Repealed by S.L. 1997, ch. 315, § 5.
37-17.1-14.5. Text of the mutual aid agreement or compact.
The interstate mutual aid agreement or compact referred to in sections 37-17.1-14.2 and
37-17.1-14.3 reads as follows:
INTERSTATE MUTUAL AID AGREEMENT OR 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 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 possessions.
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 decl
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Repealed by S.L. 1997, ch. 315, § 5.
37-17.1-14.5. Text of the mutual aid agreement or compact.
The interstate mutual aid agreement or compact referred to in sections 37-17.1-14.2 and
37-17.1-14.3 reads as follows:
INTERSTATE MUTUAL AID AGREEMENT OR 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 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 possessions.
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, whether arising from natural disaster, technological hazard, manmade
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 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
1. 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:
a. 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, manmade disaster,
emergency aspects of resource shortages, civil disorders, insurgency, or enemy
attack.
b. 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.
c. Develop interstate procedures to fill any identified gaps and to resolve any
identified inconsistencies or overlaps in existing or developed plans.
d. Assist in warning communities adjacent to or crossing the state boundaries.
e. 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.
f. Inventory and set procedures for the interstate loan and delivery of human and
material resources, together with procedures for reimbursement or forgiveness.
g. Provide, to the extent authorized by law, for temporary suspension of any statutes
or ordinances that restrict the implementation of the above responsibilities.
2. 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:
a. 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.
b. The amount and type of personnel, equipment, materials and supplies needed,
and a reasonable estimate of the length of time they will be needed.
c. The specific place and time for staging of the assisting party's response and a
point of contact at that location.
3. 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 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
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 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 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; and 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 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 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 expenses 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 provision.
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 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
1. 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.
2. 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.
3. 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 hereof. 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 Act and the
applicability thereof to other persons and circumstances shall not be affected thereby.
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, United States Code.