CHAPTER 65 SENATE BILL No. 475* An Act concerning the interstate emergency management assistance compact; authorizing
the governor to execute such compact on behalf of the state. Be it enacted by the Legislature of the State of Kansas:

      Section  1. The governor is hereby authorized to execute a compact
on behalf of this state with any other state or states legally joining therein,
in the form substantially as follows:

EMERGENCY MANAGEMENT ASSISTANCE COMPACT ARTICLE I PURPOSE AND AUTHORITIES       This compact is made and entered into by and between the partici-
pating member states, which enact this compact, hereinafter called party
states. For the purposes of this compact, the term ``state'' or ``states'' is
taken to mean the several states. The term ``federal government'' is taken
to mean the United States government and, as authorized by law, agencies
of the United States government.

      The purpose of this compact is to provide for mutual assistance be-
tween the states entering into this compact in managing any emergency
or disaster that is duly declared by the governor of the affected state,
whether arising from natural disaster, technological hazard, man-made
disaster, civil emergency aspects of resources shortages or enemy attack.

      This compact shall also provide for mutual cooperation in emergency-
related exercises, testing or other training activities using equipment and
personnel simulating performance of any aspect of the giving and receiv-
ing of aid by party states or subdivisions of party states during emergen-
cies, such actions occurring outside actual declared emergency periods.
Mutual assistance in this compact may include the use of the states' Na-
tional Guard forces, either in accordance with the National Guard mutual
assistance compact or by mutual agreement between states.

ARTICLE II GENERAL IMPLEMENTATION       Each party state entering into this compact recognizes that many emer-
gencies transcend political jurisdictional boundaries and that intergovern-
mental coordination is essential in managing these and other emergencies
under this compact. Each state further recognizes that there will be emer-
gencies which require immediate access and present procedures to apply
outside resources to make a prompt and effective response to such an
emergency. This is because few, if any, individual states have all the re-
sources they may need in all types of emergencies or the capability of
delivering resources to areas where emergencies exist.

      The prompt, full and effective utilization of resources of the partici-
pating states and, if so requested, resources on hand or available from
the federal government or its agencies, that are essential to the safety,
care, and welfare of the people in the event of any emergency or disaster
declared by a party state, shall be the underlying principle on which all
articles of this compact shall be understood.

      On behalf of the governor of each state participating in the compact,
the legally designated state official who is assigned responsibility for emer-
gency management will be responsible for formulation of the appropriate
interstate mutual aid plans and procedures necessary to implement this
compact.

ARTICLE III PARTY STATE RESPONSIBILITIES       A. It shall be the responsibility of each party state to formulate pro-
cedural plans and programs for interstate cooperation in the performance
of the responsibilities listed in this article. In formulating such plans, and
in carrying them out, the party states, insofar as practical, shall:

      1. Review individual state hazards analyses and, to the extent reason-
ably possible, determine all those potential emergencies the party states
might jointly suffer, whether due to natural disaster, technological hazard,
man-made disaster, insurgency or enemy attack;

      2. review party states' individual emergency plans and develop a plan
which will determine the mechanism for the interstate management and
provision of assistance concerning those emergencies or disasters;

      3. develop interstate procedures to fill any identified gaps and to re-
solve any identified inconsistencies or overlaps in existing or developed
plans;

      4. assist in warning communities adjacent to or crossing the state
boundaries;

      5. protect and assure uninterrupted delivery of services, medicines,
water, food, energy and fuel, search and rescue, critical lifeline equip-
ment, services and resources, both human and material;

      6. inventory and set procedures for the interstate loan and delivery
of human and material resources, together with procedures for reim-
bursement or forgiveness; and

      7. provide, to the extent authorized by law, for temporary suspension
of those statutes or ordinances that restrict the implementation of the
above responsibilities during emergencies or disasters declared by the
governor. Neither this section, nor this compact, allows for the suspension
of the bill of rights of the constitution of the state of Kansas.

      B. The authorized representative of a party state may request assis-
tance of another party state by contacting the authorized representative
of that state. The provisions of this compact shall only apply to requests
for assistance made by and to authorized representatives. Requests may
be verbal or in writing. If verbal, the request shall be confirmed in writing
within 10 days of the verbal request. Requests shall provide the following
information:

      1. A description of the emergency service function for which assis-
tance is needed, including, but not limited to, fire services, law enforce-
ment, emergency medical, transportation, communications, public works
and engineering, building inspection, planning and information assis-
tance, mass care, resource support, health and medical services and
search and rescue;

      2. the amount and type of personnel, equipment, materials and sup-
plies needed, and a reasonable estimate of the length of time they will be
needed; and

      3. the specific place and time for staging of the assisting party's re-
sponse and a point of contact at that location.

      C. There shall be frequent consultation between state officials who
have assigned emergency management responsibilities and other appro-
priate representatives of the party states with affected jurisdictions and,
if so requested, the federal government, with free exchange of informa-
tion, plans and resource records relating to emergency capabilities.

ARTICLE IV LIMITATIONS       Any party state requested to render mutual aid or conduct exercises
and training for mutual aid shall take such action as is necessary to provide
and make available the resources covered by this compact in accordance
with the terms hereof; provided that it is understood that the state ren-
dering aid may withhold resources to the extent necessary to provide
reasonable protection for such state.

      Each party state shall afford to the emergency forces of any party state,
while operating within its state limits under the terms and conditions of
this compact, the same powers, except that of arrest unless specifically
authorized by the receiving state, duties, rights and privileges as are af-
forded forces of the state in which they are performing emergency serv-
ices. Emergency forces will continue under the command and control of
their state or regular leaders, but the organizational units will come under
the operational control of the emergency services authorities of the state
receiving assistance. These conditions may be activated, as needed, only
subsequent to a declaration of a state emergency or disaster by the gov-
ernor of the party state that is to receive assistance or upon commence-
ment of exercises or training for mutual aid and shall continue so long as
the exercises or training for mutual aid are in progress, the state of emer-
gency or disaster remains in effect, or loaned resources remain in the
receiving state.

ARTICLE V LICENSES AND PERMITS       Whenever any person holds a license, certificate or other permit issued
by any state party to the compact evidencing the meeting of qualifications
for professional, mechanical or other skills, and when such assistance is
requested by the receiving party state, such person shall be deemed li-
censed, certified or permitted by the state requesting assistance to render
aid involving such skill to meet a declared emergency or disaster, subject
to such limitations and conditions as the governor of the requesting state
may prescribe by executive order or otherwise.

ARTICLE VI LIABILITY       Officers or employees of a party state rendering aid in another state
pursuant to this compact shall be considered agents of the requesting
state for tort liability and immunity purposes. No party state or its officers
or employees rendering aid in another state pursuant to this compact shall
be liable on account of any act or omission in good faith on the part of
such forces while so engaged or on account of the maintenance or use of
any equipment or supplies in connection therewith. Good faith in this
article shall not include willful misconduct, gross negligence or reckless-
ness.

ARTICLE VII SUPPLEMENTARY AGREEMENTS       Inasmuch as it is probable that the pattern and detail of the machinery
for mutual aid among two or more states may differ from that among the
states that are party hereto, this compact contains elements of a broad
base common to all states, and nothing herein shall preclude any state
entering into supplementary agreements with another state or affect any
other agreements already in force between states. Supplementary agree-
ments may comprehend, but shall not be limited to, provisions for evac-
uation and reception of injured and other persons and the exchange of
medical, fire, police, public utility, reconnaissance, welfare, transportation
and communications personnel and equipment and supplies.

ARTICLE VIII COMPENSATION       Each party state shall provide for the payment of compensation and
death benefits to injured members of the emergency forces of that state
and representatives of deceased members of such forces in case such
members sustain injuries or are killed while rendering aid pursuant to
this compact, in the same manner and on the same terms as if the injury
or death were sustained within their own state.

ARTICLE IX REIMBURSEMENT       Any party state rendering aid in another state pursuant to this compact
shall be reimbursed by the party state receiving such aid for any loss or
damage to or expense incurred in the operation of any equipment and
the provision of any service in answering a request for aid and for the
costs incurred in connection with such requests; provided, that any aiding
party state may assume in whole or in part such loss, damage, expense or
other cost, or may loan such equipment or donate such services to the
receiving party state without charge or cost; and provided further, that
any two or more party states may enter into supplementary agreements
establishing a different allocation of costs among those states. Article VIII
expenses shall not be reimbursable under this article.

ARTICLE X EVACUATION       Plans for the orderly evacuation and interstate reception of portions of
the civilian population as the result of any emergency or disaster of suf-
ficient proportions to so warrant, shall be worked out and maintained
between the party states and the emergency management service direc-
tors of the various jurisdictions where any type of incident requiring evac-
uations might occur. The civilian population has the option of relocating
on its own accord or, with help from the state, to egress from the emer-
gency or disaster areas to areas outside the emergency or disaster areas.
Such plans shall be put into effect by request of the state from which
evacuees come and shall include the manner of transporting such evac-
uees, the number of evacuees to be received in different areas, the man-
ner in which food, clothing, housing and medical care will be provided,
the registration of the evacuees, the providing of facilities for the notifi-
cation of relatives or friends, and the forwarding of such evacuees to other
areas or the bringing in of additional materials, supplies and all other
relevant factors. Such plans shall provide that the party state receiving
evacuees and the party state from which the evacuees come shall mutually
agree as to reimbursement of out-of-pocket expenses incurred in receiv-
ing and caring for such evacuees, for expenditures for transportation,
food, clothing, medicines and medical care and like items. Such expend-
itures shall be reimbursed as agreed by the party state from which the
evacuees come. After the termination of the emergency or disaster, the
party state from which the evacuees come shall assume the responsibility
for the ultimate support of repatriation of such evacuees.

ARTICLE XI IMPLEMENTATION       A. This compact shall become effective immediately upon its enact-
ment into law by any two states. Thereafter, this compact shall become
effective as to any other state upon enactment by such state.

      B. Any party state may withdraw from this compact by enacting a
statute repealing the same, but no such withdrawal shall take effect until
30 days after the governor of the withdrawing state has given notice in
writing of such withdrawal to the governors of all other party states. Such
action shall not relieve the withdrawing state from obligations assumed
hereunder prior to the effective date of withdrawal.

      C. Duly authenticated copies of this compact and of such supple-
mentary agreements as may be entered into shall, at the time of their
approval, be deposited with each of the party states, with the Federal
Emergency Management Agency and other appropriate government
agencies.

ARTICLE XII VALIDITY       This compact shall be construed to effectuate the purposes stated in
Article I. If any provision of this compact is declared unconstitutional, or
the applicability thereof to any person or circumstances is held invalid,
the constitutionality of the remainder of this compact and the applicability
thereof to other persons and circumstances shall not be affected.

ARTICLE XIII ADDITIONAL PROVISIONS       Nothing in this compact shall authorize or permit the use of military
force by the National Guard of a state at any place outside that state in
any emergency for which the president is authorized by law to call into
federal service the militia, or for any purpose for which the use of the
army or the air force would in the absence of express statutory authori-
zation be prohibited under § 1385 of Title 18 of the United States Code.

 Sec.  2. This act shall take effect and be in force from and after its
publication in the Kansas register.

Approved April 6, 2000.
 Published in the Kansas Register April 20, 2000.
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