REPRESENTATIVE White

To enact sections 5502.70 to 5502.73 of the Revised

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Code to establish an intrastate mutual aid program

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for disaster response and recovery and to declare

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an emergency.

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

Section 1. That sections 5502.70, 5502.71, 5502.72, and	5
5502.73 of the Revised Code be enacted to read as follows:	6

Sec. 5502.70. As used in sections 5502.70 to 5502.73 of the	7
Revised Code:	8

(A) "Chief executive" has the same meaning as in section	9
5502.21 of the Revised Code.	10

(B) "Countywide emergency management agency" means a	11
countywide emergency management agency established pursuant to	12
section 5502.26 of the Revised Code.	13

(C) "Disaster" means any imminent threat or actual	14
occurrence of personal hardship or injury, of loss of life, or of	15
widespread or severe damage to or loss of property that results	16
from any natural phenomenon or human act and for which an	17
emergency has been declared.	18

(D) "Emergency" has the same meaning as in section 5502.21	19
of the Revised Code.	20

(E) "Emergency management" has the same meaning as in	21
section 5502.21 of the Revised Code.	22

(F) "Participating political subdivision" means each	23
political subdivision in this state except a political subdivision	24
that enacts, by appropriate legislation signed by its chief	25
executive, a declaration not to participate in the intrastate	26
mutual aid program created by section 5502.71 of the Revised	27
Code, a copy of which is provided to the director/coordinator of	28
emergency management for the countywide emergency management	29
agency, regional authority for emergency management, or program	30
for emergency management within a political subdivision to which	31
the political subdivision is a party or has itself established.	32

(G) "Political subdivision" has the same meaning as in	33
section 5502.21 of the Revised Code.	34

(H) "Program for emergency management" includes a program	35
for emergency management created by a countywide emergency	36
management agency pursuant to section 5502.26 of the Revised Code,	37
created by a regional authority for emergency management pursuant	38
to section 5502.27 of the Revised Code, or created within a	39
political subdivision pursuant to section 5502.271 of the Revised	40
Code.	41

(I) "Program for emergency management within a political	42
subdivision" means a program for emergency management created by a	43
political subdivision pursuant to section 5502.271 of the Revised	44
Code.	45

(J) "Recovery" includes all those activities required and	46
necessary to return an area to its former condition, to the extent	47
possible, following a disaster. "Recovery" includes, but is not	48
limited to, the receipt of fire, law enforcement, emergency	49
medical, transportation, communications, public works and	50
engineering, building inspection, planning and information	51
assistance, mass care, resource support, health and medical, and	52
search and rescue services and the receipt of evacuees.	53

(K) "Regional authority for emergency management" means a	54
regional authority for emergency management established pursuant	55
to section 5502.27 of the Revised Code.	56

(L) "Response" includes all those activities that occur	57
subsequent to any disaster and that provide emergency assistance	58
from the effects of the disaster, reduce the probability of	59
further injury, damage, or destruction, and are designed or	60
undertaken to speed recovery operations. "Response" includes, but	61
is not limited to, the provision of fire, law enforcement,	62
emergency medical, transportation, communications, public works	63
and engineering, building inspection, planning and information	64
assistance, mass care, resource support, health and medical, and	65
search and rescue services and the receipt of evacuees.	66

Sec. 5502.71. There is hereby created the intrastate mutual	67
aid program for the purpose of establishing each of the following:	68

(A) Mutual assistance among the participating political	69
subdivisions in managing disaster response and recovery;	70

(B) Mutual cooperation among the participating political	71
subdivisions in conducting disaster response- and recovery-related	72
exercises, testing, or other training activities using the	73
participating political subdivisions' services, equipment,	74
supplies, materials, personnel, and other resources to simulate	75
the performance of any aspect of the giving and receiving of aid	76
by the participating political subdivision.	77

Sec. 5502.72. (A) Upon the call of the executive director of	78
the emergency management agency established pursuant to section	79
5502.22 of the Revised Code not later than one year after the	80
effective date of this section, the directors/coordinators of	81
emergency management for each countywide emergency management	82
agency, regional authority for emergency management, and program	83
for emergency management within a political subdivision, and the	84
executive director of the emergency management agency shall	85
commence a consultative review of each program for emergency	86
management and formulate intrastate procedural plans and programs	87
that accomplish each of the following:	88

(1) Develop a mechanism for the intrastate management and	89
provision of mutual assistance among the participating political	90
subdivisions in managing disaster response and recovery;	91

(2) Develop procedures to fill any identified gaps in, or	92
to resolve any identified inconsistencies in or overlaps between,	93
the programs for emergency management;	94

(3) Inventory, and develop procedures for the intrastate	95
loan and delivery of, services, equipment, supplies, personnel,	96
and other disaster response- and recovery-related resources;	97

(4) If the review of the programs for emergency management	98
so warrants, develop plans for the orderly evacuation and	99
intrastate reception of portions of the concerned participating	100
political subdivisions' civilian population as the result of any	101
disaster in those political subdivisions.	102

(B) During and after the formulation of the intrastate	103
procedural plans and programs, the directors/coordinators of	104
emergency management for each countywide emergency management	105
agency, regional authority for emergency management, and program	106
for emergency management within a political subdivision, and the	107
executive director of the emergency management agency shall	108
frequently consult concerning the implementation of this section	109
and an exchange among them of information, plans, programs, and	110
resource records relating to disaster response and recovery	111
capabilities.	112

Sec. 5502.73. (A) A participating political subdivision may	113
request the assistance of other participating political	114
subdivisions in managing disaster response and recovery or in	115
conducing disaster response- and recovery-related exercises,	116
testing, or other training. Requests for assistance shall be made	117
by and to chief executives of the political subdivisions. Requests	118
may be verbal or in writing. If verbal, a request shall be	119
confirmed in writing within thirty days after the verbal request.	120
Requests shall provide the following information:	121

(1) A description of the disaster response and recovery	122
functions for which assistance is needed;	123

(2) The amount and type of services, equipment, supplies,	124
materials, personnel, and other resources needed and a reasonable	125
estimate of the length of time they will be needed;	126

(3) The specific place and time for staging of the	127
assisting participating political subdivision's provision of	128
assistance and a point of contact at that location.	129

(B) Any participating political subdivision that is	130
requested to render assistance in managing disaster response and	131
recovery or in conducting disaster response- and recovery-related	132
exercises, testing, or other training shall take the necessary	133
action to provide and make available the necessary services,	134
equipment, supplies, materials, personnel, and other resources.	135

(C) A participating political subdivision's obligation to	136
provide assistance in managing disaster response and recovery or	137
in conducting disaster response- and recovery-related exercises,	138
testing, or other training is subject to the following	139
restrictions:	140

(1) A participating political subdivision's request to	141
receive assistance is effective only upon a declaration of a state	142
of emergency by the chief executive of that political subdivision	143
or upon the commencement of the exercises, testing, or other	144
training. Assistance shall continue as long as the state of	145
emergency remains in effect and the loaned resources are required	146
by the receiving political subdivision, loaned resources remain in	147
the receiving political subdivision, or the exercises, testing, or	148
other training is in progress.	149

(2) The participating political subdivision rendering the	150
assistance may withhold resources or recall loaned resources to	151
the extent necessary to provide for its own reasonable protection.	152

(3) Emergency forces shall continue under the command and	153
control of their regular leaders, but organizational units shall	154
be under the operational control of the emergency services	155
authorities of the political subdivision receiving assistance.	156

(D) Each participating political subdivision shall provide	157
for the payment of compensation and benefits to injured members of	158
the political subdivision's emergency forces and to	159
representatives of deceased members of these forces if the members	160
are killed while rendering assistance under this section, in the	161
same manner and on the same terms as if the injury or death were	162
sustained within the members' own political subdivision.	163

(E) Any participating political subdivision rendering	164
assistance in another participating political subdivision under	165
this section shall be reimbursed by the participating political	166
subdivision receiving the assistance for any loss or damage to, or	167
expense incurred in the operation of, any equipment in answering	168
the request for assistance, for any expense incurred in the	169
provision of any service in answering the request for assistance,	170
and for the costs incurred in answering the request for	171
assistance. However, a participating political subdivision	172
rendering assistance may assume in whole or in part the loss,	173
damage, expense, or costs, or may loan the equipment or donate the	174
services to the receiving participating political subdivision,	175
without charge or cost. Any two or more participating political	176
subdivisions may enter into agreements establishing a different	177
allocation of loss, damage, expense, or costs among themselves	178
than that specified in division (E) of this section. Expenses	179
incurred under division (D) of this section are not reimbursable	180
under division (E) of this section.	181

(F) Officers and employees of a participating political	182
subdivision rendering assistance in another participating	183
political subdivision under this section shall be considered	184
agents of the requesting political subdivision for the purpose of	185
tort liability and immunity.	186

(F) Nothing in this section prevents any participating	187
political subdivision from entering into a mutual aid or other	188
agreement with another political subdivision, or affects any other	189
agreement to which a political subdivision is a party, including,	190
but not limited to, an agreement entered into under this chapter	191
or section 9.60, 3750.02, or 3750.03 of the Revised Code.	192

Section 2. This act is hereby declared to be an emergency	193
measure necessary for the immediate preservation of the public	194
peace, health, and safety. The reason for this necessity lies in	195
the fact that the recent terrorist attacks in New York City and on	196
the Pentagon, indicate that emergency fire and medical services,	197
law enforcement, and other personnel are often needed to respond	198
quickly to declared emergencies outside political subdivision	199
boundaries, and, thus, it is fitting that Ohio, as soon as	200
possible, create an intrastate mutual aid program for disaster	201
response and recovery that contains procedures for the use of	202
disaster response and recovery resources outside of individual	203
political subdivision boundaries. Therefore, this act shall go	204
into immediate effect.	205