CHAPTER 5. EMERGENCY MANAGEMENT ASSISTANCE COMPACT

IC 10-14-5
    Chapter 5. Emergency Management Assistance Compact

IC 10-14-5-1
Purpose and authorities
    Sec. 1. ARTICLE I_Purpose and authorities.
    This compact is made and entered into by and between theparticipating member states which enact this compact, hereinaftercalled party states. For the purposes of this compact, "states" meansthe several states, the Commonwealth of Puerto Rico, the District ofColumbia, and all U.S. territorial possessions.
    The purpose of this compact is to provide for mutual assistanceamong the states entering into this compact in managing anyemergency or disaster that is duly declared by the governor of theaffected state, whether arising from natural disaster, technologicalhazard, man made disaster, civil emergency aspects of resourcesshortages, community disorders, insurgency, or enemy attack.
    This compact shall also provide for mutual cooperation inemergency related exercises, testing, or other training activities usingequipment and personnel simulating performance of any aspect ofthe giving and receiving of aid by party states or subdivisions ofparty states during emergencies, such actions occurring outsideactual declared emergency periods. Mutual assistance in this compactmay include the use of the states' National Guard forces, either inaccordance with the National Guard Mutual Assistance Compact orby mutual agreement between states.
As added by P.L.2-2003, SEC.5.

IC 10-14-5-2
General implementation
    Sec. 2. ARTICLE II_General implementation.
    Each party state entering into this compact recognizes that manyemergencies transcend political jurisdictional boundaries and thatintergovernmental coordination is essential in managing these andother emergencies under this compact. Each state further recognizesthat there will be emergencies which require immediate access andpresent procedures to apply outside resources to make a prompt andeffective response to such an emergency. This is because few, if any,individual states have all the resources they may need in all types ofemergencies or the capability of delivering resources to areas whereemergencies exist.
    The prompt, full, and effective utilization of resources of theparticipating states, including any resources on hand or availablefrom the federal government or any other source, that are essential tothe safety, care, and welfare of the people in the event of anyemergency or disaster declared by a party state, shall be theunderlying principle on which all articles of this compact shall beunderstood.
    On behalf of the governor of each state participating in thecompact, the legally designated state official who is assigned

responsibility for emergency management will be responsible forformulation of the appropriate interstate mutual aid plans andprocedures necessary to implement this compact.
As added by P.L.2-2003, SEC.5.

IC 10-14-5-3
Party state responsibilities
    Sec. 3. ARTICLE III_Party state responsibilities.
    (a) It shall be the responsibility of each party state to formulateprocedural plans and programs for interstate cooperation in theperformance of the responsibilities listed in this article. Informulating such plans, and in carrying them out, the party states,insofar as practical, shall:
        (1) review individual state hazards analyses and, to the extentreasonably possible, determine all those potential emergenciesthe party states might jointly suffer, whether due to naturaldisaster, technological hazard, manmade disaster, emergencyaspects of resources shortages, civil disorders, insurgency, orenemy attack;
        (2) review party states' individual emergency plans and developa plan which will determine the mechanism for the interstatemanagement and provision of assistance concerning anypotential emergency;
        (3) develop interstate procedures to fill any identified gaps andto resolve any identified inconsistencies or overlaps in existingor developed plans;
        (4) assist in warning communities adjacent to or crossing thestate boundaries;
        (5) protect and assure uninterrupted delivery of services,medicines, water, food, energy and fuel, search and rescue, andcritical lifeline equipment, services, and resources, both humanand material;
        (6) inventory and set procedures for the interstate loan anddelivery of human and material resources, together withprocedures for reimbursement or forgiveness; and
        (7) provide, to the extent authorized by law, for temporarysuspension of any statutes or ordinances that restrict theimplementation of the above responsibilities.
    (b) The authorized representative of a party state may requestassistance to another party state by contacting the authorizedrepresentative of that state. The provisions of this compact shall onlyapply to requests for assistance made by and to authorizedrepresentatives. Requests may be verbal or in writing. If verbal, therequest shall be confirmed in writing within thirty (30) days of theverbal request. Requests shall provide the following information:
        (1) A description of the emergency service function for whichassistance 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 andrescue.
        (2) The amount and type of personnel, equipment, materials andsupplies needed and a reasonable estimate of the length of timethey will be needed.
        (3) The specific place and time for staging of the assistingparty's response and a point of contact at that location.
    (c) There shall be frequent consultation between state officialswho have assigned emergency management responsibilities and otherappropriate representatives of the party states with affectedjurisdictions and the United States government, with free exchangeof information, plans, and resource records relating to emergencycapabilities.
As added by P.L.2-2003, SEC.5.

IC 10-14-5-4
Limitations
    Sec. 4. ARTICLE IV_Limitations.
    Any party state requested to render mutual aid or conductexercises and training for mutual aid shall take such action as isnecessary to provide and make available the resources covered bythis compact in accordance with the terms of this compact. However,it is understood that the state rendering aid may withhold resourcesto the extent necessary to provide reasonable protection for suchstate.
    Each party state shall afford to the emergency forces of any partystate, while operating within its state limits under the terms andconditions of this compact, the same powers, except that of arrestunless specifically authorized by the receiving state, duties, rights,and privileges as are afforded forces of the state in which they areperforming emergency services. Emergency forces will continueunder the command and control of their regular leaders, but theorganizational units will come under the operational control of theemergency services authorities of the state receiving assistance.These conditions may be activated, as needed, only subsequent to adeclaration of a state emergency or disaster by the governor of theparty state that is to receive assistance or upon commencement ofexercises or training for mutual aid and shall continue so long as theexercises or training for mutual aid are in progress, the state ofemergency or disaster remains in effect, or loaned resources remainin the receiving state, whichever is longer.
As added by P.L.2-2003, SEC.5.

IC 10-14-5-5
Licenses and permits
    Sec. 5. ARTICLE V_Licenses and permits.
    Whenever any person holds a license, certificate, or other permitissued by any state party to the compact evidencing the meeting ofqualifications for professional, mechanical, or other skills, and whensuch assistance is requested by the receiving party state, such person

shall be considered licensed, certified, or permitted by the staterequesting assistance to render aid involving such skill to meet adeclared emergency or disaster, subject to such limitations andconditions as the governor of the requesting state may prescribe byexecutive order or otherwise.
As added by P.L.2-2003, SEC.5.

IC 10-14-5-6
Liability
    Sec. 6. ARTICLE VI_Liability.
    Officers or employees of a party state rendering aid in anotherstate under this compact shall be considered agents of the requestingstate for tort liability and immunity purposes. No party state or itsofficers or employees rendering aid in another state under thiscompact shall be liable on account of any act or omission in goodfaith on the part of such forces while so engaged or on account of themaintenance or use of any equipment or supplies in connectiontherewith. Good faith in this article shall not include willfulmisconduct, gross negligence, or recklessness.
As added by P.L.2-2003, SEC.5.

IC 10-14-5-7
Supplementary agreements
    Sec. 7. ARTICLE VII_Supplementary agreements.
    Inasmuch as it is probable that the pattern and detail of themachinery for mutual aid among two (2) or more states may differfrom that among the states that are party to this compact, thiscompact contains elements of a broad base common to all states, andnothing in this compact precludes any state entering intosupplementary agreements with another state or affects any otheragreements already in force between states. Supplementaryagreements may comprehend, but shall not be limited to, provisionsfor evacuation and reception of injured and other persons and theexchange of medical, fire, police, public utility, reconnaissance,welfare, transportation and communications personnel, andequipment and supplies.
As added by P.L.2-2003, SEC.5.

IC 10-14-5-8
Compensation
    Sec. 8. ARTICLE VIII_Compensation.
    Each party state shall provide for the payment of compensationand death benefits to injured members of the emergency forces ofthat state and representatives of deceased members of such forces incase such members sustain injuries or are killed while rendering aidunder this compact, in the same manner and on the same terms as ifthe injury or death were sustained within their own state.
As added by P.L.2-2003, SEC.5.

IC 10-14-5-9 Reimbursement
    Sec. 9. ARTICLE IX_Reimbursement.
    Any party state rendering aid in another state under this compactshall be reimbursed by the party state receiving such aid for any lossor damage to or expense incurred in the operation of any equipmentand the provision of any service in answering a request for aid andfor the costs incurred in connection with such requests. However,any aiding party state may assume in whole or in part such loss,damage, expense, or other cost, or may loan such equipment ordonate such services to the receiving party state without charge orcost, and any two (2) or more party states may enter intosupplementary agreements establishing a different allocation of costsamong those states. Article VIII expenses shall not be reimbursableunder this article.
As added by P.L.2-2003, SEC.5.

IC 10-14-5-10
Evacuation
    Sec. 10. ARTICLE X_Evacuation.
    Plans for the orderly evacuation and interstate reception ofportions of the civilian population as the result of any emergency ordisaster of sufficient proportions to so warrant shall be worked outand maintained between the party states and the emergencymanagement services directors of the various jurisdictions where anytype of incident requiring evacuations might occur. Such plans shallbe put into effect by request of the state from which evacuees comeand shall include the manner of transporting such evacuees; thenumber of evacuees to be received in different areas; the manner inwhich food, clothing, housing, and medical care will be provided; theregistration of the evacuees; the providing of facilities for thenotification of relatives or friends; and the forwarding of suchevacuees to other areas or the bringing in of additional materials,supplies, and all other relevant factors. Such plans shall provide thatthe party state receiving evacuees and the party state from which theevacuees come shall mutually agree as to reimbursement ofout-of-pocket expenses incurred in receiving and caring for suchevacuees, for expenditures for transportation, food, clothing,medicines and medical care, and like items. Such expenditures shallbe reimbursed as agreed by the party state from which the evacueescome. After the termination of the emergency or disaster, the partystate from which the evacuees come shall assume the responsibilityfor the ultimate support of repatriation of such evacuees.
As added by P.L.2-2003, SEC.5.

IC 10-14-5-11
Implementation
    Sec. 11. ARTICLE XI_Implementation.
    (a) This compact shall become effective immediately upon itsenactment into law by any two (2) states. Thereafter, this compactshall become effective as to any other state upon enactment by such

state.
    (b) Any party state may withdraw from this compact by enactinga statute repealing the same, but no such withdrawal shall take effectuntil thirty (30) days after the governor of the withdrawing state hasgiven notice in writing of such withdrawal to the governors of allother party states. Such action shall not relieve the withdrawing statefrom obligations assumed under this compact before the effectivedate of withdrawal.
    (c) Duly authenticated copies of this compact and of suchsupplementary agreements as may be entered into shall, at the timeof their approval, be deposited with each of the party states and withthe Federal Emergency Management Agency and other appropriateagencies of the United States Government.
As added by P.L.2-2003, SEC.5.

IC 10-14-5-12
Validity
    Sec. 12. ARTICLE XII_Validity.
    This compact shall be construed to effectuate the purposes statedin Article I. If any provision of this compact is declaredunconstitutional, or if the applicability of this compact to any personor circumstances is held invalid, the constitutionality of theremainder of this compact and the applicability of this compact toother persons and circumstances shall not be affected.
As added by P.L.2-2003, SEC.5.

IC 10-14-5-13
Additional provisions
    Sec. 13. ARTICLE XIII_Additional provisions.
    Nothing in this compact shall authorize or permit the use ofmilitary force by the National Guard of a state at any place outsidethat state in any emergency for which the President is authorized bylaw to call into federal service the militia, or for any purpose forwhich the use of the Army or the Air Force would, in the absence ofexpress statutory authorization, be prohibited under 18 U.S.C. 1385.
As added by P.L.2-2003, SEC.5.

IC 10-14-5-14
Right to alter, amend, or repeal
    Sec. 14. Right To Alter, Amend, or Repeal.
    The right to alter, amend, or repeal this chapter is herebyexpressly reserved. The consent granted by this chapter shall:
        (1) not be construed as impairing or in any manner affecting anyright or jurisdiction of the United States in and over the subjectof the compact;
        (2) not be construed as consent to the National Guard MutualAssistance Compact;
        (3) be construed as understanding that the first paragraph ofArticle II of the compact provides that emergencies will requireprocedures to provide immediate access to existing resources to

make a prompt and effective response;
        (4) not be construed as providing authority under Article III(a)(7) that does not otherwise exist for the suspension ofstatutes or ordinances;
        (5) be construed as understanding that Article III (c) does notimpose any affirmative obligation to exchange information,plans, and resource records on the United States or any partywhich has not entered into the compact; and
        (6) be construed as understanding that Article XIII does notaffect the authority of the President over the National Guardprovided by Article I of the Constitution of the United Statesand 10 U.S.C.
As added by P.L.2-2003, SEC.5.

IC 10-14-5-15
Construction and severability
    Sec. 15. Construction and Severability.
    It is intended that the provisions of this compact shall bereasonably and liberally construed to effectuate the purposes thereof.If any part or application of this compact, or legislation enabling thecompact, is held invalid, the remainder of the compact or itsapplication to other situations or persons shall not be affected.
As added by P.L.2-2003, SEC.5.

IC 10-14-5-16
Inconsistency of language
    Sec. 16. Inconsistency of Language.
    The validity of this compact shall not be affected by anyinsubstantial difference in its form or language as adopted by thestates.
As added by P.L.2-2003, SEC.5.