Text: SF00357 Text: SF00359 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 358 1 2 1 3 AN ACT 1 4 RELATING TO THE ADOPTION OF THE INTERSTATE EMERGENCY 1 5 MANAGEMENT ASSISTANCE COMPACT. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 29C.21, Code 1997, is amended by 1 10 striking the section and inserting in lieu thereof the 1 11 following: 1 12 29C.21 EMERGENCY MANAGEMENT ASSISTANCE COMPACT. 1 13 The interstate emergency management assistance compact is 1 14 entered into with all other states which enter into the 1 15 compact in substantially the following form: 1 16 ARTICLE I PURPOSE AND AUTHORITIES 1 17 This compact is made and entered into by and between the 1 18 participating member states which enact this compact, 1 19 hereinafter called party states. For the purposes of this 1 20 agreement, the term "states" is taken to mean the several 1 21 states, the Commonwealth of Puerto Rico, the District of 1 22 Columbia, and all United States territorial possessions. 1 23 The purpose of this compact is to provide for mutual 1 24 assistance between the states entering into this compact in 1 25 managing any emergency or disaster that is duly declared by 1 26 the governor of the affected state, whether arising from 1 27 natural disaster, technological hazard, man-made disaster, 1 28 civil emergency aspects of resource shortages, community 1 29 disorders, insurgency, or enemy attack. 1 30 This compact shall also provide for mutual cooperation in 1 31 emergency-related exercises, testing, or other training 1 32 activities using equipment and personnel simulating 1 33 performance of any aspect of the giving and receiving of aid 1 34 by party states or subdivisions of party states during 1 35 emergencies, such actions occurring outside actual declared 2 1 emergency periods. Mutual assistance in this compact may 2 2 include the use of the states' national guard forces, either 2 3 in accordance with the national guard mutual assistance 2 4 compact or by mutual agreement between states. 2 5 ARTICLE II GENERAL IMPLEMENTATION 2 6 Each party state entering into this compact recognizes many 2 7 emergencies transcend political jurisdictional boundaries and 2 8 that intergovernmental coordination is essential in managing 2 9 these and other emergencies under this compact. Each state 2 10 further recognizes that there will be emergencies which 2 11 require immediate access and present procedures to apply 2 12 outside resources to make a prompt and effective response to 2 13 such an emergency. This is because few, if any, individual 2 14 states have all the resources they may need in all types of 2 15 emergencies or the capability of delivering resources to areas 2 16 where emergencies exist. 2 17 The prompt, full, and effective utilization of resources of 2 18 the participating states, including any resources on hand or 2 19 available from the federal government or any other source, 2 20 that are essential to the safety, care, and welfare of the 2 21 people in the event of any emergency or disaster declared by a 2 22 party state, shall be the underlying principle on which all 2 23 articles of this compact shall be understood. 2 24 On behalf of the governor of each state participating in 2 25 the compact, the legally designated state official who is 2 26 assigned responsibility for emergency management will be 2 27 responsible for formulation of the appropriate interstate 2 28 mutual aid plans and procedures necessary to implement this 2 29 compact. 2 30 ARTICLE III PARTY STATE RESPONSIBILITIES 2 31 1. It shall be the responsibility of each party state to 2 32 formulate procedural plans and programs for interstate 2 33 cooperation in the performance of the responsibilities listed 2 34 in this article. In formulating such plans, and in carrying 2 35 them out, the party states, insofar as practical, shall: 3 1 a. Review individual state hazards analyses and, to the 3 2 extent reasonably possible, determine all those potential 3 3 emergencies the party states might jointly suffer, whether due 3 4 to natural disaster, technological hazard, man-made disaster, 3 5 emergency aspects of resource shortages, civil disorders, 3 6 insurgency, or enemy attack. 3 7 b. Review party states' individual emergency plans and 3 8 develop a plan which will determine the mechanism for the 3 9 interstate management and provision of assistance concerning 3 10 any potential emergency. 3 11 c. Develop interstate procedures to fill any identified 3 12 gaps and to resolve any identified inconsistencies or overlaps 3 13 in existing or developed plans. 3 14 d. Assist in warning communities adjacent to or crossing 3 15 the state boundaries. 3 16 e. Protect and assure uninterrupted delivery of services, 3 17 medicines, water, food, energy and fuel, search and rescue, 3 18 and critical lifeline equipment, services, and resources, both 3 19 human and material. 3 20 f. Inventory and set procedures for the interstate loan 3 21 and delivery of human and material resources, together with 3 22 procedures for reimbursement or forgiveness. 3 23 g. Provide, to the extent authorized by law, for temporary 3 24 suspension of any statutes or ordinances that restrict the 3 25 implementation of the above responsibilities. 3 26 2. The authorized representative of a party state may 3 27 request assistance of another party state by contacting the 3 28 authorized representative of that state. The provisions of 3 29 this agreement shall only apply to requests for assistance 3 30 made by and to authorized representatives. Requests may be 3 31 verbal or in writing. If verbal, the request shall be 3 32 confirmed in writing within thirty days of the verbal request. 3 33 Requests shall provide all of the following: 3 34 a. A description of the emergency service function for 3 35 which assistance is needed, such as but not limited to fire 4 1 services, law enforcement, emergency medical, transportation, 4 2 communications, public works and engineering, building 4 3 inspection, planning and information assistance, mass care, 4 4 resource support, health and medical services, and search and 4 5 rescue. 4 6 b. The amount and type of personnel, equipment, materials 4 7 and supplies needed, and a reasonable estimate of the length 4 8 of time they will be needed. 4 9 c. The specific place and time for staging of the 4 10 assisting party's response and a point of contact at that 4 11 location. 4 12 3. There shall be frequent consultation between state 4 13 officials who have assigned emergency management 4 14 responsibilities and other appropriate representatives of the 4 15 party states with affected jurisdictions and the United States 4 16 government, with free exchange of information, plans, and 4 17 resource records relating to emergency capabilities. 4 18 ARTICLE IV LIMITATIONS 4 19 Any party state requested to render mutual aid or conduct 4 20 exercises and training for mutual aid shall take such action 4 21 as is necessary to provide and make available the resources 4 22 covered by this compact in accordance with the terms hereof, 4 23 provided that it is understood that the state rendering aid 4 24 may withhold resources to the extent necessary to provide 4 25 reasonable protection for such state. Each party state shall 4 26 afford to the emergency forces of any party state, while 4 27 operating within its state limits under the terms and 4 28 conditions of this compact, the same powers, except that of 4 29 arrest unless specifically authorized by the receiving state, 4 30 duties, rights, and privileges as are afforded forces of the 4 31 state in which they are performing emergency services. 4 32 Emergency forces will continue under the command and control 4 33 of their regular leaders, but the organizational units will 4 34 come under the operational control of the emergency services 4 35 authorities of the state receiving assistance. These 5 1 conditions may be activated, as needed, only subsequent to a 5 2 declaration of a state of emergency or disaster by the 5 3 governor of the party state that is to receive assistance or 5 4 commencement of exercises or training for mutual aid and shall 5 5 continue so long as the exercises or training for mutual aid 5 6 are in progress, the state of emergency or disaster remains in 5 7 effect, or loaned resources remain in the receiving state, 5 8 whichever is longer. 5 9 ARTICLE V LICENSES AND PERMITS 5 10 Whenever any person holds a license, certificate, or other 5 11 permit issued by any state party to the compact evidencing the 5 12 meeting of qualifications for professional, mechanical, or 5 13 other skills, and when such assistance is requested by the 5 14 receiving party state, such person shall be deemed licensed, 5 15 certified, or permitted by the state requesting assistance to 5 16 render aid involving such skill to meet a declared emergency 5 17 or disaster, subject to such limitations and conditions as the 5 18 governor of the requesting state may prescribe by executive 5 19 order or otherwise. 5 20 ARTICLE VI LIABILITY 5 21 Officers or employees of a party state rendering aid in 5 22 another state pursuant to this compact shall be considered 5 23 agents of the requesting state for tort liability and immunity 5 24 purposes; and no party state or its officers or employees 5 25 rendering aid in another state pursuant to this compact shall 5 26 be liable on account of any act or omission in good faith on 5 27 the part of such forces while so engaged or on account of the 5 28 maintenance or use of any equipment or supplies in connection 5 29 therewith. Good faith in this article shall not include 5 30 willful misconduct, gross negligence, or recklessness. 5 31 ARTICLE VII SUPPLEMENTARY AGREEMENTS 5 32 Inasmuch as it is probable that the pattern and detail of 5 33 the machinery for mutual aid among two or more states may 5 34 differ from that among the states that are party hereto, this 5 35 instrument contains elements of a broad base common to all 6 1 states, and nothing herein contained shall preclude any state 6 2 from entering into supplementary agreements with another state 6 3 or affect any other agreements already in force between 6 4 states. Supplementary agreements may comprehend, but shall 6 5 not be limited to, provisions for evacuation and reception of 6 6 injured and other persons and the exchange of medical, fire, 6 7 police, public utility, reconnaissance, welfare, 6 8 transportation and communications personnel, and equipment and 6 9 supplies. 6 10 ARTICLE VIII COMPENSATION 6 11 Each party state shall provide for the payment of 6 12 compensation and death benefits to injured members of the 6 13 emergency forces of that state and representatives of deceased 6 14 members of such forces in case such members sustain injuries 6 15 or are killed while rendering aid pursuant to this compact, in 6 16 the same manner and on the same terms as if the injury or 6 17 death were sustained within their own state. 6 18 ARTICLE IX REIMBURSEMENT 6 19 Any party state rendering aid in another state pursuant to 6 20 this compact shall be reimbursed by the party state receiving 6 21 such aid for any loss or damage to or expense incurred in the 6 22 operation of any equipment and the provision of any service in 6 23 answering a request for aid and for the costs incurred in 6 24 connection with such requests; provided that any aiding party 6 25 state may assume in whole or in part such loss, damage, 6 26 expense, or other cost, or may loan such equipment or donate 6 27 such services to the receiving party state without charge or 6 28 cost; and provided further, that any two or more party states 6 29 may enter into supplementary agreements establishing a 6 30 different allocation of costs among those states. Article 6 31 VIII expenses shall not be reimbursable under this provision. 6 32 ARTICLE X EVACUATION 6 33 Plans for the orderly evacuation and interstate reception 6 34 of portions of the civilian population as the result of any 6 35 emergency or disaster of sufficient proportions to so warrant, 7 1 shall be worked out and maintained between the party states 7 2 and the emergency management or services directors of the 7 3 various jurisdictions where any type of incident requiring 7 4 evacuations might occur. Such plans shall be put into effect 7 5 by request of the state from which evacuees come and shall 7 6 include the manner of transporting such evacuees, the number 7 7 of evacuees to be received in different areas, the manner in 7 8 which food, clothing, housing, and medical care will be 7 9 provided, the registration of the evacuees, the providing of 7 10 facilities for the notification of relatives or friends, and 7 11 the forwarding of such evacuees to other areas or the bringing 7 12 in of additional materials, supplies, and all other relevant 7 13 factors. Such plans shall provide that the party state 7 14 receiving evacuees and the party state from which the evacuees 7 15 come shall mutually agree as to reimbursement of out-of-pocket 7 16 expenses incurred in receiving and caring for such evacuees, 7 17 for expenditures for transportation, food, clothing, medicines 7 18 and medical care, and like items. Such expenditures shall be 7 19 reimbursed as agreed by the party state from which the 7 20 evacuees come. After the termination of the emergency or 7 21 disaster, the party state from which the evacuees come shall 7 22 assume the responsibility for the ultimate support of 7 23 repatriation of such evacuees. 7 24 ARTICLE XI IMPLEMENTATION 7 25 1. This compact shall become operative immediately upon 7 26 its enactment into law by any two states; thereafter, this 7 27 compact shall become effective as to any other state upon its 7 28 enactment by such state. 7 29 2. Any party state may withdraw from this compact by 7 30 enacting a statute repealing the same, but no such withdrawal 7 31 shall take effect until thirty days after the governor of the 7 32 withdrawing state has given notice in writing of such 7 33 withdrawal to the governors of all other party states. Such 7 34 action shall not relieve the withdrawing state from 7 35 obligations assumed hereunder prior to the effective date of 8 1 withdrawal. 8 2 3. Duly authenticated copies of this compact and of such 8 3 supplementary agreements as may be entered into shall, at the 8 4 time of their approval, be deposited with each of the party 8 5 states and with the federal emergency management agency and 8 6 other appropriate agencies of the United States government. 8 7 ARTICLE XII VALIDITY 8 8 This Act shall be construed to effectuate the purposes 8 9 stated in Article I hereof. If any provision of this compact 8 10 is declared unconstitutional, or the applicability thereof to 8 11 any person or circumstances is held invalid, the 8 12 constitutionality of the remainder of this Act and the 8 13 applicability thereof to other persons and circumstances shall 8 14 not be affected thereby. 8 15 ARTICLE XIII ADDITIONAL PROVISIONS 8 16 Nothing in this compact shall authorize or permit the use 8 17 of military force by the national guard of a state at any 8 18 place outside that state in any emergency for which the 8 19 president is authorized by law to call into federal service 8 20 the militia, or for any purpose for which the use of the army 8 21 or the air force would in the absence of express statutory 8 22 authorization be prohibited under section 1385 of Title 18, 8 23 United States Code. 8 24 8 25 8 26 8 27 MARY E. KRAMER 8 28 President of the Senate 8 29 8 30 8 31 8 32 RON J. CORBETT 8 33 Speaker of the House 8 34 8 35 I hereby certify that this bill originated in the Senate and 9 1 is known as Senate File 358, Seventy-seventh General Assembly. 9 2 9 3 9 4 9 5 MARY PAT GUNDERSON 9 6 Secretary of the Senate 9 7 Approved , 1997 9 8 9 9 9 10 9 11 TERRY E. BRANSTAD 9 12 Governor
Text: SF00357 Text: SF00359 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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