State of Illinois
92nd General Assembly
Legislation

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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
 
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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
 
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
 
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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.
 
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.

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