48-9a01. Interstate emergency management assistance compact.
48-9a01
48-9a01. Interstate emergency management assistancecompact.The governor is hereby authorized to execute a compact onbehalf of this statewith anyother state or states legally joining therein, in the form substantially asfollows:
This compact is made and entered into by and between the participating memberstates,which enact this compact, hereinafter called party states. For the purposes ofthis compact, theterm "state" or "states" is taken to mean the several states. The term"federal government" istaken to mean the United States government and, as authorized by law, agenciesof the UnitedStates government.
The purpose of this compact is to provide for mutual assistance between thestates enteringinto this compact in managing any emergency or disaster that is duly declaredby the governor ofthe affected state, whether arising from natural disaster, technologicalhazard, man-madedisaster, civil emergency aspects of resources shortagesorenemy attack.
This compact shall also provide for mutual cooperation in emergency-relatedexercises,testing or other training activities using equipment and personnel simulatingperformance of anyaspect of the giving and receiving of aid by party states or subdivisions ofparty states duringemergencies, such actions occurring outside actual declared emergency periods. Mutualassistance in this compact may include the use of the states' National Guardforces, either inaccordance with the National Guard mutual assistance compact or by mutualagreement betweenstates.
Each party state entering into this compact recognizes that many emergenciestranscendpolitical jurisdictional boundaries and that intergovernmental coordination isessential inmanaging these and other emergencies under this compact. Each state furtherrecognizes thatthere will be emergencies which require immediate access and present proceduresto applyoutside resources to make a prompt and effective response to such an emergency.This isbecause few, if any, individual states have all the resources they may need inall types ofemergencies or the capability of delivering resources to areas whereemergencies exist.
The prompt, full and effective utilization of resources of the participatingstates and, if sorequested, resources on hand or available from the federal government or itsagencies, that areessential to the safety, care, and welfare of the people in the event of anyemergency or disaster declared by a party state, shall be the underlyingprinciple on which all articles of this compactshall be understood.
On behalf of the governor of each state participating in the compact, thelegally designatedstate official who is assigned responsibility for emergency management will beresponsible forformulation of the appropriate interstate mutual aid plans and proceduresnecessary to implementthis compact.
A. It shall be the responsibility of each party state to formulate proceduralplans and programs for interstate cooperation in the performance of theresponsibilitieslisted in this article. In formulating such plans, and in carrying them out,the partystates, insofar as practical, shall:
1. Review individual state hazards analyses and, to the extent reasonablypossible, determine all those potential emergencies the party states mightjointly suffer,whether due to natural disaster, technological hazard, man-made disaster,insurgency orenemy attack;
2. review party states' individual emergency plans and develop a plan whichwill determine the mechanism for the interstate management and provision ofassistanceconcerning those emergencies or disasters;
3. develop interstate procedures to fill any identified gaps and to resolveanyidentified inconsistencies or overlaps in existing or developed plans;
4. assist in warning communities adjacent to or crossing the stateboundaries;
5. protect and assure uninterrupted delivery of services, medicines, water,food, energy and fuel, search and rescue, critical lifeline equipment, servicesandresources, both human and material;
6. inventory and set procedures for the interstate loan and delivery of humanand material resources, together with procedures for reimbursement orforgiveness; and
7. provide, to the extent authorized by law, for temporary suspension ofthose statutes or ordinances that restrict the implementation of the aboveresponsibilitiesduring emergencies or disasters declared by the governor. Neither thissection, nor thiscompact, allows for the suspension of the bill of rights of the constitution ofthe state ofKansas.
B. The authorized representative of a party state may request assistance ofanother party state by contacting the authorized representative of that state.Theprovisions of this compact shall only apply to requests for assistance made byand toauthorized representatives. Requests may be verbal or in writing. If verbal,the requestshall be confirmed in writing within 10 days of the verbal request. Requestsshallprovide the following information:
1. A description of the emergency service function for which assistance isneeded, including, but not limited to, fire services, law enforcement,emergencymedical, transportation, communications, public works and engineering, buildinginspection, planning and information assistance, mass care, resource support,healthand medical services and search and rescue;
2. the amount and type of personnel, equipment, materials and suppliesneeded, 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 responseand a point of contact at that location.
C. There shall be frequent consultation between state officials who haveassigned emergency management responsibilities and other appropriaterepresentativesof the party states with affected jurisdictions and, if so requested, thefederalgovernment, with free exchange of information, plans and resource recordsrelating toemergency capabilities.
Any party state requested to render mutual aid or conduct exercises andtraining for mutualaid shall take such action as is necessary to provide and make available theresources covered bythis compact in accordance with the terms hereof; provided that it isunderstood that the staterendering aid may withhold resources to the extent necessary to providereasonable protectionfor such state.
Each party state shall afford to the emergency forces of any party state, whileoperatingwithin its state limits under the terms and conditions of this compact, thesame powers, exceptthat of arrest unless specifically authorized by the receiving state, duties,rights and privileges asare afforded forces of the state in which they are performing emergencyservices. Emergencyforces will continue under the command and control of their state or regularleaders, but theorganizational units will come under the operational control of the emergencyservicesauthorities of the state receiving assistance. These conditions may beactivated, as needed, onlysubsequent to a declaration of a state emergency or disaster by the governor ofthe party statethat is to receive assistance or upon commencement of exercises or training formutual aid andshall continue so long as the exercises or training for mutual aid are inprogress, the state ofemergency or disaster remains in effect, or loaned resources remain in thereceiving state.
Whenever any person holds a license, certificate or other permit issued by anystate party tothe compact evidencing the meeting of qualifications for professional,mechanical or other skills,and when such assistance is requested by the receiving party state, such personshall be deemedlicensed, certified or permitted by the state requesting assistance to renderaid involving suchskill to meet a declared emergency or disaster, subject to such limitations andconditions as thegovernor of the requesting state may prescribe by executive order or otherwise.
Officers or employees of a party state rendering aid in another state pursuantto this compactshall be considered agents of the requesting state for tort liability andimmunity purposes. No party state or its officers or employees rendering aidin another state pursuant to this compactshall be liable on account of any act or omission in good faith on the part ofsuch forces while soengaged or on account of the maintenance or use of any equipment or supplies inconnectiontherewith. Good faith in this article shall not include willful misconduct,gross negligence orrecklessness.
Inasmuch as it is probable that the pattern and detail of the machinery formutual aid amongtwo or more states may differ from that among the states that are party hereto,this compactcontains elements of a broad base common to all states, and nothing hereinshall preclude anystate entering into supplementary agreements with another state or affect anyother agreementsalready in force between states. Supplementary agreements may comprehend, butshall not belimited to, provisions for evacuation and reception of injured and otherpersons and the exchangeof medical, fire, police, public utility, reconnaissance, welfare,transportation andcommunications personnel and equipment and supplies.
Each party state shall provide for the payment of compensation and deathbenefits to injuredmembers of the emergency forces of that state and representatives of deceasedmembers of suchforces in case such members sustain injuries or are killed while rendering aidpursuant to thiscompact, in the same manner and on the same terms as if the injury or deathwere sustainedwithin their own state.
Any party state rendering aid in another state pursuant to this compact shallbe reimbursedby the party state receiving such aid for any loss or damage to or expenseincurred in theoperation of any equipment and the provision of any service in answering arequest for aid andfor the costs incurred in connection with such requests; provided, that anyaiding party state mayassume in whole or in part such loss, damage, expense or other cost, or mayloan such equipmentor 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 agreementsestablishing adifferent allocation of costs among those states. Article VIII expenses shallnot be reimbursableunder this article.
Plans for the orderly evacuation and interstate reception of portions of thecivilianpopulation as the result of any emergency or disaster of sufficient proportionsto so warrant,shall be worked out and maintained between the party states and the emergencymanagementservice directors of the various jurisdictions where any type of incidentrequiring evacuationsmight occur. The civilian population has the option of relocating on its ownaccord or, with helpfrom the state, to egress from the emergency or disaster areas to areas outsidethe emergency or disaster areas. Such plans shall be put into effect byrequest of the state from which evacueescome and shall include the manner of transporting such evacuees, the number ofevacuees to bereceived in different areas, the manner in which food, clothing, housing andmedical care will beprovided, the registration of the evacuees, the providing of facilities for thenotification ofrelatives or friends, and the forwarding of such evacuees to other areas or thebringing in ofadditional materials, supplies and all other relevant factors. Such plansshall provide that theparty state receiving evacuees and the party state from which the evacuees comeshall mutuallyagree as to reimbursement of out-of-pocket expenses incurred in receiving andcaring for suchevacuees, for expenditures for transportation, food, clothing, medicines andmedical care andlike items. Such expenditures shall be reimbursed as agreed by the party statefrom which theevacuees come. After the termination of the emergency or disaster, the partystate from whichthe evacuees come shall assume the responsibility for the ultimate support ofrepatriation of suchevacuees.
A. This compact shall become effective immediately upon its enactment intolaw by any two states. Thereafter, this compact shall become effective as toany otherstate upon enactment by such state.
B. Any party state may withdraw from this compact by enacting a statuterepealing the same, but no such withdrawal shall take effect until 30 daysafter thegovernor of the withdrawing state has given notice in writing of suchwithdrawal to thegovernors of all other party states. Such action shall not relieve thewithdrawing statefrom obligations assumed hereunder prior to the effective date of withdrawal.
C. Duly authenticated copies of this compact and of such supplementaryagreements as maybe entered into shall, at the time of their approval, be deposited with each ofthe party states,with the Federal Emergency Management Agency and other appropriate governmentagencies.
This compact shall be construed to effectuate the purposes stated in Article I.If anyprovision of this compact is declared unconstitutional, or the applicabilitythereof to any personor circumstances is held invalid, the constitutionality of the remainder ofthis compact and theapplicability thereof to other persons and circumstances shall not be affected.
Nothing in this compact shall authorize or permit the use of military forceby the NationalGuard of a state at any place outside that state in any emergency for which thepresident isauthorized by law to call into federal service the militia, or for any purposefor which the use ofthe army or the air force would in the absence of express statutoryauthorization be prohibitedunder § 1385 of Title 18 of the United States Code.
History: L. 2000, ch. 65, § 1; Apr. 20.