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H. B. No. 202 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Weddington, Yuko, Domenick, Letson
A BILL
To amend section 5502.03 and to enact section 5502.04
of the Revised Code to create the Infrastructure
Protection Center within the Division of Homeland
Security of the Department of Public Safety.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 5502.03 be amended and section
5502.04 of the Revised Code be enacted to read as follows:
Sec. 5502.03. (A) There is hereby created in the department
of public safety a division of homeland security.
(B) The division shall do all of the following:
(1) Coordinate all homeland security activities of all state
agencies and be the liaison between state agencies and local
entities for the purposes of communicating homeland security
funding and policy initiatives;
(2) Collect, analyze, maintain, and disseminate information
to support local, state, and federal law enforcement agencies,
other government agencies, and private organizations in detecting,
deterring, preventing, preparing for, responding to, and
recovering from threatened or actual terrorist events. This
information is not a public record pursuant to section 149.43 of
the Revised Code.
(3) Coordinate Through the infrastructure protection center
created in section 5502.04 of the Revised Code, coordinate efforts
of state and local governments and
private organizations to
enhance the security and protection of
critical infrastructure
and key assets in this state;
(4) Develop and coordinate policies, protocols, and
strategies that may be used to prevent, detect, prepare for,
respond to, and recover from terrorist acts or threats;
(5) Develop, update, and coordinate the implementation of an
Ohio homeland security strategic plan that will guide state and
local governments in the achievement of homeland security in this
state.
(C) The director of public safety shall appoint an executive
director, who shall be head of the division of homeland security
and who regularly shall advise the governor and the director on
matters pertaining to homeland security. The executive director
shall serve at the pleasure of the director of public safety. To
carry out the duties assigned under this section, the executive
director, subject to the direction and control of the director of
public safety, may appoint and maintain necessary staff and may
enter into any necessary agreements.
(D) Except as otherwise provided by law, nothing in this
section shall be construed to give the director of public safety
or the executive director of the division of homeland security
authority over the incident management structure or
responsibilities of local emergency response personnel.
(E) There is hereby created in the state treasury the
homeland security fund. The fund shall consist of
sixty cents of
each fee collected under sections
4501.34,
4503.26, 4506.08, and
4509.05 of the
Revised Code as
specified
in those sections,
plus on and after October 1, 2009,
sixty cents of each fee
collected under
sections
4505.14 and 4519.63 of the Revised
Code as
specified in
those sections. The fund shall be
used to
pay the
expenses of
administering the law relative to the
powers and
duties of the
executive director of the division of
homeland
security, except
that the director of budget and
management may
transfer excess
money from the homeland security
fund to the
state highway
safety fund if the director of public
safety
determines that the
amount of money in the homeland
security fund
exceeds the amount
required to cover such costs
incurred by the
division of
homeland security and requests the
director of budget
and
management to make the transfer.
Sec. 5502.04. (A) There is hereby created in the division of
homeland security the infrastructure protection center, to be
located in Cincinnati.
(B) The center shall do all of the following:
(1) Coordinate all infrastructure-related homeland security
and infrastructure protection activities of all state agencies and
be the liaison between state agencies, local entities, and the
public for the purposes of communicating infrastructure-related
homeland security services;
(2) Research and analyze infrastructure security and
intelligence information to detect, deter, prevent, prepare for,
respond to, and recover from potential or actual terrorist events
that threaten infrastructure. This information is not a public
record pursuant to section 149.43 of the Revised Code.
(3) Coordinate efforts of state and local governments and
private organizations to enhance the security and protection of
critical infrastructure and key assets in this state and to ensure
interoperability and compatibility of such efforts;
(4) Develop and coordinate policies, protocols, and
strategies that may be used to prevent, detect, prepare for,
respond to, and recover from terrorist acts or threats to
infrastructure, including emergency response and contingency
planning;
(5) Perform infrastructure risk assessments, including
individual site assessments and sector assessments, and recommend
strategies and methods to mitigate risk;
(6) Conduct prevention and deterrence exercises and provide
security analysis training.
(C) In performing its duties under division (B) of this
section, the center shall give priority to bridge security. The
center and the department of transportation cooperatively shall
identify those bridges considered most critical to the state,
establish inspection schedules and other methods to mitigate the
risk to bridges, and establish security procedures to protect
critical bridges.
(D)
The director of public safety shall appoint a chief
administrator, who shall be head of the center and who shall
report to the executive director of the division of homeland
security on a regular basis concerning the duties and
responsibilities of the center and on any matters pertaining to
infrastructure protection. The chief administrator shall serve at
the pleasure of the director of public safety. To carry out the
duties assigned under this section, the chief administrator,
subject to the direction and control of the executive director of
the division of homeland security, may appoint and maintain
necessary staff and may enter into any necessary agreements.
(E) Except as otherwise provided by law, nothing in this
section shall be construed to give the director of public safety
or the chief administrator of the infrastructure protection center
authority over the incident management structure or
responsibilities of local emergency response personnel.
(F) This section shall not be construed to replace or
supersede infrastructure security standards the United States
department of homeland security and the transportation security
administration require, or safety standards the United States
department of transportation requires.
Section 2. That existing section 5502.03 of the Revised Code
is hereby repealed.
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