HB0032 - Emergency Management Assistance Compact.
2001 |
State of Wyoming |
01LSO-0066 |
HOUSE BILL NO. HB0032
Emergency Management Assistance Compact.
Sponsored by: Joint Corporations, Elections and Political
Subdivisions
Interim Committee
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
Page 2
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
Page 3
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:
Page 4
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;
Page 5
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
Page 6
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
Page 7
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
Page 8
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.
Page 9
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
Page 10
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
Page 11
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
Page 12
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
Page 13
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
Page 14
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
Page 15
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
Page 16
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)
Page 17