44.415. Emergency mutual aid compact.

MISSOURI STATUTES AND CODES

44.415. Emergency mutual aid compact.

Emergency mutual aid compact.

44.415. 1. This shall be known and may be cited as the "EmergencyMutual Aid Compact".

2. The emergency mutual aid compact is hereby enacted into law andentered into with all other states which adopt the compact in a formsubstantially as follows:

EMERGENCY MUTUAL AID COMPACT

ARTICLE I - PURPOSE AND AUTHORITIES

This compact is made and entered into by and between the participatingmember states which enact this compact, hereinafter called party states.For the purposes of this agreement, the term "state" is taken to mean theseveral states, the Commonwealth of Puerto Rico, the District of Columbia,and all U.S. territorial possessions.

The purpose of this compact is to provide for mutual assistancebetween the states entering into this compact in managing any emergency ordisaster that is duly declared by the governor of the affected state(s),whether arising from natural disaster, technological hazard, man-madedisaster, civil emergency aspects of resources shortages, communitydisorders, insurgency, or enemy attack.

This compact shall also provide for mutual cooperation inemergency-related exercises, testing, or other training activities usingequipment and personnel simulating performance of any aspect of the givingand receiving of aid by party states or subdivisions of party states duringemergencies, such actions occurring outside actual declared emergencyperiods. Mutual assistance in this compact may include the use of thestates' National Guard forces, either in accordance with the National GuardMutual Assistance Compact or by mutual agreement between states.

ARTICLE II - GENERAL IMPLEMENTATION

Each party state entering into this compact recognizes manyemergencies transcend political jurisdictional boundaries and thatintergovernmental coordination is essential in managing these and otheremergencies under this compact. Each state further recognizes that therewill be emergencies which require immediate access and present proceduresto apply outside resources to make a prompt and effective response to suchan emergency. This is because few, if any, individual states have all theresources they may need in all types of emergencies or the capability ofdelivering resources to areas where emergencies exist.

The prompt, full, and effective utilization of resources of theparticipating states, including any resources on hand or available from theFederal Government or any other source, that are essential to the safety,care, and welfare of the people in the event of any emergency or disasterdeclared by a party state, shall be the underlying principle on which allarticles 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 foremergency management will be responsible for formulation of the appropriateinterstate mutual aid plans and procedures necessary to implement thiscompact. Such plans and any revision thereto shall not become effectiveunless submitted to and approved by the general assembly by concurrentresolution; except that if the general assembly is not in session, suchplans or revisions thereto shall take effect but shall terminate if thegeneral assembly does not approve of the plan or revision within thirtycalendar days after the general assembly has convened in regular or specialsession.

ARTICLE III - PARTY STATE RESPONSIBILITIES

A. It shall be the responsibility of each party state to formulateprocedural plans and programs for interstate cooperation in the performanceof the responsibilities listed in this article. In formulating such plans,and in carrying them out, the party states, insofar as practical, shall:

i. Review individual state hazards analyses and, to the extentreasonably possible, determine all those potential emergencies the partystates might jointly suffer, whether due to natural disaster, technologicalhazard, man-made disaster, emergency aspects of resource shortages, civildisorders, insurgency, or enemy attack.

ii. Review party states' individual emergency plans and develop aplan which will determine the mechanism for the interstate management andprovision of assistance concerning any potential emergency.

iii. Develop interstate procedures to fill any identified gaps and toresolve any identified inconsistencies or overlaps in existing or developedplans.

iv. Assist in warning communities adjacent to or crossing the stateboundaries.

v. Protect and assure uninterrupted delivery of services, medicines,water, food, energy and fuel, search and rescue, and critical lifelineequipment, services, and resources, both human and material.

vi. Inventory and set procedures for the interstate loan and deliveryof human and material resources, together with procedures for reimbursementor forgiveness.

vii. Provide, to the extent authorized by law, for temporarysuspension of any statutes or ordinances that restrict the implementationof the responsibilities of this compact*.

B. The authorized representative of a party state may requestassistance of another party state by contacting the authorizedrepresentative of that state. The provisions of this agreement shall onlyapply to requests for assistance made by and to authorized representatives.Requests may be verbal or in writing. If verbal, the request shall beconfirmed in writing within 30 days of the verbal request. Requests shallprovide the following information:

i. A description of the emergency service function for whichassistance is needed, such as but not limited to fire services, lawenforcement, emergency medical, transportation, communications, publicworks and engineering, building inspection, planning and informationassistance, mass care, resource support, health and medical services, andsearch and rescue.

ii. The amount and type of personnel, equipment, materials andsupplies needed, and a reasonable estimate of the length of time they willbe needed.

iii. The specific place and time for staging of the assisting party'sresponse and a point of contact at that location.

C. There shall be frequent consultation between state officials whohave assigned emergency management responsibilities and other appropriaterepresentatives of the party states with affected jurisdictions and UnitedStates Government, with free exchange of information, plans, and resourcerecords relating to emergency capabilities.

ARTICLE IV - LIMITATIONS

Any party state requested to render mutual aid or conduct exercisesand training for mutual aid shall take such action as is necessary toprovide and make available the resources covered by this compact inaccordance with the terms hereof; provided that it is understood that thestate rendering aid may withhold resources to the extent necessary toprovide reasonable protection for such state.

Each party state shall afford to the emergency forces of any partystate, while operating within its state limits under the terms andconditions of this compact, the same powers (except that of arrest unlessspecifically authorized by the receiving state), duties, rights, andprivileges as are afforded forces of the state in which they are performingemergency services. Emergency forces will continue under the command andcontrol of their regular leaders, but the organizational units will comeunder the operational control of the emergency services authorities of thestate receiving assistance. These conditions may be activated, as needed,only subsequent to a declaration of a state of emergency or disaster by thegovernor of the party state that is to receive assistance or commencementof exercises or training for mutual aid and shall continue so long as theexercises or training for mutual aid are in progress, the state ofemergency or disaster remains in effect or loaned resources remain in thereceiving state(s), whichever is longer.

ARTICLE V - LICENSES AND PERMITS

Whenever any person holds a license, certificate, or other permitissued by any state party to the compact evidencing the meeting ofqualifications for professional, mechanical, or other skills, and when suchassistance is requested by the receiving party state, such person shall bedeemed licensed, certified, or permitted by the state requesting assistanceto render aid involving such skill to meet a declared emergency ordisaster, subject to such limitations and conditions as the governor of therequesting state may prescribe by executive order or otherwise.

ARTICLE VI - LIABILITY

Officers or employees of a party state rendering aid in another statepursuant to this compact shall be considered agents of the requesting statefor tort liability and immunity purposes; and no party state or itsofficers or employees rendering aid in another state pursuant to thiscompact shall be liable on account of any act or omission in good faith onthe part of such forces while so engaged or on account of the maintenanceor use of any equipment or supplies in connection therewith. Good faith inthis article shall not include willful misconduct, gross negligence, orrecklessness.

ARTICLE VII - SUPPLEMENTARY AGREEMENTS

Inasmuch as it is probable that the pattern and detail of themachinery for mutual aid among two or more states may differ from thatamong the states that are party hereto, this instrument contains elementsof a broad base common to all states, and nothing herein contained shallpreclude any state from entering into supplementary agreements with anotherstate 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 andthe exchange of medical, fire, police, public utility, reconnaissance,welfare, transportation and communications personnel, equipment andsupplies.

ARTICLE VIII - COMPENSATION

Each party state shall provide for the payment of compensation anddeath benefits to injured members of the emergency forces of that state andrepresentatives of deceased members of such forces in case such memberssustain injuries or are killed while rendering aid pursuant to thiscompact, in the same manner and on the same terms as if the injury or deathwere sustained within their own state.

ARTICLE IX - REIMBURSEMENT

Any party state rendering aid in another state pursuant to thiscompact shall be reimbursed by the party state receiving such aid for anyloss or damage to or expense incurred in the operation of any equipment andthe provision of any service in answering a request for aid and for thecosts incurred in connection with such requests; provided, that any aidingparty state may assume in whole or in part such loss, damage, expense, orother cost, or may loan such equipment or donate such services to thereceiving party state without charge or cost; and provided further, thatany two or more party states may enter into supplementary agreementsestablishing a different allocation of costs among those states. ArticleVIII expenses shall not be reimbursable under this provision.

ARTICLE X - EVACUATION

Plans for the orderly evacuation and interstate reception of portionsof the civilian population as the result of any emergency or disaster ofsufficient proportions to so warrant, shall be worked out and maintainedbetween the party states and the emergency management/services directors ofthe various jurisdictions where any type of incident requiring evacuationsmight occur. Such plans shall be put into effect by request of the statefrom which evacuees come and shall include the manner of transporting suchevacuees, the number of evacuees to be received in different areas, themanner in which food, clothing, housing, and medical care will be provided,the registration of the evacuees, the providing of facilities for thenotification of relatives or friends, and the forwarding of such evacueesto other areas or the bringing in of additional materials, supplies, andall other relevant factors. Such plans shall provide that the party statereceiving evacuees and the party state from which the evacuees come shallmutually agree as to reimbursement of out-of-pocket expenses incurred inreceiving and caring for such evacuees, for expenditures fortransportation, food, clothing, medicines and medical care, and like items.Such expenditures shall be reimbursed as agreed by the party state fromwhich the evacuees come. After the termination of the emergency ordisaster, the party state from which the evacuees come shall assume theresponsibility for the ultimate support of repatriation of such evacuees.

ARTICLE XI - IMPLEMENTATION

A. This compact shall become operative immediately upon its enactmentinto law by any two (2) states; thereafter, this compact shall becomeeffective as to any other state upon its enactment by such state.

B. Any party state may withdraw from this compact by enacting astatute repealing the same, but no such withdrawal shall take effect until30 days after the governor of the withdrawing state has given notice inwriting of such withdrawal to the governors of all other party states.Such action shall not relieve the withdrawing state from obligationsassumed hereunder prior to the effective date of withdrawal.

C. Duly authenticated copies of this compact and of suchsupplementary agreements as may be entered into shall, at the time of theirapproval, be deposited with each of the party states and with the FederalEmergency Management Agency and other appropriate agencies of the UnitedStates Government.

ARTICLE XII - VALIDITY

This section shall be construed to effectuate the purposes stated inArticle I hereof. If any provision of this compact* is declaredunconstitutional, or the applicability thereof to any person orcircumstances is held invalid, the constitutionality of the remainder ofthis section and the applicability thereof to other persons andcircumstances shall not be affected thereby.

ARTICLE XIII - ADDITIONAL PROVISIONS

Nothing in this compact shall authorize or permit the use of militaryforce by the National Guard of a state at any place outside that state inany emergency for which the President is authorized by law to call intofederal service the militia, or for any purpose for which the use of theArmy or the Air Force would in the absence of express statutoryauthorization be prohibited under Section 1385 of title 18, United StatesCode.