48-1701.Ratification of compact by legislature; text.The national guard mutual assistance compact is hereby enacted into law andentered into by this state with all other states legally joining therein,in the form substantially as follows:
Article I.--PURPOSES
The purposes of this compact are to:
1. Provide for mutual aid among the party states in the utilization ofthe national guard to cope with emergencies.
2. Permit and encourage a high degree of flexibility in the deploymentof national guard forces in the interest of efficiency.
3. Maximize the effectiveness of the national guard in those situationswhich call for its utilization under this compact.
4. Provide protection for the rights of national guard personnel whenserving in other states on emergency duty.
Article II.--ENTRY INTO FORCE AND WITHDRAWAL
(a) This compact shall enter into force when enacted into law by any twostates. Thereafter, this compact shall become effective as to any otherstate upon its enactment thereof.
(b) Any party state may withdraw from this compact by enacting a statuterepealing the same, but no such withdrawal shall take effect until one yearafter the governor of the withdrawing state has given notice in writing ofsuch withdrawal to the governors of all other party states.
Article III.--MUTUAL AID
(a) As used in this article:
1. "Emergency" means an occurrence or condition, temporary in nature, inwhich police and other public safety officials and locally availablenational guard forces are, or may reasonably be expected to be, unable tocope with substantial and imminent danger to the public safety.
2. "Requesting state" means the state whose governor requestedassistance in coping with an emergency.
3. "Responding state" means the state furnishing aid, or requested tofurnish aid.
(b) Upon request of the governor of a party state for assistance in anemergency, the governor of a responding state shall have authority underthis compact to send without the borders of his state and place under thetemporary command of the appropriate national guard or other militaryauthorities of the requesting state all or any part of the national guardforces of his state as he may deem necessary, and the exercise of hisdiscretion in this regard shall be conclusive.
(c) The governor of a party state may withhold the national guard forcesof his state from such use and recall any forces or part or member thereofpreviously deployed in a requesting state.
(d) Whenever national guard forces of any party state are engaged inanother state in carrying out the purposes of this compact, the membersthereof so engaged shall have the same powers, duties, rights, privilegesand immunities as members of national guard forces in such other state. Therequesting state shall save members of the national guard forces ofresponding states harmless from civil liability for acts or omissions ingood faith which occur in the performance of their duty while engaged incarrying out the purposes of this compact, whether responding forces areserving the requesting state within its borders or are in transit to orfrom such service.
(e) Subject to the provisions of paragraphs (f), (g) and (h) of thisarticle, all liability that may arise under the laws of the requestingstate, the responding state, or a third state on account of or inconnection with a request for aid, shall be assumed and borne by therequesting state.
(f) Any responding state rendering aid pursuant to this compact shall bereimbursed by the requesting state for any loss or damage to, or expenseincurred in the operation of any equipment answering a request for aid, andfor the cost of the materials, transportation and maintenance of nationalguard personnel and equipment incurred in connection with such request:Provided, That nothing herein contained shall prevent any respondingstate from assuming such loss, damage, expense or other cost.
(g) Each party state shall provide, in the same amounts and manner as ifthey were on duty within their state, for the pay and allowances of thepersonnel of its national guard units while engaged without the statepursuant to this compact and while going to and returning from such dutypursuant to this compact. Such pay and allowances shall be deemed items ofexpense reimbursable under paragraph (f) by this requesting state.
(h) Each party state providing for the payment of compensation and deathbenefits to injured members and the representatives of deceased members ofits national guard forces in case such members sustain injuries or arekilled within their own state, shall provide for the payment ofcompensation and death benefits in the same manner and on the same terms incase such members sustain injury or are killed while rendering aid pursuantto this compact. Such compensation and death benefits shall be deemed itemsof expense reimbursable pursuant to paragraph (f) of this article.
Article IV.--DELEGATION
Nothing in this compact shall be construed to prevent the governor of aparty state from delegating any of his responsibilities or authorityrespecting the national guard, provided that such delegation is otherwisein accordance with law. For purposes of this compact, however, the governorshall not delegate the power to request assistance from another state.
Article V.--LIMITATIONS
Nothing in this compact shall:
1. Expand or add to the functions of the national guard, except withrespect to the jurisdictions within which such functions may be performed.
2. Authorize or permit national guard units to be placed under the fieldcommand of any person not having the military or national guard rank orstatus required by law for the field command position in question.
Article VI.--CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to effectuate thepurposes thereof. The provisions of this compact shall be severable and ifany phrase, clause, sentence or provision of this compact is declared to becontrary to the constitution of any state or of the United States or theapplicability thereof to any government, agency, person or circumstance isheld invalid, the validity of the remainder of this compact and theapplicability thereof to any government, agency, person or circumstancesshall not be affected thereby. If this compact shall be held contrary tothe constitution of any state participating herein, the compact shallremain in full force and effect as to the remaining party states and infull force and effect as to the state affected as to all severablematters.
48-1701.Ratification of compact by legislature; text.The national guard mutual assistance compact is hereby enacted into law andentered into by this state with all other states legally joining therein,in the form substantially as follows:
Article I.--PURPOSES
The purposes of this compact are to:
1. Provide for mutual aid among the party states in the utilization ofthe national guard to cope with emergencies.
2. Permit and encourage a high degree of flexibility in the deploymentof national guard forces in the interest of efficiency.
3. Maximize the effectiveness of the national guard in those situationswhich call for its utilization under this compact.
4. Provide protection for the rights of national guard personnel whenserving in other states on emergency duty.
Article II.--ENTRY INTO FORCE AND WITHDRAWAL
(a) This compact shall enter into force when enacted into law by any twostates. Thereafter, this compact shall become effective as to any otherstate upon its enactment thereof.
(b) Any party state may withdraw from this compact by enacting a statuterepealing the same, but no such withdrawal shall take effect until one yearafter the governor of the withdrawing state has given notice in writing ofsuch withdrawal to the governors of all other party states.
Article III.--MUTUAL AID
(a) As used in this article:
1. "Emergency" means an occurrence or condition, temporary in nature, inwhich police and other public safety officials and locally availablenational guard forces are, or may reasonably be expected to be, unable tocope with substantial and imminent danger to the public safety.
2. "Requesting state" means the state whose governor requestedassistance in coping with an emergency.
3. "Responding state" means the state furnishing aid, or requested tofurnish aid.
(b) Upon request of the governor of a party state for assistance in anemergency, the governor of a responding state shall have authority underthis compact to send without the borders of his state and place under thetemporary command of the appropriate national guard or other militaryauthorities of the requesting state all or any part of the national guardforces of his state as he may deem necessary, and the exercise of hisdiscretion in this regard shall be conclusive.
(c) The governor of a party state may withhold the national guard forcesof his state from such use and recall any forces or part or member thereofpreviously deployed in a requesting state.
(d) Whenever national guard forces of any party state are engaged inanother state in carrying out the purposes of this compact, the membersthereof so engaged shall have the same powers, duties, rights, privilegesand immunities as members of national guard forces in such other state. Therequesting state shall save members of the national guard forces ofresponding states harmless from civil liability for acts or omissions ingood faith which occur in the performance of their duty while engaged incarrying out the purposes of this compact, whether responding forces areserving the requesting state within its borders or are in transit to orfrom such service.
(e) Subject to the provisions of paragraphs (f), (g) and (h) of thisarticle, all liability that may arise under the laws of the requestingstate, the responding state, or a third state on account of or inconnection with a request for aid, shall be assumed and borne by therequesting state.
(f) Any responding state rendering aid pursuant to this compact shall bereimbursed by the requesting state for any loss or damage to, or expenseincurred in the operation of any equipment answering a request for aid, andfor the cost of the materials, transportation and maintenance of nationalguard personnel and equipment incurred in connection with such request:Provided, That nothing herein contained shall prevent any respondingstate from assuming such loss, damage, expense or other cost.
(g) Each party state shall provide, in the same amounts and manner as ifthey were on duty within their state, for the pay and allowances of thepersonnel of its national guard units while engaged without the statepursuant to this compact and while going to and returning from such dutypursuant to this compact. Such pay and allowances shall be deemed items ofexpense reimbursable under paragraph (f) by this requesting state.
(h) Each party state providing for the payment of compensation and deathbenefits to injured members and the representatives of deceased members ofits national guard forces in case such members sustain injuries or arekilled within their own state, shall provide for the payment ofcompensation and death benefits in the same manner and on the same terms incase such members sustain injury or are killed while rendering aid pursuantto this compact. Such compensation and death benefits shall be deemed itemsof expense reimbursable pursuant to paragraph (f) of this article.
Article IV.--DELEGATION
Nothing in this compact shall be construed to prevent the governor of aparty state from delegating any of his responsibilities or authorityrespecting the national guard, provided that such delegation is otherwisein accordance with law. For purposes of this compact, however, the governorshall not delegate the power to request assistance from another state.
Article V.--LIMITATIONS
Nothing in this compact shall:
1. Expand or add to the functions of the national guard, except withrespect to the jurisdictions within which such functions may be performed.
2. Authorize or permit national guard units to be placed under the fieldcommand of any person not having the military or national guard rank orstatus required by law for the field command position in question.
Article VI.--CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to effectuate thepurposes thereof. The provisions of this compact shall be severable and ifany phrase, clause, sentence or provision of this compact is declared to becontrary to the constitution of any state or of the United States or theapplicability thereof to any government, agency, person or circumstance isheld invalid, the validity of the remainder of this compact and theapplicability thereof to any government, agency, person or circumstancesshall not be affected thereby. If this compact shall be held contrary tothe constitution of any state participating herein, the compact shallremain in full force and effect as to the remaining party states and infull force and effect as to the state affected as to all severablematters.
48-1701.Ratification of compact by legislature; text.The national guard mutual assistance compact is hereby enacted into law andentered into by this state with all other states legally joining therein,in the form substantially as follows:
Article I.--PURPOSES
The purposes of this compact are to:
1. Provide for mutual aid among the party states in the utilization ofthe national guard to cope with emergencies.
2. Permit and encourage a high degree of flexibility in the deploymentof national guard forces in the interest of efficiency.
3. Maximize the effectiveness of the national guard in those situationswhich call for its utilization under this compact.
4. Provide protection for the rights of national guard personnel whenserving in other states on emergency duty.
Article II.--ENTRY INTO FORCE AND WITHDRAWAL
(a) This compact shall enter into force when enacted into law by any twostates. Thereafter, this compact shall become effective as to any otherstate upon its enactment thereof.
(b) Any party state may withdraw from this compact by enacting a statuterepealing the same, but no such withdrawal shall take effect until one yearafter the governor of the withdrawing state has given notice in writing ofsuch withdrawal to the governors of all other party states.
Article III.--MUTUAL AID
(a) As used in this article:
1. "Emergency" means an occurrence or condition, temporary in nature, inwhich police and other public safety officials and locally availablenational guard forces are, or may reasonably be expected to be, unable tocope with substantial and imminent danger to the public safety.
2. "Requesting state" means the state whose governor requestedassistance in coping with an emergency.
3. "Responding state" means the state furnishing aid, or requested tofurnish aid.
(b) Upon request of the governor of a party state for assistance in anemergency, the governor of a responding state shall have authority underthis compact to send without the borders of his state and place under thetemporary command of the appropriate national guard or other militaryauthorities of the requesting state all or any part of the national guardforces of his state as he may deem necessary, and the exercise of hisdiscretion in this regard shall be conclusive.
(c) The governor of a party state may withhold the national guard forcesof his state from such use and recall any forces or part or member thereofpreviously deployed in a requesting state.
(d) Whenever national guard forces of any party state are engaged inanother state in carrying out the purposes of this compact, the membersthereof so engaged shall have the same powers, duties, rights, privilegesand immunities as members of national guard forces in such other state. Therequesting state shall save members of the national guard forces ofresponding states harmless from civil liability for acts or omissions ingood faith which occur in the performance of their duty while engaged incarrying out the purposes of this compact, whether responding forces areserving the requesting state within its borders or are in transit to orfrom such service.
(e) Subject to the provisions of paragraphs (f), (g) and (h) of thisarticle, all liability that may arise under the laws of the requestingstate, the responding state, or a third state on account of or inconnection with a request for aid, shall be assumed and borne by therequesting state.
(f) Any responding state rendering aid pursuant to this compact shall bereimbursed by the requesting state for any loss or damage to, or expenseincurred in the operation of any equipment answering a request for aid, andfor the cost of the materials, transportation and maintenance of nationalguard personnel and equipment incurred in connection with such request:Provided, That nothing herein contained shall prevent any respondingstate from assuming such loss, damage, expense or other cost.
(g) Each party state shall provide, in the same amounts and manner as ifthey were on duty within their state, for the pay and allowances of thepersonnel of its national guard units while engaged without the statepursuant to this compact and while going to and returning from such dutypursuant to this compact. Such pay and allowances shall be deemed items ofexpense reimbursable under paragraph (f) by this requesting state.
(h) Each party state providing for the payment of compensation and deathbenefits to injured members and the representatives of deceased members ofits national guard forces in case such members sustain injuries or arekilled within their own state, shall provide for the payment ofcompensation and death benefits in the same manner and on the same terms incase such members sustain injury or are killed while rendering aid pursuantto this compact. Such compensation and death benefits shall be deemed itemsof expense reimbursable pursuant to paragraph (f) of this article.
Article IV.--DELEGATION
Nothing in this compact shall be construed to prevent the governor of aparty state from delegating any of his responsibilities or authorityrespecting the national guard, provided that such delegation is otherwisein accordance with law. For purposes of this compact, however, the governorshall not delegate the power to request assistance from another state.
Article V.--LIMITATIONS
Nothing in this compact shall:
1. Expand or add to the functions of the national guard, except withrespect to the jurisdictions within which such functions may be performed.
2. Authorize or permit national guard units to be placed under the fieldcommand of any person not having the military or national guard rank orstatus required by law for the field command position in question.
Article VI.--CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to effectuate thepurposes thereof. The provisions of this compact shall be severable and ifany phrase, clause, sentence or provision of this compact is declared to becontrary to the constitution of any state or of the United States or theapplicability thereof to any government, agency, person or circumstance isheld invalid, the validity of the remainder of this compact and theapplicability thereof to any government, agency, person or circumstancesshall not be affected thereby. If this compact shall be held contrary tothe constitution of any state participating herein, the compact shallremain in full force and effect as to the remaining party states and infull force and effect as to the state affected as to all severablematters.
