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

Emergency ManagementAssistance Compact

ArticleI.  Purpose and Authorities

This compact is made and entered into by andbetween the participating member states which enact this compact, hereinaftercalled party states.  For the purposes of this compact, the term"states" is taken to mean the several states, the Commonwealth ofPuerto Rico, the District of Columbia, and all United States territorialpossessions.

The purpose of this compact is to provide formutual assistance between the states entering into this compact in managing anyemergency or disaster that is duly declared by the governor of the affectedstate, whether arising from natural disaster, technological hazard, man-madedisaster, civil emergency aspects of resources shortages, community disorders,insurgency, or enemy attack.

This compact shall also provide for mutualcooperation in emergency-related exercises, testing, or other trainingactivities using equipment and personnel simulating performance of any aspectof the giving and receiving of aid by party states or subdivisions of partystates during emergencies, such actions occurring outside actual declaredemergency periods.  Mutual assistance in this compact may include the use ofthe states' National Guard forces, either in accordance with the National GuardMutual Assistance Compact or by mutual agreement between states.

ARTICLEII.  GENERAL IMPLEMENTATION

Each party state entering into this compactrecognizes that many emergencies transcend political jurisdictional boundariesand that intergovernmental coordination is essential in managing these andother emergencies under this compact.  Each state further recognizes that therewill be emergencies which require immediate access and present procedures toapply outside resources to make a prompt and effective response to such anemergency.  This is because few, if any, individual states have all theresources they may need in all types of emergencies or the capability ofdelivering resources to areas where emergencies exist.

The prompt, full, and effective utilization ofresources of the participating states, including any resources on hand oravailable from the federal government or any other source, that are essentialto the safety, care, and welfare of the people in the event of any emergency ordisaster declared by a party state, shall be the underlying principle on whichall articles of this compact shall be understood.

On behalf of the governor of each stateparticipating in the compact, the legally designated state official who isassigned responsibility for emergency management will be responsible forformulation of the appropriate interstate mutual aid plans and proceduresnecessary to implement this compact.

ARTICLEIII.  PARTY STATE RESPONSIBILITIES

A.  It shall be the responsibility of eachparty state to formulate procedural plans and programs for interstatecooperation in the performance of the responsibilities listed in this article. In formulating such plans, and in carrying them out, the party states, insofaras practical, shall:

(1)  Review individual state hazards analyses and, tothe extent reasonably possible, determine all those potential emergencies theparty states might jointly suffer, whether due to natural disaster,technological hazard, man-made disaster, emergency aspects of resourceshortages, civil disorders, insurgency, or enemy attack;

(2)  Review party states' individual emergency plansand develop a plan which will determine the mechanism for the interstatemanagement and provision of assistance concerning any potential emergency;

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

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

(5)  Protect and assure uninterrupted delivery ofservices, medicines, water, food, energy and fuel, search and rescue, andcritical lifeline equipment, services, and resources, both human and material;

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

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

B.  The authorized representative of a partystate may request assistance of another party state by contacting theauthorized representative of that state.  The provisions of this compact shallonly apply to requests for assistance made by and to authorizedrepresentatives.  Requests may be verbal or in writing.  If verbal, the requestshall be confirmed in writing within thirty days of the verbal request. Requests shall provide the following information:

(1)  A description of the emergency service functionfor which assistance is needed, including but not limited to fire services, lawenforcement, emergency medical, transportation, communications, public worksand engineering, building inspection, planning and information assistance, masscare, 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 timethey will be needed; and

(3)  The specific place and time for staging of theassisting party's response and a point of contact at that location.

C.  There shall be frequent consultationbetween state officials who have assigned emergency management responsibilitiesand other appropriate representatives of the party states with affectedjurisdictions and the United States government, with free exchange ofinformation, plans, and resource records relating to emergency capabilities.

ARTICLEIV.  LIMITATIONS

Any party state requested to render mutual aidor conduct exercises and training for mutual aid shall take such action as isnecessary to provide and make available the resources covered by this compactin accordance with the terms hereof; provided that it is understood that thestate rendering aid may withhold resources to the extent necessary to providereasonable protection for such state.

Each party state shall afford to the emergencyforces of any party state, while operating within its state limits under theterms and conditions of this compact, the same powers (except that of arrestunless specifically authorized by the receiving state), duties, rights, andprivileges as are afforded forces of the state in which they are performingemergency services.  Emergency forces will continue under the command andcontrol of their regular leaders, but the organizational units will come underthe operational control of the emergency services authorities of the statereceiving assistance.  These conditions may be activated, as needed, onlysubsequent to a declaration of a state of emergency or disaster by the governorof the party state that is to receive assistance or upon commencement ofexercises or training for mutual aid and shall continue so long as the exercisesor training for mutual aid are in progress, the state of emergency or disasterremains in effect or loaned resources remain in the receiving states, whicheveris longer.

ARTICLEV.  LICENSES AND PERMITS

Whenever any person holds a license,certificate, or other permit issued by any state party to the compactevidencing the meeting of qualifications for professional, mechanical, or otherskills, and when such assistance is requested by the receiving party state,such person shall be deemed licensed, certified, or permitted by the staterequesting assistance to render aid involving such skill to meet a declaredemergency or disaster, subject to such limitations and conditions as thegovernor of the requesting state may prescribe by executive order or otherwise.

ARTICLE VI.  LIABILITY

Officers or employees of a party staterendering aid in another state pursuant to this compact shall be consideredagents of the requesting state for tort liability and immunity purposes.  Noparty state or its officers or employees rendering aid in another statepursuant to this compact shall be liable on account of any act or omission ingood faith on the part of such forces while so engaged or on account of themaintenance or use of any equipment or supplies in connection therewith.  Goodfaith in this article shall not include willful misconduct, gross negligence,or recklessness.

ARTICLEVII.  SUPPLEMENTARY AGREEMENTS

Inasmuch as it is probable that the pattern anddetail of the machinery for mutual aid among two or more states may differ fromthat among the states that are party hereto, this compact contains elements ofa broad base common to all states, and nothing contained in this compact shallpreclude any state from entering into supplementary agreements with anotherstate 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 theexchange of medical, fire, police, public utility, reconnaissance, welfare,transportation and communications personnel, and equipment and supplies.

ARTICLEVIII.  COMPENSATION

Each party state shall provide for the paymentof compensation and death benefits to injured members of the emergency forcesof that state and representatives of deceased members of such forces in casesuch members sustain injuries or are killed while rendering aid pursuant tothis compact, in the same manner and on the same terms as if the injury ordeath were sustained within their own state.

ARTICLEIX.  REIMBURSEMENT

Any party state rendering aid in another statepursuant to this compact shall be reimbursed by the party state receiving suchaid for any loss or damage to or expense incurred in the operation of any equipmentand the provision of any service in answering a request for aid and for thecosts incurred in connection with such requests; provided, that any aidingparty state may assume in whole or in part such loss, damage, expense, or othercost, or may loan such equipment or donate such services to the receiving partystate without charge or cost; and provided further, that any two or more partystates may enter into supplementary agreements establishing a differentallocation of costs among those states.  Article VIII expenses shall not bereimbursable under this article.

ARTICLEX.  EVACUATION

Plans for the orderly evacuation and interstatereception of portions of the civilian population as the result of any emergencyor disaster of sufficient proportions to so warrant, shall be worked out andmaintained between the party states and the emergency management/servicesdirectors of the various jurisdictions where any type of incident requiringevacuations might occur.  Such plans shall be put into effect by request of thestate from which evacuees come and shall include the manner of transportingsuch evacuees, the number of evacuees to be received in different areas, themanner in which food, clothing, housing, and medical care will be provided, theregistration of the evacuees, the providing of facilities for the notificationof relatives or friends, and the forwarding of such evacuees to other areas orthe bringing in of additional materials, supplies, and all other relevantfactors.  Such plans shall provide that the party state receiving evacuees andthe party state from which the evacuees come shall mutually agree as toreimbursement of out-of-pocket expenses incurred in receiving and caring forsuch evacuees, for expenditures for transportation, food, clothing, medicinesand medical care, and like items.  Such expenditures shall be reimbursed asagreed by the party state from which the evacuees come.  After the terminationof the emergency or disaster, the party state from which the evacuees comeshall assume the responsibility for the ultimate support of repatriation ofsuch evacuees.

ARTICLEXI.  IMPLEMENTATION

A.  This compact shall become operativeimmediately upon its enactment into law by any two states; thereafter, thiscompact shall become effective as to any other state upon its enactment by suchstate.

B.  Any party state may withdraw from thiscompact by enacting a statute repealing the same, but no such withdrawal shalltake effect until thirty days after the governor of the withdrawing state hasgiven notice in writing of such withdrawal to the governors of all other partystates.  Such action shall not relieve the withdrawing state from obligationsassumed hereunder prior to the effective date of withdrawal.

C.  Duly authenticated copies of this compactand of such supplementary agreements as may be entered into shall, at the timeof their approval, be deposited with each of the party states and with theFederal Emergency Management Agency and other appropriate agencies of theUnited States government.

ARTICLEXII.  VALIDITY

This compact shall be construed to effectuatethe purposes stated in Article I hereof.  If any provision of this compact isdeclared unconstitutional, or the applicability thereof to any person orcircumstances is held invalid, the constitutionality of the remainder of thiscompact and the applicability thereof to other persons and circumstances shallnot be affected thereby.

ARTICLEXIII.  ADDITIONAL PROVISIONS

Nothing in this compact shall authorize orpermit the use of military force by the National Guard of a state at any placeoutside that state in any emergency for which the President is authorized bylaw to call into federal service the militia, or for any purpose for which theuse of the Army or the Air Force would in the absence of express statutoryauthorization be prohibited under Section 1385 of Title 18, United States Code.[L 2006, c 55, pt of §2]