SESSION OF 2000



SUPPLEMENTAL NOTE ON SENATE BILL NO. 475



As Amended by House Committee on

Federal and State Affairs





Brief (1)



The bill would authorize the Governor to enter into an interstate compact entitled the "Emergency Management Assistance Compact." The purpose of the compact would be to enable participating states to provide mutual assistance in managing any emergency or disaster declared by the Governor of the affected state. Those disasters covered by the compact would include natural disasters, technological hazards, man-made disasters, civil emergency aspects of resource shortages, or enemy attack. The compact also would provide for mutual cooperation in emergency-related exercises, testing, or other training activities. Mutual assistance covered by the compact would include the use of the states' National Guard forces, either in accordance with the National Guard Mutual Assistance Compact or by mutual agreement between states.



The compact would require member states to respond to requests for assistance from other participating states. However, the responding state would be able to withhold resources to the extent necessary to provide for its reasonable protection. States rendering aid would be entitled to reimbursement from recipient states.



The bill would become effective upon publication in the Kansas Register.







Background



Congress authorized the Emergency Management Assistance Compact in 1996 (P.L.104-321). At the time of Congressional authorization, 13 states had entered into the compact. Since then, 17 states have entered the compact. Three of the four states contiguous to Kansas are part of the compact: Missouri, Nebraska, and Oklahoma.



At the hearing before the Senate Committee on Federal and State Affairs, the Adjutant General explained the compact and presented testimony in support of Kansas participation. The Secretary of the Kansas Emergency Management Association also presented testimony in support of the compact. No opponents presented testimony to the Senate Committee. The same proponents appeared in support of the bill before the House Committee on Federal and State Affairs.



The Senate Committee amended the bill to reduce the length of time for written confirmation of a verbal request for assistance from 30 to 10 days and to make the bill effective upon publication in the Kansas Register.



The House Committee amended the bill to delete "community disorders" and "insurgency" from the listing of the types of emergencies or disasters to which the compact would apply.



The Division of the Budget's fiscal note for the bill states that the bill would have a fiscal impact only if a disaster in Kansas brought the Compact into action. The fiscal impact would result from the requirement for reimbursement of assisting states. The FY 2001 Governor's Budget Report does not include a recommendation regarding any such expenditure.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html