Emergency services mutual aid.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0477

HOUSE BILL
NO.
HB0336

Emergency services mutual aid.

Sponsored by:
Representative(s) Latta

A BILL

for

AN ACT relating to emergency services mutual aid agreements; providing for mutual aid agreements as specified; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 19
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13
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201, 19
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13
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202(a)(iv), 19
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13
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203(a) and (c) and 19
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13
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209 are amended to read:

19
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13
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201.

Short title.

This act shall be known and may be cited as the "
Interstate
Emergency Services Mutual Aid Act".

19
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13
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202.

Definitions.

(a)

As used in this act, unless the context requires otherwise, the following definitions apply:

(iv)

"Mutual aid agreement" or "agreement" means an agreement
, consistent with the purposes of this act, by one (1) or more fire protection services, emergency medical care providers or local government subdivisions of this state with one (1) or more fire protection services, emergency medical care providers, emergency management programs or local government subdivisions of any other state or the United States

authorized under W.S. 19
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13
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203
;

19
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13
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203.

Authorization to enter agreement; general content; authority.

(a)

A mutual aid agreement to provide emergency services to the area covered by the agreement may be entered into between:

(i)

Any one (1) or more fire protection services, emergency medical care providers, emergency management programs or local government subdivision of this state
may enter into a mutual aid agreement
with any one (1) or more fire protection services, emergency medical care providers, emergency management programs or local government subdivisions of any other state or the United States
.

to provide emergency services to the area covered by the agreement.
The agreement shall be authorized and approved by the governing body of each party to the agreement that is not an agency of the United States government
;
.

or

(ii)

Any number of fire protection services, emergency medical care providers, emergency management programs or local government subdivisions of this state with any other fire protection services, emergency medical care providers, emergency management programs or local government subdivisions of this state, if every municipality within the counties and the counties where the fire protection services, emergency medical care providers, emergency management programs or local government subdivisions exist enters the mutual aid agreement. The agreement shall be authorized and approved by the governing body of each party to the agreement.

(c)

A mutual aid agreement shall grant a fire protection service, emergency management program or emergency medical care provider of this state authority to operate outside of
the state
its local area
and
, if entered pursuant to paragraph (a)(i) of this section,
shall grant authority for a fire protection service, emergency management program or emergency medical care provider of another state or the United States to operate within this state as if the fire service, emergency management program or emergency medical care provider were organized and operated under the laws of this state.

19
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13
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209.

Right of state in actions involving agreements.

In any case or controversy involving performance or interpretation of or liability under a mutual aid agreement entered
into between one (1) or more fire protection services, emergency medical care providers, emergency management programs or local government subdivisions of this state and one (1) or more fire protection services, emergency medical care providers, emergency management programs or local government subdivisions of another state or of the United States
pursuant to this act
,
the parties to the agreement are the real parties in interest. This state may maintain an action against any fire protection service, emergency medical care provider, emergency management program or local government subdivision whose default, failure, performance or other conduct caused or contributed to a loss or liability incurred by the state.

Section 2.
This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

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HB0336