256.155. Interstate earthquake emergency compact.
Interstate earthquake emergency compact.
256.155. The general assembly of the state of Missourihereby ratifies a compact on behalf of the state of Missouri withany other state legally joining therein in the form substantiallyas follows:
ARTICLE I
The purpose of this compact is to provide mutual aid amongthe states in meeting any emergency or disaster caused byearthquakes or other seismic disturbances. The full, immediate,and effective utilization of the resources of the respectivestates, including such resources as may be available from theUnited States government or any other source, is necessary toprovide needed short-term earthquake disaster assistance tostates requesting such mutual aid. These resources shall beincorporated into a plan or plans of mutual aid to be developedamong the appropriate agencies of states that are parties to thiscompact. These agencies shall develop and follow proceduresdesigned to assure the maintenance of resource inventories andthe exchange of information about earthquakes and disasterresponse. It is the policy of the party states to carry out thiscompact in a spirit of cooperation to provide the most effectiveearthquake disaster assistance to the residents of the states andto provide an equitable division of any necessary earthquakerelief efforts in order to avoid a disproportionate allocation ofcontributed resources.
ARTICLE II
Each party state shall have the duty to formulate earthquakerelief plans and programs within such state. There shall befrequent consultation between the representatives of such statesand with the United States government and the free exchange ofrelief plans and information, including inventories of anymaterials and equipment available for response to earthquakeemergencies. To this end, each state will maintain a bank ofstandardized data which will establish a comprehensive listing ofall resources within the seven-state region that might be neededduring an earthquake disaster. The inventory will be sharedequitably among the party states in the event of an earthquakerecognizing each state's primary responsibility to assist andprotect its residents. Each party state shall also share anyavailable information on earthquake forecasts and reports ofseismic activity.
ARTICLE III
Whenever the governor of a party state requests aid from thegovernor of another party state pursuant to this compact incoping with an earthquake emergency, the requested state shallmake available all possible aid to the requesting stateconsistent with the maintenance of protection for its residentsand the policies stated in article I.
ARTICLE IV
Whenever the officers or employees of any party state arerendering aid in another state pursuant to the request of anotherparty state under this compact, those officers or employeesshall, while under the direction of the authorities of the stateto which they are rendering aid, have the same powers, duties,rights, privileges, and immunities as comparable officers andemployees of the state to which they are rendering aid. Anyperson holding a license, certificate or other permit issued byany state demonstrating the meeting of qualifications forprofessional, mechanical, or other skills may render aidinvolving such skill in any party state to meet an earthquakeemergency, and the state in which aid is rendered shall give duerecognition to such license, certificate, or other permit as ifissued in the state in which aid is rendered.
ARTICLE V
No party or its officers, employees or other persons,certified by party states pursuant to agreed upon criteria andprocedures for certification, rendering aid in another statepursuant to this compact shall be liable on account of any act oromission in good faith on their part while so engaged, or onaccount of maintenance or use of any equipment or supplies inconnection therewith.
ARTICLE VI
Nothing in this agreement precludes any state from enteringinto supplementary agreements with another state or states forthe undertaking of mutual aid and exchange of information in theevent of an earthquake emergency. These supplementary agreementsmay comprehend but are not limited to provisions for evacuationand reception of injured and other persons and the exchange ofmedical, fire, police, public utility reconnaissance, welfare,transportation and communications personnel, equipment andsupplies.
ARTICLE VII
Each party state shall provide compensation and deathbenefits to its injured officers, employees or other personscertified by party states, pursuant to agreed upon criteria andprocedures for certification, and the representatives of deceasedofficers, employees and other certified persons in case officers,employees or certified persons sustain injuries or death whilerendering aid in another state pursuant to this compact, in thesame manner and on the same terms as if the injury or death weresustained within the state by or in which the officer, employeeor certified person was regularly employed.
ARTICLE VIII
Any party state rendering aid in another state pursuant tothis compact shall be reimbursed by the party state receivingsuch aid for any loss or damage to, or expense incurred in theoperation of any equipment answering a request for aid, and forthe cost of all materials, transportation, wages, salaries andmaintenance of officers, employees and equipment incurred inconnection with such request, including amounts paid underarticle VII; provided that nothing herein contained shall preventany assisting party state from assuming such loss, damage,expense or other cost or from loaning such equipment or fromdonating such services to the receiving party state withoutcharge or cost. Any two or more party states may enter intosupplementary agreements establishing a different allocation ofcosts as among those states. The United States government may insome circumstances relieve the party state receiving aid from anyliability and reimburse the party state rendering aid for someloss, damage or expense incurred within the terms of thisarticle.
ARTICLE IX
Plans for the orderly evacuation and reception of thecivilian population as the result of an earthquake emergencyshall be worked out from time to time between representatives ofthe party states. Such plans shall include the manner oftransporting such evacuees, the number of evacuees to be receivedin different areas, the manner in which food, clothing, housing,and medical care will be provided, the registration of theevacuees, the providing of facilities for the notification ofrelatives or friends and the forwarding of such evacuees to otherareas or the bringing in of additional materials, supplies, andall other relevant factors. The plans must provide that theparty state receiving evacuees shall be reimbursed generally forthe out-of-pocket expenses incurred in receiving and caring forthe evacuees, for expenditures and transportation, food,clothing, medicines and medical care and like items. Theseexpenditures shall be reimbursed by the party state of which theevacuees are residents or may be reimbursed by the United Statesgovernment under plans approved by it. The party state of whichthe evacuees are residents shall assume the responsibility forthe ultimate support or repatriation of such evacuees.
ARTICLE X
Any state of the United States shall be eligible to becomeparty to this compact. As to any eligible party state, thiscompact shall become effective when its legislature shall haveenacted it into law provided that it shall not become initiallyeffective until enacted into law by two party states.
ARTICLE XI
Any party state may withdraw from this compact by enacting astatute repealing the same, but no such withdrawal shall becomeeffective until ninety days after the governor of the withdrawingstate shall have sent formal notice in writing to the governor ofeach other party state informing said governors of the action ofthe legislature in repealing the compact and declaring anintention to withdraw. A withdrawing state shall be liable forany obligations which it may have incurred on account of itsparty status up to the effective date of withdrawal, except thatif the withdrawing state has specifically undertaken or committeditself to any performance of an obligation extending beyond theeffective date of withdrawal it shall remain liable to the extentof such obligation.
ARTICLE XII
This compact is to be construed to effectuate the purposesstated in article I. If any provision of this compact isdeclared unconstitutional or the applicability of any provisionto any person or circumstances is held invalid, theconstitutionality of the remainder of this compact and theapplicability of this compact to other persons and circumstancesis not to be affected by it.
(L. 1989 H.B. 561 § 1)*Transferred 1992; formerly 256.650