The Emergency Management Assistance Compact is hereby enacted into law andentered into by the Commonwealth of Virginia with all other states legallyjoining therein, in the form substantially as follows:
EMERGENCY MANAGEMENT ASSISTANCE COMPACT
ARTICLE I. PURPOSE AND AUTHORITIES.
This compact is made and entered into by and between the participating memberstates which enact this compact, hereinafter called party states. For thepurposes of this compact, the term "states" is taken to mean the severalstates, the Commonwealth of Puerto Rico, the District of Columbia, and allU.S. territorial possessions.
The purpose of this compact is to provide for mutual assistance between thestates entering into this compact in managing any emergency or disaster thatis duly declared by the Governor of the affected state, whether arising fromnatural disaster, technological hazard, man-made disaster, civil emergencyaspects of resources shortages, community disorders, insurgency, or enemyattack.
This compact shall also provide for mutual cooperation in emergency-relatedexercises, testing, or other training activities using equipment andpersonnel simulating performance of any aspect of the giving and receiving ofaid by party states or subdivisions of party states during emergencies, suchactions occurring outside actual declared emergency periods. Mutualassistance in this compact may include the use of the states' National Guardforces, either in accordance with the National Guard Mutual AssistanceCompact or by mutual agreement between states.
ARTICLE II. GENERAL IMPLEMENTATION.
Each party state entering into this compact recognizes that many emergenciestranscend political jurisdictional boundaries and that intergovernmentalcoordination is essential in managing these and other emergencies under thiscompact. Each state further recognizes that there will be emergencies whichrequire immediate access and present procedures to apply outside resources tomake a prompt and effective response to such an emergency. This is becausefew, if any, individual states have all the resources they may need in alltypes of emergencies or the capability of delivering resources to areas whereemergencies exist.
The prompt, 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.
On behalf of the Governor of each state participating in the compact, thelegally designated state official who is assigned responsibility foremergency management will be responsible for formulation of the appropriateinterstate mutual aid plans and procedures necessary to implement thiscompact.
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-made disaster, emergency aspects of resources shortages, civil disorders,insurgency, or enemy attack;
2. Review party states' individual emergency plans and develop a plan whichwill determine the mechanism for the interstate management and provision ofassistance concerning any potential emergency;
3. Develop interstate procedures to fill any identified gaps and to resolveany identified inconsistencies or overlaps in existing or developed plans;
4. Assist in warning communities adjacent to or crossing the state boundaries;
5. Protect and assure uninterrupted delivery of services, medicines, water,food, energy and fuel, search and rescue, and critical lifeline equipment,services, and resources, both human and material;
6. Inventory and set procedures for the interstate loan and delivery of humanand material resources, together with procedures for reimbursement orforgiveness; and
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 thatstate. The provisions of this compact shall only apply to requests forassistance made by and to authorized representatives. Requests may be verbalor in writing. If verbal, the request shall be confirmed in writing withinthirty days of the verbal request. Requests shall provide the followinginformation:
1. A description of the emergency service function for which assistance isneeded, including, but not limited to, fire services, law enforcement,emergency medical, transportation, communications, public works andengineering, building inspection, planning and information assistance, masscare, resource support, health and medical services, and search and rescue;
2. The amount and type of personnel, equipment, materials and suppliesneeded, and a reasonable estimate of the length of time they will be needed;and
3. The specific place and time for staging of the assisting party's responseand a point of contact at that location.
C. There shall be frequent consultation between state officials who haveassigned emergency management responsibilities and other appropriaterepresentatives of the party states with affected jurisdictions and theUnited States Government, with free exchange of information, plans, andresource records relating to emergency capabilities.
ARTICLE IV. LIMITATIONS.
Any party state requested to render mutual aid or conduct exercises andtraining for mutual aid shall take such action as is necessary to provide andmake available the resources covered by this compact in accordance with theterms hereof; provided that it is understood that the state rendering aid maywithhold resources to the extent necessary to provide reasonable protectionfor such state.
Each party state shall afford to the emergency forces of any party state,while operating within its state limits under the terms and conditions ofthis 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.These conditions may be activated, as needed, only subsequent to adeclaration of a state emergency or disaster by the governor of the partystate that is to receive assistance or upon commencement of exercises ortraining for mutual aid and shall continue so long as the exercises ortraining for mutual aid are in progress, the state of emergency or disasterremains in effect, or loaned resources remain in the receiving state,whichever is longer.
ARTICLE V. LICENSES AND PERMITS.
Whenever any person holds a license, certificate, or other permit issued byany state party to the compact evidencing the meeting of qualifications forprofessional, mechanical, or other skills, and when such assistance isrequested by the receiving party state, such person shall be deemed licensed,certified, or permitted by the state requesting assistance to render aidinvolving such skill to meet a declared emergency or disaster, subject tosuch limitations and conditions as the Governor of the requesting state mayprescribe by executive order or otherwise.
ARTICLE VI. LIABILITY.
Officers or employees of a party state rendering aid in another statepursuant to this compact shall be considered agents of the requesting statefor tort liability and immunity purposes. No party state or its officers oremployees rendering aid in another state pursuant to this compact shall beliable on account of any act or omission in good faith on the part of suchforces while so engaged or on account of the maintenance or use of anyequipment or supplies in connection therewith. Good faith in this articleshall not include willful misconduct, gross negligence, or recklessness.
ARTICLE VII. SUPPLEMENTARY AGREEMENTS.
Inasmuch as it is probable that the pattern and detail of the machinery formutual aid among two or more states may differ from that among the statesthat are party hereto, this compact contains elements of a broad base commonto all states, and nothing herein shall preclude any state entering intosupplementary agreements with another state or affect any other agreementsalready in force between states. Supplementary agreements may comprehend, butshall not be limited to, provisions for evacuation and reception of injuredand other persons and the exchange of medical, fire, police, public utility,reconnaissance, welfare, transportation and communications personnel, andequipment and supplies.
ARTICLE VIII. COMPENSATION.
Each party state shall provide for the payment of compensation and deathbenefits to injured members of the emergency forces of that state andrepresentatives of deceased members of such forces in case such memberssustain injuries or are killed while rendering aid pursuant to this compact,in the same manner and on the same terms as if the injury or death weresustained within their own state.
ARTICLE IX. REIMBURSEMENT.
Any party state rendering aid in another state pursuant to this compact shallbe reimbursed by the party state receiving such aid for any loss or damage toor expense incurred in the operation of any equipment and the provision ofany service in answering a request for aid and for the costs incurred inconnection with such requests; provided, that any aiding party state mayassume in whole or in part such loss, damage, expense, or other cost, or mayloan such equipment or donate such services to the receiving party statewithout charge or cost; and provided further, that any two or more partystates may enter into supplementary agreements establishing a differentallocation of costs among those states. Article VIII expenses shall not bereimbursable under this article.
ARTICLE X. EVACUATION.
Plans for the orderly evacuation and interstate reception of portions of thecivilian population as the result of any emergency or disaster of sufficientproportions to so warrant, shall be worked out and maintained between theparty states and the emergency management/services directors of the variousjurisdictions where any type of incident requiring evacuations might occur.Such plans shall be put into effect by request of the state from whichevacuees come and shall include the manner of transporting such evacuees, thenumber of evacuees to be received in different areas, the manner in whichfood, clothing, housing, and medical care will be provided, the registrationof the evacuees, the providing of facilities for the notification ofrelatives or friends, and the forwarding of such evacuees to other areas orthe bringing in of additional materials, supplies, and all other relevantfactors. Such plans shall provide that the party state receiving evacuees andthe party state from which the evacuees come shall mutually agree as toreimbursement of out-of-pocket expenses incurred in receiving and caring forsuch evacuees, for expenditures for transportation, food, clothing, medicinesand medical care, and like items. Such expenditures shall be reimbursed asagreed by the party state from which the evacuees come. After the terminationof the emergency or disaster, the party state from which the evacuees comeshall assume the responsibility for the ultimate support of repatriation ofsuch evacuees.
ARTICLE XI. IMPLEMENTATION.
A. This compact shall become effective immediately upon its enactment intolaw by any two states. Thereafter, this compact shall become effective as toany other state upon enactment by such state.
B. Any party state may withdraw from this compact by enacting a statuterepealing the same, but no such withdrawal shall take effect until thirtydays after the Governor of the withdrawing state has given notice in writingof such withdrawal to the Governors of all other party states. Such actionshall not relieve the withdrawing state from obligations assumed hereunderprior to the effective date of withdrawal.
C. Duly authenticated copies of this compact and of such supplementaryagreements as may be entered into shall, at the time of their approval, bedeposited with each of the party states and with the Federal EmergencyManagement Agency and other appropriate agencies of the United StatesGovernment.
ARTICLE XII. VALIDITY.
This compact shall be construed to effectuate the purposes stated in ArticleI. 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.
ARTICLE XIII. ADDITIONAL PROVISIONS.
Nothing in this compact shall authorize or permit the use of military forceby the National Guard of a state at any place outside that state in anyemergency for which the President is authorized by law to call into federalservice the militia, or for any purpose for which the use of the Army or theAir Force would in the absence of express statutory authorization beprohibited under § 1385 of Title 18 of the United States Code.
The Emergency Management Assistance Compact is hereby enacted into law andentered into by the Commonwealth of Virginia with all other states legallyjoining therein, in the form substantially as follows:
EMERGENCY MANAGEMENT ASSISTANCE COMPACT
ARTICLE I. PURPOSE AND AUTHORITIES.
This compact is made and entered into by and between the participating memberstates which enact this compact, hereinafter called party states. For thepurposes of this compact, the term "states" is taken to mean the severalstates, the Commonwealth of Puerto Rico, the District of Columbia, and allU.S. territorial possessions.
The purpose of this compact is to provide for mutual assistance between thestates entering into this compact in managing any emergency or disaster thatis duly declared by the Governor of the affected state, whether arising fromnatural disaster, technological hazard, man-made disaster, civil emergencyaspects of resources shortages, community disorders, insurgency, or enemyattack.
This compact shall also provide for mutual cooperation in emergency-relatedexercises, testing, or other training activities using equipment andpersonnel simulating performance of any aspect of the giving and receiving ofaid by party states or subdivisions of party states during emergencies, suchactions occurring outside actual declared emergency periods. Mutualassistance in this compact may include the use of the states' National Guardforces, either in accordance with the National Guard Mutual AssistanceCompact or by mutual agreement between states.
ARTICLE II. GENERAL IMPLEMENTATION.
Each party state entering into this compact recognizes that many emergenciestranscend political jurisdictional boundaries and that intergovernmentalcoordination is essential in managing these and other emergencies under thiscompact. Each state further recognizes that there will be emergencies whichrequire immediate access and present procedures to apply outside resources tomake a prompt and effective response to such an emergency. This is becausefew, if any, individual states have all the resources they may need in alltypes of emergencies or the capability of delivering resources to areas whereemergencies exist.
The prompt, 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.
On behalf of the Governor of each state participating in the compact, thelegally designated state official who is assigned responsibility foremergency management will be responsible for formulation of the appropriateinterstate mutual aid plans and procedures necessary to implement thiscompact.
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-made disaster, emergency aspects of resources shortages, civil disorders,insurgency, or enemy attack;
2. Review party states' individual emergency plans and develop a plan whichwill determine the mechanism for the interstate management and provision ofassistance concerning any potential emergency;
3. Develop interstate procedures to fill any identified gaps and to resolveany identified inconsistencies or overlaps in existing or developed plans;
4. Assist in warning communities adjacent to or crossing the state boundaries;
5. Protect and assure uninterrupted delivery of services, medicines, water,food, energy and fuel, search and rescue, and critical lifeline equipment,services, and resources, both human and material;
6. Inventory and set procedures for the interstate loan and delivery of humanand material resources, together with procedures for reimbursement orforgiveness; and
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 thatstate. The provisions of this compact shall only apply to requests forassistance made by and to authorized representatives. Requests may be verbalor in writing. If verbal, the request shall be confirmed in writing withinthirty days of the verbal request. Requests shall provide the followinginformation:
1. A description of the emergency service function for which assistance isneeded, including, but not limited to, fire services, law enforcement,emergency medical, transportation, communications, public works andengineering, building inspection, planning and information assistance, masscare, resource support, health and medical services, and search and rescue;
2. The amount and type of personnel, equipment, materials and suppliesneeded, and a reasonable estimate of the length of time they will be needed;and
3. The specific place and time for staging of the assisting party's responseand a point of contact at that location.
C. There shall be frequent consultation between state officials who haveassigned emergency management responsibilities and other appropriaterepresentatives of the party states with affected jurisdictions and theUnited States Government, with free exchange of information, plans, andresource records relating to emergency capabilities.
ARTICLE IV. LIMITATIONS.
Any party state requested to render mutual aid or conduct exercises andtraining for mutual aid shall take such action as is necessary to provide andmake available the resources covered by this compact in accordance with theterms hereof; provided that it is understood that the state rendering aid maywithhold resources to the extent necessary to provide reasonable protectionfor such state.
Each party state shall afford to the emergency forces of any party state,while operating within its state limits under the terms and conditions ofthis 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.These conditions may be activated, as needed, only subsequent to adeclaration of a state emergency or disaster by the governor of the partystate that is to receive assistance or upon commencement of exercises ortraining for mutual aid and shall continue so long as the exercises ortraining for mutual aid are in progress, the state of emergency or disasterremains in effect, or loaned resources remain in the receiving state,whichever is longer.
ARTICLE V. LICENSES AND PERMITS.
Whenever any person holds a license, certificate, or other permit issued byany state party to the compact evidencing the meeting of qualifications forprofessional, mechanical, or other skills, and when such assistance isrequested by the receiving party state, such person shall be deemed licensed,certified, or permitted by the state requesting assistance to render aidinvolving such skill to meet a declared emergency or disaster, subject tosuch limitations and conditions as the Governor of the requesting state mayprescribe by executive order or otherwise.
ARTICLE VI. LIABILITY.
Officers or employees of a party state rendering aid in another statepursuant to this compact shall be considered agents of the requesting statefor tort liability and immunity purposes. No party state or its officers oremployees rendering aid in another state pursuant to this compact shall beliable on account of any act or omission in good faith on the part of suchforces while so engaged or on account of the maintenance or use of anyequipment or supplies in connection therewith. Good faith in this articleshall not include willful misconduct, gross negligence, or recklessness.
ARTICLE VII. SUPPLEMENTARY AGREEMENTS.
Inasmuch as it is probable that the pattern and detail of the machinery formutual aid among two or more states may differ from that among the statesthat are party hereto, this compact contains elements of a broad base commonto all states, and nothing herein shall preclude any state entering intosupplementary agreements with another state or affect any other agreementsalready in force between states. Supplementary agreements may comprehend, butshall not be limited to, provisions for evacuation and reception of injuredand other persons and the exchange of medical, fire, police, public utility,reconnaissance, welfare, transportation and communications personnel, andequipment and supplies.
ARTICLE VIII. COMPENSATION.
Each party state shall provide for the payment of compensation and deathbenefits to injured members of the emergency forces of that state andrepresentatives of deceased members of such forces in case such memberssustain injuries or are killed while rendering aid pursuant to this compact,in the same manner and on the same terms as if the injury or death weresustained within their own state.
ARTICLE IX. REIMBURSEMENT.
Any party state rendering aid in another state pursuant to this compact shallbe reimbursed by the party state receiving such aid for any loss or damage toor expense incurred in the operation of any equipment and the provision ofany service in answering a request for aid and for the costs incurred inconnection with such requests; provided, that any aiding party state mayassume in whole or in part such loss, damage, expense, or other cost, or mayloan such equipment or donate such services to the receiving party statewithout charge or cost; and provided further, that any two or more partystates may enter into supplementary agreements establishing a differentallocation of costs among those states. Article VIII expenses shall not bereimbursable under this article.
ARTICLE X. EVACUATION.
Plans for the orderly evacuation and interstate reception of portions of thecivilian population as the result of any emergency or disaster of sufficientproportions to so warrant, shall be worked out and maintained between theparty states and the emergency management/services directors of the variousjurisdictions where any type of incident requiring evacuations might occur.Such plans shall be put into effect by request of the state from whichevacuees come and shall include the manner of transporting such evacuees, thenumber of evacuees to be received in different areas, the manner in whichfood, clothing, housing, and medical care will be provided, the registrationof the evacuees, the providing of facilities for the notification ofrelatives or friends, and the forwarding of such evacuees to other areas orthe bringing in of additional materials, supplies, and all other relevantfactors. Such plans shall provide that the party state receiving evacuees andthe party state from which the evacuees come shall mutually agree as toreimbursement of out-of-pocket expenses incurred in receiving and caring forsuch evacuees, for expenditures for transportation, food, clothing, medicinesand medical care, and like items. Such expenditures shall be reimbursed asagreed by the party state from which the evacuees come. After the terminationof the emergency or disaster, the party state from which the evacuees comeshall assume the responsibility for the ultimate support of repatriation ofsuch evacuees.
ARTICLE XI. IMPLEMENTATION.
A. This compact shall become effective immediately upon its enactment intolaw by any two states. Thereafter, this compact shall become effective as toany other state upon enactment by such state.
B. Any party state may withdraw from this compact by enacting a statuterepealing the same, but no such withdrawal shall take effect until thirtydays after the Governor of the withdrawing state has given notice in writingof such withdrawal to the Governors of all other party states. Such actionshall not relieve the withdrawing state from obligations assumed hereunderprior to the effective date of withdrawal.
C. Duly authenticated copies of this compact and of such supplementaryagreements as may be entered into shall, at the time of their approval, bedeposited with each of the party states and with the Federal EmergencyManagement Agency and other appropriate agencies of the United StatesGovernment.
ARTICLE XII. VALIDITY.
This compact shall be construed to effectuate the purposes stated in ArticleI. 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.
ARTICLE XIII. ADDITIONAL PROVISIONS.
Nothing in this compact shall authorize or permit the use of military forceby the National Guard of a state at any place outside that state in anyemergency for which the President is authorized by law to call into federalservice the militia, or for any purpose for which the use of the Army or theAir Force would in the absence of express statutory authorization beprohibited under § 1385 of Title 18 of the United States Code.
The Emergency Management Assistance Compact is hereby enacted into law andentered into by the Commonwealth of Virginia with all other states legallyjoining therein, in the form substantially as follows:
EMERGENCY MANAGEMENT ASSISTANCE COMPACT
ARTICLE I. PURPOSE AND AUTHORITIES.
This compact is made and entered into by and between the participating memberstates which enact this compact, hereinafter called party states. For thepurposes of this compact, the term "states" is taken to mean the severalstates, the Commonwealth of Puerto Rico, the District of Columbia, and allU.S. territorial possessions.
The purpose of this compact is to provide for mutual assistance between thestates entering into this compact in managing any emergency or disaster thatis duly declared by the Governor of the affected state, whether arising fromnatural disaster, technological hazard, man-made disaster, civil emergencyaspects of resources shortages, community disorders, insurgency, or enemyattack.
This compact shall also provide for mutual cooperation in emergency-relatedexercises, testing, or other training activities using equipment andpersonnel simulating performance of any aspect of the giving and receiving ofaid by party states or subdivisions of party states during emergencies, suchactions occurring outside actual declared emergency periods. Mutualassistance in this compact may include the use of the states' National Guardforces, either in accordance with the National Guard Mutual AssistanceCompact or by mutual agreement between states.
ARTICLE II. GENERAL IMPLEMENTATION.
Each party state entering into this compact recognizes that many emergenciestranscend political jurisdictional boundaries and that intergovernmentalcoordination is essential in managing these and other emergencies under thiscompact. Each state further recognizes that there will be emergencies whichrequire immediate access and present procedures to apply outside resources tomake a prompt and effective response to such an emergency. This is becausefew, if any, individual states have all the resources they may need in alltypes of emergencies or the capability of delivering resources to areas whereemergencies exist.
The prompt, 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.
On behalf of the Governor of each state participating in the compact, thelegally designated state official who is assigned responsibility foremergency management will be responsible for formulation of the appropriateinterstate mutual aid plans and procedures necessary to implement thiscompact.
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-made disaster, emergency aspects of resources shortages, civil disorders,insurgency, or enemy attack;
2. Review party states' individual emergency plans and develop a plan whichwill determine the mechanism for the interstate management and provision ofassistance concerning any potential emergency;
3. Develop interstate procedures to fill any identified gaps and to resolveany identified inconsistencies or overlaps in existing or developed plans;
4. Assist in warning communities adjacent to or crossing the state boundaries;
5. Protect and assure uninterrupted delivery of services, medicines, water,food, energy and fuel, search and rescue, and critical lifeline equipment,services, and resources, both human and material;
6. Inventory and set procedures for the interstate loan and delivery of humanand material resources, together with procedures for reimbursement orforgiveness; and
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 thatstate. The provisions of this compact shall only apply to requests forassistance made by and to authorized representatives. Requests may be verbalor in writing. If verbal, the request shall be confirmed in writing withinthirty days of the verbal request. Requests shall provide the followinginformation:
1. A description of the emergency service function for which assistance isneeded, including, but not limited to, fire services, law enforcement,emergency medical, transportation, communications, public works andengineering, building inspection, planning and information assistance, masscare, resource support, health and medical services, and search and rescue;
2. The amount and type of personnel, equipment, materials and suppliesneeded, and a reasonable estimate of the length of time they will be needed;and
3. The specific place and time for staging of the assisting party's responseand a point of contact at that location.
C. There shall be frequent consultation between state officials who haveassigned emergency management responsibilities and other appropriaterepresentatives of the party states with affected jurisdictions and theUnited States Government, with free exchange of information, plans, andresource records relating to emergency capabilities.
ARTICLE IV. LIMITATIONS.
Any party state requested to render mutual aid or conduct exercises andtraining for mutual aid shall take such action as is necessary to provide andmake available the resources covered by this compact in accordance with theterms hereof; provided that it is understood that the state rendering aid maywithhold resources to the extent necessary to provide reasonable protectionfor such state.
Each party state shall afford to the emergency forces of any party state,while operating within its state limits under the terms and conditions ofthis 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.These conditions may be activated, as needed, only subsequent to adeclaration of a state emergency or disaster by the governor of the partystate that is to receive assistance or upon commencement of exercises ortraining for mutual aid and shall continue so long as the exercises ortraining for mutual aid are in progress, the state of emergency or disasterremains in effect, or loaned resources remain in the receiving state,whichever is longer.
ARTICLE V. LICENSES AND PERMITS.
Whenever any person holds a license, certificate, or other permit issued byany state party to the compact evidencing the meeting of qualifications forprofessional, mechanical, or other skills, and when such assistance isrequested by the receiving party state, such person shall be deemed licensed,certified, or permitted by the state requesting assistance to render aidinvolving such skill to meet a declared emergency or disaster, subject tosuch limitations and conditions as the Governor of the requesting state mayprescribe by executive order or otherwise.
ARTICLE VI. LIABILITY.
Officers or employees of a party state rendering aid in another statepursuant to this compact shall be considered agents of the requesting statefor tort liability and immunity purposes. No party state or its officers oremployees rendering aid in another state pursuant to this compact shall beliable on account of any act or omission in good faith on the part of suchforces while so engaged or on account of the maintenance or use of anyequipment or supplies in connection therewith. Good faith in this articleshall not include willful misconduct, gross negligence, or recklessness.
ARTICLE VII. SUPPLEMENTARY AGREEMENTS.
Inasmuch as it is probable that the pattern and detail of the machinery formutual aid among two or more states may differ from that among the statesthat are party hereto, this compact contains elements of a broad base commonto all states, and nothing herein shall preclude any state entering intosupplementary agreements with another state or affect any other agreementsalready in force between states. Supplementary agreements may comprehend, butshall not be limited to, provisions for evacuation and reception of injuredand other persons and the exchange of medical, fire, police, public utility,reconnaissance, welfare, transportation and communications personnel, andequipment and supplies.
ARTICLE VIII. COMPENSATION.
Each party state shall provide for the payment of compensation and deathbenefits to injured members of the emergency forces of that state andrepresentatives of deceased members of such forces in case such memberssustain injuries or are killed while rendering aid pursuant to this compact,in the same manner and on the same terms as if the injury or death weresustained within their own state.
ARTICLE IX. REIMBURSEMENT.
Any party state rendering aid in another state pursuant to this compact shallbe reimbursed by the party state receiving such aid for any loss or damage toor expense incurred in the operation of any equipment and the provision ofany service in answering a request for aid and for the costs incurred inconnection with such requests; provided, that any aiding party state mayassume in whole or in part such loss, damage, expense, or other cost, or mayloan such equipment or donate such services to the receiving party statewithout charge or cost; and provided further, that any two or more partystates may enter into supplementary agreements establishing a differentallocation of costs among those states. Article VIII expenses shall not bereimbursable under this article.
ARTICLE X. EVACUATION.
Plans for the orderly evacuation and interstate reception of portions of thecivilian population as the result of any emergency or disaster of sufficientproportions to so warrant, shall be worked out and maintained between theparty states and the emergency management/services directors of the variousjurisdictions where any type of incident requiring evacuations might occur.Such plans shall be put into effect by request of the state from whichevacuees come and shall include the manner of transporting such evacuees, thenumber of evacuees to be received in different areas, the manner in whichfood, clothing, housing, and medical care will be provided, the registrationof the evacuees, the providing of facilities for the notification ofrelatives or friends, and the forwarding of such evacuees to other areas orthe bringing in of additional materials, supplies, and all other relevantfactors. Such plans shall provide that the party state receiving evacuees andthe party state from which the evacuees come shall mutually agree as toreimbursement of out-of-pocket expenses incurred in receiving and caring forsuch evacuees, for expenditures for transportation, food, clothing, medicinesand medical care, and like items. Such expenditures shall be reimbursed asagreed by the party state from which the evacuees come. After the terminationof the emergency or disaster, the party state from which the evacuees comeshall assume the responsibility for the ultimate support of repatriation ofsuch evacuees.
ARTICLE XI. IMPLEMENTATION.
A. This compact shall become effective immediately upon its enactment intolaw by any two states. Thereafter, this compact shall become effective as toany other state upon enactment by such state.
B. Any party state may withdraw from this compact by enacting a statuterepealing the same, but no such withdrawal shall take effect until thirtydays after the Governor of the withdrawing state has given notice in writingof such withdrawal to the Governors of all other party states. Such actionshall not relieve the withdrawing state from obligations assumed hereunderprior to the effective date of withdrawal.
C. Duly authenticated copies of this compact and of such supplementaryagreements as may be entered into shall, at the time of their approval, bedeposited with each of the party states and with the Federal EmergencyManagement Agency and other appropriate agencies of the United StatesGovernment.
ARTICLE XII. VALIDITY.
This compact shall be construed to effectuate the purposes stated in ArticleI. 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.
ARTICLE XIII. ADDITIONAL PROVISIONS.
Nothing in this compact shall authorize or permit the use of military forceby the National Guard of a state at any place outside that state in anyemergency for which the President is authorized by law to call into federalservice the militia, or for any purpose for which the use of the Army or theAir Force would in the absence of express statutory authorization beprohibited under § 1385 of Title 18 of the United States Code.
