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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
emergency management compact; workers
Purpose
Allows the Governor to send Arizona-based private-sector and credentialed volunteers to disaster zones amongst the 54 state and territory signatories through the Emergency Management Assistance Compact (EMAC). Designates private sector and credentialed volunteers as emergency workers for tort and immunity purposes.
Background
Current statute describes an emergency worker as any person who is registered, whether temporary or permanent, paid or volunteer, with a local or state emergency management organization and certified by the local or state emergency management organization for the purpose of engaging in authorized emergency management activities or performing emergency functions, or who is an officer, agent or employee of Arizona or a political subdivision of Arizona and who is called on to perform or support emergency management activities or perform emergency functions (A.R.S. § 26-301).
The purpose of EMAC is to provide for mutual assistance between the states entering into the 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 attacks (A.R.S. § 26-402).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows the Governor of Arizona, pursuant to EMAC, to deploy officers, employees and members of private entities or registered and credentialed volunteer organizations in Arizona who have volunteered to provide assistance to other states that have declared a state of emergency or disaster.
2. Specifies that officers, employees and members of private entities, registered and credentialed volunteer programs from Arizona who are voluntarily deployed under EMAC:
a) are deemed emergency workers under current statute when providing aid to an affected state;
b) are considered agents of the state requesting aid for tort liability and immunity purposes pursuant to current statute under EMAC; and
c) are not liable for any act or omission in good faith while operating in their official capacity or while using equipment or supplies in connection with an emergency pursuant to current statute under EMAC.
3. Prescribes the same meaning to emergency worker as is currently provided in statute.
4. Specifies that the entity, whether public or private, with which an emergency worker is employed is responsible for liability coverage and legal defense, if necessary.
5. Becomes effective on the general effective date.
Prepared by Senate Research
February 4, 2019
ZD/HB/gs