REPRESENTATIVES Webster, Flowers, Calvert, Seitz, Allen, Sullivan, Jerse, Carmichael, Carano, Jolivette, Fessler, Reidelbach, Schneider, Schaffer, Hollister, Cates, Sykes, Oakar, Metelsky, Latell, Setzer, Hughes, Schmidt, Niehaus, Coates, Evans, Hagan, Schuring, Buehrer, Peterson, Lendrum, Willamowski, Reinhard, Roman, Damschroder, D. Miller, DeWine, Husted, Collier, Faber, Manning, Aslanides, Patton, Otterman, Gilb, Wilson, White, Hartnett, Britton, Widowfield, Perry, Hoops, Cirelli, Fedor, R. Miller, Kearns, Barnes, Key, Redfern, Krupinski, Rhine, Woodard

To enact section 5502.40 of the Revised Code to

1

establish the Emergency Management Assistance

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Compact in law, to enter into the Compact with all

3

other jurisdictions legally joining in it, and to

4

declare an emergency.

5

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

Section 1. That section 5502.40 of the Revised Code be	6
enacted to read as follows:	7

Sec. 5502.40. The emergency management assistance compact is	8
hereby ratified, enacted into law, and entered into with all other	9
jurisdictions legally joining in it, in the following form:	10

"ARTICLE I - PURPOSE AND AUTHORITIES

11

This compact is made and entered into by and between the	12
participating member states which enact this compact, hereinafter	13
called party states. For the purposes of this agreement, the term	14
"states" is taken to mean the several states, the Commonwealth of	15
Puerto Rico, the District of Columbia, and all U.S. territorial	16
possessions.	17

The purpose of this compact is to provide for mutual	18
assistance between the states entering into this compact in	19
managing any emergency or disaster that is duly declared by the	20
governor of the affected state(s), whether arising from natural	21
disaster, technological hazard, man-made disaster, civil emergency	22
aspects of resources shortages, community disorders, insurgency,	23
or enemy attack.	24

This compact shall also provide for mutual cooperation in	25
emergency-related exercises, testing, or other training activities	26
using equipment and personnel simulating performance of any aspect	27
of the giving and receiving of aid by party states or subdivisions	28
of party states during emergencies, such actions occurring outside	29
actual declared emergency periods. Mutual assistance in the	30
compact may include the use of the states' National Guard forces,	31
either in accordance with the National Guard Mutual Assistance	32
Compact or by mutual agreement between states.	33

ARTICLE II - GENERAL IMPLEMENTATION

34

Each party state entering into this compact recognizes many	35
emergencies transcend political jurisdictional boundaries and that	36
intergovernmental coordination is essential in managing these and	37
other emergencies under this compact. Each state further	38
recognizes that there will be emergencies which require immediate	39
access and present procedures to apply outside resources to make a	40
prompt and effective response to such an emergency. This is	41
because few, if any, individual states have all the resources they	42
may need in all types of emergencies or the capability of	43
delivering resources to areas where emergencies exist.	44

The prompt, full, and effective utilization of resources of	45
the participating states, including any resources on hand or	46
available for the Federal Government or any other source, that are	47
essential to the safety, care, and welfare of the people in the	48
event of any emergency or disaster declared by a party state,	49
shall be the underlying principle on which all articles of this	50
compact shall be understood.	51

On behalf of the governor of each state participating in the	52
compact, the legally designated state official who is assigned	53
responsibility for emergency management will be responsible for	54
formulation of the appropriate interstate mutual aid plans and	55
procedures necessary to implement this compact.	56

ARTICLE III - PARTY STATE RESPONSIBILITIES

57

(A) It shall be the responsibility of each party state to	58
formulate procedural plans and programs for interstate cooperation	59
in the performance of the responsibilities listed in this article.	60
In formulating such plans, and in carrying them out, the party	61
states, insofar as practical, shall:	62

(i) Review individual state hazards analyses and, to the	63
extent reasonably possible, determine all those potential	64
emergencies the party states might jointly suffer, whether due to	65
natural disaster, technological hazard, man-made disaster,	66
emergency aspects of resource shortages, civil disorders,	67
insurgency, or enemy attack.	68

(ii) Review party states' individual emergency plans and	69
develop a plan which will determine the mechanism for the	70
interstate management and provision of assistance concerning any	71
potential emergency.	72

(iii) Develop interstate procedures to fill any identified	73
gaps and to resolve any identified inconsistencies or overlaps in	74
existing or developed plans.	75

(iv) Assist in warning communities adjacent to or crossing	76
the state boundaries.	77

(v) Protect and assure uninterrupted delivery of services,	78
medicines, water, food, energy and fuel, search and rescue, and	79
critical lifeline equipment, services, and resources, both human	80
and material.	81

(vi) Inventory and set procedures for the interstate loan and	82
delivery of human and material resources, together with procedures	83
for reimbursement or forgiveness.	84

(vii) Provide, to the extent authorized by law, for temporary	85
suspension of any statutes or ordinances that restrict the	86
implementation of the above responsibilities.	87

(B) The authorized representative of a party state may	88
request assistance of another party state by contacting the	89
authorized representative of that state. The provisions of this	90
agreement shall only apply to requests for assistance made by and	91
to authorized representatives. Requests may be verbal or in	92
writing. If verbal, the request shall be confirmed in writing	93
within 30 days of the verbal request. Requests shall provide the	94
following information:	95

(i) A description of the emergency service function for which	96
assistance is needed, such as but not limited to fire services,	97
law enforcement, emergency medical, transportation,	98
communications, public works and engineering, building inspection,	99
planning and information assistance, mass care, resource support,	100
health and medical services, and search and rescue.	101

(ii) The amount and type of personnel, equipment, materials	102
and supplies needed, and a reasonable estimate of the length of	103
time they will be needed.	104

(iii) The specific place and time for staging of the	105
assisting party's response and a point of contact at that	106
location.	107

(C) There shall be frequent consultation between state	108
officials who have assigned emergency management responsibilities	109
and other appropriate representatives of the party states with	110
affected jurisdictions and the United States Government, with free	111
exchange of information, plans, and resource records relating to	112
emergency capabilities.	113

ARTICLE IV - LIMITATIONS

114

Any party state requested to render mutual aid or conduct	115
exercises and training for mutual aid shall take such action as is	116
necessary to provide and make available the resources covered by	117
this compact in accordance with the terms hereof; provided that it	118
is understood that the state rendering aid may withhold resources	119
to the extent necessary to provide reasonable protection for such	120
state. Each party state shall afford to the emergency forces of	121
any party state, while operating within its state limits under the	122
terms and conditions of this compact, the same powers (except that	123
of arrest unless specifically authorized by the receiving state),	124
duties, rights, and privileges as are afforded forces of the state	125
in which they are performing emergency services. Emergency forces	126
will continue under the command and control of their regular	127
leaders, but the organizational units will come under the	128
operational control of the emergency services authorities of the	129
state receiving assistance. These conditions may be activated, as	130
needed, only subsequent to a declaration of a state of emergency	131
or disaster by the governor of the party state that is to receive	132
assistance or commencement of exercises or training for mutual aid	133
and shall continue so long as the exercises or training for mutual	134
aid are in progress, the state of emergency or disaster remains in	135
effect or loaned resources remain in the receiving state(s),	136
whichever is longer.	137

ARTICLE V - LICENSES AND PERMITS

138

Whenever any person holds a license, certificate, or other	139
permit issued by any state party to the compact evidencing the	140
meeting of qualifications for professional, mechanical, or other	141
skills, and when such assistance is requested by the receiving	142
party state, such person shall be deemed licensed, certified, or	143
permitted by the state requesting assistance to render aid	144
involving such skill to meet a declared emergency or disaster,	145
subject to such limitations and conditions as the governor of the	146
requesting state may prescribe by executive order or otherwise.	147

ARTICLE VI - LIABILITY

148

Officers or employees of a party state rendering aid in	149
another state pursuant to this compact shall be considered agents	150
of the requesting state for tort liability and immunity purposes;	151
and no party state or its officers or employees rendering aid in	152
another state pursuant to this compact shall be liable on account	153
of any act or omission in good faith on the part of such forces	154
while so engaged or on account of the maintenance or use of any	155
equipment or supplies in connection therewith. Good faith in this	156
article shall not include willful misconduct, gross negligence, or	157
recklessness.	158

ARTICLE VII - SUPPLEMENTARY AGREEMENTS

159

Inasmuch as it is probable that the pattern and detail of the	160
machinery for mutual aid among two or more states may differ from	161
that among the states that are party hereto, this instrument	162
contains elements of a broad base common to all states, and	163
nothing herein contained shall preclude any state from entering	164
into supplementary agreements with another state or affect any	165
other agreements already in force between states. Supplementary	166
agreements may comprehend, but shall not be limited to,	167
provisions for evacuation and reception of injured and other	168
persons and the exchange of medical, fire, police, public utility,	169
reconnaissance, welfare, transportation and communications	170
personnel, and equipment and supplies.	171

ARTICLE VIII - COMPENSATION

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Each party state shall provide for the payment of	173
compensation and death benefits to injured members of the	174
emergency forces of that state and representatives of deceased	175
members of such forces in case such members sustain injuries or	176
are killed while rendering aid pursuant to this compact, in the	177
same manner and on the same terms as if the injury or death were	178
sustained within their own state.	179

ARTICLE IX - REIMBURSEMENT

180

Any party state rendering aid in another state pursuant to	181
this compact shall be reimbursed by the party state receiving such	182
aid for any loss or damage to or expense incurred in the operation	183
of any equipment and the provision of any service in answering a	184
request for aid and for the costs incurred in connection with such	185
requests; provided, that any aiding party state may assume in	186
whole or in part such loss, damage, expense, or other cost, or may	187
loan such equipment or donate such services to the receiving party	188
state without charge or cost; and provided further, that any two	189
or more party states may enter into supplementary agreements	190
establishing a different allocation of costs among those states.	191
Article VIII expenses shall not be reimbursable under this	192
provision.	193

ARTICLE X - EVACUATION

194

Plans for the orderly evacuation and interstate reception of	195
portions of the civilian population as the result of any emergency	196
or disaster of sufficient proportions to so warrant, shall be	197
worked out and maintained between the party states and the	198
emergency management/services directors of the various	199
jurisdictions where any type of incident requiring evacuations	200
might occur. Such plans shall be put into effect by request of	201
the state from which evacuees come and shall include the manner of	202
transporting such evacuees, the number of evacuees to be received	203
in different areas, the manner in which food, clothing, housing,	204
and medical care will be provided, the registration of the	205
evacuees, the providing of facilities for the notification of	206
relatives or friends, and the forwarding of such evacuees to other	207
areas or the bringing in of additional materials, supplies, and	208
all other relevant factors. Such plans shall provide that the	209
party state receiving evacuees and the party state from which the	210
evacuees come shall mutually agree as to reimbursement of	211
out-of-pocket expenses incurred in receiving and caring for such	212
evacuees, for expenditures for transportation, food, clothing,	213
medicines and medical care, and like items. Such expenditures	214
shall be reimbursed as agreed by the party state from which the	215
evacuees come. After the termination of the emergency or	216
disaster, the party state from which the evacuees come shall	217
assume the responsibility for the ultimate support of repatriation	218
of such evacuees.	219

ARTICLE XI - IMPLEMENTATION

220

(A) This compact shall become operative immediately upon its	221
enactment into law by any two (2) states; thereafter, this compact	222
shall become effective as to any other state upon its enactment by	223
such state.	224

(B) Any party state may withdraw from this compact by	225
enacting a statute repealing the same, but no such withdrawal	226
shall take effect until 30 days after the governor of the	227
withdrawing state has given notice in writing of such withdrawal	228
to the governors of all other party states. Such action shall not	229
relieve the withdrawing state from obligations assumed hereunder	230
prior to the effective date of withdrawal.	231

(C) Duly authenticated copies of this compact and of such	232
supplementary agreements as may be entered into shall, at the time	233
of their approval, be deposited with each of the party states and	234
with the Federal Emergency Management Agency and other appropriate	235
agencies of the United States Government.	236

ARTICLE XII - VALIDITY

237

This Act shall be construed to effectuate the purposes stated	238
in Article I hereof. If any provision of this compact is declared	239
unconstitutional, or the applicability thereof to any person or	240
circumstances is held invalid, the constitutionality of the	241
remainder of this act and the applicability thereof to other	242
persons and circumstances shall not be affected thereby.	243

ARTICLE XIII - ADDITIONAL PROVISIONS

244

Nothing in this compact shall authorize or permit the use of	245
military force by the National Guard of a state at any place	246
outside that state in any emergency for which the President is	247
authorized by law to call into federal service the militia, or for	248
any purpose for which the use of the Army or the Air Force would	249
in the absence of express statutory authorization be prohibited	250
under Section 1385 of title 18, United States Code."	251

Section 2. This act is hereby declared to be an emergency	252
measure necessary for the immediate preservation of the public	253
peace, health, and safety. The reason for this necessity lies in	254
the fact that the recent terrorist attacks in New York City and	255
Washington, D.C., indicate that emergency fire, medical services,	256
law enforcement, and other personnel are often needed to respond	257
quickly to disasters outside state boundaries, and, thus, it is	258
fitting that Ohio, as soon as possible, enter into an interstate	259
compact that establishes procedures for the use of emergency	260
personnel outside state boundaries. Therefore, this act shall go	261
into immediate effect.	262