Sec. 28-23a. Emergency Management Assistance Compact.
Sec. 28-23a. Emergency Management Assistance Compact. This state hereby
joins in a compact with such other states and territories legally joining therein, in the
form substantially as follows:
Emergency Management Assistance Compact
Article I. Purposes and Authorities.
This compact is made and entered into by and between the participating member
states which enact this compact, hereinafter called party states. For the purposes of this
agreement, the term "states" is taken to mean the several states, the Commonwealth of
Puerto Rico, the District of Columbia, and all United States territorial possessions.
The purpose of this compact is to provide for mutual assistance between the states
entering into this compact in managing any emergency or disaster that is duly declared
by the Governor of the affected state, whether arising from natural disaster, technological
hazard, man-made disaster, civil emergency aspects of resources shortages, community
disorders, insurgency or enemy attack.
This compact shall also provide for mutual cooperation in emergency-related exercises, testing or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party states or subdivisions
of party states during emergencies, such actions occurring outside actual declared emergency periods. Mutual assistance in this compact may include the use of the states'
National Guard forces, either in accordance with the National Guard Mutual Assistance
Compact or by mutual agreement between states.
Article II. General Implementation.
Each party state entering into this compact recognizes many emergencies transcend
political jurisdictional boundaries and that intergovernmental coordination is essential
in managing these and other emergencies under this compact. Each state further recognizes that there will be emergencies which require immediate access and present procedures to apply outside resources to make a prompt and effective response to such an
emergency. This is because few, if any, individual states have all the resources they
may need in all types of emergencies or the capability of delivering resources to areas
where emergencies exist.
The prompt, full and effective utilization of resources of the participating states, including any resources on hand or available from the federal government or any other
source, that are essential to the safety, care and welfare of the people in the event of any
emergency or disaster declared by a party state, shall be the underlying principle on
which all articles of this compact shall be understood.
On behalf of the Governor of each state participating in the compact, the legally
designated state official who is assigned responsibility for emergency management will
be responsible for formulation of the appropriate interstate mutual aid plans and procedures necessary to implement this compact.
Article III. Party State Responsibilities.
A. It shall be the responsibility of each party state to formulate procedural plans and
programs for interstate cooperation in the performance of the responsibilities listed in
this article. In formulating such plans and in carrying them out, the party states, insofar
as practical, shall:
i. Review individual state hazards analyses and, to the extent reasonably possible,
determine all those potential emergencies the party states might jointly suffer, whether
due to natural disaster, technological hazard, man-made disaster, emergency aspects of
resource shortages, civil disorders, insurgency or enemy attack.
ii. Review party states' individual emergency plans and develop a plan which will
determine the mechanism for the interstate management and provision of assistance
concerning any potential emergency.
iii. Develop interstate procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans.
iv. Assist in warning communities adjacent to or crossing the state boundaries.
v. Protect and assure uninterrupted delivery of services, medicines, water, food, energy and fuel, search and rescue, and critical lifeline equipment, services and resources,
both human and material.
vi. Inventory and set procedures for the interstate loan and delivery of human and
material resources, together with procedures for reimbursement or forgiveness.
vii. Provide, to the extent authorized by law, for temporary suspension of any statutes.
B. The authorized representative of a party state may request assistance of another
party state by contacting the authorized representative of that state. The provisions of
this agreement shall only apply to requests for assistance made by and to authorized
representatives. Requests may be verbal or in writing. If verbal, the request shall be
confirmed in writing within thirty days of the verbal request. Requests shall provide the
following information:
i. A description of the emergency service function for which assistance is needed,
such as but not limited to, fire services, law enforcement, emergency medical services,
transportation, communications, public works and engineering, building inspection,
planning and information assistance, mass care, resource support, health and medical
services and search and rescue.
ii. The amount and type of personnel, equipment, materials and supplies needed, and
a reasonable estimate of the length of time they will be needed.
iii. The specific place and time for staging of the assisting party's response and a point
of contact at that location.
C. There shall be frequent consultation between state officials who have assigned
emergency management responsibilities and other appropriate representatives of the
party states with affected jurisdictions and the United States government, with free
exchange of information, plans and resource records relating to emergency capabilities.
Article IV. Limitations.
Any party state requested to render mutual aid or conduct exercises and training for
mutual aid shall take such action as is necessary to provide and make available the
resources covered by this compact in accordance with the terms hereof, provided that
it is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for such state. Each party state shall afford to the
emergency forces of any party state, while operating within its state limits under the
terms and conditions of this compact, the same powers, except that of arrest unless
specifically authorized by the receiving state, duties, rights and privileges as are afforded
forces of the state in which they are performing emergency services. Emergency forces
will continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the emergency services authorities
of the state receiving assistance. These conditions may be activated, as needed, only
subsequent to a declaration of a state of emergency or disaster by the Governor of the
party state that is to receive assistance or commencement of exercises or training for
mutual aid and shall continue so long as the exercises or training for mutual aid are in
progress, the state of emergency or disaster remains in effect or loaned resources remain
in the receiving state or states, whichever is longer.
Article V. Licenses and Permits.
Whenever any person holds a license, certificate or other permit issued by any state
party to the compact evidencing the meeting of qualifications for professional, mechanical or other skills, and when such assistance is requested by the receiving party state,
such person shall be deemed licensed, certified or permitted by the state requesting
assistance to render aid involving such skill to meet a declared emergency or disaster,
subject to such limitations and conditions as the Governor of the requesting state may
prescribe by executive order or otherwise.
Article VI. Liability.
Officers or employees of a party state rendering aid in another state pursuant to this
compact shall be considered agents of the requesting state for tort liability and immunity
purposes; and no party state or its officers or employees rendering aid in another state
pursuant to this compact shall be liable on account of any act or omission in good faith
on the part of such forces while so engaged or on account of the maintenance or use of
any equipment or supplies in connection therewith. Good faith in this article shall not
include wilful misconduct, gross negligence or recklessness.
Article VII. Supplementary Agreements.
Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid
among two or more states may differ from that among the states that are party hereto,
this instrument contains elements of a broad base common to all states, and nothing
herein contained shall preclude any state from entering into supplementary agreements
with another state or affect any other agreements already in force between states. Supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police,
public utility, reconnaissance, welfare, transportation and communications personnel
and equipment and supplies.
Article VIII. Compensation.
Each party state shall provide for the payment of compensation and death benefits to
injured members of the emergency forces of that state and representatives of deceased
members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the
injury or death were sustained within their own state.
Article IX. Reimbursement.
Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to or expense incurred
in the operation of any equipment and the provision of any service in answering a request
for aid and for the costs incurred in connection with such requests; provided, that any
aiding party state may assume in whole or in part such loss, damage, expense, or other
cost or may loan such equipment or donate such services to the receiving party state
without charge or cost; and provided further, that any two or more party states may enter
into supplementary agreements establishing a different allocation of costs among those
states. Article VIII expenses shall not be reimbursable under this provision.
Article X. Evacuation.
Plans for the orderly evacuation and interstate reception of portions of the civilian
population as the result of any emergency or disaster of sufficient proportions to so
warrant, shall be worked out and maintained between the party states and the emergency
management or services directors of the various jurisdictions where any type of incident
requiring evacuations might occur. Such plans shall be put into effect by request of the
state from which evacuees come and shall include the manner of transporting such
evacuees, the number of evacuees to be received in different areas, the manner in which
food, clothing, housing and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends, and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies
and all other relevant factors. Such plans shall provide that the party state receiving
evacuees and the party state from which the evacuees come shall mutually agree as
to reimbursement of out-of-pocket expenses incurred in receiving and caring for such
evacuees, for expenditures for transportation, food, clothing, medicines and medical
care and like items. Such expenditures shall be reimbursed as agreed by the party state
from which the evacuees come. After the termination of the emergency or disaster, the
party state from which the evacuees come shall assume the responsibility for the ultimate
support of repatriation of such evacuees.
Article XI. Implementation.
A. This compact shall become operative immediately upon its enactment into law by
any two states; thereafter, this compact shall become effective as to any other state upon
its enactment by such state.
B. Any party state may withdraw from this compact by enacting a statute repealing
the same, but no such withdrawal shall take effect until thirty days after the Governor
of the withdrawing state has given notice in writing of such withdrawal to the governors
of all other party states. Such action shall not relieve the withdrawing state from obligations assumed hereunder prior to the effective date of withdrawal.
C. Duly authenticated copies of this compact and of such supplementary agreements
as may be entered into shall, at the time of their approval, be deposited with each of the
party states and with the Federal Emergency Management Agency and other appropriate
agencies of the United States government.
Article XII. Validity.
This compact shall be construed to effectuate the purposes stated in Article I hereof.
If any provision of this compact is declared unconstitutional, or the applicability thereof
to any person or circumstances is held invalid, the constitutionality of the remainder of
this compact and the applicability thereof to other persons and circumstances shall not
be affected thereby.
Article XIII. Additional Provisions.
Nothing in this compact shall authorize or permit the use of military force by the
National Guard of a state at any place outside that state in any emergency for which the
President is authorized by law to call into federal service the militia, or for any purpose
for which the use of the Army or the Air Force would, in the absence of express statutory
authorization, be prohibited under 18 USC 1385.
(P.A. 00-32, S. 1.)
History: (Revisor's note: In Art. IV, a comma after "while operating within its state" was deleted editorially by the
Revisors and, in Art. XIII, "1385 USC 18" was changed editorially by the Revisors to "18 USC 1385", both for accuracy.)