2005 Nevada Revised Statutes - Chapter 415 — Emergency Management Assistance Compact

CHAPTER 415 - EMERGENCY MANAGEMENTASSISTANCE COMPACT

NRS 415.010 Textof Compact.

_________

NRS 415.010 Textof Compact. The Legislature of this Statehereby ratifies a Compact on behalf of the State of Nevada with any other Statelegally joining therein in the form substantially as follows:

Implementation

This section authorizes the Governor to implementPublic Law 104-321, Emergency Management Assistance Compact (EMAC), Articles 1through 13, dated October 19, 1996.

Emergency ManagementAssistance Compact

ARTICLE IPURPOSES ANDAUTHORITIES

This Compact is made and entered into by and betweenthe participating member States which enact this Compact, hereinafter calledparty States. For the purposes of this agreement, the term States is taken tomean the several States, the Commonwealth of Puerto Rico, the District ofColumbia, and all U.S. territorial possessions.

The purpose of this Compact is to provide for mutualassistance between the States entering into this Compact in managing anyemergency or disaster that is duly declared by the Governor of the affectedState(s), whether arising from natural disaster, technological hazard, man-madedisaster, civil emergency aspects of resources shortages, community disorders,insurgency, or enemy attack.

This Compact shall also provide for mutual cooperationin emergency-related exercises, testing, or other training activities usingequipment and personnel simulating performance of any aspect of the giving andreceiving of aid by party States or subdivisions of party States duringemergencies, such actions occurring outside actual declared emergency periods.Mutual assistance in this Compact may include the use of the States NationalGuard forces, either in accordance with the National Guard Mutual AssistanceCompact or by mutual agreement between States.

ARTICLE IIGENERALIMPLEMENTATION

Each party State entering into this Compact recognizesmany emergencies transcend political jurisdictional boundaries and thatintergovernmental coordination is essential in managing these and otheremergencies under this Compact. Each State further recognizes that there willbe emergencies which require immediate access and present procedures to apply outsideresources to make a prompt and effective response to such an emergency. This isbecause few, if any, individual states have all the resources they may need inall types of emergencies or the capability of delivering resources to areaswhere emergencies exist.

The prompt, full and effective utilization of resourcesof the participating States, including any resources on hand or available fromthe Federal Government or any other source, that are essential to the safety,care, and welfare of the people in the event of any emergency or disasterdeclared by a party State, shall be the underlying principle on which allarticles of this Compact shall be understood.

On behalf of the Governor of each State participatingin the Compact, the legally designated state official who is assignedresponsibility for emergency management will be responsible for formulation ofthe appropriate interstate mutual aid plans and procedures necessary toimplement this Compact.

ARTICLEIIIPARTY STATE RESPONSIBILITIES

1. It shall be the responsibility of each party Stateto formulate procedural plans and programs for interstate cooperation in theperformance of the responsibilities listed in this Article. In formulating suchplans, and in carrying them out, the party States, insofar as practical, shall:

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

(b) Review party States individual emergency plans anddevelop a plan which will determine the mechanism for the interstate managementand provision of assistance concerning any potential emergency.

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

(d) Assist in warning communities adjacent to or crossingthe state boundaries.

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

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

(g) Provide, to the extent authorized by law, fortemporary suspension of any statutes.

2. The authorized representative of a party State mayrequest assistance of another party State by contacting the authorizedrepresentative of that State. The provisions of this agreement shall only applyto requests for assistance made by and to authorized representatives. Requestsmay be verbal or in writing. If verbal, the request shall be confirmed inwriting within 30 days of the verbal request. Requests shall provide thefollowing information:

(a) A description of the emergency service function forwhich assistance is needed, such as, but not limited to, fire services, lawenforcement, emergency medical, transportation, communications, public worksand engineering, building inspection, planning and information assistance, masscare, resource support, health and medical services, and search and rescue.

(b) The amount and type of personnel, equipment,materials and supplies needed, and a reasonable estimate of the length of timethey will be needed.

(c) The specific place and time for staging of theassisting partys response and a point of contact at that location.

3. There shall be frequent consultation between stateofficials who have assigned emergency management responsibilities and otherappropriate representatives of the party States with affected jurisdictions andthe United States Government, with free exchange of information, plans andresource records relating to emergency capabilities.

ARTICLE IVLIMITATIONS

Any party State requested to render mutual aid orconduct exercises and training for mutual aid shall take such action as isnecessary to provide and make available the resources covered by this Compactin accordance with the terms hereof; provided that it is understood that the Staterendering aid may withhold resources to the extent necessary to providereasonable protection for such State. Each party State shall afford to theemergency forces of any party State, while operating within its state limitsunder the terms and conditions of this Compact, the same powers (except that ofarrest unless specifically authorized by the receiving State), duties, rightsand privileges as are afforded forces of the State in which they are performingemergency services. Emergency forces will continue under the command andcontrol of their regular leaders, but the organizational units will come underthe operational control of the emergency services authorities of the Statereceiving assistance. These conditions may be activated, as needed, only subsequentto a declaration of a state of emergency or disaster by the Governor of theparty State that is to receive assistance or commencement of exercise ortraining for mutual aid and shall continue so long as the exercise or trainingfor mutual aid are in progress, the state of emergency or disaster remains ineffect or loaned resources remain in the receiving State(s), whichever islonger.

ARTICLE VLICENSES ANDPERMITS

Whenever any person holds a license, certificate, orother permit issued by any State party to the Compact evidencing the meeting ofqualifications for professional, mechanical, or other skills, and when suchassistance is requested by the receiving party State, such person shall bedeemed licensed, certified or permitted by the State requesting assistance torender aid involving such skill to meet a declared emergency or disaster,subject to such limitations and conditions as the Governor of the requestingState may be prescribed by executive order or otherwise.

ARTICLE VILIABILITY

Officers or employees of a party State rendering aid inanother State pursuant to this Compact shall be considered agents of therequesting State for tort liability and immunity purposes; and no party Stateor its officers or employees rendering aid in another State pursuant to thisCompact shall be liable on account of any act or omission in good faith on thepart of such forces while so engaged or on account of the maintenance or use ofany equipment or supplies in connection therewith. Good faith in this Articleshall not include willful misconduct, gross negligence or recklessness.

ARTICLEVIISUPPLEMENTARY AGREEMENTS

Inasmuch as it is probable that the pattern and detailof the machinery for mutual aid among two or more States may differ from that amongthe States that are party hereto, this instrument contains elements of a broadbase common to all States, and nothing herein contained shall preclude anyState from entering into supplementary agreements with another State or affectany other agreements already in force between States. Supplementary agreementsmay comprehend, but shall not be limited to, provisions for evacuation andreception of injured and other persons and the exchange of medical, fire,police, public utility, reconnaissance, welfare, transportation andcommunications personnel, and equipment and supplies.

ARTICLEVIIICOMPENSATION

Each party State shall provide for the payment ofcompensation and death benefits to injured members of the emergency forces ofthat State and representatives of deceased members of such forces in case suchmembers sustain injuries or are killed while rendering aid pursuant to thisCompact, in the same manner and on the same terms as if the injury or deathwere sustained within their own State.

ARTICLE IXREIMBURSEMENT

Any party State rendering aid in another State pursuantto this Compact shall be reimbursed by the party State receiving such aid forany loss or damage to or expense incurred in the operation of any equipment andthe provision of any service in answering a request for aid and for the costsincurred in connection with such requests; provided, that any aiding partyState may assume in whole or in part such loss, damage, expense or other cost,or may loan such equipment or donate such services to the receiving party Statewithout charge or cost; and provided further, that any two or more party Statesmay enter into supplementary agreements establishing a different allocation ofcosts among those States. Article VIII expenses shall not be reimbursable underthis provision.

ARTICLE XEVACUATION

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

ARTICLEXIIMPLEMENTATION

1. This Compact shall become operative immediatelyupon its enactment into law by any two (2) States; thereafter, this Compactshall become effective as to any other State upon its enactment by such State.

2. Any party State may withdraw from this Compact byenacting a statute repealing the same, but no such withdrawal shall take effectuntil 30 days after the Governor of the withdrawing State has given notice inwriting of such withdrawal to the Governors of all other party States. Suchaction shall not relieve the withdrawing State from obligations assumedhereunder prior to the effective date of withdrawal.

3. Duly authenticated copies of this Compact and ofsuch supplementary agreements as may be entered into shall, at the time oftheir approval, be deposited with each of the party States and with the FederalEmergency Management Agency and other appropriate agencies of the United StatesGovernment.

ARTICLE XIIVALIDITY

This Act shall be construed to effectuate the purposesstated in Article I hereof. If any provision of this Compact is declaredunconstitutional, or the applicability thereof to any person or circumstancesis held invalid, the constitutionality of the remainder of the Act and theapplicability thereof to other persons and circumstances shall not be affectedthereby.

ARTICLEXIIIADDITIONAL PROVISIONS

Nothing in this Compact shall authorize or permit theuse of military force by the National Guard of a State at any place outsidethat State in any emergency for which the President is authorized by law tocall into federal service the militia, or for any purpose for which the use ofthe Army or the Air Force would, in the absence of express statutoryauthorization, be prohibited under section 1385 of Title 18, United StatesCode.

(Added to NRS by 1975, 145; A 2005, 1559)