[§128F-2]  Terms and provisions of compact. 
The legislature of the State of Hawaii hereby authorizes the governor of the
State of Hawaii to enter into a compact on behalf of the State of Hawaii with
any other state legally joining therein, in the form substantially as follows:



Emergency Management
Assistance Compact



Article
I.  Purpose 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 compact, 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 that 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:



(1)  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;



(2)  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;



(3)  Develop interstate procedures to fill any
identified gaps and to resolve any identified inconsistencies or overlaps in
existing or developed plans;



(4)  Assist in warning communities adjacent to or crossing
the state boundaries;



(5)  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;



(6)  Inventory and set procedures for the interstate
loan and delivery of human and material resources, together with procedures for
reimbursement or forgiveness; and



(7)  Provide, to the extent authorized by law, for
temporary suspension of any statutes or ordinances that restrict the
implementation of the responsibilities enumerated above.



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 compact 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:



(1)  A description of the emergency service function
for which assistance is needed, including but not limited to fire services, law
enforcement, emergency medical, transportation, communications, public works
and engineering, building inspection, planning and information assistance, mass
care, resource support, health and medical services, and search and rescue;



(2)  The amount and type of personnel, equipment,
materials and supplies needed, and a reasonable estimate of the length of time
they will be needed; and



(3)  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 upon 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 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.  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 willful 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 compact contains elements of
a broad base common to all states, and nothing contained in this compact 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 article.



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/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 Section 1385 of Title 18, United States Code.
[L 2006, c 55, pt of §2]