130th Ohio General Assembly
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H. B. No. 605As Introduced
As Introduced

124th General Assembly
Regular Session
2001-2002
H. B. No. 605


REPRESENTATIVE White



A BILL
To enact sections 5502.70 to 5502.73 of the Revised Code to establish an intrastate mutual aid program for disaster response and recovery and to declare an emergency.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 5502.70, 5502.71, 5502.72, and 5502.73 of the Revised Code be enacted to read as follows:
Sec. 5502.70. As used in sections 5502.70 to 5502.73 of the Revised Code:
(A) "Chief executive" has the same meaning as in section 5502.21 of the Revised Code.
(B) "Countywide emergency management agency" means a countywide emergency management agency established pursuant to section 5502.26 of the Revised Code.
(C) "Disaster" means any imminent threat or actual occurrence of personal hardship or injury, of loss of life, or of widespread or severe damage to or loss of property that results from any natural phenomenon or human act and for which an emergency has been declared.
(D) "Emergency" has the same meaning as in section 5502.21 of the Revised Code.
(E) "Emergency management" has the same meaning as in section 5502.21 of the Revised Code.
(F) "Participating political subdivision" means each political subdivision in this state except a political subdivision that enacts, by appropriate legislation signed by its chief executive, a declaration not to participate in the intrastate mutual aid program created by section 5502.71 of the Revised Code, a copy of which is provided to the director/coordinator of emergency management for the countywide emergency management agency, regional authority for emergency management, or program for emergency management within a political subdivision to which the political subdivision is a party or has itself established.
(G) "Political subdivision" has the same meaning as in section 5502.21 of the Revised Code.
(H) "Program for emergency management" includes a program for emergency management created by a countywide emergency management agency pursuant to section 5502.26 of the Revised Code, created by a regional authority for emergency management pursuant to section 5502.27 of the Revised Code, or created within a political subdivision pursuant to section 5502.271 of the Revised Code.
(I) "Program for emergency management within a political subdivision" means a program for emergency management created by a political subdivision pursuant to section 5502.271 of the Revised Code.
(J) "Recovery" includes all those activities required and necessary to return an area to its former condition, to the extent possible, following a disaster. "Recovery" includes, but is not limited to, the receipt of fire, law enforcement, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical, and search and rescue services and the receipt of evacuees.
(K) "Regional authority for emergency management" means a regional authority for emergency management established pursuant to section 5502.27 of the Revised Code.
(L) "Response" includes all those activities that occur subsequent to any disaster and that provide emergency assistance from the effects of the disaster, reduce the probability of further injury, damage, or destruction, and are designed or undertaken to speed recovery operations. "Response" includes, but is not limited to, the provision of fire, law enforcement, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical, and search and rescue services and the receipt of evacuees.
Sec. 5502.71. There is hereby created the intrastate mutual aid program for the purpose of establishing each of the following:
(A) Mutual assistance among the participating political subdivisions in managing disaster response and recovery;
(B) Mutual cooperation among the participating political subdivisions in conducting disaster response- and recovery-related exercises, testing, or other training activities using the participating political subdivisions' services, equipment, supplies, materials, personnel, and other resources to simulate the performance of any aspect of the giving and receiving of aid by the participating political subdivision.
Sec. 5502.72. (A) Upon the call of the executive director of the emergency management agency established pursuant to section 5502.22 of the Revised Code not later than one year after the effective date of this section, the directors/coordinators of emergency management for each countywide emergency management agency, regional authority for emergency management, and program for emergency management within a political subdivision, and the executive director of the emergency management agency shall commence a consultative review of each program for emergency management and formulate intrastate procedural plans and programs that accomplish each of the following:
(1) Develop a mechanism for the intrastate management and provision of mutual assistance among the participating political subdivisions in managing disaster response and recovery;
(2) Develop procedures to fill any identified gaps in, or to resolve any identified inconsistencies in or overlaps between, the programs for emergency management;
(3) Inventory, and develop procedures for the intrastate loan and delivery of, services, equipment, supplies, personnel, and other disaster response- and recovery-related resources;
(4) If the review of the programs for emergency management so warrants, develop plans for the orderly evacuation and intrastate reception of portions of the concerned participating political subdivisions' civilian population as the result of any disaster in those political subdivisions.
(B) During and after the formulation of the intrastate procedural plans and programs, the directors/coordinators of emergency management for each countywide emergency management agency, regional authority for emergency management, and program for emergency management within a political subdivision, and the executive director of the emergency management agency shall frequently consult concerning the implementation of this section and an exchange among them of information, plans, programs, and resource records relating to disaster response and recovery capabilities.
Sec. 5502.73. (A) A participating political subdivision may request the assistance of other participating political subdivisions in managing disaster response and recovery or in conducing disaster response- and recovery-related exercises, testing, or other training. Requests for assistance shall be made by and to chief executives of the political subdivisions. Requests may be verbal or in writing. If verbal, a request shall be confirmed in writing within thirty days after the verbal request. Requests shall provide the following information:
(1) A description of the disaster response and recovery functions for which assistance is needed;
(2) The amount and type of services, equipment, supplies, materials, personnel, and other resources needed and a reasonable estimate of the length of time they will be needed;
(3) The specific place and time for staging of the assisting participating political subdivision's provision of assistance and a point of contact at that location.
(B) Any participating political subdivision that is requested to render assistance in managing disaster response and recovery or in conducting disaster response- and recovery-related exercises, testing, or other training shall take the necessary action to provide and make available the necessary services, equipment, supplies, materials, personnel, and other resources.
(C) A participating political subdivision's obligation to provide assistance in managing disaster response and recovery or in conducting disaster response- and recovery-related exercises, testing, or other training is subject to the following restrictions:
(1) A participating political subdivision's request to receive assistance is effective only upon a declaration of a state of emergency by the chief executive of that political subdivision or upon the commencement of the exercises, testing, or other training. Assistance shall continue as long as the state of emergency remains in effect and the loaned resources are required by the receiving political subdivision, loaned resources remain in the receiving political subdivision, or the exercises, testing, or other training is in progress.
(2) The participating political subdivision rendering the assistance may withhold resources or recall loaned resources to the extent necessary to provide for its own reasonable protection.
(3) Emergency forces shall continue under the command and control of their regular leaders, but organizational units shall be under the operational control of the emergency services authorities of the political subdivision receiving assistance.
(D) Each participating political subdivision shall provide for the payment of compensation and benefits to injured members of the political subdivision's emergency forces and to representatives of deceased members of these forces if the members are killed while rendering assistance under this section, in the same manner and on the same terms as if the injury or death were sustained within the members' own political subdivision.
(E) Any participating political subdivision rendering assistance in another participating political subdivision under this section shall be reimbursed by the participating political subdivision receiving the assistance for any loss or damage to, or expense incurred in the operation of, any equipment in answering the request for assistance, for any expense incurred in the provision of any service in answering the request for assistance, and for the costs incurred in answering the request for assistance. However, a participating political subdivision rendering assistance may assume in whole or in part the loss, damage, expense, or costs, or may loan the equipment or donate the services to the receiving participating political subdivision, without charge or cost. Any two or more participating political subdivisions may enter into agreements establishing a different allocation of loss, damage, expense, or costs among themselves than that specified in division (E) of this section. Expenses incurred under division (D) of this section are not reimbursable under division (E) of this section.
(F) Officers and employees of a participating political subdivision rendering assistance in another participating political subdivision under this section shall be considered agents of the requesting political subdivision for the purpose of tort liability and immunity.
(F) Nothing in this section prevents any participating political subdivision from entering into a mutual aid or other agreement with another political subdivision, or affects any other agreement to which a political subdivision is a party, including, but not limited to, an agreement entered into under this chapter or section 9.60, 3750.02, or 3750.03 of the Revised 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 on the Pentagon, indicate that emergency fire and medical services, law enforcement, and other personnel are often needed to respond quickly to declared emergencies outside political subdivision boundaries, and, thus, it is fitting that Ohio, as soon as possible, create an intrastate mutual aid program for disaster response and recovery that contains procedures for the use of disaster response and recovery resources outside of individual political subdivision boundaries. Therefore, this act shall go into immediate effect.
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