Minnesota Session Laws - 1998, Regular Session

                            CHAPTER 298-S.F.No. 2945 
                  An act relating to the military; entering into the 
                  interstate emergency management assistance compact; 
                  proposing coding for new law in Minnesota Statutes, 
                  chapter 192. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [192.89] [INTERSTATE EMERGENCY MANAGEMENT 
        ASSISTANCE COMPACT.] 
           Subdivision 1.  [ARTICLE I - PURPOSE AND AUTHORITIES.] This 
        compact is made and entered into by and between the 
        participating member states which enact this compact, 
        hereinafter called party states.  For the purposes of this 
        agreement, the term "states" is taken to mean the several 
        states, the Commonwealth of Puerto Rico, the District of 
        Columbia, and all United States territorial possessions. 
           The purpose of this compact is to provide for mutual 
        assistance between the states entering into this compact in 
        managing any emergency or disaster that is duly declared by the 
        governor of an affected state, whether arising from natural 
        disaster, technological hazard, artificially created disaster, 
        civil emergency aspects of resources shortages, community 
        disorders, insurgency, 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 receiving of aid by party states 
        or subdivisions of party states during emergencies, such actions 
        occurring outside actual declared emergency periods.  Mutual 
        assistance in this compact may 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. 
           Subd. 2.  [ARTICLE II - GENERAL IMPLEMENTATION.] Each party 
        state entering into this compact recognizes many emergencies 
        transcend political jurisdictional boundaries and that 
        intergovernmental coordination is essential in managing these 
        and other emergencies under this compact.  Each state further 
        recognizes that there will be emergencies 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 resources they may need in all types of emergencies or 
        the capability of delivering resources 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 participating states, including any resources on hand or 
        available from the federal government or any other source, 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 emergency management will be 
        responsible for formulation of the appropriate interstate mutual 
        aid plans and procedures necessary to implement this compact. 
           Subd. 3.  [ARTICLE III - PARTY STATE RESPONSIBILITIES.] (a) 
        It shall be the responsibility of each party state to formulate 
        procedural plans and programs for interstate cooperation in the 
        performance of the responsibilities listed in this subdivision.  
        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 reasonably possible, determine all those potential 
        emergencies the party states might jointly suffer, whether due 
        to natural disaster, technological hazard, artificially created 
        disaster, emergency aspects of resource shortages, civil 
        disorders, 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 any 
        potential emergency; 
           (3) develop interstate procedures to fill any identified 
        gaps and to resolve any identified inconsistencies or overlaps 
        in existing or developed plans; 
           (4) assist in warning communities adjacent or crossing the 
        state boundaries; 
           (5) protect and assure uninterrupted delivery of services, 
        medicines, water, food, energy and fuel, search and rescue, and 
        critical lifeline equipment, 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 reimbursement or forgiveness; and 
           (7) provide, to the extent authorized by law, for temporary 
        suspension of any statutes or ordinances that restrict the 
        implementation of the above responsibilities. 
           (b) The authorized representative of a party state may 
        request assistance of another party state by contacting the 
        authorized representative of that state.  The provisions of this 
        agreement 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 30 days of the verbal request.  Requests shall provide 
        the following information: 
           (1) a description of the emergency service function for 
        which assistance is needed, such as, but not limited to, fire 
        services, law enforcement, 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; 
           (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; and 
           (3) the specific place and time for staging of the 
        assisting party's response 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 appropriate representatives of the 
        party states with affected jurisdictions and the United States 
        government, with free exchange of information, plans, and 
        resource records relating to emergency capabilities. 
           Subd. 4.  [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 rendering 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 afforded 
        forces of the state in which they are performing emergency 
        services.  Emergency forces will continue under the command and 
        control of their 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 of emergency or disaster by the governor 
        of the party state that is to receive assistance or commencement 
        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 emergency or disaster remains in effect, 
        or loaned resources remain in the receiving state, whichever is 
        longer. 
           Subd. 5.  [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 licensed, 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. 
           Subd. 6.  [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; and 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 subdivision does 
        not include willful misconduct, gross negligence, or 
        recklessness. 
           Subd. 7.  [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 instrument contains elements of a broad base common to all 
        states, and nothing herein contained shall preclude any state 
        from entering into supplementary agreements with another state 
        or affect any other agreements already in force between states.  
        Supplementary agreements may comprehend, but shall not be 
        limited to, provisions for evacuation 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. 
           Subd. 8.  [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. 
           Subd. 9.  [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 provision. 
           Subd. 10.  [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 
        sufficient proportions to so warrant, shall be worked out and 
        maintained between the party states and the emergency 
        management/services directors of the various jurisdictions where 
        any type of incident requiring evacuations might occur.  Such 
        plans shall be put into effect by request of the state from 
        which evacuees come and shall include the manner of transporting 
        such evacuees; the number of evacuees to be received in 
        different areas; the manner in which food, clothing, housing, 
        and medical care will be provided; the registration of the 
        evacuees; the providing of facilities for the notification 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 receiving 
        and caring for such evacuees; for expenditures for 
        transportation, food, clothing, medicine, and medical care; and 
        like items.  Such expenditures 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. 
           Subd. 11.  [ARTICLE XI - IMPLEMENTATION.] (a) This compact 
        shall become operative immediately upon its enactment into law 
        by any two states; thereafter, this compact shall become 
        effective as to any other state upon its 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 
        supplementary agreements as may be entered into shall, at the 
        time of their approval, be deposited with each of the party 
        states and with the Federal Emergency Management Agency and 
        other appropriate agencies of the United States government. 
           Subd. 12.  [ARTICLE XII - VALIDITY.] This section shall be 
        construed to effectuate the purposes stated in Article I 
        hereof.  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 thereby. 
           Subd. 13.  [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 of the United 
        States 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 
        authorization, be prohibited under United States Code, title 18, 
        section 1385. 
           Presented to the governor March 17, 1998 
           Signed by the governor March 18, 1998, 4:30 p.m.