As Reported by the House Transportation, Public Safety and Homeland Security Committee

129th General Assembly Regular Session 2011-2012

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 

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A BILL

To amend sections 5502.21, 5502.29, and 5502.41 and

1

to enact section 3345.042 of the Revised Code to

2

modify the laws governing the Intrastate Mutual

3

Aid Compact.

4

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

Section 1.  That sections 5502.21, 5502.29, and 5502.41 be	5
amended and section 3345.042 of the Revised Code be enacted to	6
read as follows:	7

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

8

(1) "Community college" has the same meaning as in section	9
3354.01 of the Revised Code.	10

(2) "Countywide emergency management agency," "participating	11
political subdivision," "program for emergency management within a	12
political subdivision," and "regional authority for emergency	13
management" have the same meanings as in section 5502.41 of the	14
Revised Code.	15

(3) "Technical college" has the same meaning as in section	16
3357.01 of the Revised Code.	17

(4) "State community college" has the same meaning as in	18
section 3358.01 of the Revised Code.	19

(5) "State institution of higher education" has the same	20
meaning as in section 3345.011 of the Revised Code.	21

(6) "University branch" has the same meaning as in section	22
3355.01 of the Revised Code.	23

(B)(1) Except as provided in division (B)(2) of this section,	24
a state institution of higher education is considered to be a	25
participating political subdivision for purposes of the intrastate	26
mutual aid compact created under section 5502.41 of the Revised	27
Code.	28

(2) A state institution of higher education may elect not to	29
participate in the intrastate mutual aid compact by enacting or	30
adopting an appropriate resolution, rule, bylaw, or regulation to	31
that effect. The institution shall provide a copy of the	32
resolution, rule, bylaw, or regulation to the state emergency	33
management agency and to the countywide emergency management	34
agency, regional authority for emergency management, or program	35
for emergency management within a political subdivision, whichever	36
is responsible for emergency management at the institution.	37

(C) Except for a community college, state community college,	38
technical college, or university branch, a state institution of	39
higher education and its personnel, while requesting or providing	40
assistance or aid pursuant to the compact, shall be deemed to be	41
performing a public duty as defined in section 2743.01 of the	42
Revised Code and have the defenses to, and immunities from, civil	43
liability provided in section 2743.02 of the Revised Code.	44
Community colleges, state community colleges, technical colleges,	45
university branches, and personnel of such institutions, while	46
requesting or providing assistance or aid pursuant to the compact,	47
shall have the defenses and immunities from civil liability	48
provided in sections 2744.02 and 2744.03 of the Revised Code and	49
shall be entitled to all applicable limitations on recoverable	50
damages under section 2744.05 of the Revised Code.	51

Sec. 5502.21.  As used in sections 5502.21 to 5502.51 of the	52
Revised Code:	53

(A) "Agency" means any administrative or operational	54
division, including an office, department, bureau, board,	55
commission, or authority, of the state or of a political	56
subdivision thereof, including volunteer agencies, organizations,	57
or departments.	58

(B) "Attack" means any attack, either actual or imminent, or	59
a series of attacks by an actual or potential enemy of the United	60
States or by a foreign nation upon the United States that causes	61
or may cause substantial damage to or destruction of life,	62
property, or the environment within the United States or that is	63
designed to injure the military or economic strength of the United	64
States. "Attack" includes, without limitation, acts of sabotage,	65
acts of terrorism, invasion, the use of bombs or shellfire,	66
conventional, nuclear, chemical, or biological warfare, and the	67
use of other weapons or processes.	68

(C) "Chief executive" means the president of the United	69
States, the governor of this state, the board of county	70
commissioners of any county, the board of township trustees of any	71
township, or the mayor or city manager of any municipal	72
corporation within this state.	73

(D) "Civil defense" is an integral part of emergency	74
management that includes all those activities and measures	75
designed or undertaken to minimize the effects upon the civilian	76
population caused or that would be caused by any hazard and to	77
effect emergency repairs to, or the emergency restoration of,	78
vital equipment, resources, supplies, utilities, and facilities	79
necessary for survival and for the public health, safety, and	80
welfare that would be damaged or destroyed by any hazard. "Civil	81
defense" includes, but is not limited to:	82

(1) Those measures to be taken during a hazard, including all	83
of the following:	84

(a) The enforcement of those passive defense regulations	85
necessary for the protection of the civilian population and	86
prescribed by duly established military or civil authorities;	87

(b) The evacuation of personnel to shelter areas;

88

(c) The control of traffic and panic situations;

89

(d) The control and use of emergency communications,	90
lighting, and warning equipment and systems.	91

(2) Those measures to be taken after a hazard has occurred,	92
including all of the following:	93

(a) Activities necessary for firefighting, rescue, emergency,	94
medical, health, and sanitation services;	95

(b) Monitoring for secondary hazards that could be caused	96
from the initiating event;	97

(c) Damage assessment and disaster analysis operations;

98

(d) Coordination of disaster assistance programs;

99

(e) Monitoring for effects from weapons;

100

(f) Unexploded bomb reconnaissance;

101

(g) Essential debris clearance;

102

(h) Decontamination operations;

103

(i) Documentation of operations and financial expenses;

104

(j) Resource control;

105

(k) Any other activities that may be necessary for survival	106
and the overall health, safety, and welfare of the civilian	107
population.	108

(E) "Disaster" means any imminent threat or actual occurrence	109
of widespread or severe damage to or loss of property, personal	110
hardship or injury, or loss of life that results from any natural	111
phenomenon or act of a human.	112

(F) EmergencyExcept as provided in section 5502.41 of the	113
Revised Code, "emergency" means any period during which the	114
congress of the United States or a chief executive has declared or	115
proclaimed that an emergency exists.	116

(G) "Emergency management" includes all emergency	117
preparedness and civil defense activities and measures, whether or	118
not mentioned or described in sections 5502.21 to 5502.51 of the	119
Revised Code, that are designed or undertaken to minimize the	120
effects upon the civilian population caused or that could be	121
caused by any hazard and that are necessary to address mitigation,	122
emergency preparedness, response, and recovery.	123

(H) "Emergency preparedness" is an integral part of emergency	124
management that includes those activities and measures designed or	125
undertaken in preparation for any hazard, including, but not	126
limited to, natural disasters and hazards involving hazardous	127
materials or radiological materials, and that will enhance the	128
probability for preservation of life, property, and the	129
environment. "Emergency preparedness" includes, without	130
limitation:	131

(1) The establishment of appropriate agencies and	132
organizations;	133

(2) The development of necessary plans and standard operating	134
procedures for mitigation, preparation, response, and recovery	135
purposes, including, without limitation, the development of	136
supporting agreements and memorandums of understanding;	137

(3) Hazard identification;

138

(4) Capability assessment;

139

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

140

(6) The development, printing, and distribution of emergency	141
public information, education, and training materials and	142
programs;	143

(7) The necessary conduct of research;

144

(8) The development of resource inventories;

145

(9) The procurement and stockpiling of equipment, food,	146
water, medical supplies, and any other supplies necessary for	147
survival and for the public health, safety, and welfare;	148

(10) The development and construction of public shelter	149
facilities and shelter spaces;	150

(11) The development and construction of emergency operations	151
centers for the conduct and support of coordination, direction,	152
and control activities;	153

(12) When appropriate and considered necessary, the	154
nonmilitary evacuation or temporary relocation of the civilian	155
population.	156

(I) "Hazard" means any actual or imminent threat to the	157
survival or overall health, safety, or welfare of the civilian	158
population that is caused by any natural, human-made, or	159
technological event. "Hazard" includes, without limitation, an	160
attack, disaster, and emergency.	161

(J) "Hazard identification" means an identification,	162
historical analysis, inventory, or spatial distribution of risks	163
that could affect a specific geographical area and that would	164
cause a threat to the survival, health, safety, or welfare of the	165
civilian population, the property of that population, or the	166
environment.	167

(K) "Law" includes a general or special statute, law, local	168
law, ordinance, resolution, rule, order, or rule of common law.	169

(L) "Mitigation" means all those activities that reduce or	170
eliminate the probability of a hazard. "Mitigation" also includes	171
long-term activities and measures designed to reduce the effects	172
of unavoidable hazards.	173

(M) PoliticalExcept as provided in section 5502.41 of the	174
Revised Code, "political subdivision" means a county, township, or	175
municipal corporation in this state.	176

(N) "Recovery" includes all those activities required and	177
necessary to return an area to its former condition to the extent	178
possible following the occurrence of any hazard.	179

(O) "Response" includes all those activities that occur	180
subsequent to any hazard and that provide emergency assistance	181
from the effects of any such hazard, reduce the probability of	182
further injury, damage, or destruction, and are designed or	183
undertaken to speed recovery operations.	184

(P) "Structure" includes shelters, additions to or	185
alterations of existing buildings, and portions of existing	186
buildings dedicated to public use, made and designed exclusively	187
for protection against the shock or other effects of nuclear,	188
biological, or chemical warfare, special housing for equipment,	189
and all other structural means of protection of individuals and	190
property against any hazard.	191

(Q) "Equipment" includes fire-fighting, first-aid, emergency	192
medical, hospital, salvage, and rescue equipment and materials,	193
equipment for evacuation or relocation of individuals,	194
radiological monitoring equipment, hazardous materials response	195
gear, communications equipment, warning equipment, and all other	196
means, in the nature of personal property, to be used exclusively	197
in the protection of individuals and property against the effects	198
of any hazard.	199

(R) "Certifying authority" means the executive director of	200
the emergency management agency provided for by section 5502.22 of	201
the Revised Code.	202

(S) "Civil defense certificate" means a civil defense	203
certificate of necessity issued pursuant to section 5502.42 of the	204
Revised Code.	205

Sec. 5502.29. (A) As used in this section, "political	206
subdivision" has the same meaning as in section 5502.41 of the	207
Revised Code.	208

(B) Political subdivisions, in collaboration with other	209
public and private agencies within this state, may develop mutual	210
assistance or aid arrangementsagreements for reciprocal emergency	211
management assistance or aid and assistance in case of any hazard	212
too great to be dealt with unassisted. Such arrangements shall be	213
consistent with the rules adopted by the director of public safety	214
under section 5502.25 of the Revised Codefor purposes of	215
preparing for, responding to, and recovering from an incident,	216
disaster, exercise, training activity, planned event, or	217
emergency, any of which requires additional resources. In time of	218
any hazardincident, disaster, exercise, training activity,	219
planned event, or emergency, any of which requires additional	220
resources, each political subdivision may render assistance in	221
accordance with such mutual assistance or aid arrangements	222
agreements. Such mutual assistance or aid arrangementsagreements	223
shall not in any manner relieve the chief executiveelected	224
official of any political subdivision of the responsibility for	225
either entering into a written agreement establishing a countywide	226
emergency management agency under section 5502.26 of the Revised	227
Code, entering into a written agreement establishing a regional	228
authority for emergency management under section 5502.27 of the	229
Revised Code, or establishing a program forproviding emergency	230
management under section 5502.271 of the Revised Code.	231

(C) Political subdivisions, in collaboration with political	232
subdivisions in adjacent states, may develop agreements for mutual	233
assistance or aid for purposes of preparing for, responding to,	234
and recovering from an incident, disaster, exercise, training	235
activity, planned event, or emergency, any of which requires	236
additional resources. Each political subdivision may render	237
assistance in accordance with the mutual assistance or aid	238
agreements. A mutual assistance or aid agreement with political	239
subdivisions in adjacent states shall be approved by the chief	240
elected officials of the agreeing political subdivisions or their	241
designees and shall be prepared in accordance with the laws,	242
regulations, ordinances, and resolutions applicable to the	243
agreeing political subdivisions.	244

(D) When engaged in preparation for, response to, or recovery	245
from an incident, disaster, exercise, training activity, planned	246
event, or emergency, any of which requires additional resources,	247
and in accordance with the applicable mutual assistance or aid	248
agreement, personnel from political subdivisions outside this	249
state shall be permitted to provide services within this state in	250
accordance with this section and the terms of the mutual	251
assistance or aid agreement.	252

(E) Personnel of the responding political subdivision shall	253
continue under their local command and control structure, but	254
shall be under the operational control of the appropriate	255
officials within the incident management system of the political	256
subdivision receiving the assistance or aid.	257

(F) Nothing in this section shall be construed to prohibit a	258
private company or its employees from participating in the	259
provision of mutual assistance or aid, if the responding political	260
subdivision approves the participation and the contract between	261
the political subdivision and the private company permits the	262
participation.	263

(G) Nothing in this section shall be construed to prohibit	264
personnel of political subdivisions in this state from responding	265
to a request for mutual assistance or aid resulting from an	266
incident, disaster, exercise, training activity, planned event, or	267
emergency, any of which requires additional resources, when the	268
personnel are responding as part of a regional response team that	269
is under the operational control of the incident command	270
structure.	271

(H) Whenever a person from outside this state who is subject	272
to a mutual assistance or aid agreement authorized by this section	273
holds a license, certificate, or other permit issued by any state	274
evidencing qualification for professional, mechanical, or other	275
skills, such license, certificate, or other permit shall be	276
recognized by this state as authorizing the person to render	277
assistance or aid in this state involving such skill to meet the	278
request for assistance or aid, so long as the person is acting	279
within the scope of the person's license, certificate, or other	280
permit.	281

(I) Personnel rendering assistance or aid pursuant to a	282
mutual assistance or aid agreement authorized by this section	283
remain employees or agents of their respective political	284
subdivisions, including for purposes of tort liability and	285
immunity from tort liability, and nothing in this section or any	286
mutual assistance or aid agreement entered into pursuant to this	287
section creates an employment relationship between the political	288
subdivision requesting aid and the employees or agents of the	289
political subdivision rendering aid.	290

(J) Responding political subdivisions and the personnel of	291
that political subdivision, while rendering assistance or aid	292
under this section, or while in route to or from rendering	293
assistance or aid under this section, in a political subdivision	294
in an adjacent state under an agreement authorized by this	295
section, shall be deemed to be exercising governmental functions	296
as defined in section 2744.01 of the Revised Code, shall have the	297
defenses to and immunities from civil liability provided in	298
sections 2744.02 and 2744.03 of the Revised Code, and shall be	299
entitled to all applicable limitations on recoverable damages	300
under section 2744.05 of the Revised Code.	301

(K) All pension, disability, death benefits, workers'	302
compensation, and other benefits enjoyed by personnel rendering	303
interstate or intrastate mutual assistance or aid shall extend to	304
the services they perform outside their respective political	305
subdivisions to the same extent as while acting within the	306
boundaries of the political subdivisions, and personnel are	307
entitled to the rights and benefits of Chapter 4123. to the same	308
extent as while performing service within the boundaries of the	309
political subdivisions.	310

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

311

(1) "Chief executive of a participating political	312
subdivision" means the elected chief executive of a participating	313
political subdivision or, if the political subdivision does not	314
have an elected chief executive, a member of the political	315
subdivision's governing body or an employee of the political	316
subdivision appointed by the governing body's members to be its	317
representative for purposes of the intrastate mutual aid program	318
created pursuant to this section.	319

(2) "Countywide emergency management agency" means a	320
countywide emergency management agency established under section	321
5502.26 of the Revised Code.	322

(2)(3) "Emergency" means any period during which the congress	323
of the United States, a chief executive as defined in section	324
5502.21 of the Revised Code, or a chief executive of a	325
participating political subdivision has declared or proclaimed	326
that an emergency exists.	327

(4) "Participating political subdivision" means each	328
political subdivision in this state except a political subdivision	329
that enacts or adopts, by appropriate legislation, ordinance,	330
resolution, rule, bylaw, or regulation signed by its chief	331
executive, a declarationdecision not to participate in the	332
intrastate mutual aid program created by this section and that	333
provides a copy of the legislation, ordinance, resolution, rule,	334
bylaw, or regulation to the state emergency management agency and	335
to the countywide emergency management agency, regional authority	336
for emergency management, or program for emergency management	337
within the political subdivision, which is responsible for	338
emergency management in the political subdivision.	339

(3)(5) "Planned event" means a scheduled nonemergency	340
activity as defined by the national incident management system	341
adopted under section 5502.28 of the Revised Code as the state's	342
standard procedure for incident management. "Planned event"	343
includes, but is not limited to, a sporting event, concert, or	344
parade.	345

(6) "Political subdivision" or "subdivision" has the same	346
meaning as in section 2744.01 of the Revised Code and also	347
includes a health district established under Chapter 3709. of the	348
Revised Code.	349

(7) "Program for emergency management within a political	350
subdivision" means a program for emergency management created by a	351
political subdivision under section 5502.271 of the Revised Code.	352

(4)(8) "Regional authority for emergency management" means a	353
regional authority for emergency management established under	354
section 5502.27 of the Revised Code.	355

(9) "Regional response team" means a group of persons from	356
participating political subdivisions who provide mutual assistance	357
or aid in preparation for, response to, or recovery from an	358
incident, disaster, exercise, training activity, planned event, or	359
emergency, any of which requires additional resources. "Regional	360
response team" includes, but is not limited to, an incident	361
management team, hazardous materials response team, water rescue	362
team, bomb team, or search and rescue team.	363

(B) There is hereby created the intrastate mutual aid program	364
to be known as "the intrastate mutual aid compact" to complement	365
existing mutual aid agreements in the event of a disaster that	366
results in a formal declaration of emergency by a participating	367
political subdivision. The program shall providehave two	368
purposes:	369

(1) Provide for mutual assistance or aid among the	370
participating political subdivisions in response to and recovery	371
from anyfor purposes of preparing for, responding to, and	372
recovering from an incident, disaster that results in a formal	373
declaration of emergency by a participating political subdivision;	374
shall provide for mutual cooperation among the participating	375
political subdivisions in conducting disaster-related exercises,	376
testing, or other training activities using the services,	377
equipment, supplies, materials, personnel, and other resources of	378
the participating political subdivisions to simulate the provision	379
of mutual aid; and shall embody, exercise, training activity,	380
planned event, or emergency, any of which requires additional	381
resources;	382

(2) Establish a method by which a participating political	383
subdivision may seek assistance in the event of a formally	384
declared emergency, whichor aid that resolves many of the common	385
issues facing political subdivisions at the time of a formally	386
declared emergencybefore, during, and after an incident,	387
disaster, exercise, training activity, planned event, or	388
emergency, any of which requires additional resources, and will	389
ensurethat ensures, to the extent possible, eligibility for	390
available state and federal disaster assistance or other funding.	391

(C) Each countywide emergency management agency, regional	392
authority for emergency management, and program for emergency	393
management within a political subdivision, which is responsible	394
for emergency management in a participating political subdivision	395
shall, as part of its program for emergency management under	396
sections 5502.22, 5502.26, 5502.27, and 5502.271 of the Revised	397
Code, as applicable, and in coordination with all departments,	398
divisions, boards, commissions, agencies, and other	399
instrumentalities of, and having emergency response functions	400
within, each participatingthat political subdivision served by	401
that agency, authority, or program, shall establish procedures or	402
plans that, to the extent possible, accomplish both of the	403
following:	404

(1) Identify hazards that potentially could affect the	405
participating political subdivisions served by that agency,	406
authority, or program;	407

(2) Identify and inventory the current services, equipment,	408
supplies, personnel, and other resources related to the	409
preparedness, response, and recovery activities of the	410
participating political subdivisions served by that agency,	411
authority, or program.	412

(D)(1) Within one year after December 23, 2002, theThe	413
executive director of the state emergency management agency shall	414
coordinate with the countywide emergency management agencies,	415
regional authorities for emergency management, and programs for	416
emergency management within a political subdivision, which are	417
responsible for emergency management in participating political	418
subdivisions, in identifying and formulating appropriate	419
procedures or plans to resolve resource shortfalls, as part of	420
their respective programs for emergency management under sections	421
5502.22, 5502.26, 5502.27, and 5502.271 of the Revised Code, as	422
applicable.	423

(2) During and after the formulation of the procedures or	424
plans to resolve resource shortfalls, there shall be ongoing	425
consultation and coordination among the executive director of the	426
state emergency management agency; the countywide emergency	427
management agencies, regional authorities for emergency	428
management, and programs for emergency management within a	429
political subdivision, which are responsible for emergency	430
management in participating political subdivisions; and all	431
departments, divisions, boards, commissions, agencies, and other	432
instrumentalities of, and having emergency response functions	433
within, each participating political subdivision, regarding this	434
section, local procedures and plans, and the resolution of the	435
resource shortfalls.	436

(E) Participating political subdivisions may request	437
assistance of other participating political subdivisions in	438
response to and recovery from a disaster during formally declared	439
emergencies or in disaster-related exercises, testing, or other	440
training activities.(1) A participating political subdivision	441
that is impacted by an incident, disaster, exercise, training	442
activity, planned event, or emergency, any of which requires	443
additional resources, may request mutual assistance or aid by	444
doing either of the following:	445

(a) Declaring a state of emergency and issuing a request for	446
assistance or aid from any other participating political	447
subdivision;	448

(b) Issuing to another participating political subdivision a	449
verbal or written request for assistance or aid. If the request is	450
made verbally, a written confirmation of the request shall be made	451
not later than seventy-two hours after the verbal request is made.	452

(2) Requests for assistance or aid made under division (E)(1)	453
of this section shall be made through the emergency management	454
agency of a participating political subdivision or an official	455
designated by the chief executive of the participating political	456
subdivision from which the assistance or aid is requested.	457
Requests may be verbal or in writing. If verbal, the request shall	458
be confirmed in writing within seventy-two hours after the verbal	459
request is made. Requestsand shall provide the following	460
information:	461

(1)(a) A description of the incident, disaster, exercise,	462
training activity, planned event, or emergency;	463

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

464

(3)(c) An estimate of the length of time the assistance or	465
aid will be needed;	466

(4)(d) The specific place and time for staging of the	467
assistance or aid and a point of contact at that location.	468

(F) A participating political subdivision's obligation to	469
subdivision shall provide assistance in response to and recovery	470
from a disaster or in disaster-related exercises, testing, or	471
other training activitiesunder this sectionor aid to another	472
participating political subdivision that is impacted by an	473
incident, disaster, exercise, training activity, planned event, or	474
emergency, any of which requires additional resources. The	475
provision of the assistance or aid is subject to the following	476
conditions:	477

(1) A participating political subdivision requesting	478
assistance must have either declared a state of emergency by	479
resolution of its chief executive or scheduled disaster-related	480
exercises, testing, or other training activities.	481

(2) AThe responding participating political subdivision may	482
withhold resources necessary to provide for its own protection.	483

(3)(2) Personnel of athe responding participating political	484
subdivision shall continue under their local command and control	485
structure, but shall be under the operational control of the	486
appropriate officials within the incident management system of the	487
participating political subdivision receiving assistance or aid.	488

(4)(3) Responding law enforcement officers acting pursuant to	489
this section have the same authority to enforce the law as when	490
acting within the territory of their regular employment.	491

(G)(1) Nothing in this section altersshall do any of the	492
following:	493

(a) Alter the duties and responsibilities of emergency	494
response personnel;	495

(b) Prohibit a private company from participating in the	496
provision of mutual assistance or aid pursuant to the compact	497
created pursuant to this section if the participating political	498
subdivision approves the participation and the contract with the	499
private company allows for the participation;	500

(c) Prohibit employees of participating political	501
subdivisions from responding to a request for mutual assistance or	502
aid precipitated by an incident, disaster, exercise, training	503
activity, planned event, or emergency, any of which requires	504
additional resources, when the employees are responding as part of	505
a regional response team that is under the operational control of	506
the incident command structure;	507

(d) Authorize employees of participating political	508
subdivisions to respond to an incident, disaster, exercise,	509
training activity, planned event, or emergency, any of which	510
requires additional resources, without a request from a	511
participating political subdivision.	512

(2) This section does not preclude a participating political	513
subdivision from entering into a mutual aid or other agreement	514
with another political subdivision, and does not affect any other	515
agreement to which a participating political subdivision may be a	516
party, or any request for assistance or aid that may be made,	517
under any other section of the Revised Code, including, but not	518
limited to, any mutual aid arrangement under this chapter, any	519
fire protection or emergency medical services contract under	520
section 9.60 of the Revised Code, sheriffs' requests for	521
assistance to preserve the public peace and protect persons and	522
property under section 311.07 of the Revised Code, agreementsany	523
agreement for mutual assistance or aid in police protection under	524
section 737.04 of the Revised Code, any agreement for law	525
enforcement services between universities and colleges and	526
political subdivisions under section 3345.041 or 3345.21 of the	527
Revised Code, and mutual aid agreements among emergency planning	528
districts for hazardous substances or chemicals response under	529
sections 3750.02 and 3750.03 of the Revised Code.	530

(H)(1) Personnel of a responding participating political	531
subdivision who suffer injury or death in the course of, and	532
arising out of, their employment while rendering assistance or aid	533
under this section to another participating political subdivision	534
under this section are entitled to all applicable benefits under	535
Chapters 4121. and 4123. of the Revised Code.	536

(2) Personnel of a responding participating political	537
subdivision shall be considered, while rendering assistance or aid	538
under this section in another participating political subdivision	539
under this section, to be agents of the participatingresponding	540
political subdivision receiving the assistance for purposes of	541
tort liability and immunity from tort liability under the law of	542
this state.	543

(3)(a) A responding participating political subdivision and	544
the personnel of that political subdivision, while rendering	545
assistance or aid under this section, or while in route to or from	546
rendering assistance or aid under this section, in another	547
participating political subdivision under this section, shall be	548
deemed to be exercising governmental functions as defined in	549
section 2744.01 of the Revised Code, shall have the defenses to	550
and immunities from civil liability provided in sections 2744.02	551
and 2744.03 of the Revised Code, and shall be entitled to all	552
applicable limitations on recoverable damages under section	553
2744.05 of the Revised Code.	554

(b) A participating political subdivision requesting	555
assistance or aid and the personnel of that political subdivision,	556
while requesting or receiving assistance or aid under this	557
section from any other participating political subdivisions under	558
this sectionsubdivision, shall be deemed to be exercising	559
governmental functions as defined in section 2744.01 of the	560
Revised Code, shall have the defenses to and immunities from civil	561
liability provided in sections 2744.02 and 2744.03 of the Revised	562
Code, and shall be entitled to all applicable limitations on	563
recoverable damages under section 2744.05 of the Revised Code.	564

(I) If a person holds a license, certificate, or other permit	565
issued by a participating political subdivision evidencing	566
qualification in a professional, mechanical, or other skill, and	567
if the assistance or aid of that person is asked for under this	568
section by a participating political subdivision receiving	569
assistance under this section, the person shall be deemed to be	570
licensed or certified in or permitted by the participating	571
political subdivision receiving the assistance or aid to render	572
the assistance or aid, subject to any limitations and conditions	573
the chief executive of the participating political subdivision	574
receiving the assistance or aid may prescribe by executive order	575
or otherwise.	576

(J) Except(1) Subject to division (K) of this section and	577
except as otherwise provided in this division (J)(2) of this	578
section, any participating political subdivision rendering	579
assistance or aid under this section in another participating	580
political subdivision under this section shall be reimbursed by	581
the participating political subdivision receiving the assistance	582
or aid for any loss or damage to, or expense incurred in the	583
operation of, any equipment used in rendering the assistance or	584
aid, for any expense incurred in the provision of any service used	585
in rendering the assistance or aid, and for all other costs	586
incurred in responding to the request for assistance or aid.	587
However, a participating political subdivision rendering	588
assistance may assume in whole or in part the loss, damage,	589
expense, or costs, or may loan the equipment or donate the service	590
to the participating political subdivision receiving the	591
assistance without charge or cost; any two or more participating	592
political subdivisions may enter into agreements establishing a	593
different allocation of loss, damage, expense, or costs among	594
themselves; and expenses incurred under division (H)(1) of this	595
section are not reimbursable under this division. To avoid	596
duplication of payments, insurance proceeds available to cover any	597
loss or damage to equipment of a participating political	598
subdivision rendering assistance or aid shall be considered in the	599
reimbursement by the participating political subdivision receiving	600
the assistance or aid.	601

(2) A participating political subdivision rendering	602
assistance or aid under this section to another participating	603
political subdivision shall not be reimbursed for either of the	604
following:	605

(a) The first eight hours of mutual assistance or aid it	606
provides to the political subdivision receiving the assistance or	607
aid;	608

(b) Expenses the participating political subdivision incurs	609
under division (H)(1) of this section.	610

(K) A participating political subdivision rendering	611
assistance or aid under this section may do any of the following:	612

(1) Assume, in whole or in part, any loss, damage, expense,	613
or cost the political subdivision incurs in rendering the	614
assistance or aid;	615

(2) Loan, without charge, any equipment, or donate any	616
service, to the political subdivision receiving the assistance or	617
aid;	618

(3) Enter into agreements with one or more other	619
participating political subdivisions to establish different	620
allocations of losses, damages, expenses, or costs among such	621
political subdivisions.	622

Section 2. That existing sections 5502.21, 5502.29, and	623
5502.41 of the Revised Code are hereby repealed.	624