator except as federal law or regulation require.	1842

(5) "Sensitive site" means an area that would be considered a	1843
key asset or critical infrastructure of the United States,	1844
including, but not limited to, military installations, nuclear and	1845
chemical plants, centers of government, monuments and iconic	1846
structures, and international ports.	1847

(B) Notwithstanding any provision of the Revised Code to the	1848
contrary, the department of transportation, in consultation with	1849
the department of public safety, shall adopt rules regarding the	1850
security of public-use and private-use airports. The rules shall	1851
include, but not be limited to, provisions that do the following:	1852

(1) Require all public-use and private-use airports located	1853
in whole or in part in this state to register biennially with the	1854
department of transportation;	1855

(2) Require all public-use airports located in whole or in	1856
part in this state, and all private-use airports located in whole	1857
or in part in this state that are located within thirty nautical	1858
miles of either a metropolitan population of at least one hundred	1859
thousand persons or a sensitive site, or that have eleven or more	1860
based aircraft, a runway length more than two thousand feet, or	1861
more than ten thousand annual aircraft operations, to do all of	1862
the following:	1863

(a) Prepare a written security plan that is consistent with	1864
the most recent security guidelines for general aviation airports	1865
published by the United States transportation security	1866
administration;	1867

(b) Develop a written list of emergency contacts and	1868
telephones;	1869

(c) Restrict access to aircraft keys by unlicensed persons;

1870

(d) Require pilots, including those renting aircraft, to	1871
operate pursuant to F.A.R. 61.3 regarding pilot identification;	1872

(e) Create an emergency locater map that identifies runways,	1873
ramp areas, fence lines, gates, hydrants, emergency shelters,	1874
buildings, and hazardous material sites;	1875

(f) Familiarize local law enforcement agencies with the	1876
airport and consult with them in the airport's development of	1877
security procedures.	1878

(3) Require all aircraft owners or pilots to secure their	1879
aircraft;	1880

(4) Require all persons who rent an aircraft to present	1881
government-issued identification, in addition to any pilot's	1882
license, to the person who rents them the aircraft;	1883

(5) Address or govern the security of public-use and	1884
private-use airports located in whole or in part in this state in	1885
any other manner that the department of transportation, in	1886
consultation with the department of public safety, determines to	1887
be necessary.	1888

(C) The security plan described in division (B)(2)(a) and the	1889
emergency locater map described in division (B)(2)(e) of this	1890
section shall display prominently the following statement: "This	1891
document may contain information that, if disclosed, could	1892
endanger the life or safety of the public; therefore, this	1893
document is to be maintained and used in a manner that preserves	1894
the confidentiality of the information it contains in a manner	1895
consistent with law."	1896

(D) Each public-use and private-use airport located in whole	1897
or in part in this state shall provide a copy of its registration	1898
described in division (B)(1) of this section, and when applicable,	1899
a copy of its security plan and emergency locater map to the	1900
department of public safety, to the department of transportation,	1901
to the sheriff of the county in which the airport is located in	1902
whole or in part, and, if the airport is located in whole or in	1903
part in a municipal corporation, to the chief of police of each	1904
municipal corporation in which it is wholly or partly located.	1905
Copies of registrations, emergency locater maps, and security	1906
plans that are in the possession of the department of public	1907
safety, the office of aviation, a sheriff, or a chief of police	1908
and that were provided under this division are not public records	1909
under section 149.43 of the Revised Code and are not subject to	1910
mandatory disclosure under that section.	1911

(E) This section shall not be construed to replace or	1912
supersede airport security standards the United States department	1913
of homeland security and the transportation security	1914
administration require, or safety standards the United States	1915
department of transportation and the federal aviation	1916
administration require.	1917

Sec. 4931.45.  (A) An amended final plan is required for any	1918
of the following purposes:	1919

(1) Expanding the territory included in the countywide 9-1-1	1920
system;	1921

(2) Upgrading any part or all of a system from basic to	1922
enhanced wireline 9-1-1;	1923

(3) Adjusting the territory served by a public safety	1924
answering point;	1925

(4) Represcribing the funding of public safety answering	1926
points as between the alternatives set forth in division (B)(5) of	1927
section 4931.43 of the Revised Code;	1928

(5) Providing for wireless enhanced 9-1-1;

1929

(6) Adding a telephone company as a participant in a	1930
countywide 9-1-1 system after the implementation of wireline 9-1-1	1931
or wireless enhanced 9-1-1;	1932

(7) Providing that the state highway patrol or one or more	1933
public safety answering points of another 9-1-1 system function as	1934
a public safety answering point or points for the provision of	1935
wireline or wireless 9-1-1 for all or part of the territory of the	1936
system established under the final plan, as contemplated under	1937
division (J) of section 4931.41 of the Revised Code;	1938

(8) Making any other necessary adjustments to the plan.

1939

The adoption of an amended final plan under this division	1940
shall be subject to, and accomplished	1941

(B) Except as otherwise provided in division (C) of this	1942
section, a final plan shall be amended in the manner of the	1943
adoption of an initialprovided for adopting a final plan under,	1944
sections 4931.42 to 4931.44 of the Revised Code, including the	1945
requirements for the convening of a 9-1-1 planning committee and	1946
development ofdeveloping a proposed amended plan prior to the	1947
adoption of theadopting an amended final plan. However, a final	1948
plan is deemed amended	1949

(C)(1) To amend a final plan for the purpose described in	1950
division (A)(6) of this section upon the filing, an entity that	1951
wishes to be added as a participant in a 9-1-1 system shall file a	1952
written letter of that intent with the board of county	1953
commissioners of the county that approved the final plan for the	1954
countywide 9-1-1 system, of a written letter of intent by the	1955
entity to be added as a participant in the 9-1-1 system. The	1956
entityThe final plan is deemed amended upon the filing of that	1957
letter. The entity that files the letter shall send written notice	1958
of thethat filing to all subdivisions and telephone companies	1959
participating in the system. Further, adoption	1960

(2) An amendment to a final plan for a purpose set forth in	1961
division (A)(1), (3), (5), or (8) of this section may be made by	1962
an addendum approved by a majority of the 9-1-1 planning	1963
committee. The board of county commissioners shall call a meeting	1964
of the 9-1-1 planning committee for the purpose of considering an	1965
addendum pursuant to this division.	1966

(3) Adoption of any resolution under section 4931.51 of the	1967
Revised Code pursuant to a final plan that both has been adopted	1968
and provides for funding through charges imposed under that	1969
section is not an amendment of a final plan for the purpose of	1970
this division.	1971

(B)(D) When a final plan is amended for a purpose described	1972
in division (A)(1), (2), or (6) of this section, sections 4931.47	1973
and 5733.55 of the Revised Code apply with respect to the receipt	1974
of the nonrecurring and recurring rates and charges for the	1975
wireline telephone network portion of the 9-1-1 system.	1976

Sec. 4931.49.  (A)(1) The state, the state highway patrol, or	1977
a subdivision participating in a 9-1-1 system established under	1978
sections 4931.40 to 4931.70 of the Revised Code and any officer,	1979
agent, employee, or independent contractor of the state, the state	1980
highway patrol, or such a participating subdivision is not liable	1981
in damages in a civil action for injuries, death, or loss to	1982
persons or property arising from any act or omission, except	1983
willful or wanton misconduct, in connection with developing,	1984
adopting, or approving any final plan or any agreement made under	1985
section 4931.48 of the Revised Code or otherwise bringing into	1986
operation the 9-1-1 system pursuant to sections 4931.40 to 4931.70	1987
of the Revised Code.	1988

(2) The Ohio 9-1-1 council, the wireless 9-1-1 advisory	1989
board, and any member of that council or board are not liable in	1990
damages in a civil action for injuries, death, or loss to persons	1991
or property arising from any act or omission, except willful or	1992
wanton misconduct, in connection with the development or operation	1993
of a 9-1-1 system established under sections 4931.40 to 4931.70 of	1994
the Revised Code.	1995

(B) Except as otherwise provided in section 4765.49 of the	1996
Revised Code, an individual who gives emergency instructions	1997
through a 9-1-1 system established under sections 4931.40 to	1998
4931.70 of the Revised Code, and the principals for whom the	1999
person acts, including both employers and independent contractors,	2000
public and private, and an individual who follows emergency	2001
instructions and the principals for whom that person acts,	2002
including both employers and independent contractors, public and	2003
private, are not liable in damages in a civil action for injuries,	2004
death, or loss to persons or property arising from the issuance or	2005
following of emergency instructions, except where the issuance or	2006
following of the instructions constitutes willful or wanton	2007
misconduct.	2008

(C) Except for willful or wanton misconduct, a telephone	2009
company, and any other installer, maintainer, or provider, through	2010
the sale or otherwise, of customer premises equipment, and their	2011
respective officers, directors, employees, agents, and suppliers	2012
are not liable in damages in a civil action for injuries, death,	2013
or loss to persons or property incurred by any person resulting	2014
from suchany of the following:	2015

(1) Such an entity's or its officers', directors',	2016
employees', agents', or suppliers' participation in or acts or	2017
omissions in connection with participating in or developing,	2018
maintaining, or operating a 9-1-1 system, whether that system is	2019
established pursuant to sections 4931.40 to 4931.70 of the Revised	2020
Code or otherwise in accordance with schedules regarding 9-1-1	2021
systems filed with the public utilities commission pursuant to	2022
section 4905.30 of the Revised Code by a telephone company that is	2023
a wireline service provider;	2024

(2) Such an entity's or its officers', directors',	2025
employees', agents', or suppliers' provision of assistance to a	2026
public utility, municipal utility, or state or local government as	2027
authorized by divisions (F)(4) and (5) of this section.	2028

(D) No person shall knowingly use the telephone number of a	2029
9-1-1 system established under sections 4931.40 to 4931.70 of the	2030
Revised Code to report an emergency if the person knows that no	2031
emergency exists.	2032

(E) No person shall knowingly use a 9-1-1 system for a	2033
purpose other than obtaining emergency service.	2034

(F) No person shall disclose or use any information	2035
concerning telephone numbers, addresses, or names obtained from	2036
the data base that serves the public safety answering point of a	2037
9-1-1 system established under sections 4931.40 to 4931.70 of the	2038
Revised Code, except for any of the following purposes or under	2039
any of the following circumstances:	2040

(1) For the purpose of the 9-1-1 system;

2041

(2) For the purpose of responding to an emergency call to an	2042
emergency service provider;	2043

(3) In the circumstance of the inadvertent disclosure of such	2044
information due solely to technology of the wireline telephone	2045
network portion of the 9-1-1 system not allowing access to the	2046
data base to be restricted to 9-1-1 specific answering lines at a	2047
public safety answering point;	2048

(4) In the circumstance of assistanceaccess to a data base	2049
being given by a telephone company that is a wireline service	2050
provider to a public utility or municipal utility in handling	2051
customer calls in times of public emergency or service outages.	2052
The charge, terms, and conditions for the disclosure or use of	2053
such information for the purpose of such assistanceaccess to a	2054
data base shall be subject to the jurisdiction of the public	2055
utilities commission.	2056

(5) In the circumstance of access to a data base given by a	2057
telephone company that is a wireline service provider to a state	2058
and local government in warning of a public emergency, as	2059
determined by the public utilities commission. The charge, terms,	2060
and conditions for the disclosure or use of that information for	2061
the purpose of access to a data base is subject to the	2062
jurisdiction of the public utilities commission.	2063

Sec. 5502.011. (A) As used in this section, "department of	2064
public safety" and "department" include all divisions within the	2065
department of public safety.	2066

(B) The director of the department of public safety is the	2067
chief executive and administrative officer of the department. The	2068
director may establish policies governing the department, the	2069
performance of its employees and officers, the conduct of its	2070
business, and the custody, use, and preservation of departmental	2071
records, papers, books, documents, and property. The director also	2072
may authorize and approve investigations to be conducted by any of	2073
the department's divisions. Whenever the Revised Code imposes a	2074
duty upon or requires an action of the department, the director	2075
may perform the action or duty in the name of the department or	2076
direct such performance to be performed by the director's	2077
designee.	2078

(C) In addition to any other duties enumerated in the Revised	2079
Code, the director or the director's designee shall do all of the	2080
following:	2081

(1) Administer and direct the performance of the duties of	2082
the department;	2083

(2) Pursuant to Chapter 119. of the Revised Code, approve,	2084
adopt, and prescribe such forms and rules as are necessary to	2085
carry out the duties of the department;	2086

(3) On behalf of the department and in addition to any	2087
authority the Revised Code otherwise grants to the department,	2088
have the authority and responsibility for approving and entering	2089
into contracts, agreements, and other business arrangements;	2090

(4) Make appointments for the department as needed to comply	2091
with requirements of the Revised Code;	2092

(5) Approve employment actions of the department, including	2093
appointments, promotions, discipline, investigations, and	2094
terminations;	2095

(6) Accept, hold, and use, for the benefit of the department,	2096
any gift, donation, bequest, or devise, and may agree to and	2097
perform all conditions of the gift, donation, bequest, or devise,	2098
that are not contrary to law;	2099

(7) Do all other acts necessary or desirable to carry out	2100
this chapter.	2101

(D)(1) The director of public safety may assess a reasonable	2102
fee, plus the amount of any charge or fee passed on from a	2103
financial institution, on a drawer or indorser for each of the	2104
following:	2105

(a) A check, draft, or money order that is returned or	2106
dishonored;	2107

(b) An automatic bank transfer that is declined, due to	2108
insufficient funds or for any other reason;	2109

(c) Any financial transaction device that is returned or	2110
dishonored for any reason.	2111

(2) The director shall deposit any fee collected under this	2112
division in an appropriate fund as determined by the director	2113
based on the tax, fee, or fine being paid.	2114

(3) As used in this division, "financial transaction device"	2115
has the same meaning as in section 113.40 of the Revised Code.	2116

(E) The director shall establish a homeland security advisory	2117
council to advise the director on homeland security, including	2118
homeland security funding efforts. The advisory council shall	2119
include, but not be limited to, state and local government	2120
officials who have homeland security or emergency management	2121
responsibilities and who represent first responders. The director	2122
shall appoint the members of the council, who shall serve without	2123
compensation.	2124

(F) The director of public safety shall adopt rules in	2125
accordance with Chapter 119. of the Revised Code as required by	2126
section 2909.28 of the Revised Code and division (A)(1) of section	2127
2909.32 of the Revised Code. The director shall adopt rules as	2128
required by division (D) of section 2909.32 of the Revised Code,	2129
division (E) of section 2909.33 of the Revised Code, and division	2130
(D) of section 2909.34 of the Revised Code. The director may adopt	2131
rules pursuant to division (A)(2) of section 2909.32 of the	2132
Revised Code, division (A)(2) of section 2909.33 of the Revised	2133
Code, and division (A)(2) of section 2909.34 of the Revised Code.	2134

Sec. 5502.03. (A) There is hereby created in the department	2135
of public safety a division of homeland security. It is the intent	2136
of the general assembly that the creation of the division of	2137
homeland security of the department of public safety by this	2138
amendment does not result in an increase of funding appropriated	2139
to the department.	2140

(B)(1) The division shall coordinatedo all of the following:

2141

(1) Coordinate all homeland security activities of all state	2142
agencies and shall be the liaison between state agencies and local	2143
entities for the purposes of communicating homeland security	2144
funding and policy initiatives;	2145

(2) Collect, analyze, maintain, and disseminate information	2146
to support local, state, and federal law enforcement agencies,	2147
other government agencies, and private organizations in detecting,	2148
deterring, preventing, preparing for, responding to, and	2149
recovering from threatened or actual terrorist events. This	2150
information is not a public record pursuant to section 149.43 of	2151
the Revised Code.	2152

(3) Coordinate efforts of state and local governments and	2153
private organizations to enhance the security and protection of	2154
critical infrastructure and key assets in this state;	2155

(4) Develop and coordinate policies, protocols, and	2156
strategies that may be used to prevent, detect, prepare for,	2157
respond to, and recover from terrorist acts or threats;	2158

(5) Develop, update, and coordinate the implementation of an	2159
Ohio homeland security strategic plan that will guide state and	2160
local governments in the achievement of homeland security in this	2161
state.	2162

(C) The director of public safety shall appoint an executive	2163
director, who shall be head of the division of homeland security	2164
and who regularly shall advise the governor and the director on	2165
matters pertaining to homeland security. The executive director	2166
shall serve at the pleasure of the director of public safety. To	2167
carry out the duties assigned under this section, the executive	2168
director, subject to the direction and control of the director of	2169
public safety, may appoint and maintain necessary staff and may	2170
enter into any necessary agreements.	2171

(D) Except as otherwise provided by law, nothing in this	2172
section shall be construed to give the director of public safety	2173
or the executive director of the division of homeland security	2174
authority over the incident management structure or	2175
responsibilities of local emergency response personnel.	2176

Sec. 5502.28. (A) In carrying out sections 5502.21 to 5502.51	2177
of the Revised Code, the governor shall utilize the services,	2178
equipment, supplies, and facilities of existing agencies of the	2179
state and of political subdivisions to the maximum extent	2180
practicable, and the officers and personnel of all such agencies	2181
shall cooperate with and extend such services, equipment,	2182
supplies, and facilities to the governor and to the executive	2183
director of the emergency management agency upon request.	2184

(B) Every agency for emergency management established	2185
pursuant to sections 5502.21 to 5502.51 of the Revised Code and	2186
every political subdivision that has established a program for	2187
emergency management under section 5502.271 of the Revised Code,	2188
and the officers thereof, shall execute and enforce any emergency	2189
management orders and rules issued or adopted by the director of	2190
public safety.	2191

(C) The national incident management system (NIMS) is hereby	2192
adopted as the standard procedure for incident management in this	2193
state. All departments, agencies, and political subdivisions	2194
within the state shall utilize the system for incident management.	2195

Sec. 5502.41.  (A) As used in this section:

2196

(1) "Countywide emergency management agency" means a	2197
countywide emergency management agency established under section	2198
5502.26 of the Revised Code.	2199

(2) "Participating political subdivision" means each	2200
political subdivision in this state except a political subdivision	2201
that enacts, by appropriate legislation signed by its chief	2202
executive, a declaration not to participate in the intrastate	2203
mutual aid program created by this section and that provides a	2204
copy of the legislation to the emergency management agency and to	2205
the countywide emergency management agency, regional authority for	2206
emergency management, or program for emergency management within	2207
the political subdivision, which is responsible for emergency	2208
management in the political subdivision.	2209

(3) "Program for emergency management within a political	2210
subdivision" means a program for emergency management created by a	2211
political subdivision under section 5502.271 of the Revised Code.	2212

(4) "Regional authority for emergency management" means a	2213
regional authority for emergency management established under	2214
section 5502.27 of the Revised Code.	2215

(B) There is hereby created the intrastate mutual aid program	2216
to be known as "the intrastate mutual aid compact" to complement	2217
existing mutual aid agreements in the event of a disaster that	2218
results in a formal declaration of emergency by a participating	2219
political subdivision. The program shall provide for mutual	2220
assistance among the participating political subdivisions in	2221
response to and recovery from any disaster that results in a	2222
formal declaration of emergency by a participating political	2223
subdivision; shall provide for mutual cooperation among the	2224
participating political subdivisions in conducting	2225
disaster-related exercises, testing, or other training activities	2226
using the services, equipment, supplies, materials, personnel, and	2227
other resources of the participating political subdivisions to	2228
simulate the provision of mutual aid; and shall embody a method by	2229
which a participating political subdivision may seek assistance in	2230
the event of a formally declared emergency, which resolves many of	2231
the common issues facing political subdivisions at the time of a	2232
formally declared emergency and will ensure, to the extent	2233
possible, eligibility for available state and federal disaster	2234
funding.	2235

(C) Each countywide emergency management agency, regional	2236
authority for emergency management, and program for emergency	2237
management within a political subdivision, which is responsible	2238
for emergency management in a participating political subdivision	2239
shall, as part of its program for emergency management under	2240
sections 5502.22, 5502.26, 5502.27, and 5502.271 of the Revised	2241
Code, as applicable, and in coordination with all departments,	2242
divisions, boards, commissions, agencies, and other	2243
instrumentalities of, and having emergency response functions	2244
within, each participating political subdivision served by that	2245
agency, authority, or program, establish procedures or plans that,	2246
to the extent possible, accomplish both of the following:	2247

(1) Identify hazards that potentially could affect the	2248
participating political subdivisions served by that agency,	2249
authority, or program;	2250

(2) Identify and inventory the current services, equipment,	2251
supplies, personnel, and other resources related to response and	2252
recovery activities of the participating political subdivisions	2253
served by that agency, authority, or program.	2254

(D)(1) Within one year after the effective date of this	2255
sectionDecember 23, 2002, the executive director of the emergency	2256
management agency shall coordinate with the countywide emergency	2257
management agencies, regional authorities for emergency	2258
management, and programs for emergency management within a	2259
political subdivision, which are responsible for emergency	2260
management in participating political subdivisions, in identifying	2261
and formulating appropriate procedures or plans to resolve	2262
resource shortfalls, as part of their respective programs for	2263
emergency management under sections 5502.22, 5502.26, 5502.27, and	2264
5502.271 of the Revised Code, as applicable.	2265

(2) During and after the formulation of the procedures or	2266
plans to resolve resource shortfalls, there shall be ongoing	2267
consultation and coordination among the executive director of the	2268
emergency management agency; the countywide emergency management	2269
agencies, regional authorities for emergency management, and	2270
programs for emergency management within a political subdivision,	2271
which are responsible for emergency management in participating	2272
political subdivisions; and all departments, divisions, boards,	2273
commissions, agencies, and other instrumentalities of, and having	2274
emergency response functions within, each participating political	2275
subdivision, regarding this section, local procedures and plans,	2276
and the resolution of the resource shortfalls.	2277

(E) Participating political subdivisions may request	2278
assistance of other participating political subdivisions in	2279
response to and recovery from a disaster during formally declared	2280
emergencies or in disaster-related exercises, testing, or other	2281
training activities. Requests for assistance shall be made through	2282
the emergency management agency or an official designated by the	2283
chief executive of the participating political subdivision from	2284
which the assistance is requested. Requests may be verbal or in	2285
writing. If verbal, the request shall be confirmed in writing	2286
within seventy-two hours after the verbal request is made.	2287
Requests shall provide the following information:	2288

(1) A description of the disaster;

2289

(2) A description of the assistance needed;

2290

(3) An estimate of the length of time the assistance will be	2291
needed;	2292

(4) The specific place and time for staging of the assistance	2293
and a point of contact at that location.	2294

(F) A participating political subdivision's obligation to	2295
provide assistance in response to and recovery from a disaster or	2296
in disaster-related exercises, testing, or other training	2297
activities under this section is subject to the following	2298
conditions:	2299

(1) A participating political subdivision requesting	2300
assistance must have either declared a state of emergency by	2301
resolution of its chief executive or scheduled disaster-related	2302
exercises, testing, or other training activities.	2303

(2) A responding participating political subdivision may	2304
withhold resources necessary to provide for its own protection.	2305

(3) Personnel of a responding participating political	2306
subdivision shall continue under their local command and control	2307
structure, but shall be under the operational control of the	2308
appropriate officials within the incident management system of the	2309
participating political subdivision receiving assistance.	2310

(4) Responding law enforcement officers acting pursuant to	2311
this section have the same authority to enforce the law as when	2312
acting within the territory of their regular employment.	2313

(G)(1) Nothing in this section alters the duties and	2314
responsibilities of emergency response personnel.	2315

(2) This section does not preclude a participating political	2316
subdivision from entering into a mutual aid or other agreement	2317
with another political subdivision, and does not affect any other	2318
agreement to which a participating political subdivision may be a	2319
party, or any request for assistance that may be made, under any	2320
other section of the Revised Code, including, but not limited to,	2321
any mutual aid arrangement under this chapter, any fire protection	2322
or emergency medical services contract under section 9.60 of the	2323
Revised Code, sheriffs' requests for assistance to preserve the	2324
public peace and protect persons and property under section 311.07	2325
of the Revised Code, agreements for mutual aid in police	2326
protection under section 737.04 of the Revised Code, and mutual	2327
aid agreements among emergency planning districts for hazardous	2328
substances or chemicals response under sections 3750.02 and	2329
3750.03 of the Revised Code.	2330

(H)(1) Personnel of a responding participating political	2331
subdivision who suffer injury or death in the course of, and	2332
arising out of, their employment while rendering assistance to	2333
another participating political subdivision under this section are	2334
entitled to all applicable benefits under Chapters 4121. and 4123.	2335
of the Revised Code.	2336

(2) Personnel of a responding participating political	2337
subdivision shall be considered, while rendering assistance in	2338
another participating political subdivision under this section, to	2339
be agents of the participating political subdivision receiving the	2340
assistance for purposes of tort liability and immunity from tort	2341
liability under the law of this state.	2342

(3)(a) A responding participating political subdivision and	2343
the personnel of that political subdivision, while rendering	2344
assistance, or while in route to or from rendering assistance, in	2345
another participating political subdivision under this section,	2346
shall be deemed to be exercising governmental functions as defined	2347
in section 2744.01 of the Revised Code, shall have the defenses to	2348
and immunities from civil liability provided in sections 2744.02	2349
and 2744.03 of the Revised Code, and shall be entitled to all	2350
applicable limitations on recoverable damages under section	2351
2744.05 of the Revised Code.	2352

(b) A participating political subdivision requesting	2353
assistance and the personnel of that political subdivision, while	2354
requesting or receiving assistance from any other participating	2355
political subdivisions under this section, shall be deemed to be	2356
exercising governmental functions as defined in section 2744.01 of	2357
the Revised Code, shall have the defenses to and immunities from	2358
civil liability provided in sections 2744.02 and 2744.03 of the	2359
Revised Code, and shall be entitled to all applicable limitations	2360
on recoverable damages under section 2744.05 of the Revised Code.	2361

(I) If a person holds a license, certificate, or other permit	2362
issued by a participating political subdivision evidencing	2363
qualification in a professional, mechanical, or other skill, and	2364
if the assistance of that person is asked for by a participating	2365
political subdivision receiving assistance under this section, the	2366
person shall be deemed to be licensed or certified in or permitted	2367
by the participating political subdivision receiving the	2368
assistance to render the assistance, subject to any limitations	2369
and conditions the chief executive of the participating political	2370
subdivision receiving the assistance may prescribe by executive	2371
order or otherwise.	2372

(J) Except as otherwise provided in this division, any	2373
participating political subdivision rendering assistance in	2374
another participating political subdivision under this section	2375
shall be reimbursed by the participating political subdivision	2376
receiving the assistance for any loss or damage to, or expense	2377
incurred in the operation of, any equipment used in rendering the	2378
assistance, for any expense incurred in the provision of any	2379
service used in rendering the assistance, and for all other costs	2380
incurred in responding to the request for assistance. However, a	2381
participating political subdivision rendering assistance may	2382
assume in whole or in part the loss, damage, expense, or costs, or	2383
may loan the equipment or donate the service to the participating	2384
political subdivision receiving the assistance without charge or	2385
cost; any two or more participating political subdivisions may	2386
enter into agreements establishing a different allocation of loss,	2387
damage, expense, or costs among themselves; and expenses incurred	2388
under division (H)(1) of this section are not reimbursable under	2389
this division. To avoid duplication of payments, insurance	2390
proceeds available to cover any loss or damage to equipment of a	2391
participating political subdivision rendering assistance shall be	2392
considered in the reimbursement by the participating political	2393
subdivision receiving the assistance.	2394

Section 2. That existing sections 121.40, 2901.13, 2909.21,	2395
2923.31, 2933.51, 3701.04, 4505.02, 4507.08, 4561.17, 4561.18,	2396
4561.22, 4931.45, 4931.49, 5502.011, 5502.03, 5502.28, and 5502.41	2397
of the Revised Code are hereby repealed.	2398