ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

House: LARA DP 9-0-0-0


HB 2751: interstate compact; fire management; aid

Sponsor: Representative Cook, LD 7

Caucus & COW

Overview

Allows the Governor to enter into the Great Plains Interstate Fire Compact (Compact).

History

The State Forester leads the Department of Forestry and Fire Management and has numerous mandated duties including developing an annual statewide wildfire response plan and educating communities about wildfire threats. The State Forester is required to present information to the legislative committees with jurisdiction over forestry issues during the first regular session of each Legislature (A.R.S. § 37-1302).

As of 2019, Colorado, Kansas, Nebraska, New Mexico, North Dakota, Saskatchewan, South Dakota and Wyoming are members of the Compact (Compact).

Provisions

1.   ☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal NoteAllows the Governor to enter into the Compact on behalf of Arizona with any other state. (Sec. 1)

2.   States that the Compact's purpose is to promote effective prevention of forest fires in the Great Plains region by:

a)   maintaining adequate forest firefighting services by the member states; and

b)   providing for reciprocal aid in fighting forest fires among the compacting states. (Sec. 1)

3.   Specifies that the compact is operative immediately if two or more member states ratify it. (Sec. 1)

4.   Allows, in each state, the State Forester, or the equivalent, to act as Compact administrator for that state, consult with like officials of the other member states and implement cooperation between the states in forest fire prevention and control. (Sec. 1)

5.   Allows each member state to formulate and put into effect a forest fire plan. (Sec. 1)

6.   Allows, if a member state's forest fire control agency requests aid from any other member state in combating, controlling or preventing forest fires, the state forest fire control agency of that state to render all possible aid to the requesting agency, consonant with maintaining protection at home. (Sec. 1)

7.   Requires the employees of a state rendering outside aid pursuant to the request of another member state to have the same powers and immunities as comparable employees of the state to which they are rendering aid. (Sec. 1)

8.   Exempts a member state and its officers and employees rendering outside aid from liability for any act or omission or maintaining or using any equipment in connection with rendering outside aid. (Sec. 1)

9.   Requires all liability that may arise under the laws of the requesting state, the aiding state or of a third state in connection with a request for aid to be assumed by the requesting state.

10.  Instructs the member state receiving aid to reimburse the member state rendering the aid for specified incurred expenses.

11.  States that the Compact does not prevent any assisting member state from assuming loss, damage, expense or other cost from loaning the equipment or from donating the services to the receiving member state without charge.

12.  Directs each member state to ensure that workers' compensation benefits are in conformity with the state's minimum legal requirements and available to all employees and contract firefighters sent to a requesting state.

13.  Defines employee.

14.  Allows the Compact administrators to formulate procedures for claims and reimbursement in accordance with the laws of the member states.

15.  States that ratification of this Compact does not authorize or permit any member state to diminish its forest firefighting forces, services or facilities.

16.  Requires each member state to maintain adequate forest firefighting forces and equipment to meet demands for forest fire protection within its borders to the same extent as if the Compact were not operative.

17.  Provides that the Compact does not limit a state's powers to provide for forest fire management.

18.  States that the compact does not affect any existing or future cooperative relationship between the U.S. Forest Service and a member state.

19.  Allows representatives of the U.S. Forest Service representatives to attend meetings of the Compact administrators.

20.  States the provisions relating to reciprocal aid in combating forest fires are operative as between any state party to the Compact if the Legislature of the other state has given its assent to the mutual aid provisions of this compact.

21.  Requires the Compact to continue in force and remain binding in each state ratifying it until the Legislature or Governor of the state takes action to withdraw from the compact.

22.  Details when withdrawal of from the Compact is effective.

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26.                    HB 2751

27.  Initials EB           Page 0 Caucus & COW

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