2 Chapter 2 Declaring an Emergency
Again we are needing to look at the legal authority to declare an emergency. Listed below are several sections of the Idaho Code that specifically address disaster preparedness. I have highlighted some of the code for emphasis.
TITLE 46
MILITIA AND MILITARY AFFAIRS CHAPTER 10
STATE DISASTER PREPAREDNESS ACT
46-1002. DEFINITIONS. As used in this act:
- (1) “Adjutant general” means the administrative head of the military division of the office of the governor.
- (2) “Disaster” means occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or man-made cause, including but not limited to fire, flood, earthquake, windstorm, wave action, volcanic activity, explosion, riot, or hostile military or paramilitary action and including acts of
- (3) “Emergency” means occurrence or imminent threat of a disaster or condition threatening life or property that requires state emergency assistance to supplement local efforts to save lives and protect property or to avert or lessen the threat of a disaster.
- (4) “Political subdivision” means any county, city, district, or other unit of state or local government.
- (5) “Militia” means all members of the Idaho army and air national guard in the service of the state.
- (6) “Office” means the Idaho office of emergency management within the military division.
- (7) “Search and rescue” means the employment, coordination, and utilization of available resources and personnel in locating, relieving distress and preserving life of, and removing survivors from the site of a disaster, emergency or hazard to a place of safety in case of lost, stranded, entrapped, or injured persons.
- (8) “Disaster emergency account” means the account created under this act for the purpose of paying obligations and expenses incurred by the state of Idaho during a declared state of disaster
- (9) “Bureau of hazardous materials” means the former bureau of hazardous materials, which is now a part of the Idaho office of emergency management in the military division of the office of the History:
[46-1002, added 1975, ch. 212, sec. 2, p. 584; am. 1981, ch. 320, sec.1, p. 667; am. 1997, ch. 121, sec. 10, p. 365; am. 2004, ch. 58, sec. 4,271; am. 2016, ch. 118, sec. 6, p. 334.][1]
TITLE 46
MILITIA AND MILITARY AFFAIRS
CHAPTER 10STATE DISASTER PREPAREDNESS ACT
46-1011. LOCAL DISASTER EMERGENCIES.
(1) A local disaster emergency may be declared only by a mayor or chairman of the county commissioners within their respective political subdivisions. It shall not be continued or renewed for a period in excess of seven (7) days except by or with the consent of the governing board of the political subdivision. Any order or proclamation declaring, continuing, or terminating a local disaster emergency shall be given prompt and general publicity and shall be filed promptly with the local county recorder.(2) The effect of a declaration of a local disaster emergency is to activate the response and recovery aspects of any and all applicable local intergovernmental disaster emergency plans and to authorize the furnishing of aid and assistance thereunder.(3) No intergovernmental agency or official thereof may declare a local disaster emergency, unless expressly authorized by the agreement pursuant to which the agency functions. However, an intergovernmental disaster agency shall provide aid and services in accordance with the agreement pursuant to which it functions. History:[46-1011, added 1975, ch. 212, sec. 2, p. 584.]
What this section of the Idaho Code does is provide immunity during an emergency. There are things you will have to do during an emergency that you could not get away with during normal times. As long as there is not willful misconduct or gross negligence you are protected. Willful misconduct is doing something you know is wrong when you knew it was going to cause a problem. Gross negligence is simply not caring for the damage or other impact of your actions. Sometimes these are really hard to prove in a court of law. However, you need to practice due diligence and not try to be a ignore the consequences of your actions.
TITLE 46
MILITIA AND MILITARY AFFAIRS CHAPTER 10
STATE DISASTER PREPAREDNESS ACT
46-1017. IMMUNITY. Neither the state, nor the office, nor any political subdivision thereof nor other agencies, nor, except in cases of willful misconduct, the agents, employees or representatives of any of them engaged in any civil defense, disaster or emergency and the planning or preparation for the same, or disaster or emergency relief activities, acting under proper authority, nor, except in cases of willful misconduct or gross negligence, any person, firm, corporation or entity under contract with them to provide equipment or work to be used in civil defense, disaster or emergency planning, preparation or relief, while complying with or attempting to comply with this act or any rule or regulation promulgated pursuant to the provisions of the act, shall be liable for the death of or any injury to persons or damage to property as a result of such activity. The provisions of this section shall not affect the right of any person to receive benefits to which he would otherwise be entitled under this act or under the worker’s compensation law or under any pension law, nor the right of any such person to receive any benefits or compensation under any act of congress.
History:
[46-1017, added 1975, ch. 212, sec. 2, p. 584; am. 2004, ch. 58, sec. 10, p. 276; am. 2016, ch. 118, sec. 17, p. 340.]
We will talk about mutual aid agreements later in the class but basically this allows a jurisdiction to call upon another jurisdiction to come an help. It addresses many issues related to states helping states. This same mechanism is present at the local level say like between fire departments and even local health districts.
TITLE 46
MILITIA AND MILITARY AFFAIRS CHAPTER 10
STATE DISASTER PREPAREDNESS ACT
46-1018. INTERSTATE MUTUAL AID COMPACT.
The state of Idaho hereby enacts into law and enters into the interstate mutual aid compact with those states who agree and enact the interstate mutual aid compact in accordance with the terms of the compact, which compact is substantially as follows:
INTERSTATE MUTUAL AID COMPACT
Article I
The purpose of this compact is to provide voluntary assistance among participating states in responding to any disaster or imminent disaster that overextends the ability of local and state governments to reduce, counteract, or remove the danger. Assistance may include but is not limited to rescue, fire, police, medical, communication, and transportation services and facilities to cope with problems which require use of special equipment, trained personnel, or personnel in large numbers not locally available.
Article II
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 50 U.S.C. 2281(g) and 2283 and the executive branch, by issuance of Executive Order No. 10186 of December 1, 1950, encourages the states to enter into emergency, disaster, and civil defense mutual aid agreements or pacts.
Article III
It is agreed by participating states that the following conditions will guide implementation of the compact:
(1) Participating states through their designated officials are authorized to request and receive assistance from a participating state. Requests will be granted only if the requesting state is committed to the mitigation of the emergency and other resources are not immediately available.
(2) Requests for assistance may be verbal or in writing. If the request is made by other than written communication, it must be confirmed in writing as soon as practical after the request. A written request shall provide an itemization of equipment and operators, types of expertise, and personnel or other resources needed. Each request must be signed by an authorized official.
(3) Personnel and equipment of the aiding state made available to the requesting state shall, whenever possible, remain under the control and direction of the aiding state. The activities of personnel and equipment of the aiding state must be coordinated by the requesting state.
(4) An aiding state has the right to withdraw some or all of its personnel and equipment whenever the personnel and equipment are needed by that state. Notice of intention to withdraw should be communicated to the Section 46-1018 – Idaho State Legislature https://legislature.idaho.gov/statutesrules/idstat/Title46/T46CH10/SECT…requesting state as soon as possible.
Article IV
(1) The requesting state shall reimburse the aiding state as soon as possible after the receipt by the requesting state of an itemized voucher requesting reimbursement of costs.
(2) Any state rendering aid pursuant to this compact must be reimbursed by the state receiving such aid for any damage to, loss of, or expense incurred in the operation of any equipment used in responding to a request for aid, and for the cost incurred in connection with such requests.
(3) Any state rendering aid pursuant to this compact must be reimbursed by the state receiving such aid for the cost of compensation and death benefits to injured officers, agents, or employees and their dependents or representatives if such officers, agents, or employees sustain injuries or are killed while rendering aid pursuant to this arrangement and such payments are made in the same manner and on the same terms as if the injury or death were sustained within the aiding state.
Article V
(1) All privileges and immunities from liability, exemptions from law, ordinances, and rules and all pension, disability relief, workers’ compensation, and other benefits that apply to the activity of officers, agents, or employees when performing their respective functions within the territorial limits of their respective political subdivisions apply to them to the same extent while engaged in the performance of any of their functions and duties extraterritorially under the provisions of this compact.
(2) All privileges and immunities from liability, exemptions from law, ordinances, and rules and workers’ compensation and other benefits that apply to duly enrolled or registered volunteers when performing their respective functions at the request of their state and within its territorial limits apply to the same extent while performing their functions extraterritorially under the provisions of this compact. Volunteers may include but are not limited to physicians, surgeons, nurses, dentists, structural engineers, and trained search and rescue volunteers.
(3) The signatory states, their political subdivisions, municipal or public corporations, and other public agencies shall hold harmless the corresponding entities and personnel thereof from the other states with respect to the acts and omissions of its own agents and employees that occur while providing assistance pursuant to the common plan.
(4) Nothing of this arrangement may be construed as repealing or impairing any existing interstate mutual aid agreements.
(5) Upon enactment of this compact by two (2) or more states, and annually by each January 1 thereafter, the participating states will exchange with each other the names of officials designated to request and provide services under this arrangement. In accordance with the cooperative nature of this arrangement, it is permissible and desirable for the states to exchange operational procedures to be followed in requesting assistance and reimbursing expenses.
(6) This compact becomes effective and is binding upon the states so acting when it has been enacted into law by any two (2) states. Thereafter, this compact becomes effective and binding as to any other Section 46-1018 – Idaho State Legislature https://legislature.idaho.gov/statutesrules/idstat/Title46/T46CH10/SECT…state upon similar action by such state.
(7) This compact remains binding upon a party state until it enacts a law repealing the compact and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states. An actual withdrawal may not take effect until the30th consecutive day after the notice has been sent. Such withdrawal does not relieve the withdrawing state from its obligations assumed under this compact prior to the effective date of withdrawal.
History:
[46-1018, added 1986, ch. 107, sec. 2, p. 295.]
02.05 Module 02 Discussion Forum-Declaring an Emergency-Link to Canvas Course
For this discussion, you will introduce yourself to your instructor and your classmates. Additionally, you will review the Emergency Response page for the Association of State and Territorial Health Officers.
Here is information about the group from their website:
ASTHO is the national nonprofit organization representing public health agencies in the United States, the U.S. Territories, and the District of Columbia, and over 100,000 public health professionals these agencies employ. ASTHO members, the chief health officials of these jurisdictions, formulate and influence sound public health policy and ensure excellence in state-based public health practice. ASTHO’s primary function is to track, evaluate, and advise members on the impact and formation of public or private health policy which may affect them and to provide them with guidance and technical assistance on improving the nation’s health.
Vision
State and territorial health agencies advancing health equity and optimal health for all.
Mission
ASTHO’s mission is to support, equip, and advocate for state and territorial health officials in their work of advancing the public’s health and well-being.
Our Membership
ASTHO’s voting membership includes the chief health officials for each U.S. state and territory, as well as the District of Columbia. In addition, a non-voting membership category has been established for ASTHO Alumni to encourage past state/territorial health officials to continue contributing to excellence in state and territorial public health by sharing their knowledge, experience, and expertise on key public health issues.
Now that you know who they are go to their specific page that is included in the text below.
Later in the module, you will return to reply to the posts of your peers.
Reviewing the document and responding:
Drafting Your Responses to the Assigned Questions and Prompts
Create a Google Document and compose a response addressing the following prompts:
Write responses to the following prompts:
-
- What was your initial response to declaring an emergency?
- How difficult might it be to declare an emergency?
- What are some of the “complications” that have to be taken into consideration that might arise by declaring an emergency?
Discussing Your Work
To discuss your findings, follow the steps below:
Step 01. After you have finished writing and proofreading your responses, click on the discussion board link below.
Step 02. In the Discussion Forum, create a new thread and title it using the following format: Yourname and the topic of the discussion board.
Step 03. In the Reply field of your post, copy and paste the text of your composition from the Document you created.
Step 04. Add bolding, underlining, or italics where necessary. Also, correct any spacing and other formatting issues. Make sure your post looks professional.
Step 05. If you need to upload a document or image you can do so by clicking on the Upload image (photo image button) or Upload document (Document button) in the text editor and locating and selecting your document from your computer.
Step 06. When you have completed proofreading, fixing your post formatting, and attaching your file, click on the Post Reply button.
Association of State and Territorial Health Officers
Emergency Declarations and Authorities
Fact Sheet
Overview
When a government declares a state of emergency—or does not make such a declaration—this decision determines the legal and operational resources available to respond to an emergency and has implications for governments, the private sector, and the public. Understanding the scope of state and federal emergency authorities and how they interact is an important part of preparing for and responding to public health emergencies.
State Emergency Declarations
Authorities Without an Emergency Declaration
State officials have existing broad powers to address emergency situations by virtue of the statutory authorities granted to their positions without formally declaring a state of emergency. A state health officer’s existing authorities generally contain a broad grant of authority to, among other things, abate nuisances, investigate the causes of disease, and institute quarantine measures. Depending on the circumstances of an event, these existing powers may be sufficient to adequately respond or allow initial response measures to begin until an emergency is declared. Identifying authorities and capabilities to respond to emergencies without a declaration may be necessary should an event not meet the statutory definition required to trigger an emergency declaration.
Authority to Declare Emergencies
When conditions warrant, all states have mechanisms that allow government officials to declare a state of emergency, thereby activating authorities and resources that are unavailable in non-emergencies (see below). All states give the governor the authority to declare one or more types of emergencies (see below). Increasingly states have granted state health officers/agency directors the authority to declare public health emergencies. Other state officials such as the emergency management agency director, homeland security director, or agricultural director may have similar powers. Local governments may have authority to declare an emergency and activate emergency authorities within their jurisdiction.
Types of State Emergencies
The determination of whether circumstances justify or require the declaration of an emergency depends on conditions set out in state law. Traditionally states have a general statute that permits the governor to declare a state of emergency for any type of emergency or natural disaster, which can be construed broadly to include disease epidemics and other public health emergencies. In the last decade, states have begun to refine their approaches to defining emergencies; a state may have one or more statutory definitions to define emergencies, including “disaster,” “emergency,” and “public health emergency.”1 In states with multiple types of emergencies, it may be possible to have more than one type of emergency declared at the same time. If so, state officials must clearly understand the authorities that flow from each declaration, agency roles and responsibilities, and the impacts on local governments, the private sector, and the public.
State Emergency Declaration Process
While unique to each state, generally the governor may declare an emergency by issuing an executive order or other declaration to that effect. The declaration addresses the effective dates and duration of the declaration, geographic areas of the state covered, conditions giving rise to the emergency, and the agency or agencies leading the response activities. The declaration may also identify state rules and regulations that are waived or suspended during the emergency. Governors may be required to seek legislative approval for the imposition of a state of emergency within a given time after the declaration (e.g., within 30 days). Alternatively, a governor may be able to declare a state of emergency for a specified period of time, but then would need legislative approval to renew the emergency declaration. For emergencies declared by other state executive officers like state health officers, such declarations may require simultaneous or subsequent approval by the governor and/or legislature. Locally declared emergencies may require approval by a local legislative body, state executive officers, and/or the state legislature.
Actions and Authorities Triggered by State Emergency Declarations
The declaration of a state emergency triggers an array of authorities and actions by state and/or local governments. Depending on the type of emergency declared, and the scope of authority granted to the state official making the emergency declaration, the actions and authorities engaged by a state emergency declaration can include:
- Activation of state emergency response plans and mutual aid agreements.
- Activation of state emergency operations center and incident command system (ICS).
- Authority to expend funds and deploy personnel, equipment, supplies, and
- Activation of statutory immunities and liability protections for those involved in response activities.
- Suspension and waiver of rules and regulations (and statutes, if allowed).
- Streamlining of state administrative procedures such as procurement requirements.
Federal Emergency Declarations and Authorities
As with the states, federal law imbues designated federal officials with broad powers that allow them to respond to and assist states and localities in responding to emergencies even without a federal emergency declaration. Thus, the secretary of Health and Human Services (HHS) has broad authority under Sections 301 and 311 of the Public Health Service Act to provide assistance to states and localities.2 Federal law also provides the president and other federal officials with authority to declare emergencies under specified conditions. Some of these federal authorities relevant to the public health context include:
- President—Stafford Act and the National Emergencies Act.
- HHS Secretary—Public Health Service Act Section 319 and Social Security Act Section 1135.
Actions and Authorities Triggered by Federal Emergency Declarations Federal emergency declarations activate legal and programmatic responses from federal agencies including:
- Activating federal assistance to states in the form of financial, personnel, services, logistical, and technical assistance.
- Triggering emergency provisions in other laws including Social Security Act Section 1135 waivers and statutory immunities and liability protections, such as the Public Readiness and Emergency Preparedness Act (PREP Act).
- Easing regulatory requirements on individuals, organizations, and state and local governments.
- Activating the National Response Framework, National Incident Management System, and other emergency response protocols and systems.
Implications of State and Federal Emergency Declarations and Authorities
An emergency declaration can change the legal and operational landscape in which governments, private organizations, and the public operate during an emergency. Emergency declarations, especially if they occur at multiple levels (federal, state, local), can confuse organizations and individuals. All state agencies need to understand the implications of operating under an emergency declaration, especially those that are not directly involved in response activities such as state procurement offices. States must also understand the legal and operational effects of a federal emergency declaration. Federal declarations may affect compliance with federal legal and programmatic requirements. Federal declarations generally do not alter state legislative and regulatory requirements; however, state law will be preempted to the extent it conflicts with federal law. State declarations are necessary to modify states legal requirements.
During H1N1, some states declared emergencies, while neighboring states did not. For some states, the relatively mild severity of the H1N1 influenza pandemic did not rise to the level needed to trigger the statutory requirements for an emergency declaration, or made states conclude that existing authorities were sufficient to handle the response. Differences in states’ decisions to declare an emergency, as well as the federal declaration and World Health Organization pandemic levels, proved confusing for healthcare providers, the private sector, and the public. State agencies were required to clearly communicate the impact of various declarations had in responding to H1N1.[2]
