Ohio Homeland Security and Senate Bill 9

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Ohio Homeland Security and Senate Bill 9

• An Overview of the Law
• Presented by
• Lewis C. George, Chief Legal Counsel
• Heather S. Reed, Associate Legal Counsel
• Ohio Department of Public Safety

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Summary of Overview

• 1. Declaration of Material Assistance to a
  Terrorist Organization (DMA Forms)
• 2. Law Enforcement Requests for Identification
• 3. New Terrorism-Related Offenses
• 4. U.S. Patriot Act Provisions
• 5. Aircraft Port Provisions
• 6. Registration of Volunteers
• 7. Miscellaneous Provisions

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DMA Forms
DMA forms were created to provide the state with
an additional tool to deter and prosecute acts of
terrorism in Ohio.
Law prohibits government entities from licensing,
hiring, or contracting with persons/entities who
have provided material assistance to a terrorist
organization.
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DMA Forms
General Provisions

• Must be signed by the individual/person
  authorized by the corporation
• Consists of 6 Yes/No questions which relate to
  providing material assistance to a terrorist
  organization
• Must be accompanied by the U.S. Department of
  State Terrorist Exclusion List
• Is NOT required for current public employees and
  companies with current government contracts
• Current holders of identified licenses do NOT
  need to complete a DMA form until the time of
  renewal

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DMA Forms
WHO MUST COMPLETE?
Certain License Holders (RC 2909.32)
Public Employment (RC 2909.34) Government
Contracting (RC 2909.33)
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DMA Forms
Government Contracting

• Private entities must complete DMA before
  entering into
• a contract with a government entity to conduct
  business
• or receive funding in an annual aggregate
  amount
• greater than 100,000.

• Government entities may adopt procedures to pre-
  
• certify a private entity. Pre-certification
  is effective for
• 1 year. False representation is an F5.

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DMA Forms
Answering the DMA

• An answer of Yes to any question or a failure
  to answer No will result in the following
• License Holders Denial of application
• Public Employment Denial of employment
• Government Contract Refusal to conduct
  business/provide funding

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DMA Forms
Appeal Process

• Anyone denied licensure, employment, or contract
  due to DMA
• may appeal to ODPS.
• ODPS will analyze the appeal based on three
  issues. Within 30
• days, ODPS will make its determination.
• Depending on its analysis, ODPS may
• 1. Reinstate the license application
• 2. Void the denial of employment
• 3. Lift the prohibitions against contracting with
  the private entity

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DMA Forms
Penalties
Providing false information on a DMA is an F5
Revocation of license, termination of employment,
loss of contract and permanently banned from
further contracts with government entity
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Law Enforcement Requests for IDPublic Place
(RC 2921.29)

• Law enforcement may request persons name,
  address, and date of birth.
• When person is suspected of or has witnessed
• Felony offense of violence
• Felony with risk of serious physical harm
• Attempt or conspiracy to commit one of the above
  offenses
• Questionable conduct indicating one of the above
  offenses
• Failure to disclose M4
• Exception Do NOT have to disclose age if age is
  an element of the suspected crime.

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Law Enforcement Requests for ID
Transportation Sites (RC 2909.31)

• Law enforcement may request person to show ID
• when there is a threat to security.

• Officer must request ID from all persons
  entering
• the site.

• Only applies in airports, train stations, ports,
• or other critical transportation infrastructure
  sites
• Penalty person prevented from entering site.
• NO criminal offense.

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New Terrorism-Related Offenses
Criminal possession or use of chemical,
biological, radiological, or nuclear weapon or
explosive device. (RC 2909.26, 2909.27)
Illegal assembly or possession of chemicals or
substances for the manufacture of one of the
above devices. (RC 2909.28)
Money laundering in support of terrorism. (RC
2909.29)
Animal or ecological terrorism. (RC 2923.31)
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U.S. Patriot Act Provisions

• State/local employees must comply
• with federal request for assistance in
• HLS matters.

• Municipal corporations may not enact anything
• that materially hinders/prevents compliance
  with the U.S.
• Patriot Act, immigration or terrorism
  investigation, or
• Presidential Executive Order pertaining to HLS.
• Penalty Ineligible for state HLS funding

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Aircraft and Port Provisions

• Registration requirements with DOT for
• aircraft (RC 4561.18) and airports (RC
  4563.30)
• All public and certain private airports
• must prepare written detailed security
• plans (RC 4563.30)

• Registration requirements with DNR
• for certain ports (RC 1547.80)
• Certain ports must prepare written
• detailed security plan (RC 1547.80)

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Registered Volunteers

• Provides liability protection to volunteers
  registered
• with Ohio Community Service Commissions
• Ohio Citizen Corps program when responding
• to an Ohio emergency.

• Professional, contact, and personal information
  of volunteers
• are not public records.

• Provides for the effective organization and
  coordination of volunteers

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Miscellaneous Provisions
Any peace officer may assist any federal law
enforcement officer with arrest authority under
the U.S. Patriot Act, under specified conditions
of danger or serious emergency, or when
circumstances indicate assistance is needed. (RC
2935.033)
Owner/operator of chemical producing facility may
provide a copy of its vulnerability assessment to
specified bodies with emergency responsibilities.
Such information is not a public record, but may
be shared amongst the listed entities. (RC
3750.22)
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Questions?