State SealARIZONA HOUSE OF REPRESENTATIVES


 

SB1330: emergency management compact; workers

PRIME SPONSOR: Senator Borrelli, LD 5

BILL STATUS: State and International Affairs

                               

 

Overview

☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal NoteAllows the Governor to deploy volunteers from private entities or volunteer organizations (Volunteers) to provide assistance to states declaring an emergency and classifies Volunteers as emergency workers.

History

An emergency worker is defined as any person who is registered, temporarily or permanently, on a paid or volunteer basis with a local or state emergency management organization for the purpose of engaging in authorized emergency work (A.R.S. §26-301).

The State of Arizona is not liable for any claim based on the performance, or failure to perform, a duty by an emergency worker, excluding willful misconduct and gross negligence. All immunities from liability, exemptions from laws and benefits afforded to state officers, agents, employees and emergency workers exist to the same degree and extent while performing emergency functions.  The State is responsible for providing liability coverage, including legal defense, for emergency workers performing their duties in good faith.  The agents and emergency workers of other states are not liable for an act or its omission in good faith while rendering aid in this state (A.R.S. §26-314).

Statute permits the Governor to enter into a compact or other interstate arrangements with other states and the federal government on behalf of the State of Arizona (A.R.S. §26-309).  The purpose of the Emergency Management Assistance Compact (Compact) is to provide for mutual assistance between the states entered into the Compact in order to manage any duly declared emergency or disaster. The Compact requires the participants provide prompt, full and effective utilization of resources that are essential to the safety, care and welfare of the people. Officers or employees of a party state rendering aid to another participant are considered agents of the requesting state for tort liability and immunity purposes (A.R.S. §26-402).

Provisions

1.       Allows the Governor to deploy Volunteers to aid states declaring an emergency. (Sec. 2)

2.       Classifies Volunteers as emergency workers when rendering aid to an affected state. (Sec. 2)

3.       Specifies Volunteers are agents of the requesting state for tort liability and immunity purposes. (Sec. 2)

4.       Exempts Volunteers from liability for any act or omission in good faith while so engaged or on account of maintaining or using any equipment or supplies in connection with an emergency. (Sec. 2)

5.       Defines emergency worker. (Sec. 2)

6.       Makes a conforming change. (Sec. 1)

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10.   Fifty-fourth Legislature                       SB 1330

11.   First Regular Session                            Version 1: State and International Affairs

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13.   ---------- DOCUMENT FOOTER ---------