Bill Text: OH HB130 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: To create the Infrastructure Protection Center within the Division of Homeland Security of the Department of Public Safety.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2011-03-01 - To Transportation, Public Safety & Homeland Security [HB130 Detail]

Download: Ohio-2011-HB130-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 130

Representative Mallory 

Cosponsors: Representatives Yuko, Williams, Antonio, Letson 

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A BILL

To amend section 5502.03 and to enact section 5502.04

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of the Revised Code to create the Infrastructure

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Protection Center within the Division of Homeland

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Security of the Department of Public Safety.

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

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:

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(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) CoordinateThrough the infrastructure protection center	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
including casino facilities, 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, plus	50
on and after October 1, 2009, sixty cents of each fee collected	51
under sections 4505.14 and 4519.63 of the Revised Code as	52
specified in those sections. The fund shall be used to pay the	53
expenses of administering the law relative to the powers and	54
duties of the executive director of the division of homeland	55
security, except that the director of budget and management may	56
transfer excess money from the homeland security fund to the state	57
highway safety fund if the director of public safety determines	58
that the amount of money in the homeland security fund exceeds the	59
amount required to cover such costs incurred by the division of	60
homeland security and requests the director of budget and	61
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:

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(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