Chapter 5922: CIVILIAN CYBER SECURITY RESERVE FORCES

5922.01 Creation.

The governor shall organize and maintain within this state, on a reserve basis, civilian cyber security reserve forces capable of being expanded and trained to educate and protect state, county, and local government entities, critical infrastructure, including election systems, businesses, and citizens of this state from cyber attacks. In the case of an emergency proclaimed by the governor, or caused by illicit actors or imminent danger, the governor, as commander-in-chief, shall expand the reserve as the exigency of the occasion requires.

The reserve shall be a part of the Ohio organized militia under the adjutant general's department. The reserve shall be known as the Ohio cyber reserve. The adjutant general shall establish and may revise, in accordance with section 5923.12 of the Revised Code, the rates of pay for reserve members when called to state active duty. While performing any drill or training, reserve members shall serve in an unpaid volunteer status. When called to state active duty by the governor, reserve members shall function as civilian members of the Ohio organized militia.



Added by 133rd General Assembly File No. TBD, SB 52, §1, eff. 1/24/2020.

5922.02 Rulemaking authority.

The governor may adopt rules consistent with the provisions of law governing the membership, organization, administration, equipment, and maintenance of the Ohio cyber reserve. A copy of the rules shall be available to the public in the adjutant general's office.



Added by 133rd General Assembly File No. TBD, SB 52, §1, eff. 1/24/2020.

5922.03 Requisition of equipment.

The governor may requisition from the United States department of defense, for the use of the Ohio cyber reserve, equipment that may be in the possession and can be furnished by the department, and make available to the reserve the facilities of state armories and equipment and other state premises and property that may be available.



Added by 133rd General Assembly File No. TBD, SB 52, §1, eff. 1/24/2020.

5922.04 Military service not authorized.

Sections 5922.02 to 5922.08 of the Revised Code do not authorize the Ohio cyber reserve, or any part thereof, to be called or ordered into the military service of the United States. The reserve may become a civilian component of the Ohio national guard.



Added by 133rd General Assembly File No. TBD, SB 52, §1, eff. 1/24/2020.

5922.05 Qualifications for service.

No person shall be accepted into the Ohio cyber reserve who is not a United States national or a lawful permanent resident, or who has been expelled or dishonorably discharged from the armed forces as defined in section 5903.01 of the Revised Code. Applicants shall be subject to an appropriate background check, in accordance with rules adopted by the governor and adjutant general, before admittance into the reserve.

Notwithstanding any other provision of the Revised Code, no person shall be disqualified from acceptance into the Ohio cyber reserve on the basis that the person is an employee of the state or a political subdivision of the state, or an employee or proprietor of a private entity that conducts business with the state or a political subdivision of the state.



Added by 133rd General Assembly File No. TBD, SB 52, §1, eff. 1/24/2020.

5922.06 Code of military justice applicable.

Whenever the Ohio cyber reserve, or any part thereof, is ordered out for active service by the governor, the Ohio code of military justice shall be in full force with respect to those forces.



Added by 133rd General Assembly File No. TBD, SB 52, §1, eff. 1/24/2020.

5922.07 Resignation; reimbursement.

The governor may accept the resignation of any Ohio cyber reserve member at any time. Reserve members serve at the pleasure of the governor and may be removed from the reserve in accordance with rules adopted under section 5922.02 of the Revised Code.

The governor may require reimbursement for training, equipment, and uniforms if an Ohio cyber reserve member does not serve the full term of the member's membership agreement and the inability to serve out the term of the membership agreement was not due to disability or a similar disabling medical condition.



Added by 133rd General Assembly File No. TBD, SB 52, §1, eff. 1/24/2020.

5922.08 Power of governor.

The governor, as commander-in-chief of the Ohio organized militia, may order individuals or units of the Ohio cyber reserve to state active duty to protect state, county, and local government entities and critical infrastructure, including election systems, or for training as the governor determines necessary. The governor, upon the request of a business or citizen, also may order individuals or units of the Ohio cyber reserve to state active duty to protect that business or citizen.

When ordered by the governor to perform duty or training under this section or section 5923.21 of the Revised Code, members of the Ohio cyber reserve shall have the same protections afforded by the "Servicemembers Civil Relief Act," Pub. L. No. 108-189, 50 U.S.C. 3901 - 4043, and by the "Uniformed Services Employment and Reemployment Rights Act," 108 Stat. 3149, 38 U.S.C. 4301 - 4333.



Added by 133rd General Assembly File No. TBD, SB 52, §1, eff. 1/24/2020.