Homeland Security Re-Establishment Act

IN THE HOUSE OF REPRESENTATIVES

December 28, 2024

HOMELAND SECURITY RE-ESTABLISHMENT ACT

Be it enacted by the Senate and House of Representatives of the State of Firestone in Congress assembled,

§1. TITLE

  1. This act shall be known, and may be cited as, “Homeland Security Re-Establishment Act.”

§2. DEFINITIONS

  1. The Authority to Arrest Act of 2022 shall be defined here.
  2. The Employment Act of 2023 shall be defined here.
  3. An Amendment to Fix Employment Act of 2023 shall be defined here.
  4. The Line of Succession Act of 2024 shall be defined here.
  5. The Firestone Criminal Code shall be defined here.
  6. The Firestone Constitution shall be defined here.
  7. The POST Certification Protection Act of 2024 shall be defined here.
  8. The Firestone Department of Homeland Security(DHS, FDHS) shall be defined here.
  9. The Executive Security Unit Act 2022 shall be defined here.
  10. The Executive Security Unit shall be defined here.
  11. The Firestone State Patrol shall be defined here.

§3. INTRODUCTION

  1. The Bill to Re-Establish the Department of Homeland Security seeks to restore and strengthen the Firestone Department of Homeland Security (DHS) by providing the legislative foundation and powers essential for its effective operation. This bill reinforces the Department’s roles, responsibilities, and authority while ensuring its structure and guiding principles align with the needs of the State of Firestone. It explicitly defines the legal authority, jurisdiction, and powers of DHS, establishing its role as a law enforcement agency with the protections and authority necessary to fulfill its duties.

§4. DEPARTMENT ESTABLISHMENT

(a) The Firestone Department of Homeland Security shall be established as an official department of the State of Firestone; and shall serve under the Executive Branch of the State of Firestone.

(b) The Firestone Department of Homeland Security shall be led by a Secretary, a cabinet-level position that reports directly to the Governor. Per Article I, Section III, Subsection VII of the Firestone Constitution, the Secretary must be nominated by the Governor, and pass a Senate confirmation with a simple majority vote from the Senate; the Secretary may be dismissed by the Governor at any given time for any reason deemed plausible by the Governor or may be removed through the process of impeachment, as stated in the Constitution.

(c) The Secretary of Homeland Security shall appoint a Deputy Secretary who shall be a member of the State Executive Branch Sub Cabinet. The Deputy Secretary may be dismissed by the Governor or Secretary at any given time for any reason deemed plausible by the Governor or Secretary or removed through the process of impeachment, as stated in the Constitution.

(d) The Firestone Department of Homeland Security shall be considered a Law Enforcement Agency; with all employees required to maintain an active POST Certification, as defined by the POST Certification Protection Act of 2024.

§5. ORGANIZATION AND TASKS

  1. The Firestone Department of Homeland Security shall be composed of the Federal Protective Service, Secret Service, Counter Assault Team, and any other division, subdivision, or unit approved by the Secretary.
  2. The Federal Protective Service is a division of the Firestone Department of Homeland Security, tasked with patrolling and protecting critical government infrastructure within the State of Firestone.
  3. The Secret Service is a division of the Firestone Department of Homeland Security, tasked with the protection of government officials, and critical government infrastructure, and to provide assistance to ambassadors while on foreign diplomatic missions.
  4. The Counter Assault Team is a division of the Firestone Department of Homeland Security, tasked with providing tactical support to the Secret Service, tactical support with hostage rescue and other high-risk situations, and combatting attacks on government infrastructure.
  5. Government infrastructure includes, but is not limited to, the State Capitol Building, Governor’s Manor, Founder’s Residence, District of Prominence, and Department of State Building.

§6. OPERATIONS, RESPONSIBILITIES, & JURISDICTION

  1. The Firestone Department of Homeland Security shall have statewide authority to enforce the statutes of Firestone, however, it shall have a primary focus on protecting state infrastructure, government assets, and government officials. The Firestone Department of Homeland Security shall not deviate from its primary focus unless they (1) are requested by other law enforcement for a situation in which they are overwhelmed or unable to adequately handle, or (2) witness, or are in the immediate vicinity of an active crime that threatens life or property. The Secretary of Homeland Security shall maintain specific policies in accordance with this.

  2. The Firestone Department of Homeland Security shall have primary authority over any situation or matter relating to critical government infrastructure, government officials, or any individual actively under the protection of the FDHS unless otherwise specified by the Governor or state law.

§7. PROTECTION RESPONSIBILITIES, OPERATIONS & POWERS.

(a) The Firestone Department of Homeland Security shall be responsible for establishing and maintaining a database of Government Officials who shall be entitled to protection by the department, the database can either be by individual and/or Government Position. Individuals who are entitled to protection by the department may waive protection at any time. The following government positions shall be entitled to priority protection but may waive protection at any time: Governor, Lieutenant Governor, Speaker of the House, Court Chief Justice.

(a1) The list of Officials entitled to priority protection may be amended by the Secretary of the Department of Homeland Security, however, nobody in the roles as specified by §7(a) may be removed from the list of Officials entitled to priority protection.

(b) Government Officials under the active protection of FDHS may be forcibly transported away or into a location for their safety by FDHS without any agent involved being charged with any crime that would conflict with this section. Government Officials under the active protection of FDHS may also be followed and trailed by FDHS without FDHS facing any legal repercussions. However, should the government official state they are waiving protection, FDHS shall not be protected by this Section until such a time that the protection is requested again.

(c) Should an active protection operation on any official be taking place and said official is in a public area, FDHS shall reserve the right to ‘lockdown’ property. Only the Detail Commander may invoke this power. Other on-duty law enforcement may be restricted from entering the property by the Detail Commander, without the Detail Commander committing a crime when this power is invoked. This power may be invoked on private property, only with the consent of the owner of the property. Access to the property which is locked down may be restricted within the following parameters;

  • The property being locked down is only being locked down to reasonably protect the official.
  • The property being locked down is not majorly inhibiting the travel of the public.
  • The property being locked down remains in this status for as little time as possible.

(d) The Firestone Department of Homeland Security or any department or unit assisting FDHS shall reserve the right to request citizens’ consent to a search and to show their name before entering property that is locked down. FDHS may not force any citizen to consent to a search, however, may deny them entry if they do not consent to a search. FDHS shall reserve the right to deny any citizen with a weapon (legal or illegal) into an area that is locked down. For all intents and purposes, any official being present on such property shall be an ‘emergency or threat’ as described by Article 5 of the Constitution.

(e) FDHS may violate any and all traffic laws without penalty in the name of protecting an official in an emergent situation where;

  • There is a low chance of any citizen being injured because of traffic laws not being respected.
  • There is a direct and immediate threat to an official being protected where using ELS or driving on conventional roads would greatly exacerbate the threat, or where utilizing Emergency Lighting System could pose a threat.

(f) FDHS may violate parking regulations without penalty in the name of protecting an official.

§8. ACCOMMODATIONS AND AMENDMENTS

a) Trespassing

a1. FCC 3 §8 Subsection (B1) currently states, “Entering into the areas marked in red in this screenshot without proper clearance from authorized personnel of the Firestone State Patrol and/or one of the Governor’s.”

  1. FCC 3 §8 Subsection (B1) shall be amended to state, “Entering into the areas marked in red in this screenshot without proper clearance from authorized personnel of the Firestone Department of Homeland Security and/or one of the Governor’s.”

  2. FCC 3 §8 Subsection (B1)(A) currently states, “Entering into the areas marked in blue in this screenshot without proper clearance from authorized personnel of the Firestone State Patrol when the Governor’s Manor is under lockdown, or an event is currently taking place.”

  3. FCC 3 §8 Subsection (B1)(A) shall be amended to state, “Entering into the areas marked in blue in this screenshot without proper clearance from authorized personnel of the Firestone Department of Homeland Security when the Governor’s Manor is under lockdown, or an event is currently taking place.”

  4. FCC 3 §8 Subsection (B4) currently states, “Entering into the areas marked in red in this screenshot without proper clearance from authorized personnel of the Firestone State Patrol and/or one of the founders.”

  5. FCC 3 §8 Subsection (B1) shall be amended to state, “Entering into the areas marked in red in this screenshot without proper clearance from authorized personnel of the Firestone Department of Homeland Security and/or one of the founders.”

  6. FCC 3 §8 Subsection (B6) currently states, “Entering into the areas marked in red in this screenshot without proper clearance from authorized personnel of the Firestone State Patrol.”

  7. FCC 3 §8 Subsection (B6) shall be amended to state, “Entering into the areas marked in red in this screenshot without proper clearance from authorized personnel of the Firestone Department of Homeland Security.”

  8. FCC 3 §8 Subsection (B6)(A) currently states, “Entering into the areas marked in blue in this screenshot without proper clearance from authorized personnel of the Firestone State Patrol when the capitol is under lockdown, or an event is currently taking place.”

  9. FCC 3 §8 Subsection (B6)(A) shall be amended to state, “Entering into the areas marked in blue in this screenshot without proper clearance from authorized personnel of the Firestone Department of Homeland Security when the capitol is under lockdown, or an event is currently taking place.”

  10. FCC 3 §8 Subsection (B18) currently states, “Entering into the areas marked in red in this and this screenshot without proper clearance from authorized personnel of the Firestone State Patrol.”

  11. FCC 3 §8 Subsection (B18) shall be amended to state, “Entering into the areas marked in red in this and this screenshot without proper clearance from authorized personnel of the Firestone Department of Homeland Security.”

  12. FCC 3 §8 Subsection (C6) currently states, “Authorized departmental personnel shall be defined as an on-duty member of any of the following: The Department of Health, The Department of Corrections, the Stapleton County Fire Department, the Firestone Department of Homeland Security, the Firestone National Guard, the Firestone Department of Public Works, the Firestone State Patrol, the Firestone Department of Transportation, the Firestone Department of Aviation, the Firestone Department of Boating and Waterways, the Firestone Department of Commerce, the Firestone Bureau of Investigation, or the Stapleton County Sheriff’s Office.”

  13. FCC 3 §8 Subsection (C6) shall be amended to state, “Authorized departmental personnel shall be defined as an on-duty member of any of the following: The Department of Health, The Department of Corrections, the Stapleton County Fire Department, the Firestone Department of Homeland Security, the Firestone National Guard, the Firestone Department of Public Works, the Firestone State Patrol, the Firestone Department of Homeland Security, the Firestone Department of Transportation, the Firestone Department of Aviation, the Firestone Department of Boating and Waterways, the Firestone Department of Commerce, the Firestone Bureau of Investigation, or the Stapleton County Sheriff’s Office.”

  14. Line of Succession Amendment

b1. Section I of the Line of Succession Act of 2024 currently states, “In the event, for any reasons including, but not limited to death, resignation, inability, removal from office, or simple vacancy, there is no Governor capable of discharging the duties of the office of Governor of the State of Firestone; then the individual highest on the following list, and is fully eligible and capable of handling the position of Governor of the State of Firestone, shall become the Governor of the State of Firestone:

i. Lieutenant Governor

ii. Speaker of the House of Representatives

iii. President Pro Tempore of the Senate

iv. Secretary of State

v. Attorney General

vi. Director of the Firestone Bureau of Investigation

vii. Major General of the Firestone National Guard

viii. Secretary of Public Safety

ix. Colonel of the Firestone State Patrol

x. Director of the Firestone Park Service

xi. Director of Peace Officer Standards and Training

xii. Secretary of Commerce

xiii. Secretary of Transportation

xiv. Secretary of Public Works

xv. Secretary of Health

xvi. Director of the Firestone Fire Academy

xvii. Administrator of the Firestone Aviation Administration”

b2. Section I of the Line of Succession Act of 2024 shall be amended and state, “In the event, for any reasons including, but not limited to death, resignation, inability, removal from office, or simple vacancy, there is no Governor capable of discharging the duties of the office of Governor of the State of Firestone; then the individual highest on the following list, and is fully eligible and capable of handling the position of Governor of the State of Firestone, shall become the Governor of the State of Firestone:

i. Lieutenant Governor

ii. Speaker of the House of Representatives

iii. President Pro Tempore of the Senate

iv. Secretary of State

v. Attorney General

vi. Director of the Firestone Bureau of Investigation

vii. Secretary of the Department of Homeland Security

viii. Major General of the Firestone National Guard

ixi. Secretary of Public Safety

x. Colonel of the Firestone State Patrol

xi. Director of the Firestone Park Service

xii. Director of Peace Officer Standards and Training

xiii. Secretary of Commerce

xiv. Secretary of Transportation

xv. Secretary of Public Works

xvi. Secretary of Health

xvii. Director of the Firestone Fire Academy

xviii. Administrator of the Firestone Aviation Administration**”

c) Employment Act of 2023 Amendment

c1. Section 9(a) of the Employment Act of 2023 currently states, “The following departments shall be recognized as primary departments—

(i) The Firestone Bureau of Investigation ;

(ii) Firestone State Patrol

(iii) Firestone Park Service

(iv) Stapleton County Sheriff’s Office

(v) Stapleton County Fire Department

(vi) Redwood Police Department

(vii) Arborfield Police Department ; and

(viii) the Prominence District Police ;”

c1. Section 9(a) of the Employment Act of 2023 shall be amended and state, “The following departments shall be recognized as primary departments—

(i) The Firestone Bureau of Investigation ;

(ii) Firestone State Patrol

(iii) Firestone Park Service

(iv) Stapleton County Sheriff’s Office

(v) Stapleton County Fire Department

(vi) Redwood Police Department

(vii) Arborfield Police Department

(viii) Prominence District Police ; **and

(viv) Firestone Department of Homeland Security.

d) The Executive Security Unit Act 2022 shall be null and void.

e) Authority to Arrest Act of 2022 amendment.

  1. §8(c)(iii) of the Authority to Arrest Act of 2022 currently states, “Firestone Department of Homeland Security, but only when operating within the version 2 Map of Stapleton County;”

  2. §8(c)(iii) of the Authority to Arrest Act of 2022 shall be amended to state, “Firestone Department of Homeland Security

§.9 ENFORCEMENT

  1. This Act shall be enforced by all relevant parties.

  2. This act, with the exceptions of sections 6, 7, and 8, shall take effect immediately upon passage by the constitutionally required process.

  3. Sections 6, 7, and 8 of this act shall take effect upon passage by the constitutionally required process and upon the official addition of the Firestone Department of Homeland Security to Stapleton County V2 by a Lead Developer, Co-Founder, or Founder of the State of Firestone.

  4. Upon the official addition of the Firestone Department of Homeland Security to Stapleton County V2 by a Lead Developer, Co-Founder, or Founder of the State of Firestone, the Executive Security Unit shall immediately cease any and all official operations, and shall no longer be recognized as an official division of the Firestone State Patrol.

§.10 SEVERABILITY

  1. Should any part of this act be struck down and/or declared unenforceable, the rest of the act will remain in effect unless also struck down and/or declared unenforceable.

Chief Sponsor(s):

Governor kyhuls (Author)

Speaker of the House StealthSniper292 (Author)

Representative DeltaTrigger (Author)

Senator PropMcRib (Author)

Co Sponsor(s):

Speaker Pro Tempore MattSixtyNin

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