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Emergency management assistance compact
Executive (EXC) CHAPTER 18, ARTICLE 2-B
§ 29-g. Emergency management assistance compact. 1. The emergency
management assistance 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

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
or states, whether arising from natural disaster, technological hazard,
man-made disaster, civil emergency aspects of resource 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.

2. 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

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 provisions 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.

3. (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 section. In
formulating such plans, and in carrying them out, the party states,
insofar as practical, shall:

(1) Review individual state hazard 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 or resource
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

(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 material resources, together with procedures for reimbursement
or forgiveness.

(7) Provide, to the extent authorized by law, for temporary suspension
of any statutes or ordinances that restrict the implementation of the
above responsibilities.

(b) 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 agreement 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 days of the verbal
request. Requests shall provide the following information:

(1) A description of the emergency service function for which
assistance is needed, such as, 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 that
they will be needed.

(3) The specific place and time for staging of the assisting party's
response and a point of contact at that location.

(c) 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

4. 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 of
emergency or disaster by the governor of the party state that is to
receive assistance or 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, or states, of emergency or disaster
remains in effect or loaned resources remain in the receiving states,
whichever is longer.

5. 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.

6. 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 and no party
state or its officers or employees rendering aid in another state
pursuant to this compact shall be liable on account or 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 shall not include willful misconduct,
gross negligence or recklessness.

7. 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 parties hereto, this instrument contains
elements of a broad base common to all states, and nothing contained
herein 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.

8. 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.

9. 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
provided, however, that any two or more party states may enter into
supplementary agreements establishing a different allocation of costs
among those states. Expenses under subdivision eight of this section
shall not be reimbursable under this provision.

10. 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.

11. (a) This compact shall become operative immediately upon its
enactment into law by any two states; thereafter, this compact shall
become effective as to any other state upon its enactment by such state.

(b) Any party state may withdraw from this compact by enacting a
statute repealing the same, but no such withdrawal shall take effect
until thirty 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.

(c) 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.

12. This compact shall be construed to effectuate the purposes stated
in subdivision one of this section. 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 thereby.

13. Nothing in this compact shall authorize or permit the use of
military forces by the National Guard of a state at any place outside
the state in any emergency for which the president is authorized by law
to call into federal service the militia, or for any purposes 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.

14. The legally designated state official who is assigned
responsibility for emergency management shall not offer resources to, or
request resources from, another compact member state, without prior
discussion with and concurrence from the state agency, department,
office, division, board, bureau, commission or authority that may be
asked to provide resources or that may utilize resources from another
compact member state.

15. The director of the state emergency management office shall, on or
before the first day of January, two thousand two, provide to the
legislature and the governor copies of all mutual aid plans and
procedures promulgated, developed or entered into after the effective
date of this section. The director of the state emergency management
office shall annually hereafter provide the legislature and governor
with copies of all new or amended mutual aid plans and procedures on or
before the first day of January of each year.