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H0049........................................................by MR. SPEAKER
Requested by: Division of Military
EMERGENCY MANAGEMENT ASSISTANCE COMPACT - Adds to existing law to provide
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
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 49 BY MR. SPEAKER Requested by: Division of Military 1 AN ACT 2 RELATING TO MILITIA AND MILITARY AFFAIRS; AMENDING CHAPTER 10, TITLE 46, IDAHO 3 CODE, BY THE ADDITION OF A NEW SECTION 46-1018A, IDAHO CODE, TO PROVIDE 4 THAT THE GOVERNOR MAY ENTER INTO A COMPACT ON BEHALF OF THE STATE FOR 5 EMERGENCY MANAGEMENT ASSISTANCE AND TO PROVIDE FOR THE EMERGENCY MANAGE- 6 MENT ASSISTANCE COMPACT. 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: 15 EMERGENCY MANAGEMENT ASSISTANCE COMPACT 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 2 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, 3 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 4 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 5 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.
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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.
Contact
Name: John Norris, Idaho Military Division
Phone: 422-5471
STATEMENT OF PURPOSE/FISCAL NOTE H 49