19.8060.01000
Sixty-sixth
Legislative Assembly SENATE BILL NO. 2096
of North Dakota
Introduced by
Government and Veterans Affairs Committee
(At the request of the Adjutant General)
1 A BILL for an Act to create and enact section 37-17.1-14.6 of the North Dakota Century Code,
2 relating to a mutual aid compact with the northern emergency management; and to amend and
3 reenact sections 37-17.1-14.2 and 37-17.1-14.3 of the North Dakota Century Code, relating to
4 agreements for mutual aid.
5 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
6 SECTION 1. AMENDMENT. Section 37-17.1-14.2 of the North Dakota Century Code is
7 amended and reenacted as follows:
8 37-17.1-14.2. Interstate mutual aid agreements.
9 1. This state may enter into an interstate mutual aid agreement or compact with any state
10 that has enacted or shall enact the compact substantially in the form contained in
11 section 37-17.1-14.5.
12 2. The governor may enter into an interstate agreement with any state if the governor
13 finds that joint action with that state is desirable in meeting common intergovernmental
14 problems of emergency or disaster prevention, preparedness, mitigation, response,
15 and recovery.This state may enter the northern emergency management assistance
16 compact with any state or Canadian province that has enacted or shall enact the
17 compact substantially in the form contained in section 37-17.1-14.6.
18 3. The governor may deny the request of a requesting state as the governor determines
19 necessary.This state may enter an interstate agreement with any state if the governor
20 finds that joint action with that state is desirable in meeting common intergovernmental
21 problems of emergency or disaster prevention, protection, mitigation, response, and
22 recovery.
23 4. All interstate mutual aid compacts and other interstate agreements to which this state
24 is a party dealing with disaster or emergency prevention, preparedness, response,
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1 recovery, or mitigation must be reviewed and made current every four years.This state
2 may enter intergovernmental arrangements with neighboring Canadian provinces for
3 the purpose of exchanging emergency or disaster resources. When considered of
4 mutual benefit, the governor may, subject to the limitations of law enter such
5 agreements.
6 5. If a person holds a license, certificate, or other permit issued by any state or political
7 subdivision evidencing the meeting of qualifications for professional, mechanical, or
8 other skills, the person may render aid involving that skill in this state to meet an
9 emergency or disaster, and this state shall give due recognition to the license,
10 certificate, or other permit.
11 6. When considered of mutual benefit, the governor may, subject to the limitations of law,
12 enter into intergovernmental arrangements with neighboring provinces of Canada for
13 the purpose of exchanging disaster or emergency resources.All interstate mutual aid
14 compacts and other interstate agreements, to which this state is a party, dealing with
15 emergency or disaster prevention, protection, mitigation, response, and recovery must
16 be reviewed and made current every four years.
17 SECTION 2. AMENDMENT. Section 37-17.1-14.3 of the North Dakota Century Code is
18 amended and reenacted as follows:
19 37-17.1-14.3. Authority to join interstate mutual aid agreements - Interstate compacts.
20 1. The governor, in the name of the state, may join with other states and Canadian
21 provinces in the interstate mutual aid agreement or compact.
22 2. The governor may negotiate and execute such supplemental agreements as may be
23 necessary and proper to fully carry out the terms and provisions of the interstate
24 mutual aid agreementagreements or compactcompacts as set forth in sectionsections
25 37-17.1-14.5 and 37-17.1-14.6.
26 3. The governor may deny the request of a requesting state or Canadian province as the
27 governor determines necessary.
28 4. Local emergency management organizations may enter interstate mutual aid
29 agreements with nearby political subdivisions or public response entities. Such
30 agreements are valid once filed with the department of emergency services.
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1 SECTION 3. Section 37-17.1-14.6 of the North Dakota Century Code is created and
2 enacted as follows:
3 37-17.1-14.6. Northern emergency management assistance compact.
4 The northern emergency management assistance compact is entered with all jurisdictions
5 legally joining the compact in the form substantially as follows:
6 ARTICLE I - NAME AND SCOPE
7 1. This compact is established as directed by the state and province emergency
8 management assistance memorandum of agreement and brought into force by
9 congressional consent on September 14, 2012, by the 112th Congress of the United
10 States of America.
11 2. The object of this compact shall be to facilitate cross-border emergency management
12 assistance through mutual aid.
13 ARTICLE II - MEMBERSHIP
14 1. Membership in this compact shall be open to the states and provinces having signed
15 the state and province emergency management assistance memorandum of
16 agreement, hereinafter referred to as party jurisdictions.
17 2. Representatives from the nonsignatory states and provinces as well as the national
18 governments of Canada and the United States shall be nonvoting members.
19 ARTICLE III - BOARD
20 1. The policies and direction of this compact shall be directed and controlled by a board
21 of directors, which shall consist of the directors of emergency management or
22 measures, or their designated official substitute from the party jurisdictions. The
23 designated official substitute shall be specified either on the jurisdiction's compact
24 contact sheet or in writing to the compact co-chairs.
25 2. The board may invite representatives from other governments, subject matter experts,
26 and such other individuals as they may deem appropriate to attend the compact
27 meetings as nonvoting participants.
28 ARTICLE IV - GOVERNMENT
29 1. The board of directors shall act as the governing body of this compact.
30 2. The following shall be the officers:
31 a. A co-chair elected from the participating states; and
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1 b. A co-chair elected from the participating provinces.
2 3. The co-chairs shall be elected biannually in alternate years.
3 4. In the event a co-chair is unable to fulfill the co-chair's term, a special election shall be
4 held at the next meeting, regular or special, to fill the remainder of the co-chair's term.
5 ARTICLE V - SUBCOMMITTEES AND WORKING GROUPS
6 1. The compact board of directors may appoint subcommittees and working groups as
7 needed.
8 2. Each subcommittee and working group shall be co-chaired by a representative of a
9 Canadian and a United States party jurisdiction.
10 3. The subcommittees and working groups shall report to this compact through the
11 co-chairs and the co-chairs are ex officio members of all subcommittees and working
12 groups.
13 ARTICLE VI - MEETINGS
14 1. This compact shall meet at least once a year at locations to be determined by the
15 board of directors.
16 2. Special meetings may be held at any time by order of the co-chairs.
17 3. Meetings may be held by conference call or other communication facilities that permit
18 all persons participating in the meeting to communicate with each other, and all
19 persons participating in the meeting by such means are deemed to be present.
20 4. A jurisdiction may participate at its own cost in any meeting by telephone or other
21 communication facilities that permit all persons participating in the meeting to
22 communicate with each other, and a person participating in a meeting by such means
23 is deemed to be present at the meeting.
24 5. The newest co-chair shall be responsible for creating a record of decisions for each
25 meeting.
26 6. The newest co-chair shall be responsible for distributing meeting agendas, records of
27 decisions, and any documents slated for discussion at a meeting to the board of
28 directors.
29 7. A meeting agenda and any documents slated for discussion at a meeting should be
30 circulated to the board of directors a minimum of thirty days prior to the meeting.
31 8. All meetings shall follow a form agreed to by the co-chairs.
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1 9. A quorum shall consist of a simple majority of party jurisdictions that consists of at
2 least one party jurisdiction from Canada and one party jurisdiction from the United
3 States of America. Jurisdictions participating by proxy shall not count towards a
4 quorum.
5 ARTICLE VII - VOTING
6 1. Each party jurisdiction shall have only one vote on any motion or election.
7 2. Motions may only be introduced or seconded by members of the board of directors
8 present or represented by proxy.
9 3. Motions arising at any meeting shall be determined by consensus. In the absence of
10 consensus a two-thirds majority is required from each of the Canadian and United
11 States of America party jurisdictions either present or represented by proxy. A vote
12 given in accordance with the terms of a proxy shall be valid.
13 4. If the director or designated official substitute of a party jurisdiction cannot attend a
14 meeting of the northern emergency management assistance compact, the party
15 jurisdiction may give a proxy to another jurisdiction. A proxy shall be in writing under
16 the hand of the director or designated official substitute. The proxy shall be delivered
17 to one of the co-chairs before or at the meeting. A proxy is valid for one meeting.
18 ARTICLE VIII - SIGNING AUTHORITY
19 Documents or other instruments requiring the signature of the compact shall be signed by
20 both co-chairs.
21 ARTICLE IX - AMENDMENTS
22 These bylaws may be amended by a two-thirds vote at any meeting of the compact
23 provided that thirty days' notice in writing be given of such meeting to the voting member of
24 each party jurisdiction and that the notice contains the text, or the general nature, of any
25 proposed amendments.
26 ARTICLE X - OPERATIONS MANUAL AND BYLAWS
27 1. The most recent past co-chair shall be responsible for updating and storing a copy of
28 the most recent version of the operations manual and bylaws.
29 2. Any party jurisdiction may request that amendments be made to the operations
30 manual and bylaws.
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1 3. All requests for amendments to the operations manual and bylaws shall be submitted
2 to the past co-chair responsible for the operations manual and bylaws.
3 4. Amendments to the operations manual and bylaws shall come into force on the date
4 that the operations manual or bylaws, respectively, are approved by the board of
5 directors or a later date as decided by the board of directors.
6 ARTICLE XI - TRAINING
7 The senior co-chair shall be responsible for coordinating delivery of the compact training
8 and exercises to party jurisdictions.
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Statutes affected: INTRODUCED: 37-17.1-14.2, 37-17.1-14.3
Enrollment: 37-17.1-14.2, 37-17.1-14.3