2001 Legislation
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HOUSE BILL NO. 49 – Emergency Mngmt Assistance Compact


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Daily Data Tracking History

H0049........................................................by MR. SPEAKER
                    Requested by: Division of Military
that the governor may enter into a compact on behalf of the state for
emergency management assistance; and to provide for the Emergency
Management Assistance Compact.
01/08    House intro - 1st rdg - to printing
    Rpt prt - to Transp
02/07    Rpt out - rec d/p - to 2nd rdg
02/12    2nd rdg - to 3rd rdg
02/13    3rd rdg - PASSED - 67-0-3
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
      Bradford, Bruneel, Campbell, Chase, Clark, Collins, Crow, Cuddy,
      Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
      Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck,
      Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher,
      Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moyle, Pearce,
      Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali,
      Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Swan,
      Tilman, Trail, Wheeler, Wood, Young
      NAYS -- None
      Absent and excused -- Callister, Moss, Mr. Speaker
    Floor Sponsor -- Bedke
    Title apvd - to Senate
02/14    Senate intro - 1st rdg - to St Aff
03/15    Rpt out - rec d/p - to 2nd rdg
03/16    2nd rdg - to 3rd rdg
03/20    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw,
      Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure,
      Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee,
      Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen,
      Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams,
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor -- Danielson
    Title apvd - to House
03/21    To enrol
03/22    Rpt enrol - Sp signed - Pres signed - to Gov
03/23    Governor signed
         Session Law Chapter 140
         Effective: 07/01/01

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 49
                                       BY MR. SPEAKER
                             Requested by: Division of Military
  1                                        AN ACT
  7    Be It Enacted by the Legislature of the State of Idaho:
  8        SECTION  1.  That  Chapter  10,  Title 46, Idaho Code, be, and the same is
  9    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 10    ignated as Section 46-1018A, Idaho Code, and to read as follows:
 11        46-1018A.  EMERGENCY MANAGEMENT ASSISTANCE COMPACT. The legislature of the
 12    state  of  Idaho hereby authorizes the governor of the state of Idaho to enter
 13    into a compact on behalf of the state of Idaho with any  other  state  legally
 14    joining therein, in the form substantially as follows:
 16                                      ARTICLE I
 17                               PURPOSES AND AUTHORITIES
 18        (1)  This  compact is made and entered into by and between the participat-
 19    ing member states which enact this compact, hereinafter called  party  states.
 20    For  the  purposes  of  this agreement, the term "states" is taken to mean the
 21    several states, the Commonwealth of Puerto Rico, the District of Columbia, and
 22    all United States territorial possessions.
 23        (2)  The purpose of this compact  is  to  provide  for  mutual  assistance
 24    between  the  states  entering  into this compact in managing any emergency or
 25    disaster that is duly declared by  the  governor  of  the  affected  state(s),
 26    whether  arising  from natural disaster, technological hazard, man-made disas-
 27    ter, civil emergency aspects  of  resources  shortages,  community  disorders,
 28    insurgency, or enemy attack.
 29        (3)  This  compact shall also provide for mutual cooperation in emergency-
 30    related exercises, testing, or other training activities using  equipment  and
 31    personnel  simulating performance of any aspect of the giving and receiving of
 32    aid by party states or subdivisions of party states during  emergencies,  such
 33    actions occurring outside actual declared emergency periods. Mutual assistance
 34    in  this  compact  may  include  the use of the states' national guard forces,
 35    either in accordance with the national guard mutual assistance compact  or  by
 36    mutual agreement between states.
 37                                      ARTICLE II
 38                                GENERAL IMPLEMENTATION
 39        (1)  Each  party state entering into this compact recognizes many emergen-
 40    cies transcend political jurisdictional boundaries and that  intergovernmental
  1    coordination  is  essential in managing these and other emergencies under this
  2    compact. Each state further recognizes that there will  be  emergencies  which
  3    require  immediate access and present procedures to apply outside resources to
  4    make a prompt and effective response to such an  emergency.  This  is  because
  5    few,  if  any,  individual  states have all the resources they may need in all
  6    types of emergencies or the capability of delivering resources to areas  where
  7    emergencies exist.
  8        (2)  The  prompt, full, and effective utilization of resources of the par-
  9    ticipating  states, including any resources on hand or available from the fed-
 10    eral government or any other source, that are essential to the  safety,  care,
 11    and  welfare  of the people in the event of any emergency or disaster declared
 12    by a party state, shall be the underlying principle on which all  articles  of
 13    this compact shall be understood.
 14        (3)  On behalf of the governor of each state participating in the compact,
 15    the legally designated state official who is assigned responsibility for emer-
 16    gency management will be responsible for formulation of the appropriate inter-
 17    state mutual aid plans and procedures necessary to implement this compact.
 18                                     ARTICLE III
 19                             PARTY STATE RESPONSIBILITIES
 20        (1)  It  shall be the responsibility of each party state to formulate pro-
 21    cedural plans and programs for interstate cooperation in  the  performance  of
 22    the responsibilities listed in this article. In formulating such plans, and in
 23    carrying them out, the party states, insofar as practical, shall:
 24        (a)  Review  individual  state hazards analysis and, to the extent reason-
 25        ably possible, determine all those potential emergencies the party  states
 26        might  jointly suffer, whether due to natural disaster, technological haz-
 27        ard, man-made disaster, emergency aspects  of  resource  shortages,  civil
 28        disorders, insurgency or enemy attack.
 29        (b)  Review  party  states'  individual emergency plans and develop a plan
 30        which will determine the mechanism for the interstate management and  pro-
 31        vision of assistance concerning any potential emergency.
 32        (c)  Develop  interstate  procedures  to  fill  any identified gaps and to
 33        resolve any identified inconsistencies or overlaps in existing  or  devel-
 34        oped plans.
 35        (d)  Assist  in  warning  communities  adjacent  to  or crossing the state
 36        boundaries.
 37        (e)  Protect and assure uninterrupted  delivery  of  services,  medicines,
 38        water,  food,  energy  and  fuel, search and rescue, and critical lifeline
 39        equipment, services, and resources, both human and material.
 40        (f)  Inventory and set procedures for the interstate loan and delivery  of
 41        human  and  material resources, together with procedures for reimbursement
 42        or forgiveness.
 43        (g)  Provide, to the extent authorized by law, for temporary suspension of
 44        any statutes or ordinances that restrict the implementation of  the  above
 45        responsibilities.
 46        (2)  The authorized representative of a party state may request assistance
 47    of  another  party  state  by contacting the authorized representative of that
 48    state. The provisions of this compact shall only apply to requests for  assis-
 49    tance  made by and to authorized representatives. Requests may be verbal or in
 50    writing. If verbal, the request shall be confirmed in  writing  within  thirty
 51    (30) days of the verbal request. Requests shall provide the following informa-
 52    tion:
 53        (a)  A  description of the emergency service function for which assistance
 54        is needed, including, but not limited to, fire services, law  enforcement,
  1        emergency  medical, transportation, communications, public works and engi-
  2        neering, building inspection, planning and  information  assistance,  mass
  3        care,  resource  support, health and medical services, and search and res-
  4        cue.
  5        (b)  The amount and type of personnel, equipment, materials  and  supplies
  6        needed,  and  a  reasonable  estimate  of  the length of time they will be
  7        needed.
  8        (c)  The specific place and time for  staging  of  the  assisting  party's
  9        response and a point of contact at that location.
 10        (3)  There shall be frequent consultation between state officials who have
 11    assigned emergency management responsibilities and other appropriate represen-
 12    tatives  of the party states with affected jurisdictions and the United States
 13    government, with free exchange of information,  plans,  and  resource  records
 14    relating to emergency capabilities.
 15                                      ARTICLE IV
 16                                     LIMITATIONS
 17        Any  party  state  requested to render mutual aid or conduct exercises and
 18    training for mutual aid shall take such action as is necessary to provide  and
 19    make  available  the  resources covered by this compact in accordance with the
 20    terms hereof; provided that it is understood that the state rendering aid  may
 21    withhold  resources  to  the extent necessary to provide reasonable protection
 22    for such state. Each party state shall afford to the emergency forces  of  any
 23    party  state, while operating within its state limits under the terms and con-
 24    ditions of this compact, the same powers (except that of arrest unless specif-
 25    ically authorized by the receiving state), duties, rights, and  privileges  as
 26    are  afforded forces of the states in which they are performing emergency ser-
 27    vices. Emergency forces will continue under the command and control  of  their
 28    regular  leaders, but the organizational units will come under the operational
 29    control of the emergency service authorities of  the  state  receiving  assis-
 30    tance. These conditions may be activated, as needed, only subsequent to a dec-
 31    laration  of  a  state  of  emergency or disaster by the governor of the party
 32    state that is to receive assistance  or  upon  commencement  of  exercises  or
 33    training of mutual aid and shall continue so long as the exercises or training
 34    for  mutual aid are in progress, the state of emergency or disaster remains in
 35    effect, or loaned resources  remain  in  the  receiving  state,  whichever  is
 36    longer.
 37                                      ARTICLE V
 38                                 LICENSES AND PERMITS
 39        Whenever  any  person holds a license, certificate, or other permit issued
 40    by any state party to the compact evidencing the meeting of qualifications for
 41    professional, mechanical,  or  other  skills,  and  when  such  assistance  is
 42    requested  by the receiving party state, such person shall be deemed licensed,
 43    certified, or permitted by the  state  requesting  assistance  to  render  aid
 44    involving such skill to meet a declared emergency or disaster, subject to such
 45    limitations  and  conditions  as the governor of the requesting state may pre-
 46    scribe by executive order or otherwise.
 47                                      ARTICLE VI
 48                                      LIABILITY
 49        Officers or employees of a party state rendering aid in another state pur-
 50    suant to this compact shall be considered agents of the requesting  state  for
 51    tort  liability  and  immunity  purposes.  No  party  state or its officers or
 52    employees rendering aid in another state pursuant to  this  compact  shall  be
  1    liable  on  account  of  any act or omission in good faith on the part of such
  2    forces while so engaged or on account of the maintenance or use of any  equip-
  3    ment or supplies in connection therewith. Good faith in this article shall not
  4    include willful misconduct, gross negligence or recklessness.
  5                                     ARTICLE VII
  6                               SUPPLEMENTARY AGREEMENTS
  7        Inasmuch  as  it  is probable that the pattern and detail of the machinery
  8    for mutual aid among two (2) or more states may differ  from  that  among  the
  9    states  that  are party hereto, this compact contains elements of a broad base
 10    common to all states, and nothing herein contained shall  preclude  any  state
 11    from  entering  into supplementary agreements with another state or affect any
 12    other agreements already in force between states. Supplementary agreements may
 13    comprehend, but shall not be limited to, provisions for evacuation and  recep-
 14    tion  of  injured and other persons and the exchange of medical, fire, police,
 15    public utility, reconnaissance,  welfare,  transportation  and  communications
 16    personnel, and equipment and supplies.
 17                                     ARTICLE VIII
 18                                     COMPENSATION
 19        Each  party  state shall provide for the payment of compensation and death
 20    benefits to injured members of the emergency forces of that state  and  repre-
 21    sentatives  of  deceased  members  of such forces in case such members sustain
 22    injuries or are killed while rendering aid pursuant to this  compact,  in  the
 23    same  manner  and  on  the same terms as if the injury or death were sustained
 24    within their own state.
 25                                      ARTICLE IX
 26                                    REIMBURSEMENT
 27        Any party state rendering aid in another state pursuant  to  this  compact
 28    shall be reimbursed by the party state receiving such aid for any loss or dam-
 29    age  to  or  expense incurred in the operation of any equipment and the provi-
 30    sions of any service in answering a request for aid and for the costs incurred
 31    in connection with such requests; provided, that any aiding  party  state  may
 32    assume  in  whole or in part such loss, damage, expense, or other cost, or may
 33    loan such equipment or donate such services to the receiving party state with-
 34    out charge or cost; and provided further, that  any  two  (2)  or  more  party
 35    states  may enter into supplementary agreements establishing a different allo-
 36    cation of costs among those states. Article VIII expenses shall not  be  reim-
 37    bursable under this provision.
 38                                      ARTICLE X
 39                                      EVACUATION
 40        Plans  for  the orderly evacuation and interstate reception of portions of
 41    the civilian population as the result of any emergency or disaster  of  suffi-
 42    cient  proportions  to  so warrant, shall be worked out and maintained between
 43    the party states and the emergency management/services directors of the  vari-
 44    ous  jurisdictions  where  any  type  of  incident requiring evacuations might
 45    occur. Such plans shall be put into effect by request of the state from  which
 46    evacuees  come and shall include the manner of transporting such evacuees, the
 47    number of evacuees to be received in different  areas,  the  manner  in  which
 48    food,  clothing,  housing, and medical care will be provided, the registration
 49    of the evacuees, the providing of facilities for the notification of relatives
 50    or friends, and the forwarding of such evacuees to other areas or the bringing
 51    in of additional materials, supplies, and all  other  relevant  factors.  Such
  1    plans  shall  provide  that  the  party state receiving evacuees and the party
  2    state from which the evacuees come shall mutually agree as to reimbursement of
  3    out-of-pocket expenses incurred in receiving and caring for such evacuees, for
  4    expenditures for transportation, food, clothing, medicines and  medical  care,
  5    and  like  items. Such expenditures shall be reimbursed as agreed by the party
  6    state from which the evacuees come. After the termination of the emergency  or
  7    disaster,  the  party  state  from  which  the  evacuees come shall assume the
  8    responsibility for the ultimate support of repatriation of such evacuees.
  9                                      ARTICLE XI
 10                                    IMPLEMENTATION
 11        (1)  This compact shall become operative immediately  upon  its  enactment
 12    into law by any two (2) states; thereafter this compact shall become effective
 13    as to any other state upon its enactment by such state.
 14        (2)  Any  party state may withdraw from this compact by enacting a statute
 15    repealing the same, but no such withdrawal shall take effect until thirty (30)
 16    days after the governor of the withdrawing state has given notice  in  writing
 17    of  such  withdrawal  to  the governors of all other party states. Such action
 18    shall not relieve the withdrawing state  from  obligations  assumed  hereunder
 19    prior to the effective date of withdrawal.
 20        (3)  Duly  authenticated  copies of this compact and of such supplementary
 21    agreements as may be entered into shall, at the time  of  their  approval,  be
 22    deposited with each of the party states and with the federal emergency manage-
 23    ment agency and other appropriate agencies of the United States government.
 24                                     ARTICLE XII
 25                                       VALIDITY
 26        This compact shall be construed to effectuate the purposes stated in Arti-
 27    cle  I  hereof. If any provision of this compact is declared unconstitutional,
 28    or the applicability thereof to any person or circumstances is  held  invalid,
 29    the  constitutionality  of  the remainder of the compact and the applicability
 30    thereof to other persons and circumstances shall not be affected thereby.
 31                                     ARTICLE XIII
 32                                ADDITIONAL PROVISIONS
 33        Nothing in this compact shall authorize or  permit  the  use  of  military
 34    force  by the national guard of a state at any place outside that state in any
 35    emergency for which the President is authorized by law to  call  into  federal
 36    service  the  militia, or for any purpose for which the use of the army or the
 37    air force would in the absence of express statutory authorization  be  prohib-
 38    ited under section 1385 of title 18, United States Code.

Statement of Purpose / Fiscal Impact

REPRINT        REPRINT        REPRINT        REPRINT                            
                STATEMENT OF PURPOSE
                   RS 10534
 This proposal is an Act to ratify the Emergency Management
Assistance Compact (EMAC, "E-MAC"), an interstate mutual assistance
agreement authorized by federal legislation.

[NOTE: In order for the state of Idaho to legally request and
provide assistance through EMAC, it is important that the compact's
model language in Section II not be changed.]

                      FISCAL IMPACT

There is a $1,000.00 per year administrative payment from EMAC
member states.

Name: John Norris, Idaho Military Division 
Phone: 422-5471