Legislature(2001 - 2002)
2002-01-16 Senate Journal
Full Journal pdf2002-01-16 Senate Journal Page 1952 SB 235 SENATE BILL NO. 235 BY THE SENATE 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." was read the first time and referred to the State Affairs, Labor and Commerce and Judiciary Committees. The following fiscal information was published today: Fiscal Note No. 1, zero, Department of Military and Veterans' Affairs Governor's transmittal letter dated January 14, 2002: Dear President Halford: 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. 2002-01-16 Senate Journal Page 1953 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. 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. 2002-01-16 Senate Journal Page 1954 I urge your support for joining EMAC, as most other states have done. Sincerely, /s/ Tony Knowles Governor