The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
H. B. No. 515 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
| |
Representative Damschroder
A BILL
To amend sections 2909.21 and 5502.011 and to repeal
sections 2909.32, 2909.33, and 2909.34 of the
Revised Code to eliminate the declaration of
material assistance/nonassistance questionnaire.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2909.21 and 5502.011 of the Revised
Code be amended to read as follows:
Sec. 2909.21. As used in sections 2909.21 to 2909.34 2909.31
of the Revised Code:
(A) "Act of terrorism" means an act that is committed within
or outside the territorial jurisdiction of this state or the
United States, that constitutes a specified offense if committed
in this state or constitutes an offense in any jurisdiction within
or outside the territorial jurisdiction of the United States
containing all of the essential elements of a specified offense,
and that is intended to do one or more of the following:
(1) Intimidate or coerce a civilian population;
(2) Influence the policy of any government by intimidation or
coercion;
(3) Affect the conduct of any government by the act that
constitutes the offense.
(B) "Biological agent," "delivery system," "toxin," and
"vector" have the same meanings as in section 2917.33 of the
Revised Code.
(C) "Biological weapon" means any biological agent, toxin,
vector, or delivery system or combination of any biological agent
or agents, any toxin or toxins, any vector or vectors, and any
delivery system or systems.
(D) "Chemical weapon" means any one or more of the following:
(1) Any toxic chemical or precursor of a toxic chemical that
is listed in Schedule 1, Schedule 2, or Schedule 3 of the
international "Convention on the Prohibition of the Development,
Production, Stockpiling and Use of Chemical Weapons and on their
Destruction (CWC)," as entered into force on April 29, 1997;
(2) A device specifically designed to cause death or other
harm through the toxic properties of a toxic chemical or precursor
identified in division (D)(1) of this section that would be
created or released as a result of the employment of that device;
(3) Any equipment specifically designed for use directly in
connection with the employment of devices identified in division
(D)(2) of this section.
(E) "Radiological or nuclear weapon" means any device that is
designed to create or release radiation or radioactivity at a
level that is dangerous to human life or in order to cause serious
physical harm to persons as a result of the radiation or
radioactivity created or released.
(F) "Explosive device" has the same meaning as in section
2923.11 of the Revised Code.
(G) "Key component of a binary or multicomponent chemical
system" means the precursor that plays the most important role in
determining the toxic properties of the final product and reacts
rapidly with other chemicals in the binary or multicomponent
chemical system.
(H)
"Material assistance" means any of the following:
(1) Membership in an organization on the United States
department of state terrorist exclusion list;
(2) Use of the person's position of prominence within any
country to persuade others to support an organization on the
United States department of state terrorist exclusion list;
(3) Knowingly soliciting funds or other things of value for
an organization on the United States department of state terrorist
exclusion list;
(4) Solicitation of any individual for membership in an
organization on the United States department of state terrorist
exclusion list;
(5) Commission of an act that the person knows, or reasonably
should have known, affords material support or resources to an
organization on the United States department of state terrorist
exclusion list;
(6) Hiring or compensating a person known by the person
hiring or providing the compensation to be a member of an
organization on the United States department of state terrorist
exclusion list or a person known by the person hiring or providing
the compensation to be engaged in planning, assisting, or carrying
out an act of terrorism.
(I) "Material support or resources" means currency, payment
instruments, other financial securities, funds, transfer of funds,
financial services, communications, lodging, training, safe
houses, false documentation or identification, communications
equipment, facilities, weapons, lethal substances, explosives,
personnel, transportation, and other physical assets, except
medicine or religious materials.
(J)(I) "Payment instrument" means a check, draft, money
order, traveler's check, cashier's check, teller's check, or other
instrument or order for the transmission or payment of money,
regardless of whether the item in question is negotiable.
(K)(J) "Peace officer" and "prosecutor" have the same
meanings as in section 2935.01 of the Revised Code.
(L)(K) "Precursor" means any chemical reactant that takes
part at any stage in the production by whatever method of a toxic
chemical, including any key component of a binary or
multicomponent chemical system.
(M)(L) "Response costs" means all costs a political
subdivision incurs as a result of, or in making any response to, a
threat of a specified offense made as described in section 2909.23
of the Revised Code or a specified offense committed as described
in section 2909.24 of the Revised Code, including, but not limited
to, all costs so incurred by any law enforcement officers,
firefighters, rescue personnel, or emergency medical services
personnel of the political subdivision and all costs so incurred
by the political subdivision that relate to laboratory testing or
hazardous material cleanup.
(N)(M) "Specified offense" means any of the following:
(1) A felony offense of violence, a violation of section
2909.04, 2909.081, 2909.22, 2909.23, 2909.24, 2909.26, 2909.27,
2909.28, 2909.29, or 2927.24 of the Revised Code, a felony of the
first degree that is not a violation of any provision in Chapter
2925. or 3719. of the Revised Code;
(2) An attempt to commit, complicity in committing, or a
conspiracy to commit an offense listed in division (N)(M)(1) of
this section.
(O)(N) "Toxic chemical" means any chemical that through its
chemical action on life processes can cause death or serious
physical harm to persons or animals, regardless of its origin or
of its method of production and regardless of whether it is
produced in facilities, in munitions, or elsewhere.
(P) "United States department of state terrorist exclusion
list" and "terrorist exclusion list" means the list compiled by
the United States secretary of state, in consultation with or upon
the request of the United States attorney general, that designates
terrorist organizations for immigration purposes. "United States
department of state terrorist exclusion list" and "terrorist
exclusion list" also mean the list of terrorist organizations the
director of public safety prepares pursuant to rules adopted in
accordance with Chapter 119. of the Revised Code, that is
comprised of lists of organizations officials of the United States
government designate as terrorist, including the "terrorist
exclusion list" described in this division, the list of "foreign
terrorist organizations" the Unites States secretary of state
prepares in consultation with the United States attorney general
and the United States secretary of the treasury, and the list of
charities that support terrorist activities, known as "designated
charities," that the United States department of treasury
compiles.
(Q)(O) "Hazardous radioactive substance" means any substance
or item that releases or is designed to release radiation or
radioactivity at a level dangerous to human life.
Sec. 5502.011. (A) As used in this section, "department of
public safety" and "department" include all divisions within the
department of public safety.
(B) The director of the department of public safety is the
chief executive and administrative officer of the department. The
director may establish policies governing the department, the
performance of its employees and officers, the conduct of its
business, and the custody, use, and preservation of departmental
records, papers, books, documents, and property. The director also
may authorize and approve investigations to be conducted by any of
the department's divisions. Whenever the Revised Code imposes a
duty upon or requires an action of the department, the director
may perform the action or duty in the name of the department or
direct such performance to be performed by the director's
designee.
(C) In addition to any other duties enumerated in the Revised
Code, the director or the director's designee shall do all of the
following:
(1) Administer and direct the performance of the duties of
the department;
(2) Pursuant to Chapter 119. of the Revised Code, approve,
adopt, and prescribe such forms and rules as are necessary to
carry out the duties of the department;
(3) On behalf of the department and in addition to any
authority the Revised Code otherwise grants to the department,
have the authority and responsibility for approving and entering
into contracts, agreements, and other business arrangements;
(4) Make appointments for the department as needed to comply
with requirements of the Revised Code;
(5) Approve employment actions of the department, including
appointments, promotions, discipline, investigations, and
terminations;
(6) Accept, hold, and use, for the benefit of the department,
any gift, donation, bequest, or devise, and may agree to and
perform all conditions of the gift, donation, bequest, or devise,
that are not contrary to law;
(7) Apply for, allocate, disburse, and account for grants
made available under federal law or from other federal, state, or
private sources;
(8) Do all other acts necessary or desirable to carry out
this chapter.
(D)(1) The director of public safety may assess a reasonable
fee, plus the amount of any charge or fee passed on from a
financial institution, on a drawer or indorser for each of the
following:
(a) A check, draft, or money order that is returned or
dishonored;
(b) An automatic bank transfer that is declined, due to
insufficient funds or for any other reason;
(c) Any financial transaction device that is returned or
dishonored for any reason.
(2) The director shall deposit any fee collected under this
division in an appropriate fund as determined by the director
based on the tax, fee, or fine being paid.
(3) As used in this division, "financial transaction device"
has the same meaning as in section 113.40 of the Revised Code.
(E) The director shall establish a homeland security advisory
council to advise the director on homeland security, including
homeland security funding efforts. The advisory council shall
include, but not be limited to, state and local government
officials who have homeland security or emergency management
responsibilities and who represent first responders. The director
shall appoint the members of the council, who shall serve without
compensation.
(F) The director of public safety shall adopt rules in
accordance with Chapter 119. of the Revised Code as required by
section 2909.28 of the Revised Code and division (A)(1) of section
2909.32 of the Revised Code. The director shall adopt rules as
required by division (D) of section 2909.32 of the Revised Code,
division (E) of section 2909.33 of the Revised Code, and division
(D) of section 2909.34 of the Revised Code. The director may adopt
rules pursuant to division (A)(2) of section 2909.32 of the
Revised Code, division (A)(2) of section 2909.33 of the Revised
Code, and division (A)(2) of section 2909.34 of the Revised Code.
Section 2. That existing sections 2909.21 and 5502.011 and
sections 2909.32, 2909.33, and 2909.34 of the Revised Code are
hereby repealed.
|
|