As Passed by the House

129th General Assembly Regular Session 2011-2012

Am. Sub. S. B. No. 243

Senator Hughes 

Cosponsors: Senators Wagoner, Patton, Turner, Bacon, Balderson, Beagle, Coley, Daniels, LaRose, Lehner, Niehaus, Schaffer, Seitz, Tavares 

Representatives Hagan, R., Kozlowski, Uecker, Combs, Damschroder, Johnson, O'Brien, Anielski, Antonio, Beck, Blessing, Bubp, Buchy, Butler, Carney, Celebrezze, Derickson, Dovilla, Duffey, Fende, Gardner, Garland, Gonzales, Goyal, Heard, Hill, Letson, Mallory, Matheney, McClain, Roegner, Rose, Rosenberger, Ruhl, Sears, Slaby, Sprague, Stinziano, Szollosi, Wachtmann, Young, Yuko Speaker Batchelder 

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A BILL

To amend sections 121.40, 3701.04, 4765.06, 4765.43,

1

5502.21, 5502.29, and 5502.41, to enact sections

2

3345.042 and 5502.281, and to repeal section

3

121.404 of the Revised Code to modify the laws

4

governing the Intrastate Mutual Aid Compact, the

5

volunteer database of the Department of Health and

6

the Emergency Management Agency, to address the

7

transmittal of certain data to the National

8

Emergency Medical Services Information System and

9

to revise ambulance staffing requirements.

10

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

Section 1.  That sections 121.40, 3701.04, 4765.06, 4765.43,	11
5502.21, 5502.29, and 5502.41 be amended and sections 3345.042 and	12
5502.281 of the Revised Code be enacted to read as follows:	13

Sec. 121.40.  (A) There is hereby created the Ohio commission	14
on service and volunteerism consisting of twenty-one voting	15
members including the superintendent of public instruction or the	16
superintendent's designee, the chancellor of the Ohio board of	17
regents or the chancellor's designee, the director of youth	18
services or the director's designee, the director of aging or the	19
director's designee, the chairperson of the committee of the house	20
of representatives dealing with education or the chairperson's	21
designee, the chairperson of the committee of the senate dealing	22
with education or the chairperson's designee, and fifteen members	23
who shall be appointed by the governor with the advice and consent	24
of the senate and who shall serve terms of office of three years.	25
The appointees shall include educators, including teachers and	26
administrators; representatives of youth organizations; students	27
and parents; representatives of organizations engaged in volunteer	28
program development and management throughout the state, including	29
youth and conservation programs; and representatives of business,	30
government, nonprofit organizations, social service agencies,	31
veterans organizations, religious organizations, or philanthropies	32
that support or encourage volunteerism within the state. The	33
director of the governor's office of faith-based and community	34
initiatives shall serve as a nonvoting ex officio member of the	35
commission. Members of the commission shall receive no	36
compensation, but shall be reimbursed for actual and necessary	37
expenses incurred in the performance of their official duties.	38

(B) The commission shall appoint an executive director for	39
the commission, who shall be in the unclassified civil service.	40
The governor shall be informed of the appointment of an executive	41
director before such an appointment is made. The executive	42
director shall supervise the commission's activities and report to	43
the commission on the progress of those activities. The executive	44
director shall do all things necessary for the efficient and	45
effective implementation of the duties of the commission.	46

The responsibilities assigned to the executive director do	47
not relieve the members of the commission from final	48
responsibility for the proper performance of the requirements of	49
this section.	50

(C) The commission or its designee shall do all of the	51
following:	52

(1) Employ, promote, supervise, and remove all employees as	53
needed in connection with the performance of its duties under this	54
section and may assign duties to those employees as necessary to	55
achieve the most efficient performance of its functions, and to	56
that end may establish, change, or abolish positions, and assign	57
and reassign duties and responsibilities of any employee of the	58
commission. Personnel employed by the commission who are subject	59
to Chapter 4117. of the Revised Code shall retain all of their	60
rights and benefits conferred pursuant to that chapter. Nothing in	61
this chapter shall be construed as eliminating or interfering with	62
Chapter 4117. of the Revised Code or the rights and benefits	63
conferred under that chapter to public employees or to any	64
bargaining unit.	65

(2) Maintain its office in Columbus, and may hold sessions at	66
any place within the state;	67

(3) Acquire facilities, equipment, and supplies necessary to	68
house the commission, its employees, and files and records under	69
its control, and to discharge any duty imposed upon it by law. The	70
expense of these acquisitions shall be audited and paid for in the	71
same manner as other state expenses. For that purpose, the	72
commission shall prepare and submit to the office of budget and	73
management a budget for each biennium according to sections	74
101.532 and 107.03 of the Revised Code. The budget submitted shall	75
cover the costs of the commission and its staff in the discharge	76
of any duty imposed upon the commission by law. The commission	77
shall not delegate any authority to obligate funds.	78

(4) Pay its own payroll and other operating expenses from	79
line items designated by the general assembly;	80

(5) Retain its fiduciary responsibility as appointing	81
authority. Any transaction instructions shall be certified by the	82
appointing authority or its designee.	83

(6) Establish the overall policy and management of the	84
commission in accordance with this chapter;	85

(7) Assist in coordinating and preparing the state	86
application for funds under sections 101 to 184 of the "National	87
and Community Service Act of 1990," 104 Stat. 3127 (1990), 42	88
U.S.C.A. 12411 to 12544, as amended, assist in administering and	89
overseeing the "National and Community Service Trust Act of 1993,"	90
P.L. 103-82, 107 Stat. 785, and the americorps program in this	91
state, and assist in developing objectives for a comprehensive	92
strategy to encourage and expand community service programs	93
throughout the state;	94

(8) Assist the state board of education, school districts,	95
the chancellor of the board of regents, and institutions of higher	96
education in coordinating community service education programs	97
through cooperative efforts between institutions and organizations	98
in the public and private sectors;	99

(9) Assist the departments of natural resources, youth	100
services, aging, and job and family services in coordinating	101
community service programs through cooperative efforts between	102
institutions and organizations in the public and private sectors;	103

(10) Suggest individuals and organizations that are available	104
to assist school districts, institutions of higher education, and	105
the departments of natural resources, youth services, aging, and	106
job and family services in the establishment of community service	107
programs and assist in investigating sources of funding for	108
implementing these programs;	109

(11) Assist in evaluating the state's efforts in providing	110
community service programs using standards and methods that are	111
consistent with any statewide objectives for these programs and	112
provide information to the state board of education, school	113
districts, the chancellor of the board of regents, institutions of	114
higher education, and the departments of natural resources, youth	115
services, aging, and job and family services to guide them in	116
making decisions about these programs;	117

(12) Assist the state board of education in complying with	118
section 3301.70 of the Revised Code and the chancellor of the	119
board of regents in complying with division (B)(2) of section	120
3333.043 of the Revised Code;	121

(13) Advise, assist, consult with, and cooperate with, by	122
contract or otherwise, agencies and political subdivisions of this	123
state in establishing a statewide system for volunteers pursuant	124
to section 121.404 of the Revised Code.	125

(D) The commission shall in writing enter into an agreement	126
with another state agency to serve as the commission's fiscal	127
agent. Before entering into such an agreement, the commission	128
shall inform the governor of the terms of the agreement and of the	129
state agency designated to serve as the commission's fiscal agent.	130
The fiscal agent shall be responsible for all the commission's	131
fiscal matters and financial transactions, as specified in the	132
agreement. Services to be provided by the fiscal agent include,	133
but are not limited to, the following:	134

(1) Preparing and processing payroll and other personnel	135
documents that the commission executes as the appointing	136
authority;	137

(2) Maintaining ledgers of accounts and reports of account	138
balances, and monitoring budgets and allotment plans in	139
consultation with the commission; and	140

(3) Performing other routine support services that the fiscal	141
agent considers appropriate to achieve efficiency.	142

(E)(1) The commission, in conjunction and consultation with	143
the fiscal agent, has the following authority and responsibility	144
relative to fiscal matters:	145

(a) Sole authority to draw funds for any and all federal	146
programs in which the commission is authorized to participate;	147

(b) Sole authority to expend funds from their accounts for	148
programs and any other necessary expenses the commission may incur	149
and its subgrantees may incur; and	150

(c) Responsibility to cooperate with and inform the fiscal	151
agent fully of all financial transactions.	152

(2) The commission shall follow all state procurement,	153
fiscal, human resources, statutory, and administrative rule	154
requirements.	155

(3) The fiscal agent shall determine fees to be charged to	156
the commission, which shall be in proportion to the services	157
performed for the commission.	158

(4) The commission shall pay fees owed to the fiscal agent	159
from a general revenue fund of the commission or from any other	160
fund from which the operating expenses of the commission are paid.	161
Any amounts set aside for a fiscal year for the payment of these	162
fees shall be used only for the services performed for the	163
commission by the fiscal agent in that fiscal year.	164

(F) The commission may accept and administer grants from any	165
source, public or private, to carry out any of the commission's	166
functions this section establishes.	167

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

168

(1) "Community college" has the same meaning as in section	169
3354.01 of the Revised Code.	170

(2) "Countywide emergency management agency," "participating	171
political subdivision," "program for emergency management within a	172
political subdivision," and "regional authority for emergency	173
management" have the same meanings as in section 5502.41 of the	174
Revised Code.	175

(3) "Technical college" has the same meaning as in section	176
3357.01 of the Revised Code.	177

(4) "State community college" has the same meaning as in	178
section 3358.01 of the Revised Code.	179

(5) "State institution of higher education" has the same	180
meaning as in section 3345.011 of the Revised Code.	181

(6) "University branch" has the same meaning as in section	182
3355.01 of the Revised Code.	183

(B)(1) Except as provided in division (B)(2) of this section,	184
a state institution of higher education is considered to be a	185
participating political subdivision for purposes of the intrastate	186
mutual aid compact created under section 5502.41 of the Revised	187
Code.	188

(2) A state institution of higher education may elect not to	189
participate in the intrastate mutual aid compact by enacting or	190
adopting an appropriate resolution, rule, bylaw, or regulation to	191
that effect. The institution shall provide a copy of the	192
resolution, rule, bylaw, or regulation to the state emergency	193
management agency and to the countywide emergency management	194
agency, regional authority for emergency management, or program	195
for emergency management within a political subdivision, whichever	196
is responsible for emergency management at the institution.	197

(C) Except for a community college, state community college,	198
technical college, or university branch, a state institution of	199
higher education and its personnel, while requesting or providing	200
assistance or aid pursuant to the compact, shall be deemed to be	201
performing a public duty as defined in section 2743.01 of the	202
Revised Code and have the defenses to, and immunities from, civil	203
liability provided in section 2743.02 of the Revised Code.	204
Community colleges, state community colleges, technical colleges,	205
university branches, and personnel of such institutions, while	206
requesting or providing assistance or aid pursuant to the compact,	207
shall have the defenses and immunities from civil liability	208
provided in sections 2744.02 and 2744.03 of the Revised Code and	209
shall be entitled to all applicable limitations on recoverable	210
damages under section 2744.05 of the Revised Code.	211

Sec. 3701.04.  (A) The director of health shall:

212

(1) Require reports and make inspections and investigations	213
that the director considers necessary;	214

(2) Provide administration, appoint personnel, make reports,	215
and take other action as necessary to comply with the requirements	216
of the "Construction and Modernization of Hospitals and Other	217
Medical Facilities Act," Title VI of the "Public Health Service	218
Act," 60 Stat. 1041 (1946), 42 U.S.C. 291, as amended, and the	219
regulations adopted under that act;	220

(3) Procure by contract the temporary or intermittent	221
services of experts, consultants, or organizations when those	222
services are to be performed on a part-time or fee-for-service	223
basis and do not involve the performance of administrative duties;	224

(4) Enter into agreements for the utilization of the	225
facilities and services of other departments, agencies, and	226
institutions, public or private;	227

(5) On behalf of the state, solicit, accept, hold,	228
administer, and deposit in the state treasury to the credit of the	229
general operations fund created in section 3701.83 of the Revised	230
Code, any grant, gift, devise, bequest, or contribution made to	231
assist in meeting the cost of carrying out the director's	232
responsibilities and expend the grant, gift, devise, bequest, or	233
contribution for the purpose for which made. Fees collected by the	234
director in connection with meetings and conferences shall also be	235
credited to the fund and expended for the purposes for which paid.	236

(6) Make an annual report to the governor on activities and	237
expenditures, including recommendations for such additional	238
legislation as the director considers appropriate to furnish	239
adequate hospital, clinic, and similar facilities to the people of	240
this state.	241

(7) Establish(B) The director, in accordance with Chapter	242
119. of the Revised Code, shall adopt rules jointly with the	243
executive director of the emergency management agency to do both	244
of the following, as required by section 5502.281 of the Revised	245
Code:	246

(1) Advise, assist, consult with, and cooperate with agencies	247
and political subdivisions of this state to establish and maintain	248
a statewide system for recruiting, registering, training, and	249
deploying volunteers the director determines are advisable and	250
reasonably necessary to respond to an emergency involving the	251
public's healthdeclared by the state or a political subdivision;	252

(2) Establish fees, procedures, standards, and requirements	253
necessary for recruiting, registering, training, and deploying the	254
volunteers.	255

(B)(C) The director of health may enter into agreements to	256
sell services offered by the department of health to boards of	257
health of city and general health districts and to other	258
departments, agencies, and institutions of this state, other	259
states, or the United States. Fees collected by the director for	260
the sale of services shall be deposited into the state treasury to	261
the credit of the general operations fund created in section	262
3701.83 of the Revised Code.	263

Sec. 4765.06.  (A) The state board of emergency medical	264
services shall establish an emergency medical services incidence	265
reporting system for the collection of information regarding the	266
delivery of emergency medical services in this state and the	267
frequency at which the services are provided. All emergency	268
medical service organizations shall submit to the board any	269
information that the board determines is necessary for maintaining	270
the incidence reporting system.	271

(B) The board shall establish a state trauma registry to be	272
used for the collection of information regarding the care of adult	273
and pediatric trauma victims in this state. The registry shall	274
provide for the reporting of adult and pediatric trauma-related	275
deaths, identification of adult and pediatric trauma patients,	276
monitoring of adult and pediatric trauma patient care data,	277
determination of the total amount of uncompensated adult and	278
pediatric trauma care provided annually by each facility that	279
provides care to trauma victims, and collection of any other	280
information specified by the board. All persons designated by the	281
board shall submit to the board any information it determines is	282
necessary for maintaining the state trauma registry. At the	283
request of the board any state agency possessing information	284
regarding adult or pediatric trauma care shall provide the	285
information to the board. The board shall maintain the state	286
trauma registry in accordance with rules adopted under section	287
4765.11 of the Revised Code.	288

Rules relating to the state trauma registry adopted under	289
this section and section 4765.11 of the Revised Code shall not	290
prohibit the operation of other trauma registries and may provide	291
for the reporting of information to the state trauma registry by	292
or through other trauma registries in a manner consistent with	293
information otherwise reported to the state trauma registry. Other	294
trauma registries may report aggregate information to the state	295
trauma registry, provided the information can be matched to the	296
person that reported it. Information maintained by another trauma	297
registry and reported to the state trauma registry in lieu of	298
being reported directly to the state trauma registry is a public	299
record and shall be maintained, made available to the public, held	300
in confidence, risk adjusted, and not subject to discovery or	301
introduction into evidence in a civil action as provided in	302
section 149.43 of the Revised Code and this section. Any person	303
who provides, maintains, or risk adjusts such information shall	304
comply with this section and rules adopted under it in performing	305
that function and has the same immunities with respect to that	306
function as a person who performs that function with respect to	307
the state trauma registry.	308

(C) The board and any employee or contractor of the board or	309
the department of public safety shall not make public information	310
it receives under Chapter 4765. of the Revised Code that	311
identifies or would tend to identify a specific recipient of	312
emergency medical services or adult or pediatric trauma care.	313

(D) Not later than two years after the effective date of this	314
amendmentNovember3, 2000, the board shall adopt and implement	315
rules under section 4765.11 of the Revised Code that provide	316
written standards and procedures for risk adjustment of	317
information received by the board under Chapter 4765. of the	318
Revised Code. The rules shall be developed in consultation with	319
appropriate medical, hospital, and emergency medical service	320
organizations and may provide for risk adjustment by a contractor	321
of the board. BeforeExcept as provided in division (G) of this	322
section, before risk adjustment standards and procedures are	323
implemented, no member of the board and no employee or contractor	324
of the board or the department of public safety shall make public	325
information received by the board under Chapter 4765. of the	326
Revised Code that identifies or would tend to identify a specific	327
provider of emergency medical services or adult or pediatric	328
trauma care. AfterExcept as provided in division (G) of this	329
section, after risk adjustment standards and procedures are	330
implemented, the board shall make public such information only on	331
a risk adjusted basis.	332

(E) The board shall adopt rules under section 4765.11 of the	333
Revised Code that specify procedures for ensuring the	334
confidentiality of information that is not to be made public under	335
this section. The rules shall specify the circumstances in which	336
deliberations of the persons performing risk adjustment functions	337
under this section are not open to the public and records of those	338
deliberations are maintained in confidence. Nothing in this	339
section prohibits the board from making public statistical	340
information that does not identify or tend to identify a specific	341
recipient or provider of emergency medical services or adult or	342
pediatric trauma care.	343

(F) No provider that furnishes information to the board with	344
respect to any patient the provider examined or treated shall,	345
because of this furnishing, be deemed liable in damages to any	346
person or be held to answer for betrayal of a professional	347
confidence in the absence of willful or wanton misconduct. No such	348
information shall be subject to introduction in evidence in any	349
civil action against the provider. No provider that furnishes	350
information to the board shall be liable for the misuse or	351
improper release of the information by the board or any other	352
person.	353

No person who performs risk adjustment functions under this	354
section shall, because of performing such functions, be held	355
liable in a civil action for betrayal of professional confidence	356
or otherwise in the absence of willful or wanton misconduct.	357

(G) The board may transmit data that identifies or tends to	358
identify a specific provider of emergency medical services care	359
and has not been risk-adjusted from the emergency medical services	360
incident reporting system directly to the national emergency	361
medical services information system, pursuant to a written	362
contract between the board and the federal agency that administers	363
the national emergency medical services information system, which	364
shall ensure to the maximum extent permitted by federal law that	365
such agency shall use such data solely for inclusion in the	366
national emergency medical services information system and shall	367
not disclose such data to the public, through legal discovery, a	368
freedom of information request, or otherwise, in a manner that	369
identifies or tends to identify a specific provider of emergency	370
medical services care.	371

Sec. 4765.43.  (A) During each emergency run made by an	372
ambulance that is equipped for emergency medical services, the	373
emergency medical service organization operating the ambulance	374
shall staff the ambulance in accordance with this section.	375

For purposes of determining the applicable staffing	376
requirements, both of the following apply:	377

(1) An emergency run consists of components that are	378
distinguished between the period during which the ambulance is	379
traveling to the scene of an emergency and, if applicable, the	380
period during which the ambulance is transporting a patient from	381
the scene of the emergency.	382

(2) In the case of an emergency medical service organization	383
that utilizes a combination of volunteer and paid first	384
responders, emergency medical service technicians-basic, emergency	385
medical service technicians-intermediate, or emergency medical	386
service technicians-paramedic, the organization is considered to	387
be substantially utilizing volunteers in a particular week when	388
the paid individuals, taken as a whole, are scheduled for a total	389
of not more than one hundred ninety-two hours in that week.	390

(B) With respect to the driver of an ambulance during an	391
emergency run, both of the following apply:	392

(1) The driver must be at least eighteen years of age and	393
hold a valid driver's license.	394

(2) The driver must holdmeet at least one of the following	395
criteria:	396

(a) Hold a valid certificate issued under section 4765.30 of	397
the Revised Code to practice as a medical first responder,	398
EMT-basicEMT, EMT-Iadvanced EMT, or paramedic or;	399

(b) Hold a valid fire training certificate issued pursuant to	400
section 4765.55 of the Revised Code to provide services as a	401
firefighter;	402

(c) Be employed and in good standing as a sworn sheriff,	403
deputy sheriff, constable, police officer, marshal, deputy	404
marshal, or highway patrol trooper in this state;	405

(d) Have successfully completed either the emergency vehicle	406
operations course approved by the national highway traffic safety	407
administration or an equivalent course approved by the state board	408
of emergency medical services.	409

(C) With respect to the component of an emergency run during	410
which the ambulance is traveling to the scene of the emergency,	411
the ambulance shall be staffed by at least one EMT-basicEMT,	412
EMT-Iadvanced EMT, or paramedic. This individual may serve as the	413
driver.	414

(D) With respect to the component of an emergency run during	415
which a patient is being transported, the ambulance shall be	416
staffed as follows:	417

(1) If the emergency medical service organization utilizes	418
only paid individuals or utilizes volunteers on a basis that is	419
not considered to be substantially utilizing volunteers, the	420
ambulance shall be staffed by at least two EMTs-basicEMTs, EMTs-I	421
advanced EMTs, or paramedics. One of these individuals may serve	422
as the driver.	423

(2) If the emergency medical service organization is	424
substantially utilizing volunteers or utilizes only volunteers,	425
the ambulance shall be staffed by at least two EMTs-basicEMTs,	426
EMTs-Iadvanced EMTs, or paramedics or by at least one first	427
responder and one EMT-basicEMT, EMT-Iadvanced EMT, or	428
paramedic. One of these individuals may serve as the driver, but	429
if the staffing requirement is being met by utilizing a medical	430
first responder, the medical first responder shall serve as the	431
driver.	432

Sec. 5502.21.  As used in sections 5502.21 to 5502.51 of the	433
Revised Code:	434

(A) "Agency" means any administrative or operational	435
division, including an office, department, bureau, board,	436
commission, or authority, of the state or of a political	437
subdivision thereof, including volunteer agencies, organizations,	438
or departments.	439

(B) "Attack" means any attack, either actual or imminent, or	440
a series of attacks by an actual or potential enemy of the United	441
States or by a foreign nation upon the United States that causes	442
or may cause substantial damage to or destruction of life,	443
property, or the environment within the United States or that is	444
designed to injure the military or economic strength of the United	445
States. "Attack" includes, without limitation, acts of sabotage,	446
acts of terrorism, invasion, the use of bombs or shellfire,	447
conventional, nuclear, chemical, or biological warfare, and the	448
use of other weapons or processes.	449

(C) "Chief executive" means the president of the United	450
States, the governor of this state, the board of county	451
commissioners of any county, the board of township trustees of any	452
township, or the mayor or city manager of any municipal	453
corporation within this state.	454

(D) "Civil defense" is an integral part of emergency	455
management that includes all those activities and measures	456
designed or undertaken to minimize the effects upon the civilian	457
population caused or that would be caused by any hazard and to	458
effect emergency repairs to, or the emergency restoration of,	459
vital equipment, resources, supplies, utilities, and facilities	460
necessary for survival and for the public health, safety, and	461
welfare that would be damaged or destroyed by any hazard. "Civil	462
defense" includes, but is not limited to:	463

(1) Those measures to be taken during a hazard, including all	464
of the following:	465

(a) The enforcement of those passive defense regulations	466
necessary for the protection of the civilian population and	467
prescribed by duly established military or civil authorities;	468

(b) The evacuation of personnel to shelter areas;

469

(c) The control of traffic and panic situations;

470

(d) The control and use of emergency communications,	471
lighting, and warning equipment and systems.	472

(2) Those measures to be taken after a hazard has occurred,	473
including all of the following:	474

(a) Activities necessary for firefighting, rescue, emergency,	475
medical, health, and sanitation services;	476

(b) Monitoring for secondary hazards that could be caused	477
from the initiating event;	478

(c) Damage assessment and disaster analysis operations;

479

(d) Coordination of disaster assistance programs;

480

(e) Monitoring for effects from weapons;

481

(f) Unexploded bomb reconnaissance;

482

(g) Essential debris clearance;

483

(h) Decontamination operations;

484

(i) Documentation of operations and financial expenses;

485

(j) Resource control;

486

(k) Any other activities that may be necessary for survival	487
and the overall health, safety, and welfare of the civilian	488
population.	489

(E) "Disaster" means any imminent threat or actual occurrence	490
of widespread or severe damage to or loss of property, personal	491
hardship or injury, or loss of life that results from any natural	492
phenomenon or act of a human.	493

(F) EmergencyExcept as provided in section 5502.41 of the	494
Revised Code, "emergency" means any period during which the	495
congress of the United States or a chief executive has declared or	496
proclaimed that an emergency exists.	497

(G) "Emergency management" includes all emergency	498
preparedness and civil defense activities and measures, whether or	499
not mentioned or described in sections 5502.21 to 5502.51 of the	500
Revised Code, that are designed or undertaken to minimize the	501
effects upon the civilian population caused or that could be	502
caused by any hazard and that are necessary to address mitigation,	503
emergency preparedness, response, and recovery.	504

(H) "Emergency preparedness" is an integral part of emergency	505
management that includes those activities and measures designed or	506
undertaken in preparation for any hazard, including, but not	507
limited to, natural disasters and hazards involving hazardous	508
materials or radiological materials, and that will enhance the	509
probability for preservation of life, property, and the	510
environment. "Emergency preparedness" includes, without	511
limitation:	512

(1) The establishment of appropriate agencies and	513
organizations;	514

(2) The development of necessary plans and standard operating	515
procedures for mitigation, preparation, response, and recovery	516
purposes, including, without limitation, the development of	517
supporting agreements and memorandums of understanding;	518

(3) Hazard identification;

519

(4) Capability assessment;

520

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

521

(6) The development, printing, and distribution of emergency	522
public information, education, and training materials and	523
programs;	524

(7) The necessary conduct of research;

525

(8) The development of resource inventories;

526

(9) The procurement and stockpiling of equipment, food,	527
water, medical supplies, and any other supplies necessary for	528
survival and for the public health, safety, and welfare;	529

(10) The development and construction of public shelter	530
facilities and shelter spaces;	531

(11) The development and construction of emergency operations	532
centers for the conduct and support of coordination, direction,	533
and control activities;	534

(12) When appropriate and considered necessary, the	535
nonmilitary evacuation or temporary relocation of the civilian	536
population.	537

(I) "Hazard" means any actual or imminent threat to the	538
survival or overall health, safety, or welfare of the civilian	539
population that is caused by any natural, human-made, or	540
technological event. "Hazard" includes, without limitation, an	541
attack, disaster, and emergency.	542

(J) "Hazard identification" means an identification,	543
historical analysis, inventory, or spatial distribution of risks	544
that could affect a specific geographical area and that would	545
cause a threat to the survival, health, safety, or welfare of the	546
civilian population, the property of that population, or the	547
environment.	548

(K) "Law" includes a general or special statute, law, local	549
law, ordinance, resolution, rule, order, or rule of common law.	550

(L) "Mitigation" means all those activities that reduce or	551
eliminate the probability of a hazard. "Mitigation" also includes	552
long-term activities and measures designed to reduce the effects	553
of unavoidable hazards.	554

(M) PoliticalExcept as provided in section 5502.41 of the	555
Revised Code, "political subdivision" means a county, township, or	556
municipal corporation in this state.	557

(N) "Recovery" includes all those activities required and	558
necessary to return an area to its former condition to the extent	559
possible following the occurrence of any hazard.	560

(O) "Response" includes all those activities that occur	561
subsequent to any hazard and that provide emergency assistance	562
from the effects of any such hazard, reduce the probability of	563
further injury, damage, or destruction, and are designed or	564
undertaken to speed recovery operations.	565

(P) "Structure" includes shelters, additions to or	566
alterations of existing buildings, and portions of existing	567
buildings dedicated to public use, made and designed exclusively	568
for protection against the shock or other effects of nuclear,	569
biological, or chemical warfare, special housing for equipment,	570
and all other structural means of protection of individuals and	571
property against any hazard.	572

(Q) "Equipment" includes fire-fighting, first-aid, emergency	573
medical, hospital, salvage, and rescue equipment and materials,	574
equipment for evacuation or relocation of individuals,	575
radiological monitoring equipment, hazardous materials response	576
gear, communications equipment, warning equipment, and all other	577
means, in the nature of personal property, to be used exclusively	578
in the protection of individuals and property against the effects	579
of any hazard.	580

(R) "Certifying authority" means the executive director of	581
the emergency management agency provided for by section 5502.22 of	582
the Revised Code.	583

(S) "Civil defense certificate" means a civil defense	584
certificate of necessity issued pursuant to section 5502.42 of the	585
Revised Code.	586

Sec. 5502.281. (A) The executive director of the emergency	587
management agency, jointly with the director of health, shall do	588
both of the following:	589

(1) Advise, assist, consult with, and cooperate with agencies	590
and political subdivisions of this state to establish and maintain	591
a statewide system for recruiting, registering, training, and	592
deploying the types of volunteers reasonably necessary to respond	593
to an emergency declared by the state or a political subdivision;	594

(2) Establish fees, procedures, standards, and requirements	595
necessary for recruiting, registering, training, and deploying the	596
volunteers as required under this section.	597

(B)(1) A registered volunteer's status as a volunteer, and	598
any information presented in summary, statistical, or aggregate	599
form that does not identify an individual, is a public record	600
pursuant to section 149.43 of the Revised Code.	601

(2) Information related to a registered volunteer's specific	602
and unique responsibilities, assignments, or deployment plans,	603
including but not limited to training, preparedness, readiness, or	604
organizational assignment, is a security record for purposes of	605
section 149.433 of the Revised Code.	606

(3) Information related to a registered volunteer's personal	607
information, including but not limited to contact information,	608
medical information, or information related to family members or	609
dependents, is not a public record pursuant to section 149.43 of	610
the Revised Code.	611

(C) A volunteer registered under this section is not liable	612
in damages to any person or government entity in tort or other	613
civil action, including an action upon a medical, dental,	614
chiropractic, optometric, or other health-related claim or	615
veterinary claim, for injury, death, or loss to person or property	616
that may arise from an act or omission of that volunteer. This	617
division applies to a registered volunteer while providing	618
services within the scope of the volunteer's responsibilities	619
during an emergency declared by the state or political subdivision	620
or in disaster-related exercises, testing, or other training	621
activities, if the volunteer's act or omission does not constitute	622
willful or wanton misconduct.	623

(D) As used in this section:

624

(1) "Registered volunteer" means any individual registered as	625
a volunteer pursuant to procedures established under this section	626
and who serves without pay or other consideration, other than the	627
reasonable reimbursement or allowance for expenses actually	628
incurred or the provision of incidental benefits related to the	629
volunteer's service, such as meals, lodging, and child care.	630

(2) "Political subdivision" means a county, township, or	631
municipal corporation in this state.	632

Sec. 5502.29. (A) As used in this section, "political	633
subdivision" has the same meaning as in section 5502.41 of the	634
Revised Code.	635

(B) Political subdivisions, in collaboration with other	636
public and private agencies within this state, may develop mutual	637
assistance or aid arrangementsagreements for reciprocal emergency	638
management assistance or aid and assistance in case of any hazard	639
too great to be dealt with unassisted. Such arrangements shall be	640
consistent with the rules adopted by the director of public safety	641
under section 5502.25 of the Revised Codefor purposes of	642
preparing for, responding to, and recovering from an incident,	643
disaster, exercise, training activity, planned event, or	644
emergency, any of which requires additional resources. In time of	645
any hazardincident, disaster, exercise, training activity,	646
planned event, or emergency, any of which requires additional	647
resources, each political subdivision may render assistance in	648
accordance with such mutual assistance or aid arrangements	649
agreements. Such mutual assistance or aid arrangementsagreements	650
shall not in any manner relieve the chief executiveelected	651
official of any political subdivision of the responsibility for	652
either entering into a written agreement establishing a countywide	653
emergency management agency under section 5502.26 of the Revised	654
Code, entering into a written agreement establishing a regional	655
authority for emergency management under section 5502.27 of the	656
Revised Code, or establishing a program forproviding emergency	657
management under section 5502.271 of the Revised Code.	658

(C) Political subdivisions, in collaboration with political	659
subdivisions in adjacent states, may develop agreements for mutual	660
assistance or aid for purposes of preparing for, responding to,	661
and recovering from an incident, disaster, exercise, training	662
activity, planned event, or emergency, any of which requires	663
additional resources. Each political subdivision may render	664
assistance in accordance with the mutual assistance or aid	665
agreements. A mutual assistance or aid agreement with political	666
subdivisions in adjacent states shall be approved by the chief	667
elected officials of the agreeing political subdivisions or their	668
designees and shall be prepared in accordance with the laws,	669
regulations, ordinances, and resolutions applicable to the	670
agreeing political subdivisions.	671

(D) When engaged in preparation for, response to, or recovery	672
from an incident, disaster, exercise, training activity, planned	673
event, or emergency, any of which requires additional resources,	674
and in accordance with the applicable mutual assistance or aid	675
agreement, personnel from political subdivisions outside this	676
state shall be permitted to provide services within this state in	677
accordance with this section and the terms of the mutual	678
assistance or aid agreement.	679

(E) Personnel of the responding political subdivision shall	680
continue under their local command and control structure, but	681
shall be under the operational control of the appropriate	682
officials within the incident management system of the political	683
subdivision receiving the assistance or aid.	684

(F) Nothing in this section shall be construed to prohibit a	685
private company or its employees from participating in the	686
provision of mutual assistance or aid, if the responding political	687
subdivision approves the participation and the contract between	688
the political subdivision and the private company permits the	689
participation.	690

(G) Nothing in this section shall be construed to prohibit	691
personnel of political subdivisions in this state from responding	692
to a request for mutual assistance or aid resulting from an	693
incident, disaster, exercise, training activity, planned event, or	694
emergency, any of which requires additional resources, when the	695
personnel are responding as part of a regional response team that	696
is under the operational control of the incident command	697
structure.	698

(H) Whenever a person from outside this state who is subject	699
to a mutual assistance or aid agreement authorized by this section	700
holds a license, certificate, or other permit issued by any state	701
evidencing qualification for professional, mechanical, or other	702
skills, such license, certificate, or other permit shall be	703
recognized by this state as authorizing the person to render	704
assistance or aid in this state involving such skill to meet the	705
request for assistance or aid, so long as the person is acting	706
within the scope of the person's license, certificate, or other	707
permit.	708

(I) Personnel rendering assistance or aid pursuant to a	709
mutual assistance or aid agreement authorized by this section	710
remain employees or agents of their respective political	711
subdivisions, including for purposes of tort liability and	712
immunity from tort liability, and nothing in this section or any	713
mutual assistance or aid agreement entered into pursuant to this	714
section creates an employment relationship between the political	715
subdivision requesting aid and the employees or agents of the	716
political subdivision rendering aid.	717

(J) Responding political subdivisions and the personnel of	718
that political subdivision, while rendering assistance or aid	719
under this section, or while in route to or from rendering	720
assistance or aid under this section, in a political subdivision	721
in an adjacent state under an agreement authorized by this	722
section, shall be deemed to be exercising governmental functions	723
as defined in section 2744.01 of the Revised Code, shall have the	724
defenses to and immunities from civil liability provided in	725
sections 2744.02 and 2744.03 of the Revised Code, and shall be	726
entitled to all applicable limitations on recoverable damages	727
under section 2744.05 of the Revised Code.	728

(K) All pension, disability, death benefits, workers'	729
compensation, and other benefits enjoyed by personnel rendering	730
interstate or intrastate mutual assistance or aid shall extend to	731
the services they perform outside their respective political	732
subdivisions to the same extent as while acting within the	733
boundaries of the political subdivisions, and personnel are	734
entitled to the rights and benefits of Chapter 4123. to the same	735
extent as while performing service within the boundaries of the	736
political subdivisions.	737

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

738

(1) "Chief executive of a participating political	739
subdivision" means the elected chief executive of a participating	740
political subdivision or, if the political subdivision does not	741
have an elected chief executive, a member of the political	742
subdivision's governing body or an employee of the political	743
subdivision appointed by the governing body's members to be its	744
representative for purposes of the intrastate mutual aid program	745
created pursuant to this section.	746

(2) "Countywide emergency management agency" means a	747
countywide emergency management agency established under section	748
5502.26 of the Revised Code.	749

(2)(3) "Emergency" means any period during which the congress	750
of the United States, a chief executive as defined in section	751
5502.21 of the Revised Code, or a chief executive of a	752
participating political subdivision has declared or proclaimed	753
that an emergency exists.	754

(4) "Participating political subdivision" means each	755
political subdivision in this state except a political subdivision	756
that enacts or adopts, by appropriate legislation, ordinance,	757
resolution, rule, bylaw, or regulation signed by its chief	758
executive, a declarationdecision not to participate in the	759
intrastate mutual aid program created by this section and that	760
provides a copy of the legislation, ordinance, resolution, rule,	761
bylaw, or regulation to the state emergency management agency and	762
to the countywide emergency management agency, regional authority	763
for emergency management, or program for emergency management	764
within the political subdivision, which is responsible for	765
emergency management in the political subdivision.	766

(3)(5) "Planned event" means a scheduled nonemergency	767
activity as defined by the national incident management system	768
adopted under section 5502.28 of the Revised Code as the state's	769
standard procedure for incident management. "Planned event"	770
includes, but is not limited to, a sporting event, concert, or	771
parade.	772

(6) "Political subdivision" or "subdivision" has the same	773
meaning as in section 2744.01 of the Revised Code and also	774
includes a health district established under Chapter 3709. of the	775
Revised Code.	776

(7) "Program for emergency management within a political	777
subdivision" means a program for emergency management created by a	778
political subdivision under section 5502.271 of the Revised Code.	779

(4)(8) "Regional authority for emergency management" means a	780
regional authority for emergency management established under	781
section 5502.27 of the Revised Code.	782

(9) "Regional response team" means a group of persons from	783
participating political subdivisions who provide mutual assistance	784
or aid in preparation for, response to, or recovery from an	785
incident, disaster, exercise, training activity, planned event, or	786
emergency, any of which requires additional resources. "Regional	787
response team" includes, but is not limited to, an incident	788
management team, hazardous materials response team, water rescue	789
team, bomb team, or search and rescue team.	790

(B) There is hereby created the intrastate mutual aid program	791
to be known as "the intrastate mutual aid compact" to complement	792
existing mutual aid agreements in the event of a disaster that	793
results in a formal declaration of emergency by a participating	794
political subdivision. The program shall providehave two	795
purposes:	796

(1) Provide for mutual assistance or aid among the	797
participating political subdivisions in response to and recovery	798
from anyfor purposes of preparing for, responding to, and	799
recovering from an incident, disaster that results in a formal	800
declaration of emergency by a participating political subdivision;	801
shall provide for mutual cooperation among the participating	802
political subdivisions in conducting disaster-related exercises,	803
testing, or other training activities using the services,	804
equipment, supplies, materials, personnel, and other resources of	805
the participating political subdivisions to simulate the provision	806
of mutual aid; and shall embody, exercise, training activity,	807
planned event, or emergency, any of which requires additional	808
resources;	809

(2) Establish a method by which a participating political	810
subdivision may seek assistance in the event of a formally	811
declared emergency, whichor aid that resolves many of the common	812
issues facing political subdivisions at the time of a formally	813
declared emergencybefore, during, and after an incident,	814
disaster, exercise, training activity, planned event, or	815
emergency, any of which requires additional resources, and will	816
ensurethat ensures, to the extent possible, eligibility for	817
available state and federal disaster assistance or other funding.	818

(C) Each countywide emergency management agency, regional	819
authority for emergency management, and program for emergency	820
management within a political subdivision, which is responsible	821
for emergency management in a participating political subdivision	822
shall, as part of its program for emergency management under	823
sections 5502.22, 5502.26, 5502.27, and 5502.271 of the Revised	824
Code, as applicable, and in coordination with all departments,	825
divisions, boards, commissions, agencies, and other	826
instrumentalities of, and having emergency response functions	827
within, each participatingthat political subdivision served by	828
that agency, authority, or program, shall establish procedures or	829
plans that, to the extent possible, accomplish both of the	830
following:	831

(1) Identify hazards that potentially could affect the	832
participating political subdivisions served by that agency,	833
authority, or program;	834

(2) Identify and inventory the current services, equipment,	835
supplies, personnel, and other resources related to the	836
preparedness, response, and recovery activities of the	837
participating political subdivisions served by that agency,	838
authority, or program.	839

(D)(1) Within one year after December 23, 2002, theThe	840
executive director of the state emergency management agency shall	841
coordinate with the countywide emergency management agencies,	842
regional authorities for emergency management, and programs for	843
emergency management within a political subdivision, which are	844
responsible for emergency management in participating political	845
subdivisions, in identifying and formulating appropriate	846
procedures or plans to resolve resource shortfalls, as part of	847
their respective programs for emergency management under sections	848
5502.22, 5502.26, 5502.27, and 5502.271 of the Revised Code, as	849
applicable.	850

(2) During and after the formulation of the procedures or	851
plans to resolve resource shortfalls, there shall be ongoing	852
consultation and coordination among the executive director of the	853
state emergency management agency; the countywide emergency	854
management agencies, regional authorities for emergency	855
management, and programs for emergency management within a	856
political subdivision, which are responsible for emergency	857
management in participating political subdivisions; and all	858
departments, divisions, boards, commissions, agencies, and other	859
instrumentalities of, and having emergency response functions	860
within, each participating political subdivision, regarding this	861
section, local procedures and plans, and the resolution of the	862
resource shortfalls.	863

(E) Participating political subdivisions may request	864
assistance of other participating political subdivisions in	865
response to and recovery from a disaster during formally declared	866
emergencies or in disaster-related exercises, testing, or other	867
training activities.(1) A participating political subdivision	868
that is impacted by an incident, disaster, exercise, training	869
activity, planned event, or emergency, any of which requires	870
additional resources, may request mutual assistance or aid by	871
doing either of the following:	872

(a) Declaring a state of emergency and issuing a request for	873
assistance or aid from any other participating political	874
subdivision;	875

(b) Issuing to another participating political subdivision a	876
verbal or written request for assistance or aid. If the request is	877
made verbally, a written confirmation of the request shall be made	878
not later than seventy-two hours after the verbal request is made.	879

(2) Requests for assistance or aid made under division (E)(1)	880
of this section shall be made through the emergency management	881
agency of a participating political subdivision or an official	882
designated by the chief executive of the participating political	883
subdivision from which the assistance or aid is requested.	884
Requests may be verbal or in writing. If verbal, the request shall	885
be confirmed in writing within seventy-two hours after the verbal	886
request is made. Requestsand shall provide the following	887
information:	888

(1)(a) A description of the incident, disaster, exercise,	889
training activity, planned event, or emergency;	890

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

891

(3)(c) An estimate of the length of time the assistance or	892
aid will be needed;	893

(4)(d) The specific place and time for staging of the	894
assistance or aid and a point of contact at that location.	895

(F) A participating political subdivision's obligation to	896
subdivision shall provide assistance in response to and recovery	897
from a disaster or in disaster-related exercises, testing, or	898
other training activitiesunder this sectionor aid to another	899
participating political subdivision that is impacted by an	900
incident, disaster, exercise, training activity, planned event, or	901
emergency, any of which requires additional resources. The	902
provision of the assistance or aid is subject to the following	903
conditions:	904

(1) A participating political subdivision requesting	905
assistance must have either declared a state of emergency by	906
resolution of its chief executive or scheduled disaster-related	907
exercises, testing, or other training activities.	908

(2) AThe responding participating political subdivision may	909
withhold resources necessary to provide for its own protection.	910

(3)(2) Personnel of athe responding participating political	911
subdivision shall continue under their local command and control	912
structure, but shall be under the operational control of the	913
appropriate officials within the incident management system of the	914
participating political subdivision receiving assistance or aid.	915

(4)(3) Responding law enforcement officers acting pursuant to	916
this section have the same authority to enforce the law as when	917
acting within the territory of their regular employment.	918

(G)(1) Nothing in this section altersshall do any of the	919
following:	920

(a) Alter the duties and responsibilities of emergency	921
response personnel;	922

(b) Prohibit a private company from participating in the	923
provision of mutual assistance or aid pursuant to the compact	924
created pursuant to this section if the participating political	925
subdivision approves the participation and the contract with the	926
private company allows for the participation;	927

(c) Prohibit employees of participating political	928
subdivisions from responding to a request for mutual assistance or	929
aid precipitated by an incident, disaster, exercise, training	930
activity, planned event, or emergency, any of which requires	931
additional resources, when the employees are responding as part of	932
a regional response team that is under the operational control of	933
the incident command structure;	934

(d) Authorize employees of participating political	935
subdivisions to respond to an incident, disaster, exercise,	936
training activity, planned event, or emergency, any of which	937
requires additional resources, without a request from a	938
participating political subdivision.	939

(2) This section does not preclude a participating political	940
subdivision from entering into a mutual aid or other agreement	941
with another political subdivision, and does not affect any other	942
agreement to which a participating political subdivision may be a	943
party, or any request for assistance or aid that may be made,	944
under any other section of the Revised Code, including, but not	945
limited to, any mutual aid arrangement under this chapter, any	946
fire protection or emergency medical services contract under	947
section 9.60 of the Revised Code, sheriffs' requests for	948
assistance to preserve the public peace and protect persons and	949
property under section 311.07 of the Revised Code, agreementsany	950
agreement for mutual assistance or aid in police protection under	951
section 737.04 of the Revised Code, any agreement for law	952
enforcement services between universities and colleges and	953
political subdivisions under section 3345.041 or 3345.21 of the	954
Revised Code, and mutual aid agreements among emergency planning	955
districts for hazardous substances or chemicals response under	956
sections 3750.02 and 3750.03 of the Revised Code.	957

(H)(1) Personnel of a responding participating political	958
subdivision who suffer injury or death in the course of, and	959
arising out of, their employment while rendering assistance or aid	960
under this section to another participating political subdivision	961
under this section are entitled to all applicable benefits under	962
Chapters 4121. and 4123. of the Revised Code.	963

(2) Personnel of a responding participating political	964
subdivision shall be considered, while rendering assistance or aid	965
under this section in another participating political subdivision	966
under this section, to be agents of the participatingresponding	967
political subdivision receiving the assistance for purposes of	968
tort liability and immunity from tort liability under the law of	969
this state.	970

(3)(a) A responding participating political subdivision and	971
the personnel of that political subdivision, while rendering	972
assistance or aid under this section, or while in route to or from	973
rendering assistance or aid under this section, in another	974
participating political subdivision under this section, shall be	975
deemed to be exercising governmental functions as defined in	976
section 2744.01 of the Revised Code, shall have the defenses to	977
and immunities from civil liability provided in sections 2744.02	978
and 2744.03 of the Revised Code, and shall be entitled to all	979
applicable limitations on recoverable damages under section	980
2744.05 of the Revised Code.	981

(b) A participating political subdivision requesting	982
assistance or aid and the personnel of that political subdivision,	983
while requesting or receiving assistance or aid under this	984
section from any other participating political subdivisions under	985
this sectionsubdivision, shall be deemed to be exercising	986
governmental functions as defined in section 2744.01 of the	987
Revised Code, shall have the defenses to and immunities from civil	988
liability provided in sections 2744.02 and 2744.03 of the Revised	989
Code, and shall be entitled to all applicable limitations on	990
recoverable damages under section 2744.05 of the Revised Code.	991

(I) If a person holds a license, certificate, or other permit	992
issued by a participating political subdivision evidencing	993
qualification in a professional, mechanical, or other skill, and	994
if the assistance or aid of that person is asked for under this	995
section by a participating political subdivision receiving	996
assistance under this section, the person shall be deemed to be	997
licensed or certified in or permitted by the participating	998
political subdivision receiving the assistance or aid to render	999
the assistance or aid, subject to any limitations and conditions	1000
the chief executive of the participating political subdivision	1001
receiving the assistance or aid may prescribe by executive order	1002
or otherwise.	1003

(J) Except(1) Subject to division (K) of this section and	1004
except as otherwise provided in this division (J)(2) of this	1005
section, any participating political subdivision rendering	1006
assistance or aid under this section in another participating	1007
political subdivision under this section shall be reimbursed by	1008
the participating political subdivision receiving the assistance	1009
or aid for any loss or damage to, or expense incurred in the	1010
operation of, any equipment used in rendering the assistance or	1011
aid, for any expense incurred in the provision of any service used	1012
in rendering the assistance or aid, and for all other costs	1013
incurred in responding to the request for assistance or aid.	1014
However, a participating political subdivision rendering	1015
assistance may assume in whole or in part the loss, damage,	1016
expense, or costs, or may loan the equipment or donate the service	1017
to the participating political subdivision receiving the	1018
assistance without charge or cost; any two or more participating	1019
political subdivisions may enter into agreements establishing a	1020
different allocation of loss, damage, expense, or costs among	1021
themselves; and expenses incurred under division (H)(1) of this	1022
section are not reimbursable under this division. To avoid	1023
duplication of payments, insurance proceeds available to cover any	1024
loss or damage to equipment of a participating political	1025
subdivision rendering assistance or aid shall be considered in the	1026
reimbursement by the participating political subdivision receiving	1027
the assistance or aid.	1028

(2) A participating political subdivision rendering	1029
assistance or aid under this section to another participating	1030
political subdivision shall not be reimbursed for either of the	1031
following:	1032

(a) The first eight hours of mutual assistance or aid it	1033
provides to the political subdivision receiving the assistance or	1034
aid;	1035

(b) Expenses the participating political subdivision incurs	1036
under division (H)(1) of this section.	1037

(K) A participating political subdivision rendering	1038
assistance or aid under this section may do any of the following:	1039

(1) Assume, in whole or in part, any loss, damage, expense,	1040
or cost the political subdivision incurs in rendering the	1041
assistance or aid;	1042

(2) Loan, without charge, any equipment, or donate any	1043
service, to the political subdivision receiving the assistance or	1044
aid;	1045

(3) Enter into agreements with one or more other	1046
participating political subdivisions to establish different	1047
allocations of losses, damages, expenses, or costs among such	1048
political subdivisions.	1049

Section 2. That existing sections 121.40, 3701.04, 4765.06,	1050
4765.43, 5502.21, 5502.29, and 5502.41 and section 121.404 of the	1051
Revised Code are hereby repealed.	1052