Bill Text: OH HB313 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: To modify the laws governing the Intrastate Mutual Aid Compact.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-09-07 - To Insurance [HB313 Detail]

Download: Ohio-2011-HB313-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 313

Representatives Carney, Carey 

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A BILL

To amend sections 5502.21 and 5502.41 and to enact

1

section 3345.042 of the Revised Code to modify the

2

laws governing the Intrastate Mutual Aid Compact.

3

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

Section 1.  That sections 5502.21 and 5502.41 be amended and	4
section 3345.042 of the Revised Code be enacted to read as	5
follows:	6

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

7

(1) "Community college" has the same meaning as in section	8
3354.01 of the Revised Code.	9

(2) "Countywide emergency management agency," "participating	10
political subdivision," "program for emergency management within a	11
political subdivision," and "regional authority for emergency	12
management" have the same meanings as in section 5502.41 of the	13
Revised Code.	14

(3) "Technical college" has the same meaning as in section	15
3357.01 of the Revised Code.	16

(4) "State community college" has the same meaning as in	17
section 3358.01 of the Revised Code.	18

(5) "State institution of higher education" has the same	19
meaning as in section 3345.011 of the Revised Code.	20

(6) "University branch" has the same meaning as in section	21
3355.01 of the Revised Code.	22

(B)(1) Except as provided in division (B)(2) of this section,	23
a state institution of higher education is considered to be a	24
participating political subdivision for purposes of the intrastate	25
mutual aid compact created under section 5502.41 of the Revised	26
Code.	27

(2) A state institution of higher education may elect not to	28
participate in the intrastate mutual aid compact by enacting or	29
adopting an appropriate resolution, rule, bylaw, or regulation to	30
that effect. The institution shall provide a copy of the	31
resolution, rule, bylaw, or regulation to the state emergency	32
management agency and to the countywide emergency management	33
agency, regional authority for emergency management, or program	34
for emergency management within a political subdivision, whichever	35
is responsible for emergency management at the institution.	36

(C) Except for a community college, state community college,	37
technical college, or university branch, a state institution of	38
higher education and its personnel, while requesting or providing	39
assistance or aid pursuant to the compact, shall be deemed to be	40
performing a public duty as defined in section 2743.01 of the	41
Revised Code and have the defenses to, and immunities from, civil	42
liability provided in section 2743.02 of the Revised Code.	43
Community colleges, state community colleges, technical colleges,	44
university branches, and personnel of such institutions, while	45
requesting or providing assistance or aid pursuant to the compact,	46
shall have the defenses and immunities from civil liability	47
provided in sections 2744.02 and 2744.03 of the Revised Code and	48
shall be entitled to all applicable limitations on recoverable	49
damages under section 2744.05 of the Revised Code.	50

Sec. 5502.21.  As used in sections 5502.21 to 5502.51 of the	51
Revised Code:	52

(A) "Agency" means any administrative or operational	53
division, including an office, department, bureau, board,	54
commission, or authority, of the state or of a political	55
subdivision thereof, including volunteer agencies, organizations,	56
or departments.	57

(B) "Attack" means any attack, either actual or imminent, or	58
a series of attacks by an actual or potential enemy of the United	59
States or by a foreign nation upon the United States that causes	60
or may cause substantial damage to or destruction of life,	61
property, or the environment within the United States or that is	62
designed to injure the military or economic strength of the United	63
States. "Attack" includes, without limitation, acts of sabotage,	64
acts of terrorism, invasion, the use of bombs or shellfire,	65
conventional, nuclear, chemical, or biological warfare, and the	66
use of other weapons or processes.	67

(C) "Chief executive" means the president of the United	68
States, the governor of this state, the board of county	69
commissioners of any county, the board of township trustees of any	70
township, or the mayor or city manager of any municipal	71
corporation within this state.	72

(D) "Civil defense" is an integral part of emergency	73
management that includes all those activities and measures	74
designed or undertaken to minimize the effects upon the civilian	75
population caused or that would be caused by any hazard and to	76
effect emergency repairs to, or the emergency restoration of,	77
vital equipment, resources, supplies, utilities, and facilities	78
necessary for survival and for the public health, safety, and	79
welfare that would be damaged or destroyed by any hazard. "Civil	80
defense" includes, but is not limited to:	81

(1) Those measures to be taken during a hazard, including all	82
of the following:	83

(a) The enforcement of those passive defense regulations	84
necessary for the protection of the civilian population and	85
prescribed by duly established military or civil authorities;	86

(b) The evacuation of personnel to shelter areas;

87

(c) The control of traffic and panic situations;

88

(d) The control and use of emergency communications,	89
lighting, and warning equipment and systems.	90

(2) Those measures to be taken after a hazard has occurred,	91
including all of the following:	92

(a) Activities necessary for firefighting, rescue, emergency,	93
medical, health, and sanitation services;	94

(b) Monitoring for secondary hazards that could be caused	95
from the initiating event;	96

(c) Damage assessment and disaster analysis operations;

97

(d) Coordination of disaster assistance programs;

98

(e) Monitoring for effects from weapons;

99

(f) Unexploded bomb reconnaissance;

100

(g) Essential debris clearance;

101

(h) Decontamination operations;

102

(i) Documentation of operations and financial expenses;

103

(j) Resource control;

104

(k) Any other activities that may be necessary for survival	105
and the overall health, safety, and welfare of the civilian	106
population.	107

(E) "Disaster" means any imminent threat or actual occurrence	108
of widespread or severe damage to or loss of property, personal	109
hardship or injury, or loss of life that results from any natural	110
phenomenon or act of a human.	111

(F) EmergencyExcept as provided in section 5502.41 of the	112
Revised Code, "emergency" means any period during which the	113
congress of the United States or a chief executive has declared or	114
proclaimed that an emergency exists.	115

(G) "Emergency management" includes all emergency	116
preparedness and civil defense activities and measures, whether or	117
not mentioned or described in sections 5502.21 to 5502.51 of the	118
Revised Code, that are designed or undertaken to minimize the	119
effects upon the civilian population caused or that could be	120
caused by any hazard and that are necessary to address mitigation,	121
emergency preparedness, response, and recovery.	122

(H) "Emergency preparedness" is an integral part of emergency	123
management that includes those activities and measures designed or	124
undertaken in preparation for any hazard, including, but not	125
limited to, natural disasters and hazards involving hazardous	126
materials or radiological materials, and that will enhance the	127
probability for preservation of life, property, and the	128
environment. "Emergency preparedness" includes, without	129
limitation:	130

(1) The establishment of appropriate agencies and	131
organizations;	132

(2) The development of necessary plans and standard operating	133
procedures for mitigation, preparation, response, and recovery	134
purposes, including, without limitation, the development of	135
supporting agreements and memorandums of understanding;	136

(3) Hazard identification;

137

(4) Capability assessment;

138

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

139

(6) The development, printing, and distribution of emergency	140
public information, education, and training materials and	141
programs;	142

(7) The necessary conduct of research;

143

(8) The development of resource inventories;

144

(9) The procurement and stockpiling of equipment, food,	145
water, medical supplies, and any other supplies necessary for	146
survival and for the public health, safety, and welfare;	147

(10) The development and construction of public shelter	148
facilities and shelter spaces;	149

(11) The development and construction of emergency operations	150
centers for the conduct and support of coordination, direction,	151
and control activities;	152

(12) When appropriate and considered necessary, the	153
nonmilitary evacuation or temporary relocation of the civilian	154
population.	155

(I) "Hazard" means any actual or imminent threat to the	156
survival or overall health, safety, or welfare of the civilian	157
population that is caused by any natural, human-made, or	158
technological event. "Hazard" includes, without limitation, an	159
attack, disaster, and emergency.	160

(J) "Hazard identification" means an identification,	161
historical analysis, inventory, or spatial distribution of risks	162
that could affect a specific geographical area and that would	163
cause a threat to the survival, health, safety, or welfare of the	164
civilian population, the property of that population, or the	165
environment.	166

(K) "Law" includes a general or special statute, law, local	167
law, ordinance, resolution, rule, order, or rule of common law.	168

(L) "Mitigation" means all those activities that reduce or	169
eliminate the probability of a hazard. "Mitigation" also includes	170
long-term activities and measures designed to reduce the effects	171
of unavoidable hazards.	172

(M) PoliticalExcept as provided in section 5502.41 of the	173
Revised Code, "political subdivision" means a county, township, or	174
municipal corporation in this state.	175

(N) "Recovery" includes all those activities required and	176
necessary to return an area to its former condition to the extent	177
possible following the occurrence of any hazard.	178

(O) "Response" includes all those activities that occur	179
subsequent to any hazard and that provide emergency assistance	180
from the effects of any such hazard, reduce the probability of	181
further injury, damage, or destruction, and are designed or	182
undertaken to speed recovery operations.	183

(P) "Structure" includes shelters, additions to or	184
alterations of existing buildings, and portions of existing	185
buildings dedicated to public use, made and designed exclusively	186
for protection against the shock or other effects of nuclear,	187
biological, or chemical warfare, special housing for equipment,	188
and all other structural means of protection of individuals and	189
property against any hazard.	190

(Q) "Equipment" includes fire-fighting, first-aid, emergency	191
medical, hospital, salvage, and rescue equipment and materials,	192
equipment for evacuation or relocation of individuals,	193
radiological monitoring equipment, hazardous materials response	194
gear, communications equipment, warning equipment, and all other	195
means, in the nature of personal property, to be used exclusively	196
in the protection of individuals and property against the effects	197
of any hazard.	198

(R) "Certifying authority" means the executive director of	199
the emergency management agency provided for by section 5502.22 of	200
the Revised Code.	201

(S) "Civil defense certificate" means a civil defense	202
certificate of necessity issued pursuant to section 5502.42 of the	203
Revised Code.	204

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

205

(1) "Chief executive of a participating political	206
subdivision" means the elected chief executive of a participating	207
political subdivision or, if the political subdivision does not	208
have an elected chief executive, a member of the political	209
subdivision's governing body or an employee of the political	210
subdivision appointed by the governing body's members to be its	211
representative for purposes of the intrastate mutual aid program	212
created pursuant to this section.	213

(2) "Countywide emergency management agency" means a	214
countywide emergency management agency established under section	215
5502.26 of the Revised Code.	216

(2)(3) "Emergency" means any period during which the congress	217
of the United States, a chief executive as defined in section	218
5502.21 of the Revised Code, or a chief executive of a	219
participating political subdivision has declared or proclaimed	220
that an emergency exists.	221

(4) "Participating political subdivision" means each	222
political subdivision in this state except a political subdivision	223
that enacts or adopts, by appropriate legislation, ordinance,	224
resolution, rule, bylaw, or regulation signed by its chief	225
executive, a declarationdecision not to participate in the	226
intrastate mutual aid program created by this section and that	227
provides a copy of the legislation, ordinance, resolution, rule,	228
bylaw, or regulation to the state emergency management agency and	229
to the countywide emergency management agency, regional authority	230
for emergency management, or program for emergency management	231
within the political subdivision, which is responsible for	232
emergency management in the political subdivision.	233

(3)(5) "Planned event" means a scheduled nonemergency	234
activity as defined by the national incident management system	235
adopted under section 5502.28 of the Revised Code as the state's	236
standard procedure for incident management. "Planned event"	237
includes, but is not limited to, a sporting event, concert, or	238
parade.	239

(6) "Political subdivision" or "subdivision" has the same	240
meaning as in section 2744.01 of the Revised Code.	241

(7) "Program for emergency management within a political	242
subdivision" means a program for emergency management created by a	243
political subdivision under section 5502.271 of the Revised Code.	244

(4)(8) "Regional authority for emergency management" means a	245
regional authority for emergency management established under	246
section 5502.27 of the Revised Code.	247

(9) "Regional response team" means a group of persons from	248
participating political subdivisions who provide mutual assistance	249
or aid in preparation for, response to, or recovery from an	250
incident, disaster, exercise, training activity, planned event, or	251
emergency, any of which requires additional resources. "Regional	252
response team" includes, but is not limited to, an incident	253
management team, hazardous materials response team, water rescue	254
team, bomb team, or search and rescue team.	255

(B) There is hereby created the intrastate mutual aid program	256
to be known as "the intrastate mutual aid compact" to complement	257
existing mutual aid agreements in the event of a disaster that	258
results in a formal declaration of emergency by a participating	259
political subdivision. The program shall providehave two	260
purposes:	261

(1) Provide for mutual assistance or aid among the	262
participating political subdivisions in response to and recovery	263
from anyfor purposes of preparing for, responding to, and	264
recovering from an incident, disaster that results in a formal	265
declaration of emergency by a participating political subdivision;	266
shall provide for mutual cooperation among the participating	267
political subdivisions in conducting disaster-related exercises,	268
testing, or other training activities using the services,	269
equipment, supplies, materials, personnel, and other resources of	270
the participating political subdivisions to simulate the provision	271
of mutual aid; and shall embody, exercise, training activity,	272
planned event, or emergency, any of which requires additional	273
resources;	274

(2) Establish a method by which a participating political	275
subdivision may seek assistance in the event of a formally	276
declared emergency, whichor aid that resolves many of the common	277
issues facing political subdivisions at the time of a formally	278
declared emergencybefore, during, and after an incident,	279
disaster, exercise, training activity, planned event, or	280
emergency, any of which requires additional resources, and will	281
ensurethat ensures, to the extent possible, eligibility for	282
available state and federal disaster assistance or other funding.	283

(C) Each countywide emergency management agency, regional	284
authority for emergency management, and program for emergency	285
management within a political subdivision, which is responsible	286
for emergency management in a participating political subdivision	287
shall, as part of its program for emergency management under	288
sections 5502.22, 5502.26, 5502.27, and 5502.271 of the Revised	289
Code, as applicable, and in coordination with all departments,	290
divisions, boards, commissions, agencies, and other	291
instrumentalities of, and having emergency response functions	292
within, each participatingthat political subdivision served by	293
that agency, authority, or program, shall establish procedures or	294
plans that, to the extent possible, accomplish both of the	295
following:	296

(1) Identify hazards that potentially could affect the	297
participating political subdivisions served by that agency,	298
authority, or program;	299

(2) Identify and inventory the current services, equipment,	300
supplies, personnel, and other resources related to the	301
preparedness, response, and recovery activities of the	302
participating political subdivisions served by that agency,	303
authority, or program.	304

(D)(1) Within one year after December 23, 2002, theThe	305
executive director of the state emergency management agency shall	306
coordinate with the countywide emergency management agencies,	307
regional authorities for emergency management, and programs for	308
emergency management within a political subdivision, which are	309
responsible for emergency management in participating political	310
subdivisions, in identifying and formulating appropriate	311
procedures or plans to resolve resource shortfalls, as part of	312
their respective programs for emergency management under sections	313
5502.22, 5502.26, 5502.27, and 5502.271 of the Revised Code, as	314
applicable.	315

(2) During and after the formulation of the procedures or	316
plans to resolve resource shortfalls, there shall be ongoing	317
consultation and coordination among the executive director of the	318
state emergency management agency; the countywide emergency	319
management agencies, regional authorities for emergency	320
management, and programs for emergency management within a	321
political subdivision, which are responsible for emergency	322
management in participating political subdivisions; and all	323
departments, divisions, boards, commissions, agencies, and other	324
instrumentalities of, and having emergency response functions	325
within, each participating political subdivision, regarding this	326
section, local procedures and plans, and the resolution of the	327
resource shortfalls.	328

(E) Participating political subdivisions may request	329
assistance of other participating political subdivisions in	330
response to and recovery from a disaster during formally declared	331
emergencies or in disaster-related exercises, testing, or other	332
training activities.(1) A participating political subdivision	333
that is impacted by an incident, disaster, exercise, training	334
activity, planned event, or emergency, any of which requires	335
additional resources, may request mutual assistance or aid by	336
doing either of the following:	337

(a) Declaring a state of emergency and issuing a request for	338
assistance or aid from any other participating political	339
subdivision;	340

(b) Issuing to another participating political subdivision a	341
verbal or written request for assistance or aid. If the request is	342
made verbally, a written confirmation of the request shall be made	343
not later than seventy-two hours after the verbal request is made.	344

(2) Requests for assistance or aid made under division (E)(1)	345
of this section shall be made through the emergency management	346
agency of a participating political subdivision or an official	347
designated by the chief executive of the participating political	348
subdivision from which the assistance or aid is requested.	349
Requests may be verbal or in writing. If verbal, the request shall	350
be confirmed in writing within seventy-two hours after the verbal	351
request is made. Requestsand shall provide the following	352
information:	353

(1)(a) A description of the incident, disaster, exercise,	354
training activity, planned event, or emergency;	355

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

356

(3)(c) An estimate of the length of time the assistance or	357
aid will be needed;	358

(4)(d) The specific place and time for staging of the	359
assistance or aid and a point of contact at that location.	360

(F) A participating political subdivision's obligation to	361
subdivision shall provide assistance in response to and recovery	362
from a disaster or in disaster-related exercises, testing, or	363
other training activitiesunder this sectionor aid to another	364
participating political subdivision that is impacted by an	365
incident, disaster, exercise, training activity, planned event, or	366
emergency, any of which requires additional resources. The	367
provision of the assistance or aid is subject to the following	368
conditions:	369

(1) A participating political subdivision requesting	370
assistance must have either declared a state of emergency by	371
resolution of its chief executive or scheduled disaster-related	372
exercises, testing, or other training activities.	373

(2) AThe responding participating political subdivision may	374
withhold resources necessary to provide for its own protection.	375

(3)(2) Personnel of athe responding participating political	376
subdivision shall continue under their local command and control	377
structure, but shall be under the operational control of the	378
appropriate officials within the incident management system of the	379
participating political subdivision receiving assistance or aid.	380

(4)(3) Responding law enforcement officers acting pursuant to	381
this section have the same authority to enforce the law as when	382
acting within the territory of their regular employment.	383

(G)(1) Nothing in this section altersshall do any of the	384
following:	385

(a) Alter the duties and responsibilities of emergency	386
response personnel;	387

(b) Prohibit a private company from participating in the	388
provision of mutual assistance or aid pursuant to the compact	389
created pursuant to this section if the participating political	390
subdivision approves the participation and the contract with the	391
private company allows for the participation;	392

(c) Prohibit employees of participating political	393
subdivisions from responding to a request for mutual assistance or	394
aid precipitated by an incident, disaster, exercise, training	395
activity, planned event, or emergency, any of which requires	396
additional resources, when the employees are responding as part of	397
a regional response team that is under the operational control of	398
the incident command structure;	399

(d) Authorize employees of participating political	400
subdivisions to respond to an incident, disaster, exercise,	401
training activity, planned event, or emergency, any of which	402
requires additional resources, without a request from a	403
participating political subdivision.	404

(2) This section does not preclude a participating political	405
subdivision from entering into a mutual aid or other agreement	406
with another political subdivision, and does not affect any other	407
agreement to which a participating political subdivision may be a	408
party, or any request for assistance or aid that may be made,	409
under any other section of the Revised Code, including, but not	410
limited to, any mutual aid arrangement under this chapter, any	411
fire protection or emergency medical services contract under	412
section 9.60 of the Revised Code, sheriffs' requests for	413
assistance to preserve the public peace and protect persons and	414
property under section 311.07 of the Revised Code, agreementsany	415
agreement for mutual assistance or aid in police protection under	416
section 737.04 of the Revised Code, any agreement for law	417
enforcement services between universities and colleges and	418
political subdivisions under section 3345.041 or 3345.21 of the	419
Revised Code, and mutual aid agreements among emergency planning	420
districts for hazardous substances or chemicals response under	421
sections 3750.02 and 3750.03 of the Revised Code.	422

(H)(1) Personnel of a responding participating political	423
subdivision who suffer injury or death in the course of, and	424
arising out of, their employment while rendering assistance or aid	425
under this section to another participating political subdivision	426
under this section are entitled to all applicable benefits under	427
Chapters 4121. and 4123. of the Revised Code.	428

(2) Personnel of a responding participating political	429
subdivision shall be considered, while rendering assistance or aid	430
under this section in another participating political subdivision	431
under this section, to be agents of the participatingresponding	432
political subdivision receiving the assistance for purposes of	433
tort liability and immunity from tort liability under the law of	434
this state.	435

(3)(a) A responding participating political subdivision and	436
the personnel of that political subdivision, while rendering	437
assistance or aid under this section, or while in route to or from	438
rendering assistance or aid under this section, in another	439
participating political subdivision under this section, shall be	440
deemed to be exercising governmental functions as defined in	441
section 2744.01 of the Revised Code, shall have the defenses to	442
and immunities from civil liability provided in sections 2744.02	443
and 2744.03 of the Revised Code, and shall be entitled to all	444
applicable limitations on recoverable damages under section	445
2744.05 of the Revised Code.	446

(b) A participating political subdivision requesting	447
assistance or aid and the personnel of that political subdivision,	448
while requesting or receiving assistance or aid under this	449
section from any other participating political subdivisions under	450
this sectionsubdivision, shall be deemed to be exercising	451
governmental functions as defined in section 2744.01 of the	452
Revised Code, shall have the defenses to and immunities from civil	453
liability provided in sections 2744.02 and 2744.03 of the Revised	454
Code, and shall be entitled to all applicable limitations on	455
recoverable damages under section 2744.05 of the Revised Code.	456

(I) If a person holds a license, certificate, or other permit	457
issued by a participating political subdivision evidencing	458
qualification in a professional, mechanical, or other skill, and	459
if the assistance or aid of that person is asked for under this	460
section by a participating political subdivision receiving	461
assistance under this section, the person shall be deemed to be	462
licensed or certified in or permitted by the participating	463
political subdivision receiving the assistance or aid to render	464
the assistance or aid, subject to any limitations and conditions	465
the chief executive of the participating political subdivision	466
receiving the assistance or aid may prescribe by executive order	467
or otherwise.	468

(J) Except(1) Subject to division (K) of this section and	469
except as otherwise provided in this division (J)(2) of this	470
section, any participating political subdivision rendering	471
assistance or aid under this section in another participating	472
political subdivision under this section shall be reimbursed by	473
the participating political subdivision receiving the assistance	474
or aid for any loss or damage to, or expense incurred in the	475
operation of, any equipment used in rendering the assistance or	476
aid, for any expense incurred in the provision of any service used	477
in rendering the assistance or aid, and for all other costs	478
incurred in responding to the request for assistance or aid.	479
However, a participating political subdivision rendering	480
assistance may assume in whole or in part the loss, damage,	481
expense, or costs, or may loan the equipment or donate the service	482
to the participating political subdivision receiving the	483
assistance without charge or cost; any two or more participating	484
political subdivisions may enter into agreements establishing a	485
different allocation of loss, damage, expense, or costs among	486
themselves; and expenses incurred under division (H)(1) of this	487
section are not reimbursable under this division. To avoid	488
duplication of payments, insurance proceeds available to cover any	489
loss or damage to equipment of a participating political	490
subdivision rendering assistance or aid shall be considered in the	491
reimbursement by the participating political subdivision receiving	492
the assistance or aid.	493

(2) A participating political subdivision rendering	494
assistance or aid under this section to another participating	495
political subdivision shall not be reimbursed for either of the	496
following:	497

(a) The first eight hours of mutual assistance or aid it	498
provides to the political subdivision receiving the assistance or	499
aid;	500

(b) Expenses the participating political subdivision incurs	501
under division (H)(1) of this section.	502

(K) A participating political subdivision rendering	503
assistance or aid under this section may do any of the following:	504

(1) Assume, in whole or in part, any loss, damage, expense,	505
or cost the political subdivision incurs in rendering the	506
assistance or aid;	507

(2) Loan, without charge, any equipment, or donate any	508
service, to the political subdivision receiving the assistance or	509
aid;	510

(3) Enter into agreements with one or more other	511
participating political subdivisions to establish different	512
allocations of losses, damages, expenses, or costs among such	513
political subdivisions.	514

Section 2. That existing sections 5502.21 and 5502.41 of the	515
Revised Code are hereby repealed.	516