As Reported by the House Transportation, Public Safety and Homeland Security Committee

126th General Assembly Regular Session 2005-2006

Sub. S. B. No. 9

Senators Jacobson, Clancy, Gardner, Harris, Spada, Cates, Austria 

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A BILL

To amend sections 2901.13, 2909.21, 2923.31, 2933.51,

1

4507.08, 4561.17, 4561.18, 4561.22, 4931.45,

2

4931.49, 5502.011, 5502.03, 5502.28, and 5502.41,

3

and to enact sections 9.63, 2909.26, 2909.27,

4

2909.28, 2909.29, 2909.30, 2909.31, 2909.32,

5

2909.33, 2909.34, 2921.29, 2935.033, 3750.22, and

6

4563.30 of the Revised Code to establish

7

requirements for state and local compliance with

8

federal homeland security authorities and laws

9

pertaining to terrorism and homeland security; to

10

create criminal offenses for specified acts

11

carried out in support of terrorism; to provide a

12

20-year limitation period for certain

13

terrorism-related offenses; to establish

14

notification requirements regarding illegal aliens

15

convicted of a felony or in custody of the

16

Department of Rehabilitation and Correction; to

17

require individuals to show identification or

18

provide personal information in specified

19

situations; to limit licensing, employing, and

20

doing business with persons who have provided

21

material assistance to an organization on the

22

United States Department of State Terrorist

23

Exclusion List; to expand the definition of

24

"corrupt activity" under the Corrupt Activity Law

25

to include the bill's terrorism-related offenses

26

and animal and ecological terrorism; to include

27

the bill's terrorism-related offenses as

28

"designated offenses" for which an interception

29

warrant may be issued under the Communications

30

Interception Law; to clarify the authority of Ohio

31

peace officers and personnel in the Department of

32

Public Safety to assist federal law enforcement

33

officers; to prohibit the reinstatement of a

34

suspended driver's license to a person who is the

35

subject of an active arrest warrant; to amend

36

specified aspects of the 9-1-1 law; to provide for

37

the establishment of a homeland security advisory

38

council; to designate the National Incident

39

Management System as the standard procedure for

40

incident management within the state; to provide

41

security-related measures for public-use and

42

private-use airports; and to expand the homeland

43

security duties of the Department of Public

44

Safety.

45

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

Section 1. That sections 2901.13, 2909.21, 2923.31, 2933.51,	46
4507.08, 4561.17, 4561.18, 4561.22, 4931.45, 4931.49, 5502.011,	47
5502.03, 5502.28, and 5502.41 be amended and sections 9.63,	48
2909.26, 2909.27, 2909.28, 2909.29, 2909.30, 2909.31, 2909.32,	49
2909.33, 2909.34, 2921.29, 2935.033, 3750.22, and 4563.30 of the	50
Revised Code be enacted to read as follows:	51

Sec. 9.63.  (A) Notwithstanding any law, ordinance, or	52
collective bargaining contract to the contrary, no state or local	53
employee shall unreasonably fail to comply with any lawful request	54
for assistance made by any federal authorities carrying out the	55
provisions of the USA Patriot Act, any federal immigration or	56
terrorism investigation, or any executive order of the president	57
of the United States pertaining to homeland security, to the	58
extent that the request is consistent with the doctrine of	59
federalism.	60

(B) No municipal corporation shall enact an ordinance,	61
policy, directive, rule, or resolution that would materially	62
hinder or prevent local employees from complying with the USA	63
Patriot Act or any executive order of the president of the United	64
States pertaining to homeland security or from cooperating with	65
state or federal immigration services and terrorism	66
investigations.	67

(C)(1) Any municipal corporation that enacts any ordinance,	68
policy, directive, rule, or resolution that division (B) of this	69
section prohibits is ineligible to receive any homeland security	70
funding available from the state.	71

(2) Whenever the director of public safety determines that a	72
municipal corporation has enacted any ordinance, policy,	73
directive, rule, or resolution that division (B) of this section	74
prohibits, the director shall certify that the municipal	75
corporation is ineligible to receive any homeland security funding	76
from the state and shall notify the general assembly of that	77
ineligibility. That municipal corporation shall remain ineligible	78
to receive any homeland security funding from the state until the	79
director certifies that the ordinance, policy, directive, rule, or	80
resolution has been repealed.	81

(D)(1) If a state or local employee states disagreement with,	82
or a critical opinion of, the USA Patriot Act, any federal	83
immigration or terrorism policy, or any executive order of the	84
president of the United States pertaining to homeland security,	85
the statement of disagreement with or critical opinion of the act	86
or order is not sufficient to qualify for purposes of this section	87
as unreasonable noncompliance with a request for assistance of the	88
type division (A) of this section describes.	89

(2) Any municipal corporation's ordinance, policy, directive,	90
rule, or resolution that states disagreement with, or a critical	91
opinion of, any state or federal immigration or terrorism policy,	92
the USA Patriot Act, or any executive order of the president of	93
the United States pertaining to homeland security is not	94
sufficient to qualify as a "material hindrance or prevention" of	95
local employees from cooperating with federal immigration services	96
and terrorism investigations or from complying with the USA	97
Patriot Act or any executive order of the president of the United	98
States pertaining to homeland security for purposes of divisions	99
(B), (C), and (D) of this section.	100

(E) As used in this section, "USA Patriot Act" means the	101
"Uniting and Strengthening America by Providing Appropriate Tools	102
Required to Intercept and Obstruct Terrorism (USA Patriot Act) Act	103
of 2001," Pub. L. No. 107-056, 115 Stat. 272, as amended.	104

Sec. 2901.13.  (A)(1) Except as provided in division (A)(2)	105
or (3) of this section or as otherwise provided in this section, a	106
prosecution shall be barred unless it is commenced within the	107
following periods after an offense is committed:	108

(a) For a felony, six years;

109

(b) For a misdemeanor other than a minor misdemeanor, two	110
years;	111

(c) For a minor misdemeanor, six months.

112

(2) There is no period of limitation for the prosecution of a	113
violation of section 2903.01 or 2903.02 of the Revised Code.	114

(3) Except as otherwise provided in divisions (B) to (H) of	115
this section, a prosecution of any of the following offenses shall	116
be barred unless it is commenced within twenty years after the	117
offense is committed:	118

(a) A violation of section 2903.03, 2903.04, 2905.01,	119
2907.02, 2907.03, 2907.04, 2907.05, 2907.21, 2909.02, 2909.22,	120
2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, 2911.01,	121
2911.02, 2911.11, 2911.12, or 2917.02 of the Revised Code, a	122
violation of section 2903.11 or 2903.12 of the Revised Code if the	123
victim is a peace officer, a violation of section 2903.13 of the	124
Revised Code that is a felony, or a violation of former section	125
2907.12 of the Revised Code;	126

(b) A conspiracy to commit, attempt to commit, or complicity	127
in committing a violation set forth in division (A)(3)(a) of this	128
section.	129

(B) If the period of limitation provided in division (A)(1)	130
or (3) of this section has expired, prosecution shall be commenced	131
for an offense of which an element is fraud or breach of a	132
fiduciary duty, within one year after discovery of the offense	133
either by an aggrieved person, or by the aggrieved person's legal	134
representative who is not a party to the offense.	135

(C) If the period of limitation provided in division (A)(1)	136
or (3) of this section has expired, prosecution shall be commenced	137
for an offense involving misconduct in office by a public servant	138
as defined in section 2921.01 of the Revised Code, at any time	139
while the accused remains a public servant, or within two years	140
thereafter.	141

(D) An offense is committed when every element of the offense	142
occurs. In the case of an offense of which an element is a	143
continuing course of conduct, the period of limitation does not	144
begin to run until such course of conduct or the accused's	145
accountability for it terminates, whichever occurs first.	146

(E) A prosecution is commenced on the date an indictment is	147
returned or an information filed, or on the date a lawful arrest	148
without a warrant is made, or on the date a warrant, summons,	149
citation, or other process is issued, whichever occurs first. A	150
prosecution is not commenced by the return of an indictment or the	151
filing of an information unless reasonable diligence is exercised	152
to issue and execute process on the same. A prosecution is not	153
commenced upon issuance of a warrant, summons, citation, or other	154
process, unless reasonable diligence is exercised to execute the	155
same.	156

(F) The period of limitation shall not run during any time	157
when the corpus delicti remains undiscovered.	158

(G) The period of limitation shall not run during any time	159
when the accused purposely avoids prosecution. Proof that the	160
accused departed this state or concealed the accused's identity or	161
whereabouts is prima-facie evidence of the accused's purpose to	162
avoid prosecution.	163

(H) The period of limitation shall not run during any time a	164
prosecution against the accused based on the same conduct is	165
pending in this state, even though the indictment, information, or	166
process which commenced the prosecution is quashed or the	167
proceedings thereon are set aside or reversed on appeal.	168

(I) As used in this section, "peace officer" has the same	169
meaning as in section 2935.01 of the Revised Code.	170

Sec. 2909.21. As used in sections 2909.21 to 2909.252909.34	171
of the Revised Code:	172

(A) "Act of terrorism" means an act that is committed within	173
or outside the territorial jurisdiction of this state or the	174
United States, that constitutes a specified offense if committed	175
in this state or constitutes an offense in any jurisdiction within	176
or outside the territorial jurisdiction of the United States	177
containing all of the essential elements of a specified offense,	178
and that is intended to do one or more of the following:	179

(1) Intimidate or coerce a civilian population;

180

(2) Influence the policy of any government by intimidation or	181
coercion;	182

(3) Affect the conduct of any government by the act that	183
constitutes the offense.	184

(B) "Biological agent," "delivery system," "toxin," and	185
"vector" have the same meanings as in section 2917.33 of the	186
Revised Code.	187

(C) "Biological weapon" means any biological agent, toxin,	188
vector, or delivery system or combination of any biological agent	189
or agents, any toxin or toxins, any vector or vectors, and any	190
delivery system or systems.	191

(D) "Chemical weapon" means any one or more of the following:

192

(1) Any toxic chemical or precursor of a toxic chemical that	193
is listed in Schedule 1, Schedule 2, or Schedule 3 of the	194
international "Convention on the Prohibition of the Development,	195
Production, Stockpiling and Use of Chemical Weapons and on their	196
Destruction (CWC)," as entered into force on April 29, 1997;	197

(2) A device specifically designed to cause death or other	198
harm through the toxic properties of a toxic chemical or	199
prescursor identified in division (D)(1) of this section that	200
would be created or released as a result of the employment of that	201
device;	202

(3) Any equipment specifically designed for use directly in	203
connection with the employment of devices identified in division	204
(D)(2) of this section;	205

(E) "Radiological or nuclear weapon" means any device that is	206
designed to create or release radiation or radioactivity at a	207
level that is dangerous to human life or in order to cause serious	208
physical harm to persons as a result of the radiation or	209
radioactivity created or released.	210

(F) "Explosive device" has the same meaning as in section	211
2923.11 of the Revised Code.	212

(G) "Key component of a binary or multicomponent chemical	213
system" means the precursor that plays the most important role in	214
determining the toxic properties of the final product and reacts	215
rapidly with other chemicals in the binary or multicomponent	216
chemical system.	217

(H) "Material assistance" means any of the following:

218

(1) Membership in an organization on the United States	219
department of state terrorist exclusion list;	220

(2) Use of the person's position of prominence within any	221
country to persuade others to support an organization on the	222
United States department of state terrorist exclusion list;	223

(3) Knowingly soliciting funds or other things of value for	224
an organization on the United States department of state terrorist	225
exclusion list;	226

(4) Solicitation of any individual for membership in an	227
organization on the United States department of state terrorist	228
exclusion list;	229

(5) Commission of an act that the person knows, or reasonably	230
should have known, affords material support or resources to an	231
organization on the United States department of state terrorist	232
exclusion list;	233

(6) Hiring or compensating a person known by the person	234
hiring or providing the compensation to be a member of an	235
organization on the United States department of state terrorist	236
exclusion list or a person known by the person hiring or providing	237
the compensation to be engaged in planning, assisting, or carrying	238
out an act of terrorism.	239

(I) "Material support or resources" means currency, payment	240
instruments, other financial securities, funds, transfer of funds,	241
financial services, communications, lodging, training, safehouses	242
safe houses, false documentation or identification, communications	243
equipment, facilities, weapons, lethal substances, explosives,	244
personnel, transportation, and other physical assets, except	245
medicine or religious materials.	246

(C)(J) "Payment instrument" means a check, draft, money	247
order, traveler's check, cashier's check, teller's check, or other	248
instrument or order for the transmission or payment of money,	249
regardless of whether the item in question is negotiable.	250

(K) "Peace officer" and "prosecutor" have the same meanings	251
as in section 2935.01 of the Revised Code.	252

(L) "Precursor" means any chemical reactant that takes part	253
at any stage in the production by whatever method of a toxic	254
chemical, including any key component of a binary or	255
multicomponent chemical system.	256

(D)(M) "Response costs" means all costs a political	257
subdivision incurs as a result of, or in making any response to, a	258
threat of a specified offense made as described in section 2909.23	259
of the Revised Code or a specified offense committed as described	260
in section 2909.24 of the Revised Code, including, but not limited	261
to, all costs so incurred by any law enforcement officers,	262
firefighters, rescue personnel, or emergency medical services	263
personnel of the political subdivision and all costs so incurred	264
by the political subdivision that relate to laboratory testing or	265
hazardous material cleanup.	266

(E)(N) "Specified offense" means any of the following:

267

(1) A felony offense of violence, a violation of section	268
2909.04, 2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28,	269
2909.29, or 2927.24 of the Revised Code, or a felony of the first	270
degree that is not a violation of any provision in Chapter 2925.	271
or 3719. of the Revised Code;	272

(2) An attempt to commit, complicity in committing, or a	273
conspiracy to commit an offense listed in division (E)(N)(1) of	274
this section.	275

(O) "Toxic chemical" means any chemical that through its	276
chemical action on life processes can cause death or serious	277
physical harm to persons or animals, regardless of its origin or	278
of its method of production and regardless of whether it is	279
produced in facilities, in munitions, or elsewhere.	280

(P) "United States department of state terrorist exclusion	281
list" and "terrorist exclusion list" means the list compiled by	282
the United States secretary of state, in consultation with or upon	283
the request of the United States attorney general, that designates	284
terrorist organizations for immigration purposes, as authorized by	285
the "Uniting and Strengthening America by Providing Appropriate	286
Tools Required to Intercept and Obstruct Terrorism (USA Patriot	287
Act) Act of 2001," Pub. L. No. 107-056, 115 Stat. 272, as amended.	288

(Q) "Hazardous radioactive substance" means any substance or	289
item that releases or is designed to release radiation or	290
radioactivity at a level dangerous to human life.	291

Sec. 2909.26.  (A) No person shall knowingly possess any	292
chemical weapon, biological weapon, radiological or nuclear	293
weapon, or explosive device with the intent to use it to cause	294
serious physical harm or death to another person.	295

(B) No person shall knowingly possess any chemical weapon,	296
biological weapon, radiological or nuclear weapon, or explosive	297
device with intent to use the weapon to do any of the following:	298

(1) Intimidate or coerce a civilian population;

299

(2) Influence the policy of any government by intimidation or	300
coercion;	301

(3) Affect the conduct of any government by murder,	302
assassination, or kidnapping.	303

(C) Whoever violates this section is guilty of criminal	304
possession of a chemical weapon, biological weapon, radiological	305
or nuclear weapon, or explosive device. A violation of division	306
(A) of this section is a felony of the third degree. A violation	307
of division (B) of this section is a felony of the second degree.	308

(D) This section does not apply when the items described in	309
division (A) of this section are possessed for a purpose related	310
to the performance of official duties related to any military	311
purpose of the United States and any law enforcement purpose,	312
including any domestic riot control purpose.	313

Sec. 2909.27.  (A) No person shall recklessly use, deploy,	314
release, or cause to be used, deployed, or released any chemical	315
weapon, biological weapon, radiological or nuclear weapon, or	316
explosive device that creates a risk of death or serious physical	317
harm to another person not a participant in the offense.	318

(B) No person shall knowingly use, deploy, release, or cause	319
to be used, deployed, or released any chemical weapon, biological	320
weapon, radiological or nuclear weapon, or explosive device with	321
the intent to do any of the following:	322

(1) Intimidate or coerce a civilian population;

323

(2) Influence the policy of any government by intimidation or	324
coercion;	325

(3) Affect the conduct of any government by murder,	326
assassination, or kidnapping;	327

(4) Cause physical harm to, or the death of, any person who	328
is not a participant in the offense.	329

(C) Whoever violates this section is guilty of criminal use	330
of a chemical weapon, biological weapon, radiological or nuclear	331
weapon, or explosive device. A violation of division (A) of this	332
section is a felony of the second degree. A violation of division	333
(B) of this section is a felony of the first degree.	334

(D)(1) Division (A) of this section does not apply to any	335
person who uses any of the following:	336

(a) Any household product that is generally available for	337
sale to consumers in this state in the quantity and concentration	338
available for sale to those consumers;	339

(b) A self-defense spray;

340

(c) A biological agent, toxin, or delivery system the person	341
possesses solely for protective, bona fide research, or other	342
peaceful purposes;	343

(d) A chemical weapon that the person possesses solely for a	344
purpose not prohibited under this section if the type and quantity	345
is consistent with that purpose.	346

(2) For purposes of this division, "a purpose not prohibited	347
under this section" means any of the following:	348

(a) Any peaceful purpose related to an industrial,	349
agricultural, research, medical, or pharmaceutical activity or	350
other peaceful activity;	351

(b) Any purpose directly related to protection against toxic	352
chemicals and to protection against chemical weapons;	353

(c) Any military purpose of the United States that is not	354
connected with the use of a chemical weapon or that is not	355
dependent on the use of the toxic or poisonous properties of the	356
chemical weapon to cause death or other harm, when related to the	357
performance of official duties;	358

(d) Any law enforcement purpose, including any domestic riot	359
control purpose, when related to the performance of official	360
duties.	361

Sec. 2909.28.  (A) No person, with the intent to manufacture	362
a chemical weapon, biological weapon, radiological or nuclear	363
weapon, or explosive device, shall knowingly assemble or possess	364
one or more toxins, toxic chemicals, precursors of toxic	365
chemicals, vectors, biological agents, or hazardous radioactive	366
substances, including, but not limited to, those listed in rules	367
the director of public safety adopts, that may be used to	368
manufacture a chemical weapon, biological weapon, radiological or	369
nuclear weapon, or explosive device.	370

(B) In a prosecution under this section, it is not necessary	371
to allege or prove that the offender assembled or possessed all	372
chemicals or substances necessary to manufacture a chemical	373
weapon, biological weapon, radiological or nuclear weapon, or	374
explosive device. The assembly or possession of a single chemical	375
or substance, with the intent to use that chemical or substance in	376
the manufacture of a chemical weapon, biological weapon,	377
radiological or nuclear weapon, or explosive device, is sufficient	378
to violate this section.	379

(C) Whoever violates this section is guilty of illegal	380
assembly or possession of chemicals or substances for the	381
manufacture of a chemical weapon, biological weapon, radiological	382
or nuclear weapon, or explosive device, which is a felony of the	383
fourth degree.	384

(D) This section does not apply when the items described in	385
division (A) of this section are assembled or possessed for a	386
purpose related to the performance of official duties related to	387
any military purpose of the United States and any law enforcement	388
purpose, including any domestic riot control purpose.	389

Sec. 2909.29.  (A) No person, knowing that property is the	390
proceeds of an act of terrorism or a monetary instrument given,	391
received, or intended to be used in support of an act of	392
terrorism, shall conduct or attempt to conduct any transaction	393
involving that property or transport, transmit or tansfer that	394
monetary instrument with the intent to do any of the following:	395

(1) Commit or further the commission of criminal activity;

396

(2) Conceal or disguise the nature, location, source,	397
ownership, or control of either the proceeds of an act of	398
terrorism or a monetary instrument given, received, or intended to	399
be used to support an act of terrorism;	400

(3) Conceal or disguise the intent to avoid a transaction	401
reporting requirement under section 1315.53 of the Revised Code or	402
federal law.	403

(B)(1) Whoever violates this section is guilty of money	404
laundering in support of terrorism, which is a misdemeanor of the	405
first degree, except as otherwise provided in this division.	406

(2) A violation of division (A) of this section is a felony	407
of the fifth degree if the total value of the property or monetary	408
instrument involved in the transaction equals or exceeds one	409
thousand dollars and is less than five thousand dollars.	410

(3) Money laundering in support of terrorism is a felony of	411
the fourth degree if the total value of the property or monetary	412
instrument involved in the transaction equals or exceeds five	413
thousand dollars and is less than twenty-five thousand dollars.	414

(4) Money laundering in support of terrorism is a felony of	415
the third degree if the total value of the property or monetary	416
instrument involved in the transaction equals or exceeds	417
twenty-five thousand dollars and is less than seventy-five	418
thousand dollars.	419

(5) Money laundering in support of terrorism is a felony of	420
the second degree if the total value of the property or monetary	421
instrument involved in the transaction equals or exceeds	422
seventy-five thousand dollars.	423

Sec. 2909.30.  (A) A judge of a court of record shall direct	424
the clerk of that court to notify the immigration and customs	425
enforcement section of the United States department of homeland	426
security when a suspected alien has been convicted of or pleaded	427
guilty to a felony.	428

(B) The department of rehabilitation and correction monthly	429
shall compile a list of suspected aliens who are serving a prison	430
term. The list shall include the earliest possible date of release	431
of the offender, whether through expiration of prison term,	432
parole, or other means. The department shall provide a copy of the	433
list to the immigration and customs enforcement section of the	434
United States department of homeland security for the section to	435
determine whether it wishes custody of the suspected alien. If the	436
immigration and customs enforcement section indicates it wishes	437
custody, the department of rehabilitation and correction is	438
responsible for the suspected alien until the section takes	439
custody.	440

(C) The department of rehabilitation and correction, pursuant	441
to a valid detainer lodged against an alien who is not legally	442
present in the United States and who has been convicted of or	443
pleaded guilty to a felony, shall transfer that alien to the	444
custody of the immigration and enforcement section of the United	445
States department of homeland security upon completion of the	446
alien's prison term.	447

(D) As used in this section, "alien" means an individual who	448
is not a citizen of the United States.	449

Sec. 2909.31. (A) No person entering an airport, train	450
station, port, or other critical transportation infrastructure	451
site shall refuse to show identification when requested by a law	452
enforcement officer when there is a threat to security and the law	453
enforcement officer is requiring identification of all persons	454
entering the site.	455

(B) A law enforcement officer may prevent any person who	456
refuses to show identification when asked under the circumstances	457
described in division (A) of this section from entering the	458
critical transportation infrastructure site.	459

Sec. 2909.32.  (A)(1) The director of public safety shall	460
adopt rules in accordance with Chapter 119. of the Revised Code to	461
identify licenses the state issues for which a holder with a	462
connection to a terrorist organization would present a potential	463
risk to the residents of this state. The rules shall not identify	464
a renewable driver's license or permit as a license of this nature	465
if the applicant is a resident of this state.	466

(2)(a) The director shall develop a questionnaire for	467
agencies to use to identify whether an applicant for a license or	468
the renewal of a license has provided material assistance to an	469
organization listed in the United States department of state	470
terrorist exclusion list. The questionnaire shall be substantially	471
in the form and of the same content as set forth in division	472
(A)(2)(b) of this section. The director shall make the	473
questionnaire available to each issuing agency of a license the	474
director identifies pursuant to division (A)(1) of this section,	475
along with a then-current copy of the United States department of	476
state terrorist exclusion list. The director may adopt rules	477
governing the development of the questionnaire and the	478
distribution of the questionnaire and the list.	479

(b) The questionnaire this section requires shall be	480
substantially as follows and shall include the following questions	481
and the associated spaces for answering the questions:	482

"QUESTIONNAIRE, REGARDING MATERIAL ASSISTANCE

483

TO TERRORIST ORGANIZATION

484

(1) Are you a member of an organization on the U.S.	485
Department of State Terrorist Exclusion List? Yes .....; No ......	486

(2) Have you used any position of prominence you have within	487
any country to persuade others to support an organization on the	488
U.S. Department of State Terrorist Exclusion List? Yes .....; No	489
......	490

(3) Have you knowingly solicited funds or other things of	491
value for an organization on the U.S. Department of State	492
Terrorist Exclusion List? Yes .....; No ......	493

(4) Have you solicited any individual for membership in an	494
organization on the U.S. Department of State Terrorist Exclusion	495
List? Yes .....; No ......	496

(5) Have you committed an act that you know, or reasonably	497
should have known, affords "material support or resources" (see	498
below) to an organization on the U.S. Department of State	499
Terrorist Exclusion List? Yes .....; No ......	500

(6) Have you hired or compensated a person you knew to be a	501
member of an organization on the U.S. Department of State	502
Terrorist Exclusion List or a person you knew to be engaged in	503
planning, assisting, or carrying out an act of terrorism? Yes	504
.....; No ......	505

For purposes of this questionnaire, "material support or	506
resources" means currency, payment instruments, other financial	507
securities, funds, transfer of funds, and financial services that	508
are in excess of one hundred dollars, as well as communications,	509
lodging, training, safe houses, false documentation or	510
identification, communications equipment, facilities, weapons,	511
lethal substances, explosives, personnel, transportation, and	512
other physical assets, except medicine or religious materials."	513

(B)(1) Any agency that issues a license the director	514
identifies pursuant to division (A)(1) of this section shall	515
include with the agency's application form a copy of the	516
questionnaire the director develops pursuant to this section and a	517
then-current copy of the terrorist exclusion list. The agency	518
shall inform applicants that they must truthfully answer each	519
question on the questionnaire.	520

(2) Any person provided a questionnaire pursuant to this	521
section shall answer each question on the questionnaire and shall	522
attach the completed questionnaire to the application for the	523
license or the license renewal.	524

(C)(1) Any answer of "yes" to any question, or the failure to	525
answer "no" to any question, on a questionnaire an agency provides	526
pursuant to this section shall serve for purposes of this section	527
as a disclosure that the applicant has provided material	528
assistance to an organization listed on the terrorist exclusion	529
list.	530

(2) Any person who discloses the provision of material	531
assistance to any organization on the terrorist exclusion list	532
shall be denied the license or the renewal of the license unless	533
the department of public safety reinstates the application	534
pursuant to division (D) of this section.	535

(D) The department of public safety, upon an applicant's	536
request, shall review within thirty days of that request an	537
application for any license or renewal that was denied under	538
division (C) of this section. The department shall reinstate the	539
license application for good cause if it determines all of the	540
following pursuant to guidelines the director adopts by rule:	541

(1) That the provision of material assistance to an	542
organization on the terrorist exclusion list was made more than	543
ten years prior to the time of the application, or the applicant	544
provided material assistance during the ten years prior to the	545
application and the date of the review, but at the time of the	546
assistance, the organization was either not on the list or was not	547
involved in any activity or conduct that would have merited	548
inclusion on the list had it existed at the time, or at the time	549
of the assistance it was not reasonable to know of the	550
organization's activities that would have merited its inclusion on	551
the list.	552

(2) That the applicant is unlikely in the future to provide	553
material assistance to any organization on the terrorist exclusion	554
list;	555

(3) That the applicant does not pose a risk to the residents	556
of this state.	557

(E) The failure of an applicant for a license to complete and	558
attach a questionnaire as this section requires, the failure to	559
disclose material assistance to an organization on the terrorist	560
exclusion list, or the making of false statements regarding	561
material assistance to an organization the applicant knew or	562
should have known was on the terrorist exclusion list, shall	563
result in the denial of the application and in the revocation of	564
the license.	565

(F) The failure of an applicant for a license to disclose, as	566
this section requires, the provision of material assistance to an	567
organization on the terrorist exclusion list or knowingly making	568
false statements regarding material assistance to an organization	569
on that list is a felony of the fifth degree.	570

(G) An issuing agency shall notify the department of public	571
safety if it denies an application for a license or the renewal of	572
a license because the applicant disclosed the provision of	573
material assistance to an organization listed on the terrorist	574
exclusion list.	575

Sec. 2909.33. (A)(1) The director of public safety shall	576
develop a questionnaire for the state, any instrumentality of the	577
state, and any political subdivision of the state to use to	578
determine whether any person, company, affiliated group, or	579
organization, or person who holds, owns, or otherwise has a	580
controlling interest in a company, affiliated group, or	581
organization, has provided material assistance to an organization	582
listed on the United States department of state terrorist	583
exclusion list. The questionnaire shall be substantially in the	584
same format and of the same content as set forth in division	585
(A)(2)(b) of section 2909.32 of the Revised Code.	586

(2) The director shall make the questionnaire available to	587
the state, instrumentalities of the state, and political	588
subdivisions of the state, along with a then-current copy of the	589
terrorist exclusion list. The director may adopt rules that govern	590
the preparation of the questionnaire and the distribution of the	591
questionnaire and terrorist exclusion list.	592

(3)(a) Any state agency, instrumentality, or political	593
subdivision of the state, for purposes of business it conducts and	594
funding it provides, may adopt a procedure under which it	595
precertifies any person, company, affiliated group, or	596
organization as not providing material assistance to an	597
organization on the terrorist exclusion list. The precertification	598
this division describes shall be granted to any person, company,	599
affiliated group, or organization that submits a completed copy of	600
the questionnaire developed pursuant to this section, with an	601
answer of "no" to all questions. A precertification pursuant to	602
this division is effective for one year.	603

(b) Any person, company, affiliated group, or organization	604
that is precertified pursuant to this division and that takes any	605
action or learns of anything that would result in an answer of	606
"yes" to any question on the questionnaire this division requires,	607
shall cease to represent that it is precertified and, within	608
thirty days of taking that action or learning the new information,	609
shall notify every state agency, instrumentality, or political	610
subdivision with which it is precertified to request the	611
precertification be rescinded.	612

(c) When applying for a contract, falsely representing	613
precertification, or representing precertification when that	614
precertification has been rescinded or should have been rescinded	615
pursuant to this division, is a felony of the fifth degree.	616

(B) Any person who is provided a questionnaire pursuant to	617
this section shall complete that questionnaire. Any answer of	618
"yes" to any question, or the failure to answer "no" to any	619
question, on the questionnaire shall serve for purposes of this	620
section as a disclosure of the provision of material assistance to	621
an organization that is listed on the terrorist exclusion list.	622

(C) Prior to entering into a contract to conduct business or	623
receive funding, any person, company, affiliated group, or	624
organization, and any person who holds, owns, or otherwise has a	625
controlling interest in a company, affiliated group, or	626
organization that conducts any business with or receives funding	627
in an aggregate amount greater than one hundred thousand dollars	628
annually from the state, any instrumentality of the state, and any	629
political subdivision of the state, excluding the amount of any	630
personal benefit, shall certify that it does not provide material	631
assistance to any organization on the United States department of	632
state terrorist exclusion list. The certification shall be made by	633
completing the questionnaire described in division (A) of this	634
section.	635

(D)(1) The state, an instrumentality of the state, or a	636
political subdivision of the state shall conduct no business with	637
or provide any funding to any person, company, affiliated group or	638
organization, or any person who has a controlling interest in a	639
company, affiliated group, or organization unless that person,	640
company, affiliated group, or organization is certified as	641
division (C) of this section requires. The state, instrumentality,	642
or subdivision shall provide the questionnaire developed pursuant	643
to division (A) of this section, along with a then-current copy of	644
the terrorist exclusion list, to any person, company, affiliated	645
group, or organization that is not precertified and for which	646
certification is required. If a contract is entered into pursuant	647
to competitive bidding or another competitive process, the state,	648
instrumentality, or subdivision need provide the questionnaire and	649
list only to the person selected and only if that person is not	650
precertified.	651

(2) No person, company, affiliated group or organization, or	652
any person who holds, owns, or otherwise has a controlling	653
interest in a company, affiliated group, or organization shall	654
enter into a contract to conduct business with or receive funding	655
from the state, an instrumentality of the state, or a political	656
subdivision of the state unless it is certified as division (C) of	657
this section requires.	658

(E) The department of public safety shall review, within	659
thirty days of a request from any person, company, affiliated	660
group, or organization that disclosed the provision of material	661
assistance to an organization listed on the terrorist exclusion	662
list, whether the prohibitions against doing business or receiving	663
funding set forth in divisions (D)(1) and (D)(2) of this section	664
should apply. The department shall order that the prohibitions do	665
not apply if it determines all of the following pursuant to	666
guidelines the director adopts by rule:	667

(1) That the provision of material assistance to an	668
organization on the terrorist exclusion list was made more than	669
ten years prior to the time the questionnaire was filled out, or	670
the material assistance was provided during the ten years prior to	671
the application and the date of the review, but at the time of the	672
assistance, the organization was either not on the list or would	673
not have merited inclusion had it existed at the time, or at the	674
time of the assistance it was not reasonable to know of the	675
organization's activities that would have merited its inclusion on	676
the list.	677

(2) That it is unlikely in the future that the person,	678
company, affiliated group, or organization will provide material	679
assistance to any organization on the terrorist exclusion list;	680

(3) The person, company, affiliated group, or organization	681
does not pose a risk to the residents of this state.	682

(F) Any person, company, affiliated group, or organization	683
that had not provided material assistance at the time a	684
questionnaire was answered, but starts providing material	685
assistance to an organization on the terrorist exclusion list	686
during the course of doing business with or receiving funding from	687
the state, an instrumentality of the state, or a subdivision of	688
the state, is prohibited from entering into additional contracts	689
to do business with or receive funding from the state, any	690
instrumentality, or any subdivision for a period of ten years	691
after the provision of material assistance is discovered.	692

(G) Any person, company, affiliated group, or organization	693
that knowingly provides a false certification pursuant to this	694
section is permanently banned from conducting business with or	695
receiving funding from the state, an instrumentality of the state,	696
or a political subdivision of the state and is guilty of a felony	697
of the fifth degree.	698

(H) This section does not apply to the following types of	699
transactions:	700

(1) An investment in a company that is publicly traded in any	701
United States market;	702

(2) An investment that is traded on a foreign market where	703
United States investors regularly make investments;	704

(3) An investment that is made through an agent or investment	705
manager who has a fiduciary responsibility to the investor;	706

(4) An investment in public agency debt;

707

(5) An investment in derivatives that are regulated by a	708
government agency.	709

(I) As used in this section, "personal benefit" means money,	710
goods, services, pensions, disability and survivor benefits, or	711
other things of value provided by the United States, the state, or	712
a political subdivision of the state to which the recipient is	713
entitled by reason of age, medical condition, or a financial need	714
that is established pursuant to an act of congress or the general	715
assembly.	716

Sec. 2909.34.  (A)(1) The director of public safety shall	717
develop a questionnaire for the state, instrumentalities of the	718
state, and political subdivisions of the state to use to determine	719
whether any potential employee has provided material assistance to	720
an organization listed on the United States department of state	721
terrorist exclusion list. The questionnaire shall be substantially	722
in the same format and of the same content as set forth in	723
division (A)(2)(b) of section 2909.32 of the Revised Code.	724

(2) The director shall make the questionnaire available to	725
the state, instrumentalities of the state, and political	726
subdivisions of the state, along with a then-current copy of the	727
terrorist exclusion list. The director may adopt rules that govern	728
the preparation and distribution of the questionnaire and the	729
terrorist exclusion list.	730

(B) Any person who is provided a questionnaire pursuant to	731
this section shall complete the questionnaire. Any answer of "yes"	732
to any questions, or the failure to answer "no" to any question,	733
on the questionnaire shall serve for purposes of this section as a	734
disclosure of the provision of material assistance to an	735
organization that is listed on the terrorist exclusion list.	736

(C) The state, a state instrumentality, or a political	737
subdivision of the state shall provide each person who is under	738
final consideration for employment with a copy of the	739
questionnaire and a then-current copy of the terrorist exclusion	740
list. The state, instrumentality, or subdivision shall not employ	741
any person who discloses the provision of material assistance to	742
an organization that is listed on the terrorist exclusion list.	743

(D) The department of public safety, upon the request of any	744
person who has been denied employment under division (C) of this	745
section, shall review the request within thirty days to determine	746
if the denial of employment should be voided. The department shall	747
void that denial if it determines all of the following pursuant to	748
guidelines the director adopts by rule:	749

(1) That the provision of material assistance to an	750
organization on the terrorist exclusion list was made more than	751
ten years prior to the time the questionnaire was filled out, or	752
the material assistance was provided during the ten years prior to	753
the application and the date of the review, but at the time of the	754
assistance, the organization was either not on the list or would	755
not have merited inclusion on the list had it existed at the time,	756
or at the time of the assistance it was not reasonable to know of	757
the organization's activities that would have merited its	758
inclusion on the list.	759

(2) That it is unlikely in the future that the person will	760
provide material assistance to any organization on the terrorist	761
exclusion list;	762

(3) The person does not pose a risk to the residents of the	763
state.	764

(E) The failure of an applicant for employment to disclose,	765
as this section requires, the provision of material assistance to	766
an organization on the terrorist exclusion list, or knowingly	767
making false statements regarding material assistance to an	768
organization on that list, is a felony of the fifth degree.	769

Sec. 2921.29.  (A) No person who is in a public place shall	770
refuse to disclose the person's name, address, or date of birth,	771
when requested by a law enforcement officer who reasonably	772
suspects either of the following:	773

(1) The person is committing, has committed, or is about to	774
commit a criminal offense.	775

(2) The person witnessed any of the following:

776

(a) An offense of violence that would constitute a felony	777
under the laws of this state;	778

(b) A felony offense that causes or results in, or creates a	779
substantial risk of, serious physical harm to another person or to	780
property;	781

(c) Any attempt or conspiracy to commit, or complicity in	782
committing, any offense identified in division (A)(2)(a) or (b) of	783
this section;	784

(d) Any conduct reasonably indicating that any offense	785
identified in division (A)(2)(a) or (b) of this section or any	786
attempt, conspiracy, or complicity described in division (A)(2)(c)	787
of this section has been, is being, or is about to be committed.	788

(B) Whoever violates this section is guilty of failure to	789
disclose one's personal information, a misdemeanor of the fourth	790
degree.	791

(C) Nothing in this section requires a person to answer any	792
questions beyond that person's name, address, or date of birth.	793
Nothing in this section authorizes a law enforcement officer to	794
arrest a person for not providing any information beyond that	795
person's name, address, or date of birth.	796

(D) It is not a violation of this section to refuse to answer	797
a question that would reveal a person's age or date of birth if	798
age is an element of the crime that the person is suspected of	799
committing.	800

Sec. 2923.31.  As used in sections 2923.31 to 2923.36 of the	801
Revised Code:	802

(A) "Beneficial interest" means any of the following:

803

(1) The interest of a person as a beneficiary under a trust	804
in which the trustee holds title to personal or real property;	805

(2) The interest of a person as a beneficiary under any other	806
trust arrangement under which any other person holds title to	807
personal or real property for the benefit of such person;	808

(3) The interest of a person under any other form of express	809
fiduciary arrangement under which any other person holds title to	810
personal or real property for the benefit of such person.	811

"Beneficial interest" does not include the interest of a	812
stockholder in a corporation or the interest of a partner in	813
either a general or limited partnership.	814

(B) "Costs of investigation and prosecution" and "costs of	815
investigation and litigation" mean all of the costs incurred by	816
the state or a county or municipal corporation under sections	817
2923.31 to 2923.36 of the Revised Code in the prosecution and	818
investigation of any criminal action or in the litigation and	819
investigation of any civil action, and includes, but is not	820
limited to, the costs of resources and personnel.	821

(C) "Enterprise" includes any individual, sole	822
proprietorship, partnership, limited partnership, corporation,	823
trust, union, government agency, or other legal entity, or any	824
organization, association, or group of persons associated in fact	825
although not a legal entity. "Enterprise" includes illicit as well	826
as licit enterprises.	827

(D) "Innocent person" includes any bona fide purchaser of	828
property that is allegedly involved in a violation of section	829
2923.32 of the Revised Code, including any person who establishes	830
a valid claim to or interest in the property in accordance with	831
division (E) of section 2923.32 of the Revised Code, and any	832
victim of an alleged violation of that section or of any	833
underlying offense involved in an alleged violation of that	834
section.	835

(E) "Pattern of corrupt activity" means two or more incidents	836
of corrupt activity, whether or not there has been a prior	837
conviction, that are related to the affairs of the same	838
enterprise, are not isolated, and are not so closely related to	839
each other and connected in time and place that they constitute a	840
single event.	841

At least one of the incidents forming the pattern shall occur	842
on or after January 1, 1986. Unless any incident was an aggravated	843
murder or murder, the last of the incidents forming the pattern	844
shall occur within six years after the commission of any prior	845
incident forming the pattern, excluding any period of imprisonment	846
served by any person engaging in the corrupt activity.	847

For the purposes of the criminal penalties that may be	848
imposed pursuant to section 2923.32 of the Revised Code, at least	849
one of the incidents forming the pattern shall constitute a felony	850
under the laws of this state in existence at the time it was	851
committed or, if committed in violation of the laws of the United	852
States or of any other state, shall constitute a felony under the	853
law of the United States or the other state and would be a	854
criminal offense under the law of this state if committed in this	855
state.	856

(F) "Pecuniary value" means money, a negotiable instrument, a	857
commercial interest, or anything of value, as defined in section	858
1.03 of the Revised Code, or any other property or service that	859
has a value in excess of one hundred dollars.	860

(G) "Person" means any person, as defined in section 1.59 of	861
the Revised Code, and any governmental officer, employee, or	862
entity.	863

(H) "Personal property" means any personal property, any	864
interest in personal property, or any right, including, but not	865
limited to, bank accounts, debts, corporate stocks, patents, or	866
copyrights. Personal property and any beneficial interest in	867
personal property are deemed to be located where the trustee of	868
the property, the personal property, or the instrument evidencing	869
the right is located.	870

(I) "Corrupt activity" means engaging in, attempting to	871
engage in, conspiring to engage in, or soliciting, coercing, or	872
intimidating another person to engage in any of the following:	873

(1) Conduct defined as "racketeering activity" under the	874
"Organized Crime Control Act of 1970," 84 Stat. 941, 18 U.S.C.	875
1961(1)(B), (1)(C), (1)(D), and (1)(E), as amended;	876

(2) Conduct constituting any of the following:

877

(a) A violation of section 1315.55, 1322.02, 2903.01,	878
2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02,	879
2905.11, 2905.22, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03,	880
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29,	881
2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.31, 2913.05,	882
2913.06, 2921.02, 2921.03, 2921.04, 2921.11, 2921.12, 2921.32,	883
2921.41, 2921.42, 2921.43, 2923.12, or 2923.17; division	884
(F)(1)(a), (b), or (c) of section 1315.53; division (A)(1) or (2)	885
of section 1707.042; division (B), (C)(4), (D), (E), or (F) of	886
section 1707.44; division (A)(1) or (2) of section 2923.20;	887
division (J)(1) of section 4712.02; section 4719.02, 4719.05, or	888
4719.06; division (C), (D), or (E) of section 4719.07; section	889
4719.08; or division (A) of section 4719.09 of the Revised Code.	890

(b) Any violation of section 3769.11, 3769.15, 3769.16, or	891
3769.19 of the Revised Code as it existed prior to July 1, 1996,	892
any violation of section 2915.02 of the Revised Code that occurs	893
on or after July 1, 1996, and that, had it occurred prior to that	894
date, would have been a violation of section 3769.11 of the	895
Revised Code as it existed prior to that date, or any violation of	896
section 2915.05 of the Revised Code that occurs on or after July	897
1, 1996, and that, had it occurred prior to that date, would have	898
been a violation of section 3769.15, 3769.16, or 3769.19 of the	899
Revised Code as it existed prior to that date.	900

(c) Any violation of section 2907.21, 2907.22, 2907.31,	901
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42,	902
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37	903
of the Revised Code, any violation of section 2925.11 of the	904
Revised Code that is a felony of the first, second, third, or	905
fourth degree and that occurs on or after July 1, 1996, any	906
violation of section 2915.02 of the Revised Code that occurred	907
prior to July 1, 1996, any violation of section 2915.02 of the	908
Revised Code that occurs on or after July 1, 1996, and that, had	909
it occurred prior to that date, would not have been a violation of	910
section 3769.11 of the Revised Code as it existed prior to that	911
date, any violation of section 2915.06 of the Revised Code as it	912
existed prior to July 1, 1996, or any violation of division (B) of	913
section 2915.05 of the Revised Code as it exists on and after July	914
1, 1996, when the proceeds of the violation, the payments made in	915
the violation, the amount of a claim for payment or for any other	916
benefit that is false or deceptive and that is involved in the	917
violation, or the value of the contraband or other property	918
illegally possessed, sold, or purchased in the violation exceeds	919
five hundred dollars, or any combination of violations described	920
in division (I)(2)(c) of this section when the total proceeds of	921
the combination of violations, payments made in the combination of	922
violations, amount of the claims for payment or for other benefits	923
that is false or deceptive and that is involved in the combination	924
of violations, or value of the contraband or other property	925
illegally possessed, sold, or purchased in the combination of	926
violations exceeds five hundred dollars;	927

(d) Any violation of section 5743.112 of the Revised Code	928
when the amount of unpaid tax exceeds one hundred dollars;	929

(e) Any violation or combination of violations of section	930
2907.32 of the Revised Code involving any material or performance	931
containing a display of bestiality or of sexual conduct, as	932
defined in section 2907.01 of the Revised Code, that is explicit	933
and depicted with clearly visible penetration of the genitals or	934
clearly visible penetration by the penis of any orifice when the	935
total proceeds of the violation or combination of violations, the	936
payments made in the violation or combination of violations, or	937
the value of the contraband or other property illegally possessed,	938
sold, or purchased in the violation or combination of violations	939
exceeds five hundred dollars;	940

(f) Any combination of violations described in division	941
(I)(2)(c) of this section and violations of section 2907.32 of the	942
Revised Code involving any material or performance containing a	943
display of bestiality or of sexual conduct, as defined in section	944
2907.01 of the Revised Code, that is explicit and depicted with	945
clearly visible penetration of the genitals or clearly visible	946
penetration by the penis of any orifice when the total proceeds of	947
the combination of violations, payments made in the combination of	948
violations, amount of the claims for payment or for other benefits	949
that is false or deceptive and that is involved in the combination	950
of violations, or value of the contraband or other property	951
illegally possessed, sold, or purchased in the combination of	952
violations exceeds five hundred dollars.	953

(3) Conduct constituting a violation of any law of any state	954
other than this state that is substantially similar to the conduct	955
described in division (I)(2) of this section, provided the	956
defendant was convicted of the conduct in a criminal proceeding in	957
the other state;	958

(4) Animal or ecological terrorism.

959

(J) "Real property" means any real property or any interest	960
in real property, including, but not limited to, any lease of, or	961
mortgage upon, real property. Real property and any beneficial	962
interest in it is deemed to be located where the real property is	963
located.	964

(K) "Trustee" means any of the following:

965

(1) Any person acting as trustee under a trust in which the	966
trustee holds title to personal or real property;	967

(2) Any person who holds title to personal or real property	968
for which any other person has a beneficial interest;	969

(3) Any successor trustee.

970

"Trustee" does not include an assignee or trustee for an	971
insolvent debtor or an executor, administrator, administrator with	972
the will annexed, testamentary trustee, guardian, or committee,	973
appointed by, under the control of, or accountable to a court.	974

(L) "Unlawful debt" means any money or other thing of value	975
constituting principal or interest of a debt that is legally	976
unenforceable in this state in whole or in part because the debt	977
was incurred or contracted in violation of any federal or state	978
law relating to the business of gambling activity or relating to	979
the business of lending money at an usurious rate unless the	980
creditor proves, by a preponderance of the evidence, that the	981
usurious rate was not intentionally set and that it resulted from	982
a good faith error by the creditor, notwithstanding the	983
maintenance of procedures that were adopted by the creditor to	984
avoid an error of that nature.	985

(M) "Animal activity" means any activity that involves the	986
use of animals or animal parts, including, but not limited to,	987
hunting, fishing, trapping, traveling, camping, the production,	988
preparation, or processing of food or food products, clothing or	989
garment manufacturing, medical research, other research,	990
entertainment, recreation, agriculture, biotechnology, or service	991
activity that involves the use of animals or animal parts.	992

(N) "Animal facility" means a vehicle, building, structure,	993
nature preserve, or other premises in which an animal is lawfully	994
kept, handled, housed, exhibited, bred, or offered for sale,	995
including, but not limited to, a zoo, rodeo, circus, amusement	996
park, hunting preserve, or premises in which a horse or dog event	997
is held.	998

(O) "Animal or ecological terrorism" means the commission of	999
any felony that involves causing or creating a substantial risk of	1000
physical harm to any property of another, the use of a deadly	1001
weapon or dangerous ordnance, or purposely, knowingly, or	1002
recklessly causing serious physical harm to property and that	1003
involves an intent to obstruct, impede, or deter any person from	1004
participating in a lawful animal activity, from mining, foresting,	1005
harvesting, gathering, or processing natural resources, or from	1006
being lawfully present in or on an animal facility or research	1007
facility.	1008

(P) "Research facility" means a place, laboratory,	1009
institution, medical care facility, government facility, or public	1010
or private educational institution in which a scientific test,	1011
experiment, or investigation involving the use of animals or other	1012
living organisms is lawfully carried out, conducted, or attempted.	1013

Sec. 2933.51.  As used in sections 2933.51 to 2933.66 of the	1014
Revised Code:	1015

(A) "Wire communication" means an aural transfer that is made	1016
in whole or in part through the use of facilities for the	1017
transmission of communications by the aid of wires or similar	1018
methods of connecting the point of origin of the communication and	1019
the point of reception of the communication, including the use of	1020
a method of connecting the point of origin and the point of	1021
reception of the communication in a switching station, if the	1022
facilities are furnished or operated by a person engaged in	1023
providing or operating the facilities for the transmission of	1024
communications. "Wire communication" includes an electronic	1025
storage of a wire communication.	1026

(B) "Oral communication" means an oral communication uttered	1027
by a person exhibiting an expectation that the communication is	1028
not subject to interception under circumstances justifying that	1029
expectation. "Oral communication" does not include an electronic	1030
communication.	1031

(C) "Intercept" means the aural or other acquisition of the	1032
contents of any wire, oral, or electronic communication through	1033
the use of an interception device.	1034

(D) "Interception device" means an electronic, mechanical, or	1035
other device or apparatus that can be used to intercept a wire,	1036
oral, or electronic communication. "Interception device" does not	1037
mean any of the following:	1038

(1) A telephone or telegraph instrument, equipment, or	1039
facility, or any of its components, if the instrument, equipment,	1040
facility, or component is any of the following:	1041

(a) Furnished to the subscriber or user by a provider of wire	1042
or electronic communication service in the ordinary course of its	1043
business and being used by the subscriber or user in the ordinary	1044
course of its business;	1045

(b) Furnished by a subscriber or user for connection to the	1046
facilities of a provider of wire or electronic communication	1047
service and used in the ordinary course of that subscriber's or	1048
user's business;	1049

(c) Being used by a provider of wire or electronic	1050
communication service in the ordinary course of its business or by	1051
an investigative or law enforcement officer in the ordinary course	1052
of the officer's duties that do not involve the interception of	1053
wire, oral, or electronic communications.	1054

(2) A hearing aid or similar device being used to correct	1055
subnormal hearing to not better than normal.	1056

(E) "Investigative officer" means any of the following:

1057

(1) An officer of this state or a political subdivision of	1058
this state, who is empowered by law to conduct investigations or	1059
to make arrests for a designated offense;	1060

(2) A person described in divisions (A)(11)(a) and (b) of	1061
section 2901.01 of the Revised Code;	1062

(3) An attorney authorized by law to prosecute or participate	1063
in the prosecution of a designated offense;	1064

(4) A secret service officer appointed pursuant to section	1065
309.07 of the Revised Code;	1066

(5) An officer of the United States, a state, or a political	1067
subdivision of a state who is authorized to conduct investigations	1068
pursuant to the "Electronic Communications Privacy Act of 1986,"	1069
100 Stat. 1848-1857, 18 U.S.C. 2510-2521 (1986), as amended.	1070

(F) "Interception warrant" means a court order that	1071
authorizes the interception of wire, oral, or electronic	1072
communications and that is issued pursuant to sections 2933.53 to	1073
2933.56 of the Revised Code.	1074

(G) "Contents," when used with respect to a wire, oral, or	1075
electronic communication, includes any information concerning the	1076
substance, purport, or meaning of the communication.	1077

(H) "Communications common carrier" means a person who is	1078
engaged as a common carrier for hire in intrastate, interstate, or	1079
foreign communications by wire, radio, or radio transmission of	1080
energy. "Communications common carrier" does not include, to the	1081
extent that the person is engaged in radio broadcasting, a person	1082
engaged in radio broadcasting.	1083

(I) "Designated offense" means any of the following:

1084

(1) A felony violation of section 1315.53, 1315.55, 2903.01,	1085
2903.02, 2903.11, 2905.01, 2905.02, 2905.11, 2905.22, 2907.02,	1086
2907.21, 2907.22, 2909.02, 2909.03, 2909.04, 2909.22, 2909.23,	1087
2909.24, 2909.26, 2909.27, 2909.28, 2909.29, 2911.01, 2911.02,	1088
2911.11, 2911.12, 2913.02, 2913.04, 2913.42, 2913.51, 2915.02,	1089
2915.03, 2917.01, 2917.02, 2921.02, 2921.03, 2921.04, 2921.32,	1090
2921.34, 2923.20, 2923.32, 2925.03, 2925.04, 2925.05, or 2925.06	1091
or of division (B) of section 2915.05 of the Revised Code;	1092

(2) A violation of section 2919.23 of the Revised Code that,	1093
had it occurred prior to July 1, 1996, would have been a violation	1094
of section 2905.04 of the Revised Code as it existed prior to that	1095
date;	1096

(3) A felony violation of section 2925.11 of the Revised Code	1097
that is not a minor drug possession offense, as defined in section	1098
2925.01 of the Revised Code;	1099

(4) Complicity in the commission of a felony violation of a	1100
section listed in division (I)(1), (2), or (3) of this section;	1101

(5) An attempt to commit, or conspiracy in the commission of,	1102
a felony violation of a section listed in division (I)(1), (2), or	1103
(3) of this section, if the attempt or conspiracy is punishable by	1104
a term of imprisonment of more than one year.	1105

(J) "Aggrieved person" means a person who was a party to an	1106
intercepted wire, oral, or electronic communication or a person	1107
against whom the interception of the communication was directed.	1108

(K) "Person" means a person, as defined in section 1.59 of	1109
the Revised Code, or a governmental officer, employee, or entity.	1110

(L) "Special need" means a showing that a licensed physician,	1111
licensed practicing psychologist, attorney, practicing cleric,	1112
journalist, or either spouse is personally engaging in continuing	1113
criminal activity, was engaged in continuing criminal activity	1114
over a period of time, or is committing, has committed, or is	1115
about to commit, a designated offense, or a showing that specified	1116
public facilities are being regularly used by someone who is	1117
personally engaging in continuing criminal activity, was engaged	1118
in continuing criminal activity over a period of time, or is	1119
committing, has committed, or is about to commit, a designated	1120
offense.	1121

(M) "Journalist" means a person engaged in, connected with,	1122
or employed by, any news media, including a newspaper, magazine,	1123
press association, news agency, or wire service, a radio or	1124
television station, or a similar media, for the purpose of	1125
gathering, processing, transmitting, compiling, editing, or	1126
disseminating news for the general public.	1127

(N) "Electronic communication" means a transfer of a sign,	1128
signal, writing, image, sound, datum, or intelligence of any	1129
nature that is transmitted in whole or in part by a wire, radio,	1130
electromagnetic, photoelectronic, or photo-optical system.	1131
"Electronic communication" does not mean any of the following:	1132

(1) A wire or oral communication;

1133

(2) A communication made through a tone-only paging device;

1134

(3) A communication from an electronic or mechanical tracking	1135
device that permits the tracking of the movement of a person or	1136
object.	1137

(O) "User" means a person or entity that uses an electronic	1138
communication service and is duly authorized by the provider of	1139
the service to engage in the use of the electronic communication	1140
service.	1141

(P) "Electronic communications system" means a wire, radio,	1142
electromagnetic, photoelectronic, or photo-optical facility for	1143
the transmission of electronic communications, and a computer	1144
facility or related electronic equipment for the electronic	1145
storage of electronic communications.	1146

(Q) "Electronic communication service" means a service that	1147
provides to users of the service the ability to send or receive	1148
wire or electronic communications.	1149

(R) "Readily accessible to the general public" means, with	1150
respect to a radio communication, that the communication is none	1151
of the following:	1152

(1) Scrambled or encrypted;

1153

(2) Transmitted using a modulation technique, the essential	1154
parameters of which have been withheld from the public with the	1155
intention of preserving the privacy of the communication;	1156

(3) Carried on a subcarrier or other signal subsidiary to a	1157
radio transmission;	1158

(4) Transmitted over a communications system provided by a	1159
communications common carrier, unless the communication is a	1160
tone-only paging system communication;	1161

(5) Transmitted on a frequency allocated under part 25,	1162
subpart D, E, or F of part 74, or part 94 of the Rules of the	1163
Federal Communications Commission, as those provisions existed on	1164
July 1, 1996, unless, in the case of a communication transmitted	1165
on a frequency allocated under part 74 that is not exclusively	1166
allocated to broadcast auxiliary services, the communication is a	1167
two-way voice communication by radio.	1168

(S) "Electronic storage" means a temporary, intermediate	1169
storage of a wire or electronic communication that is incidental	1170
to the electronic transmission of the communication, and a storage	1171
of a wire or electronic communication by an electronic	1172
communication service for the purpose of backup protection of the	1173
communication.	1174

(T) "Aural transfer" means a transfer containing the human	1175
voice at a point between and including the point of origin and the	1176
point of reception.	1177

(U) "Pen register" means a device that records or decodes	1178
electronic impulses that identify the numbers dialed, pulsed, or	1179
otherwise transmitted on telephone lines to which the device is	1180
attached.	1181

(V) "Trap and trace device" means a device that captures the	1182
incoming electronic or other impulses that identify the	1183
originating number of an instrument or device from which a wire	1184
communication or electronic communication was transmitted but that	1185
does not intercept the contents of the wire communication or	1186
electronic communication.	1187

(W) "Judge of a court of common pleas" means a judge of that	1188
court who is elected or appointed as a judge of general	1189
jurisdiction or as a judge who exercises both general jurisdiction	1190
and probate, domestic relations, or juvenile jurisdiction. "Judge	1191
of a court of common pleas" does not mean a judge of that court	1192
who is elected or appointed specifically as a probate, domestic	1193
relations, or juvenile judge.	1194

Sec. 2935.033. (A) Any peace officer may render assistance to	1195
any federal law enforcement officer who has arrest authority under	1196
the "Uniting and Strengthening America by Providing Appropriate	1197
Tools Required to Intercept and Obstruct Terrorism (USA Patriot	1198
Act) Act of 2001," Pub. L. No. 107-056, 115 Stat. 272, as amended,	1199
if both of the following apply:	1200

(1) There is a threat of imminent physical danger to the	1201
federal law enforcement officer, a threat of physical harm to	1202
another person, or any other serious emergency situation present.	1203

(2) Either the federal law enforcement officer requests	1204
emergency assistance or it appears that the federal law	1205
enforcement officer is unable to request assistance, and the	1206
circumstances reasonably indicate that assistance is appropriate.	1207

(B) "Federal law enforcement officer" has the same meaning as	1208
in section 9.88 of the Revised Code.	1209

Sec. 3750.22.  (A)(1) The owner or operator of a facility	1210
where chemicals are produced, or the owner or operator of any	1211
other facility or business of any type, may provide a copy of any	1212
vulnerability assessment of the facility or business or of any	1213
other security-sensitive information developed regarding the	1214
facility or business to any of the following:	1215

(a) The local emergency planning committee of the emergency	1216
planning district in which the facility or business is located;	1217

(b) The fire department with jurisdiction over the facility	1218
or business;	1219

(c) The sheriff of the county in which the facility or	1220
business is located;	1221

(d) The chief of police of any municipal corporation with	1222
jurisdiction over the facility or business;	1223

(e) Any state agency involved in the development of plans to	1224
protect businesses of any type against terrorist attack including	1225
the Ohio department of public safety, the Ohio highway patrol, the	1226
office of homeland security, and the emergency management agency.	1227

(2) A local emergency planning committee, fire department,	1228
sheriff, or chief of police, or other public office that receives	1229
a vulnerability assessment or other security-sensitive information	1230
pursuant to division (A)(1) of this section may provide a copy of	1231
that assessment or information to any local emergency planning	1232
committee, fire department, sheriff, or chief of police, or other	1233
public office described in division (A)(1) of this section but	1234
shall not share that vulnerability assessment or	1235
security-sensitive information with any other public or private	1236
office unless required to do so by federal or state law.	1237

(B)(1) Any vulnerability assessment or other	1238
security-sensitive information a public office receives pursuant	1239
to division (A) of this section is not a public record under	1240
section 149.43 of the Revised Code and that assessment or	1241
information is not subject to the mandatory disclosure	1242
requirements of section 149.43 of the Revised Code.	1243

(2) This section shall not be construed to exempt any owner	1244
or operator of a facility where chemicals are produced or the	1245
owner or operator of any other facility or business of any type	1246
from providing information contained in a vulnerability assessment	1247
or other security-sensitive information to the public when the	1248
provision of that information otherwise is required by federal or	1249
state law.	1250

Sec. 4507.08.  (A) No probationary license shall be issued to	1251
any person under the age of eighteen who has been adjudicated an	1252
unruly or delinquent child or a juvenile traffic offender for	1253
having committed any act that if committed by an adult would be a	1254
drug abuse offense, as defined in section 2925.01 of the Revised	1255
Code, a violation of division (B) of section 2917.11, or a	1256
violation of division (A) of section 4511.19 of the Revised Code,	1257
unless the person has been required by the court to attend a drug	1258
abuse or alcohol abuse education, intervention, or treatment	1259
program specified by the court and has satisfactorily completed	1260
the program.	1261

(B) No temporary instruction permit or driver's license shall	1262
be issued to any person whose license has been suspended, during	1263
the period for which the license was suspended, nor to any person	1264
whose license has been canceled, under Chapter 4510. or any other	1265
provision of the Revised Code.	1266

(C) No temporary instruction permit or driver's license shall	1267
be issued to any person whose commercial driver's license is	1268
suspended under Chapter 4510. or any other provision of the	1269
Revised Code during the period of the suspension.	1270

No temporary instruction permit or driver's license shall be	1271
issued to any person when issuance is prohibited by division (A)	1272
of section 4507.091 of the Revised Code.	1273

(D) No temporary instruction permit or driver's license shall	1274
be issued to, or retained by, any of the following persons:	1275

(1) Any person who is an alcoholic, or is addicted to the use	1276
of controlled substances to the extent that the use constitutes an	1277
impairment to the person's ability to operate a motor vehicle with	1278
the required degree of safety;	1279

(2) Any person who is under the age of eighteen and has been	1280
adjudicated an unruly or delinquent child or a juvenile traffic	1281
offender for having committed any act that if committed by an	1282
adult would be a drug abuse offense, as defined in section 2925.01	1283
of the Revised Code, a violation of division (B) of section	1284
2917.11, or a violation of division (A) of section 4511.19 of the	1285
Revised Code, unless the person has been required by the court to	1286
attend a drug abuse or alcohol abuse education, intervention, or	1287
treatment program specified by the court and has satisfactorily	1288
completed the program;	1289

(3) Any person who, in the opinion of the registrar, is	1290
afflicted with or suffering from a physical or mental disability	1291
or disease that prevents the person from exercising reasonable and	1292
ordinary control over a motor vehicle while operating the vehicle	1293
upon the highways, except that a restricted license effective for	1294
six months may be issued to any person otherwise qualified who is	1295
or has been subject to any condition resulting in episodic	1296
impairment of consciousness or loss of muscular control and whose	1297
condition, in the opinion of the registrar, is dormant or is	1298
sufficiently under medical control that the person is capable of	1299
exercising reasonable and ordinary control over a motor vehicle. A	1300
restricted license effective for six months shall be issued to any	1301
person who otherwise is qualified and who is subject to any	1302
condition that causes episodic impairment of consciousness or a	1303
loss of muscular control if the person presents a statement from a	1304
licensed physician that the person's condition is under effective	1305
medical control and the period of time for which the control has	1306
been continuously maintained, unless, thereafter, a medical	1307
examination is ordered and, pursuant thereto, cause for denial is	1308
found.	1309

A person to whom a six-month restricted license has been	1310
issued shall give notice of the person's medical condition to the	1311
registrar on forms provided by the registrar and signed by the	1312
licensee's physician. The notice shall be sent to the registrar	1313
six months after the issuance of the license. Subsequent	1314
restricted licenses issued to the same individual shall be	1315
effective for six months.	1316

(4) Any person who is unable to understand highway warnings	1317
or traffic signs or directions given in the English language;	1318

(5) Any person making an application whose driver's license	1319
or driving privileges are under cancellation, revocation, or	1320
suspension in the jurisdiction where issued or any other	1321
jurisdiction, until the expiration of one year after the license	1322
was canceled or revoked or until the period of suspension ends.	1323
Any person whose application is denied under this division may	1324
file a petition in the municipal court or county court in whose	1325
jurisdiction the person resides agreeing to pay the cost of the	1326
proceedings and alleging that the conduct involved in the offense	1327
that resulted in suspension, cancellation, or revocation in the	1328
foreign jurisdiction would not have resulted in a suspension,	1329
cancellation, or revocation had the offense occurred in this	1330
state. If the petition is granted, the petitioner shall notify the	1331
registrar by a certified copy of the court's findings and a	1332
license shall not be denied under this division.	1333

(6) Any person who is under a class one or two suspension	1334
imposed for a violation of section 2903.04, 2903.06, or 2903.08 of	1335
the Revised Code or whose driver's or commercial driver's license	1336
or permit was permanently revoked prior to the effective date of	1337
this amendmentJanuary 1, 2004, for a substantially equivalent	1338
violation pursuant to section 4507.16 of the Revised Code;	1339

(7) Any person who is not a resident or temporary resident of	1340
this state.	1341

(E) No person whose driver's license or permit has been	1342
suspended under Chapter 4510. of the Revised Code or any other	1343
provision of the Revised Code shall have driving privileges	1344
reinstated if the registrar determines that a warrant has been	1345
issued in this state or any other state for the person's arrest	1346
and that warrant is an active warrant.	1347

Sec. 4561.17. For the purpose of providing(A) To provide	1348
revenue for paying the expenses of administering sections 4561.17	1349
to 4561.22 of the Revised Code relative to the registration of	1350
aircraft, for the surveying of and the establishment, checking,	1351
maintenance, and repair of aviation air marking and of air	1352
navigation facilities, for the acquiring, maintaining, and	1353
repairing of equipment necessary thereforfor those purposes, and	1354
for the cost of the creationcreating and distribution of	1355
distributing Ohio aeronautical charts and Ohio airport and landing	1356
field directories, an annual license tax is hereby levied upon all	1357
aircraft based in this state for which an aircraft worthiness	1358
certificate issued by the federal aviation administration is in	1359
effect except the following:	1360

(A)(1) Aircraft owned by the United States or any territory	1361
thereofof the United States;	1362

(B)(2) Aircraft owned by any foreign government;

1363

(C)(3) Aircraft owned by any state or any political	1364
subdivision thereofof a state;	1365

(D)(4) Aircraft operated under a certificate of convenience	1366
and necessity issued by the civil aeronautics board or any	1367
successor theretoto that board;	1368

(E) Aircraft owned by any nonresident of this state whether	1369
such owner is an individual, partnership, or corporation, provided	1370
such owner has complied with all the laws in regard to the	1371
licensing of aircraft in the state of his residence;	1372

(F)(5) Aircraft owned by aircraft manufacturers or aircraft	1373
engine manufacturers and operated only for purposes of testing,	1374
delivery, or demonstration;	1375

(G)(6) Aircraft operated for hire over regularly scheduled	1376
routes within the state.	1377

Such(B) The license tax this section requires shall be at	1378
the rates specified in section 4561.18 of the Revised Code, and	1379
shall be paid to and collected by the director of transportation	1380
at the time of making application as provided in suchthat	1381
section.	1382

Sec. 4561.18. (A) The owner of any aircraft that is based in	1383
this state and that is not of a type specified in divisions (A)(1)	1384
to (6) of section 4561.17 of the Revised Code, shall register that	1385
aircraft with the department of transportation pursuant to this	1386
section.	1387

(B) Applications for the licensing and registration of	1388
aircraft shall be made and signed by the owner thereof uponon	1389
forms prepared by the department of transportation andprepares.	1390
The forms shall contain a description of the aircraft, including	1391
its federal registration number, the airport or other place at	1392
which the aircraft is based, and suchany other information as is	1393
required by the department requires.	1394

Applications(C)(1) Registration forms shall be filed with	1395
the director of transportation during the month of January	1396
annually at the time the director specifies and shall be renewed	1397
according to the standard renewal procedure of sections 4745.01 to	1398
4745.03 of the Revised Code. ApplicationIf the airport or other	1399
place at which the aircraft usually is based changes, the owner	1400
shall update the registration by filing a new form with the office	1401
of aviation.	1402

(2) An application for the registration of any aircraft not	1403
previously registered in this state, if such aircraftthat is	1404
acquired or becomes subject to suchthe license tax subsequent to	1405
the last day of January in any year, shall be made for the balance	1406
of the year in which the sameaircraft is acquired, within	1407
forty-eight hours after suchthe acquisition or after becoming	1408
subject to suchthe license tax. Each such application	1409

(D) Each registration form shall be accompanied by the proper	1410
license tax, which, for aircraft other than gliders, shall be at	1411
the annual rate of one hundred dollars per aircraft. The license	1412
tax for gliders shall be three dollars annually.	1413

Such(E) The department of transportation shall maintain all	1414
registrations filed with it under this section and shall develop a	1415
program to track and enforce the registration of aircraft based in	1416
this state.	1417

(F) The taxes this section requires are in lieu of all other	1418
taxes on or with respect to ownership of suchan aircraft.	1419

(G) The director of transportation shall impose a fine	1420
pursuant to section 4561.22 of the Revised Code for each aircraft	1421
that an owner fails to register as this section requires and shall	1422
require the owner to register the aircraft within the time the	1423
director specifies. The director may impose a separate fine for	1424
each registration period during which the owner fails to register	1425
the aircraft.	1426

Sec. 4561.22.  (A) No owner or operator of an aircraft shall	1427
violate sections 4561.17 to 4561.20 of the Revised Code.	1428

(B) Whoever violates this section shall be fined not more	1429
than onefive hundred dollars, imprisoned not more than thirty	1430
days, or bothfor each violation.	1431

Sec. 4563.30.  (A) As used in this section:

1432

(1) "Aircraft" has the same meaning as in section 4561.01 of	1433
the Revised Code.	1434

(2) "Airport" has the same meaning as in section 4561.01 of	1435
the Revised Code except that it does not include any airport	1436
operated by a multi-state authority or any airport with scheduled	1437
commercial air carrier service.	1438

(3) "Private-use airport" means an airport used exclusively	1439
by the owner of the airport and by persons the owner authorizes.	1440

(4) "Public-use airport" means an airport available for use	1441
by the general public without the prior approval of the owner or	1442
operator except as federal law or regulation require.	1443

(5) "Sensitive site" means an area that would be considered a	1444
key asset or critical infrastructure of the United States,	1445
including, but not limited to, military installations, nuclear and	1446
chemical plants, centers of government, monuments and iconic	1447
structures, and international ports.	1448

(B) Notwithstanding any provision of the Revised Code to the	1449
contrary, the department of transportation, in consultation with	1450
the department of public safety, shall adopt rules regarding the	1451
security of public-use and private-use airports. The rules shall	1452
include, but not be limited to, provisions that do the following:	1453

(1) Require all public-use and private-use airports located	1454
in whole or in part in this state to register biennially with the	1455
department of transportation;	1456

(2) Require all public-use airports located in whole or in	1457
part in this state, and all private-use airports located in whole	1458
or in part in this state that are located within thirty nautical	1459
miles of either a metropolitan population of at least one hundred	1460
thousand persons or a sensitive site, or that have ten or more	1461
based aircraft, a runway length more than eighteen hundred feet,	1462
or more than ten thousand annual aircraft operations, to do all of	1463
the following:	1464

(a) Prepare a written security plan that is consistent with	1465
the most recent security guidelines for general aviation airports	1466
published by the United States transportation security	1467
administration;	1468

(b) Develop a written list of emergency contacts and	1469
telephones;	1470

(c) Restrict access to aircraft keys by unlicensed persons;

1471

(d) Require pilots, including those renting aircraft, to	1472
operate pursuant to F.A.R. 61.3 regarding pilot identification;	1473

(e) Create an emergency locater map that identifies runways,	1474
ramp areas, fence lines, gates, hydrants, emergency shelters,	1475
buildings, and hazardous material sites;	1476

(f) Familiarize local law enforcement agencies with the	1477
airport and consult with them in the airport's development of	1478
security procedures.	1479

(3) Require all aircraft owners or pilots to secure their	1480
aircraft;	1481

(4) Require all persons who rent an aircraft to present	1482
government-issued identification, in addition to any pilot's	1483
license, to the person who rents them the aircraft;	1484

(5) Address or govern the security of public-use and	1485
private-use airports located in whole or in part in this state in	1486
any other manner that the department of transportation, in	1487
consultation with the department of public safety, determines to	1488
be necessary.	1489

(C) The security plan described in division (B)(2)(a) and the	1490
emergency locater map described in division (B)(2)(e) of this	1491
section shall display prominently the following statement: "This	1492
document may contain information that, if disclosed, could	1493
endanger the life or safety of the public; therefore, this	1494
document is to be maintained and used in a manner that preserves	1495
the confidentiality of the information it contains in a manner	1496
consistent with law."	1497

(D) Each public-use and private-use airport located in whole	1498
or in part in this state shall provide a copy of its registration	1499
described in division (B)(1) of this section, and when applicable,	1500
a copy of its security plan and emergency locater map to the	1501
department of public safety, to the department of transportation,	1502
to the sheriff of the county in which the airport is located in	1503
whole or in part, and, if the airport is located in whole or in	1504
part in a municipal corporation, to the chief of police of each	1505
municipal corporation in which it is wholly or partly located.	1506
Copies of registrations, emergency locater maps, and security	1507
plans that are in the possession of the department of public	1508
safety, the office of aviation, a sheriff, or a chief of police	1509
and that were provided under this division are not public records	1510
under section 149.43 of the Revised Code and are not subject to	1511
mandatory disclosure under that section.	1512

(E) This section shall not be construed to replace or	1513
supersede airport security standards the United States department	1514
of homeland security and the transportation security	1515
administration require, or safety standards the United States	1516
department of transportation and the federal aviation	1517
administration require.	1518

Sec. 4931.45.  (A) An amended final plan is required for any	1519
of the following purposes:	1520

(1) Expanding the territory included in the countywide 9-1-1	1521
system;	1522

(2) Upgrading any part or all of a system from basic to	1523
enhanced wireline 9-1-1;	1524

(3) Adjusting the territory served by a public safety	1525
answering point;	1526

(4) Represcribing the funding of public safety answering	1527
points as between the alternatives set forth in division (B)(5) of	1528
section 4931.43 of the Revised Code;	1529

(5) Providing for wireless enhanced 9-1-1;

1530

(6) Adding a telephone company as a participant in a	1531
countywide 9-1-1 system after the implementation of wireline 9-1-1	1532
or wireless enhanced 9-1-1;	1533

(7) Providing that the state highway patrol or one or more	1534
public safety answering points of another 9-1-1 system function as	1535
a public safety answering point or points for the provision of	1536
wireline or wireless 9-1-1 for all or part of the territory of the	1537
system established under the final plan, as contemplated under	1538
division (J) of section 4931.41 of the Revised Code;	1539

(8) Making any other necessary adjustments to the plan.

1540

The adoption of an amended final plan under this division	1541
shall be subject to, and accomplished	1542

(B) Except as otherwise provided in division (C) of this	1543
section, a final plan shall be amended in the manner of the	1544
adoption of an initialprovided for adopting a final plan under,	1545
sections 4931.42 to 4931.44 of the Revised Code, including the	1546
requirements for the convening of a 9-1-1 planning committee and	1547
development ofdeveloping a proposed amended plan prior to the	1548
adoption of theadopting an amended final plan. However, a final	1549
plan is deemed amended	1550

(C)(1) To amend a final plan for the purpose described in	1551
division (A)(6) of this section upon the filing, an entity that	1552
wishes to be added as a participant in a 9-1-1 system shall file a	1553
written letter of that intent with the board of county	1554
commissioners of the county that approved the final plan for the	1555
countywide 9-1-1 system, of a written letter of intent by the	1556
entity to be added as a participant in the 9-1-1 system. The	1557
entityThe final plan is deemed amended upon the filing of that	1558
letter. The entity that files the letter shall send written notice	1559
of thethat filing to all subdivisions and telephone companies	1560
participating in the system. Further, adoption	1561

(2) An amendment to a final plan for a purpose set forth in	1562
division (A)(1), (3), (5), or (8) of this section may be made by	1563
an addendum approved by a majority of the 9-1-1 planning	1564
committee. The board of county commissioners shall call a meeting	1565
of the 9-1-1 planning committee for the purpose of considering an	1566
addendum pursuant to this division.	1567

(3) Adoption of any resolution under section 4931.51 of the	1568
Revised Code pursuant to a final plan that both has been adopted	1569
and provides for funding through charges imposed under that	1570
section is not an amendment of a final plan for the purpose of	1571
this division.	1572

(B)(D) When a final plan is amended for a purpose described	1573
in division (A)(1), (2), or (6) of this section, sections 4931.47	1574
and 5733.55 of the Revised Code apply with respect to the receipt	1575
of the nonrecurring and recurring rates and charges for the	1576
wireline telephone network portion of the 9-1-1 system.	1577

Sec. 4931.49.  (A)(1) The state, the state highway patrol, or	1578
a subdivision participating in a 9-1-1 system established under	1579
sections 4931.40 to 4931.70 of the Revised Code and any officer,	1580
agent, employee, or independent contractor of the state, the state	1581
highway patrol, or such a participating subdivision is not liable	1582
in damages in a civil action for injuries, death, or loss to	1583
persons or property arising from any act or omission, except	1584
willful or wanton misconduct, in connection with developing,	1585
adopting, or approving any final plan or any agreement made under	1586
section 4931.48 of the Revised Code or otherwise bringing into	1587
operation the 9-1-1 system pursuant to sections 4931.40 to 4931.70	1588
of the Revised Code.	1589

(2) The Ohio 9-1-1 council, the wireless 9-1-1 advisory	1590
board, and any member of that council or board are not liable in	1591
damages in a civil action for injuries, death, or loss to persons	1592
or property arising from any act or omission, except willful or	1593
wanton misconduct, in connection with the development or operation	1594
of a 9-1-1 system established under sections 4931.40 to 4931.70 of	1595
the Revised Code.	1596

(B) Except as otherwise provided in section 4765.49 of the	1597
Revised Code, an individual who gives emergency instructions	1598
through a 9-1-1 system established under sections 4931.40 to	1599
4931.70 of the Revised Code, and the principals for whom the	1600
person acts, including both employers and independent contractors,	1601
public and private, and an individual who follows emergency	1602
instructions and the principals for whom that person acts,	1603
including both employers and independent contractors, public and	1604
private, are not liable in damages in a civil action for injuries,	1605
death, or loss to persons or property arising from the issuance or	1606
following of emergency instructions, except where the issuance or	1607
following of the instructions constitutes willful or wanton	1608
misconduct.	1609

(C) Except for willful or wanton misconduct, a telephone	1610
company, and any other installer, maintainer, or provider, through	1611
the sale or otherwise, of customer premises equipment, and their	1612
respective officers, directors, employees, agents, and suppliers	1613
are not liable in damages in a civil action for injuries, death,	1614
or loss to persons or property incurred by any person resulting	1615
from suchany of the following:	1616

(1) Such an entity's or its officers', directors',	1617
employees', agents', or suppliers' participation in or acts or	1618
omissions in connection with participating in or developing,	1619
maintaining, or operating a 9-1-1 system, whether that system is	1620
established pursuant to sections 4931.40 to 4931.70 of the Revised	1621
Code or otherwise in accordance with schedules regarding 9-1-1	1622
systems filed with the public utilities commission pursuant to	1623
section 4905.30 of the Revised Code by a telephone company that is	1624
a wireline service provider;	1625

(2) Such an entity's or its officers', directors',	1626
employees', agents', or suppliers' provision of assistance to a	1627
public utility, municipal utility, or state or local government as	1628
authorized by divisions (F)(4) and (5) of this section.	1629

(D) No person shall knowingly use the telephone number of a	1630
9-1-1 system established under sections 4931.40 to 4931.70 of the	1631
Revised Code to report an emergency if the person knows that no	1632
emergency exists.	1633

(E) No person shall knowingly use a 9-1-1 system for a	1634
purpose other than obtaining emergency service.	1635

(F) No person shall disclose or use any information	1636
concerning telephone numbers, addresses, or names obtained from	1637
the data base that serves the public safety answering point of a	1638
9-1-1 system established under sections 4931.40 to 4931.70 of the	1639
Revised Code, except for any of the following purposes or under	1640
any of the following circumstances:	1641

(1) For the purpose of the 9-1-1 system;

1642

(2) For the purpose of responding to an emergency call to an	1643
emergency service provider;	1644

(3) In the circumstance of the inadvertent disclosure of such	1645
information due solely to technology of the wireline telephone	1646
network portion of the 9-1-1 system not allowing access to the	1647
data base to be restricted to 9-1-1 specific answering lines at a	1648
public safety answering point;	1649

(4) In the circumstance of assistanceaccess to a data base	1650
being given by a telephone company that is a wireline service	1651
provider to a public utility or municipal utility in handling	1652
customer calls in times of public emergency or service outages.	1653
The charge, terms, and conditions for the disclosure or use of	1654
such information for the purpose of such assistanceaccess to a	1655
data base shall be subject to the jurisdiction of the public	1656
utilities commission.	1657

(5) In the circumstance of access to a data base given by a	1658
telephone company that is a wireline service provider to a state	1659
and local government in warning of a public emergency, as	1660
determined by the public utilities commission. The charge, terms,	1661
and conditions for the disclosure or use of that information for	1662
the purpose of access to a data base is subject to the	1663
jurisdiction of the public utilities commission.	1664

Sec. 5502.011. (A) As used in this section, "department of	1665
public safety" and "department" include all divisions within the	1666
department of public safety.	1667

(B) The director of the department of public safety is the	1668
chief executive and administrative officer of the department. The	1669
director may establish policies governing the department, the	1670
performance of its employees and officers, the conduct of its	1671
business, and the custody, use, and preservation of departmental	1672
records, papers, books, documents, and property. The director also	1673
may authorize and approve investigations to be conducted by any of	1674
the department's divisions. Whenever the Revised Code imposes a	1675
duty upon or requires an action of the department, the director	1676
may perform the action or duty in the name of the department or	1677
direct such performance to be performed by the director's	1678
designee.	1679

(C) In addition to any other duties enumerated in the Revised	1680
Code, the director or the director's designee shall do all of the	1681
following:	1682

(1) Administer and direct the performance of the duties of	1683
the department;	1684

(2) Pursuant to Chapter 119. of the Revised Code, approve,	1685
adopt, and prescribe such forms and rules as are necessary to	1686
carry out the duties of the department;	1687

(3) On behalf of the department and in addition to any	1688
authority the Revised Code otherwise grants to the department,	1689
have the authority and responsibility for approving and entering	1690
into contracts, agreements, and other business arrangements;	1691

(4) Make appointments for the department as needed to comply	1692
with requirements of the Revised Code;	1693

(5) Approve employment actions of the department, including	1694
appointments, promotions, discipline, investigations, and	1695
terminations;	1696

(6) Accept, hold, and use, for the benefit of the department,	1697
any gift, donation, bequest, or devise, and may agree to and	1698
perform all conditions of the gift, donation, bequest, or devise,	1699
that are not contrary to law;	1700

(7) Do all other acts necessary or desirable to carry out	1701
this chapter.	1702

(D)(1) The director of public safety may assess a reasonable	1703
fee, plus the amount of any charge or fee passed on from a	1704
financial institution, on a drawer or indorser for each of the	1705
following:	1706

(a) A check, draft, or money order that is returned or	1707
dishonored;	1708

(b) An automatic bank transfer that is declined, due to	1709
insufficient funds or for any other reason;	1710

(c) Any financial transaction device that is returned or	1711
dishonored for any reason.	1712

(2) The director shall deposit any fee collected under this	1713
division in an appropriate fund as determined by the director	1714
based on the tax, fee, or fine being paid.	1715

(3) As used in this division, "financial transaction device"	1716
has the same meaning as in section 113.40 of the Revised Code.	1717

(E) The director shall establish a homeland security advisory	1718
council to advise the director on homeland security, including	1719
homeland security funding efforts. The advisory council shall	1720
include, but not be limited to, state and local government	1721
officials who have homeland security or emergency management	1722
responsibilities and who represent first responders. The director	1723
shall appoint the members of the council, who shall serve without	1724
compensation.	1725

(F) The director of public safety shall adopt rules in	1726
accordance with Chapter 119. of the Revised Code as required by	1727
section 2909.28 of the Revised Code and division (A)(1) of section	1728
2909.32 of the Revised Code. The director shall adopt rules as	1729
required by division (D) of section 2909.32 of the Revised Code,	1730
division (E) of section 2909.33 of the Revised Code, and division	1731
(D) of section 2909.34 of the Revised Code. The director may adopt	1732
rules pursuant to division (A)(2) of section 2909.32 of the	1733
Revised Code, division (A)(2) of section 2909.33 of the Revised	1734
Code, and division (A)(2) of section 2909.34 of the Revised Code.	1735

Sec. 5502.03. (A) There is hereby created in the department	1736
of public safety a division of homeland security. It is the intent	1737
of the general assembly that the creation of the division of	1738
homeland security of the department of public safety by this	1739
amendment does not result in an increase of funding appropriated	1740
to the department.	1741

(B)(1) The division shall coordinatedo all of the following:

1742

(1) Coordinate all homeland security activities of all state	1743
agencies and shall be the liaison between state agencies and local	1744
entities for the purposes of communicating homeland security	1745
funding and policy initiatives;	1746

(2) Collect, analyze, maintain, and disseminate information	1747
to support local, state, and federal law enforcement agencies,	1748
other government agencies, and private organizations in detecting,	1749
deterring, preventing, preparing for, responding to, and	1750
recovering from threatened or actual terrorist events. This	1751
information is not a public record pursuant to section 149.43 of	1752
the Revised Code.	1753

(3) Coordinate efforts of state and local governments and	1754
private organizations to enhance the security and protection of	1755
critical infrastructure and key assets in this state;	1756

(4) Develop and coordinate policies, protocols, and	1757
strategies that may be used to prevent, detect, prepare for,	1758
respond to, and recover from terrorist acts or threats;	1759

(5) Develop, update, and coordinate the implementation of an	1760
Ohio homeland security strategic plan that will guide state and	1761
local governments in the achievement of homeland security in this	1762
state.	1763

(C) The director of public safety shall appoint an executive	1764
director, who shall be head of the division of homeland security	1765
and who regularly shall advise the governor and the director on	1766
matters pertaining to homeland security. The executive director	1767
shall serve at the pleasure of the director of public safety. To	1768
carry out the duties assigned under this section, the executive	1769
director, subject to the direction and control of the director of	1770
public safety, may appoint and maintain necessary staff and may	1771
enter into any necessary agreements.	1772

(D) Except as otherwise provided by law, nothing in this	1773
section shall be construed to give the director of public safety	1774
or the executive director of the division of homeland security	1775
authority over the incident management structure or	1776
responsibilities of local emergency response personnel.	1777

Sec. 5502.28. (A) In carrying out sections 5502.21 to 5502.51	1778
of the Revised Code, the governor shall utilize the services,	1779
equipment, supplies, and facilities of existing agencies of the	1780
state and of political subdivisions to the maximum extent	1781
practicable, and the officers and personnel of all such agencies	1782
shall cooperate with and extend such services, equipment,	1783
supplies, and facilities to the governor and to the executive	1784
director of the emergency management agency upon request.	1785

(B) Every agency for emergency management established	1786
pursuant to sections 5502.21 to 5502.51 of the Revised Code and	1787
every political subdivision that has established a program for	1788
emergency management under section 5502.271 of the Revised Code,	1789
and the officers thereof, shall execute and enforce any emergency	1790
management orders and rules issued or adopted by the director of	1791
public safety.	1792

(C) The national incident management system (NIMS) is hereby	1793
adopted as the standard procedure for incident management in this	1794
state. All departments, agencies, and political subdivisions	1795
within the state shall utilize the system for incident management.	1796

Sec. 5502.41.  (A) As used in this section:

1797

(1) "Countywide emergency management agency" means a	1798
countywide emergency management agency established under section	1799
5502.26 of the Revised Code.	1800

(2) "Participating political subdivision" means each	1801
political subdivision in this state except a political subdivision	1802
that enacts, by appropriate legislation signed by its chief	1803
executive, a declaration not to participate in the intrastate	1804
mutual aid program created by this section and that provides a	1805
copy of the legislation to the emergency management agency and to	1806
the countywide emergency management agency, regional authority for	1807
emergency management, or program for emergency management within	1808
the political subdivision, which is responsible for emergency	1809
management in the political subdivision.	1810

(3) "Program for emergency management within a political	1811
subdivision" means a program for emergency management created by a	1812
political subdivision under section 5502.271 of the Revised Code.	1813

(4) "Regional authority for emergency management" means a	1814
regional authority for emergency management established under	1815
section 5502.27 of the Revised Code.	1816

(B) There is hereby created the intrastate mutual aid program	1817
to be known as "the intrastate mutual aid compact" to complement	1818
existing mutual aid agreements in the event of a disaster that	1819
results in a formal declaration of emergency by a participating	1820
political subdivision. The program shall provide for mutual	1821
assistance among the participating political subdivisions in	1822
response to and recovery from any disaster that results in a	1823
formal declaration of emergency by a participating political	1824
subdivision; shall provide for mutual cooperation among the	1825
participating political subdivisions in conducting	1826
disaster-related exercises, testing, or other training activities	1827
using the services, equipment, supplies, materials, personnel, and	1828
other resources of the participating political subdivisions to	1829
simulate the provision of mutual aid; and shall embody a method by	1830
which a participating political subdivision may seek assistance in	1831
the event of a formally declared emergency, which resolves many of	1832
the common issues facing political subdivisions at the time of a	1833
formally declared emergency and will ensure, to the extent	1834
possible, eligibility for available state and federal disaster	1835
funding.	1836

(C) Each countywide emergency management agency, regional	1837
authority for emergency management, and program for emergency	1838
management within a political subdivision, which is responsible	1839
for emergency management in a participating political subdivision	1840
shall, as part of its program for emergency management under	1841
sections 5502.22, 5502.26, 5502.27, and 5502.271 of the Revised	1842
Code, as applicable, and in coordination with all departments,	1843
divisions, boards, commissions, agencies, and other	1844
instrumentalities of, and having emergency response functions	1845
within, each participating political subdivision served by that	1846
agency, authority, or program, establish procedures or plans that,	1847
to the extent possible, accomplish both of the following:	1848

(1) Identify hazards that potentially could affect the	1849
participating political subdivisions served by that agency,	1850
authority, or program;	1851

(2) Identify and inventory the current services, equipment,	1852
supplies, personnel, and other resources related to response and	1853
recovery activities of the participating political subdivisions	1854
served by that agency, authority, or program.	1855

(D)(1) Within one year after the effective date of this	1856
sectionDecember 23, 2002, the executive director of the emergency	1857
management agency shall coordinate with the countywide emergency	1858
management agencies, regional authorities for emergency	1859
management, and programs for emergency management within a	1860
political subdivision, which are responsible for emergency	1861
management in participating political subdivisions, in identifying	1862
and formulating appropriate procedures or plans to resolve	1863
resource shortfalls, as part of their respective programs for	1864
emergency management under sections 5502.22, 5502.26, 5502.27, and	1865
5502.271 of the Revised Code, as applicable.	1866

(2) During and after the formulation of the procedures or	1867
plans to resolve resource shortfalls, there shall be ongoing	1868
consultation and coordination among the executive director of the	1869
emergency management agency; the countywide emergency management	1870
agencies, regional authorities for emergency management, and	1871
programs for emergency management within a political subdivision,	1872
which are responsible for emergency management in participating	1873
political subdivisions; and all departments, divisions, boards,	1874
commissions, agencies, and other instrumentalities of, and having	1875
emergency response functions within, each participating political	1876
subdivision, regarding this section, local procedures and plans,	1877
and the resolution of the resource shortfalls.	1878

(E) Participating political subdivisions may request	1879
assistance of other participating political subdivisions in	1880
response to and recovery from a disaster during formally declared	1881
emergencies or in disaster-related exercises, testing, or other	1882
training activities. Requests for assistance shall be made through	1883
the emergency management agency or an official designated by the	1884
chief executive of the participating political subdivision from	1885
which the assistance is requested. Requests may be verbal or in	1886
writing. If verbal, the request shall be confirmed in writing	1887
within seventy-two hours after the verbal request is made.	1888
Requests shall provide the following information:	1889

(1) A description of the disaster;

1890

(2) A description of the assistance needed;

1891

(3) An estimate of the length of time the assistance will be	1892
needed;	1893

(4) The specific place and time for staging of the assistance	1894
and a point of contact at that location.	1895

(F) A participating political subdivision's obligation to	1896
provide assistance in response to and recovery from a disaster or	1897
in disaster-related exercises, testing, or other training	1898
activities under this section is subject to the following	1899
conditions:	1900

(1) A participating political subdivision requesting	1901
assistance must have either declared a state of emergency by	1902
resolution of its chief executive or scheduled disaster-related	1903
exercises, testing, or other training activities.	1904

(2) A responding participating political subdivision may	1905
withhold resources necessary to provide for its own protection.	1906

(3) Personnel of a responding participating political	1907
subdivision shall continue under their local command and control	1908
structure, but shall be under the operational control of the	1909
appropriate officials within the incident management system of the	1910
participating political subdivision receiving assistance.	1911

(4) Responding law enforcement officers acting pursuant to	1912
this section have the same authority to enforce the law as when	1913
acting within the territory of their regular employment.	1914

(G)(1) Nothing in this section alters the duties and	1915
responsibilities of emergency response personnel.	1916

(2) This section does not preclude a participating political	1917
subdivision from entering into a mutual aid or other agreement	1918
with another political subdivision, and does not affect any other	1919
agreement to which a participating political subdivision may be a	1920
party, or any request for assistance that may be made, under any	1921
other section of the Revised Code, including, but not limited to,	1922
any mutual aid arrangement under this chapter, any fire protection	1923
or emergency medical services contract under section 9.60 of the	1924
Revised Code, sheriffs' requests for assistance to preserve the	1925
public peace and protect persons and property under section 311.07	1926
of the Revised Code, agreements for mutual aid in police	1927
protection under section 737.04 of the Revised Code, and mutual	1928
aid agreements among emergency planning districts for hazardous	1929
substances or chemicals response under sections 3750.02 and	1930
3750.03 of the Revised Code.	1931

(H)(1) Personnel of a responding participating political	1932
subdivision who suffer injury or death in the course of, and	1933
arising out of, their employment while rendering assistance to	1934
another participating political subdivision under this section are	1935
entitled to all applicable benefits under Chapters 4121. and 4123.	1936
of the Revised Code.	1937

(2) Personnel of a responding participating political	1938
subdivision shall be considered, while rendering assistance in	1939
another participating political subdivision under this section, to	1940
be agents of the participating political subdivision receiving the	1941
assistance for purposes of tort liability and immunity from tort	1942
liability under the law of this state.	1943

(3)(a) A responding participating political subdivision and	1944
the personnel of that political subdivision, while rendering	1945
assistance, or while in route to or from rendering assistance, in	1946
another participating political subdivision under this section,	1947
shall be deemed to be exercising governmental functions as defined	1948
in section 2744.01 of the Revised Code, shall have the defenses to	1949
and immunities from civil liability provided in sections 2744.02	1950
and 2744.03 of the Revised Code, and shall be entitled to all	1951
applicable limitations on recoverable damages under section	1952
2744.05 of the Revised Code.	1953

(b) A participating political subdivision requesting	1954
assistance and the personnel of that political subdivision, while	1955
requesting or receiving assistance from any other participating	1956
political subdivisions under this section, shall be deemed to be	1957
exercising governmental functions as defined in section 2744.01 of	1958
the Revised Code, shall have the defenses to and immunities from	1959
civil liability provided in sections 2744.02 and 2744.03 of the	1960
Revised Code, and shall be entitled to all applicable limitations	1961
on recoverable damages under section 2744.05 of the Revised Code.	1962

(I) If a person holds a license, certificate, or other permit	1963
issued by a participating political subdivision evidencing	1964
qualification in a professional, mechanical, or other skill, and	1965
if the assistance of that person is asked for by a participating	1966
political subdivision receiving assistance under this section, the	1967
person shall be deemed to be licensed or certified in or permitted	1968
by the participating political subdivision receiving the	1969
assistance to render the assistance, subject to any limitations	1970
and conditions the chief executive of the participating political	1971
subdivision receiving the assistance may prescribe by executive	1972
order or otherwise.	1973

(J) Except as otherwise provided in this division, any	1974
participating political subdivision rendering assistance in	1975
another participating political subdivision under this section	1976
shall be reimbursed by the participating political subdivision	1977
receiving the assistance for any loss or damage to, or expense	1978
incurred in the operation of, any equipment used in rendering the	1979
assistance, for any expense incurred in the provision of any	1980
service used in rendering the assistance, and for all other costs	1981
incurred in responding to the request for assistance. However, a	1982
participating political subdivision rendering assistance may	1983
assume in whole or in part the loss, damage, expense, or costs, or	1984
may loan the equipment or donate the service to the participating	1985
political subdivision receiving the assistance without charge or	1986
cost; any two or more participating political subdivisions may	1987
enter into agreements establishing a different allocation of loss,	1988
damage, expense, or costs among themselves; and expenses incurred	1989
under division (H)(1) of this section are not reimbursable under	1990
this division. To avoid duplication of payments, insurance	1991
proceeds available to cover any loss or damage to equipment of a	1992
participating political subdivision rendering assistance shall be	1993
considered in the reimbursement by the participating political	1994
subdivision receiving the assistance.	1995

Section 2. That existing sections 2901.13, 2909.21, 2923.31,	1996
2933.51, 4507.08, 4561.17, 4561.18, 4561.22, 4931.45, 4931.49,	1997
5502.011, 5502.03, 5502.28, and 5502.41 of the Revised Code are	1998
hereby repealed.	1999