SB119: Bill Text

LRB-1685/1

RPN:sac:rs

2013 - 2014 LEGISLATURE

2013 Senate BILL 119

April 1, 2013 - Introduced by Senators Petrowski, Carpenter, Harsdorf, Lassa, Miller, Olsen, Schultz and L. Taylor, cosponsored by Representatives Petryk, Bies, Berceau, Bernard Schaber, Bernier, Brooks, Endsley, Jacque, Kahl, Nerison, A. Ott, Ringhand, Sinicki, Stone and Strachota, by request of Department of Military Affairs. Referred to Committee on Transportation, Public Safety, and Veterans and Military Affairs.

SB119,1,3 An Act to amend subchapter VIII (title) of chapter 323 [precedes 323.80]; and to create 323.81 of the statutes; relating to: ratification of the state and province 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:

SB119,1 Section 1. Subchapter VIII (title) of chapter 323 [precedes 323.80] of the statutes is amended to read:

SB119,2,3 CHAPTER 323

SB119,2,4 SUBCHAPTER VIII

SB119,2,6 EMERGENCY MANAGEMENT ASSISTANCE COMPACT Compacts

SB119,2 Section 2. 323.81 of the statutes is created to read:

SB119,2,10 323.81 State and Province Emergency Management Assistance Compact. The following compact, by and between the state of Wisconsin and all other jurisdictions that enter into the compact, is ratified and approved:

SB119,2,11 (1) Article I - Purpose and Authorities.

SB119,3,12 (a) The State and Province Emergency Management Assistance Memorandum of Understanding, hereinafter referred to as the "compact," is made and entered into by and among such of the jurisdictions as shall enact or adopt this compact, hereinafter referred to as "participating jurisdictions." For the purposes of this compact, the term "participating jurisdictions" may include any or all of the states of Illinois, Indiana, Ohio, Michigan, Minnesota, Montana, North Dakota, Pennsylvania, New York, and Wisconsin, and the Canadian Provinces of Alberta, Manitoba, Ontario, and Saskatchewan, and such other states and provinces as may hereafter become a party to this compact. The term "states" means the several states, the Commonwealth of Puerto Rico, the District of Columbia, and all territorial possessions of the United States. The term "provinces" means the 10 political units of government within Canada.

SB119,3,17 (b) The purpose of this compact is to provide for the possibility of mutual assistance among the participating jurisdictions in managing any emergency or disaster when the affected jurisdiction or jurisdictions ask for assistance, whether arising from natural disaster, technological hazard, man-made disaster, or civil emergency aspects of resources shortages.

SB119,3,24 (c) This compact also provides for the process of planning mechanisms among the participating jurisdictions responsible and for mutual cooperation, including civil emergency preparedness exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by participating jurisdictions or subdivisions of participating jurisdictions during emergencies, with such actions occurring outside emergency periods.

SB119,3,25 (2) Article II - General Implementation.

SB119,4,8 (a) Each participating jurisdiction entering into this compact recognizes that many emergencies may exceed the capabilities of a participating jurisdiction and that intergovernmental cooperation is essential in such circumstances. Each participating jurisdiction further recognizes that there will be emergencies that may require immediate access and present procedures to apply outside resources to make a prompt and effective response to such an emergency because few, if any, individual jurisdictions have all the resources they need in all types of emergencies or the capability of delivering resources to areas where emergencies exist.

SB119,4,14 (b) On behalf of the participating jurisdictions in the compact, the legally designated official who is assigned responsibility for emergency management is responsible for formulation of the appropriate interjurisdictional mutual aid plans and procedures necessary to implement this compact, and for recommendations to the participating jurisdiction concerned with respect to the amendment of any statutes, regulations, or ordinances required for that purpose.

SB119,4,15 (3) Article III - Participating Jurisdiction Responsibilities.

SB119,4,20 (a) It is the responsibility of each participating jurisdiction to formulate procedural plans and programs for interjurisdictional cooperation in the performance of the responsibilities listed in this section. In formulating and implementing such plans and programs the participating jurisdictions, to the extent practical, may do any of the following:

SB119,4,24 1. Share and review individual jurisdiction hazards analyses that are available and determine all those potential emergencies the participating jurisdictions might jointly suffer, whether due to natural disaster, technological hazard, man-made disaster, or emergency aspects of resource shortages.

SB119,5,2 2. Share emergency operations plans, procedures, and protocols established by each of the participating jurisdictions before entering into this compact.

SB119,5,4 3. Share policies and procedures for resource mobilization, tracking, demobilization, and reimbursement.

SB119,5,5 4. Consider joint planning, training, and exercises.

SB119,5,7 5. Assist with alerts, notifications, and warnings for communities adjacent to or crossing participating jurisdiction boundaries.

SB119,5,12 6. Consider procedures to facilitate the movement of evacuees, refugees, civil emergency personnel, equipment, or other resources into jurisdictions or across boundaries, or to a designated staging area when it is agreed that such movement or staging will facilitate civil emergency operations by the affected or participating jurisdictions.

SB119,5,15 7. Provide, to the extent authorized by law, for temporary suspension of any statutes or ordinances that impede the implementation of responsibilities described in this section.

SB119,5,21 (b) The authorized representative of a participating jurisdiction may request assistance of another participating jurisdiction by contacting the authorized representative of that jurisdiction. These provisions only apply to requests for assistance made by and to authorized representatives. Requests may be oral or in writing. If oral, the request must be confirmed in writing within 15 days of the oral request. Requests must provide all of the following information:

SB119,6,2 1. A description of the emergency service function for which assistance is needed and of the mission, including fire services, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue.

SB119,6,4 2. The amount and type of personnel, equipment, materials, and supplies needed and a reasonable estimate of the length of time they will be needed.

SB119,6,6 3. The specific place and time for staging of the assisting participating jurisdictions' response and a point of contact at the location.

SB119,6,8 (c) There shall be periodic consultation among the authorized representatives who have assigned emergency management responsibilities.

SB119,7,4 (4) Article IV - Limitation. It is recognized that any participating jurisdiction that agrees to render mutual aid or conduct exercises and training for mutual aid will respond as soon as possible. It is also recognized that the participating jurisdiction rendering aid may withhold or recall resources to provide reasonable protection for itself, at its discretion. To the extent authorized by law, each participating jurisdiction will afford to the personnel of the emergency contingent of any other participating jurisdiction while operating within its jurisdiction limits under the terms and conditions of this compact and under the operational control of an officer of the requesting participating jurisdiction the same treatment as is afforded similar or like human resources of the participating jurisdiction in which they are performing emergency services. Staff comprising the emergency contingent continue under the command and control of their regular leaders but the organizational units come under the operational control of the emergency services authorities of the participating jurisdiction receiving assistance. These conditions may be activated, as needed, by the participating jurisdiction that is to receive assistance or upon commencement of exercises or training for mutual aid and continue as long as the exercises or training for mutual aid are in progress, the emergency or disaster remains in effect or loaned resources remain in the receiving participating jurisdictions, whichever is longer. The receiving participating jurisdiction is responsible for informing the assisting participating jurisdiction when services will no longer be required.

SB119,7,12 (5) Article V - Licenses, Certificates, and Permits. Whenever a person holds a license, certificate, or other permit issued by any participating jurisdiction evidencing the meeting of qualifications for professional, mechanical, or other skills, and when such assistance is requested by the receiving participating jurisdiction, such person is deemed to be licensed, certified, or permitted by the jurisdiction requesting assistance to render aid involving such skill to meet an emergency or disaster, subject to such limitations and conditions as the requesting jurisdiction prescribes by executive order or otherwise.

SB119,7,20 (6) Article VI - Liability. Any person or entity of a participating jurisdiction rendering aid in another jurisdiction under this compact is considered an agent of the requesting jurisdiction for tort liability and immunity purposes. Any person or entity rendering aid in another jurisdiction under this compact is not liable on account of any act or omission made 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 does not include willful misconduct, gross negligence, or recklessness.

SB119,8,6 (7) Article VII - Supplementary Agreements. Because it is probable that the pattern and detail of the compact for mutual aid among 2 or more participating jurisdictions may differ from that among the participating jurisdictions that are party to this compact, this compact contains elements of a broad base common to all participating jurisdictions, and nothing in this compact precludes any participating jurisdiction from entering into supplementary agreements with another jurisdiction or affects any other agreements already in force among participating jurisdictions. Supplementary agreements may include provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, public utility, reconnaissance, welfare, transportation and communications personnel, equipment, and supplies.

SB119,8,13 (8) Article VIII - Worker's Compensation and Death Benefits. Each participating jurisdiction shall provide, in accordance with its own laws, for the payment of worker's compensation and death benefits to injured members of the emergency contingent of that participating jurisdiction and to representatives of deceased members of that emergency contingent if the members sustain injuries or are killed while rendering aid under this compact, in the same manner and on the same terms as if the injury or death were sustained within their own jurisdiction.

SB119,8,24 (9) Article IX - Reimbursement. Any participating jurisdiction rendering aid in another jurisdiction under this compact shall, if requested, be reimbursed by the participating jurisdiction 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 those requests. An aiding participating jurisdiction may assume in whole or in part any such loss, damage, expense, or other cost or may loan such equipment or donate such services to the receiving participating jurisdiction without charge or cost. Any 2 or more participating jurisdictions may enter into supplementary agreements establishing a different allocation of costs among those jurisdictions. Expenses under article VIII are not reimbursable under this section.

SB119,8,25 (10) Article X - Implementation.

SB119,9,5 (a) This compact is effective upon its execution or adoption by any one state and one province, and is effective as to any other jurisdiction upon its execution or adoption thereby: subject to approval or authorization by the U.S. Congress, if required, and subject to enactment of provincial or state legislation that may be required for the effectiveness of the compact.