2002-01-16                     House Journal                      Page 1970
HB 323                                                                                            
HOUSE BILL NO. 323 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
     "An Act relating to emergency and disaster relief forces as state                              
     employees for purposes of workers' compensation benefits;                                      
     relating to the Emergency Management Assistance Compact and                                    
     the implementation of the compact; and providing for an effective                              
     date."                                                                                         

2002-01-16                     House Journal                      Page 1971
was read the first time and referred to the House Special Committee on                              
Military and Veterans' Affairs and the State Affairs and Labor &                                    
Commerce Committees.                                                                                
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Dept. of Military & Veterans' Affairs                                                     
                                                                                                    
The Governor's transmittal letter dated January 14, 2002, appears                                   
below:                                                                                              
                                                                                                    
"Dear Speaker Porter:                                                                               
                                                                                                    
This bill I transmit today is part of a package of bills I am forwarding                            
to the Legislature to address Alaska's ability to respond to disasters                              
and emergencies.  It would enact the Emergency Management                                           
Assistance Compact (EMAC), making Alaska the 43rd state to do so.                                   
                                                                                                    
The EMAC is a mutual aid agreement that facilitates inter-state                                     
assistance in declared disasters and emergencies, including man-made                                
disasters and civil emergencies as well as natural disasters.  A party                              
state, through its authorized representative, may request assistance of                             
another party state in the form of personnel, equipment, materials, or                              
supplies for emergency functions such as fire services, medical                                     
services, transportation, or other necessities.  The EMAC provides that                             
states shall honor requests for assistance, but may withhold resources                              
as necessary to ensure reasonable protection in its own state.  The                                 
requesting state shall reimburse states rendering aid including actual                              
costs incurred and any losses or damages.                                                           
                                                                                                    
The EMAC addresses certain legal issues of common concern relating                                  
to emergency assistance.  It provides that officers and employees of                                
the state rendering aid are considered agents of the requesting state for                           
tort liability and immunity purposes.  An assisting state's officers or                             
employees may not be liable for any good faith act or omission of its                               
forces or because of maintenance or use of equipment or supplies.                                   
This provides officers or employees of another state coming to assist                               
Alaska in a disaster the same immunity from liability afforded our                                  
employees and agents.                                                                               
                                                                                                    

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Under the EMAC, each state pays compensation and death benefits to                                  
members of its emergency forces who are killed while rendering aid to                               
another state in the same manner and on the same terms as if they were                              
injured or killed within their own state.                                                           
                                                                                                    
The bill also updates state law so that an Alaskan civilian volunteer                               
performing emergency or disaster relief functions in another state                                  
under the EMAC, or at the request of our state division of emergency                                
services, is considered an Alaska state employee for workers'                                       
compensation purposes. The reenacted statute will control state                                     
liability for workers' compensation benefits by limiting eligibility to                             
those volunteers who are on a roster maintained by the division of                                  
emergency services.                                                                                 
                                                                                                    
Finally, this bill repeals the outdated Interstate Civil Defense and                                
Disaster Compact; its goals are being met under the EMAC.                                           
                                                                                                    
Enacting the EMAC will benefit the state by providing immediate                                     
access to additional trained and experienced emergency specialists and                              
other emergency resources nationwide during a disaster.  It will further                            
benefit the state by providing for prompt reimbursement by the                                      
Federal Emergency Management Agency (FEMA) of the costs of                                          
emergency resources provided by other states to Alaska in the event of                              
a disaster.  Presently, the state must negotiate an agreement with the                              
FEMA for reimbursement in each disaster.                                                            
                                                                                                    
I urge your support for joining EMAC, as most other states have done.                               
                                                                                                    
                                 Sincerely,                                                        
                                 /s/                                                                
                                 Tony Knowles                                                       
                                  Governor"