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92_SB0859
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
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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
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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
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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
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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
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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
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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
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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.
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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.