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FYI
The Emergency Management Commission is made up of a member of the
County Board of Supervisors, the Mayor (or his or her designee) of
each city in the county and the Sheriff. |
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29C.1 STATEMENT OF POLICY.
Because of existing and increasing possibility of the occurrence
of disasters, and in order to insure that preparations of this state
will be adequate to deal with such disasters, and to provide for the
common defense and to protect the public peace, health and safety,
and to preserve the lives and property of the people of the state, it
is the policy of this state:
1. To establish a homeland security and emergency management
division of the department of public defense and to authorize the
establishment of local organizations for emergency management in the
political subdivisions of the state.
2. To confer upon the governor and upon the executive heads or
governing bodies of the political subdivisions of the state the
emergency powers provided in this chapter.
3. To provide for the rendering of mutual aid among the political
subdivisions of the state and with other states and to co-operate
with the federal government with respect to the carrying out of
emergency management functions.
[C62, § 28A.3; C66, 71, 73, 75, § 29C.3; C77, 79, 81, § 29C.1]
92 Acts, ch 1139, § 1; 2003 Acts, ch 179, §157
29C.2 DEFINITIONS.
1. "Disaster" means man-made and natural occurrences, such as
fire, flood, drought, earthquake, tornado, windstorm, hazardous
substance or nuclear power plant accident or incident, which threaten
the public peace, health, and safety of the people or which damage
and destroy public or private property. The term includes attack,
sabotage, or other hostile action from within or without the state.
2. "Homeland security" means the detection, prevention,
preemption, deterrence of, and protection from attacks targeted at
state territory, population, and infrastructure.
3. "Local emergency management agency" means a countywide joint
county-municipal public agency organized to administer this chapter
under the authority of the local emergency management commission.
4. "Public disorder" means such substantial interference with the
public peace as to constitute a significant threat to the health and
safety of the people or a significant threat to public or private
property. The term includes insurrection, rioting, looting, and
persistent violent civil disobedience.
[C77, 79, 81, § 29C.2; 81 Acts, ch 32, § 1]
92 Acts, ch 1139, § 2; 2001 Acts, 2nd Ex, ch 1, §20, 21, 28
Referred to in § 8D.9, 29A.7, 135.140
29C.3 PROCLAMATION OF STATE OF PUBLIC DISORDER BY GOVERNOR.
1. The governor may, after finding a state of public disorder
exists, proclaim a state of public disorder emergency. This
proclamation shall be in writing, indicate the area affected and the
facts upon which it is based, be signed by the governor, and be filed
with the secretary of state.
2. Notice of a proclamation of a state of public disorder
emergency shall be given by the secretary of state by publication in
a newspaper of general circulation in the area affected, by broadcast
through radio and television serving the area affected, and by
posting signs at conspicuous places within this area. The exercise of
the special powers by the governor under this section shall not be
precluded by the lack of giving notice if the giving of notice has
been diligently attempted. All orders and rules promulgated under the
proclamation shall be given public notice by the governor in the area
affected.
3. A state of public disorder emergency shall continue for ten
days, unless sooner terminated by the governor. The general assembly
may, by concurrent resolution, rescind a proclamation of a state of
public disorder emergency. If the general assembly is not in
session, the legislative council may, by a majority vote, rescind
this proclamation. Rescission shall be effective upon filing of the
concurrent resolution or resolution of the legislative council with
the secretary of state.
4. The governor may, during the existence of a state of public
disorder emergency, prohibit:
a. Any person being in a public place during the hours declared
by the governor to be a period of curfew if this period does not
exceed twelve hours in any one day and if its area of its application
is specifically designated.
b. Public gatherings of a designated number of persons within a
designated area.
c. The manufacture, use, possession, or transportation of any
device or object designed to explode or produce uncontained
combustion.
d. The possession of any flammable or explosive liquids or
materials in a glass or uncapped container, except in connection with
normal operation of motor vehicles or normal home and commercial use.
e. The possession of firearms or any other deadly weapon by a
person other than at that person's place of residence or business,
except by law enforcement officers.
f. The sale, purchase, or dispensing of alcoholic beverages.
g. The sale, purchase, or dispensing of such other commodities as
are designated by the governor.
h. The use of certain streets or highways by the public.
i. Such other activities as the governor reasonably believes
should be prohibited to help maintain life, health, property, or the
public peace.
[C77, 79, 81, § 29C.3]
29C.4 JUDICIAL PROTECTIONS.
The supreme court shall promulgate rules for emergency proceedings
to be effective upon the declaration of a state of public disorder
emergency in order that the constitutional rights of all persons
taken into custody shall be adequately protected.
[C77, 79, 81, § 29C.4]
29C.5 HOMELAND SECURITY AND EMERGENCY MANAGEMENT DIVISION.
A homeland security and emergency management division is created
within the department of public defense. The homeland security and
emergency management division shall be responsible for the
administration of emergency planning matters, including emergency
resource planning in this state, cooperation with, support of,
funding for, and tasking of the civil air patrol for missions not
qualifying for federal mission status as described in section 29A.3A
in accordance with operational and funding criteria developed with
the adjutant general and coordinated with the civil air patrol,
homeland security activities, and coordination of available services
in the event of a disaster.
[C62, § 28A.1; C66, 71, 73, 75, § 29C.1; C77, 79, 81, § 29C.5]
92 Acts, ch 1139, § 3; 2001 Acts, 2nd Ex, ch 1, §22, 28; 2003
Acts, ch 179, §157; 2005 Acts, ch 119, §4
Referred to in § 29A.3A
See § 29.3
29C.6 PROCLAMATION OF DISASTER EMERGENCY BY GOVERNOR.
In exercising the governor's powers and duties under this chapter
and to effect the policy and purpose, the governor may:
1. After finding a disaster exists or is threatened, proclaim a
state of disaster emergency. This proclamation shall be in writing,
indicate the area affected and the facts upon which it is based, be
signed by the governor, and be filed with the secretary of state. If
the state of disaster emergency specifically constitutes a public
health disaster as defined in section 135.140, the written
proclamation shall include a statement to that effect. A state of
disaster emergency shall continue for thirty days, unless sooner
terminated or extended in writing by the governor. The general
assembly may, by concurrent resolution, rescind this proclamation.
If the general assembly is not in session, the legislative council
may, by majority vote, rescind this proclamation. Recision shall be
effective upon filing of the concurrent resolution or resolution of
the legislative council with the secretary of state. A proclamation
of disaster emergency shall activate the disaster response and
recovery aspect of the state, local, and interjurisdictional disaster
emergency plans applicable to the political subdivision or area in
question and be authority for the deployment and use of any forces to
which the plan applies, and for use or distribution of any supplies,
equipment, and materials and facilities assembled, stockpiled, or
arranged to be made available.
2. When, at the request of the governor, the president of the
United States has declared a major disaster to exist in this state,
enter into purchase, lease, or other arrangements with any agency of
the United States for temporary housing units to be occupied by
disaster victims and to make such units available to any political
subdivision of the state, to assist any political subdivision of this
state which is the locus of temporary housing for disaster victims,
to acquire sites necessary for such temporary housing and to do all
things required to prepare such sites to receive and utilize
temporary housing units, by advancing or lending funds available to
the governor from any appropriation made by the legislature or from
any other source, allocating funds made available by any agency,
public or private, or becoming a copartner with the political
subdivision for the execution and performance of any temporary
housing for disaster victims project. Any political subdivision of
this state is expressly authorized to acquire, temporarily or
permanently, by purchase, lease, or otherwise, sites required for
installation of temporary housing units for disaster victims, and to
enter into whatever arrangements are necessary to prepare or equip
such sites to utilize the housing units. The governor may
temporarily suspend or modify, for not to exceed sixty days, any
public health, safety, zoning, transportation, or other requirement
of law or regulation within this state when by proclamation, the
governor deems such suspension or modification essential to provide
temporary housing for disaster victims.
3. When the president of the United States has declared a major
disaster to exist in the state and upon the governor's determination
that a local government of the state will suffer a substantial loss
of tax and other revenues from a major disaster and has demonstrated
a need for financial assistance to perform its governmental
functions, apply to the federal government, on behalf of the local
government for a loan, receive and disburse the proceeds of any
approved loan to any applicant local government, determine the amount
needed by any applicant local government to restore or resume its
governmental functions, and certify the same to the federal
government; however, no application amount shall exceed twenty-five
percent of the annual operating budget of the applicant for the
fiscal year in which the major disaster occurs. The governor may
recommend to the federal government, based upon the governor's
review, the cancellation of all or any part or repayment when, in the
first three full fiscal year period following the major disaster, the
revenues of the local government are insufficient to meet its
operating expenses, including additional disaster-related expenses of
a municipal operation character.
4. When a disaster emergency is proclaimed, notwithstanding any
other provision of law, through the use of state agencies or the use
of any of the political subdivisions of the state, clear or remove
from publicly or privately owned land or water, debris and wreckage
which may threaten public health or safety or public or private
property. The governor may accept funds from the federal government
and utilize such funds to make grants to any local government for the
purpose of removing debris or wreckage from publicly or privately
owned land or water. Authority shall not be exercised by the governor
unless the affected local government, corporation, organization or
individual shall first present an additional authorization for
removal of such debris or wreckage from public and private property
and, in the case of removal of debris or wreckage from private
property, such corporation, organization or individual shall first
agree to hold harmless the state or local government against any
claim arising from such removal. When the governor provides for
clearance of debris or wreckage, employees of the designated state
agencies or individuals appointed by the state may enter upon private
land or waters and perform any tasks necessary to the removal or
clearance operation. Any state employee or agent complying with
orders of the governor and performing duties pursuant to such orders
under this chapter shall be considered to be acting within the scope
of employment within the meaning specified in chapter 669.
5. When the president of the United States has declared a major
disaster to exist in the state and upon the governor's determination
that financial assistance is essential to meet disaster-related
necessary expenses or serious needs of individuals or families
adversely affected by a major disaster that cannot be otherwise
adequately met from other means of assistance, accept a grant by the
federal government to fund such financial assistance, subject to such
terms and conditions as may be imposed upon the grant and enter into
an agreement with the federal government pledging the state to
participate in the funding of the financial assistance authorized in
an amount not to exceed twenty-five percent thereof, and, if state
funds are not otherwise available to the governor, accept an advance
of the state share from the federal government to be repaid when the
state is able to do so.
6. Suspend the provisions of any regulatory statute prescribing
the procedures for conduct of state business, or the orders or rules,
of any state agency, if strict compliance with the provisions of any
statute, order or rule would in any way prevent, hinder, or delay
necessary action in coping with the emergency by stating in a
proclamation such reasons. Upon the request of a local governing
body, the governor may also suspend statutes limiting local
governments in their ability to provide services to aid disaster
victims.
7. On behalf of this state, enter into mutual aid arrangements
with other states and to coordinate mutual aid plans between
political subdivisions of this state.
8. Delegate any administrative authority vested in the governor
under this chapter and provide for the subdelegation of any such
authority.
9. Cooperate with the president of the United States and the
heads of the armed forces, the emergency management agencies of the
United States and other appropriate federal officers and agencies and
with the officers and agencies of other states in matters pertaining
to emergency management of the state and nation.
10. Utilize all available resources of the state government as
reasonably necessary to cope with the disaster emergency and of each
political subdivision of the state.
11. Transfer the direction, personnel, or functions of state
departments and agencies or units thereof for the purpose of
performing or facilitating emergency management.
12. Subject to any applicable requirements for compensation,
commandeer or utilize any private property if the governor finds this
necessary to cope with the disaster emergency.
13. Direct the evacuation of all or part of the population from
any stricken or threatened area within the state if the governor
deems this action necessary for the preservation of life or other
disaster mitigation, response, or recovery.
14. Prescribe routes, modes of transportation, and destinations
in connection with evacuation.
15. Control ingress and egress to and from a disaster area, the
movement of persons within the area, and the occupancy of premises in
such area.
16. Suspend or limit the sale, dispensing, or transportation of
alcoholic beverages, firearms, explosives, and combustibles.
17. a. When the president of the United States has declared a
major disaster to exist in the state and upon the governor's
determination that financial assistance is essential to meet
disaster-related necessary expenses or serious needs of local and
state government adversely affected by a major disaster that cannot
be otherwise adequately met from other means of assistance, accept a
grant by the federal government to fund the financial assistance,
subject to terms and conditions imposed upon the grant, and enter
into an agreement with the federal government pledging the state to
participate in the funding of the financial assistance authorized to
local government and eligible private nonprofit agencies in an amount
not to exceed ten percent of the total eligible expenses, with the
applicant providing the balance of any participation amount. If
financial assistance is granted by the federal government for state
disaster-related expenses or serious needs, the state shall
participate in the funding of the financial assistance authorized in
an amount not to exceed twenty-five percent of the total eligible
expenses. If financial assistance is granted by the federal
government for hazard mitigation, the state may participate in the
funding of the financial assistance authorized to a local government
in an amount not to exceed ten percent of the eligible expenses, with
the applicant providing the balance of any participation amount. If
financial assistance is granted by the federal government for
state-related hazard mitigation, the state may participate in the
funding of the financial assistance authorized, not to exceed fifty
percent of the total eligible expenses. If state funds are not
otherwise available to the governor, an advance of the state share
may be accepted from the federal government to be repaid when the
state is able to do so.
b. State participation in funding financial assistance under
paragraph "a" is contingent upon the local government having on file
a state-approved, comprehensive, countywide emergency operations plan
which meets the standards adopted pursuant to section 29C.9,
subsection 8.
[C62, § 28A.3; C66, 71, 73, 75, § 29C.3; C77, 79, 81, § 29C.6; 81
Acts, ch 32, § 2]
85 Acts, ch 53, § 1; 92 Acts, ch 1139, § 4; 99 Acts, ch 86, §3, 4;
2003 Acts, ch 33, §7, 11
Referred to in § 8D.9, 29C.8, 135.140, 135.144, 161A.75
29C.7 POWERS AND DUTIES OF ADJUTANT GENERAL.
The adjutant general, as the director of the department of public
defense and under the direction and control of the governor, shall
have supervisory direction and control of the homeland security and
emergency management division and shall be responsible to the
governor for the carrying out of the provisions of this chapter. In
the event of disaster beyond local control, the adjutant general may
assume direct operational control over all or any part of the
emergency management functions within this state.
[C66, 71, 73, 75, § 29C.3; C77, 79, 81, § 29C.7]
92 Acts, ch 1139, § 5; 2003 Acts, ch 179, §157
29C.8 POWERS AND DUTIES OF ADMINISTRATOR.
1. The homeland security and emergency management division shall
be under the management of an administrator appointed by the
governor.
2. The administrator shall be vested with the authority to
administer emergency management and homeland security affairs in this
state and shall be responsible for preparing and executing the
emergency management and homeland security programs of this state
subject to the direction of the adjutant general.
3. The administrator, upon the direction of the governor and
supervisory control of the director of the department of public
defense, shall:
a. Prepare a comprehensive plan and emergency management program
for homeland security, disaster preparedness, response, recovery,
mitigation, emergency operation, and emergency resource management of
this state. The plan and program shall be integrated into and
coordinated with the homeland security and emergency plans of the
federal government and of other states to the fullest possible extent
and coordinate the preparation of plans and programs for emergency
management of the political subdivisions and various state
departments of this state. The plans shall be integrated into and
coordinated with a comprehensive state homeland security and
emergency program for this state as coordinated by the administrator
of the homeland security and emergency management division to the
fullest possible extent.
b. Make such studies and surveys of the industries, resources,
and facilities in this state as may be necessary to ascertain the
vulnerabilities of critical state infrastructure and assets to attack
and the capabilities of the state for disaster recovery, disaster
planning and operations, and emergency resource management, and to
plan for the most efficient emergency use thereof.
c. Provide technical assistance to any local emergency commission
or joint commission requiring the assistance in the development of an
emergency management or homeland security program.
d. Implement planning and training for emergency response teams
as mandated by the federal government under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 as
amended by the Superfund Amendments and Reauthorization Act of 1986,
42 U.S.C. § 9601 et seq.
e. Prepare a critical asset protection plan that contains an
inventory of infrastructure, facilities, systems, other critical
assets, and symbolic landmarks; an assessment of the criticality,
vulnerability, and level of threat to the assets; and information
pertaining to the mobilization, deployment, and tactical operations
involved in responding to or protecting the assets.
f. Approve and support the development and ongoing operations of
homeland security and emergency response teams to be deployed as a
resource to supplement and enhance disrupted or overburdened local
emergency and disaster operations and deployed as available to
provide assistance to other states pursuant to the interstate
emergency management assistance compact described in section 29C.21.
The following shall apply to homeland security and emergency response
teams:
(1) A member of a homeland security and emergency response team
acting under this section upon the directive of the administrator or
pursuant to a governor's disaster proclamation as provided in section
29C.6 shall be considered an employee of the state for purposes of
section 29C.21 and chapter 669 and shall be afforded protection as an
employee of the state under section 669.21. Disability, workers'
compensation, and death benefits for team members working under the
authority of the administrator or pursuant to the provisions of
section 29C.6 shall be paid by the state in a manner consistent with
the provisions of chapter 85, 410, or 411 as appropriate, depending
on the status of the member, provided that the member is registered
with the homeland security and emergency management division as a
member of an approved team and is participating as a team member in a
response or recovery operation initiated by the administrator or
governor pursuant to this section or in a training or exercise
activity approved by the administrator.
(2) Each approved homeland security and emergency management
response team shall establish standards for team membership, shall
provide the division with a listing of all team members, and shall
update the list each time a member is removed from or added to the
team. Individuals so identified as team members shall be considered
to be registered as team members for purposes of subparagraph (1).
(3) Upon notification of a compensable loss to a member of a
homeland security and emergency management response team, the
department of administrative services shall process the claim and
seek funding from the executive council for those costs associated
with covered benefits.
g. Implement and support the national incident management system
as established by the United States department of homeland security
to be used by state agencies and local and tribal governments to
facilitate efficient and effective assistance to those affected by
emergencies and disasters.
4. The administrator, with the approval of the governor and upon
recommendation of the adjutant general, may employ a deputy
administrator and such technical, clerical, stenographic, and other
personnel and make such expenditures within the appropriation or from
other funds made available to the department of public defense for
purposes of emergency management, as may be necessary to administer
this chapter.
5. The homeland security and emergency management division may
charge fees for the repair, calibration, or maintenance of
radiological detection equipment and may expend funds in addition to
funds budgeted for the servicing of the radiological detection
equipment. The division shall adopt rules pursuant to chapter 17A
providing for the establishment and collection of fees for
radiological detection equipment repair, calibration, or maintenance
services and for entering into agreements with other public and
private entities to provide the services. Fees collected for repair,
calibration, or maintenance services shall be treated as repayment
receipts as defined in section 8.2 and shall be used for the
operation of the division's radiological maintenance facility or
radiation incident response training.
[C62, § 28A.4, 28A.5; C66, 71, 73, 75, § 29C.4, 29C.5; C77, 79,
81, § 29C.8]
88 Acts, ch 1190, § 1; 92 Acts, ch 1139, § 6--8; 99 Acts, ch 86,
§2; 2001 Acts, 2nd Ex, ch 1, §23, 24, 28; 2002 Acts, ch 1117, §54,
56; 2003 Acts, ch 179, §104, 157; 2005 Acts, ch 119, §5; 2006 Acts,
ch 1185, §62
Referred to in § 22.7, 29C.20, 135.141
29C.8A EMERGENCY RESPONSE FUND CREATED.
1. An emergency response fund is created in the state treasury.
The first one hundred thousand dollars received annually by the
treasurer of state for the civil penalties and fines imposed by the
court pursuant to sections 455B.146, 455B.191, 455B.386, 455B.417,
455B.454, 455B.466, and 455B.477 shall be deposited in the waste
volume reduction and recycling fund created in section 455D.15. The
next hundred thousand dollars shall be deposited in the emergency
response fund and any additional moneys shall be deposited in the
household hazardous waste account. All moneys received annually by
the treasurer of the state for the fines imposed by sections 716B.2,
716B.3, and 716B.4 shall also be deposited in the emergency response
fund.
2. The emergency response fund shall be administered by the
homeland security and emergency management division to carry out
planning and training for the emergency response teams.
88 Acts, ch 1190, § 2; 90 Acts, ch 1260, § 21; 92 Acts, ch 1139, §
9; 2003 Acts, ch 179, §157
Referred to in § 455E.11
29C.9 LOCAL EMERGENCY MANAGEMENT COMMISSIONS.
1. The county boards of supervisors, city councils, and school
district boards of directors in each county shall cooperate with the
homeland security and emergency management division of the department
of public defense to establish a local emergency management
commission to carry out the provisions of this chapter.
2. The commission shall be composed of a member of the board of
supervisors or its appointed representative, the sheriff or the
sheriff's representative, and the mayor or the mayor's representative
from each city within the county. The commission members shall be
the operations liaison officers between their jurisdiction and the
commission.
3. The name used by the commission shall be (county name) county
emergency management commission. The name used by the office of the
commission shall be (county name) county emergency management agency.
4. For the purposes of this chapter, the commission or joint
commission is a municipality as defined in section 670.1.
5. The commission shall model its bylaws and conduct its business
according to the guidelines provided in the state division's
administrative rules.
6. The commission shall determine the mission of its agency and
program and provide direction for the delivery of the emergency
management services of planning, administration, coordination,
training, and support for local governments and their departments.
The commission shall coordinate its services in the event of a
disaster.
7. The commission shall delegate to the emergency management
coordinator the authority to fulfill the commission duties as
described in the division's administrative rules. Each commission
shall appoint a county emergency management coordinator who shall
meet the qualifications specified in the administrative rules by the
administrator of the homeland security and emergency management
division. Additional emergency management personnel may be appointed
at the discretion of the commission.
8. The commission shall develop, adopt, and submit for approval
by local governments within the county, a comprehensive countywide
emergency operations plan which meets standards adopted by the
division in accordance with chapter 17A. If an approved
comprehensive countywide emergency operations plan has not been
prepared according to established standards and the administrator of
the homeland security and emergency management division finds that
satisfactory progress is not being made toward the completion of the
plan, or if the administrator finds that a local emergency management
commission has failed to appoint a qualified emergency management
coordinator as provided in this chapter, the administrator shall
notify the governing bodies of the counties and cities affected by
the failure and the governing bodies shall not appropriate any moneys
to the local emergency management fund until the disaster plan is
prepared and approved or a qualified emergency management coordinator
is appointed. If the administrator finds that a city or a county has
appointed an unqualified emergency management coordinator, the
administrator shall notify the governing body of the city or county
citing the qualifications which are not met and the governing body
shall not approve the payment of the salary or expenses of the
unqualified emergency management coordinator.
9. The commission shall encourage local officials to support and
participate in exercise programs which test proposed or established
jurisdictional emergency plans and capabilities. During emergencies
when lives are threatened and extensive damage has occurred to
property, the county and all cities involved shall fully cooperate
with the emergency management agency to provide assistance in order
to coordinate emergency management activities including gathering of
damage assessment data required by state and federal authorities for
the purposes of emergency declarations and disaster assistance.
10. Two or more commissions may, upon review by the state
administrator and with the approval of their respective boards of
supervisors and cities, enter into agreements pursuant to chapter 28E
for the joint coordination and administration of emergency management
services throughout the multicounty area.
[C62, § 28A.7; C66, 71, 73, 75, § 29C.7; C77, 79, 81, § 29C.9]
83 Acts, ch 123, § 40, 209; 92 Acts, ch 1139, § 10; 2003 Acts, ch
179, §157
Referred to in § 8D.13, 29C.6, 331.381, 331.653
29C.10 EMERGENCY MANAGEMENT COORDINATOR.
1. The commission or joint commission shall appoint an emergency
management coordinator who shall serve at the pleasure of the
commission and shall be responsible for the development of the
countywide emergency operations plan, coordination of emergency
planning activities and provide technical assistance to political
subdivisions throughout the county.
2. When an emergency or disaster occurs, the emergency management
coordinator shall provide coordination and assistance to the
governing officials of the municipalities and the county.
3. The mayors and the board of supervisors shall cooperate with
the president of the United States and the heads of the armed forces
and other appropriate federal, state, and local officers and agencies
and with the officers and agencies of adjoining states in matters
pertaining to comprehensive emergency management for a city or
county.
[C66, 71, 73, 75, § 29C.7; C77, 79, 81, § 29C.10]
92 Acts, ch 1139, § 11
Referred to in § 8D.13, 331.381
29C.11 LOCAL MUTUAL AID ARRANGEMENTS.
1. The emergency management coordinator for each emergency
management agency shall, in collaboration with other public and
private agencies within this state, develop mutual aid arrangements
for reciprocal disaster services and recovery aid and assistance in
case of disaster too great to be dealt with unassisted. The
arrangements shall be consistent with the homeland security and
emergency management division plan and program, and in time of
emergency each local emergency management agency shall render
assistance in accordance with the provisions of the mutual aid
arrangements.
2. The emergency management coordinator of each local emergency
management agency may, subject to the approval of the governor, enter
into mutual aid arrangements with emergency management agencies or
organizations in other states for reciprocal emergency services and
recovery aid and assistance in case of disaster too great to be dealt
with unassisted.
[C77, 79, 81, § 29C.11]
92 Acts, ch 1139, § 12; 2003 Acts, ch 179, §157
Referred to in § 331.381
29C.12 USE OF EXISTING FACILITIES.
In carrying out the provisions of this chapter, the governor and
the director of the department of public defense, and the executive
officers or governing boards of political subdivisions of the state
shall utilize, to the maximum extent practicable, the services,
equipment, supplies and facilities of existing departments, officers,
and agencies of the state and of political subdivisions at their
respective levels of responsibility.
[C62, § 28A.8; C66, 71, 73, 75, § 29C.8; C77, 79, 81, § 29C.12]
Referred to in § 331.381
29C.12A PARTICIPATION IN FUNDING DISASTER RECOVERY FACILITY.
All state government departments and agencies may participate in
sharing the cost of the design, construction, and operation of a
disaster recovery facility located in the STARC armory at Camp Dodge.
State departments and agencies may use funds from any source,
including but not limited to user fees and appropriations for
operational or capital purposes, to participate in the facility.
91 Acts, ch 263, §36
Referred to in § 331.381
29C.13 FUNDS BY GRANTS OR GIFTS.
1. If the federal government or any agency or officer of the
federal government offers to the state or through the state to any
political subdivision of the state, services, equipment, supplies,
materials, or funds by way of gift, grant, or loan, for purposes of
emergency management, the governor or the political subdivision,
acting with the consent of the governor and through its executive
officer or governing body, may authorize any officer of the state or
of the political subdivision to receive the services, equipment,
supplies, materials, or funds on behalf of the state or the political
subdivision, and subject to the terms of the offer and rules of the
agency making the offer.
2. If any person offers to the state or to any political
subdivision of the state, services, equipment, supplies, materials,
or funds by way of gift, grant, or loan, for purposes of emergency
management, the governor or executive officer of the political
subdivision may accept the offer and, upon acceptance, the governor
of the state or executive officer or governing body of the political
subdivision may authorize any officer of the state or of the
political subdivision to receive such services, equipment, supplies,
materials, or funds on behalf of the state or the political
subdivision, and subject to the terms of the offer.
[C66, 71, 73, 75, § 29C.9; C77, 79, 81, § 29C.13]
92 Acts, ch 1139, § 13
Referred to in § 331.381
29C.14 DIRECTOR OF THE DEPARTMENT OF ADMINISTRATIVE SERVICES TO
ISSUE WARRANTS.
The director of the department of administrative services shall
draw warrants on the treasurer of state for the purposes specified in
this chapter, upon duly itemized and verified vouchers that have been
approved by the administrator of the homeland security and emergency
management division.
[C62, § 28A.9; C66, 71, 73, 75, § 29C.10; C77, 79, 81, § 29C.14]
92 Acts, ch 1139, § 14; 2003 Acts, ch 145, §286; 2003 Acts, ch
179, §157
29C.15 TAX-EXEMPT PURCHASES.
All purchases under the provisions of this chapter shall be exempt
from the taxes imposed by sections 423.2 and 423.5.
[C62, § 28A.10; C66, 71, 73, 75, § 29C.11; C77, 79, 81, § 29C.15]
2003 Acts, 1st Ex, ch 2, §156, 205
29C.16 POLITICAL ACTIVITY PROHIBITED.
1. A person employed by any organization for emergency management
established under this chapter shall not:
a. During working hours or when performing official duties or
when using public equipment or at any time on public property, take
part in any way in soliciting any contribution for any political
party or any person seeking political office. The provisions of this
section do not preclude any employee from holding any nonpartisan
elective office for which no pay is received or any office for which
only token pay is received.
b. Seek or attempt to use any political endorsement in connection
with any appointment to a position created under this chapter.
c. Use any official authority or influence for the purpose of
interfering with an election or affecting the results thereof.
2. Any employee of an organization for emergency management shall
not become a candidate for any partisan elective office.
[C62, § 28A.11; C66, 71, 73, 75, § 29C.12; C77, 79, 81, § 29C.16]
92 Acts, ch 1139, § 15
29C.17 LOCAL EMERGENCY MANAGEMENT FUND.
1. A local emergency management fund is created in the office of
the county treasurer. Revenues provided and collected shall be
deposited in the fund. An unencumbered balance in the fund shall not
revert to county general revenues. Any reimbursement, matching
funds, moneys received from sale of property, or moneys obtained from
any source in connection with the county emergency management program
shall be deposited in the local emergency management fund. The
commission shall be the fiscal authority and the chairperson or vice
chairperson of the commission is the certifying official.
2. For the purposes consistent with this chapter, the county
emergency management agency's approved budget may be funded by one or
any combination of the following options:
a. A countywide special levy approved by the board of
supervisors.
b. Per capita allocation funded from city and county general
funds or by a combination of city and county special levies which may
be apportioned among the member jurisdictions.
c. An allocation computed as each jurisdiction's relative share
of the total assessed valuation within the county.
d. A voluntary share allocation.
3. A political subdivision may appropriate additional funds for
the purpose of supporting commission expenses relating to special or
unique matters extending beyond the resources of the agency.
4. Expenditures from the local emergency management fund shall be
made on warrants drawn by the county auditor, supported by claims and
vouchers signed by the emergency management coordinator or
chairperson of the commission.
5. Subject to chapter 24, the commission shall adopt, certify,
and submit a budget, on or before February 28 of each year, to the
county board of supervisors and the cities for the ensuing fiscal
year which will include an itemized list of the number of emergency
management personnel, their salaries and cost of personnel benefits,
travel and transportation costs, fixed costs of operation, and all
other anticipated emergency management expenses. The salaries and
compensation of agency personnel coming under the merit system as
determined by the commission will include salary schedules for
classes in which the salary of a class is based on merit
qualifications for the positions.
[C62, § 28A.12; C66, 71, 73, 75, § 29C.13; C77, 79, 81, § 29C.17]
92 Acts, ch 1139, § 16
29C.18 ENFORCEMENT DUTIES.
1. Every organization for emergency management established
pursuant to this chapter and its officers shall execute and enforce
the orders or rules made by the governor, or under the governor's
authority and the orders or rules made by subordinate organizations
and not contrary or inconsistent with the orders or rules of the
governor.
2. A peace officer, when in full and distinctive uniform or
displaying a badge or other insignia of authority, may arrest without
a warrant any person violating or attempting to violate in such
officer's presence any order or rule, made pursuant to this chapter.
This authority shall be limited to those rules which affect the
public generally.
[C66, 71, 73, 75, § 29C.15; C77, 79, 81, § 29C.18]
92 Acts, ch 1139, § 17
29C.19 RULES AND ORDER EXEMPTED.
Any order issued or rule promulgated by a state agency during a
declared disaster emergency and pursuant to the provisions of this
chapter shall be exempt from being issued or promulgated as provided
in chapter 17A.
[C77, 79, 81, § 29C.19]
29C.20 CONTINGENT FUND -- DISASTER AID.
1. a. A contingent fund is created in the state treasury for the
use of the executive council which may be expended for the following
purposes:
(1) Paying the expenses of suppressing an insurrection or riot,
actual or threatened, when state aid has been rendered by order of
the governor.
(2) Repairing, rebuilding, or restoring state property injured,
destroyed, or lost by fire, storm, theft, or unavoidable cause.
(3) Repairing, rebuilding, or restoring state property that is
fiberoptic cable and that is injured or destroyed by a wild animal.
(4) Purchasing a police service dog for the department of
corrections when such a dog is injured or destroyed.
(5) Paying the expenses incurred by and claims of a homeland
security and emergency response team when acting under the authority
of section 29C.8 and public health response teams when acting under
the provisions of section 135.143.
(6) (a) Aiding any governmental subdivision in an area declared
by the governor to be a disaster area due to natural disasters or to
expenditures necessitated by the governmental subdivision toward
averting or lessening the impact of the potential disaster, where the
effect of the disaster or action on the governmental subdivision is
the immediate financial inability to meet the continuing requirements
of local government.
(b) Upon application by a governmental subdivision in such an
area, accompanied by a showing of obligations and expenditures
necessitated by an actual or potential disaster in a form and with
further information the executive council requires, the aid may be
made in the discretion of the executive council and, if made, shall
be in the nature of a loan up to a limit of seventy-five percent of
the showing of obligations and expenditures. The loan, without
interest, shall be repaid by the maximum annual emergency levy
authorized by section 24.6, or by the appropriate levy authorized for
a governmental subdivision not covered by section 24.6. The
aggregate total of loans shall not exceed one million dollars during
a fiscal year. A loan shall not be for an obligation or expenditure
occurring more than two years previous to the application.
b. When a state department or agency requests that moneys from
the contingent fund be expended to repair, rebuild, or restore state
property injured, destroyed, or lost by fire, storm, theft, or
unavoidable cause, or to repair, rebuild, or restore state property
that is fiberoptic cable and that is injured or destroyed by a wild
animal, or to purchase a police service dog for the department of
corrections when such a dog is injured or destroyed, or for payment
of the expenses incurred by and claims of a homeland security and
emergency response team when acting under the authority of section
29C.8, the executive council shall consider the original source of
the funds for acquisition of the property before authorizing the
expenditure. If the original source was other than the general fund
of the state, the department or agency shall be directed to utilize
moneys from the original source if possible. The executive council
shall not authorize the repairing, rebuilding, or restoring of the
property from the disaster aid contingent fund if it determines that
moneys from the original source are available to finance the project.
2. The proceeds of such loan shall be applied toward the payment
of costs and obligations necessitated by such actual or potential
disaster and the reimbursement of local funds from which such
expenditures have been made. Any such project for repair, rebuilding
or restoration of state property for which no specific appropriation
has been made, shall, before work is begun, be subject to approval or
rejection by the executive council.
3. If the president of the United States, at the request of the
governor, has declared a major disaster to exist in this state, the
executive council may make financial grants to meet disaster-related
necessary expenses, serious needs, or hazard mitigation projects of
local governments and eligible private nonprofit agencies adversely
affected by the major disaster if those expenses or needs cannot
otherwise be met from other means of assistance. The amount of the
grant shall not exceed ten percent of the total eligible expenses and
is conditional upon the federal government providing at least
seventy-five percent for public assistance grants and at least fifty
percent for hazard mitigation grants of the eligible expenses.
4. If the president, at the request of the governor, has declared
a major disaster to exist in this state, the executive council may
make financial grants to meet disaster- related necessary expenses or
serious needs of individuals or families adversely affected by a
major disaster which cannot otherwise adequately be met from other
means of assistance. The amount of a financial grant shall not
exceed the maximum federal authorization in the aggregate to an
individual or family in any single major disaster declared by the
president. All grants authorized to individuals and families will be
subject to the federal government providing no less than seventy-five
percent of each grant and the declaration of a major disaster in the
state by the president of the United States.
5. If the president, at the request of the governor, has declared
a major disaster to exist in this state, the executive council may
lease or purchase sites and develop such sites to accommodate
temporary housing units for disaster victims.
6. For the purposes of this section, "governmental subdivision"
means any political subdivision of this state.
[C73, § 120; C97, § 170; C24, 27, 31, 35, 39, § 286; C46, 50, 54,
58, 62, 66, 71, 73, 75, § 19.7; C77, 79, 81, § 29C.20]
85 Acts, ch 53, § 2; 85 Acts, ch 195, § 6; 89 Acts, ch 315, § 27;
92 Acts, ch 1139, § 18; 97 Acts, ch 210, §19; 2003 Acts, ch 155, §1;
2003 Acts, ch 179, §105; 2005 Acts, ch 89, §1; 2006 Acts, ch 1185,
§63, 64
29C.21 EMERGENCY MANAGEMENT ASSISTANCE COMPACT.
The interstate emergency management assistance compact is entered
into with all other states which enter into the compact in
substantially the following form:
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 the
affected state, whether arising from natural disaster, technological
hazard, man-made disaster, civil emergency aspects of resource
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.
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 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.
article iii -- party state responsibilities
1. 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 such plans, and in carrying them out, the party states,
insofar as practical, shall:
a. 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, man-made disaster, emergency aspects of
resource shortages, civil disorders, insurgency, or enemy attack.
b. 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.
c. Develop interstate procedures to fill any identified gaps and
to resolve any identified inconsistencies or overlaps in existing or
developed plans.
d. Assist in warning communities adjacent to or crossing the
state boundaries.
e. 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.
f. Inventory and set procedures for the interstate loan and
delivery of human and material resources, together with procedures
for reimbursement or forgiveness.
g. Provide, to the extent authorized by law, for temporary
suspension of any statutes or ordinances that restrict the
implementation of the above responsibilities.
2. 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 thirty days of the
verbal request. Requests shall provide all of the following:
a. 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.
b. The amount and type of personnel, equipment, materials and
supplies needed, and a reasonable estimate of the length of time they
will be needed.
c. The specific place and time for staging of the assisting
party's response and a point of contact at that location.
3. 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 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.
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.
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 article shall not
include willful 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 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.
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.
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.
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. 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,
medicines 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.
article xi -- implementation
1. 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.
2. Any party state may withdraw from this compact by enacting a
statute repealing the same, but no such withdrawal shall take effect
until thirty 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.
3. 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.
article xii -- validity
This compact 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.
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 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 section 1385 of
Title 18, United States Code.
[C62, § 28A.3, C66, 71, 73, 75, § 29C.3; C77, 79, 81, § 29C.21]
97 Acts, ch 129, §1
Referred to in § 29C.8, 135.143
29C.22 STATEWIDE MUTUAL AID COMPACT.
This statewide mutual aid compact is entered into with all other
counties, cities, and other political subdivisions that enter into
this compact in substantially the following form:
article i purpose and authorities
This compact is made and entered into by and between the
participating counties, cities, and political subdivisions which
enact this compact. For the purposes of this agreement, the term
"participating governments" means counties, cities, townships, and
other political subdivisions of the state which have, through
ordinance or resolution of the governing body, acted to adopt this
compact.
The purpose of this compact is to provide for mutual assistance
between the participating governments entering into this compact in
managing any emergency or disaster that is declared in accordance
with a countywide comprehensive emergency operations plan or by the
governor, whether arising from natural disaster, technological
hazard, man-made disaster, community disorder, insurgency, terrorism,
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 participating governments during
emergencies, such actions occurring outside actual declared emergency
periods.
article ii general implementation
Each participating government 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
participating government 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
the emergency. This is because few, if any, individual governments
have all the 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 use of resources of the
participating governments, including any resources on hand or
available from any source, that are essential to the safety, care,
and welfare of the people in the event of any emergency or disaster
declared by the governor or any participating government, shall be
the underlying principle on which all articles of this compact shall
be understood.
On behalf of the participating government in the compact, the
legally designated official who is assigned responsibility for
emergency management will be responsible for formulation of the
appropriate intrastate mutual aid plans and procedures necessary to
implement this compact.
article iii participating government responsibilities
1. It shall be the responsibility of each participating
government to formulate procedural plans and programs for intrastate
cooperation in the performance of the responsibilities listed in this
article. In formulating the plans, and in carrying them out, the
participating governments, insofar as practical, shall:
a. Review individual hazards analyses and, to the extent
reasonably possible, determine all those potential emergencies the
participating governments might jointly suffer, whether due to
natural disaster, technological hazard, man-made disaster, civil
disorders, insurgency, terrorism, or enemy attack.
b. Review the participating governments' individual emergency
plans and develop a plan that will determine the mechanism for the
intrastate management and provision of assistance concerning any
potential emergency.
c. Develop intrastate procedures to fill any identified gaps and
to resolve any identified inconsistencies or overlaps in existing or
developed plans.
d. Assist in warning communities adjacent to or crossing the
participating governments' boundaries.
e. Protect and ensure uninterrupted delivery of services,
medicines, water, food, energy and fuel, search and rescue, and
critical lifeline equipment, services, and resources, both human and
material.
f. Inventory and set procedures for the intrastate loan and
delivery of human and material resources, together with procedures
for reimbursement or forgiveness.
g. Provide, to the extent authorized by law, for temporary
suspension of any ordinances that restrict the implementation of the
above responsibilities.
2. The authorized representative of a participating government
may request assistance of another participating government by
contacting the authorized representative of that participating
government. 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 all of the following:
a. 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.
b. The amount and type of personnel, equipment, materials, and
supplies needed, and a reasonable estimate of the length of time that
the personnel, equipment, materials, and supplies will be needed.
c. The specific place and time for staging of the assisting
participating government's response and a point of contact at that
location.
3. The authorized representative of a participating government
may initiate a request by contacting the homeland security and
emergency management division of the state department of public
defense. When a request is received by the division, the division
shall directly contact other participating governments to coordinate
the provision of mutual aid.
4. Frequent consultation shall occur between officials who have
been assigned emergency management responsibilities and other
appropriate representatives of the participating governments with
affected jurisdictions and state government, with free exchange of
information, plans, and resource records relating to emergency
capabilities.
article iv limitations
Any participating government requested to render mutual aid or
conduct exercises and training for mutual aid shall take the
necessary action to provide and make available the resources covered
by this compact in accordance with the terms of the compact.
However, it is understood that the participating government rendering
aid may withhold resources to the extent necessary to provide
reasonable protection for the participating government. Each
participating government shall afford to the emergency forces of any
other participating government, while operating within its
jurisdictional limits under the terms and conditions of this compact,
the same powers, except that of arrest unless specifically authorized
by the receiving participating government, duties, rights, and
privileges as are afforded forces of the participating government in
which the emergency forces 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
participating government receiving assistance. These conditions may
be activated, as needed, only subsequent to a declaration of a state
of emergency or disaster by the governor or by competent authority of
the participating government 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 jurisdiction, whichever is
longer.
article v licenses and permits
If a person holds a license, certificate, or other permit issued
by any participating government to this compact evidencing the
meeting of qualifications for professional, mechanical, or other
skills, and when the assistance is requested by another participating
government, the person shall be deemed licensed, certified, or
permitted by the participating government requesting assistance to
render aid involving the skill to meet a declared emergency or
disaster, subject to the limitations and conditions as the governor
may prescribe by executive order or otherwise.
article vi liability
Officers or employees of a participating government rendering aid
in another participating government jurisdiction pursuant to this
compact shall be considered agents of the requesting participating
government for tort liability and immunity purposes and a
participating government or its officers or employees rendering aid
in another jurisdiction pursuant to this compact shall not be liable
on account of any act or omission in good faith on the part of the
forces while so engaged or on account of the maintenance or use of
any equipment or supplies in connection with the aid. Good faith in
this article shall not include willful misconduct, gross negligence,
or recklessness.
article vii supplementary agreements
Because it is probable that the pattern and detail of the
machinery for mutual aid among two or more participating governments
may differ from that among other participating governments, this
compact contains elements of a broad base common to all political
subdivisions, and this compact shall not preclude any political
subdivision from entering into supplementary agreements with another
political subdivision or affect any other agreements already in force
between political subdivisions. Supplementary agreements may
include, 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 workers' compensation
Each participating government shall provide for the payment of
workers' compensation and death benefits to injured members of the
emergency forces of that participating government and representatives
of deceased members of the emergency forces in case the 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 jurisdiction.
article ix reimbursement
Any participating government rendering aid in another jurisdiction
pursuant to this compact shall be reimbursed by the participating
government receiving the emergency 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 the requests. However, an aiding
political subdivision may assume in whole or in part the loss,
damage, expense, or other cost, or may loan the equipment or donate
the services to the receiving participating government without charge
or cost, and any two or more participating governments may enter into
supplementary agreements establishing a different allocation of costs
among the participating governments. Article VIII expenses shall not
be reimbursable under this provision.
article x evacuation and sheltering
Plans for the orderly evacuation and reception of portions of the
civilian population as the result of any emergency or disaster shall
be worked out and maintained between the participating governments
and the emergency management or services directors of the various
jurisdictions where any type of incident requiring evacuations might
occur. The plans shall be put into effect by request of the
participating government 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
participating government receiving evacuees and the participating
government 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 participating
government from which the evacuees come. After the termination of
the emergency or disaster, the participating government from which
the evacuees come shall assume the responsibility for the ultimate
support of repatriation of such evacuees.
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