Public Law 29-29 - An Act to ratify the Emergency Management Assistance Compact, and for other related purposes

( Felix P. Camacho Governor P .O. Box 2950 Hagiitfia, Guam 96932 TEL: (671) 472-8931 • FAX: (671) 477-4826 • EMAIL: govemor@mail.gov.gu Michael W Cruz, M .D. Lieutenant Governor The Honorable Edward J.B. Calvo Acting Speaker Mina' Bente Nuebi Na Liheslaturan Guahan 155 Hessler Street Hagatfi.a, Guam 96910 Dear Mr. Speaker: 2 5 OCT 2007 Transmitted herewith is Bill No. 133(EC), "AN ACT TO RATIFY THE EMERGENCY MANAGEMENT ASSISTANCE COMPACT, AND FOR OTHER RELATED PURPOSES", which I signed into law on October 24, 2007 as Public Law 29-29. Sinseru yan Magahet, ~ FELIX P. CAMACHO I Maga'lahen Guahan Governor of Guam Attachment: copy of Bill cc: The Honorable Ray Tenorio Senator and Legislative Secretary 1002 ) MINA' BENTE NUEBI NA LIHESLATURAN GUAHAN TWENTY-NINTH GUAM LEGISLATURE 155 Hessler Place, Hagatfia, Guam 96910 .. !?r.J.n.~n = . October 11, 2007 1 ~ 211l1 - . The Honorable Felix P. Camacho I Maga'lahen Guahan Ufisinan I Maga'lahi Hagatfia, Guam 96910 Dear Maga'lahi Camacho: . L Transmitted herewith are Bill Nos. 34(EC), 59(EC), 133(EC), 165(EC) and Substitute Bill Nos. ll0(EC) & 146(EC) which were passed by I Mina'Bente Nuebi Na Liheslaturan Guahan on October 10, 2007. Sincerely, Senator and Secretary of the Legislature Enclosures (6) Director 472-3409 Fax: 472-3510 • Chief Fiscal Officer 472-3484 • Personnel 472-3520 • Protocol 472-3499 • Archives 472-3465 • Clerk of Legislature 472-34~ I MINA'BENTE NUEBI NA LIHESLATURAN GlIAHAN 2007 (FIRST) Regular Session CERTIFICATION OF PASSAGE OF AN ACT TO I MAGA'LAHEN GUAfIAN This is to certify that Bill No. 133 (EC), "AN ACT TO RATIFY THE EMERGENCY MANAGEMENT ASSISTANCE COMPACT, AND FOR OTHER RELATED PURPOSES," was on the 10th day of October 2007, duly and regularly passed. Attested: a Tenorio ator and Secretary of the Legislature This Act was received by I Maga'lahen Guahan this J j"-f I ,p 7 -~--- o'clock 4--.M. ~tk ~ FELIX P. CAMACHO I Maga'lahen Guahan Date: 2,t od R,J-rjl Public Law No. 29-29 Edward J.B. Calvo Acting Speaker I Z-- day of O cT· 2007, at ~ Maga'lahi's Office I MINA 'BENTE NUEBI NA LIHESLATURAN GUAHAN 2007 (FIRST) Regular Session Bill No. 133 (EC) As amended. Introduced by: Frank F. Blas, Jr. James V. Espaldon R. J. Respicio Edward J.B. Calvo Mark Forbes Judith Paulette Guthertz Frank T. Ishizaki J. A. Lujan Tina Rose Mufia Barnes A. B. Palacios, Sr. v. c. pangelinan David L.G. Shimizu Ray Tenorio A. R. Unpingco J. T. Won Pat AN ACT TO RATIFY THE EMERGENCY MANAGEMENT ASSISTANCE COMPACT, AND FOR OTHER RELATED PURPOSES. 1 BE IT ENACTED BY THE PEOPLE OF GUAM: 2 3 4 5 6 7 Section 1. Section 2. Section 3. Section 4. Section 5. Legislative Statement. Title. Authorization and Approval of Emergency Management Assistance Compact. Effective Date. Severability. 8 Section 1. Legislative Statement. I Liheslaturan Guahan, the Guam 9 Legislature, finds that the Emergency Management Assistance Compact (EMAC) is a 1 1 mutual aid agreement and partnership between states that exists because, from 2 typhoons to earthquakes and from wildfires to toxic waste spills, all jurisdictions share 3 a common enemy: the constant threat of disaster. More importantly, EMAC allows 4 states and territories to assist one another during emergencies. EMAC offers a quick 5 and easy way for jurisdictions to send personnel and equipment to help disaster relief 6 efforts in other areas. There are times when state and local resources are 7 overwhelmed and federal assistance is inadequate or unavailable. Out-of-jurisdiction 8 aid through EMAC helps fill such shortfalls. 9 EMAC also establishes a firm legal foundation. Requests for EMAC assistance 10 are legally binding, contractual arrangements which makes jurisdictions that ask for 11 help responsible for reimbursing all out-of-state costs and liable for out-of-state 12 personnel. States and territories can rest assured that sending aid will not be a 13 financial or legal burden for them. EMAC provides fast and flexible assistance. 14 EMAC allows jurisdictions to ask for whatever assistance they need for any 15 emergency, from earthquakes to acts of terrorism. On the other hand, states and 16 territories are not forced to send any assistance unless they are able to. EMAC's 17 simple procedures also mean states can dispense with bureaucratic wrangling. EMAC 18 states are now joining forces and helping one another when they need it the most: 19 whenever disaster threatens. 20 Section 2. Title. This Act may be cited as the "Guam Emergency 21 Management Assistance Compact Act of 2007 (Guam EMA C 2007)." 22 Section 3. Authorization and Approval of Emergency Management 23 Assistance Compact. I Liheslaturan Guahan, the Guam Legislature, hereby 24 authorizes I Maga' lahen Guahan, the Governor of Guam, to enter into a compact on 25 behalf of the Island of Guam with any other state or territory legally joining therein, in 2 1 the form substantially as follows. The Emergency Management Assistance Compact is 2 attached and labeled as "Exhibit A," and incorporated herein. 3 Section 4. Effective Date. This Act, being deemed of immediate 4 importance, shall take effect upon its enactment. 5 Section 5. Severability. If any provision of this Act or its application to 6 any person or circumstance is found to be invalid or contrary to law, such invalidity 7 shall not affect other provisions or applications of this Act which can be given effect 8 without the invalid provisions or application, and to this end the provisions of this Act 9 are severable. 3 "EXHIBIT A." Emergency Management Assistance Compact Article I. Purposes and Authorities. Article II. General Implementation. Article III. Party State Responsibilities. Article IV. Limitations. Article V. Licenses and Permits. Article VI. Liability. Article VII. Supplementary Agreements. Article VIII. Compensation. Article IX. Reimbursement. Article X. Evacuation. Article XI. Implementation. Article XII. Validity. Article XIII. Additional Provisions. 1 "EXHIBIT A." 2 Emergency Management Assistance Compact 3 Article I. Purposes and Authorities. 4 This compact is made and entered into by and between the participating 5 member states which enact this compact, hereinafter called party states. For the 6 purposes of this agreement, the term "states" is taken to mean the several states, the 7 Commonwealth of Puerto Rico, the District of Columbia, and all U.S. territorial 8 possess10ns. 9 The purpose of this compact is to provide for mutual assistance between the 10 states entering into this compact in managing any emergency or disaster that is duly 11 declared by the governor of the affected state(s), whether arising from natural disaster, 12 technological hazard, man-made disaster, civil emergency aspects of resources 13 shortages, community disorders, insurgency, or enemy attack. 14 This compact shall also provide for mutual cooperation in emergency-related 15 exercises, testing, or other training activities using equipment and personnel 16 simulating perfonnance of any aspect of the giving and receiving of aid by party states 17 or subdivisions of party states during emergencies, such actions occurring outside 18 actual declared e111ergency periods. Mutual assistance in this compact may include the 19 use of the states' National Guard forces, either in accordance with the National Guard 20 Mutual Assistance Compact or by mutual agreement between states. 21 Article II. General Implementation. 22 Each party state entering into this compact recognizes many emergencies 23 transcend political jurisdictional boundaries and that intergovernmental coordination 24 is essential in managing these and other emergencies under this compact. Each state 25 further recognizes that there will be emergencies which require immediate access and 26 present procedures to apply outside resources to make a prompt and effective response 1 1 to such an emergency. This is because few, if any, individual states have all the 2 resources they may need in all types of emergencies or the capability of delivering 3 resources to areas where emergencies exist. 4 The prompt, full, and effective utilization of resources of the participating 5 states, including any resources on hand or available from the Federal Government or 6 any other source, that are essential to the safety, care, and welfare of the people in the 7 event of any emergency or disaster declared by a party state, shall be the underlying 8 principle on which all articles of this compact shall be understood. 9 On behalf of the governor of each state participating in the compact, the legally 10 designated state official who is assigned responsibility for emergency management 11 will be responsible for formulation of the appropriate interstate mutual aid plans and 12 procedures necessary to implement this compact. 13 Article III. Party State Responsibilities. 14 A. It shall be the responsibility of each party state to formulate procedural 15 plans and programs for interstate cooperation in the performance of the 16 responsibilities listed in this article. In formulating such plans, and in carrying them 17 out, the party states, insofar as practical, shall: 18 ( 1) Review individual state hazards analyses and, to the extent 19 reasonably possible, determine all those potential emergencies the party 20 states might jointly suffer, whether due to natural disaster, technological 21 hazard, man-made disaster, emergency aspects of resource shortages, 22 civil disorders, insurgency, or enemy attack. 23 (2) Review party states' individual emergency plans and develop 24 a plan which will detern1ine the mechanism for the interstate 25 management and provision of assistance concerning any potential 26 emergency. 2 1 (3) Develop interstate procedures to fill any identified gaps and 2 to resolve any identified inconsistencies or overlaps in existing or 3 developed plans. 4 (4) Assist in warning communities adjacent to or crossing the 5 state boundaries. 6 (5) Protect and assure uninterrupted delivery of services, 7 medicines, water, food, energy and fuel, search and rescue, and critical 8 lifeline equipment, services, and resources, both human and material. 9 (6) Inventory and set procedures for the interstate loan and 10 delivery of human and material resources, together with procedures for 11 reimbursement or forgiveness. 12 (7) Provide, to the extent authorized by law, for temporary 13 suspension of any statutes. 14 B. The authorized representative of a party state may request assistance of 15 another party state by contacting the authorized representative of that state. The 16 provisions of this agreement shall only apply to requests for assistance made by and to 17 authorized representatives. Requests may be verbal or in writing. If verbal, the request 18 shall be confim1ed in writing within 30 days of the verbal request. Requests shall 19 provide the following information: 20 ( 1) A description of the emergency service function for which 21 assistance is needed, such as but not limited to fire services, law 22 enforcement, emergency medical, transportation, communications, public 23 works and engineering, building inspection, planning and information 24 assistance, mass care, resource support, health and medical services, and 25 search and rescue. 3 1 (2) The amount and type of personnel, equipment, materials and 2 supplies needed, and a reasonable estimate of the length of time they will 3 be needed. 4 (3) The specific place and time for staging of the assisting 5 party's response and a point of contact at that location. 6 C. There shall be frequent consultation between state officials who have 7 assigned emergency management responsibilities and other appropriate 8 representatives of the party states with affected jurisdictions and the United States 9 Government, with free exchange of information, plans, and resource records relating 10 to emergency capabilities. 11 Article IV. Limitations. 12 Any party state requested to render mutual aid or conduct exercises and training 13 for mutual aid shall take such action as is necessary to provide and make available the 14 resources covered by this compact in accordance with the terms hereof; provided that 15 it is understood that the state rendering aid may withhold resources to the extent 16 necessary to provide reasonable protection for such state. Each party state shall afford 17 to the emergency forces of any party state, while operating within its state limits under 18 the terms and conditions of this compact, the same powers ( except that of arrest unless 19 specifically authorized by the receiving state), duties, rights, and privileges as are 20 afforded forces of the state in which they are performing emergency services. 21 Emergency forces will continue under the command and control of their regular 22 leaders, but the organizational units will come under the operational control of the 23 emergency services authorities of the state receiving assistance. These conditions may 24 be activated, as needed, only subsequent to a declaration of a state of emergency or 25 disaster by the governor of the party state that is to receive assistance or 26 commencement of exercises or training for mutual aid and shall continue so long as 4 1 the exercises or training for mutual aid are in progress, the state of emergency or 2 disaster remains in effect or loaned resources remain in the receiving state(s), 3 whichever is longer. 4 Article V. Licenses and Permits. 5 Whenever any person holds a license, certificate, or other permit issued by any 6 state party to the compact evidencing the meeting of qualifications for professional, 7 mechanical, or other skills, and when such assistance is requested by the receiving 8 party state, such person shall be deemed licensed, certified, or permitted by the state 9 requesting assistance to render aid involving such skill to meet a declared emergency 10 or disaster, subject to such limitations and conditions as the governor of the requesting 11 state may prescribe by executive order or otherwise. 12 Article VI. Liability. 13 Officers or employees of a party state rendering aid in another state pursuant to 14 this compact shall be considered agents of the requesting state for tort liability and 15 immunity purposes; and no party state or its officers or employees rendering aid in 16 another state pursuant to this compact shall be liable on account of any act or omission 17 in good faith on the part of such forces while so engaged or on account of the 18 maintenance or use of any equipment or supplies in connection therewith. Good faith 19 in this article shall not include willful misconduct, gross negligence, or recklessness. 20 Article VII. Supplementary Agreements. 21 Inasmuch as it is probable that the pattern and detail of the machinery for 22 mutual aid among two or more states may differ from that among the states that are 23 party hereto, this instrument contains elements of a broad base common to all states, 24 and nothing herein contained shall preclude any state from entering into 25 supplementary agreements with another state or affect any other agreements already in 26 force between states. Supplementary agreements may comprehend, but shall not be 5 1 limited to, provisions for evacuation and reception of injured and other persons and 2 the exchange of medical, fire, police, public utility, reconnaissance, welfare, 3 transportation and communications personnel, and equipment and supplies. 4 Article VIII. Compensation. 5 Each party state shall provide for the payment of compensation and death 6 benefits to injured members of the emergency forces of that state and representatives 7 of deceased members of such forces in case such members sustain injuries or are 8 killed while rendering aid pursuant to this compact, in the same manner and on the 9 same terms as if the injury or death were sustained within their own state. 10 Article IX. Reimbursement. 11 Any party state rendering aid in another state pursuant to this compact shall be 12 reimbursed by the party state receiving such aid for any loss or damage to or expense 13 incurred in the operation of any equipment and the provision of any service in 14 answering a request for aid and for the costs incurred in connection with such 15 requests; provided, that any aiding party state may assume in whole or in part such 16 loss, damage, expense, or other cost, or may loan such equipment or donate such 17 services to the receiving party state without charge or cost; and provided further, that 18 any two or more party states may enter into supplementary agreements establishing a 19 different allocation of costs among those states. Article VIII expenses shall not be 20 reimbursable under this provision. 21 Article X. Evacuation. 22 Plans for the orderly evacuation and interstate reception of portions of the 23 civilian population as the result of any emergency or disaster of sufficient proportions 24 to so warrant, shal I be worked out and maintained between the party states and the 25 emergency management/services directors of the various jurisdictions where any type 26 of incident requiring evacuations might occur. Such plans shall be put into effect by 6 1 request of the state from which evacuees come and shall include the manner of 2 transporting such evacuees, the number of evacuees to be received in different areas, 3 the manner in which food, clothing, housing, and medical care will be provided, the 4 registration of the evacuees, the providing of facilities for the notification of relatives 5 or friends, and the forwarding of such evacuees to other areas or the bringing in of 6 additional materials, supplies, and all other relevant factors. Such plans shall provide 7 that the party state receiving evacuees and the party state from which the evacuees 8 come shall mutually agree as to reimbursement of out-of-pocket expenses incurred in 9 receiving and caring for such evacuees, for expenditures for transportation, food, 10 clothing, medicines and medical care, and like items. Such expenditures shall be 11 reimbursed as agreed by the party state from which the evacuees come. After the 12 termination of the emergency or disaster, the party state from which the evacuees 13 come shall assume the responsibility for the ultimate support of repatriation of such 14 evacuees. 15 16 A. Article XI. Implementation. This compact shall become operative immediately upon its enactment 17 into law by any tvvo (2) states; thereafter, this compact shall become effective as to 18 any other state upon its enactment by such state. 19 B. Any party state may withdraw from this Compact by enacting a statute 20 repealing the same, but no such withdrawal shall take effect until 30 days after the 21 governor of the withdrawing state has given notice in writing of such withdrawal to 22 the governors of all other party states. Such action shall not relieve the withdrawing 23 state from obligations assumed hereunder prior to the effective date of withdrawal. 24 C. Duly ~rnthenticated copies of this compact and of such supplementary 25 agreements as may be entered into shall, at the time of their approval, be deposited 7 1 with each of the party states and with the Federal Emergency Management Agency 2 and other appropriate agencies of the United States Government. 3 Article XII. Validity. 4 This Act shall be constn1ed to effectuate the purposes stated in Article I hereof. 5 If any provision of this compact is declared unconstitutional, or the applicability 6 thereof to any person or circumstances is held invalid, the constitutionality of the 7 remainder of this Act and the applicability thereof to other persons and circumstances 8 shall not be affected thereby. 9 Article XIII. Additional Provisions. 10 Nothing in this compact shall authorize or permit the use of military force by 11 the National Guard of a state at any place outside that state in any emergency for 12 which the President is authmized by law to call into federal service the militia, or for 13 any purpose for which the use of the Anny or the Air Force would in the absence of 14 express statutory authorization be prohibited under Section 1385 of title 18, United 15 States Code. 8