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Public Act 92-0123
SB859 Enrolled LRB9204068MWdv
AN ACT in relation to emergency management assistance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Emergency Management Assistance Compact Act.
Section 5. Emergency Management Assistance Compact. The
State of Illinois ratifies and approves the Emergency
Management Assistance Compact and enters into the Compact in
substantially the following form:
ARTICLE I. Purposes and Authorities
This compact is made and entered into by and between the
participating member states which enact this compact,
hereinafter called party states. For the purposes of this
agreement, the term "states" is taken to mean the several
states, the Commonwealth of Puerto Rico, the District of
Columbia, and all U.S. territorial possessions.
The purpose of this compact is to provide for mutual
assistance between the states entering into this compact in
managing any emergency or disaster that is duly declared by
the governor of the affected state(s), whether arising from
natural disaster, technological hazard, man-made disaster,
civil emergency aspects of resources shortages, community
disorders, insurgency, 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 receiving of aid
by party states or subdivisions of party states during
emergencies, such actions occurring outside actual declared
emergency periods. Mutual assistance in this compact may
include the use of the states' National 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
many emergencies transcend political jurisdictional
boundaries and that intergovernmental coordination is
essential in managing these and other emergencies under this
compact. Each state further recognizes that there will be
emergencies 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 resources 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 participating states, including any resources on hand
or available from the federal government or any other source,
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 emergency 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 procedural 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:
(i) Review individual state hazards analyses and,
to the extent reasonably possible, determine all those
potential emergencies the party states might jointly
suffer, whether due to natural disaster, technological
hazard, man-made disaster, emergency aspects of resource
shortages, civil disorders, insurgency, or enemy attack.
(ii) Review party states' individual emergency
plans and develop a plan which will determine the
mechanism for the interstate management and provision of
assistance concerning any potential emergency.
(iii) Develop interstate procedures to fill any
identified gaps and to resolve any identified
inconsistencies or overlaps in existing or developed
plans.
(iv) Assist in warning communities adjacent to or
crossing the state boundaries.
(v) Protect and assure uninterrupted delivery of
services, medicines, water, food, energy and fuel, search
and rescue, and critical lifeline equipment, services,
and resources, both human and material.
(vi) Inventory and set procedures for the
interstate loan and delivery of human and material
resources, together with procedures for reimbursement or
forgiveness.
(vii) Provide, to the extent authorized by law, for
temporary suspension of any statutes.
(b) The authorized representative of a party state may
request assistance of another party state by contacting the
authorized representative of that state. The provisions of
this agreement 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 30 days of the verbal request.
Requests shall provide the following information:
(i) A description of the emergency service function
for which assistance is needed, such as but not limited
to fire services, law enforcement, emergency medical,
transportation, communications, public works and
engineering, building inspection, planning and
information assistance, mass care, resource support,
health and medical services, and search and rescue.
(ii) The amount and type of personnel, equipment,
materials and supplies needed, and a reasonable estimate
of the length of time they will be needed.
(iii) The specific place and time for staging of
the assisting party's response 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 appropriate representatives of the
party states with affected jurisdictions and the United
States government, with free exchange of information, 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 rendering 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 afforded forces
of the state in which they are performing emergency services.
Emergency forces will continue under the command and control
of their 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 of emergency or disaster by the
governor of the party state that is to receive assistance or
commencement 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 emergency or
disaster remains in effect or loaned resources remain in the
receiving state(s), whichever is longer.
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 licensed, 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; and 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
recklessness.
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
instrument contains elements of a broad base common to all
states, and nothing herein contained shall preclude any state
from entering into supplementary agreements with another
state or affect any other agreements already in force between
states. Supplementary agreements may comprehend, but shall
not be limited to, provisions for evacuation 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 provision.
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 sufficient proportions to so
warrant, shall be worked out and maintained between the party
states and the emergency management services directors of the
various jurisdictions where any type of incident requiring
evacuations might occur. Such plans shall be put into effect
by request of the state from which evacuees come and shall
include the manner of transporting such evacuees, the number
of evacuees to be received in different areas, the manner in
which food, clothing, housing, and medical care will be
provided, the registration of the evacuees, the providing of
facilities for the notification 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 receiving and caring for
such evacuees, for expenditures for transportation, food,
clothing, medicines and medical care, and like items. Such
expenditures 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 operative immediately upon
its enactment into law by any two (2) states; thereafter,
this compact shall become effective as to any other state
upon its 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 supplementary agreements as may be entered into shall,
at the time of their approval, be deposited with each of the
party states and with the Federal Emergency Management Agency
and other appropriate agencies of the United States
government.
ARTICLE XII. Validity
This Act shall be construed to effectuate the purposes
stated in Article I hereof. 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 Act and the
applicability thereof to other persons and circumstances
shall not be affected thereby.
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
authorization be prohibited under Section 1385 of title 18,
United States Code.
(45 ILCS 150/Act rep.)
Section 95. The Interstate Disaster Compact Act is
repealed.
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 01, 2001.
Approved July 20, 2001.
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