{"data":{"id":"us-ky/krs-39a.950","jurisdiction":"us-ky","citation":"KRS 39A.950","heading":"Emergency Management Assistance Compact.","body":"Emergency Management Assistance\nCompact\nARTICLE I. Purpose and Authorities.\nThis compact is made and entered into by and between the participating member\nstates which enact this compact, hereinafter called party states. For the purposes of this\ncompact, the term \"states\" is taken to mea n the several states, the Commonwealth of\nPuerto Rico, the District of Columbia, and all United States territorial possessions.\nThe purpose of this compact is to provide for mutual assistance between the states\nentering into this compact in managing any e mergency disaster that is duly declared by\nthe Governor of the affected state, whether arising from natural disaster, technological\nhazard, man -made disaster, civil emergency aspects of resources shortages, community\ndisorders, insurgency, or enemy attack.\nThis compact shall also provide for mutual cooperation in emergency -related\nexercises, testing, or other training activities using equipment and personnel simulating\nperformance of any aspect of the giving and receiving of aid by party states or\nsubdivisions of party states during emergencies, such actions occurring outside actual\ndeclared emergency periods. Mutual assistance in this compact may include the use of the\nstates' National Guard forces, either in accordance with the National Guard Mutual\nAssistance Compact or by mutual agreement between states.\nARTICLE II. General Implementation.\nEach party state entering into this compact recognizes that many emergencies\ntranscend political jurisdictional boundaries and that intergovernmental coordination is\nessential in managing these and other emergencies under this compact. Each state further\nrecognizes that there will be emergencies which require immediate access and present\nprocedures to apply outside resources to make a prompt and effective response to s uch an\nemergency. This is because few, if any, individual states have all the resources they may\nneed in all types of emergencies or the capability of delivering resources to areas where\nemergencies exist.\nThe prompt, full, and effective utilization of re sources of the participating states,\nincluding any resources on hand or available from the federal government or any other\nsource, that are essential to the safety, care, and welfare of the people in the event of any\nemergency or disaster declared by a party state, shall be the underlying principle on which\nall articles of this compact shall be understood.\nOn behalf of the Governor of each state participating in the compact, the legally\ndesignated state official who is assigned responsibility for emergency  management will\nbe responsible for formulation of the appropriate interstate mutual aid plans and\nprocedures necessary to implement this compact.\nARTICLE III. Party State Responsibilities.\nA. It shall be the responsibility of each party state to formulate procedural plans and\nprograms for interstate cooperation in the performance of the responsibilities listed\nin this article. In formulating such plans, and in carrying them out, the party states,\ninsofar as practical, shall:\n1. Review individual state hazards analyses and, to the extent reasonably\npossible, determine all those potential emergencies the party states might\njointly suffer, whether due to natural disaster, technological hazard, man-made\ndisaster, emergency aspects of resources shortages, civil disorders, insurgency,\nor enemy attack;\n2. Review party states' individual emergency plans and develop a plan which\nwill determine the mechanism for the interstate management and provision of\nassistance concerning any potential emergency;\n3. Develop interstate procedures to fill any identified gaps and to resolve any\nidentified inconsistencies or overlaps in existing or developed plans;\n4. Assist in warning communities adjacent to or crossing the state boundaries;\n5. Protect and assure uninterrupted delivery of services, medicines, water, food,\nenergy and fuel, search and rescue, and critical lifeline equipment, services,\nand resources, both human and material;\n6. Inventory and set procedures for the interstate loan and delivery of human and\nmaterial resources, together with procedures for reimbursement or\nforgiveness; and\n7. Provide, to the extent authorized by law, for temporary suspension of any\nstatutes or ordinances that restrict the implemen tation of the above\nresponsibilities.\nB. The authorized representative of a party state may request assistance to another\nparty state by contracting the authorized representative of that state. The provisions\nof this compact shall only apply to requests fo r assistance made by and to\nauthorized representatives. Requests may be verbal or in writing. If verbal, the\nrequest shall be confirmed in writing within thirty (30) days of the verbal request.\nRequests shall provide the following information:\n1. A descrip tion of the emergency service function for which assistance is\nneeded, including, but not limited to, fire services, law enforcement,\nemergency medical, transportation, communications, public works and\nengineering, building, inspection, planning and inform ation assistance, mass\ncare, resource support, health and medical services, and search and rescue;\n2. The amount and type of personnel, equipment, materials and supplies needed,\nand a reasonable estimate of the length of time they will be needed and;\n3. The specific place and time for staging of the assisting party's response and a\npoint of contact at that location.\nC. There shall be frequent consultation between state officials who have assigned\nemergency management responsibilities and other appropriate representatives of the\nparty states with affected jurisdictions and the United States Government, with free\nexchange of information, plans, and resource records relating to emergency\ncapabilities.\nARTICLE IV. Limitations.\nAny party state requested to render mutual aid or conduct exercises and training for\nmutual aid shall take such action as is necessary to provide and make available the\nresources covered by this compact in accordance with the terms hereof; provided that it is\nunderstood that the state rend ering aid may withhold resources to the extent necessary to\nprovide reasonable protection for such state.\nEach party state shall afford to the emergency forces of any party state, while\noperating within its state limits under the terms and conditions of t his compact, the same\npowers, except that of arrest unless specifically authorized by the receiving state, duties,\nrights, and privileges as are afforded forces of the state in which they are performing\nemergency services. Emergency forces will continue un der the command and control of\ntheir regular leaders, but the organizational units will come under the operational control\nof the emergency services authorities of the state receiving assistance. These conditions\nmay be activated, as needed, only subsequen t to a declaration of a state emergency or\ndisaster by the Governor of the party state that is to receive assistance or upon\ncommencement of exercises or training for mutual aid and shall continue so long as the\nexercises or training for mutual aid are in progress, the state of emergency or disaster\nremains in effect, or loaned resources remain in the receiving state, whichever is longer.\nARTICLE V. Licenses and Permits.\nWhenever any person holds a license, certificate, or other permit issued by any party\nstate to the compact evidencing the meeting of qualifications for professional,\nmechanical, or other skills, and when such assistance is requested by the receiving state\nparty, such person shall be deemed licensed, certified, or permitted by the state requesting\nassistance to render aid involving such skill to meet a declared emergency or disaster,\nsubject to such limitations and conditions as the Governor of the requesting state may\nprescribe by executive order or otherwise.\nARTICLE VI. Liability\nOfficers or employees of a party state rendering aid in another state pursuant to this\ncompact shall be considered agents of the requesting state for tort liability and immunity\npurposes. No party state or its officers or employees rendering aid in another state\npursuant to this compact shall be liable on account of any act or omission in good faith on\nthe part of such forces while so engaged or on account of the maintenance or use of any\nequipment or supplies in connection therewith. Good faith in this article sha ll not include\nwillful misconduct, gross negligence, or recklessness.\nARTICLE VII. Supplementary Agreements.\nInasmuch as it is probable that the pattern and detail of the machinery for mutual aid\namong two or more states may differ from that among the sta tes that are party hereto, this\ncompact contains elements of a broad base common to all states, and nothing herein shall\npreclude any state entering into supplementary agreements with another state or affect any\nother agreements already in force between st ates. Supplementary agreements may\ncomprehend, but shall not be limited to, provisions for evacuation and reception of\ninjured and other persons and the exchange of medical, fire, police, public utility,\nreconnaissance, welfare, transportation and communic ations personnel, and equipment\nand supplies.\nARTICLE VIII. Compensation.\nEach party state shall provide for the payment of compensation and death benefits\nto injured members of the emergency forces of that state and representatives of deceased\nmembers of such forces in case such members sustain injuries or are killed while\nrendering aid pursuant to this compact, in the same manner and on the same terms as if\nthe injury or death were sustained within their own state.\nARTICLE IX. Reimbursement.\nAny party state rendering aid in another state pursuant to this compact shall be\nreimbursed by the party state receiving such aid for any loss or damage to or expense\nincurred in the operation of any equipment and the provision of any service in answering\na request for aid and for the costs incurred in connection with such requests; provide d,\nthat any aiding party state may assume in whole or in part such loss, damage, expense, or\nother cost, or may loan such equipment or donate such services to the receiving party\nstate without charge or cost; and provided further, that any two or more part y states may\nenter into supplementary agreements establishing a different allocation of costs among\nthose states. Article VIII expenses shall not be reimbursable under this article.\nARTICLE X. Evacuation.\nPlans for the orderly evacuation and interstate re ception for portions of the civilian\npopulation as the result of any emergency or disaster of sufficient proportions to so\nwarrant, shall be worked out and maintained between the party states and the emergency\nmanagement/services directors of the various j urisdictions where any type of incident\nrequiring evacuations might occur. Such plans shall be put into effect by request of the\nstate from which evacuees come and shall include the manner of transporting such\nevacuees, the number of evacuees to be receive d in different areas, the manner in which\nfood, clothing, housing, and medical care will be provided, the registration of the\nevacuees, the providing of facilities for the notification of relatives or friends, and the\nforwarding of such evacuees to other a reas or the bringing in of additional materials,\nsupplies, and all other relevant factors. Such plans shall provide that the party state\nreceiving evacuees and the party state from which the evacuees come shall mutually agree\nas to reimbursement of out -of-pocket expenses incurred in receiving and caring for such\nevacuees, for expenditures for transportation, food, clothing, medicines, and medical care,\nand like items. Such expenditures shall be reimbursed as agreed by the party state from\nwhich the evacuees  come. After the termination of the emergency or disaster, the party\nstate from which the evacuees come shall assume the responsibility for the ultimate\nsupport of repatriation of such evacuees.\nARTICLE XI. Implementation.\nA. This compact shall become effe ctive immediately upon its enactment into law by\nany two states. Thereafter, this compact shall become effective as to any other state\nupon enactment by such state.\nB. Any party state may withdraw from this compact by enacting a statute repealing the\nsame, but no such withdrawal shall take effect until thirty (30) days after the\nGovernor of the withdrawing state has given notice in writing of such withdrawal to\nthe Governors of all other party states. Such action shall not relieve the withdrawing\nstate from obligations assumed hereunder prior to the effective date of withdrawal.\nC. Duly authenticated copies of this compact and of such supplementary agreements as\nmay be entered into shall, at the time of their approval, be deposited with each of\nthe party sta tes and with the Federal Emergency Management Agency and other\nappropriate agencies of the United States Government.\nARTICLE XII. Validity.\nThis compact shall be construed to effectuate the purposes stated in Article I. If any\nprovision of this compact is  declared unconstitutional, or the applicability thereof to any\nperson or circumstances is held invalid, the constitutionality of the remainder of this\ncompact and the applicability thereof to other persons and circumstances shall not be\naffected.\nARTICLE XIII. Additional Provisions.\nNothing in this compact shall authorize or permit the use of military force by the\nNational Guard of a state at any place outside that state in any emergency for which the\nPresident is authorized by law to call into federal se rvice the militia, or for any purpose\nfor which the use of the Army or the Air Force would in the absence of express statutory\nauthorization be prohibited under Section 1385 of Title 18 of the United States Code.","path":["KRS Chapter 39A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=21737","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:48:58Z","sha256":"c365045c6ec2cd36dee3c106652c8200e3a72f537b33f0824a6f02ef9489d798","source_id":"us-ky","stale":false,"prev":"us-ky/krs-39a.366","next":"us-ky/krs-39a.990"},"notice":"GroundRules: Original legal text. Not legal advice."}