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