AN
ACT Relating to mutual aid and interlocal agreements; adding a new section to
chapter 38.52 RCW; and repealing RCW 38.52.090.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 38.52 RCW to read as follows:
(1)
The director of each local organization for emergency management may, in
collaboration with other public and private agencies within this state, develop
or cause to be developed mutual aid arrangements for reciprocal emergency
management aid and assistance in case of disaster too great to be dealt with
unassisted. Such arrangements must be consistent with the state emergency
management plan and program, and in time of emergency it is the duty of each local
organization for emergency management to render assistance in accordance with
the provisions of such mutual aid arrangements. The adjutant general shall
maintain and distribute a mutual aid and interlocal agreement handbook.
(2)
The adjutant general and the director of each local organization for emergency
management 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 management aid and assistance in case of
disaster too great to be dealt with unassisted. All such arrangements must
contain the language and provisions in subsection (3) of this section.
(3)
Mutual aid and interlocal agreements must include the following:
Purpose
The
purpose must state the reason the mutual aid or interlocal agreement or compact
is coordinated, the parties to the agreement or compact, and the assistance to
be provided.
Authorization
Article
I, Section 10 of the Constitution of the United States permits a state to enter
into an agreement or compact with another state, subject to the consent of
Congress. Congress, through enactment of Title 50 U.S.C. Sections 2281(g),
2283 and the Executive Department, by issuance of Executive Orders No. 10186 of
December 1, 1950, encourages the states to enter into emergency, disaster and
civil defense mutual aid agreements or pacts.
Implementation
The
conditions that guide the agreement or compacts may include, but are not
limited to:
(a)
A statement of which authority or authorities are authorized to request and
receive assistance and the conditions that must exist for the request or
receipt of assistance.
(b)
A statement of how the requests for assistance may be made, what documentation
of the request is required, the specifics of any details included in the
request, and the required approval for the request.
(c)
A statement of the direction and control relationship between the personnel and
equipment provided by the jurisdiction to the requester and the requirements of
the requester to coordinate the activities of the jurisdiction providing the
assets.
(d)
A statement of the circumstances by which the assisting jurisdiction may
withdraw support from the requester and the method by which this is to be
communicated.
General Fiscal Provisions
The
terms of reimbursement must be stated defining the relationship between the
requesting jurisdiction and the aiding jurisdiction, when reimbursement will be
made, and details of the claim for reimbursement. The provisions may include
statements that discuss but are not limited to:
(a)
A statement of what costs are incurred by the requesting jurisdiction.
(b)
A statement of what costs and compensation benefits are made to individuals
from the aiding jurisdiction by the requesting jurisdiction.
Privileges and Immunities
The
conditions and immunities that are enjoyed by the individuals from the aiding
jurisdiction to the requesting jurisdiction must be stated. These provisions
may include but are not limited to:
(a)
A statement of the privileges and immunities from liability and the law an
employee of a supporting jurisdiction enjoys while supporting the requesting
jurisdiction.
(b)
A statement of the privileges and immunities from liability and the law a
volunteer from a supporting jurisdiction enjoys while supporting the requesting
jurisdiction.
(c)
A statement on the use of the national guard between the requesting and
supporting jurisdictions.
(d)
A hold harmless agreement between the signatory jurisdictions.
(e)
The precedence this agreement takes with existing agreements.
(f)
A time line by which information required by the agreement is exchanged and
updated annually.
(g)
The time in which the agreement becomes effective.
(h)
The time and conditions when a signatory may withdraw and render the agreement
ineffective.
NEW SECTION. Sec. 2. RCW
38.52.090 and 1995 c 391 s 3, 1987 c 185 s 6, 1986 c 266 s 29,
1984 c 38 s 9, 1974 ex.s. c 171 s 11, & 1951 c 178 s 10 are each repealed.
