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sb343_02_PS
As Passed by the Senate
136th
General Assembly
Regular
Session
Am. S. B. No. 343
2025-2026
Senator Manning
Cosponsors: Senators Liston,
Blackshear, Cirino, Craig, DeMora, Hicks-Hudson, Huffman, Ingram,
Johnson, O'Brien, Schaffer, Timken
To
amend sections 5502.29 and 5502.41 and to enact section 5502.301 of
the Revised Code
regarding
workers' compensation coverage for a member of an urban search and
rescue unit rendering assistance in Ohio at the request of the
state's Emergency Management Agency Executive Director.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 5502.29 and 5502.41 be amended and section 5502.301 of the
Revised Code be enacted to read as follows:
Sec.
5502.29.
(A)
As used in this section, "political subdivision" has the
same meaning as in section 5502.41 of the Revised Code.
(B)
Political subdivisions, in collaboration with other public and
private agencies within this state, may develop mutual assistance or
aid agreements for reciprocal emergency management assistance or aid
for purposes of preparing for, responding to, and recovering from an
incident, disaster, exercise, training activity, planned event, or
emergency, any of which requires additional resources. In time of any
incident, disaster, exercise, training activity, planned event, or
emergency, any of which requires additional resources, each political
subdivision may render assistance in accordance with such mutual
assistance or aid agreements. Such mutual assistance or aid
agreements shall not in any manner relieve the chief elected official
of any political subdivision of the responsibility for providing
emergency management.
(C)
Political subdivisions, in collaboration with political subdivisions
in adjacent states, may develop agreements for mutual assistance or
aid for purposes of preparing for, responding to, and recovering from
an incident, disaster, exercise, training activity, planned event, or
emergency, any of which requires additional resources. Each political
subdivision may render assistance in accordance with the mutual
assistance or aid agreements. A mutual assistance or aid agreement
with political subdivisions in adjacent states shall be approved by
the chief elected officials of the agreeing political subdivisions or
their designees and shall be prepared in accordance with the laws,
regulations, ordinances, and resolutions applicable to the agreeing
political subdivisions.
(D)
When engaged in preparation for, response to, or recovery from an
incident, disaster, exercise, training activity, planned event, or
emergency, any of which requires additional resources, and in
accordance with the applicable mutual assistance or aid agreement,
personnel from political subdivisions outside this state shall be
permitted to provide services within this state in accordance with
this section and the terms of the mutual assistance or aid agreement.
(E)
Personnel of the responding 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 political subdivision receiving the
assistance or aid.
(F)
Nothing in this section shall be construed to prohibit a private
company or its employees from participating in the provision of
mutual assistance or aid, if the responding political subdivision
approves the participation and the contract between the political
subdivision and the private company permits the participation.
(G)
Nothing in this section shall be construed to prohibit personnel of
political subdivisions in this state from responding to a request for
mutual assistance or aid resulting from an incident, disaster,
exercise, training activity, planned event, or emergency, any of
which requires additional resources, when the personnel are
responding as part of a regional response team that is under the
operational control of the incident command structure.
(H)
Whenever a person from outside this state who is subject to a mutual
assistance or aid agreement authorized by this section holds a
license, certificate, or other permit issued by any state evidencing
qualification for professional, mechanical, or other skills, such
license, certificate, or other permit shall be recognized by this
state as authorizing the person to render assistance or aid in this
state involving such skill to meet the request for assistance or aid,
so long as the person is acting within the scope of the person's
license, certificate, or other permit.
(I)
Personnel
Subject
to section 5502.301 of the Revised Code, personnel
rendering
assistance or aid pursuant to a mutual assistance or aid agreement
authorized by this section remain employees or agents of their
respective political subdivisions, including for purposes of tort
liability and immunity from tort liability, and nothing in this
section or any mutual assistance or aid agreement entered into
pursuant to this section creates an employment relationship between
the political subdivision requesting aid and the employees or agents
of the political subdivision rendering aid.
(J)
Responding political subdivisions and the personnel of that political
subdivision, while rendering assistance or aid under this section, or
while in route to or from rendering assistance or aid under this
section, in a political subdivision in an adjacent state under an
agreement authorized by 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.
(K)
All pension, disability, death benefits, workers' compensation, and
other benefits enjoyed by personnel rendering interstate or
intrastate mutual assistance or aid shall extend to the services they
perform outside their respective political subdivisions to the same
extent as while acting within the boundaries of the political
subdivisions, and personnel are entitled to the rights and benefits
of
Chapter
Chapters
4121. and
4123.
of
the Revised Code
to the same extent as while performing service within the boundaries
of the political subdivisions.
Sec.
5502.301.
(A)
As used in this section:
(1)
"Designated urban search and rescue team" means an urban
search and rescue team designated by the administrator of the federal
emergency management agency under 42 U.S.C. 5165f to participate in
the national urban search and rescue response system.
(2)
"Injury" and "occupational disease" have the same
meanings as in section 4123.01 of the Revised Code.
(B)
For purposes of Chapters 4121. and 4123. of the Revised Code, an
individual who is a member of a designated urban search and rescue
team shall be considered an employee of the emergency management
agency established within the department of public safety under
section 5502.22 of the Revised Code if all of the following apply:
(1)
The individual sustains an injury or contracts an occupational
disease that is compensable under Chapter 4121. or 4123. of the
Revised Code.
(2)
The individual sustains the injury or contracts the occupational
disease while rendering assistance or aid in this state in the
individual's capacity as a member of the designated urban search and
rescue team.
(3)
The individual rendered the assistance or aid at the request of the
executive director of the emergency management agency.
(4)
The assistance was rendered pursuant to a written agreement with the
executive director of the emergency management agency.
Sec.
5502.41.
(A)
As used in this section:
(1)
"Chief executive of a participating political subdivision"
means the elected chief executive of a participating political
subdivision or, if the political subdivision does not have an elected
chief executive, a member of the political subdivision's governing
body or an employee of the political subdivision appointed by the
governing body's members to be its representative for purposes of the
intrastate mutual aid program created pursuant to this section.
(2)
"Countywide emergency management agency" means a countywide
emergency management agency established under section 5502.26 of the
Revised Code.
(3)
"Emergency" means any period during which the congress of
the United States, a chief executive as defined in section 5502.21 of
the Revised Code, or a chief executive of a participating political
subdivision has declared or proclaimed that an emergency exists.
(4)
"Participating political subdivision" means each political
subdivision in this state except a political subdivision that enacts
or adopts, by appropriate legislation, ordinance, resolution, rule,
bylaw, or regulation signed by its chief executive, a decision not to
participate in the intrastate mutual aid program created by this
section and that provides a copy of the legislation, ordinance,
resolution, rule, bylaw, or regulation to the state emergency
management agency and to the countywide emergency management agency,
regional authority for emergency management, or program for emergency
management within the political subdivision.
(5)
"Planned event" means a scheduled nonemergency activity as
defined by the national incident management system adopted under
section 5502.28 of the Revised Code as the state's standard procedure
for incident management. "Planned event" includes, but is
not limited to, a sporting event, concert, or parade.
(6)
"Political subdivision" or "subdivision" has the
same meaning as in section 2744.01 of the Revised Code and also
includes a health district established under Chapter 3709. of the
Revised Code.
(7)
"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.
(8)
"Regional authority for emergency management" means a
regional authority for emergency management established under section
5502.27 of the Revised Code.
(9)
"Regional response team" means a group of persons from
participating political subdivisions who provide mutual assistance or
aid in preparation for, response to, or recovery from an incident,
disaster, exercise, training activity, planned event, or emergency,
any of which requires additional resources. "Regional response
team" includes, but is not limited to, an incident management
team, hazardous materials response team, water rescue team, bomb
team, or search and rescue team.
(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. The program shall have two purposes:
(1)
Provide for mutual assistance or aid among the participating
political subdivisions for purposes of preparing for, responding to,
and recovering from an incident, disaster, exercise, training
activity, planned event, or emergency, any of which requires
additional resources;
(2)
Establish a method by which a participating political subdivision may
seek assistance or aid that resolves many of the common issues facing
political subdivisions before, during, and after an incident,
disaster, exercise, training activity, planned event, or emergency,
any of which requires additional resources, and that ensures, to the
extent possible, eligibility for available state and federal disaster
assistance or other funding.
(C)
Each countywide emergency management agency, regional authority for
emergency management, and program for emergency management within a
political subdivision, in coordination with all departments,
divisions, boards, commissions, agencies, and other instrumentalities
within that political subdivision, shall 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 the preparedness, response,
and recovery activities of the participating political subdivisions
served by that agency, authority, or program.
(D)(1)
The executive director of the state 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 in identifying
and formulating appropriate procedures or plans to resolve resource
shortfalls.
(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 state emergency
management agency; the countywide emergency management agencies,
regional authorities for emergency management, and programs for
emergency management within a political subdivision; 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)(1)
A participating political subdivision that is impacted by an
incident, disaster, exercise, training activity, planned event, or
emergency, any of which requires additional resources, may request
mutual assistance or aid by doing either of the following:
(a)
Declaring a state of emergency and issuing a request for assistance
or aid from any other participating political subdivision;
(b)
Issuing to another participating political subdivision a verbal or
written request for assistance or aid. If the request is made
verbally, a written confirmation of the request shall be made not
later than seventy-two hours after the verbal request is made.
(2)
Requests for assistance or aid made under division (E)(1) of this
section shall be made through the emergency management agency of a
participating political subdivision or an official designated by the
chief executive of the participating political subdivision from which
the assistance or aid is requested and shall provide the following
information:
(a)
A description of the incident, disaster, exercise, training activity,
planned event, or emergency;
(b)
A description of the assistance or aid needed;
(c)
An estimate of the length of time the assistance or aid will be
needed;
(d)
The specific place and time for staging of the assistance or aid and
a point of contact at that location.
(F)
A participating political subdivision shall provide assistance or aid
to another participating political subdivision that is impacted by an
incident, disaster, exercise, training activity, planned event, or
emergency, any of which requires additional resources. The provision
of the assistance or aid is subject to the following conditions:
(1)
The responding political subdivision may withhold resources necessary
to provide for its own protection.
(2)
Personnel of the responding 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 or aid.
(3)
Responding law enforcement officers acting pursuant to this section
have the same authority to enforce the law as when acting within the
territory of their regular employment.
(G)(1)
Nothing in this section shall do any of the following:
(a)
Alter the duties and responsibilities of emergency response
personnel;
(b)
Prohibit a private company from participating in the provision of
mutual assistance or aid pursuant to the compact created pursuant to
this section if the participating political subdivision approves the
participation and the contract with the private company allows for
the participation;
(c)
Prohibit employees of participating political subdivisions from
responding to a request for mutual assistance or aid precipitated by
an incident, disaster, exercise, training activity, planned event, or
emergency, any of which requires additional resources, when the
employees are responding as part of a regional response team that is
under the operational control of the incident command structure;
(d)
Authorize employees of participating political subdivisions to
respond to an incident, disaster, exercise, training activity,
planned event, or emergency, any of which requires additional
resources, without a request from a participating political
subdivision.
(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 or aid 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, any agreement for mutual assistance or aid in police protection
under section 737.04 of the Revised Code, any agreement for law
enforcement services between universities and colleges and political
subdivisions under section 3345.041 or 3345.21 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
Subject
to section 5502.301 of the Revised Code, 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 or aid under this section to another
participating political subdivision 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 or aid under this section
in another participating political subdivision, to be agents of the
responding political subdivision 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 aid under
this section, or while in route to or from rendering assistance or
aid under this section, in another participating political
subdivision, 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 or aid
and the personnel of that political subdivision, while requesting or
receiving assistance or aid under this section from any other
participating political subdivision, 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 or
aid of that person is asked for under this section by a participating
political subdivision, the person shall be deemed to be licensed or
certified in or permitted by the participating political subdivision
receiving the assistance or aid to render the assistance or aid,
subject to any limitations and conditions the chief executive of the
participating political subdivision receiving the assistance or aid
may prescribe by executive order or otherwise.
(J)(1)
Subject to division (K) of this section and except as provided in
division (J)(2) of this section, any participating political
subdivision rendering assistance or aid under this section in another
participating political subdivision shall be reimbursed by the
participating political subdivision receiving the assistance or aid
for any loss or damage to, or expense incurred in the operation of,
any equipment used in rendering the assistance or aid, for any
expense incurred in the provision of any service used in rendering
the assistance or aid, and for all other costs incurred in responding
to the request for assistance or aid. To avoid duplication of
payments, insurance proceeds available to cover any loss or damage to
equipment of a participating political subdivision rendering
assistance or aid shall be considered in the reimbursement by the
participating political subdivision receiving the assistance or aid.
(2)
A participating political subdivision rendering assistance or aid
under this section to another participating political subdivision
shall not be reimbursed for either of the following:
(a)
The first eight hours of mutual assistance or aid it provides to the
political subdivision receiving the assistance or aid;
(b)
Expenses the participating political subdivision incurs under
division (H)(1) of this section.
(K)
A participating political subdivision rendering assistance or aid
under this section may do any of the following:
(1)
Assume, in whole or in part, any loss, damage, expense, or cost the
political subdivision incurs in rendering the assistance or aid;
(2)
Loan, without charge, any equipment, or donate any service, to the
political subdivision receiving the assistance or aid;
(3)
Enter into agreements with one or more other participating political
subdivisions to establish different allocations of losses, damages,
expenses, or costs among such political subdivisions.
Section
2.
That
existing sections 5502.29 and 5502.41 of the Revised Code are hereby
repealed.