44.090. Mutual-aid agreements--participation in statewide mutual aid system--reimbursement for services provided, benefits. - Missouri Statutes

Mutual-aid agreements--participation in statewide mutual aidsystem--reimbursement for services provided, benefits.

44.090. 1. The executive officer of any political subdivision orpublic safety agency may enter into mutual-aid arrangements or agreementswith other public and private agencies within and without the state forreciprocal emergency aid. Such arrangements or agreements shall beconsistent with the state disaster plan and program and the provisions ofsection 70.837, RSMo, and section 320.090, RSMo. In time of emergency itshall be the duty of each local organization for emergency management torender assistance in accordance with the provisions of such mutual-aidarrangements or agreements.

2. Any contracts that are agreed upon may provide for compensationfrom the parties and other terms that are agreeable to the parties and maybe for an indefinite period as long as they include a sixty-daycancellation notice provision by either party. The contracts agreed uponmay not be entered into for the purpose of reduction of staffing by eitherparty.

3. At the time of significant emergency such as fire, earthquake,flood, tornado, hazardous material incident, terrorist incident, or othersuch man-made or natural emergency disaster or public safety need anywherewithin the state or bordering states, the highest ranking official of anypolitical subdivision or public safety agency or their designee may renderaid to or request aid from any jurisdiction, agency, or organization evenwithout written agreement, as long as he or she is in accordance with thepolicies and procedures set forth by the governing boards of thosejurisdictions, agencies, or organizations. A public safety need, as usedin this section, shall include any event or incident necessitatingmutual-aid assistance from another public safety agency.

4. When responding to mutual aid or emergency aid requests, politicalsubdivisions or public safety agencies shall be subject to all provisionsof law as if it were providing service within its own jurisdiction.

5. All political subdivisions and public safety agencies within thestate are, upon enactment of this legislation or execution of an agreement,automatically a part of the Missouri statewide mutual aid system. Apolitical subdivision within the state may elect not to participate in thestatewide mutual aid system upon enacting an appropriate resolution by itsgoverning body declaring that it elects not to participate in the statewidemutual aid system and by providing a copy of the resolution to the directorof the department of public safety or his or her designee.

6. The Missouri mutual aid system shall be administered by thedepartment of public safety, which may authorize any organization to assistin the administration of the mutual aid system. The department of publicsafety may promulgate rules for this section. Any rule or portion of arule, as that term is defined in section 536.010, RSMo, that is createdunder the authority delegated in this section shall become effective onlyif it complies with and is subject to all of the provisions of chapter 536,RSMo, and, if applicable, section 536.028, RSMo. This section and chapter536, RSMo, are nonseverable and if any of the powers vested with thegeneral assembly under chapter 536, RSMo, to review, to delay the effectivedate, or to disapprove and annul a rule are subsequently heldunconstitutional, then the grant of rulemaking authority and any ruleproposed or adopted after August 28, 2009, shall be invalid and void.

7. For the purpose of this section, public safety agencies shallinclude, but shall not be limited to, fire service organizations, lawenforcement agencies, emergency medical service organizations, publichealth and medical personnel, emergency management officials,infrastructure departments, public works agencies, and those otheragencies, organizations, departments, and specialized emergency responseteams that have personnel with special skills or training that are neededto provide services during an emergency, public safety need, or disaster,declared or undeclared.

8. It shall be the responsibility of each political subdivision andpublic safety agency to adopt and put into practice the National IncidentManagement System promulgated by the United States Department of HomelandSecurity.

9. In the event of a disaster or other public safety need that isbeyond the capability of local political subdivisions, the local governingauthority or public safety agency having jurisdiction may requestassistance under this section.

10. Any entity or individual that holds a license, certificate, orother permit issued by a participating political subdivision, public safetyagency, or state shall be deemed licensed, certified, or permitted in therequesting political subdivision or public safety agency's jurisdiction forthe duration of the emergency or authorized drill.

11. Reimbursement for services rendered under this section shall bein accordance with any local, state and federal guidelines. Any politicalsubdivision or public safety agency providing assistance shall receiveappropriate reimbursement according to those guidelines.

12. Applicable benefits normally available to personnel whileperforming duties for their jurisdiction are also available to such personswhen an injury or death occurs when rendering assistance to anotherpolitical subdivision or public safety agency under this section.Responders shall be eligible for the same state and federal benefits thatmay be available to them for line-of-duty deaths or injuries, if suchservices are otherwise provided for within their jurisdiction.

13. For the purposes of liability, all members of any politicalsubdivision or public safety agency responding under operational control ofthe requesting political subdivision or a public safety agency are deemedemployees of such responding political subdivision or public safety agencyand are subject to the liability and workers' compensation provisionsprovided to them as employees of their respective political subdivision orpublic safety agency.

(L. 1951 p. 536 § 26.220, Reenacted L. 1953 p. 553, Reenacted L. 1955 p. 607, A.L. 1967 p. 122, A.L. 1998 S.B. 743, A.L. 2003 H.B. 307, A.L. 2005 H.B. 58 merged with S.B. 210, A.L. 2009 H.B. 103)