§ 29:733 — Emergency Management Assistance Compact

§733. Emergency Management Assistance Compact
A. The state of Louisiana enacts into law and enters into the Emergency Management
Assistance Compact with all states, as defined herein and referred to as EMAC or Compact,
which states have enacted or shall hereafter enact the Compact in the form substantially as
follows in accordance with Public Law 104-321:
B. The Compact, previously in force in this state by virtue of execution pursuant to
this Section, is hereby confirmed and codified. The Compact is and shall hereafter be in
effect with any and all jurisdictions which have joined or which may hereafter legally join
therein in the form substantially as contained in this Section, provided that such other
jurisdiction or jurisdictions have signified their joinder with this state by enactment without
limitation as to parties or in some other manner sufficient in law to make it clear that joinder
has been effected with this state.
C. The state of Louisiana hereby agrees:
Article 1. The purpose of this Compact is to provide mutual assistance between the
states in meeting an emergency or disaster. The purpose of this Compact is to provide for
mutual assistance between the states entering into this Compact in managing any emergency
disaster that may be 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 2.A. It shall be the duty of each party state to formulate plans and programs
for application within such state. There shall be frequent consultation between the
representatives of the states and with the United States government and the free exchange
of information and plans, including inventories of any materials and equipment available.
In carrying out such plans and programs the party states shall, so far as possible, provide and
follow uniform standards, practices, and rules and regulations. 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.
In Louisiana, the director of the Governor's Office of Homeland Security and Emergency
Preparedness, hereinafter referred to as "director", bears that legal responsibility in
accordance with R.S. 29:725.
B. The director may designate an EMAC coordinator or EMAC-authorized
representative to administer this Compact. The Governor's Office of Homeland Security and
Emergency Preparedness may promulgate and adopt regulations with respect to the
administration and use of this Compact.
Article 3.A. Any party state requested to render 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 extend to the civil defense forces of any other 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, privileges, and immunities as if they were performing their duties in the state in which
they are normally employed or rendering services. Additionally, 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 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, fuel, search and rescue, 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.
(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 director may request assistance of another party state by contacting the
authorized representative of that state. The provisions of this Compact shall apply only to
requests for assistance made by the director and to authorized representatives of another
state. Requests may be oral or in writing. If oral, the request shall be confirmed in writing
within thirty days of 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.
(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 government of the United States of America, with
free exchange of information, plans, and resource records relating to emergency capabilities.
Article 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 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 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.
Article 6. Officers or employees of a party state, to include political subdivisions,
local governments, private entities contracted with the state or local government, and
registered and credentialed volunteer organizations of that 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, including local
political subdivisions, local governments, and registered and credentialed volunteer
organizations 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 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 appropriate among other states
party hereto, this instrument 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. Such 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, equipment, and supplies.
Article 8. Each party state shall provide for the payment of compensation and death
benefits to injured members of the response 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 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 request;
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 as
among those states.
Article 10. Plans for the orderly evacuation and interstate reception of portions of the
civilian population as the result of an 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 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 11.A. This Compact shall become effective immediately upon signature of
the governor or lapse of time for gubernatorial action. Thereafter, this Compact shall become
effective as to any other state upon 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 government of the United States of America.
Article 12. This Compact shall be construed to effectuate the purposes stated in
Article 1. 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 13. 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 of the United States of America is authorized by law to call into federal
service the militia, or for any purpose for which the use of the United States Army or the
United States Air Force would, in the absence of express statutory authorization, be
prohibited under Section 1385 of Title 18 of the United States Code. This Compact shall be
construed as understanding that Article 13 does not affect the authority of the president of
the United States of America over the national guard provided by Article I of the United
States Constitution and Title 10 of the United States Code.

Legislative History

Acts 1993, No. 800, §1, eff. June 22, 1993; Acts 1999, No. 598, §1; Acts 2017, No. 246, §1, eff. June 14, 2017; Acts 2018, No. 548, §2.