402.010Cooperative assistance agreements. The state, counties and cities may, incollaboration with public and private agencies, enter into cooperative assistanceagreements for reciprocal emergency aid and resources. [Formerly 401.480]
402.015Mutual use of supplies and services. In carrying out the provisions of ORSchapter 401, the Governor and the executive officers or governing bodies of thecounties and cities may request and utilize the services, equipment, suppliesand facilities of existing departments, offices and agencies of the state andof local governments. The officers and personnel of all local governmentdepartments, offices and agencies may cooperate with, and extend such servicesand facilities to the Governor, to the Office of Emergency Management and toemergency management agencies and emergency service agencies upon request. [Formerly401.490]
402.020Reimbursement by state for services provided by local government employees. The state shallreimburse a local government for the compensation paid and the actual andnecessary travel, subsistence and maintenance expenses of employees of thelocal government while actually serving at the direction of the Governor or theDirector of the Office of Emergency Management in a state function or capacity.[Formerly 401.500]
EMERGENCYMANAGEMENT ASSISTANCE COMPACT
402.100Short title.ORS 402.105 may be cited as the Emergency Management Assistance Compact. [Formerly401.041]
402.105Emergency Management Assistance Compact. The Governor shall participate onbehalf of the State of Oregon with other states legally joining in the compactin a form substantially as follows:
Thiscompact is made and entered into by and between the participating member stateswhich enact this compact, hereinafter called party states. For the purposes ofthis compact, the term “states” is taken to mean the several states, theCommonwealth of Puerto Rico, the District of Columbia, and all U.S. territorialpossessions.
Thepurpose of this compact is to provide for mutual assistance between the statesentering into this compact in managing any emergency or disaster that is dulydeclared by the Governor of the affected state(s), whether arising from naturaldisaster, technological hazard, man-made disaster, civil emergency aspects ofresources shortages, community disorders, insurgency, or enemy attack.
Thiscompact shall also provide for mutual cooperation in emergency-relatedexercises, testing, or other training activities using equipment and personnelsimulating performance of any aspect of the giving and receiving of aid byparty states or subdivisions of party states during emergencies, such actionsoccurring outside actual declared emergency periods. Mutual assistance in thiscompact may include the use of the states’ National Guard forces, either inaccordance with the National Guard Mutual Assistance Compact or by mutualagreement between states.
Article II -General Implementation
Eachparty state entering into this compact recognizes many emergencies transcendpolitical jurisdictional boundaries and that intergovernmental coordination isessential in managing these and other emergencies under this compact. Eachstate further recognizes that there will be emergencies which require immediateaccess and present 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.
Theprompt, full, and effective utilization of resources of the participatingstates, including any resources on hand or available from the FederalGovernment or any other source, that are essential to the safety, care, andwelfare of the people in the event of any emergency or disaster declared by aparty state, shall be the underlying principle on which all articles of thiscompact shall be understood.
Onbehalf of the Governor of each state participating in the compact, the legallydesignated state official who is assigned responsibility for emergencymanagement will be responsible for formulation of the appropriate interstatemutual 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 proceduralplans and programs for interstate cooperation in the performance of theresponsibilities listed in this article. In formulating such plans, and incarrying them out, the party states, insofar as practical, shall:
(1)Review individual state hazards analyses and, to the extent reasonablypossible, determine all those potential emergencies the party states mightjointly suffer, whether due to natural disaster, technological hazard, man-madedisaster, emergency aspects of resource shortages, civil disorders, insurgency,or enemy attack.
(2)Review party states’ individual emergency plans and develop a plan which willdetermine the mechanism for the interstate management and provision ofassistance concerning any potential emergency.
(3)Develop interstate procedures to fill any identified gaps and to resolve anyidentified 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 andmaterial resources, together with procedures for reimbursement or forgiveness.
(7)Provide, to the extent authorized by law, for temporary suspension of anystatutes or ordinances that restrict the implementation of the aboveresponsibilities.
B.The authorized representative of a party state may request assistance ofanother party state by contacting the authorized representative of that state.The provisions of this compact shall only apply to requests for assistance madeby and to authorized representatives. Requests may be verbal or in writing. Ifverbal, the request shall be confirmed in writing within 30 days of the verbalrequest. Requests shall provide the following information:
(1)A description of the emergency service function for which assistance is neededincluding, but not limited to, fire services, law enforcement, emergencymedical, transportation, communications, public works and engineering,building, inspection, planning and information assistance, mass care, resourcesupport, health and medical services, and search and rescue.
(2)The amount and type of personnel, equipment, materials and supplies needed, anda reasonable estimate of the length of time they will be needed.
(3)The specific place and time for staging of the assisting party’s response and apoint of contact at that location.
C.There shall be frequent consultation between state officials who have assignedemergency management responsibilities and other appropriate representatives ofthe party states with affected jurisdictions and the United States Government,with free exchange of information, plans, and resource records relating toemergency capabilities.
Article IV -Limitations
Anyparty state requested to render mutual aid or conduct exercises and trainingfor mutual aid shall take such action as is necessary to provide and makeavailable the resources covered by this compact in accordance with the termshereof; provided that it is understood that the state rendering aid maywithhold resources to the extent necessary to provide reasonable protection forsuch state. Each party state shall afford to the emergency forces of any partystate, while operating within its state limits under the terms and conditionsof this compact, the same powers except that of arrest unless specificallyauthorized by the receiving state, duties, rights, and privileges as areafforded forces of the state in which they are performing emergency services.Emergency forces will continue under the command and control of their regularleaders, but the organizational units will come under the operational controlof the emergency services authorities of the state receiving assistance. Theseconditions may be activated, as needed, only subsequent to a declaration of astate of emergency or disaster by the Governor of the party state that is toreceive assistance or upon commencement of exercises or training for mutual aidand shall continue so long as the exercises or training for mutual aid are inprogress, the state of emergency or disaster remains in effect or loanedresources remain in the receiving state(s), whichever is longer.
Article V -Licenses and Permits
Wheneverany person holds a license, certificate, or other permit issued by any stateparty to the compact evidencing the meeting of qualifications for professional,mechanical, or other skills, and when such assistance is requested by thereceiving party state, such person shall be deemed licensed, certified, orpermitted by the state requesting assistance to render aid involving such skillto meet a declared emergency or disaster, subject to such limitations andconditions as the Governor of the requesting state may prescribe by executiveorder or otherwise.
Article VI -Liability
Officersor employees of a party state rendering aid in another state pursuant to thiscompact shall be considered agents of the requesting state for tort liabilityand immunity purposes. No party state or its officers or employees renderingaid in another state pursuant to this compact shall be liable on account of anyact or omission in good faith on the part of such forces while so engaged or onaccount of the maintenance or use of any equipment or supplies in connection therewith.Good faith in this article shall not include willful misconduct, grossnegligence, or recklessness.
Article VII -Supplementary Agreements
Inasmuchas it is probable that the pattern and detail of the machinery for mutual aidamong two or more states may differ from that among the states that are partyhereto, this compact contains elements of a broad base common to all states,and nothing herein shall preclude any state from entering into supplementaryagreements with another state or affect any other agreements already in forcebetween states. Supplementary agreements may comprehend, but shall not belimited to, provisions for evacuation and reception of injured and otherpersons and the exchange of medical, fire, police, public utility, reconnaissance,welfare, transportation and communications personnel, and equipment andsupplies.
Article VIII -Compensation
Eachparty state shall provide for the payment of compensation and death benefits toinjured members of the emergency forces of that state and representatives ofdeceased members of such forces in case such members sustain injuries or arekilled while rendering aid pursuant to this compact, in the same manner and onthe same terms as if the injury or death were sustained within their own state.
Article IX -Reimbursement
Anyparty state rendering aid in another state pursuant to this compact shall bereimbursed by the party state receiving such aid for any loss or damage to orexpense incurred in the operation of any equipment and the provision of anyservice in answering a request for aid and for the costs incurred in connectionwith such requests; provided, that any aiding party state may assume in wholeor in part such loss, damage, expense, or other cost, or may loan such equipmentor donate such services to the receiving party state without charge or cost;and provided further, that any two or more party states may enter intosupplementary agreements establishing a different allocation of costs amongthose states. Article VIII expenses shall not be reimbursable under thisprovision.
Article X -Evacuation
Plansfor the orderly evacuation and interstate reception of portions of the civilianpopulation as the result of any emergency or disaster of sufficient proportionsto so warrant, shall be worked out and maintained between the party states andthe emergency management/services directors of the various jurisdictions whereany type of incident requiring evacuations might occur. Such plans shall be putinto effect by request of the state from which evacuees come and shall includethe manner of transporting such evacuees, the number of evacuees to be receivedin different areas, the manner in which food, clothing, housing, and medicalcare will be provided, the registration of the evacuees, the providing offacilities for the notification of relatives or friends, and the forwarding ofsuch evacuees to other areas or the bringing in of additional materials,supplies, and all other relevant factors. Such plans shall provide that the partystate receiving evacuees and the party state from which the evacuees come shallmutually agree as to reimbursement of out-of-pocket expenses incurred inreceiving and caring for such evacuees, for expenditures for transportation,food, clothing, medicines and medical care, and like items. Such expendituresshall 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 whichthe evacuees come shall assume the responsibility for the ultimate support ofrepatriation of such evacuees.
Article XI -Implementation
A.This compact shall become operative immediately upon its enactment into law byany two (2) states; thereafter, this compact shall become effective as to any otherstate upon its enactment by such state.
B.Any party state may withdraw from this compact by enacting a statute repealingthe same, but no such withdrawal shall take effect until 30 days after theGovernor of the withdrawing state has given notice in writing of suchwithdrawal to the Governors of all other party states. Such action shall notrelieve the withdrawing state from obligations assumed hereunder prior to theeffective date of withdrawal.
C.Duly authenticated copies of this compact and of such supplementary agreementsas may be entered into shall, at the time of their approval, be deposited witheach of the party states and with the Federal Emergency Management Agency andother appropriate agencies of the United States Government.
Article XII -Validity
Thiscompact shall be construed to effectuate the purposes stated in Article Ihereof. If any provision of this compact is declared unconstitutional, or theapplicability thereof to any person or circumstances is held invalid, theconstitutionality of the remainder of this compact and the applicabilitythereof to other persons and circumstances shall not be affected thereby.
Article XIII -Additional Provisions
Nothingin this compact shall authorize or permit the use of military force by theNational Guard of a state at any place outside that state in any emergency forwhich the President is authorized by law to call into federal service themilitia, or for any purpose for which the use of the Army or the Air Forcewould in the absence of express statutory authorization be prohibited under 18U.S.C. 1385.
(1)In order to minimize the impact of an event that overwhelms the resources of alocal government, one local government should be able to make resourcesavailable to another local government as quickly as possible.
(2)It is appropriate to establish an efficient and permissive intrastate mutualassistance compact among local governments that will allow local governmentsmaximum flexibility to protect life and property within their jurisdictions. [Formerly190.155]
402.205Definitions for ORS 402.200 to 402.240. As used in ORS 402.200 to 402.240:
(1)“Event” means an incident that overwhelms or may overwhelm the resources of alocal government.
(2)“Local government” has the meaning given that term in ORS 174.116.
(3)“Requesting local government” means a local government that requests assistancefrom other local governments.
(4)“Resources” means employees, services, equipment and supplies of a respondinglocal government.
(5)“Responding local government” means a local government that has responded to arequesting local government by providing resources. [Formerly 190.156]
402.210Local government mutual assistance compact. (1) There is created anintrastate mutual assistance compact among the local governments within thisstate.
(2)The compact streamlines the process by which a local government:
(a)Requests assistance from another local government whenever an event occurs; and
(b)Temporarily acquires resources for training, drills or exercises.
(3)The compact does not:
(a)Require a local government to provide resources to a requesting localgovernment.
(b)Preclude a local government from entering into any other agreement with anotherlocal government.
(c)Affect any other agreement to which a local government is a party or may becomea party. [Formerly 190.158]
402.215Request for assistance. (1) A local government may request assistance to:
(a)Prevent, mitigate, respond to or recover from an event; or
(b)Work on its own or with other local governments in training, drills orexercises.
(2)A request for assistance must be made by or through the presiding officer ofthe governing body of a requesting local government or the chief executiveofficer or chief executive officer’s designee of the requesting local government.
(3)A request for assistance may be oral or written. If a request is oral, theresponding local government must document its response to the requesting localgovernment in writing within 30 days from the date on which the request wasmade.
(4)Response and the extent of the response are voluntary and may be terminated atany time. [Formerly 190.160]
402.220Resource sharing; procedures and protocols. (1) A responding localgovernment may withhold resources to the extent necessary to provide reasonableprotection and services for the responding local government.
(2)For purposes of the operational and tactical objectives required by therequesting local government, the resources of a responding local government areunder the direct command and control of the requesting local government.
(3)Unless otherwise directed by the requesting local government:
(a)The employees of the responding local government shall use the standardoperating procedures, medical and other protocols and rating procedures used bythe responding local government to accomplish the strategic and tactical goals.
(b)The services, equipment and supplies of the responding local government shallbe used under the standard operating procedures, medical and other protocolsand rating procedures used by the responding local government to accomplish thestrategic and tactical goals.
(4)Notwithstanding subsection (2) of this section, employees of the respondinglocal government remain at all times employees of the responding localgovernment and under the ultimate command and control of the responding localgovernment. [Formerly 190.162]
402.225Credentials of employee providing assistance. Subject to any limitations andconditions the governing body of the requesting local government may prescribe,if an employee of a responding local government holds a license, certificate,permit or similar documentation that evidences the employee’s qualifications ina professional, technical or other skill, the employee is considered to be licensed,certified or permitted in the jurisdiction of the requesting local governmentfor the duration of the event or the training, drills or exercises. [Formerly190.164]
402.230Reimbursement for assistance; disputes. (1) The intent of the intrastate mutualassistance compact created under ORS 402.210 i
402.010Cooperative assistance agreements. The state, counties and cities may, incollaboration with public and private agencies, enter into cooperative assistanceagreements for reciprocal emergency aid and resources. [Formerly 401.480]
402.015Mutual use of supplies and services. In carrying out the provisions of ORSchapter 401, the Governor and the executive officers or governing bodies of thecounties and cities may request and utilize the services, equipment, suppliesand facilities of existing departments, offices and agencies of the state andof local governments. The officers and personnel of all local governmentdepartments, offices and agencies may cooperate with, and extend such servicesand facilities to the Governor, to the Office of Emergency Management and toemergency management agencies and emergency service agencies upon request. [Formerly401.490]
402.020Reimbursement by state for services provided by local government employees. The state shallreimburse a local government for the compensation paid and the actual andnecessary travel, subsistence and maintenance expenses of employees of thelocal government while actually serving at the direction of the Governor or theDirector of the Office of Emergency Management in a state function or capacity.[Formerly 401.500]
EMERGENCYMANAGEMENT ASSISTANCE COMPACT
402.100Short title.ORS 402.105 may be cited as the Emergency Management Assistance Compact. [Formerly401.041]
402.105Emergency Management Assistance Compact. The Governor shall participate onbehalf of the State of Oregon with other states legally joining in the compactin a form substantially as follows:
Thiscompact is made and entered into by and between the participating member stateswhich enact this compact, hereinafter called party states. For the purposes ofthis compact, the term “states” is taken to mean the several states, theCommonwealth of Puerto Rico, the District of Columbia, and all U.S. territorialpossessions.
Thepurpose of this compact is to provide for mutual assistance between the statesentering into this compact in managing any emergency or disaster that is dulydeclared by the Governor of the affected state(s), whether arising from naturaldisaster, technological hazard, man-made disaster, civil emergency aspects ofresources shortages, community disorders, insurgency, or enemy attack.
Thiscompact shall also provide for mutual cooperation in emergency-relatedexercises, testing, or other training activities using equipment and personnelsimulating performance of any aspect of the giving and receiving of aid byparty states or subdivisions of party states during emergencies, such actionsoccurring outside actual declared emergency periods. Mutual assistance in thiscompact may include the use of the states’ National Guard forces, either inaccordance with the National Guard Mutual Assistance Compact or by mutualagreement between states.
Article II -General Implementation
Eachparty state entering into this compact recognizes many emergencies transcendpolitical jurisdictional boundaries and that intergovernmental coordination isessential in managing these and other emergencies under this compact. Eachstate further recognizes that there will be emergencies which require immediateaccess and present 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.
Theprompt, full, and effective utilization of resources of the participatingstates, including any resources on hand or available from the FederalGovernment or any other source, that are essential to the safety, care, andwelfare of the people in the event of any emergency or disaster declared by aparty state, shall be the underlying principle on which all articles of thiscompact shall be understood.
Onbehalf of the Governor of each state participating in the compact, the legallydesignated state official who is assigned responsibility for emergencymanagement will be responsible for formulation of the appropriate interstatemutual 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 proceduralplans and programs for interstate cooperation in the performance of theresponsibilities listed in this article. In formulating such plans, and incarrying them out, the party states, insofar as practical, shall:
(1)Review individual state hazards analyses and, to the extent reasonablypossible, determine all those potential emergencies the party states mightjointly suffer, whether due to natural disaster, technological hazard, man-madedisaster, emergency aspects of resource shortages, civil disorders, insurgency,or enemy attack.
(2)Review party states’ individual emergency plans and develop a plan which willdetermine the mechanism for the interstate management and provision ofassistance concerning any potential emergency.
(3)Develop interstate procedures to fill any identified gaps and to resolve anyidentified 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 andmaterial resources, together with procedures for reimbursement or forgiveness.
(7)Provide, to the extent authorized by law, for temporary suspension of anystatutes or ordinances that restrict the implementation of the aboveresponsibilities.
B.The authorized representative of a party state may request assistance ofanother party state by contacting the authorized representative of that state.The provisions of this compact shall only apply to requests for assistance madeby and to authorized representatives. Requests may be verbal or in writing. Ifverbal, the request shall be confirmed in writing within 30 days of the verbalrequest. Requests shall provide the following information:
(1)A description of the emergency service function for which assistance is neededincluding, but not limited to, fire services, law enforcement, emergencymedical, transportation, communications, public works and engineering,building, inspection, planning and information assistance, mass care, resourcesupport, health and medical services, and search and rescue.
(2)The amount and type of personnel, equipment, materials and supplies needed, anda reasonable estimate of the length of time they will be needed.
(3)The specific place and time for staging of the assisting party’s response and apoint of contact at that location.
C.There shall be frequent consultation between state officials who have assignedemergency management responsibilities and other appropriate representatives ofthe party states with affected jurisdictions and the United States Government,with free exchange of information, plans, and resource records relating toemergency capabilities.
Article IV -Limitations
Anyparty state requested to render mutual aid or conduct exercises and trainingfor mutual aid shall take such action as is necessary to provide and makeavailable the resources covered by this compact in accordance with the termshereof; provided that it is understood that the state rendering aid maywithhold resources to the extent necessary to provide reasonable protection forsuch state. Each party state shall afford to the emergency forces of any partystate, while operating within its state limits under the terms and conditionsof this compact, the same powers except that of arrest unless specificallyauthorized by the receiving state, duties, rights, and privileges as areafforded forces of the state in which they are performing emergency services.Emergency forces will continue under the command and control of their regularleaders, but the organizational units will come under the operational controlof the emergency services authorities of the state receiving assistance. Theseconditions may be activated, as needed, only subsequent to a declaration of astate of emergency or disaster by the Governor of the party state that is toreceive assistance or upon commencement of exercises or training for mutual aidand shall continue so long as the exercises or training for mutual aid are inprogress, the state of emergency or disaster remains in effect or loanedresources remain in the receiving state(s), whichever is longer.
Article V -Licenses and Permits
Wheneverany person holds a license, certificate, or other permit issued by any stateparty to the compact evidencing the meeting of qualifications for professional,mechanical, or other skills, and when such assistance is requested by thereceiving party state, such person shall be deemed licensed, certified, orpermitted by the state requesting assistance to render aid involving such skillto meet a declared emergency or disaster, subject to such limitations andconditions as the Governor of the requesting state may prescribe by executiveorder or otherwise.
Article VI -Liability
Officersor employees of a party state rendering aid in another state pursuant to thiscompact shall be considered agents of the requesting state for tort liabilityand immunity purposes. No party state or its officers or employees renderingaid in another state pursuant to this compact shall be liable on account of anyact or omission in good faith on the part of such forces while so engaged or onaccount of the maintenance or use of any equipment or supplies in connection therewith.Good faith in this article shall not include willful misconduct, grossnegligence, or recklessness.
Article VII -Supplementary Agreements
Inasmuchas it is probable that the pattern and detail of the machinery for mutual aidamong two or more states may differ from that among the states that are partyhereto, this compact contains elements of a broad base common to all states,and nothing herein shall preclude any state from entering into supplementaryagreements with another state or affect any other agreements already in forcebetween states. Supplementary agreements may comprehend, but shall not belimited to, provisions for evacuation and reception of injured and otherpersons and the exchange of medical, fire, police, public utility, reconnaissance,welfare, transportation and communications personnel, and equipment andsupplies.
Article VIII -Compensation
Eachparty state shall provide for the payment of compensation and death benefits toinjured members of the emergency forces of that state and representatives ofdeceased members of such forces in case such members sustain injuries or arekilled while rendering aid pursuant to this compact, in the same manner and onthe same terms as if the injury or death were sustained within their own state.
Article IX -Reimbursement
Anyparty state rendering aid in another state pursuant to this compact shall bereimbursed by the party state receiving such aid for any loss or damage to orexpense incurred in the operation of any equipment and the provision of anyservice in answering a request for aid and for the costs incurred in connectionwith such requests; provided, that any aiding party state may assume in wholeor in part such loss, damage, expense, or other cost, or may loan such equipmentor donate such services to the receiving party state without charge or cost;and provided further, that any two or more party states may enter intosupplementary agreements establishing a different allocation of costs amongthose states. Article VIII expenses shall not be reimbursable under thisprovision.
Article X -Evacuation
Plansfor the orderly evacuation and interstate reception of portions of the civilianpopulation as the result of any emergency or disaster of sufficient proportionsto so warrant, shall be worked out and maintained between the party states andthe emergency management/services directors of the various jurisdictions whereany type of incident requiring evacuations might occur. Such plans shall be putinto effect by request of the state from which evacuees come and shall includethe manner of transporting such evacuees, the number of evacuees to be receivedin different areas, the manner in which food, clothing, housing, and medicalcare will be provided, the registration of the evacuees, the providing offacilities for the notification of relatives or friends, and the forwarding ofsuch evacuees to other areas or the bringing in of additional materials,supplies, and all other relevant factors. Such plans shall provide that the partystate receiving evacuees and the party state from which the evacuees come shallmutually agree as to reimbursement of out-of-pocket expenses incurred inreceiving and caring for such evacuees, for expenditures for transportation,food, clothing, medicines and medical care, and like items. Such expendituresshall 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 whichthe evacuees come shall assume the responsibility for the ultimate support ofrepatriation of such evacuees.
Article XI -Implementation
A.This compact shall become operative immediately upon its enactment into law byany two (2) states; thereafter, this compact shall become effective as to any otherstate upon its enactment by such state.
B.Any party state may withdraw from this compact by enacting a statute repealingthe same, but no such withdrawal shall take effect until 30 days after theGovernor of the withdrawing state has given notice in writing of suchwithdrawal to the Governors of all other party states. Such action shall notrelieve the withdrawing state from obligations assumed hereunder prior to theeffective date of withdrawal.
C.Duly authenticated copies of this compact and of such supplementary agreementsas may be entered into shall, at the time of their approval, be deposited witheach of the party states and with the Federal Emergency Management Agency andother appropriate agencies of the United States Government.
Article XII -Validity
Thiscompact shall be construed to effectuate the purposes stated in Article Ihereof. If any provision of this compact is declared unconstitutional, or theapplicability thereof to any person or circumstances is held invalid, theconstitutionality of the remainder of this compact and the applicabilitythereof to other persons and circumstances shall not be affected thereby.
Article XIII -Additional Provisions
Nothingin this compact shall authorize or permit the use of military force by theNational Guard of a state at any place outside that state in any emergency forwhich the President is authorized by law to call into federal service themilitia, or for any purpose for which the use of the Army or the Air Forcewould in the absence of express statutory authorization be prohibited under 18U.S.C. 1385.
(1)In order to minimize the impact of an event that overwhelms the resources of alocal government, one local government should be able to make resourcesavailable to another local government as quickly as possible.
(2)It is appropriate to establish an efficient and permissive intrastate mutualassistance compact among local governments that will allow local governmentsmaximum flexibility to protect life and property within their jurisdictions. [Formerly190.155]
402.205Definitions for ORS 402.200 to 402.240. As used in ORS 402.200 to 402.240:
(1)“Event” means an incident that overwhelms or may overwhelm the resources of alocal government.
(2)“Local government” has the meaning given that term in ORS 174.116.
(3)“Requesting local government” means a local government that requests assistancefrom other local governments.
(4)“Resources” means employees, services, equipment and supplies of a respondinglocal government.
(5)“Responding local government” means a local government that has responded to arequesting local government by providing resources. [Formerly 190.156]
402.210Local government mutual assistance compact. (1) There is created anintrastate mutual assistance compact among the local governments within thisstate.
(2)The compact streamlines the process by which a local government:
(a)Requests assistance from another local government whenever an event occurs; and
(b)Temporarily acquires resources for training, drills or exercises.
(3)The compact does not:
(a)Require a local government to provide resources to a requesting localgovernment.
(b)Preclude a local government from entering into any other agreement with anotherlocal government.
(c)Affect any other agreement to which a local government is a party or may becomea party. [Formerly 190.158]
402.215Request for assistance. (1) A local government may request assistance to:
(a)Prevent, mitigate, respond to or recover from an event; or
(b)Work on its own or with other local governments in training, drills orexercises.
(2)A request for assistance must be made by or through the presiding officer ofthe governing body of a requesting local government or the chief executiveofficer or chief executive officer’s designee of the requesting local government.
(3)A request for assistance may be oral or written. If a request is oral, theresponding local government must document its response to the requesting localgovernment in writing within 30 days from the date on which the request wasmade.
(4)Response and the extent of the response are voluntary and may be terminated atany time. [Formerly 190.160]
402.220Resource sharing; procedures and protocols. (1) A responding localgovernment may withhold resources to the extent necessary to provide reasonableprotection and services for the responding local government.
(2)For purposes of the operational and tactical objectives required by therequesting local government, the resources of a responding local government areunder the direct command and control of the requesting local government.
(3)Unless otherwise directed by the requesting local government:
(a)The employees of the responding local government shall use the standardoperating procedures, medical and other protocols and rating procedures used bythe responding local government to accomplish the strategic and tactical goals.
(b)The services, equipment and supplies of the responding local government shallbe used under the standard operating procedures, medical and other protocolsand rating procedures used by the responding local government to accomplish thestrategic and tactical goals.
(4)Notwithstanding subsection (2) of this section, employees of the respondinglocal government remain at all times employees of the responding localgovernment and under the ultimate command and control of the responding localgovernment. [Formerly 190.162]
402.225Credentials of employee providing assistance. Subject to any limitations andconditions the governing body of the requesting local government may prescribe,if an employee of a responding local government holds a license, certificate,permit or similar documentation that evidences the employee’s qualifications ina professional, technical or other skill, the employee is considered to be licensed,certified or permitted in the jurisdiction of the requesting local governmentfor the duration of the event or the training, drills or exercises. [Formerly190.164]
402.230Reimbursement for assistance; disputes. (1) The intent of the intrastate mutualassistance compact created under ORS 402.210 i
402.010Cooperative assistance agreements. The state, counties and cities may, incollaboration with public and private agencies, enter into cooperative assistanceagreements for reciprocal emergency aid and resources. [Formerly 401.480]
402.015Mutual use of supplies and services. In carrying out the provisions of ORSchapter 401, the Governor and the executive officers or governing bodies of thecounties and cities may request and utilize the services, equipment, suppliesand facilities of existing departments, offices and agencies of the state andof local governments. The officers and personnel of all local governmentdepartments, offices and agencies may cooperate with, and extend such servicesand facilities to the Governor, to the Office of Emergency Management and toemergency management agencies and emergency service agencies upon request. [Formerly401.490]
402.020Reimbursement by state for services provided by local government employees. The state shallreimburse a local government for the compensation paid and the actual andnecessary travel, subsistence and maintenance expenses of employees of thelocal government while actually serving at the direction of the Governor or theDirector of the Office of Emergency Management in a state function or capacity.[Formerly 401.500]
EMERGENCYMANAGEMENT ASSISTANCE COMPACT
402.100Short title.ORS 402.105 may be cited as the Emergency Management Assistance Compact. [Formerly401.041]
402.105Emergency Management Assistance Compact. The Governor shall participate onbehalf of the State of Oregon with other states legally joining in the compactin a form substantially as follows:
Thiscompact is made and entered into by and between the participating member stateswhich enact this compact, hereinafter called party states. For the purposes ofthis compact, the term “states” is taken to mean the several states, theCommonwealth of Puerto Rico, the District of Columbia, and all U.S. territorialpossessions.
Thepurpose of this compact is to provide for mutual assistance between the statesentering into this compact in managing any emergency or disaster that is dulydeclared by the Governor of the affected state(s), whether arising from naturaldisaster, technological hazard, man-made disaster, civil emergency aspects ofresources shortages, community disorders, insurgency, or enemy attack.
Thiscompact shall also provide for mutual cooperation in emergency-relatedexercises, testing, or other training activities using equipment and personnelsimulating performance of any aspect of the giving and receiving of aid byparty states or subdivisions of party states during emergencies, such actionsoccurring outside actual declared emergency periods. Mutual assistance in thiscompact may include the use of the states’ National Guard forces, either inaccordance with the National Guard Mutual Assistance Compact or by mutualagreement between states.
Article II -General Implementation
Eachparty state entering into this compact recognizes many emergencies transcendpolitical jurisdictional boundaries and that intergovernmental coordination isessential in managing these and other emergencies under this compact. Eachstate further recognizes that there will be emergencies which require immediateaccess and present 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.
Theprompt, full, and effective utilization of resources of the participatingstates, including any resources on hand or available from the FederalGovernment or any other source, that are essential to the safety, care, andwelfare of the people in the event of any emergency or disaster declared by aparty state, shall be the underlying principle on which all articles of thiscompact shall be understood.
Onbehalf of the Governor of each state participating in the compact, the legallydesignated state official who is assigned responsibility for emergencymanagement will be responsible for formulation of the appropriate interstatemutual 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 proceduralplans and programs for interstate cooperation in the performance of theresponsibilities listed in this article. In formulating such plans, and incarrying them out, the party states, insofar as practical, shall:
(1)Review individual state hazards analyses and, to the extent reasonablypossible, determine all those potential emergencies the party states mightjointly suffer, whether due to natural disaster, technological hazard, man-madedisaster, emergency aspects of resource shortages, civil disorders, insurgency,or enemy attack.
(2)Review party states’ individual emergency plans and develop a plan which willdetermine the mechanism for the interstate management and provision ofassistance concerning any potential emergency.
(3)Develop interstate procedures to fill any identified gaps and to resolve anyidentified 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 andmaterial resources, together with procedures for reimbursement or forgiveness.
(7)Provide, to the extent authorized by law, for temporary suspension of anystatutes or ordinances that restrict the implementation of the aboveresponsibilities.
B.The authorized representative of a party state may request assistance ofanother party state by contacting the authorized representative of that state.The provisions of this compact shall only apply to requests for assistance madeby and to authorized representatives. Requests may be verbal or in writing. Ifverbal, the request shall be confirmed in writing within 30 days of the verbalrequest. Requests shall provide the following information:
(1)A description of the emergency service function for which assistance is neededincluding, but not limited to, fire services, law enforcement, emergencymedical, transportation, communications, public works and engineering,building, inspection, planning and information assistance, mass care, resourcesupport, health and medical services, and search and rescue.
(2)The amount and type of personnel, equipment, materials and supplies needed, anda reasonable estimate of the length of time they will be needed.
(3)The specific place and time for staging of the assisting party’s response and apoint of contact at that location.
C.There shall be frequent consultation between state officials who have assignedemergency management responsibilities and other appropriate representatives ofthe party states with affected jurisdictions and the United States Government,with free exchange of information, plans, and resource records relating toemergency capabilities.
Article IV -Limitations
Anyparty state requested to render mutual aid or conduct exercises and trainingfor mutual aid shall take such action as is necessary to provide and makeavailable the resources covered by this compact in accordance with the termshereof; provided that it is understood that the state rendering aid maywithhold resources to the extent necessary to provide reasonable protection forsuch state. Each party state shall afford to the emergency forces of any partystate, while operating within its state limits under the terms and conditionsof this compact, the same powers except that of arrest unless specificallyauthorized by the receiving state, duties, rights, and privileges as areafforded forces of the state in which they are performing emergency services.Emergency forces will continue under the command and control of their regularleaders, but the organizational units will come under the operational controlof the emergency services authorities of the state receiving assistance. Theseconditions may be activated, as needed, only subsequent to a declaration of astate of emergency or disaster by the Governor of the party state that is toreceive assistance or upon commencement of exercises or training for mutual aidand shall continue so long as the exercises or training for mutual aid are inprogress, the state of emergency or disaster remains in effect or loanedresources remain in the receiving state(s), whichever is longer.
Article V -Licenses and Permits
Wheneverany person holds a license, certificate, or other permit issued by any stateparty to the compact evidencing the meeting of qualifications for professional,mechanical, or other skills, and when such assistance is requested by thereceiving party state, such person shall be deemed licensed, certified, orpermitted by the state requesting assistance to render aid involving such skillto meet a declared emergency or disaster, subject to such limitations andconditions as the Governor of the requesting state may prescribe by executiveorder or otherwise.
Article VI -Liability
Officersor employees of a party state rendering aid in another state pursuant to thiscompact shall be considered agents of the requesting state for tort liabilityand immunity purposes. No party state or its officers or employees renderingaid in another state pursuant to this compact shall be liable on account of anyact or omission in good faith on the part of such forces while so engaged or onaccount of the maintenance or use of any equipment or supplies in connection therewith.Good faith in this article shall not include willful misconduct, grossnegligence, or recklessness.
Article VII -Supplementary Agreements
Inasmuchas it is probable that the pattern and detail of the machinery for mutual aidamong two or more states may differ from that among the states that are partyhereto, this compact contains elements of a broad base common to all states,and nothing herein shall preclude any state from entering into supplementaryagreements with another state or affect any other agreements already in forcebetween states. Supplementary agreements may comprehend, but shall not belimited to, provisions for evacuation and reception of injured and otherpersons and the exchange of medical, fire, police, public utility, reconnaissance,welfare, transportation and communications personnel, and equipment andsupplies.
Article VIII -Compensation
Eachparty state shall provide for the payment of compensation and death benefits toinjured members of the emergency forces of that state and representatives ofdeceased members of such forces in case such members sustain injuries or arekilled while rendering aid pursuant to this compact, in the same manner and onthe same terms as if the injury or death were sustained within their own state.
Article IX -Reimbursement
Anyparty state rendering aid in another state pursuant to this compact shall bereimbursed by the party state receiving such aid for any loss or damage to orexpense incurred in the operation of any equipment and the provision of anyservice in answering a request for aid and for the costs incurred in connectionwith such requests; provided, that any aiding party state may assume in wholeor in part such loss, damage, expense, or other cost, or may loan such equipmentor donate such services to the receiving party state without charge or cost;and provided further, that any two or more party states may enter intosupplementary agreements establishing a different allocation of costs amongthose states. Article VIII expenses shall not be reimbursable under thisprovision.
Article X -Evacuation
Plansfor the orderly evacuation and interstate reception of portions of the civilianpopulation as the result of any emergency or disaster of sufficient proportionsto so warrant, shall be worked out and maintained between the party states andthe emergency management/services directors of the various jurisdictions whereany type of incident requiring evacuations might occur. Such plans shall be putinto effect by request of the state from which evacuees come and shall includethe manner of transporting such evacuees, the number of evacuees to be receivedin different areas, the manner in which food, clothing, housing, and medicalcare will be provided, the registration of the evacuees, the providing offacilities for the notification of relatives or friends, and the forwarding ofsuch evacuees to other areas or the bringing in of additional materials,supplies, and all other relevant factors. Such plans shall provide that the partystate receiving evacuees and the party state from which the evacuees come shallmutually agree as to reimbursement of out-of-pocket expenses incurred inreceiving and caring for such evacuees, for expenditures for transportation,food, clothing, medicines and medical care, and like items. Such expendituresshall 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 whichthe evacuees come shall assume the responsibility for the ultimate support ofrepatriation of such evacuees.
Article XI -Implementation
A.This compact shall become operative immediately upon its enactment into law byany two (2) states; thereafter, this compact shall become effective as to any otherstate upon its enactment by such state.
B.Any party state may withdraw from this compact by enacting a statute repealingthe same, but no such withdrawal shall take effect until 30 days after theGovernor of the withdrawing state has given notice in writing of suchwithdrawal to the Governors of all other party states. Such action shall notrelieve the withdrawing state from obligations assumed hereunder prior to theeffective date of withdrawal.
C.Duly authenticated copies of this compact and of such supplementary agreementsas may be entered into shall, at the time of their approval, be deposited witheach of the party states and with the Federal Emergency Management Agency andother appropriate agencies of the United States Government.
Article XII -Validity
Thiscompact shall be construed to effectuate the purposes stated in Article Ihereof. If any provision of this compact is declared unconstitutional, or theapplicability thereof to any person or circumstances is held invalid, theconstitutionality of the remainder of this compact and the applicabilitythereof to other persons and circumstances shall not be affected thereby.
Article XIII -Additional Provisions
Nothingin this compact shall authorize or permit the use of military force by theNational Guard of a state at any place outside that state in any emergency forwhich the President is authorized by law to call into federal service themilitia, or for any purpose for which the use of the Army or the Air Forcewould in the absence of express statutory authorization be prohibited under 18U.S.C. 1385.
(1)In order to minimize the impact of an event that overwhelms the resources of alocal government, one local government should be able to make resourcesavailable to another local government as quickly as possible.
(2)It is appropriate to establish an efficient and permissive intrastate mutualassistance compact among local governments that will allow local governmentsmaximum flexibility to protect life and property within their jurisdictions. [Formerly190.155]
402.205Definitions for ORS 402.200 to 402.240. As used in ORS 402.200 to 402.240:
(1)“Event” means an incident that overwhelms or may overwhelm the resources of alocal government.
(2)“Local government” has the meaning given that term in ORS 174.116.
(3)“Requesting local government” means a local government that requests assistancefrom other local governments.
(4)“Resources” means employees, services, equipment and supplies of a respondinglocal government.
(5)“Responding local government” means a local government that has responded to arequesting local government by providing resources. [Formerly 190.156]
402.210Local government mutual assistance compact. (1) There is created anintrastate mutual assistance compact among the local governments within thisstate.
(2)The compact streamlines the process by which a local government:
(a)Requests assistance from another local government whenever an event occurs; and
(b)Temporarily acquires resources for training, drills or exercises.
(3)The compact does not:
(a)Require a local government to provide resources to a requesting localgovernment.
(b)Preclude a local government from entering into any other agreement with anotherlocal government.
(c)Affect any other agreement to which a local government is a party or may becomea party. [Formerly 190.158]
402.215Request for assistance. (1) A local government may request assistance to:
(a)Prevent, mitigate, respond to or recover from an event; or
(b)Work on its own or with other local governments in training, drills orexercises.
(2)A request for assistance must be made by or through the presiding officer ofthe governing body of a requesting local government or the chief executiveofficer or chief executive officer’s designee of the requesting local government.
(3)A request for assistance may be oral or written. If a request is oral, theresponding local government must document its response to the requesting localgovernment in writing within 30 days from the date on which the request wasmade.
(4)Response and the extent of the response are voluntary and may be terminated atany time. [Formerly 190.160]
402.220Resource sharing; procedures and protocols. (1) A responding localgovernment may withhold resources to the extent necessary to provide reasonableprotection and services for the responding local government.
(2)For purposes of the operational and tactical objectives required by therequesting local government, the resources of a responding local government areunder the direct command and control of the requesting local government.
(3)Unless otherwise directed by the requesting local government:
(a)The employees of the responding local government shall use the standardoperating procedures, medical and other protocols and rating procedures used bythe responding local government to accomplish the strategic and tactical goals.
(b)The services, equipment and supplies of the responding local government shallbe used under the standard operating procedures, medical and other protocolsand rating procedures used by the responding local government to accomplish thestrategic and tactical goals.
(4)Notwithstanding subsection (2) of this section, employees of the respondinglocal government remain at all times employees of the responding localgovernment and under the ultimate command and control of the responding localgovernment. [Formerly 190.162]
402.225Credentials of employee providing assistance. Subject to any limitations andconditions the governing body of the requesting local government may prescribe,if an employee of a responding local government holds a license, certificate,permit or similar documentation that evidences the employee’s qualifications ina professional, technical or other skill, the employee is considered to be licensed,certified or permitted in the jurisdiction of the requesting local governmentfor the duration of the event or the training, drills or exercises. [Formerly190.164]
402.230Reimbursement for assistance; disputes. (1) The intent of the intrastate mutualassistance compact created under ORS 402.210 i
