§ 127A-177. Definitions; mutual aid.
§ 127A‑177. Definitions; mutual aid.
(a) As used in thisArticle:
(1) "Emergency"means an occurrence or condition, temporary in nature, in which police andother public safety officials and locally available National Guard forces are,or may reasonably be expected to be, unable to cope with substantial andimminent danger to the public safety.
(2) "Requestingstate" means the state whose governor requests assistance in coping withan emergency.
(3) "Respondingstate" means the state furnishing aid, or requested to furnish aid.
(b) Upon request of thegovernor of a party state for assistance in an emergency, the governor of aresponding state shall have authority under this Compact to send without theborders of his state and place under the temporary command of the appropriateNational Guard or other military authorities of the requesting state all or anypart of the National Guard forces of his state as he may deem necessary, andthe exercise of his discretion in this regard shall be conclusive.
(c) The governor of aparty state may withhold the National Guard forces of his state from such useand recall any forces or part or member thereof previously deployed in arequesting state.
(d) Whenever NationalGuard forces of any party state are engaged in another state in carrying outthe purposes of this Compact, the members thereof so engaged shall have thesame powers, duties, rights, privileges and immunities as members of NationalGuard forces in such other state. The requesting state shall save members of theNational Guard forces of responding states harmless from civil liability foracts or omissions in good faith which occur in the performance of their dutywhile engaged in carrying out the purposes of this Compact, whether theresponding forces are serving the requesting state within its borders or are intransit to or from such service.
(e) Subject to theprovisions of subsections (f), (g) and (h) of this section, all liability thatmay arise under the laws of the requesting state, the responding state, or athird state on account of or in connection with a request for aid, shall beassumed and borne by the requesting state.
(f) Any respondingstate rendering aid pursuant to this Compact shall be reimbursed by therequesting state for any loss or damage to, or expense incurred in theoperation of any equipment answering a request for aid, and for the cost of thematerials, transportation and maintenance of National Guard personnel andequipment incurred in connection with such request: Provided, that nothingherein contained shall prevent any responding state from assuming such loss,damage, expense or other cost.
(g) Each party stateshall provide, in the same amounts and manner as if they were on duty withintheir state, for the pay and allowances of the personnel of its National Guardunits while engaged without the state pursuant to this Compact and while goingto and returning from such duty pursuant to this Compact. Such pay andallowances shall be deemed items of expense reimbursable under subsection (f)by the requesting state.
(h) Each party stateproviding for the payment of compensation and death benefits to injured membersand the representatives of deceased members of its National Guard forces incase such members sustain injuries or are killed within their own state, shallprovide for the payment of compensation and death benefits in the same mannerand on the same terms in case such members sustain injury or are killed whilerendering aid pursuant to this Compact. Such compensation and death benefitsshall be deemed items of expense reimbursable pursuant to subsection (f) ofthis section. (1969,c. 674, s. 1; 1975, c. 604, s. 2; 2009‑281, s. 1.)