2005 Idaho Code - 46-1018A — EMERGENCY MANAGEMENT ASSISTANCE COMPACT

                                  TITLE  46
                         MILITIA AND MILITARY AFFAIRS
                                  CHAPTER 10
                       STATE DISASTER PREPAREDNESS ACT
    46-1018A.  EMERGENCY MANAGEMENT ASSISTANCE COMPACT. The legislature of the
state of Idaho hereby authorizes the governor of the state of Idaho to enter
into a compact on behalf of the state of Idaho with any other state legally
joining therein, in the form substantially as follows:

                   EMERGENCY MANAGEMENT ASSISTANCE COMPACT

                                  ARTICLE I
                           PURPOSES AND AUTHORITIES
    (1)  This compact is made and entered into by and between the
participating member states which enact this compact, hereinafter called party
states. For the purposes of this agreement, the term "states" is taken to mean
the several states, the Commonwealth of Puerto Rico, the District of Columbia,
and all United States territorial possessions.
    (2)  The purpose of this compact is to provide for mutual assistance
between the states entering into this compact in managing any emergency or
disaster that is duly declared by the governor of the affected state(s),
whether arising from natural disaster, technological hazard, man-made
disaster, civil emergency aspects of resources shortages, community disorders,
insurgency, or enemy attack.
    (3)  This compact shall also provide for mutual cooperation in
emergency-related exercises, testing, or other training activities using
equipment and personnel simulating performance of any aspect of the giving and
receiving of aid by party states or subdivisions of party states during
emergencies, such actions occurring outside actual declared emergency periods.
Mutual assistance in this compact may include the use of the states' national
guard forces, either in accordance with the national guard mutual assistance
compact or by mutual agreement between states.

                                  ARTICLE II
                            GENERAL IMPLEMENTATION
    (1)  Each party state entering into this compact recognizes many
emergencies transcend political jurisdictional boundaries and that
intergovernmental coordination is essential in managing these and other
emergencies under this compact. Each state further recognizes that there will
be emergencies which require immediate access and present procedures to apply
outside resources to make a prompt and effective response to such an
emergency. This is because few, if any, individual states have all the
resources they may need in all types of emergencies or the capability of
delivering resources to areas where emergencies exist.
    (2)  The prompt, full, and effective utilization of resources of the
participating  states, including any resources on hand or available from the
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 disaster
declared by a party state, shall be the underlying principle on which all
articles of this compact shall be understood.
    (3)  On behalf of the governor of each state participating in the compact,
the legally designated state official who is assigned responsibility for
emergency management will be responsible for formulation of the appropriate
interstate mutual aid plans and procedures necessary to implement this
compact.

                                 ARTICLE III
                         PARTY STATE RESPONSIBILITIES
    (1)  It shall be the responsibility of each party state to formulate
procedural plans and programs for interstate cooperation in the performance of
the responsibilities listed in this article. In formulating such plans, and in
carrying them out, the party states, insofar as practical, shall:
    (a)  Review individual state hazards analysis and, to the extent
    reasonably possible, determine all those potential emergencies the party
    states might jointly suffer, whether due to natural disaster,
    technological hazard, man-made disaster, emergency aspects of resource
    shortages, civil disorders, insurgency or enemy attack.
    (b)  Review party states' individual emergency plans and develop a plan
    which will determine the mechanism for the interstate management and
    provision of assistance concerning any potential emergency.
    (c)  Develop interstate procedures to fill any identified gaps and to
    resolve any identified inconsistencies or overlaps in existing or
    developed plans.
    (d)  Assist in warning communities adjacent to or crossing the state
    boundaries.
    (e)  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.
    (f)  Inventory and set procedures for the interstate loan and delivery of
    human and material resources, together with procedures for reimbursement
    or forgiveness.
    (g)  Provide, to the extent authorized by law, for temporary suspension of
    any statutes or ordinances that restrict the implementation of the above
    responsibilities.
    (2)  The authorized representative of a party state may request assistance
of another party state by contacting the authorized representative of that
state. The provisions of this compact shall only apply to requests for
assistance made by and to authorized representatives. Requests may be verbal
or in writing. If verbal, the request shall be confirmed in writing within
thirty (30) days of the verbal request. Requests shall provide the following
information:
    (a)  A description of the emergency service function for which assistance
    is needed, including, but not limited to, fire services, law enforcement,
    emergency medical, transportation, communications, public works and
    engineering, building inspection, planning and information assistance,
    mass care, resource support, health and medical services, and search and
    rescue.
    (b)  The amount and type of personnel, equipment, materials and supplies
    needed, and a reasonable estimate of the length of time they will be
    needed.
    (c)  The specific place and time for staging of the assisting party's
    response and a point of contact at that location.
    (3)  There shall be frequent consultation between state officials who have
assigned emergency management responsibilities and other appropriate
representatives of the party states with affected jurisdictions and the United
States government, with free exchange of information, plans, and resource
records relating to emergency capabilities.

                                  ARTICLE IV
                                 LIMITATIONS
    Any party state requested to render mutual aid or conduct exercises and
training for mutual aid shall take such action as is necessary to provide and
make available the resources covered by this compact in accordance with the
terms hereof; provided that it is understood that the state rendering aid may
withhold resources to the extent necessary to provide reasonable protection
for 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 of this compact, the same powers (except that of arrest unless
specifically authorized by the receiving state), duties, rights, and
privileges as are afforded forces of the states in which they are performing
emergency services. Emergency forces will continue under the command and
control of their regular leaders, but the organizational units will come under
the operational control of the emergency service authorities of the state
receiving assistance. These conditions may be activated, as needed, only
subsequent to a declaration of a state of emergency or disaster by the
governor of the party state that is to receive assistance or upon commencement
of exercises or training of mutual aid and shall continue so long as the
exercises or training for mutual aid are in progress, the state of emergency
or disaster remains 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
by any state party to the compact evidencing the meeting of qualifications for
professional, mechanical, or other skills, and when such assistance is
requested by the receiving party state, such person shall be deemed licensed,
certified, or permitted by the state requesting assistance to render aid
involving such skill to meet a declared emergency or disaster, subject to such
limitations and conditions as the governor of the requesting state may
prescribe by executive order or otherwise.

                                  ARTICLE VI
                                  LIABILITY
    Officers or employees of a party state rendering aid in another state
pursuant to this compact shall be considered agents of the requesting state
for tort liability and immunity purposes. No party state or its officers or
employees rendering aid in another state pursuant to this compact shall be
liable on account of any act or omission in good faith on the part of such
forces while so engaged or on account of the maintenance or use of any
equipment or supplies in connection therewith. Good faith in this article
shall 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
for mutual aid among two (2) or more states may differ from that among the
states that are party hereto, this compact contains elements of a broad base
common to all states, and nothing herein contained shall preclude any state
from entering into supplementary agreements with another state or affect any
other agreements already in force between states. Supplementary agreements may
comprehend, but shall not be limited to, provisions for evacuation and
reception of injured and other persons and the exchange of medical, fire,
police, public utility, reconnaissance, welfare, transportation and
communications personnel, and equipment and supplies.

                                 ARTICLE VIII
                                 COMPENSATION
    Each party state shall provide for the payment of compensation and death
benefits to injured members of the emergency forces of that state and
representatives of deceased members of such forces in case such members
sustain 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 were
sustained within their own state.

                                  ARTICLE IX
                                REIMBURSEMENT
    Any party state rendering aid in another state pursuant to this compact
shall be reimbursed by the party state receiving such aid for any loss or
damage to or expense incurred in the operation of any equipment and the
provisions of any service in answering a request for aid and for the costs
incurred in connection with such requests; provided, that any aiding party
state 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 state without charge or cost; and provided further, that any two (2) or
more party states may enter into supplementary agreements establishing a
different allocation of costs among those states. Article VIII expenses shall
not be reimbursable under this provision.

                                  ARTICLE X
                                  EVACUATION
    Plans for the orderly evacuation and interstate reception of portions of
the civilian population as the result of any emergency or disaster of
sufficient proportions to so warrant, shall be worked out and maintained
between the party states and the emergency management/services directors of
the various jurisdictions where any type of incident requiring evacuations
might occur. Such plans shall be put into effect by request of the state from
which evacuees come and shall include the manner of transporting such
evacuees, the number of evacuees to be received in different areas, the manner
in which food, clothing, housing, and medical care will be provided, the
registration of the evacuees, the providing of facilities for the notification
of relatives or friends, and the forwarding of such evacuees to other areas or
the bringing in of additional materials, supplies, and all other relevant
factors. Such plans shall provide that the party state receiving evacuees and
the party state from which the evacuees come shall mutually agree as to
reimbursement of out-of-pocket expenses incurred in receiving and caring for
such evacuees, for expenditures for transportation, food, clothing, medicines
and medical care, and like items. Such expenditures shall 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 which the evacuees come
shall assume the responsibility for the ultimate support of repatriation of
such evacuees.

                                  ARTICLE XI
                                IMPLEMENTATION
    (1)  This compact shall become operative immediately upon its enactment
into law by any two (2) states; thereafter this compact shall become effective
as to any other state upon its enactment by such state.
    (2)  Any party state may withdraw from this compact by enacting a statute
repealing the same, but no such withdrawal shall take effect until thirty (30)
days after the governor of the withdrawing state has given notice in writing
of such withdrawal to the governors of all other party states. Such action
shall not relieve the withdrawing state from obligations assumed hereunder
prior to the effective date of withdrawal.
    (3)  Duly authenticated copies of this compact and of such supplementary
agreements as may be entered into shall, at the time of their approval, be
deposited with each of the party states and with the federal emergency
management agency and other appropriate agencies of the United States
government.

                                 ARTICLE XII
                                   VALIDITY
    This compact shall be construed to effectuate the purposes stated in
Article I hereof. If any provision of this compact is declared
unconstitutional, or the applicability thereof to any person or circumstances
is held invalid, the constitutionality of the remainder of the compact and the
applicability thereof to other persons and circumstances shall not be affected
thereby.

                                 ARTICLE XIII
                            ADDITIONAL PROVISIONS
    Nothing in this compact shall authorize or permit the use of military
force by the national guard of a state at any place outside that state in any
emergency for which the President is authorized by law to call into federal
service the militia, or for any purpose for which the use of the army or the
air force would in the absence of express statutory authorization be
prohibited under section 1385 of title 18, United States Code.