The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
Sub. H. B. No. 605As Reported by the House State Government CommitteeAs Reported by the House State Government Committee
124th General Assembly | Regular Session | 2001-2002 |
| |
REPRESENTATIVES White, Carmichael, Flowers, Clancy, Schaffer, Latell
A BILL
To enact section 5502.41 of the Revised Code to
establish an intrastate mutual aid program for
emergency preparedness and disaster response and
recovery to be known as the Intrastate Mutual Aid
Compact and to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 5502.41 of the Revised Code be
enacted to read as follows:
Sec. 5502.41.
(A) As used in this section:
(1) "Countywide emergency management agency" means a
countywide emergency management agency established under section
5502.26 of the Revised Code.
(2) "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 this section and that provides a
copy of the legislation to the emergency management agency and to
the countywide emergency management agency, regional authority for
emergency management, or program for emergency management within
the political subdivision, which is responsible for emergency
management in the political subdivision.
(3) "Program for emergency management within a political
subdivision" means a program for emergency management created by a
political subdivision under section 5502.271 of the Revised Code.
(4) "Regional authority for emergency management" means a
regional authority for emergency management established under
section 5502.27 of the Revised Code.
(B) There is hereby created the intrastate mutual aid program
to be known as "the intrastate mutual aid compact" to complement
existing mutual aid agreements in the event of a disaster that
results in a formal declaration of emergency by a participating
political subdivision. The program shall provide for mutual
assistance among the participating political subdivisions in
response to and recovery from any disaster that results in a
formal declaration of emergency by a participating political
subdivision; shall provide for mutual cooperation among the
participating political subdivisions in conducting
disaster-related exercises, testing, or other training activities
using the services, equipment, supplies, materials, personnel, and
other resources of the participating political subdivisions to
simulate the provision of mutual aid; and shall embody a method by
which a participating political subdivision may seek assistance in
the event of a formally declared emergency, which resolves many of
the common issues facing political subdivisions at the time of a
formally declared emergency and will ensure, to the extent
possible, eligibility for available state and federal disaster
funding.
(C) Each countywide emergency management agency, regional
authority for emergency management, and program for emergency
management within a political subdivision, which is responsible
for emergency management in a participating political subdivision
shall, as part of its program for emergency management under
sections 5502.22, 5502.26, 5502.27, and 5502.271 of the Revised
Code, as applicable, and in coordination with all departments,
divisions, boards, commissions, agencies, and other
instrumentalities of, and having emergency response functions
within, each participating political subdivision served by that
agency, authority, or program, establish procedures or plans that,
to the
extent possible, accomplish both of the following:
(1) Identify hazards that potentially could affect the
participating political subdivisions served by that agency,
authority, or program;
(2) Identify and inventory the current services, equipment,
supplies, personnel, and other resources related to response and
recovery activities of the participating political subdivisions
served by that agency, authority, or program.
(D)(1) Within one year after the effective date of this
section, the executive director of the emergency management agency
shall coordinate with the countywide emergency management
agencies, regional authorities for emergency management, and
programs for emergency management within a political subdivision,
which are responsible for emergency management in participating
political subdivisions, in identifying and formulating appropriate
procedures or plans to resolve resource shortfalls, as part of
their respective programs for emergency management under sections
5502.22, 5502.26, 5502.27, and 5502.271 of the Revised Code, as
applicable.
(2) During and after the formulation of the procedures or
plans to resolve resource shortfalls, there shall be ongoing
consultation and coordination among the executive director of the
emergency management agency; the countywide emergency management
agencies, regional authorities for emergency management, and
programs for emergency management within a political subdivision,
which are responsible for emergency management in participating
political subdivisions; and all departments, divisions, boards,
commissions, agencies, and other instrumentalities of, and having
emergency response functions within, each participating political
subdivision, regarding this section, local procedures and plans,
and the resolution of the resource shortfalls.
(E) Participating political subdivisions may request
assistance of other participating political subdivisions in
response to and recovery from a disaster during formally declared
emergencies or in disaster-related exercises, testing, or other
training activities. Requests for assistance shall be made through
the emergency management agency or an official designated by the
chief executive of the participating political subdivision from
which the assistance is requested. Requests may be verbal or in
writing. If verbal, the request shall be confirmed in writing
within seventy-two hours after the verbal request is made.
Requests shall provide the following information:
(1) A description of the disaster;
(2) A description of the assistance needed;
(3) An estimate of the length of time the assistance will be
needed;
(4) The specific place and time for staging of the assistance
and a point of contact at that location.
(F) A participating political subdivision's obligation to
provide assistance in response to and recovery from a disaster or
in disaster-related exercises, testing, or other training
activities under this section is subject to the following
conditions:
(1) A participating political subdivision requesting
assistance must have either declared a state of emergency by
resolution of its chief executive or scheduled disaster-related
exercises, testing, or other training activities.
(2) A responding participating political subdivision may
withhold resources necessary to provide for its own protection.
(3) Personnel of a responding participating political
subdivision shall continue under their local command and control
structure, but shall be under the operational control of the
appropriate officials within the incident management system of the
participating political subdivision receiving assistance.
(G)(1) Nothing in this section alters the duties and
responsibilities of emergency response personnel.
(2) This section does not preclude a participating political
subdivision from entering into a mutual aid or other agreement
with another political subdivision, and does not affect any other
agreement to which a participating political subdivision may be a
party, or any request for assistance that may be made, under any
other section of the Revised Code, including, but not limited to,
any mutual aid arrangement under this chapter, any fire protection
or emergency medical services contract under section 9.60 of the
Revised Code, sheriffs' requests for assistance to preserve the
public peace and protect persons and property under section 311.07
of the Revised Code, agreements for mutual aid in police
protection under section 737.04 of the Revised Code, and mutual
aid
agreements among emergency planning districts for hazardous
substances or chemicals response under sections 3750.02 and
3750.03 of the Revised Code.
(H)(1) Personnel of a responding participating political
subdivision who suffer injury or death in the course of, and
arising out of, their employment while rendering assistance to
another participating political subdivision under this section are
entitled to all applicable benefits under Chapters 4121. and 4123.
of the Revised Code.
(2) Personnel of a responding participating political
subdivision shall be considered, while rendering assistance in
another participating political subdivision under this section, to
be agents of the participating political subdivision receiving the
assistance for purposes of tort liability and immunity from tort
liability under the law of this state. (3)(a) A responding participating political subdivision and
the personnel of that political subdivision, while rendering
assistance, or while in route to or from rendering assistance, in
another participating political subdivision under this section,
shall be deemed to be exercising governmental functions as defined
in section 2744.01 of the Revised Code, shall have the defenses to
and immunities from civil liability provided in sections 2744.02
and 2744.03 of the Revised Code, and shall be entitled to all
applicable limitations on recoverable damages under section
2744.05 of the Revised Code. (b) A participating political subdivision requesting
assistance and the personnel of that political subdivision, while
requesting or receiving assistance from any other participating
political subdivisions under this section, shall be deemed to be
exercising governmental functions as defined in section 2744.01 of
the Revised Code, shall have the defenses to and immunities from
civil liability provided in sections 2744.02 and 2744.03 of the
Revised Code, and shall be entitled to all applicable limitations
on recoverable damages under section 2744.05 of the Revised Code. (I) If a person holds a license, certificate, or other permit
issued by a participating political subdivision evidencing
qualification in a professional, mechanical, or other skill, and
if the assistance of that person is asked for by a participating
political subdivision receiving assistance under this section, the
person shall be deemed to be licensed or certified in or permitted
by the participating political subdivision receiving the
assistance to render the assistance, subject to any limitations
and conditions the chief executive of the participating political
subdivision receiving the assistance may prescribe by executive
order or otherwise.
(J) Except as otherwise provided in this division, 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 used in rendering the
assistance, for any expense incurred in the provision of any
service used in rendering the assistance, and for all other costs
incurred in responding to 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 service to the participating
political subdivision receiving the assistance 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; and expenses incurred
under division (H)(1) of this section are not reimbursable under
this
division. To avoid duplication of payments, insurance
proceeds
available to cover any loss or damage to equipment of a
participating political subdivision rendering assistance shall be
considered in the reimbursement by the participating political
subdivision receiving the assistance.
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 September 11, 2001, terrorist attacks in New
York City and on the Pentagon in Arlington, Virginia, the
September 11, 2001, terrorist activity resulting in the crash of
United Airlines flight 93 in Pennsylvania, and the anthrax
incidents following in the wake of those terrorist events indicate
that emergency fire, medical, law enforcement, and other personnel
are often needed to respond quickly and in a coordinated manner to
disasters outside of political subdivision boundaries, and, thus,
it is fitting that Ohio, as soon as possible, have in place an
intrastate mutual aid compact for disaster response and recovery
that contains procedures for the use of response and recovery
resources outside of individual political subdivision boundaries.
Therefore, this act shall go into immediate effect.
|