HB0032 - Emergency Management Assistance Compact.

 

2001

State of Wyoming

01LSO-0066

 

 

 

HOUSE BILL NO.  HB0032

 

 

Emergency Management Assistance Compact.

 

Sponsored by:

 

 

A BILL

 

for

 

 1  AN ACT relating to emergency management; entering into the
 2  Emergency Management Assistance Compact; specifying
 3  purposes, terms and conditions of compact; making
 4  conforming amendments; and providing for an effective date.

 5 

 6  Be It Enacted by the Legislature of the State of Wyoming:

 7 

 8         Section 1.  W.S. 19-13-401 is created to read:

 9 

10                        ARTICLE 4

11       EMERGENCY MANAGEMENT ASSISTANCE COMPACT

12 

13         19-13-401.  Compact provisions.

14 

 

Page  1

 

 

 

 1  The Emergency Management Assistance Compact is enacted into
 2  law and entered into with all other jurisdictions legally
 3  joining therein in form substantially as follows:

 4 

 5                         ARTICLE I

 6              Purposes and Authorities

 7 

 8  This compact is made and entered into by and between the
 9  participating member states which enact this compact,
10  hereinafter called party states. For the purposes of this
11  agreement, the term "states" is taken to mean the several
12  states, the Commonwealth of Puerto Rico, the District of
13  Columbia and all United States territorial possessions.

14 

15  The purpose of this compact is to provide for mutual
16  assistance between the states entering into this compact in
17  managing any emergency or disaster that is duly declared by
18  the governor of the affected state, whether arising from
19  natural disaster, technological hazard, man-made disaster,
20  civil emergency aspects of resources shortages, community
21  disorders, insurgency or enemy attack.

22 

23  This compact shall also provide for mutual cooperation in
24  emergency-related exercises, testing or other training

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 1  activities using equipment and personnel simulating
 2  performance of any aspect of the giving and receiving of aid
 3  by party states or subdivisions of party states during
 4  emergencies, such actions occurring outside actual declared
 5  emergency periods. Mutual assistance in this compact may
 6  include the use of the states' national guard forces, either
 7  in accordance with the National Guard Mutual Assistance
 8  Compact or by mutual agreement between states.

 9 

10                        ARTICLE II

11                   General Implementation

12 

13  Each party state entering into this compact recognizes many
14  emergencies transcend political jurisdictional boundaries
15  and that intergovernmental coordination is essential in
16  managing these and other emergencies under this compact.
17  Each state further recognizes that there will be emergencies
18  which require immediate access and present procedures to
19  apply outside resources to make a prompt and effective
20  response to such an emergency. This is because few, if any,
21  individual states have all the resources they may need in
22  all types of emergencies or the capability of delivering
23  resources to areas where emergencies exist.

24 

 

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 1  The prompt, full, and effective utilization of resources of
 2  the participating states, including any resources on hand or
 3  available from the federal government or any other source,
 4  that are essential to the safety, care and welfare of the
 5  people in the event of any emergency or disaster declared by
 6  a party state, shall be the underlying principle on which
 7  all articles of this compact shall be understood.

 8 

 9  On behalf of the governor of each state participating in the
10  compact, the legally designated state official who is
11  assigned responsibility for emergency management will be
12  responsible for formulation of the appropriate interstate
13  mutual aid plans and procedures necessary to implement this
14  compact.

15 

16                         ARTICLE III

17              Party State Responsibilities

18 

19         (a)  It shall be the responsibility of each party state
20  to formulate procedural plans and programs for interstate
21  cooperation in the performance of the responsibilities
22  listed in this article. In formulating such plans, and in
23  carrying them out, the party states, insofar as practical,
24  shall:

 

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 1 

 2              (i)  Review individual state hazards analyses and,
 3  to the extent reasonably possible, determine all those
 4  potential emergencies the party states might jointly suffer,
 5  whether due to natural disaster, technological hazard, man-
 6  made disaster, emergency aspects of resource shortages,
 7  civil disorders, insurgency or enemy attack;

 8 

 9              (ii)  Review party states' individual emergency
10  plans and develop a plan which will determine the mechanism
11  for the interstate management and provision of assistance
12  concerning any potential emergency;

13 

14              (iii)  Develop interstate procedures to fill any
15  identified gaps and to resolve any identified
16  inconsistencies or overlaps in existing or developed plans;

17 

18              (iv)  Assist in warning communities adjacent to or
19  crossing the state boundaries;

20 

21              (v)  Protect and assure uninterrupted delivery of
22  services, medicines, water, food, energy and fuel, search
23  and rescue, and critical lifeline equipment, services and
24  resources, both human and material;

 

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 1 

 2              (vi)  Inventory and set procedures for the
 3  interstate loan and delivery of human and material
 4  resources, together with procedures for reimbursement or
 5  forgiveness.

 6 

 7         (b)  The authorized representative of a party state may
 8  request assistance of another party state by contacting the
 9  authorized representative of that state. The provisions of
10  this agreement shall only apply to requests for assistance
11  made by and to authorized representatives. Requests may be
12  verbal or in writing. If verbal, the request shall be
13  confirmed in writing within thirty (30) days of the verbal
14  request. Requests shall provide the following information:

15 

16              (i)  A description of the emergency service
17  function for which assistance is needed, such as but not
18  limited to fire services, law enforcement, emergency
19  medical, transportation, communications, public works and
20  engineering, building inspection, planning and information
21  assistance, mass care, resource support, health and medical
22  services and search and rescue;

23 

 

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 1              (ii)  The amount and type of personnel, equipment,
 2  materials and supplies needed and a reasonable estimate of
 3  the length of time they will be needed;

 4 

 5              (iii)  The specific place and time for staging of
 6  the assisting party's response and a point of contact at
 7  that location.

 8 

 9         (c)  There shall be frequent consultation between state
10  officials who have assigned emergency management
11  responsibilities and other appropriate representatives of
12  the party states with affected jurisdictions and the United
13  States government, with free exchange of information, plans
14  and resource records relating to emergency capabilities.

15 

16                         ARTICLE IV

17                         Limitations

18 

19  Any party state requested to render mutual aid or conduct
20  exercises and training for mutual aid shall take such action
21  as is necessary to provide and make available the resources
22  covered by this compact in accordance with the terms hereof;
23  provided that it is understood that the state rendering aid
24  may withhold resources to the extent necessary to provide

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 1  reasonable protection for such state. Each party state shall
 2  afford to the emergency forces of any party state, while
 3  operating within its state limits under the terms and
 4  conditions of this compact, the same powers (except that of
 5  arrest unless specifically authorized by the receiving
 6  state), duties, rights and privileges as are afforded forces
 7  of the state in which they are performing emergency
 8  services. Emergency forces will continue under the command
 9  and control of their regular leaders, but the organizational
10  units will come under the operational control of the
11  emergency services authorities of the state receiving
12  assistance. These conditions may be activated, as needed,
13  only subsequent to a declaration of a state of emergency or
14  disaster by the governor of the party state that is to
15  receive assistance or commencement of exercises or training
16  for mutual aid and shall continue so long as the exercises
17  or training for mutual aid are in progress, the state of
18  emergency or disaster remains in effect or loaned resources
19  remain in the receiving state, whichever is longer.

20 

21                         ARTICLE V

22                   Licenses and Permits

23 

 

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 1  Whenever any person holds a license, certificate or other
 2  permit issued by any state party to the compact evidencing
 3  the meeting of qualifications for professional, mechanical
 4  or other skills, and when such assistance is requested by
 5  the receiving party state, such person shall be deemed
 6  licensed, certified or permitted by the state requesting
 7  assistance to render aid involving such skill to meet a
 8  declared emergency or disaster, subject to such limitations
 9  and conditions as the governor of the requesting state may
10  prescribe by executive order or otherwise.

11 

12                         ARTICLE VI

13                         Liability

14 

15  Officers or employees of a party state rendering aid in
16  another state pursuant to this compact shall be considered
17  agents of the requesting state for tort liability and
18  immunity purposes.  Any party state or its officers or
19  employees rendering aid in this state pursuant to this
20  compact shall be liable on account of any act or omission on
21  the part of such forces while so engaged or on account of
22  the maintenance or use of any equipment or supplies in
23  connection therewith in accordance with the provisions of
24  the Wyoming Governmental Claims Act.

 

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 1 

 2                         ARTICLE VII

 3                   Supplementary Agreements

 4 

 5  Inasmuch as it is probable that the pattern and detail of
 6  the machinery for mutual aid among two (2) or more states
 7  may differ from that among the states that are party hereto,
 8  this instrument contains elements of a broad base common to
 9  all states, and nothing herein contained shall preclude any
10  state from entering into supplementary agreements with
11  another state or affect any other agreements already in
12  force between states. Supplementary agreements may
13  comprehend, but shall not be limited to, provisions for
14  evacuation and reception of injured and other persons and
15  the exchange of medical, fire, police, public utility,
16  reconnaissance, welfare, transportation and communications
17  personnel and equipment and supplies.

18 

19                         ARTICLE VIII

20                         Compensation

21 

22  Each party state shall provide for the payment of
23  compensation and death benefits to injured members of the
24  emergency forces of that state and representatives of

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 1  deceased members of such forces in case such members sustain
 2  injuries or are killed while rendering aid pursuant to this
 3  compact, in the same manner and on the same terms as if the
 4  injury or death were sustained within their own state.

 5 

 6                         ARTICLE IX

 7                         Reimbursement

 8 

 9  Any party state rendering aid in another state pursuant to
10  this compact shall be reimbursed by the party state
11  receiving such aid for any loss or damage to or expense
12  incurred in the operation of any equipment and the provision
13  of any service in answering a request for aid and for the
14  costs incurred in connection with such requests; provided,
15  that any aiding party state may assume in whole or in part
16  such loss, damage, expense or other cost, or may loan such
17  equipment or donate such services to the receiving party
18  state without charge or cost; and provided further, that any
19  two (2) or more party states may enter into supplementary
20  agreements establishing a different allocation of costs
21  among those states. Article VIII expenses shall not be
22  reimbursable under this provision.

23 

24                         ARTICLE X

 

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 1                         Evacuation

 2 

 3  Plans for the orderly evacuation and interstate reception of
 4  portions of the civilian population as the result of any
 5  emergency or disaster of sufficient proportions to so
 6  warrant, shall be worked out and maintained between the
 7  party states and the emergency management/services directors
 8  of the various jurisdictions where any type of incident
 9  requiring evacuations might occur. Such plans shall be put
10  into effect by request of the state from which evacuees come
11  and shall include the manner of transporting such evacuees,
12  the number of evacuees to be received in different areas,
13  the manner in which food, clothing, housing and medical care
14  will be provided, the registration of the evacuees, the
15  providing of facilities for the notification of relatives or
16  friends, and the forwarding of such evacuees to other areas
17  or the bringing in of additional materials, supplies and all
18  other relevant factors. Such plans shall provide that the
19  party state receiving evacuees and the party state from
20  which the evacuees come shall mutually agree as to
21  reimbursement of out-of-pocket expenses incurred in
22  receiving and caring for such evacuees, for expenditures for
23  transportation, food, clothing, medicines and medical care
24  and like items. Such expenditures shall be reimbursed as

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 1  agreed by the party state from which the evacuees come.
 2  After the termination of the emergency or disaster, the
 3  party state from which the evacuees come shall assume the
 4  responsibility for the ultimate support of repatriation of
 5  such evacuees.

 6 

 7                         ARTICLE XI

 8                         Implementation

 9 

10         (a)  This compact shall become operative immediately
11  upon its enactment into law by any two (2) states;
12  thereafter, this compact shall become effective as to any
13  other state upon its enactment by such state.

14 

15         (b)  Any party state may withdraw from this compact by
16  enacting a statute repealing the same, but no such
17  withdrawal shall take effect until thirty (30) days after
18  the governor of the withdrawing state has given notice in
19  writing of such withdrawal to the governors of all other
20  party states. Such action shall not relieve the withdrawing
21  state from obligations assumed hereunder prior to the
22  effective date of withdrawal.

23 

 

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 1         (c)  Duly authenticated copies of this compact and of
 2  such supplementary agreements as may be entered into shall,
 3  at the time of their approval, be deposited with each of the
 4  party states and with the federal emergency management
 5  agency and other appropriate agencies of the United States
 6  government.

 7 

 8                         ARTICLE XII

 9                         Validity

10 

11  This act shall be construed to effectuate the purposes
12  stated in Article I hereof. If any provision of this compact
13  is declared unconstitutional, or the applicability thereof
14  to any person or circumstances is held invalid, the
15  constitutionality of the remainder of this act and the
16  applicability thereof to other persons and circumstances
17  shall not be affected thereby.

18 

19                         ARTICLE XIII

20                   Additional Provisions

21 

22  Nothing in this compact shall authorize or permit the use of
23  military force by the national guard of a state at any place
24  outside that state in any emergency for which the president

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 1  is authorized by law to call into federal service the
 2  militia, or for any purpose for which the use of the Army or
 3  the Air Force would in the absence of express statutory
 4  authorization be prohibited under Section 1385 of title 18,
 5  United States Code.

 6 

 7         Section 2.  W.S. 19-9-209(d) and 19-10-104(a) are
 8  amended to read:

 9 

10         19-9-209.  Service in state; active duty status outside
11  of state; costs to state.

12 

13         (d)  Except for assistance provided in accordance with
14  the Emergency Management Assistance Compact, the service of
15  members to the requesting state shall be at no cost to the
16  state of Wyoming and all expenses incurred by the state of
17  Wyoming shall be the responsibility of the requesting state. 
18  For assistance provided in accordance with the Emergency
19  Management Assistance Compact, the allocation of expenses
20  incurred by the state shall be determined by the governor of
21  this state and the legal representatives of other party
22  states as provided in article IX of that compact.

23 

 

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 1         19-10-104.  Guard not required to serve outside state;
 2  exceptions.

 3 

 4         (a)  The Wyoming state guard is not required to serve
 5  outside the boundaries of this state except:

 6 

 7              (i)  Upon request of the governor of another
 8  state, the governor of this state may order any portion of
 9  the force to assist the military or police forces of the
10  other state which are actually engaged in the defense of the
11  other state. The forces may be recalled at the discretion of
12  the governor of Wyoming; or

13 

14              (ii)  As ordered by the governor of this state in
15  accordance with the provisions of the Emergency Management
16  Assistance Compact;

17 

18              (ii)(iii)  As provided by W.S. 19-8-103(b).

19 

 

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 1         Section 3.  This act is effective immediately upon
 2  completion of all acts necessary for a bill to become law
 3  as provided by Article 4, Section 8 of the Wyoming
 4  Constitution.

 5 

 6                         (END)

 

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