NEW SECTION. Sec. 4. This act is necessary for the ... - Wa

[Pages:32]WASHINGTON LAWS, 1984

Ch. 38

NEW SECTION. Sec. 4. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.

Passed the Senate February 17, 1984. Passed the House February 16, 1984. Approved by the Governor February 23, 1984. Filed in Office of Secretary of State February 23, 1984.

CHAPTER 38

[Substitute Senate Bill No. 45611

EMERGENCY SERVICES DEPARTMENT REDESIGNATED THE DEPARTMENT

OF EMERGENCY MANAGEMENT- DUTIES MODIFIED

AN ACT Relating to emergency management; amending section I, chapter 6, Laws of 1972 ex. sess. and RCW 38.52.005; amending section 3, chapter 178, Laws of 1951 as last amended by section I, chapter 268, Laws of 1979 ex. sess. and RCW 38.52.010; amending section 2, chapter 178, Laws of 1951 as last amended by section 2, chapter 268, Laws of 1979 ex. sess. and RCW 38.52.020; amending section 4, chapter 178, Laws of 1951 as last amended by section 3, chapter 113, Laws of 1975 1st ex. sess. and RCW 38.52.030; amending section 5, chapter 178, Laws of 1951 as last amended by section 8, chapter 57, Laws of 1979 ex. sess. and RCW 38.52.040; amending section 6, chapter 178, Laws of 1951 as amended by section 7, chapter 171, Laws of 1974 ex. sess. and RCW 38.52.050; amending section 8, chapter 178, Laws of 1951 as amended by section 9, chapter 171, Laws of 1974 ex. sess. and RCW 38.52.070; amending section 9, chapter 178, Laws of 1951 as amended by section 10, chapter 171, Laws of 1974 ex. sess. and RCW 38.52.080; amending section 10, chapter 178, Laws of 1951 as amended by section 11, chapter 171, Laws of 1974 ex. sess. and RCW 38.52.090; amending section 12, chapter 178, Laws of 1951 as amended by section 12, chapter 171, Laws of 1974 ex. sess. and RCW 38.52.100; amending section 13, chapter 178, Laws of 1951 as last amended by section 13, chapter 171, Laws of 1974 ex. sess. and RCW 38.52.110; amending section 14, chapter 178, Laws of 1951 as amended by section 14, chapter 171, Laws of 1974 ex. sess. and RCW 38.52.120; amending section 16, chapter 178, Laws of 1951 as amended by section 16, chapter 171, Laws of 1974 ex. sess. and RCW 38.52.140; amending section 18, chapter 178, Laws of 1951 as amended by section 17, chapter 171, Laws of 1974 ex. sess. and RCW 38.52.150; amending section 19, chapter 178, Laws of 1951 as amended by section 18, chapter 171, Laws of 1974 ex. sess. and RCW 38.52.160; amending section 20, chapter 178, Laws of 1951 as amended by section 19, chapter 171, Laws of 1974 ex. sess. and RCW 38.52.170; amending section II, chapter 178, Laws of 1951 as last amended by section 20, chapter 171, Laws of 1974 ex. sess. and RCW 38.52.180; amending section 3, chapter 223, Laws of 1953 as amended by section 21, chapter 171, Laws of 1974 ex. sess. and RCW 38.52.190; amending section 7, chapter 8, Laws of 1971 ex. sess. as amended by section 22, chapter 171, Laws of 1974 ex. sess. and RCW 38.52.195; amending section 9, chapter 223, Laws of 1953 as amended by section 23, chapter 171, Laws of 1974 ex. sess. and RCW 38.52.200; amending section 4, chapter 8, Laws of 1971 ex. sess. as last amended by section 43, chapter 151, Laws of 1979 and RCW 38.52.205; amending section 5, chapter 8, Laws of 1971 ex. sess. as amended by sectiun 25, chapter 171, Laws of 1974 ex. sess. and RCW 38.52.207; amending section 4, chapter 223, Laws of 1953 as last amended by section 6, clapter 213, Laws of 1981 and RCW 38.52.210; amending section 5, chapter 223, Laws of 1953 as amended by section 3, chapter 8, Laws of 1971 ex. sess. and RCW 38.52.220; amending section 7, chapter 223, Laws of 1953 as amended by section 27, chapter 171, Laws of 1974 ex. sess. and RCW 38.52.240; amending section 8, chapter 223, Laws of 1953 as amended by section 28, chapter 171, Laws of 1974 ex. sess. and RCW 38.52.250; amending section 10, chapter 223, Laws of 1953 as amended by section 29, chapter 171, Laws of 1974 ex. sess. and RCW 38.52.260; amending section I1, chapter 223, Laws of 1953 as amended by section 30, chapter 171, Laws of 1974 ex. sess. and RCW 38.52.270; amending section 12, chapter 223, Laws of 1953 as amended by section 31,

13171

Ch. 38

WAShIIINGTON LAWS, 1984

chapter 171. Laws of 1974 ex. s,'ss. and RCW 38.52.280; amending section 13, chapter 223, Laws of 1953 as last amended 16ysection 32, chapter 171, Laws of 1974 ex. sess. and RCW 38.52.290; amending section 14, chapter 223, Laws of 1953 as amended by section 59, chapter 154, Laws of 1973 Ist ex. sess. and RCW 38.52.300; amending section 15, chapter 223, Laws of 1953 as amended by section 33, chapter 171, Laws of 1974 ex. sess. and RCW 38.52.310; amending section 16, chapter 223, Laws of 1953 as amended by section 34, chapter 171, Laws of 1974 ex. sess. and RCW 38.52.320; amending section 17, chapter 223, Laws of 1953 as last amended by section 3, chapter 268, Laws of 1979 ex. scss. and RCW 38.52.330; amending section 18, chapter 223, Laws of 1953 as amended by section 36, chapter 171, Laws of 1974

ex. sess. and RCW 38.52.340; amending section 19, chapter 223, Laws of 1953 as amended by section 37, chapter 171, Laws of 1974 ex. sess. and RCW 38.52.350; amending section 20, chapter 223, Laws of 1953 as amended by section 38, chapter 171, Laws of 1974 ex. sess. and RCW 38.52.360; amending section 21, chapter 223, Laws of 1953 as amended by section 39, chapter 171, Laws of 1974 ex. sess. and RCW 38.52.370; amending section 22, chapter 223,

Laws of 1953 as amended by section 40, chapter 171, Laws of 1974 cx. sess. and RCW 38.52.380; amending section 6, chapter 8, Laws of 1971 cx. sess. and RCW 38.52.390; amending

section 4, chapter 268, Laws of 1979 ex. sess. and RCW 38.52.400; amending section 5, chapter 268, Laws of 1979 ex. sess. and RCW 3P.52.410; amending section i, chapter 178, Laws or 1951 as amended by section 41, chapter I;I, Laws of 1974 ex. sess. and RCW 38.52.900 repealing section 2, chapter 6, Laws of 1972 ex. sess. and RCW 38.52.006; repealing section 7, chapter 178, Laws of 1951, section 8, chapter 171, Laws of 1974 ex. scss. and RCW 38.52.060; repealing section 15, chapter 178, Laws of 1951, section 2, chapter 145, Laws of 1953, section

15, chapter 171, Laws of 1974 ex. scss. and RCW 38.52.130; repealing section 4, chapter 223, Laws of 1982 and RCW 43.131.251; and repealing section 8, chapter 223, Laws of 1982 aund RCW 43.131.252.

Be it enacted by the Legislature of the State of Washington:

Sec. 1. Section I, chapter 6, Laws of 1972 ex. sess. and RCW 38.52-

.005 are each amended to read as follows:

On and after ((May 23, 19?2)) July 1, 1984, the state department of

((civil defens )) emergency services shall be known and designated as the department of emergency ((services)) management which shall administer

the comprehensive emergency management program of ((civil-d-eFtse-i )) the state of Washington as provided for in this chapter. All local organiza-

tions, organized and performing ((civil-defense)) emergency management

functions pursuant to RCW 38.52.070, ((shall he~,fcforth)) may change

their name and be called the .......... department/division of emergency

(seiviccs. Th axdvisory counilt creted~ pursutii to RW 38.52,.6-4,,8,

hetanfoenbe

nddr...,e

a

th?

enO,..mig.U$n

hIIIm

council)) management.

Sec. 2. Section 3, chapter 178, Laws of 1951 as last amended by sec-

tion 1, chapter 268, Laws of 1979 ex. sess. and RCW 38.52.010 are each

amended to read as follows:

As used in this chapter:

(1) "Emergency ((services)) management" or "comprehensive emer-

gency management" means the preparation for and the carrying out of all

emergency functions, other than functions for which the military forces are

primarily responsible, to ((ini i,

paa Ijaiay d danage)) miti-

gate, prepare for, respond to, and recover from emergencies and disasters,

and to aid victims suffering from injury or damage, resulting from disasters

caused by (e n y attnaa., a ta , utiogtol. hostil. actioi, o, by fire, food,

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WASHINGTON LAWS, 1984

Ch. 38

s,,ie,nthq,uak,, u u,......atu a! calscs)) all hazards, whether natural or man-made, and to provide support for search and rescue operations for persons and property in distress. However, "emergency management" or "comprehensive emergency management" does not mean preparation for eamttearcg.en(c(yThevsacuFautinocnio-no'r nrinetlaolucateionw.iot.hf.o.rue.s.ide.n.t.s..in nanftiicriep.fa.igtitoningolf nucIle,ar,,

aI, sinsi,ndiologic, cheical

Pand otillsil.

wepn deene evac.untion of peisna front srike1n areas, eiege

w

srvic,el,ffil

P55IIIIl..y

tinnsotaLIuI ttlui,

fun..tius of p.l.at p-Ou.LCui.kl,iipua y

ei tln oi pol

ssi i g,n5e1d

nutui Of publc utility -

a11d Utlil funUtiuos elated tU ?111ll protion,[tua tO , IlitL Lll Utll. nc.

tsvitis,, necsy

us incidenktal to tlie p, epait; 1 gild f~, carying~ out OF the

fIUginUI, Funions.UI3))

(2) "Local organization for emergency services or management" means

an organization created in accordance with the provisions of this chapter by

state or local authority to perform local emergency ((services)) management

functions. (3) (("

M..oble

suppo

t

unt"

.I..alS. g.ai..t....f.or ..

cys el

v.e created in n

with the provisions of thin. chaptie by s_u ,

lu,.p ,auit u 0 uluL.pl

3 lt.uVi~st

ui'gsii

IlocIa nuIthl

illqto bellwdisathe ,l1V , byltlwlKg ll ei-

t sp

le en

lc

l rg n

(44)) "Political subdivision" means any county, city or town.

(((-5))) (4)"Emergency ((services)) worker" means any person who is

registered with a state or local emergency ((services)) management organi-

zation and holds an identification card issued by the state or local emergen-

cy ((services)) management director for the purpose of engaging in

authorized emergency ((services)) management activities or is an employee

of the state of Washington or any political subdivision thereof who is called

upon to perform emergency ((services)) management activities.

((())(5)"Injury" as used in this chapter shall mean and include ac-

cidental injuries and/or occupational diseases arising out of emergency

((services)) management activities.

((f-7))) (6)"Emergency or disaster" as used in this chapter shall mean

(( its, Aii-sisy uut Of tle - iy

, sabUtage., o, -t,

Iostilet ac-

tion, u atlal caue, Wlic h .l)) an event or set of circumstances

which: (a) Demands immediate action to preserve public health, protect life,

protect public property, or to provide relief to any stricken community

overtaken by such occurrences, or (b) reaches such a dimension or degree of

destructiveness as to warrant the governor declaring a state of emergency

pursuant to RCW 43.06.010.

(((-8))) (7)"Search and rescue" means the acts of searching for, res-

cuing, or recovering by means of ground, marine, or air activity any person

who becomes lost, injured, or is killed while outdoors or as a result of a

[ 3191

Ch. 38

WASHINGTON LAWS, 1984

natural or man-made disaster, including instances involving searches for downed aircraft when ground personnel are used. Nothing in this section shall affect appropriate activity by the department of transportation under chapter 47.68 RCW.

(8) "Executive head" and "executive heads" means the county executive in those charter counties with an elective office of county executive, however designated, and, in the case of other counties, the county legislative authority. In the case of cities and towns, it means the mayor.

(9) "Director" means the director of the state department of emergency management as established by this chapter.

(10) "Local director" means the director of a local organization of emergency management or emergency services.

*Sec. 3. Section 2, chapter 178, Laws of 1951 as last amended by sec-

tion 2, chapter 268, Laws of 1979 ex. sess. and RCW 38.52.020 are each amended to read as follows:

(I) Because of the existing and increasing possibility of the occurrence of disasters of unprecedented size and destructiveness ((resulting fir

iy aitta ,k, sbo Utg c td hosLi.lt.i acti,.. oii, i f 1 11 1 r , flod, soi-iii, cait,,qua,,e, oiofc, 1 ,atu,,,l causes)) as defined in RCW 38.52.010(6), and in order to insure that preparations of this state will be adequate to deal with such disasters, to insure the administration of state and federal programs providing disaster relief to individuals, and further to insure adequate support for search and rescue operations, and generally to ((proide-for-the co-oi df,ns,, a,,d w)) protect the public peace, health, and safety, and to preserve the lives and property of the people of the state, it is hereby found and declared to be necessary:

(a) To create a state department of emergency ((services)) management, and to authorize the creation of local organizations for emergency ((se.rvices)) management in the political subdivisions of the state;

(b) To confer upon the governor and upon the executive heads of the political subdivisions of the state the emergency powers provided herein;

(c) To provide for the rendering of mutual aid among the political subdivisions of the state and with other states and to cooperate with the federal government with respect to the carrying out of emergency ((services)) management functions;

(d) To provide a means of compensating emergency ((se.rvices)) management workers who may suffer any injury, as herein defined, or death; who suffer economic harm including personal property damage or loss; or who incur expenses for transportation, telephone or other methods of communication, and the use of personal supplies as a result of participation in emergency ((services)) management activities; and

(e) To provide programs, with intergovernmental cooperation, to educate and train the public to be prepared for emergencies.

[ 320 1

WASHINGTON LAWS, 1984

Ch. 38

(2) It is further declared to be the purpose of this chapter and the policy of the state that all emergency ((services)) management functions of this state and its political subdivisions be coordinated to the maximum extent with the comparable functions of the federal government including its various departments and agencies of other states and localities, and of private agencies of every type, to the end that the most effective preparation and use may be made of the nation's manpower, resources, and facilities for dealing with any disaster that may occur.

(3) The legislature also recognizes that the possibility of surviving a nuclear attack is extremely remote, and believes that planning for an emergency response in the event of a nuclear attack instills a false sense of security in our citizens that they will be protected if a nuclear attack occurs. It is the policy of the state that the emergency management functions of this state, and its political subdivisions, be used for dealing with disasters that may occur other than nuclear attack.

*Sec. 3 was partially vetoed, see message at end of chapter.

Sec. 4. Section 4, chapter 178, Laws of 1951 as last amended by section 3, chapter 113, Laws of 1975 Ist ex. sess. and RCW 38.52.030 are each amended to read as follows:

(1) There is hereby created within the executive branch of the state government a department of emergency ((sevices,a,- a di,.,u, of e,

i1-,.~ I

?1,3 ; hIll~ltl.l na te

.La.lc

theI diiItor)

wPo

shatll

be,, the[, lica, t hei c~.

of)) management. The department shall be headed by the director of

emergency management. The director shall be appointed by the governor

with the advice and consent of the senate; the director shall not hold any

other state office; the director shall hold office ((during)) at the pleasure of

the governor, and shall be compensated at the rate established by the ((goc .a.d..i.s..r coninittee ons6ii,,,, and wages)) governor, subject

to RCW 43.03.040. (2) The director may employ such ((teci,.. , l, -....... .t...i.pii.

and other)) personnel and may make such expenditures within the appropriation therefor, or from other funds made available for purposes of emergency ((services)) management, as may be necessary to carry out the purpo(s3e)s (o(Tf.th.his.c.h.ap.t.er..an.. .... .... . .............s.h..a .l .b..e..p..r..

vided with, aptpint

oUfiel pacc, furntm~ure, cttuip..ment , s.uppli,, stntioin-

ery, ,,,, printing in t.,.,., sai-,e ,-,ar, r, ras prv ided for personnel,,, o h,,,

state agen ies.

(4-)) The director, subject to the direction and control of the governor, shall be the executive head of the department and shall be responsible to the governor for carrying out the program for emergency ((services)) management of this state. The director shall coordinate the activities of all organizations for emergency ((services)) management within the state, and shall

[321]

Ch. 38

WASHINGTON LAWS, 1984

maintain liaison with and cooperate with emergency ((servics)) manage-

ment agencies and organizations of other states and of the federal govern-

ment, and shall have such additional authority, duties, and responsibilities

authorized by this chapter, as may be prescribed by the governor.

(((5))) (4) The director shall develop and maintain a comprehensive,

all hazard emergency plan for the state which shall include an analysis of

the natural and man-caused hazards which could affect the state of

Washington, and shall include the procedures to be used during emergencies

for coordinating local resources, as necessary, and the resources of all state

agencies, departments, commissions, and boards. The comprehensive, all-

hazard emergency plan authorized under this subsection may not include

preparation for emergency evacuation or relocation of residents in anticipa-

tion of nuclear attack. This plan shall be known as the comprehensive

emergency management plan.

(5) In accordance with the comprehensive emergency management

plans and the programs for the emergency management of this state, the

director shall procure supplies and equipment, institute training programs

and public information programs, and shall take all other preparatory steps,

including the partial or full mobilization of emergency management organi-

zations in advance of actual disaster, to insure the furnishing of adequately

trained and equipped forces of emergency management personnel in time of

need.

(6) The director shall make such studies and surveys of the industries,

resources, and facilities inthis state as may be necessary to ascertain the

capabilities of the state for emergency management, and shall plan for the

most efficient emergency use thereof.

(7)The director ((shaf)) may appoint a communications coordinating

committee consisting of six to eight persons with the director, or his desig-

nee, as chairman thereof, Three of the members shall be appointed from

qualified, trained and experienced telephone communications administrators

or engineers actively engaged in such work within the state of Washington

at the time of appointment, and three of the members shall be appointed

from qualified, trained and experienced radio communication administrators

or engineers actively engaged in such work within the state of Washington

at the time of appointment. This committee shall ((be givenfu- and com-

I autho. ty v ltil plansi fu tl e direction andcon 1 trol of a UIIyc

cations~ facilitie orfncin

to be upeinted ut con1 trolled a11d, t

F

ltah te, Uby tIIe depinttlLIKI. of eineigelnUty seiviJ V .t, C.

aimy l al oga-izaionatuI f emergeincy sevis)) advise the director on all aspects of the communications and warning systems and facilities operated or controlled under the provisions of this chapter.

((())(8)The director shall appoint a state coordinator of search and rescue operations, who shall coordinate those state resources, services and

1 3221

WASHINGTON LAWS, 1984

Ch. 38

facilities (other than those for which the state director of aeronautics is directly responsible) requested by political subdivisions in support of search and rescue operations, and who shall on request maintain liaison with and coordinate the resources, services, and facilities of political subdivisions when more than one political subdivision is engaged in joint search and rescue operations.

(((-t)) (9) The director, subject to the direction and control of the governor, shall prepare and administer a state program for emergency assistance to individuals within the state who are victims of a natural or manmade disaster ((caused b-y ,ni..iy .,t,.k, sao,t, or ,th1 , ho il acton, o, by fie, flud, stulnizo, Catihquaki, or oth.r matuti l -M , as defined by RCW 38.52.010(6). Such program may be integrated into and coordinated with disaster assistance plans and programs of the federal government which provide to the state, or through the state to any political subdivision thereof, services, equipment, supplies, materials, or funds by way of gift, grant, or loan for purposes of assistance to individuals affected by a disaster. Further, such program may include, but shall not be limited to, grants, loans, or gifts of services, equipment, supplies, materials, or funds of the state, or any political subdivision thereof, to individuals who, as a result of a disaster, are in need of assistance and who meet standards of eligibility for disaster assistance established by the department of social and health services: PROVIDED, HOWEVER, That nothing herein shall be construed in any manner inconsistent with the provisions of Article VIII, section 5 or section 7 of the Washington state Constitution.

Sec. 5. Section 5, chapter 178, Laws of 1951 as last amended by sec-

tion 8, chapter 57, Laws of 1979 ex. sess. and RCW 38.52.040 are each

amended to read as follows:

There is hereby created ((an)) the emergency ((services)) management

council (hereinafter called the council), to consist of not less than seven nor

more than fifteen members who shall be appointed by the governor. The

council shall advise the governor and the director on all matters pertaining

to emergency ((services)) management. The ((d..tu SlSCI as char-

ma Of tl,. ,.,,

,g, tad ,,.,, 1,.,. thereof)) membership of the council

shall include, but not be limited to, representatives of city and county gov-

ernments, sheriffs and police chiefs, local emergency management directors,

search and rescue volunteers, medical professions who have expertise in

emergency medical care, private industry, and local fire chiefs. The council

members shall elect a chairman from within the council membership. The

members of the council shall serve without compensation, but may be reim-

bursed for their travel expenses incurred in the performance of their duties

in accordance with RCW 43.03.050 and 43.03.060 as now existing or here-

after amended.

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Ch. 38

WASHINGTON LAWS, 1984

Sec. 6. Section 6, chapter 178, Laws of 1951 as amended by section 7, chapter 171, Laws of 1974 ex. sess. and RCW 38.52.050 are each amended to read as follows:

(1) The governor, through the director, shall have general supervision and control of the department of emergency ((services)) management, and shall be responsible for the carrying out of the provisions of this chapter, and in the event of disaster beyond local control, may assume direct operational control over all or any part of the emergency ((services)) management functions within this state.

(2) In performing his duties under this chapter, the governor is authorized to cooperate with the federal government, with other states, and with private agencies in all matters pertaining to the emergency ((services)) management of this state and of the nation.

(3) In performing his duties under this chapter and to effect its policy and purpose, the governor is further authorized and empowered:

(a) To make, amend, and rescind the necessary orders, rules, and regulations to carry out the provisions of this chapter within the limits of the authority conferred upon him herein, with due consideration of the plans of the federal government; ((co of alll of iu ,Idrules, eguations a d 1 ,

(b) To prepar a compu li~v

plait an programi futh

em1e.r~g1e.nt1cy

uefvtchnn stc stuch plain atid progratoL be. incre

into and ai

lah state to t,h1 filst ete. t possile, and t . coo _d.ti ... pie.paiatio

of this~ sLtat,

pl

eciitlVt g1.IiIcy eiv ILaI

t ltLo1.h ;,gIad

intto a1 d cooll nate lt thl

an piiogrmi oifgutLhiL stte o-the fllest possile

extent,

(c.) In a1ccoidan i,, ;th~ such plant a1 d pigin fbi th1e caegn e

vic. of thi state,

to pi u1.te

s.~upplies, atd eqguipmen.lt, tinstituj

t tiii

IuuaiaUI

nud publ c. inforatin paugiattt, aUnd to take. all tltm1l pipat

tut y s~te.ps including t-e1 paria or fall miliz~Uati of emet. .ieny 1. t..

i

-agtni , i.ii. adva. c c .f actual..

.. , t..o . t . t t

....... f d .. .

q~uat1.ly tiind

a n~ e. qudppe1 fames of emergenc1It1y s1.i vices linsonni1. iii Ltii1.

of need~

ficilitU in thLn state as may bUltlt1.1l.1css aL od 1.t taith

clapab--ilties f t 1,

Stte Col eltlt

"be-therecF,

, acUpsldtl1i..

tu pitnn fua the ntiouat .ff.ic i nt .tI.m..Ic"

ft-))) (b) On behalf of this state, to enter into mutual aid arrangements

with other states and territories, or provinces of the Dominion of Canada

I 324 1

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