To amend section 9.63 of the Revised Code to withhold all state funding from municipal corporations that do not cooperate with federal homeland security activities and remove the Director of Public Safety's role in determining what constitutes noncooperation.
Summary
SB437 amends Ohio Revised Code section 9.63 to require state and local employees not to unreasonably refuse lawful requests from federal authorities connected to homeland security, the USA PATRIOT Act, immigration enforcement, terrorism investigations, or related presidential executive orders. It also prohibits municipal corporations from adopting ordinances, policies, directives, rules, or resolutions that would materially hinder cooperation with those federal activities.
The bill further provides that any municipal corporation adopting a prohibited policy becomes ineligible for state homeland security funding. It removes the Director of Public Safety’s current role in determining noncooperation and certifying funding ineligibility, instead making ineligibility automatic when a municipality enacts a barred policy. The bill also states that expressions of disagreement with federal immigration or terrorism policy, or with the PATRIOT Act or related executive orders, do not by themselves count as noncompliance or material hindrance under the section.
Impact
If enacted, SB437 would tighten state oversight of municipal policies affecting cooperation with federal homeland security, immigration, and terrorism-related activities. It would change existing law by making state homeland security funding unavailable to municipalities that adopt policies deemed to interfere with such cooperation, and by eliminating the Director of Public Safety’s discretionary certification role in that process. The bill would affect municipal corporations, local employees, and state agencies administering homeland security funds, while also narrowing the ability of local governments to adopt sanctuary-style or noncooperation policies.
Sentiment
The bill’s framing suggests support for stronger cooperation with federal homeland security and immigration enforcement, and the text is structured to limit local resistance to those efforts. No committee transcript or vote record is provided, so there is no direct evidence of debate, amendments, or recorded support/opposition. Based on the bill language alone, the measure appears to be presented as a pro-enforcement, pro-cooperation policy.
Contention
The main point of contention is likely the balance between state/federal enforcement priorities and municipal autonomy. Opponents would likely object to the automatic loss of state homeland security funding and the restriction on local ordinances or statements that express disagreement with federal immigration or terrorism policy. Supporters would likely argue that municipalities should not impede cooperation with federal authorities and that state funds should be conditioned on compliance. The removal of the Director of Public Safety’s judgment also suggests a dispute over whether enforcement should be discretionary or automatic.
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