CSSB 235(STA): "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."
00 CS FOR SENATE BILL NO. 235(STA) 01 "An Act relating to emergency and disaster relief forces as state employees for purposes 02 of workers' compensation benefits; relating to the Emergency Management Assistance 03 Compact and the implementation of the compact; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 23.30.244 is repealed and reenacted to read: 06 Sec. 23.30.244. Emergency and disaster relief forces as state employees. 07 (a) A resident of this state temporarily engaged as a civilian volunteer in an 08 emergency or a disaster relief function in another state or country who suffers injury 09 or death during the course and within the scope of providing emergency or disaster 10 relief aid is considered an employee of this state for purposes of this chapter if, at the 11 time of the injury or death, the volunteer 12 (1) is an active roster civilian volunteer member of a state-certified 13 emergency force and is registered with the state division of emergency services in the 14 Department of Military and Veterans' Affairs;
01 (2) is providing services under AS 26.23.136 during an emergency or 02 disaster; and 03 (3) is not otherwise covered for that injury or death by an employer's 04 workers' compensation insurance policy or self-insurance certificate. 05 (b) A resident of this state temporarily engaged as a civilian volunteer in a 06 disaster emergency relief function in this state who suffers injury or death during the 07 course and within the scope of providing disaster emergency relief aid is considered an 08 employee of the state for purposes of this chapter if, at the time of the injury or death, 09 the volunteer 10 (1) is an active roster civilian volunteer member of an emergency 11 service organization whose services were requested by the division of emergency 12 services in the Department of Military and Veterans' Affairs; 13 (2) is providing services requested by the Department of Military and 14 Veterans' Affairs during a disaster emergency declared under AS 26.20.040 or 15 AS 26.23.020; 16 (3) is not an employee of an agency of the United States, this state, or a 17 political subdivision of this state; and 18 (4) is not otherwise covered for that injury or death by an employer's 19 workers' compensation insurance policy or self-insurance certificate. 20 (c) The gross weekly earnings for a resident of this state temporarily engaged 21 as a civilian volunteer under this section are the minimum gross weekly earnings paid 22 to an employee employed by this state to perform equivalent work, or, if an employee 23 is not employed by this state to perform equivalent work, the state average weekly 24 wage, but the gross weekly earnings for calculating compensation may not be less than 25 the minimum wage computed on the basis of 40 hours of work a week. 26 * Sec. 2. AS 26.23.070(b) is amended to read: 27 (b) If the governor finds that a vulnerable area lies only partly within the state 28 and includes territory in a foreign jurisdiction, and that it would be desirable to 29 establish an international relationship, mutual aid, or an area organization for disaster, 30 the governor shall take steps to that end as desirable. If this action is taken with 31 jurisdictions that have enacted the Emergency Management Assistance Compact
01 [INTERSTATE CIVIL DEFENSE AND DISASTER COMPACT] substantially as 02 contained in AS 26.23.136 [AS 26.23.130], any resulting agreement may be 03 considered a supplementary [SUPPLEMENTAL] agreement under Article VII 04 [ARTICLE VI] of that compact. 05 * Sec. 3. AS 26.23 is amended by adding new sections to read: 06 Sec. 26.23.135. Emergency Management Assistance Compact enacted and 07 entered into. The Emergency Management Assistance Compact is hereby enacted 08 into law and entered into with all jurisdictions legally joining in it in a form 09 substantially as contained in AS 26.23.136. 10 Sec. 26.23.136. Compact terms. The terms and provisions of the compact 11 referred to in AS 26.23.135 are as follows: 12 EMERGENCY MANAGEMENT ASSISTANCE COMPACT 13 ARTICLE I 14 PURPOSES; DEFINITIONS 15 This compact is made and entered into by and between the participating 16 member states that enact this compact, which are called party states. For the purposes 17 of this agreement, "states" means the several states, the Commonwealth of Puerto 18 Rico, the District of Columbia, and all United States territorial possessions. 19 The purpose of this compact is to provide for mutual assistance between the 20 states entering into this compact in managing any emergency or disaster that is 21 declared by the governor of the affected state or states, whether arising from natural 22 disaster, technological hazard, man-made disaster, civil emergency aspects of 23 resources shortages, community disorders, insurgency, or enemy attack. 24 This compact shall also provide for mutual cooperation in emergency-related 25 exercises, testing, or other training activities using equipment and personnel 26 simulating performance of any aspect of the giving and receiving of aid by party states 27 or subdivisions of party states during emergencies, such actions occurring outside 28 actual declared emergency periods. Mutual assistance in this compact may include the 29 use of the states' National Guard forces, either in accordance with the National Guard 30 Mutual Assistance Compact or by mutual agreement between states. 31 ARTICLE II
01 GENERAL IMPLEMENTATION 02 Each party state entering into this compact recognizes many emergencies 03 transcend political jurisdiction boundaries and that intergovernmental coordination is 04 essential in managing these and other emergencies under this compact. Each state 05 further recognizes that there will be emergencies that require immediate access and 06 present procedures to apply outside resources to make a prompt and effective response 07 to such an emergency. This is because few, if any, individual states have all the 08 resources that they may need in all types of emergencies or the capability of delivering 09 resources to areas where emergencies exist. 10 The prompt, full, and effective utilization of resources of the participating 11 states, including any resources on hand or available from the federal government or 12 any other source, that are essential to the safety, care, and welfare of the people in the 13 event of any emergency or disaster declared by a party state is the underlying principle 14 on which all articles of this compact are understood. 15 On behalf of the governor of each state participating in the compact, the legally 16 designated state official who is assigned responsibility for emergency management is 17 responsible for formulation of the appropriate interstate mutual aid plans and 18 procedures necessary to implement this compact. 19 ARTICLE III 20 PARTY STATE RESPONSIBILITIES 21 (a) It is the responsibility of each party state to formulate procedural plans and 22 programs for interstate cooperation in the performance of the responsibilities listed in 23 this article. In formulating such plans, and in carrying them out, the party states, 24 insofar as practical, shall 25 (1) review individual state hazards analyses and, to the extent 26 reasonably possible, determine all those potential emergencies the party states might 27 jointly suffer, whether due to natural disaster, technological hazard, man-made 28 disaster, emergency aspects of resource shortages, civil disorders, insurgency, or 29 enemy attack; 30 (2) review party states' individual emergency plans and develop a plan 31 that will determine the mechanism for the interstate management and provision of
01 assistance concerning any potential emergency; 02 (3) develop interstate procedures to fill any identified gaps and to 03 resolve any identified inconsistencies or overlaps in existing or developed plans; 04 (4) assist in warning communities adjacent to or crossing the state 05 boundaries; 06 (5) protect and assure uninterrupted delivery of services, medicines, 07 water, food, energy and fuel, search and rescue, and critical lifeline equipment, 08 services, and resources, both human and material; 09 (6) inventory and set procedures for the interstate loan and delivery of 10 human and material resources, together with procedures for reimbursement or 11 forgiveness; and 12 (7) provide, to the extent authorized by law, for temporary suspension 13 of any statutes or ordinances that restrict the implementation of the responsibilities 14 listed in (1) - (6) of this subsection. 15 (b) The authorized representative of a party state may request assistance of 16 another party state by contacting the authorized representative of that state. The 17 provisions of this agreement only apply to requests for assistance made by and to 18 authorized representatives. Requests may be verbal or in writing. If verbal, the 19 request shall be confirmed in writing within 30 days of the verbal request. Requests 20 shall provide the following information: 21 (1) a description of the emergency service function for which 22 assistance is needed, such as, but not limited to, fire services, law enforcement, 23 emergency medical, transportation, communications, public works and engineering, 24 building inspection, planning and information assistance, mass care, resource support, 25 health and medical services, and search and rescue; 26 (2) the amount and type of personnel, equipment, materials and 27 supplies needed, and a reasonable estimate of the length of time they will be needed; 28 and 29 (3) the specific place and time for staging of the assisting party's 30 response and a point of contact at that location. 31 (c) There shall be frequent consultation between state officials who have
01 assigned emergency management responsibilities and other appropriate representatives 02 of the party states with affected jurisdictions and the United States government, with 03 free exchange of information, plans, and resource records relating to emergency 04 capabilities. 05 ARTICLE IV 06 LIMITATIONS 07 Any party state requested to render mutual aid or conduct exercises and 08 training for mutual aid shall take such action as is necessary to provide and make 09 available the resources covered by this compact in accordance with the terms of the 10 compact; however, it is understood that the state rendering aid may withhold resources 11 to the extent necessary to provide reasonable protection for such state. Each party 12 state shall afford to the emergency forces of any party state, while operating within its 13 state limits under the terms and conditions of this compact, the same powers, except 14 that of arrest unless specifically authorized by the receiving state; duties; rights; and 15 privileges as are afforded forces of the state in which they are performing emergency 16 services. Emergency forces will continue under the command and control of their 17 regular leaders, but the organizational units will come under the operational control of 18 the emergency services authorities of the state receiving assistance. These conditions 19 may be activated, as needed, only subsequent to a declaration of a state of emergency 20 or disaster by the governor of the party state that is to receive assistance or 21 commencement of exercises or training for mutual aid and shall continue so long as 22 the exercises or training for mutual aid are in progress, the state of emergency or 23 disaster remains in effect, or loaned resources remain in the receiving state or states, 24 whichever is longest. 25 ARTICLE V 26 LICENSES AND PERMITS 27 Notwithstanding any contrary provision of law, whenever any person holds a 28 license, certificate, or other permit issued by any state party to the compact evidencing 29 the meeting of qualifications for professional, mechanical, or other skills, and when 30 such assistance is requested by the receiving party state, the person is deemed 31 licensed, certified, or permitted by the state requesting assistance to render aid
01 involving such a skill to meet a declared emergency or disaster, subject to the 02 limitations and conditions as the governor of the requesting state may prescribe by 03 proclamation or otherwise. 04 ARTICLE VI 05 LIABILITY 06 Officers or employees of a party state rendering aid in another state under this 07 compact are considered agents of the requesting state for tort liability and immunity 08 purposes; and a party state or its officers or employees rendering aid in another state in 09 accordance with this compact is not liable on account of any act or omission in good 10 faith on the part of such forces while so engaged or on account of the maintenance or 11 use of any equipment or supplies in connection with the rendering of that aid. Good 12 faith in this article does not include wilful misconduct, gross negligence, or 13 recklessness. 14 ARTICLE VII 15 SUPPLEMENTARY AGREEMENTS 16 Inasmuch as it is probable that the pattern and detail of the machinery for 17 mutual aid among two or more states may differ from that among the states that are 18 party to the compact, this instrument contains elements of a broad base common to all 19 states, and nothing contained in the compact precludes any state from entering into 20 supplementary agreements with another state or affects any other agreements already 21 in force between states. Supplementary agreements may comprehend, but are not 22 limited to, provisions for evacuation and reception of injured and other persons and 23 the exchange of medical, fire, police, public utility, reconnaissance, welfare, 24 transportation and communications personnel, and equipment and supplies. 25 ARTICLE VIII 26 COMPENSATION 27 Each party state shall provide for the payment of compensation and death 28 benefits to injured members of the emergency forces of that state and representatives 29 of deceased members of such forces in case those members sustain injuries or are 30 killed while rendering aid under this compact, in the same manner and on the same 31 terms as if the injury or death were sustained within their own state.
01 ARTICLE IX 02 REIMBURSEMENT 03 Any party state rendering aid in another state under this compact shall be 04 reimbursed by the party state receiving the aid for any loss or damage to or expense 05 incurred in the operation of any equipment and the provision of any service in 06 answering a request for aid and for the costs incurred in connection with such a 07 request; however, any aiding party state may assume in whole or in part the loss, 08 damage, expense, or other cost, or may loan equipment or donate services to the 09 receiving party state without charge or cost and, further, any two or more party states 10 may enter into supplementary agreements establishing a different allocation of costs 11 among those states. Article VIII expenses are not reimbursable under this provision. 12 ARTICLE X 13 EVACUATION 14 Plans for the orderly evacuation and interstate reception of portions of the 15 civilian population as the result of any emergency or disaster of sufficient proportions 16 to so warrant, shall be worked out and maintained between the party states and the 17 emergency management or services directors of the various jurisdictions where any 18 type of incident requiring evacuations might occur. The plans shall be put into effect 19 by request of the state from which evacuees come and shall include the manner of 20 transporting the evacuees, the number of evacuees to be received in different areas, the 21 manner in which food, clothing, housing, and medical care will be provided, the 22 registration of the evacuees, the providing of facilities for the notification of relatives 23 or friends, and the forwarding of the evacuees to other areas or the bringing in of 24 additional materials, supplies, and all other relevant factors. The plans shall provide 25 that the party state receiving evacuees and the party state from which the evacuees 26 come shall mutually agree as to reimbursement of out-of-pocket expenses incurred in 27 receiving and caring for the evacuees, for expenditures for transportation, food, 28 clothing, medicines and medical care, and like items. Such expenditures shall be 29 reimbursed as agreed by the party state from which the evacuees come. After the 30 termination of the emergency or disaster, the party state from which the evacuees 31 come shall assume the responsibility for the ultimate support of repatriation of the
01 evacuees. 02 ARTICLE XI 03 IMPLEMENTATION 04 (a) This compact becomes operative immediately upon its enactment into law 05 by any two states; after that, this compact becomes effective as to any other state upon 06 its enactment by that state. 07 (b) Any party state may withdraw from this compact by enacting a statute 08 repealing the compact, but the withdrawal does not take effect until 30 days after the 09 governor of the withdrawing state has given notice in writing of the withdrawal to the 10 governors of all other party states. The action does not relieve the withdrawing state 11 from obligations assumed under the compact before the effective date of withdrawal. 12 (c) Duly authenticated copies of this compact and of any supplementary 13 agreements as may be entered into shall, at the time of their approval, be deposited 14 with each of the party states and with the Federal Emergency Management Agency 15 and other appropriate agencies of the United States government. 16 ARTICLE XII 17 VALIDITY 18 This Act shall be construed to effectuate the purposes stated in Article I of this 19 compact. If any provision of this compact is declared unconstitutional, or the 20 applicability of the compact to any person or circumstances is held invalid, the 21 constitutionality of the remainder of this compact and the applicability of the compact 22 to other persons and circumstances are not affected by the invalidity of any provision 23 of the compact. 24 ARTICLE XIII 25 ADDITIONAL PROVISIONS 26 Nothing in this compact authorizes or permits the use of military force by the 27 National Guard of a state at any place outside that state in any emergency for which 28 the President is authorized by law to call into federal service the militia, or for any 29 purpose for which the use of the Army or the Air Force would in the absence of 30 express statutory authorization be prohibited under 18 U.S.C. 1385. 31 * Sec. 4. AS 26.23.210(b) is amended to read:
01 (b) The provisions of this chapter[, OTHER THAN AS 26.23.130,] apply to 02 preparedness, response, and recovery in cases of natural and human made 03 [MANMADE] disasters other than disasters listed in (a) of this section. 04 * Sec. 5. AS 26.23.120 and 26.23.130 are repealed. 05 * Sec. 6. This Act takes effect immediately under AS 01.10.070(c).