SB3087 HD2

SECTION 1. The legislature finds that the Emergency Management Assistance Compact, currently codified under chapter 128F, Hawaii Revised Statutes, should be moved into the emergency management series of the Hawaii Revised Statutes to provide concise, logical organization to the emergency management laws of the State.

The purpose of this Act is to adopt the Emergency Management Assistance Compact in a new chapter of the Hawaii Revised Statutes.

SECTION 2. Title 10, Hawaii Revised Statutes, is amended by adding a new chapter to be designated Chapter 127B and to read as follows:

"CHAPTER 127B

Emergency Management Assistance Compact

§127B-1 Short title. This chapter may be cited as the Emergency Management Assistance Compact.

§127B-2 Terms and provisions of compact. The legislature hereby authorizes the governor to enter into a compact on behalf of the State with any other state legally joining therein, in the form substantially as follows:

Emergency Management Assistance Compact

Article I. Purpose and Authorities

This compact is made and entered into by and between the participating member states that enact this compact, hereinafter called party states. For the purposes of this compact, 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 party states in managing any emergency or disaster that is duly declared by the governor of the affected party state, whether arising from natural disaster, technological hazard, manmade disaster, civil emergency aspects of resources shortages, community disorders, insurgency, or enemy attack.

This compact shall also provide for mutual cooperation in emergency- or disaster-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 or disasters, those actions occurring outside actual declared emergency or disaster periods. Mutual assistance in this compact may include the use of the party states' national guard forces, either in accordance with the National Guard Mutual Assistance Compact or by mutual agreement between party states.

Article II. General Implementation

Each party state recognizes that many emergencies and disasters transcend political jurisdictional boundaries and that intergovernmental coordination is essential in managing these and other emergencies or disasters under this compact. Each party state further recognizes that there will be emergencies or disasters that require immediate access and present procedures to apply outside resources to make a prompt and effective response to such an emergency or a disaster. This is because few, if any, individual states have all the resources they may need in all types of emergencies or disasters or the capability of delivering resources to areas where emergencies or disasters exist.

The prompt, full, and effective utilization of resources of the participating party 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 upon which all articles of this compact shall be understood.

On behalf of the governor of each party state, the legally designated state official who is assigned responsibility for emergency management shall be responsible for formulation of the appropriate interstate mutual aid plans and procedures necessary to implement this compact.

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 article. In formulating these plans, and in carrying them out, the party states, insofar as practical, shall:

(1) Review individual party state hazards analyses and, to the extent reasonably possible, determine all those potential emergencies or disasters the party states might jointly suffer, whether due to natural disaster, technological hazard, manmade disaster, civil emergency aspects of resources shortages, community disorders, insurgency, or enemy attack;

(2) Review party states' individual emergency or disaster plans and develop a plan that will determine the mechanism for the interstate management and provision of assistance concerning any potential emergency or disaster;

(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 to or crossing the party 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 responsibilities enumerated above.

(b) The authorized representative of a party state may request assistance of another party state by contacting the authorized representative of that party state. The provisions of this compact 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 thirty days of the verbal request. Requests shall provide the following information:

(1) A description of the emergency service function for which assistance is needed, including 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 state'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.

Article IV. Limitations

Any party state requested to render mutual aid or conduct exercises and training for mutual aid shall take 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 party state rendering aid may withhold resources to the extent necessary to provide reasonable protection for that party 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 party state; duties; rights; and privileges as are afforded forces of the party state in which they are performing emergency services. Emergency forces shall continue under the command and control of their regular leaders, but the organizational units shall come under the operational control of the emergency services authorities of the party 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 upon 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 party state, whichever is longest.

Article V. Licenses and Permits

Whenever any person holds a license, certificate, or other permit issued by any party state evidencing the meeting of qualifications for professional, mechanical, or other skills, and when applicable assistance is requested by the receiving party state, that person shall be deemed licensed, certified, or permitted by the party state requesting assistance to render aid involving that skill to meet a declared emergency or disaster, subject to limitations and conditions as the governor of the requesting party state may prescribe by executive order or otherwise.

Article VI. Liability

Officers or employees of a party state rendering aid in another party state pursuant to this compact shall be considered agents of the requesting party state for tort liability and immunity purposes. No party state or its officers or employees rendering aid in another party state pursuant to this compact shall be liable on account of any act or omission in good faith on the part of those 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 shall not include wilful misconduct, gross negligence, or recklessness.

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 compact contains elements of a broad base common to all states, and nothing contained in this compact 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.

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 those forces in case 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 was sustained within its own state.

Article IX. Reimbursement

Any party state rendering aid in another party state pursuant to this compact shall be reimbursed by the party state receiving 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; provided that any aiding party state may assume in whole or in part any loss, damage, expense, or other cost, or may loan equipment or donate services to the receiving party state without charge or cost; provided further that any two or more party states may enter into supplementary agreements establishing a different allocation of costs among those party states. Article VIII expenses shall not be reimbursable under this article.

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 or services directors of the various jurisdictions where any type of incident requiring evacuations might occur. Those plans shall be put into effect by request of the party state from which evacuees come and shall include the manner of transporting the 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 the evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. The 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 the evacuees, for expenditures for transportation, food, clothing, medicines, and medical care, and like items. The 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 the evacuees.

Article XI. Implementation

(a) This compact shall become effective 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 the state.

(b) Any party state may withdraw from this compact by enacting a statute repealing the same, but no withdrawal shall take effect until thirty days after the governor of the withdrawing party state has given notice in writing of the withdrawal to the governors of all other party states. This action shall not relieve the withdrawing party state from obligations assumed hereunder before the effective date of withdrawal.

(c) Duly authenticated copies of this compact and of 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.

Article XII. Validity

This compact shall be construed to effectuate the purposes stated in Article I. 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.

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 title 18 United States Code section 1385.

§127B-3 Adjutant general. The adjutant general shall be the State's:

(1) Legally designated state official who is assigned responsibility for emergency management, pursuant to Article II of section 127B-2; and

(2) Authorized representative who may request assistance of another party state, pursuant to Article III(b) of section 127B-2."

SECTION 3. Section 121-30, Hawaii Revised Statutes, is amended to read as follows:

"§121-30 Order to active service. In case of war, insurrection, invasion, riot, or imminent danger thereof; an emergency or disaster; or danger from flood, fire, storm, earthquake, civil disturbances, or terrorist events; any forcible obstruction to the execution of the laws, or reasonable apprehension thereof; or for assistance to civil authorities in disaster relief or emergency management, the governor may order the national guard or other component of the militia or any part thereof into active service. The governor or the governor's designated representative may also order the national guard into active service:

(1) In nonemergency situations for duty and training in addition to the drill and instruction required by section 121-28;

(2) To provide support to other states in response to a request for assistance under the Emergency Management Assistance Compact under chapter [~~128F;~~] 127B; and

(3) To detect, prevent, prepare for, investigate, respond to, or recover from any of the events for which an order to active service may be made."

SECTION 4. Chapter 128F, Hawaii Revised Statutes, is repealed.

SECTION 5. This Act shall take effect on July 1, 2050.

THE SENATE	S.B. NO.	3087
THIRTY-FIRST LEGISLATURE, 2022		S.D. 1
STATE OF HAWAII		H.D. 2