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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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