KRS 39A.950: Emergency Management Assistance Compact.

Emergency Management Assistance

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

compact, the term "states" is taken to mea n 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 e mergency 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 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 which require immediate access and present

procedures to apply outside resources to make a prompt and effective response to s uch 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 re sources 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.

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 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 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 implemen tation of the above

responsibilities.

B. The authorized representative of a party state may request assistance to another

party state by contracting the authorized representative of that state. The provisions

of this compact shall only apply to requests fo r 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 (30) days of the verbal request.

Requests shall provide the following information:

1. A descrip tion 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 inform ation 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 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 rend ering 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 t his 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 un der 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 subsequen t 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 V. Licenses and Permits.

Whenever any person holds a license, certificate, or other permit issued by any party

state to the compact evidencing the meeting of qualifications for professional,

mechanical, or other skills, and when such assistance is requested by the receiving state

party, 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 sha ll 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 sta tes that are party hereto, this

compact contains elements of a broad base common to all states, and nothing herein shall

preclude any state entering into supplementary agreements with another state or affect any

other agreements already in force between st ates. 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 communic ations 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; provide d,

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 part y states may

enter into supplementary agreements establishing a different allocation of costs among

those states. Article VIII expenses shall not be reimbursable under this article.

ARTICLE X. Evacuation.

Plans for the orderly evacuation and interstate re ception for 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 j urisdictions 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 receive d 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 a reas 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 effe ctive immediately upon its enactment into law by

any two states. 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 (30) 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 sta tes and with the Federal Emergency Management Agency and other

appropriate agencies of the United States Government.

ARTICLE XII. Validity.

This compact 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 se rvice 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 of the United States Code.