[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Enrolled ] |
92_SB0859eng SB859 Engrossed LRB9204068MWdv 1 AN ACT in relation to emergency management assistance. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Emergency Management Assistance Compact Act. 6 Section 5. Emergency Management Assistance Compact. The 7 State of Illinois ratifies and approves the Emergency 8 Management Assistance Compact and enters into the Compact in 9 substantially the following form: 10 ARTICLE I. Purposes and Authorities 11 This compact is made and entered into by and between the 12 participating member states which enact this compact, 13 hereinafter called party states. For the purposes of this 14 agreement, the term "states" is taken to mean the several 15 states, the Commonwealth of Puerto Rico, the District of 16 Columbia, and all U.S. territorial possessions. 17 The purpose of this compact is to provide for mutual 18 assistance between the states entering into this compact in 19 managing any emergency or disaster that is duly declared by 20 the governor of the affected state(s), whether arising from 21 natural disaster, technological hazard, man-made disaster, 22 civil emergency aspects of resources shortages, community 23 disorders, insurgency, or enemy attack. 24 This compact shall also provide for mutual cooperation in 25 emergency-related exercises, testing, or other training 26 activities using equipment and personnel simulating 27 performance of any aspect of the giving and receiving of aid 28 by party states or subdivisions of party states during 29 emergencies, such actions occurring outside actual declared 30 emergency periods. Mutual assistance in this compact may SB859 Engrossed -2- LRB9204068MWdv 1 include the use of the states' National Guard forces, either 2 in accordance with the National Guard Mutual Assistance 3 Compact or by mutual agreement between states. 4 ARTICLE II. General Implementation 5 Each party state entering into this compact recognizes 6 many emergencies transcend political jurisdictional 7 boundaries and that intergovernmental coordination is 8 essential in managing these and other emergencies under this 9 compact. Each state further recognizes that there will be 10 emergencies which require immediate access and present 11 procedures to apply outside resources to make a prompt and 12 effective response to such an emergency. This is because few, 13 if any, individual states have all the resources they may 14 need in all types of emergencies or the capability of 15 delivering resources to areas where emergencies exist. 16 The prompt, full, and effective utilization of resources 17 of the participating states, including any resources on hand 18 or available from the federal government or any other source, 19 that are essential to the safety, care, and welfare of the 20 people in the event of any emergency or disaster declared by 21 a party state, shall be the underlying principle on which all 22 articles of this compact shall be understood. 23 On behalf of the governor of each state participating in 24 the compact, the legally designated state official who is 25 assigned responsibility for emergency management will be 26 responsible for formulation of the appropriate interstate 27 mutual aid plans and procedures necessary to implement this 28 compact. 29 ARTICLE III. Party State Responsibilities 30 (a) It shall be the responsibility of each party state 31 to formulate procedural plans and programs for interstate 32 cooperation in the performance of the responsibilities listed SB859 Engrossed -3- LRB9204068MWdv 1 in this article. In formulating such plans, and in carrying 2 them out, the party states, insofar as practical, shall: 3 (i) Review individual state hazards analyses and, 4 to the extent reasonably possible, determine all those 5 potential emergencies the party states might jointly 6 suffer, whether due to natural disaster, technological 7 hazard, man-made disaster, emergency aspects of resource 8 shortages, civil disorders, insurgency, or enemy attack. 9 (ii) Review party states' individual emergency 10 plans and develop a plan which will determine the 11 mechanism for the interstate management and provision of 12 assistance concerning any potential emergency. 13 (iii) Develop interstate procedures to fill any 14 identified gaps and to resolve any identified 15 inconsistencies or overlaps in existing or developed 16 plans. 17 (iv) Assist in warning communities adjacent to or 18 crossing the state boundaries. 19 (v) Protect and assure uninterrupted delivery of 20 services, medicines, water, food, energy and fuel, search 21 and rescue, and critical lifeline equipment, services, 22 and resources, both human and material. 23 (vi) Inventory and set procedures for the 24 interstate loan and delivery of human and material 25 resources, together with procedures for reimbursement or 26 forgiveness. 27 (vii) Provide, to the extent authorized by law, for 28 temporary suspension of any statutes. 29 (b) The authorized representative of a party state may 30 request assistance of another party state by contacting the 31 authorized representative of that state. The provisions of 32 this agreement shall only apply to requests for assistance 33 made by and to authorized representatives. Requests may be 34 verbal or in writing. If verbal, the request shall be SB859 Engrossed -4- LRB9204068MWdv 1 confirmed in writing within 30 days of the verbal request. 2 Requests shall provide the following information: 3 (i) A description of the emergency service function 4 for which assistance is needed, such as but not limited 5 to fire services, law enforcement, emergency medical, 6 transportation, communications, public works and 7 engineering, building inspection, planning and 8 information assistance, mass care, resource support, 9 health and medical services, and search and rescue. 10 (ii) The amount and type of personnel, equipment, 11 materials and supplies needed, and a reasonable estimate 12 of the length of time they will be needed. 13 (iii) The specific place and time for staging of 14 the assisting party's response and a point of contact at 15 that location. 16 (c) There shall be frequent consultation between state 17 officials who have assigned emergency management 18 responsibilities and other appropriate representatives of the 19 party states with affected jurisdictions and the United 20 States government, with free exchange of information, plans, 21 and resource records relating to emergency capabilities. 22 ARTICLE IV. Limitations 23 Any party state requested to render mutual aid or conduct 24 exercises and training for mutual aid shall take such action 25 as is necessary to provide and make available the resources 26 covered by this compact in accordance with the terms hereof; 27 provided that it is understood that the state rendering aid 28 may withhold resources to the extent necessary to provide 29 reasonable protection for such state. Each party state shall 30 afford to the emergency forces of any party state, while 31 operating within its state limits under the terms and 32 conditions of this compact, the same powers (except that of 33 arrest unless specifically authorized by the receiving SB859 Engrossed -5- LRB9204068MWdv 1 state), duties, rights, and privileges as are afforded forces 2 of the state in which they are performing emergency services. 3 Emergency forces will continue under the command and control 4 of their regular leaders, but the organizational units will 5 come under the operational control of the emergency services 6 authorities of the state receiving assistance. These 7 conditions may be activated, as needed, only subsequent to a 8 declaration of a state of emergency or disaster by the 9 governor of the party state that is to receive assistance or 10 commencement of exercises or training for mutual aid and 11 shall continue so long as the exercises or training for 12 mutual aid are in progress, the state of emergency or 13 disaster remains in effect or loaned resources remain in the 14 receiving state(s), whichever is longer. 15 ARTICLE V. Licenses and Permits 16 Whenever any person holds a license, certificate, or 17 other permit issued by any state party to the compact 18 evidencing the meeting of qualifications for professional, 19 mechanical, or other skills, and when such assistance is 20 requested by the receiving party state, such person shall be 21 deemed licensed, certified, or permitted by the state 22 requesting assistance to render aid involving such skill to 23 meet a declared emergency or disaster, subject to such 24 limitations and conditions as the governor of the requesting 25 state may prescribe by executive order or otherwise. 26 ARTICLE VI. Liability 27 Officers or employees of a party state rendering aid in 28 another state pursuant to this compact shall be considered 29 agents of the requesting state for tort liability and 30 immunity purposes; and no party state or its officers or 31 employees rendering aid in another state pursuant to this 32 compact shall be liable on account of any act or omission in SB859 Engrossed -6- LRB9204068MWdv 1 good faith on the part of such forces while so engaged or on 2 account of the maintenance or use of any equipment or 3 supplies in connection therewith. Good faith in this article 4 shall not include willful misconduct, gross negligence, or 5 recklessness. 6 ARTICLE VII. Supplementary Agreements 7 Inasmuch as it is probable that the pattern and detail of 8 the machinery for mutual aid among two or more states may 9 differ from that among the states that are party hereto, this 10 instrument contains elements of a broad base common to all 11 states, and nothing herein contained shall preclude any state 12 from entering into supplementary agreements with another 13 state or affect any other agreements already in force between 14 states. Supplementary agreements may comprehend, but shall 15 not be limited to, provisions for evacuation and reception of 16 injured and other persons and the exchange of medical, fire, 17 police, public utility, reconnaissance, welfare, 18 transportation and communications personnel, and equipment 19 and supplies. 20 ARTICLE VIII. Compensation 21 Each party state shall provide for the payment of 22 compensation and death benefits to injured members of the 23 emergency forces of that state and representatives of 24 deceased members of such forces in case such members sustain 25 injuries or are killed while rendering aid pursuant to this 26 compact, in the same manner and on the same terms as if the 27 injury or death were sustained within their own state. 28 ARTICLE IX. Reimbursement 29 Any party state rendering aid in another state pursuant 30 to this compact shall be reimbursed by the party state 31 receiving such aid for any loss or damage to or expense SB859 Engrossed -7- LRB9204068MWdv 1 incurred in the operation of any equipment and the provision 2 of any service in answering a request for aid and for the 3 costs incurred in connection with such requests; provided, 4 that any aiding party state may assume in whole or in part 5 such loss, damage, expense, or other cost, or may loan such 6 equipment or donate such services to the receiving party 7 state without charge or cost; and provided further, that any 8 two or more party states may enter into supplementary 9 agreements establishing a different allocation of costs among 10 those states. Article VIII expenses shall not be reimbursable 11 under this provision. 12 ARTICLE X. Evacuation 13 Plans for the orderly evacuation and interstate reception 14 of portions of the civilian population as the result of any 15 emergency or disaster of sufficient proportions to so 16 warrant, shall be worked out and maintained between the party 17 states and the emergency management services directors of the 18 various jurisdictions where any type of incident requiring 19 evacuations might occur. Such plans shall be put into effect 20 by request of the state from which evacuees come and shall 21 include the manner of transporting such evacuees, the number 22 of evacuees to be received in different areas, the manner in 23 which food, clothing, housing, and medical care will be 24 provided, the registration of the evacuees, the providing of 25 facilities for the notification of relatives or friends, and 26 the forwarding of such evacuees to other areas or the 27 bringing in of additional materials, supplies, and all other 28 relevant factors. Such plans shall provide that the party 29 state receiving evacuees and the party state from which the 30 evacuees come shall mutually agree as to reimbursement of 31 out-of-pocket expenses incurred in receiving and caring for 32 such evacuees, for expenditures for transportation, food, 33 clothing, medicines and medical care, and like items. Such SB859 Engrossed -8- LRB9204068MWdv 1 expenditures shall be reimbursed as agreed by the party state 2 from which the evacuees come. After the termination of the 3 emergency or disaster, the party state from which the 4 evacuees come shall assume the responsibility for the 5 ultimate support of repatriation of such evacuees. 6 ARTICLE XI. Implementation 7 (a) This compact shall become operative immediately upon 8 its enactment into law by any two (2) states; thereafter, 9 this compact shall become effective as to any other state 10 upon its enactment by such state. 11 (b) Any party state may withdraw from this compact by 12 enacting a statute repealing the same, but no such withdrawal 13 shall take effect until 30 days after the governor of the 14 withdrawing state has given notice in writing of such 15 withdrawal to the governors of all other party states. Such 16 action shall not relieve the withdrawing state from 17 obligations assumed hereunder prior to the effective date of 18 withdrawal. 19 (c) Duly authenticated copies of this compact and of 20 such supplementary agreements as may be entered into shall, 21 at the time of their approval, be deposited with each of the 22 party states and with the Federal Emergency Management Agency 23 and other appropriate agencies of the United States 24 government. 25 ARTICLE XII. Validity 26 This Act shall be construed to effectuate the purposes 27 stated in Article I hereof. If any provision of this compact 28 is declared unconstitutional, or the applicability thereof to 29 any person or circumstances is held invalid, the 30 constitutionality of the remainder of this Act and the 31 applicability thereof to other persons and circumstances 32 shall not be affected thereby. SB859 Engrossed -9- LRB9204068MWdv 1 ARTICLE XIII. Additional Provisions 2 Nothing in this compact shall authorize or permit the use 3 of military force by the National Guard of a state at any 4 place outside that state in any emergency for which the 5 President is authorized by law to call into federal service 6 the militia, or for any purpose for which the use of the Army 7 or the Air Force would in the absence of express statutory 8 authorization be prohibited under Section 1385 of title 18, 9 United States Code. 10 (45 ILCS 150/Act rep.) 11 Section 95. The Interstate Disaster Compact Act is 12 repealed. 13 Section 99. Effective date. This Act takes effect upon 14 becoming law.