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| To amend section 5502.03 and to enact section 5502.04 | 1 |
| of the Revised Code to create the Infrastructure | 2 |
| Protection Center within the Division of Homeland | 3 |
| Security of the Department of Public Safety. | 4 |
| Section 1. That section 5502.03 be amended and section | 5 |
| 5502.04 of the Revised Code be enacted to read as follows: | 6 |
| Sec. 5502.03. (A) There is hereby created in the department | 7 |
| of public safety a division of homeland security. | 8 |
| (B) The division shall do all of the following: | 9 |
| (1) Coordinate all homeland security activities of all state | 10 |
| agencies and be the liaison between state agencies and local | 11 |
| entities for the purposes of communicating homeland security | 12 |
| funding and policy initiatives; | 13 |
| (2) Collect, analyze, maintain, and disseminate information | 14 |
| to support local, state, and federal law enforcement agencies, | 15 |
| other government agencies, and private organizations in detecting, | 16 |
| deterring, preventing, preparing for, responding to, and | 17 |
| recovering from threatened or actual terrorist events. This | 18 |
| information is not a public record pursuant to section 149.43 of | 19 |
| the Revised Code. | 20 |
| (3) | 21 |
| created in section 5502.04 of the Revised Code, coordinate efforts | 22 |
| of state and local governments and private organizations to | 23 |
| enhance the security and protection of critical infrastructure | 24 |
| and key assets in this state; | 25 |
| (4) Develop and coordinate policies, protocols, and | 26 |
| strategies that may be used to prevent, detect, prepare for, | 27 |
| respond to, and recover from terrorist acts or threats; | 28 |
| (5) Develop, update, and coordinate the implementation of an | 29 |
| Ohio homeland security strategic plan that will guide state and | 30 |
| local governments in the achievement of homeland security in this | 31 |
| state. | 32 |
| (C) The director of public safety shall appoint an executive | 33 |
| director, who shall be head of the division of homeland security | 34 |
| and who regularly shall advise the governor and the director on | 35 |
| matters pertaining to homeland security. The executive director | 36 |
| shall serve at the pleasure of the director of public safety. To | 37 |
| carry out the duties assigned under this section, the executive | 38 |
| director, subject to the direction and control of the director of | 39 |
| public safety, may appoint and maintain necessary staff and may | 40 |
| enter into any necessary agreements. | 41 |
| (D) Except as otherwise provided by law, nothing in this | 42 |
| section shall be construed to give the director of public safety | 43 |
| or the executive director of the division of homeland security | 44 |
| authority over the incident management structure or | 45 |
| responsibilities of local emergency response personnel. | 46 |
| (E) There is hereby created in the state treasury the | 47 |
| homeland security fund. The fund shall consist of sixty cents of | 48 |
| each fee collected under sections 4501.34, 4503.26, 4506.08, and | 49 |
| 4509.05 of the Revised Code as specified in those sections, | 50 |
| plus on and after October 1, 2009, sixty cents of each fee | 51 |
| collected under sections 4505.14 and 4519.63 of the Revised | 52 |
| Code as specified in those sections. The fund shall be used to | 53 |
| pay the expenses of administering the law relative to the | 54 |
| powers and duties of the executive director of the division of | 55 |
| homeland security, except that the director of budget and | 56 |
| management may transfer excess money from the homeland security | 57 |
| fund to the state highway safety fund if the director of public | 58 |
| safety determines that the amount of money in the homeland | 59 |
| security fund exceeds the amount required to cover such costs | 60 |
| incurred by the division of homeland security and requests the | 61 |
| director of budget and management to make the transfer. | 62 |
| Sec. 5502.04. (A) There is hereby created in the division of | 63 |
| homeland security the infrastructure protection center, to be | 64 |
| located in Cincinnati. | 65 |
| (B) The center shall do all of the following: | 66 |
| (1) Coordinate all infrastructure-related homeland security | 67 |
| and infrastructure protection activities of all state agencies and | 68 |
| be the liaison between state agencies, local entities, and the | 69 |
| public for the purposes of communicating infrastructure-related | 70 |
| homeland security services; | 71 |
| (2) Research and analyze infrastructure security and | 72 |
| intelligence information to detect, deter, prevent, prepare for, | 73 |
| respond to, and recover from potential or actual terrorist events | 74 |
| that threaten infrastructure. This information is not a public | 75 |
| record pursuant to section 149.43 of the Revised Code. | 76 |
| (3) Coordinate efforts of state and local governments and | 77 |
| private organizations to enhance the security and protection of | 78 |
| critical infrastructure and key assets in this state and to ensure | 79 |
| interoperability and compatibility of such efforts; | 80 |
| (4) Develop and coordinate policies, protocols, and | 81 |
| strategies that may be used to prevent, detect, prepare for, | 82 |
| respond to, and recover from terrorist acts or threats to | 83 |
| infrastructure, including emergency response and contingency | 84 |
| planning; | 85 |
| (5) Perform infrastructure risk assessments, including | 86 |
| individual site assessments and sector assessments, and recommend | 87 |
| strategies and methods to mitigate risk; | 88 |
| (6) Conduct prevention and deterrence exercises and provide | 89 |
| security analysis training. | 90 |
| (C) In performing its duties under division (B) of this | 91 |
| section, the center shall give priority to bridge security. The | 92 |
| center and the department of transportation cooperatively shall | 93 |
| identify those bridges considered most critical to the state, | 94 |
| establish inspection schedules and other methods to mitigate the | 95 |
| risk to bridges, and establish security procedures to protect | 96 |
| critical bridges. | 97 |
| (D) The director of public safety shall appoint a chief | 98 |
| administrator, who shall be head of the center and who shall | 99 |
| report to the executive director of the division of homeland | 100 |
| security on a regular basis concerning the duties and | 101 |
| responsibilities of the center and on any matters pertaining to | 102 |
| infrastructure protection. The chief administrator shall serve at | 103 |
| the pleasure of the director of public safety. To carry out the | 104 |
| duties assigned under this section, the chief administrator, | 105 |
| subject to the direction and control of the executive director of | 106 |
| the division of homeland security, may appoint and maintain | 107 |
| necessary staff and may enter into any necessary agreements. | 108 |
| (E) Except as otherwise provided by law, nothing in this | 109 |
| section shall be construed to give the director of public safety | 110 |
| or the chief administrator of the infrastructure protection center | 111 |
| authority over the incident management structure or | 112 |
| responsibilities of local emergency response personnel. | 113 |
| (F) This section shall not be construed to replace or | 114 |
| supersede infrastructure security standards the United States | 115 |
| department of homeland security and the transportation security | 116 |
| administration require, or safety standards the United States | 117 |
| department of transportation requires. | 118 |
| Section 2. That existing section 5502.03 of the Revised Code | 119 |
| is hereby repealed. | 120 |