As Introduced

129th General Assembly Regular Session 2011-2012

S. B. No. 243

Senator Hughes 

Cosponsor: Senator Wagoner 

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A BILL

To amend sections 5502.21 and 5502.41, to enact new

1

section 5502.29 and section 3345.042, and to

2

repeal section 5502.29 of the Revised Code to

3

modify the laws governing the Intrastate Mutual

4

Aid Compact.

5

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

Section 1.  That sections 5502.21 and 5502.41 be amended and	6
new section 5502.29 and section 3345.042 of the Revised Code be	7
enacted to read as follows:	8

Sec. 3345.042. (A) As used in this section:

9

(1) "Community college" has the same meaning as in section	10
3354.01 of the Revised Code.	11

(2) "Countywide emergency management agency," "participating	12
political subdivision," "program for emergency management within a	13
political subdivision," and "regional authority for emergency	14
management" have the same meanings as in section 5502.41 of the	15
Revised Code.	16

(3) "Technical college" has the same meaning as in section	17
3357.01 of the Revised Code.	18

(4) "State community college" has the same meaning as in	19
section 3358.01 of the Revised Code.	20

(5) "State institution of higher education" has the same	21
meaning as in section 3345.011 of the Revised Code.	22

(6) "University branch" has the same meaning as in section	23
3355.01 of the Revised Code.	24

(B)(1) Except as provided in division (B)(2) of this section,	25
a state institution of higher education is considered to be a	26
participating political subdivision for purposes of the intrastate	27
mutual aid compact created under section 5502.41 of the Revised	28
Code.	29

(2) A state institution of higher education may elect not to	30
participate in the intrastate mutual aid compact by enacting or	31
adopting an appropriate resolution, rule, bylaw, or regulation to	32
that effect. The institution shall provide a copy of the	33
resolution, rule, bylaw, or regulation to the state emergency	34
management agency and to the countywide emergency management	35
agency, regional authority for emergency management, or program	36
for emergency management within a political subdivision, whichever	37
is responsible for emergency management at the institution.	38

(C) Except for a community college, state community college,	39
technical college, or university branch, a state institution of	40
higher education and its personnel, while requesting or providing	41
assistance or aid pursuant to the compact, shall be deemed to be	42
performing a public duty as defined in section 2743.01 of the	43
Revised Code and have the defenses to, and immunities from, civil	44
liability provided in section 2743.02 of the Revised Code.	45
Community colleges, state community colleges, technical colleges,	46
university branches, and personnel of such institutions, while	47
requesting or providing assistance or aid pursuant to the compact,	48
shall have the defenses and immunities from civil liability	49
provided in sections 2744.02 and 2744.03 of the Revised Code and	50
shall be entitled to all applicable limitations on recoverable	51
damages under section 2744.05 of the Revised Code.	52

Sec. 5502.21.  As used in sections 5502.21 to 5502.51 of the	53
Revised Code:	54

(A) "Agency" means any administrative or operational	55
division, including an office, department, bureau, board,	56
commission, or authority, of the state or of a political	57
subdivision thereof, including volunteer agencies, organizations,	58
or departments.	59

(B) "Attack" means any attack, either actual or imminent, or	60
a series of attacks by an actual or potential enemy of the United	61
States or by a foreign nation upon the United States that causes	62
or may cause substantial damage to or destruction of life,	63
property, or the environment within the United States or that is	64
designed to injure the military or economic strength of the United	65
States. "Attack" includes, without limitation, acts of sabotage,	66
acts of terrorism, invasion, the use of bombs or shellfire,	67
conventional, nuclear, chemical, or biological warfare, and the	68
use of other weapons or processes.	69

(C) "Chief executive" means the president of the United	70
States, the governor of this state, the board of county	71
commissioners of any county, the board of township trustees of any	72
township, or the mayor or city manager of any municipal	73
corporation within this state.	74

(D) "Civil defense" is an integral part of emergency	75
management that includes all those activities and measures	76
designed or undertaken to minimize the effects upon the civilian	77
population caused or that would be caused by any hazard and to	78
effect emergency repairs to, or the emergency restoration of,	79
vital equipment, resources, supplies, utilities, and facilities	80
necessary for survival and for the public health, safety, and	81
welfare that would be damaged or destroyed by any hazard. "Civil	82
defense" includes, but is not limited to:	83

(1) Those measures to be taken during a hazard, including all	84
of the following:	85

(a) The enforcement of those passive defense regulations	86
necessary for the protection of the civilian population and	87
prescribed by duly established military or civil authorities;	88

(b) The evacuation of personnel to shelter areas;

89

(c) The control of traffic and panic situations;

90

(d) The control and use of emergency communications,	91
lighting, and warning equipment and systems.	92

(2) Those measures to be taken after a hazard has occurred,	93
including all of the following:	94

(a) Activities necessary for firefighting, rescue, emergency,	95
medical, health, and sanitation services;	96

(b) Monitoring for secondary hazards that could be caused	97
from the initiating event;	98

(c) Damage assessment and disaster analysis operations;

99

(d) Coordination of disaster assistance programs;

100

(e) Monitoring for effects from weapons;

101

(f) Unexploded bomb reconnaissance;

102

(g) Essential debris clearance;

103

(h) Decontamination operations;

104

(i) Documentation of operations and financial expenses;

105

(j) Resource control;

106

(k) Any other activities that may be necessary for survival	107
and the overall health, safety, and welfare of the civilian	108
population.	109

(E) "Disaster" means any imminent threat or actual occurrence	110
of widespread or severe damage to or loss of property, personal	111
hardship or injury, or loss of life that results from any natural	112
phenomenon or act of a human.	113

(F) EmergencyExcept as provided in section 5502.41 of the	114
Revised Code, "emergency" means any period during which the	115
congress of the United States or a chief executive has declared or	116
proclaimed that an emergency exists.	117

(G) "Emergency management" includes all emergency	118
preparedness and civil defense activities and measures, whether or	119
not mentioned or described in sections 5502.21 to 5502.51 of the	120
Revised Code, that are designed or undertaken to minimize the	121
effects upon the civilian population caused or that could be	122
caused by any hazard and that are necessary to address mitigation,	123
emergency preparedness, response, and recovery.	124

(H) "Emergency preparedness" is an integral part of emergency	125
management that includes those activities and measures designed or	126
undertaken in preparation for any hazard, including, but not	127
limited to, natural disasters and hazards involving hazardous	128
materials or radiological materials, and that will enhance the	129
probability for preservation of life, property, and the	130
environment. "Emergency preparedness" includes, without	131
limitation:	132

(1) The establishment of appropriate agencies and	133
organizations;	134

(2) The development of necessary plans and standard operating	135
procedures for mitigation, preparation, response, and recovery	136
purposes, including, without limitation, the development of	137
supporting agreements and memorandums of understanding;	138

(3) Hazard identification;

139

(4) Capability assessment;

140

(5) The recruitment, retention, and training of personnel;

141

(6) The development, printing, and distribution of emergency	142
public information, education, and training materials and	143
programs;	144

(7) The necessary conduct of research;

145

(8) The development of resource inventories;

146

(9) The procurement and stockpiling of equipment, food,	147
water, medical supplies, and any other supplies necessary for	148
survival and for the public health, safety, and welfare;	149

(10) The development and construction of public shelter	150
facilities and shelter spaces;	151

(11) The development and construction of emergency operations	152
centers for the conduct and support of coordination, direction,	153
and control activities;	154

(12) When appropriate and considered necessary, the	155
nonmilitary evacuation or temporary relocation of the civilian	156
population.	157

(I) "Hazard" means any actual or imminent threat to the	158
survival or overall health, safety, or welfare of the civilian	159
population that is caused by any natural, human-made, or	160
technological event. "Hazard" includes, without limitation, an	161
attack, disaster, and emergency.	162

(J) "Hazard identification" means an identification,	163
historical analysis, inventory, or spatial distribution of risks	164
that could affect a specific geographical area and that would	165
cause a threat to the survival, health, safety, or welfare of the	166
civilian population, the property of that population, or the	167
environment.	168

(K) "Law" includes a general or special statute, law, local	169
law, ordinance, resolution, rule, order, or rule of common law.	170

(L) "Mitigation" means all those activities that reduce or	171
eliminate the probability of a hazard. "Mitigation" also includes	172
long-term activities and measures designed to reduce the effects	173
of unavoidable hazards.	174

(M) PoliticalExcept as provided in section 5502.41 of the	175
Revised Code, "political subdivision" means a county, township, or	176
municipal corporation in this state.	177

(N) "Recovery" includes all those activities required and	178
necessary to return an area to its former condition to the extent	179
possible following the occurrence of any hazard.	180

(O) "Response" includes all those activities that occur	181
subsequent to any hazard and that provide emergency assistance	182
from the effects of any such hazard, reduce the probability of	183
further injury, damage, or destruction, and are designed or	184
undertaken to speed recovery operations.	185

(P) "Structure" includes shelters, additions to or	186
alterations of existing buildings, and portions of existing	187
buildings dedicated to public use, made and designed exclusively	188
for protection against the shock or other effects of nuclear,	189
biological, or chemical warfare, special housing for equipment,	190
and all other structural means of protection of individuals and	191
property against any hazard.	192

(Q) "Equipment" includes fire-fighting, first-aid, emergency	193
medical, hospital, salvage, and rescue equipment and materials,	194
equipment for evacuation or relocation of individuals,	195
radiological monitoring equipment, hazardous materials response	196
gear, communications equipment, warning equipment, and all other	197
means, in the nature of personal property, to be used exclusively	198
in the protection of individuals and property against the effects	199
of any hazard.	200

(R) "Certifying authority" means the executive director of	201
the emergency management agency provided for by section 5502.22 of	202
the Revised Code.	203

(S) "Civil defense certificate" means a civil defense	204
certificate of necessity issued pursuant to section 5502.42 of the	205
Revised Code.	206

Sec. 5502.29. (A) As used in this section, "emergency	207
responder" includes a person who is required to possess a license,	208
certificate, permit, or other official recognition for the	209
person's expertise in a particular field or area of knowledge and	210
whose assistance is desirable during an emergency. An emergency	211
responder includes, without limitation, the following: fire	212
fighters, including hazardous materials, specialized rescue,	213
extrication, water rescue, and other specialized personnel,	214
emergency medical services personnel, law enforcement officers,	215
physicians, nurses, mental health, veterinary, or other public	216
health practitioners, emergency management personnel, or public	217
works personnel.	218

(B) Political subdivisions, in collaboration with other	219
public and private agencies within the state, may develop mutual	220
aid agreements for reciprocal emergency management aid and	221
assistance in case of any disaster too great to be dealt with	222
unassisted. In the time of any disaster, each political	223
subdivision may render assistance in accordance with the mutual	224
aid agreements. A mutual aid agreement shall not in any manner	225
relieve the chief executive of any political subdivision of the	226
responsibility of providing for emergency management.	227

(C) In order to more adequately address emergencies that	228
extend beyond a political subdivision's borders or that exceed its	229
emergency response capabilities, either without rising to the	230
level of a local or state declaration of emergency or in the	231
initial stages of an event that may later result in a local or	232
state declaration of emergency, political subdivisions, in	233
collaboration with other public and private agencies in political	234
subdivisions in adjacent states, may develop agreements for	235
emergency management mutual aid and assistance in case of any	236
disaster too great to be dealt with unassisted. In the time of any	237
such disaster, each political subdivision may render assistance in	238
accordance with the mutual aid agreements. A mutual aid agreement	239
with political subdivisions in adjacent states shall be approved	240
by the chief elected officials of the agreeing political	241
subdivision or their designees and shall be prepared in accordance	242
with the laws, regulations, ordinances, and resolutions applicable	243
to the agreeing political subdivisions.	244

(D) When engaged in training, stand-by, and emergency	245
response in accordance with a mutual aid agreement, emergency	246
responders from outside the state shall be permitted to provide	247
services within this state in accordance with this section and the	248
terms of the mutual aid agreement. Nothing in this section	249
prohibits a private company or its employees from participating in	250
the provision of mutual aid, if the participating political	251
subdivision approves the participation and the contract between	252
the political subdivision and the participating private company	253
permits the participation.	254

(E) Whenever an emergency responder from outside the state	255
that is subject to a mutual aid agreement authorized by this	256
section holds a license, certificate, or other permit issued by	257
any state evidencing qualification for professional, mechanical,	258
or other skills, the license, certificate, or other permit shall	259
be recognized by this state as authorizing the emergency responder	260
to render aid involving such skill to meet the request for	261
assistance, so long as the person is acting within the scope of	262
the person's license, certificate, or other permit.	263

(F) Emergency responders from outside the state rendering	264
mutual aid within the state pursuant to a mutual aid agreement	265
authorized by this section remain employees and agents of their	266
respective employers and political subdivisions, and nothing in	267
this section or any mutual aid agreement entered into pursuant to	268
this section creates an employment relationship between the	269
political subdivision requesting aid and the employees and agents	270
of the political subdivision rendering aid.	271

(G) Any function performed under this section shall be	272
considered to be performed for public and governmental purposes	273
and all immunities from liability enjoyed by this state and its	274
political subdivisions and their officials, agents, and employees	275
within the state's boundaries shall extend to the emergency	276
responders from another state providing mutual aid or while	277
engaged in training and exercises pursuant to a written mutual aid	278
agreement authorized by this section and as further described in	279
section 5502.30 of the Revised Code.	280

(H) Chapter 2744. of the Revised Code, insofar as it is	281
applicable to emergency management activities, applies to a	282
political subdivision that is conducting emergency management	283
activities and its officials, agents, and employees when rendering	284
services pursuant to this section outside the boundaries of the	285
political subdivision.	286

(I) All pension, relief, disability, death benefits, workers'	287
compensation, and other benefits enjoyed by emergency responders	288
rendering interstate or intrastate mutual aid shall extend to the	289
services they perform outside their respective jurisdictions to	290
the same extent as while acting within the boundaries of the	291
political subdivision, and they are entitled to the rights and	292
benefits of Chapter 4123. of the Revised Code to the same extent	293
as while acting within the boundaries of the political	294
subdivision.	295

(J) For purposes of a response to a request made pursuant to	296
section 5502.40 of the Revised Code, employees of political	297
subdivisions within this state may offer their resources to the	298
executive director of the state emergency management agency. The	299
state emergency management agency may offer those resources to the	300
requesting state, and, if accepted, the executive director may	301
enter into an agreement with any political subdivision within the	302
state to provide those resources to the requesting state. The	303
state emergency management agency shall coordinate the resources	304
and the response to the request, but the political subdivision	305
employees shall remain under the command and control of their	306
regular employer during any deployment.	307

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

308

(1) "Chief executive of a participating political	309
subdivision" means the elected chief executive of a participating	310
political subdivision or, if the political subdivision does not	311
have an elected chief executive, a member of the political	312
subdivision's governing body or an employee of the political	313
subdivision appointed by the governing body's members to be its	314
representative for purposes of the intrastate mutual aid program	315
created pursuant to this section.	316

(2) "Countywide emergency management agency" means a	317
countywide emergency management agency established under section	318
5502.26 of the Revised Code.	319

(2)(3) "Emergency" means any period during which the congress	320
of the United States, a chief executive as defined in section	321
5502.21 of the Revised Code, or a chief executive of a	322
participating political subdivision has declared or proclaimed	323
that an emergency exists.	324

(4) "Participating political subdivision" means each	325
political subdivision in this state except a political subdivision	326
that enacts or adopts, by appropriate legislation, ordinance,	327
resolution, rule, bylaw, or regulation signed by its chief	328
executive, a declarationdecision not to participate in the	329
intrastate mutual aid program created by this section and that	330
provides a copy of the legislation, ordinance, resolution, rule,	331
bylaw, or regulation to the state emergency management agency and	332
to the countywide emergency management agency, regional authority	333
for emergency management, or program for emergency management	334
within the political subdivision, which is responsible for	335
emergency management in the political subdivision.	336

(3)(5) "Planned event" means a scheduled nonemergency	337
activity as defined by the national incident management system	338
adopted under section 5502.28 of the Revised Code as the state's	339
standard procedure for incident management. "Planned event"	340
includes, but is not limited to, a sporting event, concert, or	341
parade.	342

(6) "Political subdivision" or "subdivision" has the same	343
meaning as in section 2744.01 of the Revised Code.	344

(7) "Program for emergency management within a political	345
subdivision" means a program for emergency management created by a	346
political subdivision under section 5502.271 of the Revised Code.	347

(4)(8) "Regional authority for emergency management" means a	348
regional authority for emergency management established under	349
section 5502.27 of the Revised Code.	350

(9) "Regional response team" means a group of persons from	351
participating political subdivisions who provide mutual assistance	352
or aid in preparation for, response to, or recovery from an	353
incident, disaster, exercise, training activity, planned event, or	354
emergency, any of which requires additional resources. "Regional	355
response team" includes, but is not limited to, an incident	356
management team, hazardous materials response team, water rescue	357
team, bomb team, or search and rescue team.	358

(B) There is hereby created the intrastate mutual aid program	359
to be known as "the intrastate mutual aid compact" to complement	360
existing mutual aid agreements in the event of a disaster that	361
results in a formal declaration of emergency by a participating	362
political subdivision. The program shall providehave two	363
purposes:	364

(1) Provide for mutual assistance or aid among the	365
participating political subdivisions in response to and recovery	366
from anyfor purposes of preparing for, responding to, and	367
recovering from an incident, disaster that results in a formal	368
declaration of emergency by a participating political subdivision;	369
shall provide for mutual cooperation among the participating	370
political subdivisions in conducting disaster-related exercises,	371
testing, or other training activities using the services,	372
equipment, supplies, materials, personnel, and other resources of	373
the participating political subdivisions to simulate the provision	374
of mutual aid; and shall embody, exercise, training activity,	375
planned event, or emergency, any of which requires additional	376
resources;	377

(2) Establish a method by which a participating political	378
subdivision may seek assistance in the event of a formally	379
declared emergency, whichor aid that resolves many of the common	380
issues facing political subdivisions at the time of a formally	381
declared emergencybefore, during, and after an incident,	382
disaster, exercise, training activity, planned event, or	383
emergency, any of which requires additional resources, and will	384
ensurethat ensures, to the extent possible, eligibility for	385
available state and federal disaster assistance or other funding.	386

(C) Each countywide emergency management agency, regional	387
authority for emergency management, and program for emergency	388
management within a political subdivision, which is responsible	389
for emergency management in a participating political subdivision	390
shall, as part of its program for emergency management under	391
sections 5502.22, 5502.26, 5502.27, and 5502.271 of the Revised	392
Code, as applicable, and in coordination with all departments,	393
divisions, boards, commissions, agencies, and other	394
instrumentalities of, and having emergency response functions	395
within, each participatingthat political subdivision served by	396
that agency, authority, or program, shall establish procedures or	397
plans that, to the extent possible, accomplish both of the	398
following:	399

(1) Identify hazards that potentially could affect the	400
participating political subdivisions served by that agency,	401
authority, or program;	402

(2) Identify and inventory the current services, equipment,	403
supplies, personnel, and other resources related to the	404
preparedness, response, and recovery activities of the	405
participating political subdivisions served by that agency,	406
authority, or program.	407

(D)(1) Within one year after December 23, 2002, theThe	408
executive director of the state emergency management agency shall	409
coordinate with the countywide emergency management agencies,	410
regional authorities for emergency management, and programs for	411
emergency management within a political subdivision, which are	412
responsible for emergency management in participating political	413
subdivisions, in identifying and formulating appropriate	414
procedures or plans to resolve resource shortfalls, as part of	415
their respective programs for emergency management under sections	416
5502.22, 5502.26, 5502.27, and 5502.271 of the Revised Code, as	417
applicable.	418

(2) During and after the formulation of the procedures or	419
plans to resolve resource shortfalls, there shall be ongoing	420
consultation and coordination among the executive director of the	421
state emergency management agency; the countywide emergency	422
management agencies, regional authorities for emergency	423
management, and programs for emergency management within a	424
political subdivision, which are responsible for emergency	425
management in participating political subdivisions; and all	426
departments, divisions, boards, commissions, agencies, and other	427
instrumentalities of, and having emergency response functions	428
within, each participating political subdivision, regarding this	429
section, local procedures and plans, and the resolution of the	430
resource shortfalls.	431

(E) Participating political subdivisions may request	432
assistance of other participating political subdivisions in	433
response to and recovery from a disaster during formally declared	434
emergencies or in disaster-related exercises, testing, or other	435
training activities.(1) A participating political subdivision	436
that is impacted by an incident, disaster, exercise, training	437
activity, planned event, or emergency, any of which requires	438
additional resources, may request mutual assistance or aid by	439
doing either of the following:	440

(a) Declaring a state of emergency and issuing a request for	441
assistance or aid from any other participating political	442
subdivision;	443

(b) Issuing to another participating political subdivision a	444
verbal or written request for assistance or aid. If the request is	445
made verbally, a written confirmation of the request shall be made	446
not later than seventy-two hours after the verbal request is made.	447

(2) Requests for assistance or aid made under division (E)(1)	448
of this section shall be made through the emergency management	449
agency of a participating political subdivision or an official	450
designated by the chief executive of the participating political	451
subdivision from which the assistance or aid is requested.	452
Requests may be verbal or in writing. If verbal, the request shall	453
be confirmed in writing within seventy-two hours after the verbal	454
request is made. Requestsand shall provide the following	455
information:	456

(1)(a) A description of the incident, disaster, exercise,	457
training activity, planned event, or emergency;	458

(2)(b) A description of the assistance or aid needed;

459

(3)(c) An estimate of the length of time the assistance or	460
aid will be needed;	461

(4)(d) The specific place and time for staging of the	462
assistance or aid and a point of contact at that location.	463

(F) A participating political subdivision's obligation to	464
subdivision shall provide assistance in response to and recovery	465
from a disaster or in disaster-related exercises, testing, or	466
other training activitiesunder this sectionor aid to another	467
participating political subdivision that is impacted by an	468
incident, disaster, exercise, training activity, planned event, or	469
emergency, any of which requires additional resources. The	470
provision of the assistance or aid is subject to the following	471
conditions:	472

(1) A participating political subdivision requesting	473
assistance must have either declared a state of emergency by	474
resolution of its chief executive or scheduled disaster-related	475
exercises, testing, or other training activities.	476

(2) AThe responding participating political subdivision may	477
withhold resources necessary to provide for its own protection.	478

(3)(2) Personnel of athe responding participating political	479
subdivision shall continue under their local command and control	480
structure, but shall be under the operational control of the	481
appropriate officials within the incident management system of the	482
participating political subdivision receiving assistance or aid.	483

(4)(3) Responding law enforcement officers acting pursuant to	484
this section have the same authority to enforce the law as when	485
acting within the territory of their regular employment.	486

(G)(1) Nothing in this section altersshall do any of the	487
following:	488

(a) Alter the duties and responsibilities of emergency	489
response personnel;	490

(b) Prohibit a private company from participating in the	491
provision of mutual assistance or aid pursuant to the compact	492
created pursuant to this section if the participating political	493
subdivision approves the participation and the contract with the	494
private company allows for the participation;	495

(c) Prohibit employees of participating political	496
subdivisions from responding to a request for mutual assistance or	497
aid precipitated by an incident, disaster, exercise, training	498
activity, planned event, or emergency, any of which requires	499
additional resources, when the employees are responding as part of	500
a regional response team that is under the operational control of	501
the incident command structure;	502

(d) Authorize employees of participating political	503
subdivisions to respond to an incident, disaster, exercise,	504
training activity, planned event, or emergency, any of which	505
requires additional resources, without a request from a	506
participating political subdivision.	507

(2) This section does not preclude a participating political	508
subdivision from entering into a mutual aid or other agreement	509
with another political subdivision, and does not affect any other	510
agreement to which a participating political subdivision may be a	511
party, or any request for assistance or aid that may be made,	512
under any other section of the Revised Code, including, but not	513
limited to, any mutual aid arrangement under this chapter, any	514
fire protection or emergency medical services contract under	515
section 9.60 of the Revised Code, sheriffs' requests for	516
assistance to preserve the public peace and protect persons and	517
property under section 311.07 of the Revised Code, agreementsany	518
agreement for mutual assistance or aid in police protection under	519
section 737.04 of the Revised Code, any agreement for law	520
enforcement services between universities and colleges and	521
political subdivisions under section 3345.041 or 3345.21 of the	522
Revised Code, and mutual aid agreements among emergency planning	523
districts for hazardous substances or chemicals response under	524
sections 3750.02 and 3750.03 of the Revised Code.	525

(H)(1) Personnel of a responding participating political	526
subdivision who suffer injury or death in the course of, and	527
arising out of, their employment while rendering assistance or aid	528
under this section to another participating political subdivision	529
under this section are entitled to all applicable benefits under	530
Chapters 4121. and 4123. of the Revised Code.	531

(2) Personnel of a responding participating political	532
subdivision shall be considered, while rendering assistance or aid	533
under this section in another participating political subdivision	534
under this section, to be agents of the participatingresponding	535
political subdivision receiving the assistance for purposes of	536
tort liability and immunity from tort liability under the law of	537
this state.	538

(3)(a) A responding participating political subdivision and	539
the personnel of that political subdivision, while rendering	540
assistance or aid under this section, or while in route to or from	541
rendering assistance or aid under this section, in another	542
participating political subdivision under this section, shall be	543
deemed to be exercising governmental functions as defined in	544
section 2744.01 of the Revised Code, shall have the defenses to	545
and immunities from civil liability provided in sections 2744.02	546
and 2744.03 of the Revised Code, and shall be entitled to all	547
applicable limitations on recoverable damages under section	548
2744.05 of the Revised Code.	549

(b) A participating political subdivision requesting	550
assistance or aid and the personnel of that political subdivision,	551
while requesting or receiving assistance or aid under this	552
section from any other participating political subdivisions under	553
this sectionsubdivision, shall be deemed to be exercising	554
governmental functions as defined in section 2744.01 of the	555
Revised Code, shall have the defenses to and immunities from civil	556
liability provided in sections 2744.02 and 2744.03 of the Revised	557
Code, and shall be entitled to all applicable limitations on	558
recoverable damages under section 2744.05 of the Revised Code.	559

(I) If a person holds a license, certificate, or other permit	560
issued by a participating political subdivision evidencing	561
qualification in a professional, mechanical, or other skill, and	562
if the assistance or aid of that person is asked for under this	563
section by a participating political subdivision receiving	564
assistance under this section, the person shall be deemed to be	565
licensed or certified in or permitted by the participating	566
political subdivision receiving the assistance or aid to render	567
the assistance or aid, subject to any limitations and conditions	568
the chief executive of the participating political subdivision	569
receiving the assistance or aid may prescribe by executive order	570
or otherwise.	571

(J) Except(1) Subject to division (K) of this section and	572
except as otherwise provided in this division (J)(2) of this	573
section, any participating political subdivision rendering	574
assistance or aid under this section in another participating	575
political subdivision under this section shall be reimbursed by	576
the participating political subdivision receiving the assistance	577
or aid for any loss or damage to, or expense incurred in the	578
operation of, any equipment used in rendering the assistance or	579
aid, for any expense incurred in the provision of any service used	580
in rendering the assistance or aid, and for all other costs	581
incurred in responding to the request for assistance or aid.	582
However, a participating political subdivision rendering	583
assistance may assume in whole or in part the loss, damage,	584
expense, or costs, or may loan the equipment or donate the service	585
to the participating political subdivision receiving the	586
assistance without charge or cost; any two or more participating	587
political subdivisions may enter into agreements establishing a	588
different allocation of loss, damage, expense, or costs among	589
themselves; and expenses incurred under division (H)(1) of this	590
section are not reimbursable under this division. To avoid	591
duplication of payments, insurance proceeds available to cover any	592
loss or damage to equipment of a participating political	593
subdivision rendering assistance or aid shall be considered in the	594
reimbursement by the participating political subdivision receiving	595
the assistance or aid.	596

(2) A participating political subdivision rendering	597
assistance or aid under this section to another participating	598
political subdivision shall not be reimbursed for either of the	599
following:	600

(a) The first eight hours of mutual assistance or aid it	601
provides to the political subdivision receiving the assistance or	602
aid;	603

(b) Expenses the participating political subdivision incurs	604
under division (H)(1) of this section.	605

(K) A participating political subdivision rendering	606
assistance or aid under this section may do any of the following:	607

(1) Assume, in whole or in part, any loss, damage, expense,	608
or cost the political subdivision incurs in rendering the	609
assistance or aid;	610

(2) Loan, without charge, any equipment, or donate any	611
service, to the political subdivision receiving the assistance or	612
aid;	613

(3) Enter into agreements with one or more other	614
participating political subdivisions to establish different	615
allocations of losses, damages, expenses, or costs among such	616
political subdivisions.	617

Section 2. That existing sections 5502.21 and 5502.41 and	618
section 5502.29 of the Revised Code are hereby repealed.	619