CHAPTER 5. EMERGENCY MANAGEMENT ASSISTANCE COMPACT
IC 10-14-5
Chapter 5. Emergency Management Assistance Compact
IC 10-14-5-1
Purpose and authorities
Sec. 1. 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, "states" means
the several 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 assistance
among 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, 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.
As added by P.L.2-2003, SEC.5.
IC 10-14-5-2
General implementation
Sec. 2. 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 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.
As added by P.L.2-2003, SEC.5.
IC 10-14-5-3
Party state responsibilities
Sec. 3. 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, manmade 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
implementation of the above responsibilities.
(b) The authorized representative of a party state may request
assistance to another party state by contacting the authorized
representative of that state. The provisions of this compact 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 (30) days of the
verbal request. Requests shall provide the following information:
(1) A description 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 information 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.
(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.
As added by P.L.2-2003, SEC.5.
IC 10-14-5-4
Limitations
Sec. 4. 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 of this compact. However,
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 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.
As added by P.L.2-2003, SEC.5.
IC 10-14-5-5
Licenses and permits
Sec. 5. 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 considered 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.
As added by P.L.2-2003, SEC.5.
IC 10-14-5-6
Liability
Sec. 6. ARTICLE VI_Liability.
Officers or employees of a party state rendering aid in another
state under 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 under 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.
As added by P.L.2-2003, SEC.5.
IC 10-14-5-7
Supplementary agreements
Sec. 7. ARTICLE VII_Supplementary agreements.
Inasmuch as it is probable that the pattern and detail of the
machinery for mutual aid among two (2) or more states may differ
from that among the states that are party to this compact, this
compact contains elements of a broad base common to all states, and
nothing in this compact precludes any state entering into
supplementary agreements with another state or affects 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.
As added by P.L.2-2003, SEC.5.
IC 10-14-5-8
Compensation
Sec. 8. 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
under this compact, in the same manner and on the same terms as if
the injury or death were sustained within their own state.
As added by P.L.2-2003, SEC.5.
IC 10-14-5-9
Reimbursement
Sec. 9. ARTICLE IX_Reimbursement.
Any party state rendering aid in another state under 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. However,
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 any two (2) 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 article.
As added by P.L.2-2003, SEC.5.
IC 10-14-5-10
Evacuation
Sec. 10. 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.
As added by P.L.2-2003, SEC.5.
IC 10-14-5-11
Implementation
Sec. 11. ARTICLE XI_Implementation.
(a) This compact shall become effective immediately upon its
enactment into law by any two (2) 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 under this compact before 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 states and with
the Federal Emergency Management Agency and other appropriate
agencies of the United States Government.
As added by P.L.2-2003, SEC.5.
IC 10-14-5-12
Validity
Sec. 12. 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 if the applicability of this compact to any person
or circumstances is held invalid, the constitutionality of the
remainder of this compact and the applicability of this compact to
other persons and circumstances shall not be affected.
As added by P.L.2-2003, SEC.5.
IC 10-14-5-13
Additional provisions
Sec. 13. 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 18 U.S.C. 1385.
As added by P.L.2-2003, SEC.5.
IC 10-14-5-14
Right to alter, amend, or repeal
Sec. 14. Right To Alter, Amend, or Repeal.
The right to alter, amend, or repeal this chapter is hereby
expressly reserved. The consent granted by this chapter shall:
(1) not be construed as impairing or in any manner affecting any
right or jurisdiction of the United States in and over the subject
of the compact;
(2) not be construed as consent to the National Guard Mutual
Assistance Compact;
(3) be construed as understanding that the first paragraph of
Article II of the compact provides that emergencies will require
procedures to provide immediate access to existing resources to
make a prompt and effective response;
(4) not be construed as providing authority under Article III
(a)(7) that does not otherwise exist for the suspension of
statutes or ordinances;
(5) be construed as understanding that Article III (c) does not
impose any affirmative obligation to exchange information,
plans, and resource records on the United States or any party
which has not entered into the compact; and
(6) be construed as understanding that Article XIII does not
affect the authority of the President over the National Guard
provided by Article I of the Constitution of the United States
and 10 U.S.C.
As added by P.L.2-2003, SEC.5.
IC 10-14-5-15
Construction and severability
Sec. 15. Construction and Severability.
It is intended that the provisions of this compact shall be
reasonably and liberally construed to effectuate the purposes thereof.
If any part or application of this compact, or legislation enabling the
compact, is held invalid, the remainder of the compact or its
application to other situations or persons shall not be affected.
As added by P.L.2-2003, SEC.5.
IC 10-14-5-16
Inconsistency of language
Sec. 16. Inconsistency of Language.
The validity of this compact shall not be affected by any
insubstantial difference in its form or language as adopted by the
states.
As added by P.L.2-2003, SEC.5.