REPRESENTATIVES Webster, Flowers, Calvert, Seitz, Allen, Sullivan, Jerse, Carmichael, Carano, Jolivette, Fessler, Reidelbach, Schneider, Schaffer, Hollister

To enact section 5502.40 of the Revised Code to

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establish the Emergency Management Assistance

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Compact in law and to enter into the compact with

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all other jurisdictions legally joining in it.

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

Section 1. That section 5502.40 of the Revised Code be	5
enacted to read as follows:	6

Sec. 5502.40. The emergency management assistance compact is	7
hereby ratified, enacted into law, and entered into with all other	8
jurisdictions legally joining in it, in the following form:	9

"ARTICLE I - PURPOSE AND AUTHORITIES

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This compact is made and entered into by and between the	11
participating member states which enact this compact, hereinafter	12
called party states. For the purposes of this agreement, the term	13
"states" is taken to mean the several states, the Commonwealth of	14
Puerto Rico, the District of Columbia, and all U.S. territorial	15
possessions.	16

The purpose of this compact is to provide for mutual	17
assistance between the states entering into this compact in	18
managing any emergency or disaster that is duly declared by the	19
governor of the affected state(s), whether arising from natural	20
disaster, technological hazard, man-made disaster, civil emergency	21
aspects of resources shortages, community disorders, insurgency,	22
or enemy attack.	23

This compact shall also provide for mutual cooperation in	24
emergency-related exercises, testing, or other training activities	25
using equipment and personnel simulating performance of any aspect	26
of the giving and receiving of aid by party states or subdivisions	27
of party states during emergencies, such actions occurring outside	28
actual declared emergency periods. Mutual assistance in the	29
compact may include the use of the states' National Guard forces,	30
either in accordance with the National Guard Mutual Assistance	31
Compact or by mutual agreement between states.	32

ARTICLE II - GENERAL IMPLEMENTATION

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Each party state entering into this compact recognizes many	34
emergencies transcend political jurisdictional boundaries and that	35
intergovernmental coordination is essential in managing these and	36
other emergencies under this compact. Each state further	37
recognizes that there will be emergencies which require immediate	38
access and present procedures to apply outside resources to make a	39
prompt and effective response to such an emergency. This is	40
because few, if any, individual states have all the resources they	41
may need in all types of emergencies or the capability of	42
delivering resources to areas where emergencies exist.	43

The prompt, full, and effective utilization of resources of	44
the participating states, including any resources on hand or	45
available for the Federal Government or any other source, that are	46
essential to the safety, care, and welfare of the people in the	47
event of any emergency or disaster declared by a party state,	48
shall be the underlying principle on which all articles of this	49
compact shall be understood.	50

On behalf of the governor of each state participating in the	51
compact, the legally designated state official who is assigned	52
responsibility for emergency management will be responsible for	53
formulation of the appropriate interstate mutual aid plans and	54
procedures necessary to implement this compact.	55

ARTICLE III - PARTY STATE RESPONSIBILITIES

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(A) It shall be the responsibility of each party state to	57
formulate procedural plans and programs for interstate cooperation	58
in the performance of the responsibilities listed in this article.	59
In formulating such plans, and in carrying them out, the party	60
states, insofar as practical, shall:	61

(i) Review individual state hazards analyses and, to the	62
extent reasonably possible, determine all those potential	63
emergencies the party states might jointly suffer, whether due to	64
natural disaster, technological hazard, man-made disaster,	65
emergency aspects of resource shortages, civil disorders,	66
insurgency, or enemy attack.	67

(ii) Review party states' individual emergency plans and	68
develop a plan which will determine the mechanism for the	69
interstate management and provision of assistance concerning any	70
potential emergency.	71

(iii) Develop interstate procedures to fill any identified	72
gaps and to resolve any identified inconsistencies or overlaps in	73
existing or developed plans.	74

(iv) Assist in warning communities adjacent to or crossing	75
the state boundaries.	76

(v) Protect and assure uninterrupted delivery of services,	77
medicines, water, food, energy and fuel, search and rescue, and	78
critical lifeline equipment, services, and resources, both human	79
and material.	80

(vi) Inventory and set procedures for the interstate loan and	81
delivery of human and material resources, together with procedures	82
for reimbursement or forgiveness.	83

(vii) Provide, to the extent authorized by law, for temporary	84
suspension of any statutes or ordinances that restrict the	85
implementation of the above responsibilities.	86

(B) The authorized representative of a party state may	87
request assistance of another party state by contacting the	88
authorized representative of that state. The provisions of this	89
agreement shall only apply to requests for assistance made by and	90
to authorized representatives. Requests may be verbal or in	91
writing. If verbal, the request shall be confirmed in writing	92
within 30 days of the verbal request. Requests shall provide the	93
following information:	94

(i) A description of the emergency service function for which	95
assistance is needed, such as but not limited to fire services,	96
law enforcement, emergency medical, transportation,	97
communications, public works and engineering, building inspection,	98
planning and information assistance, mass care, resource support,	99
health and medical services, and search and rescue.	100

(ii) The amount and type of personnel, equipment, materials	101
and supplies needed, and a reasonable estimate of the length of	102
time they will be needed.	103

(iii) The specific place and time for staging of the	104
assisting party's response and a point of contact at that	105
location.	106

(C) There shall be frequent consultation between state	107
officials who have assigned emergency management responsibilities	108
and other appropriate representatives of the party states with	109
affected jurisdictions and the United States Government, with free	110
exchange of information, plans, and resource records relating to	111
emergency capabilities.	112

ARTICLE IV - LIMITATIONS

113

Any party state requested to render mutual aid or conduct	114
exercises and training for mutual aid shall take such action as is	115
necessary to provide and make available the resources covered by	116
this compact in accordance with the terms hereof; provided that it	117
is understood that the state rendering aid may withhold resources	118
to the extent necessary to provide reasonable protection for such	119
state. Each party state shall afford to the emergency forces of	120
any party state, while operating within its state limits under the	121
terms and conditions of this compact, the same powers (except that	122
of arrest unless specifically authorized by the receiving state),	123
duties, rights, and privileges as are afforded forces of the state	124
in which they are performing emergency services. Emergency forces	125
will continue under the command and control of their regular	126
leaders, but the organizational units will come under the	127
operational control of the emergency services authorities of the	128
state receiving assistance. These conditions may be activated, as	129
needed, only subsequent to a declaration of a state of emergency	130
or disaster by the governor of the party state that is to receive	131
assistance or commencement of exercises or training for mutual aid	132
and shall continue so long as the exercises or training for mutual	133
aid are in progress, the state of emergency or disaster remains in	134
effect or loaned resources remain in the receiving state(s),	135
whichever is longer.	136

ARTICLE V - LICENSES AND PERMITS

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Whenever any person holds a license, certificate, or other	138
permit issued by any state party to the compact evidencing the	139
meeting of qualifications for professional, mechanical, or other	140
skills, and when such assistance is requested by the receiving	141
party state, such person shall be deemed licensed, certified, or	142
permitted by the state requesting assistance to render aid	143
involving such skill to meet a declared emergency or disaster,	144
subject to such limitations and conditions as the governor of the	145
requesting state may prescribe by executive order or otherwise.	146

ARTICLE VI - LIABILITY

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Officers or employees of a party state rendering aid in	148
another state pursuant to this compact shall be considered agents	149
of the requesting state for tort liability and immunity purposes;	150
and no party state or its officers or employees rendering aid in	151
another state pursuant to this compact shall be liable on account	152
of any act or omission in good faith on the part of such forces	153
while so engaged or on account of the maintenance or use of any	154
equipment or supplies in connection therewith. Good faith in this	155
article shall not include willful misconduct, gross negligence, or	156
recklessness.	157

ARTICLE VII - SUPPLEMENTARY AGREEMENTS

158

Inasmuch as it is probable that the pattern and detail of the	159
machinery for mutual aid among two or more states may differ from	160
that among the states that are party hereto, this instrument	161
contains elements of a broad base common to all states, and	162
nothing herein contained shall preclude any state from entering	163
into supplementary agreements with another state or affect any	164
other agreements already in force between states. Supplementary	165
agreements may comprehend, but shall not be limited to,	166
provisions for evacuation and reception of injured and other	167
persons and the exchange of medical, fire, police, public utility,	168
reconnaissance, welfare, transportation and communications	169
personnel, and equipment and supplies.	170

ARTICLE VIII - COMPENSATION

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Each party state shall provide for the payment of	172
compensation and death benefits to injured members of the	173
emergency forces of that state and representatives of deceased	174
members of such forces in case such members sustain injuries or	175
are killed while rendering aid pursuant to this compact, in the	176
same manner and on the same terms as if the injury or death were	177
sustained within their own state.	178

ARTICLE IX - REIMBURSEMENT

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Any party state rendering aid in another state pursuant to	180
this compact shall be reimbursed by the party state receiving such	181
aid for any loss or damage to or expense incurred in the operation	182
of any equipment and the provision of any service in answering a	183
request for aid and for the costs incurred in connection with such	184
requests; provided, that any aiding party state may assume in	185
whole or in part such loss, damage, expense, or other cost, or may	186
loan such equipment or donate such services to the receiving party	187
state without charge or cost; and provided further, that any two	188
or more party states may enter into supplementary agreements	189
establishing a different allocation of costs among those states.	190
Article VIII expenses shall not be reimbursable under this	191
provision.	192

ARTICLE X - EVACUATION

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Plans for the orderly evacuation and interstate reception of	194
portions of the civilian population as the result of any emergency	195
or disaster of sufficient proportions to so warrant, shall be	196
worked out and maintained between the party states and the	197
emergency management/services directors of the various	198
jurisdictions where any type of incident requiring evacuations	199
might occur. Such plans shall be put into effect by request of	200
the state from which evacuees come and shall include the manner of	201
transporting such evacuees, the number of evacuees to be received	202
in different areas, the manner in which food, clothing, housing,	203
and medical care will be provided, the registration of the	204
evacuees, the providing of facilities for the notification of	205
relatives or friends, and the forwarding of such evacuees to other	206
areas or the bringing in of additional materials, supplies, and	207
all other relevant factors. Such plans shall provide that the	208
party state receiving evacuees and the party state from which the	209
evacuees come shall mutually agree as to reimbursement of	210
out-of-pocket expenses incurred in receiving and caring for such	211
evacuees, for expenditures for transportation, food, clothing,	212
medicines and medical care, and like items. Such expenditures	213
shall be reimbursed as agreed by the party state from which the	214
evacuees come. After the termination of the emergency or	215
disaster, the party state from which the evacuees come shall	216
assume the responsibility for the ultimate support of repatriation	217
of such evacuees.	218

ARTICLE XI - IMPLEMENTATION

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(A) This compact shall become operative immediately upon its	220
enactment into law by any two (2) states; thereafter, this compact	221
shall become effective as to any other state upon its enactment by	222
such state.	223

(B) Any party state may withdraw from this compact by	224
enacting a statute repealing the same, but no such withdrawal	225
shall take effect until 30 days after the governor of the	226
withdrawing state has given notice in writing of such withdrawal	227
to the governors of all other party states. Such action shall not	228
relieve the withdrawing state from obligations assumed hereunder	229
prior to the effective date of withdrawal.	230

(C) Duly authenticated copies of this compact and of such	231
supplementary agreements as may be entered into shall, at the time	232
of their approval, be deposited with each of the party states and	233
with the Federal Emergency Management Agency and other appropriate	234
agencies of the United States Government.	235

ARTICLE XII - VALIDITY

236

This Act shall be construed to effectuate the purposes stated	237
in Article I hereof. If any provision of this compact is declared	238
unconstitutional, or the applicability thereof to any person or	239
circumstances is held invalid, the constitutionality of the	240
remainder of this act and the applicability thereof to other	241
persons and circumstances shall not be affected thereby.	242

ARTICLE XIII - ADDITIONAL PROVISIONS

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Nothing in this compact shall authorize or permit the use of	244
military force by the National Guard of a state at any place	245
outside that state in any emergency for which the President is	246
authorized by law to call into federal service the militia, or for	247
any purpose for which the use of the Army or the Air Force would	248
in the absence of express statutory authorization be prohibited	249
under Section 1385 of title 18, United States Code."	250