Session of 1998
                   
HOUSE BILL No. 2955
         
By Representatives Tomlinson and Showalter
         
2-13
            9             AN ACT concerning the interstate emergency management assistance
10             compact; authorizing the governor to execute such compact on behalf
11             of the state; amending K.S.A. 48-930 and 75-3713b and repealing the
12             existing sections; also repealing K.S.A. 48-1701, 48-1702, 48-1703,
13             48-3201 and 48-3202.
14            
15       Be it enacted by the Legislature of the State of Kansas:
16           New Section 1. The governor is hereby authorized to execute a com-
17       pact on behalf of this state with any other state or states legally joining
18       therein, in the form substantially as follows:
19      
EMERGENCY MANAGEMENT ASSISTANCE COMPACT
20      
ARTICLE I
21      
PURPOSE AND AUTHORITIES
22           This compact is made and entered into by and between the participating member states,
23       which enact this compact, hereinafter called party states. For the purposes of this compact,
24       the term ``state'' or ``states'' is taken to mean the several states. The term ``federal govern-
25       ment'' is taken to mean the United States government and, as authorized by law, agencies
26       of the United States government.
27           The purpose of this compact is to provide for mutual assistance between the states en-
28       tering into this compact in managing any emergency or disaster that is duly declared by the
29       governor of the affected state, whether arising from natural disaster, technological hazard,
30       man-made disaster, civil emergency aspects of resources shortages, community disorders,
31       insurgency or enemy attack.
32           This compact shall also provide for mutual cooperation in emergency-related exercises,
33       testing or other training activities using equipment and personnel simulating performance
34       of any aspect of the giving and receiving of aid by party states or subdivisions of party states
35       during emergencies, such actions occurring outside actual declared emergency periods.
36       Mutual assistance in this compact may include the use of the states' national guard forces,
37       either in accordance with the national guard mutual assistance compact or by mutual agree-
38       ment between states.
39      
ARTICLE II
40      
GENERAL IMPLEMENTATION
41           Each party state entering into this compact recognizes that many emergencies transcend
42       political jurisdictional boundaries and that intergovernmental coordination is essential in
43       managing these and other emergencies under this compact. Each state further recognizes

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  1       that there will be emergencies which require immediate access and present procedures to
  2       apply outside resources to make a prompt and effective response to such an emergency.
  3       This is because few, if any, individual states have all the resources they may need in all types
  4       of emergencies or the capability of delivering resources to areas where emergencies exist.
  5           The prompt, full and effective utilization of resources of the participating states and, if
  6       so requested, resources on hand or available from the federal government or its agencies,
  7       that are essential to the safety, care and welfare of the people in the event of any emergency
  8       or disaster declared by a party state, shall be the underlying principle on which all articles
  9       of this compact shall be understood.
10           On behalf of the governor of each state participating in the compact, the legally designated
11       state official who is assigned responsibility for emergency management will be responsible
12       for formulation of the appropriate interstate mutual aid plans and procedures necessary to
13       implement this compact.
14      
ARTICLE III
15      
PARTY STATE RESPONSIBILITIES
16           A. It shall be the responsibility of each party state to formulate procedural plans and
17       programs for interstate cooperation in the performance of the responsibilities listed in this
18       article. In formulating such plans, and in carrying them out, the party states, insofar as
19       practical, shall:
20           1. Review individual state hazards analyses and, to the extent reasonably possible, de-
21       termine all those potential emergencies the party states might jointly suffer, whether due
22       to natural disaster, technological hazard, man-made disaster, insurgency or enemy attack;
23           2. review party states' individual emergency plans and develop a plan which will deter-
24       mine the mechanism for the interstate management and provision of assistance concerning
25       those emergencies or disasters;
26           3. develop interstate procedures to fill any identified gaps and to resolve any identified
27       inconsistencies or overlaps in existing or developed plans;
28           4. assist in warning communities adjacent to or crossing the state boundaries;
29           5. protect and assure uninterrupted delivery of services, medicines, water, food, energy
30       and fuel, search and rescue, critical lifeline equipment, services and resources, both human
31       and material;
32           6. inventory and set procedures for the interstate loan and delivery of human and ma-
33       terial resources, together with procedures for reimbursement or forgiveness; and
34           7. provide, to the extent authorized by law, for temporary suspension of those statutes
35       or ordinances that restrict the implementation of the above responsibilities during emer-
36       gencies or disasters declared by the governor. Neither this section, nor this compact, allows
37       for the suspension of the bill of rights of the constitution of the state of Kansas.
38           B. The authorized representative of a party state may request assistance of another party
39       state by contacting the authorized representative of that state. The provisions of this compact
40       shall only apply to requests for assistance made by and to authorized representatives. Re-
41       quests may be verbal or in writing. If verbal, the request shall be confirmed in writing within
42       30 days of the verbal request. Requests shall provide the following information:
43           1. A description of the emergency service function for which assistance is needed, in-

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  1       cluding, but not limited to, fire services, law enforcement, emergency medical, transporta-
  2       tion, communications, public works and engineering, building inspection, planning and in-
  3       formation assistance, mass care, resource support, health and medical services and search
  4       and rescue;
  5           2. the amount and type of personnel, equipment, materials and supplies needed, and a
  6       reasonable estimate of the length of time they will be needed; and
  7           3. the specific place and time for staging of the assisting party's response and a point of
  8       contact at that location.
  9           C. There shall be frequent consultation between state officials who have assigned emer-
10       gency management responsibilities and other appropriate representatives of the party states
11       with affected jurisdictions and, if so requested, the federal government, with free exchange
12       of information, plans and resource records relating to emergency capabilities.
13      
ARTICLE IV
14      
LIMITATIONS
15           Any party state requested to render mutual aid or conduct exercises and training for
16       mutual aid shall take such action as is necessary to provide and make available the resources
17       covered by this compact in accordance with the terms hereof; provided that it is understood
18       that the state rendering aid may withhold resources to the extent necessary to provide
19       reasonable protection for such state.
20           Each party state shall afford to the emergency forces of any party state, while operating
21       within its state limits under the terms and conditions of this compact, the same powers,
22       except that of arrest unless specifically authorized by the receiving state, duties, rights and
23       privileges as are afforded forces of the state in which they are performing emergency serv-
24       ices. Emergency forces will continue under the command and control of their state or
25       regular leaders, but the organizational units will come under the operational control of the
26       emergency services authorities of the state receiving assistance. These conditions may be
27       activated, as needed, only subsequent to a declaration of a state emergency or disaster by
28       the governor of the party state that is to receive assistance or upon commencement of
29       exercises or training for mutual aid and shall continue so long as the exercises or training
30       for mutual aid are in progress, the state of emergency or disaster remains in effect, or loaned
31       resources remain in the receiving state.
32      
ARTICLE V
33      
LICENSES AND PERMITS
34           Whenever any person holds a license, certificate or other permit issued by any state party
35       to the compact evidencing the meeting of qualifications for professional, mechanical or other
36       skills, and when such assistance is requested by the receiving party state, such person shall
37       be deemed licensed, certified or permitted by the state requesting assistance to render aid
38       involving such skill to meet a declared emergency or disaster, subject to such limitations
39       and conditions as the governor of the requesting state may prescribe by executive order or
40       otherwise.
41      
ARTICLE VI
42      
LIABILITY
43           Officers or employees of a party state rendering aid in another state pursuant to this

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  1       compact shall be considered agents of the requesting state for tort liability and immunity
  2       purposes. No party state or its officers or employees rendering aid in another state pursuant
  3       to this compact shall be liable on account of any act or omission in good faith on the part
  4       of such forces while so engaged or on account of the maintenance or use of any equipment
  5       or supplies in connection therewith. Good faith in this article shall not include willful mis-
  6       conduct, gross negligence or recklessness.
  7      
ARTICLE VII
  8      
SUPPLEMENTARY AGREEMENTS
  9           Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid
10       among two or more states may differ from that among the states that are party hereto, this
11       compact contains elements of a broad base common to all states, and nothing herein shall
12       preclude any state entering into supplementary agreements with another state or affect any
13       other agreements already in force between states. Supplementary agreements may compre-
14       hend, but shall not be limited to, provisions for evacuation and reception of injured and
15       other persons and the exchange of medical, fire, police, public utility, reconnaissance, wel-
16       fare, transportation and communications personnel and equipment and supplies.
17      
ARTICLE VIII
18      
COMPENSATION
19           Each party state shall provide for the payment of compensation and death benefits to
20       injured members of the emergency forces of that state and representatives of deceased
21       members of such forces in case such members sustain injuries or are killed while rendering
22       aid pursuant to this compact, in the same manner and on the same terms as if the injury or
23       death were sustained within their own state.
24      
ARTICLE IX
25      
REIMBURSEMENT
26           Any party state rendering aid in another state pursuant to this compact shall be reim-
27       bursed by the party state receiving such aid for any loss or damage to or expense incurred
28       in the operation of any equipment and the provision of any service in answering a request
29       for aid and for the costs incurred in connection with such requests; provided, that any aiding
30       party state may assume in whole or in part such loss, damage, expense or other cost, or may
31       loan such equipment or donate such services to the receiving party state without charge or
32       cost; and provided further, that any two or more party states may enter into supplementary
33       agreements establishing a different allocation of costs among those states. Article VIII ex-
34       penses shall not be reimbursable under this article.
35      
ARTICLE X
36      
EVACUATION
37           Plans for the orderly evacuation and interstate reception of portions of the civilian pop-
38       ulation as the result of any emergency or disaster of sufficient proportions to so warrant,
39       shall be worked out and maintained between the party states and the emergency manage-
40       ment service directors of the various jurisdictions where any type of incident requiring
41       evacuations might occur. The civilian population has the option of relocating on its own
42       accord or, with help from the state, to egress from the emergency or disaster areas to areas
43       outside the emergency or disaster areas. Such plans shall be put into effect by request of

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  1       the state from which evacuees come and shall include the manner of transporting such
  2       evacuees, the number of evacuees to be received in different areas, the manner in which
  3       food, clothing , housing and medical care will be provided, the registration of the evacuees,
  4       the providing of facilities for the notification of relatives or friends, and the forwarding of
  5       such evacuees to other areas or the bringing in of additional materials, supplies and all other
  6       relevant factors. Such plans shall provide that the party state receiving evacuees and the
  7       party state from which the evacuees come shall mutually agree as to reimbursement of out-
  8       of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for
  9       transportation, food, clothing, medicines and medical care and like items. Such expenditures
10       shall be reimbursed as agreed by the party state from which the evacuees come. After the
11       termination of the emergency or disaster, the party state from which the evacuees come
12       shall assume the responsibility for the ultimate support of repatriation of such evacuees.
13      
ARTICLE XI
14      
IMPLEMENTATION
15           A. This compact shall become effective immediately upon its enactment into law by any
16       two states. Thereafter, this compact shall become effective as to any other state upon en-
17       actment by such state.
18           B. Any party state may withdraw from this compact by enacting a statute repealing the
19       same, but no such withdrawal shall take effect until 30 days after the governor of the with-
20       drawing state has given notice in writing of such withdrawal to the governors of all other
21       party states. Such action shall not relieve the withdrawing state from obligations assumed
22       hereunder prior to the effective date of withdrawal.
23           C. Duly authenticated copies of this compact and of such supplementary agreements
24       as may be entered into shall, at the time of their approval, be deposited with each of the
25       party states and, if so authorized, the party state's authorized agencies.
26      
ARTICLE XII
27      
VALIDITY
28           This compact shall be construed to effectuate the purposes stated in Article I. If any
29       provision of this compact is declared unconstitutional, or the applicability thereof to any
30       person or circumstances is held invalid, the constitutionality of the remainder of this compact
31       and the applicability thereof to other persons and circumstances shall not be affected.
32      
ARTICLE XIII
33      
ADDITIONAL PROVISIONS
34           Nothing in this compact shall authorize or permit the use of military force by the national
35       guard of a state at any place outside that state in any emergency for which the president is
36       authorized by law to call into federal service the militia, or for any purpose for which the
37       use of the army or the air force would in the absence of express statutory authorization be
38       prohibited under § 1385 of Title 18 of the United States Code.
39           Sec. 2. K.S.A. 48-930 is hereby amended to read as follows: 48-930.
40       (a) If the governor finds that two or more adjoining counties would be
41       served better by an interjurisdictional disaster agency than by maintaining
42       separate disaster agencies and services, the governor shall order the es-
43       tablishment of an interjurisdictional disaster agency which is adequate to

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  1       plan for, prevent or respond to disasters in that area and direct steps to
  2       be taken as necessary, including the creation of an interjurisdictional re-
  3       lationship and an interjurisdictional disaster emergency plan which pro-
  4       vide for mutual aid or an area organization for emergency management.
  5       A copy of such order shall be given to the chairperson of the board of
  6       county commissioners of each county affected by such order and to the
  7       mayor or other principal executive officer of each city located within any
  8       such county, and such counties and cities shall act in accordance with
  9       such order. Any interjurisdictional agreement entered into by two or more
10       counties which are ordered to establish an interjurisdictional disaster
11       agency under this subsection, may designate a local council of defense,
12       which was established in accordance with K.S.A. 48-909, and amend-
13       ments thereto, for one of such counties and which was in existence on
14       the day immediately preceding the effective date of this act, as such in-
15       terjurisdictional disaster agency. Each interjurisdictional disaster agency
16       shall cooperate with the disaster agency of any city located within any
17       county under the jurisdiction of such interjurisdictional disaster agency,
18       but shall not have jurisdiction within such cities having disaster agencies.
19       A finding by the governor pursuant to this subsection shall be based on
20       one or more factors related to the difficulty of maintaining an efficient
21       and effective emergency management system on a single-jurisdiction ba-
22       sis, such as:
23           (1) Small or sparse population;
24           (2) limitations on public financial resources severe enough to make
25       maintenance of a separate disaster agency and services unreasonably bur-
26       densome;
27           (3) unusual vulnerability to disaster as evidenced by a past history of
28       disasters, topographical features, drainage characteristics, disaster poten-
29       tial and presence of disaster-prone facilities or operations;
30           (4) the interrelated character of the counties in a multi-county area;
31       or
32           (5) other relevant conditions or circumstances.
33           (b) Two or more counties, which are not under the jurisdiction of an
34       interjurisdictional disaster agency pursuant to subsection (a), may be re-
35       quired by the governor, by an order issued in the manner prescribed in
36       subsection (a), to participate and enter into an interjurisdictional agree-
37       ment or arrangement without requiring the establishment and mainte-
38       nance of such a disaster agency therefor, if the governor finds that:
39           (1) Such counties, or the cities situated therein, have equipment, sup-
40       plies and forces which are necessary to provide mutual aid on a regional
41       basis; and
42           (2) such counties have not made adequate provisions in their disaster
43       emergency plans for the rendering and receipt of mutual aid for the emer-

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  1       gency management needs of the entire region.
  2           (c) If the governor finds that it would be desirable to establish an
  3       interstate mutual aid organization or an area organization for disaster for
  4       an area including territory in this state and any other state or states, the
  5       governor shall take such action as is necessary to achieve such objective.
  6       If this state has enacted the   interstate civil defense and disaster emergency
  7       management assistance compact and this action is taken with a jurisdiction
  8       which has also enacted the   interstate civil defense and disaster emergency
  9       management assistance compact, any resulting agreement with such ju-
10       risdiction may be considered a supplemental agreement pursuant to ar-
11       ticle VI of that compact.
12           (d) If this state, or any other jurisdiction with which the governor
13       proposes to cooperate pursuant to subsection (c), has not enacted the
14         interstate civil defense and disaster emergency management assistance
15       compact, the governor may negotiate a special agreement with such ju-
16       risdiction. Any such agreement, if sufficient authority for the making
17       thereof does not otherwise exist, may become effective only if its text has
18       been submitted to the legislature by filing a copy thereof with the legis-
19       lative coordinating council, and neither house of the legislature has dis-
20       approved it by resolution during the next regular or emergency session of
21       the legislature after such submission.
22           Sec. 3. K.S.A. 75-3713b is hereby amended to read as follows: 75-
23       3713b. (a) By unanimous vote of all of its members, the state finance
24       council is hereby authorized and empowered to make allocations to, and
25       authorize expenditures by, the adjutant general from the state emergency
26       fund for the following purposes, subject to the limitations hereinafter
27       imposed directly or by reference:
28           (1) The payment of claims for entitlements under K.S.A. 48-265,
29       48-266, 48-267 or 48-269, and amendments thereto, which accrue to
30       members of the Kansas national guard or the Kansas state guard in ac-
31       cordance with and subject to the provisions of K.S.A. 48-261 to 48-271,
32       inclusive, and amendments thereto; and
33           (2) The payment of any expenses or other amounts required to be
34       paid which arise under the   national guard mutual emergency management
35       assistance compact in accordance with and subject to the provisions of
36         said compact and K.S.A. 48-1701 to 48-1703, inclusive, and amendments
37       thereto such compact.
38           (b) The exercise of functions specified in subsection (a) are hereby
39       declared to be matters characterized as legislative delegations. Such func-
40       tions may be exercised by the state finance council only when the legis-
41       lature is not in session and subject to the guidelines prescribed in sub-
42       section (c) of K.S.A. 75-3711c and amendments thereto.
43           Sec. 4. K.S.A. 48-930, 48-1701, 48-1702, 48-1703, 48-3201, 48-3202

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  1       and 75-3713b are hereby repealed.
  2           Sec. 5. This act shall take effect and be in force from and after its
  3       publication in the statute book.
  4      
  5