REPRESENTATIVES White, Carmichael, Flowers, Clancy, Schaffer, Latell

To enact section 5502.41 of the Revised Code to

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establish an intrastate mutual aid program for

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emergency preparedness and disaster response and

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recovery to be known as the Intrastate Mutual Aid

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Compact and to declare an emergency.

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

Section 1.  That section 5502.41 of the Revised Code be	6
enacted to read as follows:	7

Sec. 5502.41.  (A) As used in this section:

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(1) "Countywide emergency management agency" means a	9
countywide emergency management agency established under section	10
5502.26 of the Revised Code.	11

(2) "Participating political subdivision" means each	12
political subdivision in this state except a political subdivision	13
that enacts, by appropriate legislation signed by its chief	14
executive, a declaration not to participate in the intrastate	15
mutual aid program created by this section and that provides a	16
copy of the legislation to the emergency management agency and to	17
the countywide emergency management agency, regional authority for	18
emergency management, or program for emergency management within	19
the political subdivision, which is responsible for emergency	20
management in the political subdivision.	21

(3) "Program for emergency management within a political	22
subdivision" means a program for emergency management created by a	23
political subdivision under section 5502.271 of the Revised Code.	24

(4) "Regional authority for emergency management" means a	25
regional authority for emergency management established under	26
section 5502.27 of the Revised Code.	27

(B) There is hereby created the intrastate mutual aid program	28
to be known as "the intrastate mutual aid compact" to complement	29
existing mutual aid agreements in the event of a disaster that	30
results in a formal declaration of emergency by a participating	31
political subdivision. The program shall provide for mutual	32
assistance among the participating political subdivisions in	33
response to and recovery from any disaster that results in a	34
formal declaration of emergency by a participating political	35
subdivision; shall provide for mutual cooperation among the	36
participating political subdivisions in conducting	37
disaster-related exercises, testing, or other training activities	38
using the services, equipment, supplies, materials, personnel, and	39
other resources of the participating political subdivisions to	40
simulate the provision of mutual aid; and shall embody a method by	41
which a participating political subdivision may seek assistance in	42
the event of a formally declared emergency, which resolves many of	43
the common issues facing political subdivisions at the time of a	44
formally declared emergency and will ensure, to the extent	45
possible, eligibility for available state and federal disaster	46
funding.	47

(C) Each countywide emergency management agency, regional	48
authority for emergency management, and program for emergency	49
management within a political subdivision, which is responsible	50
for emergency management in a participating political subdivision	51
shall, as part of its program for emergency management under	52
sections 5502.22, 5502.26, 5502.27, and 5502.271 of the Revised	53
Code, as applicable, and in coordination with all departments,	54
divisions, boards, commissions, agencies, and other	55
instrumentalities of, and having emergency response functions	56
within, each participating political subdivision served by that	57
agency, authority, or program, establish procedures or plans that,	58
to the extent possible, accomplish both of the following:	59

(1) Identify hazards that potentially could affect the	60
participating political subdivisions served by that agency,	61
authority, or program;	62

(2) Identify and inventory the current services, equipment,	63
supplies, personnel, and other resources related to response and	64
recovery activities of the participating political subdivisions	65
served by that agency, authority, or program.	66

(D)(1) Within one year after the effective date of this	67
section, the executive director of the emergency management agency	68
shall coordinate with the countywide emergency management	69
agencies, regional authorities for emergency management, and	70
programs for emergency management within a political subdivision,	71
which are responsible for emergency management in participating	72
political subdivisions, in identifying and formulating appropriate	73
procedures or plans to resolve resource shortfalls, as part of	74
their respective programs for emergency management under sections	75
5502.22, 5502.26, 5502.27, and 5502.271 of the Revised Code, as	76
applicable.	77

(2) During and after the formulation of the procedures or	78
plans to resolve resource shortfalls, there shall be ongoing	79
consultation and coordination among the executive director of the	80
emergency management agency; the countywide emergency management	81
agencies, regional authorities for emergency management, and	82
programs for emergency management within a political subdivision,	83
which are responsible for emergency management in participating	84
political subdivisions; and all departments, divisions, boards,	85
commissions, agencies, and other instrumentalities of, and having	86
emergency response functions within, each participating political	87
subdivision, regarding this section, local procedures and plans,	88
and the resolution of the resource shortfalls.	89

(E) Participating political subdivisions may request	90
assistance of other participating political subdivisions in	91
response to and recovery from a disaster during formally declared	92
emergencies or in disaster-related exercises, testing, or other	93
training activities. Requests for assistance shall be made through	94
the emergency management agency or an official designated by the	95
chief executive of the participating political subdivision from	96
which the assistance is requested. Requests may be verbal or in	97
writing. If verbal, the request shall be confirmed in writing	98
within seventy-two hours after the verbal request is made.	99
Requests shall provide the following information:	100

(1) A description of the disaster;

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(2) A description of the assistance needed;

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(3) An estimate of the length of time the assistance will be	103
needed;	104

(4) The specific place and time for staging of the assistance	105
and a point of contact at that location.	106

(F) A participating political subdivision's obligation to	107
provide assistance in response to and recovery from a disaster or	108
in disaster-related exercises, testing, or other training	109
activities under this section is subject to the following	110
conditions:	111

(1) A participating political subdivision requesting	112
assistance must have either declared a state of emergency by	113
resolution of its chief executive or scheduled disaster-related	114
exercises, testing, or other training activities.	115

(2) A responding participating political subdivision may	116
withhold resources necessary to provide for its own protection.	117

(3) Personnel of a responding participating political	118
subdivision shall continue under their local command and control	119
structure, but shall be under the operational control of the	120
appropriate officials within the incident management system of the	121
participating political subdivision receiving assistance.	122

(G)(1) Nothing in this section alters the duties and	123
responsibilities of emergency response personnel.	124

(2) This section does not preclude a participating political	125
subdivision from entering into a mutual aid or other agreement	126
with another political subdivision, and does not affect any other	127
agreement to which a participating political subdivision may be a	128
party, or any request for assistance that may be made, under any	129
other section of the Revised Code, including, but not limited to,	130
any mutual aid arrangement under this chapter, any fire protection	131
or emergency medical services contract under section 9.60 of the	132
Revised Code, sheriffs' requests for assistance to preserve the	133
public peace and protect persons and property under section 311.07	134
of the Revised Code, agreements for mutual aid in police	135
protection under section 737.04 of the Revised Code, and mutual	136
aid agreements among emergency planning districts for hazardous	137
substances or chemicals response under sections 3750.02 and	138
3750.03 of the Revised Code.	139

(H)(1) Personnel of a responding participating political	140
subdivision who suffer injury or death in the course of, and	141
arising out of, their employment while rendering assistance to	142
another participating political subdivision under this section are	143
entitled to all applicable benefits under Chapters 4121. and 4123.	144
of the Revised Code.	145

(2) Personnel of a responding participating political	146
subdivision shall be considered, while rendering assistance in	147
another participating political subdivision under this section, to	148
be agents of the participating political subdivision receiving the	149
assistance for purposes of tort liability and immunity from tort	150
liability under the law of this state.	151

(3)(a) A responding participating political subdivision and	152
the personnel of that political subdivision, while rendering	153
assistance, or while in route to or from rendering assistance, in	154
another participating political subdivision under this section,	155
shall be deemed to be exercising governmental functions as defined	156
in section 2744.01 of the Revised Code, shall have the defenses to	157
and immunities from civil liability provided in sections 2744.02	158
and 2744.03 of the Revised Code, and shall be entitled to all	159
applicable limitations on recoverable damages under section	160
2744.05 of the Revised Code.	161

(b) A participating political subdivision requesting	162
assistance and the personnel of that political subdivision, while	163
requesting or receiving assistance from any other participating	164
political subdivisions under this section, shall be deemed to be	165
exercising governmental functions as defined in section 2744.01 of	166
the Revised Code, shall have the defenses to and immunities from	167
civil liability provided in sections 2744.02 and 2744.03 of the	168
Revised Code, and shall be entitled to all applicable limitations	169
on recoverable damages under section 2744.05 of the Revised Code.	170

(I) If a person holds a license, certificate, or other permit	171
issued by a participating political subdivision evidencing	172
qualification in a professional, mechanical, or other skill, and	173
if the assistance of that person is asked for by a participating	174
political subdivision receiving assistance under this section, the	175
person shall be deemed to be licensed or certified in or permitted	176
by the participating political subdivision receiving the	177
assistance to render the assistance, subject to any limitations	178
and conditions the chief executive of the participating political	179
subdivision receiving the assistance may prescribe by executive	180
order or otherwise.	181

(J) Except as otherwise provided in this division, any	182
participating political subdivision rendering assistance in	183
another participating political subdivision under this section	184
shall be reimbursed by the participating political subdivision	185
receiving the assistance for any loss or damage to, or expense	186
incurred in the operation of, any equipment used in rendering the	187
assistance, for any expense incurred in the provision of any	188
service used in rendering the assistance, and for all other costs	189
incurred in responding to the request for assistance. However, a	190
participating political subdivision rendering assistance may	191
assume in whole or in part the loss, damage, expense, or costs, or	192
may loan the equipment or donate the service to the participating	193
political subdivision receiving the assistance without charge or	194
cost; any two or more participating political subdivisions may	195
enter into agreements establishing a different allocation of loss,	196
damage, expense, or costs among themselves; and expenses incurred	197
under division (H)(1) of this section are not reimbursable under	198
this division. To avoid duplication of payments, insurance	199
proceeds available to cover any loss or damage to equipment of a	200
participating political subdivision rendering assistance shall be	201
considered in the reimbursement by the participating political	202
subdivision receiving the assistance.	203

Section 2.  This act is hereby declared to be an emergency	204
measure necessary for the immediate preservation of the public	205
peace, health, and safety. The reason for this necessity lies in	206
the fact that the September 11, 2001, terrorist attacks in New	207
York City and on the Pentagon in Arlington, Virginia, the	208
September 11, 2001, terrorist activity resulting in the crash of	209
United Airlines flight 93 in Pennsylvania, and the anthrax	210
incidents following in the wake of those terrorist events indicate	211
that emergency fire, medical, law enforcement, and other personnel	212
are often needed to respond quickly and in a coordinated manner to	213
disasters outside of political subdivision boundaries, and, thus,	214
it is fitting that Ohio, as soon as possible, have in place an	215
intrastate mutual aid compact for disaster response and recovery	216
that contains procedures for the use of response and recovery	217
resources outside of individual political subdivision boundaries.	218
Therefore, this act shall go into immediate effect.	219