The general assembly hereby
approves and ratifies and the governor shall enter into a compact on behalf of the
state of Colorado with any of the United States or other jurisdictions legally joining
therein in the form substantially as follows:
ARTICLE I
Purpose and Authorities
This compact is made and entered into by and between the participating
member states that 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 among 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 or
among 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 that 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 shall 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. 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 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 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.
B. The authorized representative of a party state may request assistance
from 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 oral or in writing. If oral, the
request shall be confirmed in writing within thirty days after the oral 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.
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 capabilities.
ARTICLE IV
Limitations
Any party state that is asked to render mutual aid, or to 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, on the understanding that the state rendering aid may withhold resources
to the extent reasonably necessary for its own protection.
Each party state shall afford to the emergency forces of any party state,
while operating within its borders under the terms and conditions of this compact,
the same powers, duties, rights, and privileges as are afforded forces of the state in
which they are performing emergency services, except the power of arrest unless
specifically authorized by the receiving state. Emergency forces shall continue
under the command and control of their regular leaders, but the organizational
units shall come under the operational control of the emergency services
authorities of the state receiving assistance. These conditions may be activated, as
needed, only after a declaration of a state of emergency or disaster by the
Governor of the party state that is to receive assistance or after the
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 state party to the compact that evidences 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 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 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 provision of any
service in answering a request for aid and for the costs incurred in connection with
such requests; except 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 except that
any two or more party states may enter into supplementary agreements
establishing a different allocation of costs among those states. Article VIII
expenses are not reimbursable under this article.
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
provision 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. 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 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.
ARTICLE XII
Validity
This act 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 18 U.S.C. sec. 1385.