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(124th General Assembly)
(Amended Substitute House Bill Number 319)
AN ACT
To enact section 5502.40 of the Revised Code to
establish the Emergency Management Assistance
Compact in law, to enter into the Compact with
all
other jurisdictions legally joining in it, and to
declare an emergency.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That section 5502.40 of the Revised Code be
enacted to read as follows:
Sec. 5502.40. The emergency management assistance compact is
hereby ratified, enacted into law, and entered into with all other
jurisdictions legally joining in it, in the following form: "ARTICLE I - PURPOSE AND AUTHORITIESThis compact is made and entered into by and between the
participating member states which enact this compact, hereinafter
called party states. For the purposes of this agreement, the term
"states" is taken to mean the several states, the Commonwealth of
Puerto Rico, the District of Columbia, and all U.S. territorial
possessions. The purpose of this compact is to provide for mutual
assistance between the states entering into this compact in
managing any emergency or disaster that is duly declared by the
governor of the affected state(s), whether arising from natural
disaster, technological hazard, man-made disaster, civil emergency
aspects of resources shortages, community disorders, insurgency,
or enemy attack. This compact shall also provide for mutual cooperation in
emergency-related exercises, testing, or other training activities
using equipment and personnel simulating performance of any aspect
of the giving and receiving of aid by party states or subdivisions
of party states during emergencies, such actions occurring outside
actual declared emergency periods. Mutual assistance in the
compact may include the use of the states' National Guard forces,
either in accordance with the National Guard Mutual Assistance
Compact or by mutual agreement between states. ARTICLE II - GENERAL IMPLEMENTATIONEach party state entering into this compact recognizes many
emergencies transcend political jurisdictional boundaries and that
intergovernmental coordination is essential in managing these and
other emergencies under this compact. Each state further
recognizes that there will be emergencies which require immediate
access and present procedures to apply outside resources to make a
prompt and effective response to such an emergency. This is
because few, if any, individual states have all the resources they
may need in all types of emergencies or the capability of
delivering resources to areas where emergencies exist. The prompt, full, and effective utilization of resources of
the participating states, including any resources on hand or
available from the Federal Government or any other source, that
are
essential to the safety, care, and welfare of the people in
the
event of any emergency or disaster declared by a party state,
shall be the underlying principle on which all articles of this
compact shall be understood. On behalf of the governor of each state participating in the
compact, the legally designated state official who is assigned
responsibility for emergency management will be responsible for
formulation of the appropriate interstate mutual aid plans and
procedures necessary to implement this compact. ARTICLE III - PARTY STATE RESPONSIBILITIES(A) It shall be the responsibility of each party state to
formulate procedural plans and programs for interstate cooperation
in the performance of the responsibilities listed in this article.
In formulating such plans, and in carrying them out, the party
states, insofar as practical, shall: (i) Review individual state hazards analyses and, to the
extent reasonably possible, determine all those potential
emergencies the party states might jointly suffer, whether due to
natural disaster, technological hazard, man-made disaster,
emergency aspects of resource shortages, civil disorders,
insurgency, or enemy attack. (ii) Review party states' individual emergency plans and
develop a plan which will determine the mechanism for the
interstate management and provision of assistance concerning any
potential emergency. (iii) Develop interstate procedures to fill any identified
gaps and to resolve any identified inconsistencies or overlaps in
existing or developed plans. (iv) Assist in warning communities adjacent to or crossing
the state boundaries. (v) Protect and assure uninterrupted delivery of services,
medicines, water, food, energy and fuel, search and rescue, and
critical lifeline equipment, services, and resources, both human
and material. (vi) Inventory and set procedures for the interstate loan and
delivery of human and material resources, together with procedures
for reimbursement or forgiveness. (vii) Provide, to the extent authorized by law, for temporary
suspension of any statutes or ordinances that restrict the
implementation of the above responsibilities. (B) The authorized representative of a party state may
request assistance of another party state by contacting the
authorized representative of that state. The provisions of this
agreement shall only apply to requests for assistance made by and
to authorized representatives. Requests may be verbal or in
writing. If verbal, the request shall be confirmed in writing
within 30 days of the verbal request. Requests shall provide the
following information: (i) A description of the emergency service function for which
assistance is needed, such as but not limited to fire services,
law enforcement, emergency medical, transportation,
communications, public works and engineering, building inspection,
planning and information assistance, mass care, resource support,
health and medical services, and search and rescue. (ii) The amount and type of personnel, equipment, materials
and supplies needed, and a reasonable estimate of the length of
time they will be needed. (iii) The specific place and time for staging of the
assisting party's response and a point of contact at that
location. (C) There shall be frequent consultation between state
officials who have assigned emergency management responsibilities
and other appropriate representatives of the party states with
affected jurisdictions and the United States Government, with free
exchange of information, plans, and resource records relating to
emergency capabilities. ARTICLE IV - LIMITATIONSAny party state requested to render mutual aid or conduct
exercises and training for mutual aid shall take such action as is
necessary to provide and make available the resources covered by
this compact in accordance with the terms hereof; provided that it
is understood that the state rendering aid may withhold resources
to the extent necessary to provide reasonable protection for such
state. Each party state shall afford to the emergency forces of
any party state, while operating within its state limits under the
terms and conditions of this compact, the same powers (except that
of arrest unless specifically authorized by the receiving state),
duties, rights, and privileges as are afforded forces of the state
in which they are performing emergency services. Emergency forces
will continue under the command and control of their regular
leaders, but the organizational units will come under the
operational control of the emergency services authorities of the
state receiving assistance. These conditions may be activated, as
needed, only subsequent to a declaration of a state of emergency
or disaster by the governor of the party state that is to receive
assistance or commencement of exercises or training for mutual aid
and shall continue so long as the exercises or training for mutual
aid are in progress, the state of emergency or disaster remains in
effect or loaned resources remain in the receiving state(s),
whichever is longer. ARTICLE V - LICENSES AND PERMITSWhenever any person holds a license, certificate, or other
permit issued by any state party to the compact evidencing the
meeting of qualifications for professional, mechanical, or other
skills,
and when such assistance is requested by the receiving
party state, such person shall be deemed licensed, certified, or
permitted by the state requesting assistance to render aid
involving such skill to meet a declared emergency or disaster,
subject to such limitations and conditions as the governor of the
requesting state may prescribe by executive order or otherwise. ARTICLE VI - LIABILITYOfficers or employees of a party state rendering aid in
another state pursuant to this compact shall be considered agents
of the requesting state for tort liability and immunity purposes;
and no party state or its officers or employees rendering aid in
another state pursuant to this compact shall be liable on account
of any act or omission in good faith on the part of such forces
while so engaged or on account of the maintenance or use of any
equipment or supplies in connection therewith. Good faith in this
article shall not include willful misconduct, gross negligence, or
recklessness. ARTICLE VII - SUPPLEMENTARY AGREEMENTSInasmuch as it is probable that the pattern and detail of the
machinery for mutual aid among two or more states may differ from
that among the states that are party hereto, this instrument
contains elements of a broad base common to all states, and
nothing herein contained shall preclude any state from entering
into supplementary agreements with another state or affect any
other agreements already in force between states. Supplementary
agreements may comprehend, but shall not be limited to,
provisions for evacuation and reception of injured and other
persons and the exchange of medical, fire, police, public utility,
reconnaissance, welfare, transportation and communications
personnel, and equipment and supplies. ARTICLE VIII - COMPENSATIONEach party state shall provide for the payment of
compensation and death benefits to injured members of the
emergency forces of that state and representatives of deceased
members of such forces in case such members sustain injuries or
are killed while rendering aid pursuant to this compact, in the
same manner and on the same terms as if the injury or death were
sustained within their own state. ARTICLE IX - REIMBURSEMENTAny party state rendering aid in another state pursuant to
this compact shall be reimbursed by the party state receiving such
aid for any loss or damage to or expense incurred in the operation
of any equipment and the provision of any service in answering a
request for aid and for the costs incurred in connection with such
requests; provided, that any aiding party state may assume in
whole or in part such loss, damage, expense, or other cost, or may
loan such equipment or donate such services to the receiving party
state without charge or cost; and provided further, that any two
or more party states may enter into supplementary agreements
establishing a different allocation of costs among those states.
Article VIII expenses shall not be reimbursable under this
provision. ARTICLE X - EVACUATIONPlans for the orderly evacuation and interstate reception of
portions of the civilian population as the result of any emergency
or disaster of sufficient proportions to so warrant, shall be
worked out and maintained between the party states and the
emergency management/services directors of the various
jurisdictions where any type of incident requiring evacuations
might occur. Such plans shall be put into effect by request of
the state from which evacuees come and shall include the manner of
transporting such evacuees, the number of evacuees to be received
in different areas, the manner in which food, clothing, housing,
and medical care will be provided, the registration of the
evacuees, the providing of facilities for the notification of
relatives or friends, and the forwarding of such evacuees to other
areas or the bringing in of additional materials, supplies, and
all other relevant factors. Such plans shall provide that the
party state receiving evacuees and the party state from which the
evacuees come shall mutually agree as to reimbursement of
out-of-pocket expenses incurred in receiving and caring for such
evacuees, for expenditures for transportation, food, clothing,
medicines and medical care, and like items. Such expenditures
shall be reimbursed as agreed by the party state from which the
evacuees come. After the termination of the emergency or
disaster, the party state from which the evacuees come shall
assume the responsibility for the ultimate support of repatriation
of such evacuees. ARTICLE XI - IMPLEMENTATION
(A) This compact shall become operative immediately upon its
enactment into law by any two (2) states; thereafter, this compact
shall become effective as to any other state upon its enactment by
such state. (B) Any party state may withdraw from this compact by
enacting a statute repealing the same, but no such withdrawal
shall take effect until 30 days after the governor of the
withdrawing state has given notice in writing of such withdrawal
to the governors of all other party states. Such action shall not
relieve the withdrawing state from obligations assumed hereunder
prior to the effective date of withdrawal. (C) Duly authenticated copies of this compact and of such
supplementary agreements as may be entered into shall, at the time
of their approval, be deposited with each of the party states and
with the Federal Emergency Management Agency and other appropriate
agencies of the United States Government. ARTICLE XII - VALIDITYThis Act shall be construed to effectuate the purposes stated
in Article I hereof. If any provision of this compact is declared
unconstitutional, or the applicability thereof to any person or
circumstances is held invalid, the constitutionality of the
remainder of this act and the applicability thereof to other
persons and circumstances shall not be affected thereby. ARTICLE XIII - ADDITIONAL PROVISIONSNothing in this compact shall authorize or permit the use of
military force by the National Guard of a state at any place
outside that state in any emergency for which the President is
authorized by law to call into federal service the militia, or for
any purpose for which the use of the Army or the Air Force would
in the absence of express statutory authorization be prohibited
under Section 1385 of title 18, United States Code."
SECTION 2. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for this necessity lies in
the fact that the recent terrorist attacks in New York City and
Washington, D.C., indicate that emergency fire, medical services,
law enforcement, and other personnel are often needed to respond
quickly to disasters outside state boundaries, and, thus, it is
fitting that Ohio, as soon as possible, enter into an interstate
compact that establishes procedures for the use of emergency
personnel outside state boundaries. Therefore, this act shall go
into immediate effect.
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