(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 |
(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 |
(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 |
(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 |
(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 |