LRB-1148/2
RPN:sac:rs
2013 - 2014 LEGISLATURE
April 4, 2013 - Introduced by Representatives Petryk, Bies, Berceau, Bernard
Schaber
, Bernier, Brooks, Jacque, Kahl, A. Ott, Sinicki, Stone, Strachota,
Endsley, Nerison and Ringhand, cosponsored by Senators Petrowski,
Carpenter, Harsdorf, Lassa, Olsen, L. Taylor, Miller and Schultz. Referred
to Committee on Public Safety and Homeland Security.
AB136,1,3 1An Act to amend subchapter VIII (title) of chapter 323 [precedes 323.80]; and
2to create 323.81 of the statutes; relating to: ratification of the state and
3province emergency management assistance compact.
Analysis by the Legislative Reference Bureau
This bill ratifies a compact between several states and provinces of Canada that
would provide for the possibility of mutual assistance in managing an emergency or
disaster. Currently, the compact is being considered by Illinois, Indiana, Ohio,
Michigan, Minnesota, Montana, North Dakota, Pennsylvania, New York, and
Wisconsin and the Canadian provinces of Alberta, Manitoba, Ontario, and
Saskatchewan. The compact allows other states and provinces to ratify the compact.
Under the compact, participating members may cooperate in preparedness
exercises, testing, and training activities related to emergency management. Each
member is required to designate a person responsible for formulating mutual aid
plans and procedures necessary to implement the compact in his or her jurisdiction.
The procedures must include the sharing the available hazards analyses of the
potential emergencies that the participating members might jointly suffer,
emergency operational plans the members established before entering into the
compact, and policies for resource mobilization, tracking, and reimbursement.
Participating members are required to assist with alerts and warnings to
communities adjacent to or crossing the members' jurisdictional boundaries and
provide for the movement of evacuees, refugees, and emergency personnel and
equipment across their jurisdictional boundaries.

The compact allows for the temporary suspension, to the extent authorized by
law, of statutes or ordinances that impede the response to an emergency or disaster.
Under the compact, the authorized representative of a participating member may
request assistance from another member of the compact orally or in writing,
specifying the emergency for which assistance is needed, the personnel, materials,
and equipment needed, and the expected length of time the assistance is needed.
Compact members agree to respond to the request for assistance as soon as
possible, but the compact allows a member to withhold or withdraw resources to
protect its own jurisdiction. Under the compact, a person from the jurisdiction
rendering aid is considered an agent of the requesting jurisdiction for purposes of tort
liability or immunity. Immunity is provided under the compact for persons rendering
aid for any act or omission made in good faith for maintenance or use of any
equipment or supplies while rendering aid.
If a person from a member jurisdiction that is responding to a request for
assistance has a license, permit or certificate evidencing a professional, mechanical,
or other skill, that person may use those skills in the response to the emergency
without obtaining a license, permit, or certificate in the assisted jurisdiction. If
requested by the jurisdiction providing assistance under the compact, the
jurisdiction that provided assistance shall be reimbursed for loss or expense incurred
in provision of assistance. Participating jurisdictions may enter into agreements
that specify the allocation of costs among those jurisdictions.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB136,1 1Section 1. Subchapter VIII (title) of chapter 323 [precedes 323.80] of the
2statutes is amended to read:
AB136,2,33 CHAPTER 323
AB136,2,44 SUBCHAPTER VIII
AB136,2,65 EMERGENCY MANAGEMENT
6 ASSISTANCE COMPACT Compacts
AB136,2 7Section 2. 323.81 of the statutes is created to read:
AB136,2,10 8323.81 State and Province Emergency Management Assistance
9Compact.
The following compact, by and between the state of Wisconsin and all
10other jurisdictions that enter into the compact, is ratified and approved:
AB136,2,11 11(1) Article I - Purpose and Authorities.
AB136,3,12
1(a) The State and Province Emergency Management Assistance Memorandum
2of Understanding, hereinafter referred to as the "compact," is made and entered into
3by and among such of the jurisdictions as shall enact or adopt this compact,
4hereinafter referred to as "participating jurisdictions." For the purposes of this
5compact, the term "participating jurisdictions" may include any or all of the states
6of Illinois, Indiana, Ohio, Michigan, Minnesota, Montana, North Dakota,
7Pennsylvania, New York, and Wisconsin, and the Canadian Provinces of Alberta,
8Manitoba, Ontario, and Saskatchewan, and such other states and provinces as may
9hereafter become a party to this compact. The term "states" means the several
10states, the Commonwealth of Puerto Rico, the District of Columbia, and all territorial
11possessions of the United States. The term "provinces" means the 10 political units
12of government within Canada.
AB136,3,1713 (b) The purpose of this compact is to provide for the possibility of mutual
14assistance among the participating jurisdictions in managing any emergency or
15disaster when the affected jurisdiction or jurisdictions ask for assistance, whether
16arising from natural disaster, technological hazard, man-made disaster, or civil
17emergency aspects of resources shortages.
AB136,3,2418 (c) This compact also provides for the process of planning mechanisms among
19the participating jurisdictions responsible and for mutual cooperation, including
20civil emergency preparedness exercises, testing, or other training activities using
21equipment and personnel simulating performance of any aspect of the giving and
22receiving of aid by participating jurisdictions or subdivisions of participating
23jurisdictions during emergencies, with such actions occurring outside emergency
24periods.
AB136,3,25 25(2) Article II - General Implementation.
AB136,4,8
1(a) Each participating jurisdiction entering into this compact recognizes that
2many emergencies may exceed the capabilities of a participating jurisdiction and
3that intergovernmental cooperation is essential in such circumstances. Each
4participating jurisdiction further recognizes that there will be emergencies that may
5require immediate access and present procedures to apply outside resources to make
6a prompt and effective response to such an emergency because few, if any, individual
7jurisdictions have all the resources they need in all types of emergencies or the
8capability of delivering resources to areas where emergencies exist.
AB136,4,149 (b) On behalf of the participating jurisdictions in the compact, the legally
10designated official who is assigned responsibility for emergency management is
11responsible for formulation of the appropriate interjurisdictional mutual aid plans
12and procedures necessary to implement this compact, and for recommendations to
13the participating jurisdiction concerned with respect to the amendment of any
14statutes, regulations, or ordinances required for that purpose.
AB136,4,15 15(3) Article III - Participating Jurisdiction Responsibilities.
AB136,4,2016 (a) It is the responsibility of each participating jurisdiction to formulate
17procedural plans and programs for interjurisdictional cooperation in the
18performance of the responsibilities listed in this section. In formulating and
19implementing such plans and programs the participating jurisdictions, to the extent
20practical, may do any of the following:
AB136,4,2421 1. Share and review individual jurisdiction hazards analyses that are available
22and determine all those potential emergencies the participating jurisdictions might
23jointly suffer, whether due to natural disaster, technological hazard, man-made
24disaster, or emergency aspects of resource shortages.
AB136,5,2
12. Share emergency operations plans, procedures, and protocols established by
2each of the participating jurisdictions before entering into this compact.
AB136,5,43 3. Share policies and procedures for resource mobilization, tracking,
4demobilization, and reimbursement.
AB136,5,55 4. Consider joint planning, training, and exercises.
AB136,5,76 5. Assist with alerts, notifications, and warnings for communities adjacent to
7or crossing participating jurisdiction boundaries.
AB136,5,128 6. Consider procedures to facilitate the movement of evacuees, refugees, civil
9emergency personnel, equipment, or other resources into jurisdictions or across
10boundaries, or to a designated staging area when it is agreed that such movement
11or staging will facilitate civil emergency operations by the affected or participating
12jurisdictions.
AB136,5,1513 7. Provide, to the extent authorized by law, for temporary suspension of any
14statutes or ordinances that impede the implementation of responsibilities described
15in this section.
AB136,5,2116 (b) The authorized representative of a participating jurisdiction may request
17assistance of another participating jurisdiction by contacting the authorized
18representative of that jurisdiction. These provisions only apply to requests for
19assistance made by and to authorized representatives. Requests may be oral or in
20writing. If oral, the request must be confirmed in writing within 15 days of the oral
21request. Requests must provide all of the following information:
AB136,6,222 1. A description of the emergency service function for which assistance is
23needed and of the mission, including fire services, emergency medical,
24transportation, communications, public works and engineering, building inspection,

1planning and information assistance, mass care, resource support, health and
2medical services, and search and rescue.
AB136,6,43 2. The amount and type of personnel, equipment, materials, and supplies
4needed and a reasonable estimate of the length of time they will be needed.
AB136,6,65 3. The specific place and time for staging of the assisting participating
6jurisdictions' response and a point of contact at the location.
AB136,6,87 (c) There shall be periodic consultation among the authorized representatives
8who have assigned emergency management responsibilities.
AB136,7,4 9(4) Article IV - Limitation. It is recognized that any participating jurisdiction
10that agrees to render mutual aid or conduct exercises and training for mutual aid will
11respond as soon as possible. It is also recognized that the participating jurisdiction
12rendering aid may withhold or recall resources to provide reasonable protection for
13itself, at its discretion. To the extent authorized by law, each participating
14jurisdiction will afford to the personnel of the emergency contingent of any other
15participating jurisdiction while operating within its jurisdiction limits under the
16terms and conditions of this compact and under the operational control of an officer
17of the requesting participating jurisdiction the same treatment as is afforded similar
18or like human resources of the participating jurisdiction in which they are
19performing emergency services. Staff comprising the emergency contingent
20continue under the command and control of their regular leaders but the
21organizational units come under the operational control of the emergency services
22authorities of the participating jurisdiction receiving assistance. These conditions
23may be activated, as needed, by the participating jurisdiction that is to receive
24assistance or upon commencement of exercises or training for mutual aid and
25continue as long as the exercises or training for mutual aid are in progress, the

1emergency or disaster remains in effect or loaned resources remain in the receiving
2participating jurisdictions, whichever is longer. The receiving participating
3jurisdiction is responsible for informing the assisting participating jurisdiction when
4services will no longer be required.
AB136,7,12 5(5) Article V - Licenses, Certificates, and Permits. Whenever a person holds
6a license, certificate, or other permit issued by any participating jurisdiction
7evidencing the meeting of qualifications for professional, mechanical, or other skills,
8and when such assistance is requested by the receiving participating jurisdiction,
9such person is deemed to be licensed, certified, or permitted by the jurisdiction
10requesting assistance to render aid involving such skill to meet an emergency or
11disaster, subject to such limitations and conditions as the requesting jurisdiction
12prescribes by executive order or otherwise.
AB136,7,20 13(6) Article VI - Liability. Any person or entity of a participating jurisdiction
14rendering aid in another jurisdiction under this compact is considered an agent of
15the requesting jurisdiction for tort liability and immunity purposes. Any person or
16entity rendering aid in another jurisdiction under this compact is not liable on
17account of any act or omission made in good faith on the part of such forces while so
18engaged or on account of the maintenance or use of any equipment or supplies in
19connection therewith. Good faith in this article does not include willful misconduct,
20gross negligence, or recklessness.
AB136,8,6 21(7) Article VII - Supplementary Agreements. Because it is probable that the
22pattern and detail of the compact for mutual aid among 2 or more participating
23jurisdictions may differ from that among the participating jurisdictions that are
24party to this compact, this compact contains elements of a broad base common to all
25participating jurisdictions, and nothing in this compact precludes any participating

1jurisdiction from entering into supplementary agreements with another jurisdiction
2or affects any other agreements already in force among participating jurisdictions.
3Supplementary agreements may include provisions for evacuation and reception of
4injured and other persons and the exchange of medical, fire, public utility,
5reconnaissance, welfare, transportation and communications personnel, equipment,
6and supplies.
AB136,8,13 7(8) Article VIII - Worker's Compensation and Death Benefits. Each
8participating jurisdiction shall provide, in accordance with its own laws, for the
9payment of worker's compensation and death benefits to injured members of the
10emergency contingent of that participating jurisdiction and to representatives of
11deceased members of that emergency contingent if the members sustain injuries or
12are killed while rendering aid under this compact, in the same manner and on the
13same terms as if the injury or death were sustained within their own jurisdiction.
AB136,8,24 14(9) Article IX - Reimbursement. Any participating jurisdiction rendering aid
15in another jurisdiction under this compact shall, if requested, be reimbursed by the
16participating jurisdiction receiving such aid for any loss or damage to, or expense
17incurred in, the operation of any equipment and the provision of any service in
18answering a request for aid and for the costs incurred in connection with those
19requests. An aiding participating jurisdiction may assume in whole or in part any
20such loss, damage, expense, or other cost or may loan such equipment or donate such
21services to the receiving participating jurisdiction without charge or cost. Any 2 or
22more participating jurisdictions may enter into supplementary agreements
23establishing a different allocation of costs among those jurisdictions. Expenses
24under article VIII are not reimbursable under this section.
AB136,8,25 25(10) Article X - Implementation.
AB136,9,5
1(a) This compact is effective upon its execution or adoption by any one state and
2one province, and is effective as to any other jurisdiction upon its execution or
3adoption thereby: subject to approval or authorization by the U.S. Congress, if
4required, and subject to enactment of provincial or state legislation that may be
5required for the effectiveness of the compact.
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