Session 2000
Effective: April 20, 2000
SENATE BILL No. 475
An Act concerning the interstate emergency management
assistance compact; authorizing
the governor to execute such compact on behalf of the
state.
Be it enacted by the Legislature of the State of Kansas:
Section 1. The governor is hereby
authorized to execute a compact
on behalf of this state with any other state or states legally
joining therein,
in the form substantially as follows:
EMERGENCY MANAGEMENT ASSISTANCE COMPACT
ARTICLE I
PURPOSE AND AUTHORITIES
This compact is made and entered into by and
between the partici-
pating member states, which enact this compact, hereinafter called
party
states. For the purposes of this compact, the term "state" or
"states" is
taken to mean the several states. The term "federal government" is
taken
to mean the United States government and, as authorized by law,
agencies
of the United States government.
The purpose of this compact is to provide for
mutual assistance be-
tween the states entering into this compact in managing any
emergency
or disaster that is duly declared by the governor of the affected
state,
whether arising from natural disaster, technological hazard,
man-made
disaster, civil emergency aspects of resources shortages or enemy
attack.
This compact shall also provide for mutual
cooperation in emergency-
related exercises, testing or other training activities using
equipment and
personnel simulating performance of any aspect of the giving and
receiv-
ing of aid by party states or subdivisions of party states during
emergen-
cies, such actions occurring outside actual declared emergency
periods.
Mutual assistance in this compact may include the use of the
states' Na-
tional Guard forces, either in accordance with the National Guard
mutual
assistance compact or by mutual agreement between states.
ARTICLE II
GENERAL IMPLEMENTATION
Each party state entering into this compact
recognizes that many emer-
gencies transcend political jurisdictional boundaries and that
intergovern-
mental coordination is essential in managing these and other
emergencies
under this compact. Each state further recognizes that there will
be emer-
gencies which require immediate access and present procedures to
apply
outside resources to make a prompt and effective response to such
an
emergency. This is because few, if any, individual states have all
the re-
sources they may need in all types of emergencies or the capability
of
delivering resources to areas where emergencies exist.
The prompt, full and effective utilization of
resources of the partici-
pating states and, if so requested, resources on hand or available
from
the federal government or its agencies, that are essential to the
safety,
care, and welfare of the people in the event of any emergency or
disaster
declared by a party state, shall be the underlying principle on
which all
articles of this compact shall be understood.
On behalf of the governor of each state
participating in the compact,
the legally designated state official who is assigned
responsibility for emer-
gency management will be responsible for formulation of the
appropriate
interstate mutual aid plans and procedures necessary to implement
this
compact.
ARTICLE III
PARTY STATE RESPONSIBILITIES
A. It shall be the responsibility of each
party state to formulate pro-
cedural plans and programs for interstate cooperation in the
performance
of the responsibilities listed in this article. In formulating such
plans, and
in carrying them out, the party states, insofar as practical,
shall:
1. Review individual state hazards
analyses and, to the extent reason-
ably possible, determine all those potential emergencies the party
states
might jointly suffer, whether due to natural disaster,
technological hazard,
man-made disaster, insurgency or enemy attack;
2. review party states' individual
emergency plans and develop a plan
which will determine the mechanism for the interstate management
and
provision of assistance concerning those emergencies or
disasters;
3. develop interstate procedures to fill
any identified gaps and to re-
solve any identified inconsistencies or overlaps in existing or
developed
plans;
4. assist in warning communities adjacent
to or crossing the state
boundaries;
5. protect and assure uninterrupted
delivery of services, medicines,
water, food, energy and fuel, search and rescue, critical lifeline
equip-
ment, services and resources, both human and material;
6. inventory and set procedures for the
interstate loan and delivery
of human and material resources, together with procedures for
reim-
bursement or forgiveness; and
7. provide, to the extent authorized by
law, for temporary suspension
of those statutes or ordinances that restrict the implementation of
the
above responsibilities during emergencies or disasters declared by
the
governor. Neither this section, nor this compact, allows for the
suspension
of the bill of rights of the constitution of the state of
Kansas.
B. The authorized representative of a
party state may request assis-
tance of another party state by contacting the authorized
representative
of that state. The provisions of this compact shall only apply to
requests
for assistance made by and to authorized representatives. Requests
may
be verbal or in writing. If verbal, the request shall be confirmed
in writing
within 10 days of the verbal request. Requests shall provide the
following
information:
1. A description of the emergency service
function for which assis-
tance is needed, including, but not limited to, fire services, law
enforce-
ment, emergency medical, transportation, communications, public
works
and engineering, building inspection, planning and information
assis-
tance, mass care, resource support, health and medical services
and
search and rescue;
2. the amount and type of personnel,
equipment, materials and sup-
plies needed, and a reasonable estimate of the length of time they
will be
needed; and
3. the specific place and time for
staging of the assisting party's re-
sponse and a point of contact at that location.
C. There shall be frequent consultation
between state officials who
have assigned emergency management responsibilities and other
appro-
priate representatives of the party states with affected
jurisdictions and,
if so requested, the federal government, with free exchange of
informa-
tion, plans and resource records relating to emergency
capabilities.
ARTICLE IV
LIMITATIONS
Any party state requested to render mutual aid
or conduct exercises
and training for mutual aid shall take such action as is necessary
to provide
and make available the resources covered by this compact in
accordance
with the terms hereof; provided that it is understood that the
state ren-
dering aid may withhold resources to the extent necessary to
provide
reasonable protection for such state.
Each party state shall afford to the emergency
forces of any party state,
while operating within its state limits under the terms and
conditions of
this compact, the same powers, except that of arrest unless
specifically
authorized by the receiving state, duties, rights and privileges as
are af-
forded forces of the state in which they are performing emergency
serv-
ices. Emergency forces will continue under the command and control
of
their state or regular leaders, but the organizational units will
come under
the operational control of the emergency services authorities of
the state
receiving assistance. These conditions may be activated, as needed,
only
subsequent to a declaration of a state emergency or disaster by the
gov-
ernor of the party state that is to receive assistance or upon
commence-
ment of exercises or training for mutual aid and shall continue so
long as
the exercises or training for mutual aid are in progress, the state
of emer-
gency or disaster remains in effect, or loaned resources remain in
the
receiving state.
ARTICLE V
LICENSES AND PERMITS
Whenever any person holds a license,
certificate or other permit issued
by any state party to the compact evidencing the meeting of
qualifications
for professional, mechanical or other skills, and when such
assistance is
requested by the receiving party state, such person shall be deemed
li-
censed, certified or permitted by the state requesting assistance
to render
aid involving such skill to meet a declared emergency or disaster,
subject
to such limitations and conditions as the governor of the
requesting state
may prescribe by executive order or otherwise.
ARTICLE VI
LIABILITY
Officers or employees of a party state
rendering aid in another state
pursuant to this compact shall be considered agents of the
requesting
state for tort liability and immunity purposes. No party state or
its officers
or employees rendering aid in another state pursuant to this
compact shall
be liable on account of any act or omission in good faith on the
part of
such forces while so engaged or on account of the maintenance or
use of
any equipment or supplies in connection therewith. Good faith in
this
article shall not include willful misconduct, gross negligence or
reckless-
ness.
ARTICLE VII
SUPPLEMENTARY AGREEMENTS
Inasmuch as it is probable that the pattern
and detail of the machinery
for mutual aid among two or more states may differ from that among
the
states that are party hereto, this compact contains elements of a
broad
base common to all states, and nothing herein shall preclude any
state
entering into supplementary agreements with another state or affect
any
other agreements already in force between states. Supplementary
agree-
ments may comprehend, but shall not be limited to, provisions for
evac-
uation and reception of injured and other persons and the exchange
of
medical, fire, police, public utility, reconnaissance, welfare,
transportation
and communications personnel and equipment and supplies.
ARTICLE VIII
COMPENSATION
Each party state shall provide for the payment
of compensation and
death benefits to injured members of the emergency forces of that
state
and representatives of deceased members of such forces in case
such
members sustain injuries or are killed while rendering aid pursuant
to
this compact, in the same manner and on the same terms as if the
injury
or death were sustained within their own state.
ARTICLE IX
REIMBURSEMENT
Any party state rendering aid in another state
pursuant to this compact
shall be reimbursed by the party state receiving such aid for any
loss or
damage to or expense incurred in the operation of any equipment
and
the provision of any service in answering a request for aid and for
the
costs incurred in connection with such requests; provided, that any
aiding
party state may assume in whole or in part such loss, damage,
expense or
other cost, or may loan such equipment or donate such services to
the
receiving party state without charge or cost; and provided further,
that
any two or more party states may enter into supplementary
agreements
establishing a different allocation of costs among those states.
Article VIII
expenses shall not be reimbursable under this article.
ARTICLE X
EVACUATION
Plans for the orderly evacuation and
interstate reception of portions of
the civilian population as the result of any emergency or disaster
of suf-
ficient proportions to so warrant, shall be worked out and
maintained
between the party states and the emergency management service
direc-
tors of the various jurisdictions where any type of incident
requiring evac-
uations might occur. The civilian population has the option of
relocating
on its own accord or, with help from the state, to egress from the
emer-
gency or disaster areas to areas outside the emergency or disaster
areas.
Such plans shall be put into effect by request of the state from
which
evacuees come and shall include the manner of transporting such
evac-
uees, the number of evacuees to be received in different areas, the
man-
ner in which food, clothing, housing and medical care will be
provided,
the registration of the evacuees, the providing of facilities for
the notifi-
cation of relatives or friends, and the forwarding of such evacuees
to other
areas or the bringing in of additional materials, supplies and all
other
relevant factors. Such plans shall provide that the party state
receiving
evacuees and the party state from which the evacuees come shall
mutually
agree as to reimbursement of out-of-pocket expenses incurred in
receiv-
ing and caring for such evacuees, for expenditures for
transportation,
food, clothing, medicines and medical care and like items. Such
expend-
itures shall be reimbursed as agreed by the party state from which
the
evacuees come. After the termination of the emergency or disaster,
the
party state from which the evacuees come shall assume the
responsibility
for the ultimate support of repatriation of such evacuees.
ARTICLE XI
IMPLEMENTATION
A. This compact shall become effective
immediately upon its enact-
ment into law by any two states. Thereafter, this compact shall
become
effective as to any other state upon enactment by such state.
B. Any party state may withdraw from this
compact by enacting a
statute repealing the same, but no such withdrawal shall take
effect until
30 days after the governor of the withdrawing state has given
notice in
writing of such withdrawal to the governors of all other party
states. Such
action shall not relieve the withdrawing state from obligations
assumed
hereunder prior to the effective date of withdrawal.
C. Duly authenticated copies of this
compact and of such supple-
mentary agreements as may be entered into shall, at the time of
their
approval, be deposited with each of the party states, with the
Federal
Emergency Management Agency and other appropriate government
agencies.
ARTICLE XII
VALIDITY
This compact shall be construed to effectuate
the purposes stated in
Article I. If any provision of this compact is declared
unconstitutional, or
the applicability thereof to any person or circumstances is held
invalid,
the constitutionality of the remainder of this compact and the
applicability
thereof to other persons and circumstances shall not be
affected.
ARTICLE XIII
ADDITIONAL PROVISIONS
Nothing in this compact shall authorize or
permit the use of military
force by the National Guard of a state at any place outside that
state in
any emergency for which the president is authorized by law to call
into
federal service the militia, or for any purpose for which the use
of the
army or the air force would in the absence of express statutory
authori-
zation be prohibited under § 1385 of Title 18 of the United
States Code.
Sec. 2. This act shall take
effect and be in force from and after its
publication in the Kansas register.