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39A.950 Emergency Management Assistance Compact.
Emergency Management Assistance
Compact
ARTICLE I. Purpose and Authorities.
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 compact, 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.
The purpose of this compact is to provide for mutual assistance between the states
entering into this compact in managing any emergency disaster that is duly declared
by the Governor of the affected state, whether arising from natural disaster,
technological hazard, man-made disaster, civil emergency aspects of resources
shortages, community disorders, insurgency, or enemy attack.
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.
Each party state entering into this compact recognizes that 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.
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.
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.
A. 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:
1.
B.
C.
Review individual state hazards analyses 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 resources shortages, civil
disorders, insurgency, or enemy attack;
2.
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;
3.
Develop interstate procedures to fill any identified gaps and to resolve
any 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
human and material resources, together with procedures for
reimbursement or forgiveness; and
7.
Provide, to the extent authorized by law, for temporary suspension of any
statutes or ordinances that restrict the implementation of the above
responsibilities.
The authorized representative of a party state may request assistance to
another party state by contracting 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:
1.
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;
2.
The amount and type of personnel, equipment, materials and supplies
needed, 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 response
and a point of contact at that location.
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 state 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 services authorities of the state
receiving assistance. These conditions may be activated, as needed, only
subsequent to a declaration of a state emergency or disaster by the Governor of the
party state that is to receive assistance or upon commencement of exercises or
training for 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
party state to the compact evidencing the meeting of qualifications for professional,
mechanical, or other skills, and when such assistance is requested by the receiving
state party, 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 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 shall preclude any state 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 provision 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 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 article.
ARTICLE X. Evacuation.
Plans for the orderly evacuation and interstate reception for 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.
A.
B.
C.
This compact shall become effective immediately upon its enactment into law
by any two states. Thereafter, this compact shall become effective as to any
other state upon enactment by such state.
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.
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. 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
this compact and the applicability thereof 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 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 of the
United States Code.
Effective:July 15, 1998
History: Created 1998 Ky. Acts ch. 117, sec. 1, effective July 15, 1998.
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