§ 10-14-3-16 — Director of local organizations; mutual aid arrangements

(a) The director of a local organization for
emergency management may develop or cause to be developed mutual
aid arrangements with other public and private agencies within Indiana
for reciprocal emergency management aid and assistance in case of
disaster too great to be dealt with unassisted. An arrangement must be
consistent with the state emergency management program and state
emergency operations plan. During an emergency, a local organization
for emergency management and the agency shall render assistance in
accordance with the provisions of the mutual aid arrangement.
(b) The director of a local organization for emergency management
and disaster:
(1) may assist in the negotiation of reciprocal mutual aid
agreements between the governor and the adjoining state or the
state's political subdivisions; and
(2) shall carry out arrangements or any agreement relating to the
local and political subdivision.
(c) This subsection applies when the governor finds that two (2) or
more adjoining counties would be better served by an
interjurisdictional arrangement than by maintaining separate disaster
agencies and services. The governor may, with the concurrence of the
affected counties, delineate by executive order or regulation an
interjurisdictional area adequate to plan for, prevent, or respond to
disaster in that area, and direct steps to be taken as necessary, including
the creation of an interjurisdictional relationship, a joint emergency
operations plan, mutual aid, or an area organization for emergency
management planning and services. A finding of the governor under
this subsection must be based on one (1) or more factors related to the
difficulty of maintaining an efficient and effective disaster prevention,
preparedness, response, and recovery system on a unijurisdictional
basis, including the following factors:
(1) Small or sparse population.
(2) Limitations on public financial resources severe enough to
make maintenance of a separate disaster agency and services
unreasonably burdensome.
(3) Unusual vulnerability to disaster as evidenced by a history of
disaster, topographical features, drainage characteristics, disaster
potential, and presence of disaster prone facilities or operations.
(4) The interrelated character of the counties in a multicounty
area.
(5) Other relevant conditions or circumstances.
(d) If the governor finds that:
(1) a vulnerable area lies partly in Indiana and includes territory
in another state or states; and
(2) it would be desirable to establish an interstate relationship,
mutual aid, or an area organization for disaster;
the governor shall take steps to establish an interstate relationship. If
action under this subsection is taken with jurisdictions that have
enacted the emergency management assistance compact, any resulting
agreement or agreements may be considered supplemental agreements
under article 7 of the compact.
(e) If the other jurisdiction or jurisdictions with which the governor
proposes to cooperate under subsection (d) have not enacted the
emergency management assistance compact, the governor may
negotiate special agreements with the jurisdiction or jurisdictions. An
agreement, if sufficient authority for making the agreement does not
otherwise exist, becomes effective only:
(1) after the agreement's text has been communicated to the
general assembly; and
(2) if a house of the general assembly does not disapprove of the
agreement by the later of:
(A) the date of adjournment of the next ensuing session that is
competent to consider the agreement; or
(B) not more than thirty (30) days after the date of the
submission of the agreement.
[Pre-2003 Recodification Citation: 10-4-1-9.]

Legislative History

As added by P.L.2-2003, SEC.5. Amended by P.L.115-2003, SEC.11.