1999 State of Wyoming 99LSO-0018
SENATE FILE NO. SF0048
Emergency management.
Sponsored by: Joint Corporations, Elections and Political
Subdivisions Interim Committee
A BILL
for
1 AN ACT relating to emergency management; declaring state
2 policy for disaster and emergency planning and response;
3 prescribing authority and duties of the governor and other
4 state and local authorities in emergency management;
5 providing for the establishment and operation of a disaster
6 account council and a search and rescue council;
7 establishing a disaster account; providing for disposition
8 of specified revenues; authorizing mutual aid and other
9 agreements; providing criminal penalties; providing for
10 emergency response training and planning; authorizing
11 rulemaking; providing definitions; repealing existing
12 advisory board; making conforming and clarifying amendments;
13 and providing for an effective date.
14
15 Be It Enacted by the Legislature of the State of Wyoming:
16
17 Section 1. W.S. 19-13-117 and 19-13-401 through
18 19-13-403 are created to read:
Page 1
1
2 19-13-117. Failure to comply with an emergency
3 management order.
4
5 (a) Any person who, without the permission of the
6 coordinator of the state emergency management agency, enters
7 an area from which an evacuation has been ordered under the
8 provisions of this chapter, is guilty of a misdemeanor.
9
10 (b) Any person who willfully and unreasonably hinders
11 or interferes with a member of an emergency response
12 organization in the performance of official duties or who
13 attempts to do so with the intention of interfering with the
14 emergency response and recovery effort is guilty of a
15 misdemeanor.
16
17 (c) Upon conviction under this section the person
18 shall be fined not more than one thousand dollars
19 ($1,000.00), imprisoned for not more than one (1) year, or
20 both.
21
22 ARTICLE 4
23 DISASTER ACCOUNT
24
25 19-13-401. Definitions.
Page 2
1
2 (a) As used in this article:
3
4 (i) "Account" means the disaster account created
5 by W.S. 19-13-402;
6
7 (ii) "Disaster mitigation" means those actions
8 designed to prevent or reduce damage from similar incidents
9 in the future;
10
11 (iii) "Disaster response" means the temporary or
12 emergency actions necessary to save lives, protect property,
13 preserve public health and safety and temporarily restore
14 essential public services at the time of an incident;
15
16 (iv) "Eligible claimant" means any governmental
17 subdivision of the state.
18
19 19-13-402. Disaster account created; disaster council
20 established.
21
22 (a) The disaster account is created within the
23 earmarked revenue fund. The account shall be used for
24 disasters and emergencies in which the state must initiate
25 massive response in support of affected jurisdictions. The
Page 3
1 account is intended to provide sufficient financial
2 resources until additional state or federal guarantees can
3 be provided.
4
5 (b) The account shall also be used to provide partial
6 relief to affected jurisdictions for nonfederal disasters.
7 Revenues deposited within the account shall be expended by
8 the Wyoming emergency management agency to reimburse local
9 jurisdictions for costs directly incurred in a disaster or
10 emergency, subject to rules and regulations adopted by the
11 disaster account council. No revenues deposited within the
12 account shall be used to reimburse local jurisdictions for
13 any salary or benefits normally paid to its employees.
14
15 (c) The Wyoming disaster council is established
16 consisting of seven (7) voting members. The coordinator of
17 the Wyoming emergency management agency shall serve as a
18 voting member and the permanent executive secretary to the
19 council. The governor shall appoint remaining members to
20 serve three (3) year terms as follows:
21
22 (i) Three (3) county commissioners;
23
24 (ii) Two (2) mayors or town or city council
25 members; and
Page 4
1
2 (iii) One (1) citizen.
3
4 (d) Council members appointed by virtue of their
5 elected positions shall resign from the council immediately
6 upon vacating their elected positions. Individuals
7 appointed to fill council vacancies shall be appointed for
8 full-length terms and shall not be appointed to serve the
9 remainder of a previous member's term. Members shall serve
10 without compensation but are entitled to reimbursement of
11 mileage and per diem as provided for state employees in W.S.
12 9-3-102 and 9-3-103. The governor may remove any council
13 member appointed as provided in W.S. 9-1-202.
14
15 19-13-403. Disaster account administration;
16 expenditures.
17
18 (a) Any eligible claimant in this state may apply for
19 reimbursement from the disaster account of the costs
20 directly incurred as a result of a bona fide disaster or
21 emergency. All eligible claimants shall apply through the
22 appropriate county commission. All claims approved by the
23 county commission shall be submitted to the Wyoming
24 emergency management agency.
25
Page 5
1 (b) The Wyoming disaster council shall review and act
2 upon all claims no later than June 30 following the year in
3 which expenses were incurred for the claim submitted.
4 Payments authorized by the council shall be paid by the
5 state treasurer by warrant issued by the state auditor upon
6 vouchers signed by the coordinator, Wyoming emergency
7 management agency or his designee.
8
9 (c) With the approval of the Wyoming disaster council,
10 the Wyoming emergency management agency may make
11 expenditures from the account for administration, state
12 agency disaster response, local disaster response and local
13 post-disaster mitigation.
14
15 (d) The Wyoming disaster council shall adopt rules and
16 regulations for the administration of the Wyoming disaster
17 account.
18
19 Section 2. W.S. 19-13-101, 19-13-102,
20 19-13-103(a)(intro), (b) and by creating a new subsection
21 (c), 19-13-104(a), (b), (c)(intro), (i) and (vi) and by
22 creating a new paragraph (vii) and by creating new
23 subsections (d) through (f), 19-13-105(b), (c)(ii) and (v),
24 19-13-108, 19-13-110(b), 19-13-111, 19-13-112, 19-13-113(a)
25 and (c), 19-13-114(a)(intro), 19-13-115, 19-13-116,
Page 6
1 19-13-201, 19-13-202(a)(intro), (iv) and (v), 19-13-203(a)
2 and (c), 19-13-205(b), 19-13-206(a), 19-13-207 through
3 19-13-210, 19-13-301(b) and by creating a new subsection (c)
4 and 19-13-302(a) and by creating new subsections (d) through
5 (f) are amended to read:
6
7 ARTICLE 1
8 GENERAL PROVISIONS
9
10 19-13-101. Citation.
11
12 This act chapter may be cited as the "Wyoming Emergency
13 Management Act".
14
15 19-13-102. Definitions.
16
17 (a) As used in this act chapter:
18
19 (i) "County or county-city program" means a
20 program created in accordance with the provisions of this
21 act chapter by the state or a political subdivision to
22 perform local emergency management functions;
23
24 (ii) "Disaster" means the occurrence or imminent
25 threat of widespread or severe damage, injury or loss of
Page 7
1 life or property resulting from any natural or man-made
2 cause, including but not limited to fire, flood, earthquake,
3 landslide, subsidence, windstorm, wave action, volcanic
4 activity, explosion, radiological event, riot, terrorism or
5 hostile military or paramilitary action;
6
7 (iii) "Disaster account" means the account
8 created under W.S. 19-13-402;
9
10 (iv) "Emergency" means the occurrence or imminent
11 threat of a disaster or condition threatening life or
12 property which requires emergency assistance to supplement
13 local efforts to save lives or protect property or to avert
14 or lessen the threat of a disaster;
15
16 (ii)(v) "Emergency management" means the
17 preparation for and the carrying out of all emergency
18 functions essential to the recovery and restoration of the
19 economy by supply and resupply of resources to meet urgent
20 survival and military needs, other than functions for which
21 military forces are primarily responsible, necessary to deal
22 with disasters. caused by enemy attack, sabotage, terrorism,
23 civil disorder or other hostile action, or by fire, flood,
24 earthquake, other natural causes and other technological,
25 industrial, civil and political events. These functions
Page 8
1 include without limitation the coordination of fire-fighting
2 services, police law enforcement services, medical and
3 health services, rescue, engineering, attack warning
4 services, communications, radiological events health
5 services, evacuation of persons from stricken areas,
6 emergency welfare services (civilian war aid), emergency
7 transportation, existing or properly assigned functions of
8 plant protection, temporary restoration of public utility
9 services, mitigation activities in areas threatened by
10 natural or technological hazards, and other functions
11 related to civilian protection, together with all other
12 activities necessary or incidental to the preparation for
13 any carrying out of the foregoing functions;
14
15 (iii)(vi) "Emergency support task force" means an
16 emergency management organization created in accordance with
17 the provisions of this act chapter by the state or a
18 political subdivision to supplement emergency management
19 programs in a stricken area;
20
21 (vii) "Law enforcement agency" means a lawfully
22 established federal, state or local public agency that is
23 responsible for the prevention and detection of crime and
24 the enforcement of penal, traffic, regulatory, game,
25 immigration, postal, customs or controlled substances laws;
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1
2 (viii) "Mitigation" means the activities taken to
3 eliminate or reduce the degree of risk to life or property
4 from hazards, either prior to or following a disaster;
5
6 (ix) "Person" means any individual, public or
7 private corporation, partnership, joint venture,
8 association, firm, trust, estate, the United States or any
9 department, institution or agency thereof, the state or any
10 department, institution or agency thereof, any municipal
11 corporation, county, city or other political subdivision of
12 the state or any other legal entity whatsoever which is
13 recognized by law as the subject of rights and duties;
14
15 (iv)(x) "Political subdivision" means an
16 incorporated community or a county in Wyoming;.
17
18 (xi) "Preparedness" means the activities,
19 programs and systems developed prior to a disaster that are
20 used to support and enhance mitigation of, response to and
21 recovery from disasters;
22
23 (xii) "Recovery" means the short and long-term
24 activities to restore vital life-support systems and to
Page 10
1 return life to approximately the same state existing prior
2 to the disaster;
3
4 (xiii) "Response" means the activities designed
5 to address the immediate and short-term effects of the
6 disaster;
7
8 (xiv) "Search and rescue" means the employment,
9 coordination and utilization of available resources and
10 personnel in locating, relieving distress and preserving
11 life of and removing from the site of a disaster, emergency
12 or hazard to a place of safety lost, stranded, entrapped or
13 injured persons.
14
15 19-13-103. Legislative determination; coordination
16 with federal government and other states.
17
18 (a) Because of the possibility of the occurrence of
19 emergencies anddisasters of unprecedented size and
20 destructiveness, resulting from enemy attack, sabotage,
21 terrorism, civil disorder or other hostile action, or from
22 fire, flood, earthquake, other natural causes and other
23 technological disasters,and to insure that preparations of
24 Wyoming will be adequate to deal with such emergencies and
25 disasters, and generally to provide for the common defense
Page 11
1 and to protect the public peace, health and safety, and to
2 preserve the lives and property of the people of Wyoming, it
3 is hereby found and declared to be necessary:
4
5 (b) It is further declared to be the purpose of this
6 act chapter and the policy of Wyoming that all emergency
7 management functions of this state be coordinated to the
8 maximum extent with the comparable functions of its
9 political subdivisions, of the federal government including
10 its various departments and agencies, of other states and
11 localities, and of private agencies of every type, to the
12 end that the most effective preparation and use may be made
13 of the manpower, resources and facilities for dealing with
14 any disaster that may occur.
15
16 (c) It is the policy of this state to:
17
18 (i) Plan and prepare for emergencies and
19 disasters;
20
21 (ii) Prevent and reduce damage, injury and loss
22 of life from emergencies and disasters;
23
Page 12
1 (iii) Prepare assistance for prompt and efficient
2 search, rescue, care and treatment of persons injured,
3 victimized or threatened by disaster;
4
5 (iv) Provide a disaster management system
6 embodying all aspects of predisaster preparedness and
7 postdisaster response and recovery;
8
9 (v) Provide for the payment of obligations and
10 expenses incurred by the state of Wyoming during a declared
11 state of disaster or emergency.
12
13 19-13-104. Powers of governor generally.
14
15 (a) The governor has general direction and control of
16 the emergency management agency, and is responsible for the
17 carrying out of the provisions of this act chapter, and in
18 the event of disaster beyond local control, may assume
19 direct operational control over all or any part of the
20 emergency management functions within Wyoming. The governor
21 may delegate such powers to the adjutant general directly,
22 or through the adjutant general to the coordinator of
23 emergency management to carry out this act chapter.
24
Page 13
1 (b) In performing his duties under this act chapter,
2 the governor may cooperate with the federal government, with
3 other states and with private agencies in all matters
4 pertaining to the disaster relief and emergency management
5 of this state and of the nation.
6
7 (c) In performing his duties under this act chapter,
8 the governor may:
9
10 (i) Make, amend and rescind the necessary orders,
11 rules and regulations to carry out this act chapter within
12 the limits of the authority conferred upon him herein, with
13 due consideration of the plans of the federal government.
14 The governor may assign to a state agency any activity
15 concerned with the mitigation of the effects of a disaster
16 or national emergency of a nature related to the existing
17 powers and duties of the agency, including interstate
18 activities, and the agency shall undertake and carry out the
19 activity on behalf of the state;
20
21 (vi) Delegate any administrative authority vested
22 in him under this act chapter, provide for the subdelegation
23 of any such authority and appoint, in cooperation with local
24 authorities, political subdivision emergency management
25 coordinators;.
Page 14
1
2 (vii) Declare a state of disaster or emergency by
3 executive order or proclamation if he finds a disaster has
4 occurred or that the occurrence or threat thereof is
5 imminent. The state of disaster or emergency shall continue
6 until the governor finds that the threat or danger has
7 passed or that the disaster has been dealt with to the
8 extent that the emergency conditions no longer exist. The
9 governor shall terminate the state of disaster or emergency
10 by executive order or proclamation upon such a finding.
11
12 (d) An executive order or proclamation of a state
13 disaster or emergency shall activate the disaster and
14 recovery aspects of the emergency plans and constitute
15 authority for the deployment and use of any forces and for
16 distribution and use of any supplies, equipment, materials
17 and facilities assembled, stockpiled or arranged to be made
18 available pursuant to this chapter.
19
20 (e) In addition to any other powers conferred upon the
21 governor by law, during a declared state of disaster or
22 emergency he may:
23
24 (i) Suspend the provisions of any regulation
25 prescribing the procedure for conduct of public business
Page 15
1 that would in any way prevent, hinder or delay action
2 necessary to cope with the emergency;
3
4 (ii) Direct and order the evacuation of all or
5 part of the population from any stricken or threatened area
6 within the state as he deems necessary for the preservation
7 of life or other disaster mitigation, response or recovery;
8
9 (iii) Prescribe routes, modes of transportation
10 and destinations in connection with evacuation;
11
12 (iv) Control ingress and egress to and from a
13 disaster area, the movement of persons within the area and
14 the occupancy of premises therein;
15
16 (v) Make provision for temporary emergency
17 housing.
18
19 (f) Whenever an emergency or disaster has been
20 declared to exist in Wyoming by the president under the
21 provisions of the Robert T. Stafford Disaster Relief and
22 Emergency Assistance Act, P.L. 100-707, as amended, the
23 governor may enter into agreements with:
24
Page 16
1 (i) The federal government for the sharing of
2 disaster recovery expenses involving public facilities and
3 for sharing disaster assistance expenses including
4 individual and family grant programs;
5
6 (ii) Local governments for sharing of disaster
7 assistance expenses.
8
9 19-13-105. Emergency management program.
10
11 (b) The coordinator, with the approval of the adjutant
12 general, may employ technical, clerical, stenographic and
13 other personnel and make such expenditures within the
14 appropriations or from other funds made available to him for
15 purposes of emergency management and support of councils and
16 commissions established by this chapteras necessary to
17 carry out this act chapter. He shall be provided with
18 necessary and appropriate office space, furniture,
19 equipment, stationery and printing in the same manner as for
20 personnel of other state agencies.
21
22 (c) The coordinator is the administrative head of the
23 Wyoming emergency management agency and:
24
Page 17
1 (ii) Shall assist the local authorities and
2 organizations in the planning and development of local
3 emergency management plans and programs;
4
5 (v) Shall have additional authority, duties and
6 responsibilities authorized by this act chapter as may be
7 prescribed by the adjutant general; and
8
9 19-13-108. Local programs; authorized; local emergency
10 operating plan; coordinators; appointment and removal;
11 declaration and effect of local emergency.
12
13 (a) Each political subdivision of this state shall
14 establish a local emergency management program in accordance
15 with the state emergency management plan and program. Each
16 political subdivision through the emergency management
17 program will cause to be prepared a local emergency
18 operating plan which will include actions essential to the
19 recovery and restoration of the economy by supply and
20 resupply of resources to meet urgent survival and military
21 recoveryneeds and to provide for the ongoing management of
22 resources available to meet continuing survival and recovery
23 needs. Each local emergency management program shall have a
24 coordinator appointed by the governor upon the
25 recommendation of the local jurisdiction. The coordinator
Page 18
1 has direct responsibility for the organization,
2 administration and operation of the local emergency
3 management program subject to the direction and control of
4 the local jurisdiction under the general direction of the
5 governor. The governor may remove any coordinator as
6 provided in W.S. 9-1-202.
7
8 (b) A local disaster or emergency may be declared only
9 by a mayor or chairman of the county commissioners within
10 their respective political subdivisions. It shall not be
11 continued or renewed for a period in excess of seven (7)
12 days except by or with the consent of the governing board of
13 the political subdivision.
14
15 (c) The effect of a declaration of a local disaster or
16 emergency is to activate the response and recovery aspects
17 of all applicable local or intergovernmental disaster or
18 emergency plans and to authorize the furnishing of aid and
19 assistance thereunder.
20
21 19-13-110. Funds, supplies and equipment; generally.
22
23 (b) Whenever the federal government or any agency or
24 officer thereof or any person, firm or corporation shall
25 offer to the state or to any political subdivision thereof
Page 19
1 services, equipment, supplies, materials or funds by way of
2 gift, grant or loan for purposes of disaster relief or
3 emergency management, the state acting through the governor,
4 or the political subdivision acting with the consent of the
5 governor and through its executive officer or governing
6 body, may accept the offer. Upon acceptance the governor of
7 the state or executive officer or governing body of the
8 political subdivision may authorize any officer of the state
9 or of the political subdivision to receive the services,
10 equipment, supplies, materials or funds on behalf of the
11 state or the political subdivisions. This authority will
12 include participation in the federal surplus property
13 program. All funds received from the federal government or
14 any agency thereof shall be deposited in an appropriate
15 separate account together with funds appropriated by a
16 political subdivision, and expenditures from the account
17 shall be made only upon authority of the local governing
18 body and only for the purposes specified in this act
19 article.
20
21 19-13-111. Funds, supplies and equipment; authority to
22 make use of existing facilities.
23
24 In carrying out the provisions of this act chapter the
25 governor, the adjutant general and the executive officers or
Page 20
1 governing bodies of the political subdivisions of the state
2 are directed to utilize the services, equipment, supplies
3 and facilities of existing departments, offices and agencies
4 of the state and of the political subdivisions thereof to
5 the maximum extent practicable, and the officers and
6 personnel of all departments, offices and agencies are
7 directed to cooperate with and extend such services and
8 facilities to the governor, to the coordinator and to the
9 emergency management programs throughout the state upon
10 request.
11
12 19-13-112. Programs barred from political activity.
13
14 No emergency management program established under the
15 authority of this act article shall participate in any form
16 of political activity or be employed directly or indirectly
17 for political purposes.
18
19 19-13-113. State and political subdivisions exempt
20 from liability; exceptions; license to practice not
21 required; emergency management worker defined; recognized
22 educational programs; real estate owners exempt from
23 liability.
24
Page 21
1 (a) All activities relating to emergency management
2 are governmental functions. The state, any political
3 subdivision, state agencies, and, except in cases of willful
4 misconduct, gross negligence or bad faith, any emergency
5 management worker complying with or reasonably attempting to
6 comply with W.S. 19-13-101 through 19-13-116 this article,
7 any order, rule or regulation promulgated thereunder, or
8 pursuant to any ordinance relating to blackout or other
9 precautionary measures enacted by any political subdivision
10 of the state, or in training for such activity, is not
11 liable for the death of or injury to persons or for damage
12 to property as a result of the activity or training. This
13 section shall not affect the right of any person to receive
14 benefits to which he would otherwise be entitled under W.S.
15 19-13-101 through 19-13-116 this article, under the Wyoming
16 Worker's Compensation Act, or under any pension law, nor
17 affect the right of any person to receive benefits or
18 compensation under any act of congress.
19
20 (c) As used in this section "emergency management
21 worker" includes any full or part-time paid, volunteer or
22 auxiliary employee of any state, territories or possessions
23 of the United States, the District of Columbia, any
24 neighboring country, any political subdivision thereof, or
25 any agency or program performing emergency management
Page 22
1 services at any place in this state subject to the order or
2 control of or pursuant to a request of the state government
3 or any political subdivision thereof and includes
4 instructors and students in recognized educational programs
5 where emergency management services are taught. A recognized
6 educational program includes programs in educational
7 institutions duly existing under the laws of this state and
8 such other educational programs as are established by the
9 emergency management agency or otherwise under this act
10 chapter.
11
12 19-13-114. Persons advocating change by force or
13 violence in form of government prohibited from employment or
14 association; oath.
15
16 (a) No person shall be employed or associated in any
17 capacity in any emergency management program established
18 under this act chapter:
19
20 19-13-115. Admission of professional personnel of
21 other states in emergency.
22
23 In the event disaster or emergencyconditions in Wyoming
24 require visitation to this state by emergency management
25 personnel from other states, including physicians, dentists,
Page 23
1 veterinarians, nurses or other professional personnel,
2 reciprocity by way of allowing those professional persons to
3 practice their professional talents without the normal
4 admissions to practice in this state during the period of
5 the emergency, is allowed.
6
7 19-13-116. Enforcement of orders, rules and
8 regulations.
9
10 Every emergency management program established pursuant to
11 this act chapter and the officers thereof shall execute and
12 enforce orders, rules and regulations made by the governor
13 under authority of this act chapter. Each organization shall
14 have available for inspection at its office all orders,
15 rules and regulations made by the governor or under his
16 authorityof this chapter.
17
18 ARTICLE 2
19 INTERSTATE EMERGENCY SERVICES MUTUAL AID ARTICLE
20
21 19-13-201. Short title.
22
23 This act article shall be known and may be cited as the
24 "interstate emergency services mutual aid Act article ".
25
Page 24
1 19-13-202. Definitions.
2
3 (a) As used in this act article, unless the context
4 requires otherwise, the following definitions apply:
5
6 (iv) "Mutual aid agreement" or "agreement" means
7 an agreement, consistent with the purposes of this act
8 article, by one (1) or more fire protection services,
9 emergency medical care providers, emergency management
10 programs, law enforcement agenciesor local government
11 subdivisions of this state with one (1) or more fire
12 protection services, emergency medical care providers,
13 emergency management programs, law enforcement agencies or
14 local government subdivisions of any other state or the
15 United States;
16
17 (v) "Party emergency service" means a fire
18 protection service, emergency medical care provider,
19 emergency management program, law enforcement agency,local
20 government subdivision or agency of the United States that
21 is a party to a mutual aid agreement as set forth in this
22 act; article.
23
24 19-13-203. Authorization to enter agreement; general
25 content; authority.
Page 25
1
2 (a) Any one (1) or more fire protection services,
3 emergency medical care providers, emergency management
4 programs, law enforcement agencies or local government
5 subdivision of this state may enter into a mutual aid
6 agreement with any one (1) or more fire protection services,
7 emergency medical care providers, emergency management
8 programs, law enforcement agencies or local government
9 subdivisions of any other state or the United States to
10 provide emergency services to the area covered by the
11 agreement. The agreement shall be authorized and approved
12 by the governing body of each party to the agreement that is
13 not an agency of the state or theUnited States government.
14
15 (c) A mutual aid agreement shall grant a fire
16 protection service, emergency management program or
17 emergency medical care provider of this state authority to
18 operate outside of the state and shall grant authority for a
19 fire protection service, emergency management program, law
20 enforcement agencyor emergency medical care provider of
21 another state or the United States to operate within this
22 state as if the fire service, emergency management program,
23 law enforcement agencyor emergency medical care provider
24 were organized and operated under the laws of this state.
25
Page 26
1 19-13-205. Submission of agreement to attorney
2 general.
3
4 (b) The attorney general shall approve an agreement
5 submitted to him under this act article unless he finds that
6 it is not in proper form, does not meet the requirements set
7 forth in this act article, or otherwise does not conform to
8 the constitution orlaws of this state. If he disapproves
9 an agreement, he shall provide a detailed written statement
10 to the appropriate governing bodies of the fire protection
11 services, emergency medical care providers, emergency
12 management programs, law enforcement agencies and local
13 government subdivisions.
14
15 19-13-206. Filing of agreement.
16
17 (a) Within twenty (20) days after approval by the
18 attorney general, an agreement made pursuant to this act
19 articleshall be filed in the office of:
20
21 (i) Each clerk and recorder of each county of
22 this state where the principal office of one (1) of the
23 parties to the agreement is located; and
24
25 (ii) The secretary of state. and;
Page 27
1
2 (iii) The Wyoming emergency management agency.
3
4 19-13-207. Agreement not to relieve agency of duties.
5
6 No agreement made under this act article may relieve any
7 fire protection service, emergency medical care provider,
8 emergency management program, law enforcement agency or
9 local government subdivision of this state of a duty imposed
10 upon it by law. Timely performance of a duty created by a
11 mutual aid agreement may be offered in satisfaction of the
12 duty.
13
14 19-13-208. Limitation of powers.
15
16 Except for the right granted by this act article to jointly
17 exercise powers, this act article does not authorize any
18 fire protection service, emergency medical care provider,
19 emergency management program, law enforcement agency or
20 local government subdivision of this state to exercise a
21 power that it is not otherwise authorized to exercise.
22
23 19-13-209. Right of state in actions involving
24 agreements.
25
Page 28
1 In any case or controversy involving performance or
2 interpretation of or liability under a mutual aid agreement
3 entered into between one (1) or more fire protection
4 services, emergency medical care providers, emergency
5 management programs, law enforcement agencies or local
6 government subdivisions of this state and one (1) or more
7 fire protection services, emergency medical care providers,
8 emergency management programs, law enforcement agencies or
9 local government subdivisions of another state or of the
10 United States, the parties to the agreement are the real
11 parties in interest. This state may maintain an action
12 against any fire protection service, emergency medical care
13 provider, emergency management program, law enforcement
14 agencyor local government subdivision whose default,
15 failure, performance or other conduct caused or contributed
16 to a loss or liability incurred by the state.
17
18 19-13-210. Authorization to appropriate funds for
19 purpose of agreement.
20
21 A fire protection service, emergency medical care provider,
22 emergency management program, law enforcement agency or
23 local government subdivision of this state may appropriate
24 funds for and may sell, lease or otherwise supply material
25 to any entity created for the purpose of performance of an
Page 29
1 agreement, including the creation and maintenance of multi-
2 jurisdictional and multi-disciplinary response teams formed
3 by agreements under this article,and may provide such
4 personnel or services therefor as are within its authority
5 to furnish.
6
7 19-13-301. Search and rescue account and council
8 created; appointments; expenditures.
9
10 (b) Revenues deposited within the search and rescue
11 account shall be expended by the Wyoming emergency
12 management agency to reimburse counties for costs directly
13 incurred in a specific search and rescue operation, subject
14 to W.S. 19-13-302 and rules and regulations adopted by the
15 Wyoming emergency management agency search and rescue
16 council. These reimbursements shall be the primary purpose
17 of the account.No revenues deposited within the account
18 shall be used to reimburse counties for any salary or
19 benefits normally paid to its employees.
20
21 (c) The Wyoming search and rescue council is
22 established consisting of seven (7) members. The governor
23 shall appoint three (3) county sheriffs, one (1) peace
24 officer and two (2) citizens to serve four (4) year terms on
25 the council. The coordinator of the Wyoming emergency
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1 management agency shall serve as a voting member and
2 permanent executive secretary to the council. Council
3 members appointed by virtue of their elected positions shall
4 resign from the council immediately upon vacating their
5 elected positions. Individuals appointed to fill council
6 vacancies shall be appointed for full-length terms and shall
7 not be appointed to serve the remainder of a previous
8 member's term. Members shall serve without compensation but
9 are entitled to reimbursement of mileage and per diem as
10 provided for state employees in W.S. 9-3-102 and 9-3-103.
11
12 19-13-302. Search and rescue account administration.
13
14 (a) Upon written request through a board of county
15 commissioners, any sheriff's office in this state may make a
16 claim on the search and rescue account for reimbursement of
17 costs directly incurred in the performance of search and
18 rescue activities. All claims made shall be submitted to
19 the Wyoming emergency management agency. The Wyoming
20 emergency management agency shall adopt rules and
21 regulations for the procedure through which claims shall be
22 approved or denied.
23
24 (d) The Wyoming search and rescue council shall review
25 and act upon all claims no later than June 30 following the
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1 year in which expenses were incurred for the claim
2 submitted. Payments authorized by the search and rescue
3 council shall be paid by the state treasurer by warrant
4 issued by the state auditor upon vouchers signed by the
5 coordinator, Wyoming emergency management agency or his
6 designee.
7
8 (e) The Wyoming emergency management agency may expend
9 revenues deposited within the search and rescue account for
10 other expenses related to and benefiting the search and
11 rescue program, including program administration, training
12 search and rescue personnel in this state, purchasing and
13 maintaining specialized equipment for statewide use. Such
14 expenditures shall not detract from the primary purpose of
15 this account pursuant to W.S. 19-13-301(b).
16
17 (f) The Wyoming search and rescue council shall adopt
18 rules and regulations for the administration of the Wyoming
19 search and rescue program.
20
21 Section 3. W.S. 19-13-106, 19-13-202(a)(vi) and
22 19-13-302(b) are repealed.
23
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1 Section 4. This act is effective July 1, 1999.
2
3 (END)
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