§ 2-13-1 - Ratification of compact – Text.
SECTION 2-13-1
§ 2-13-1 Ratification of compact –Text. – The governor having entered on behalf of this state into a compact,substantially in the following form, with one or more of the states ofConnecticut, Maine, Massachusetts, New Hampshire, New York, and Vermont andwith such other states of the United States or provinces of the Dominion ofCanada as may have legally joined therein, the legislature hereby signifies itsapproval and ratification of the compact so entered into, as to any of suchstates or provinces that may have or may hereafter legally join in the compact:
NORTHEASTERN INTERSTATE FOREST FIRE PROTECTIONCOMPACT
ARTICLE I
The purpose of this compact is to promote effectiveprevention and control of forest fires in the northeastern region of the UnitedStates and adjacent areas in Canada by the development of integrated forestfire plans, by the maintenance of adequate forest fire fighting services by themember states, by providing for mutual aid in fighting forest fires among thestates of the region and for procedures that will facilitate such aid, and bythe establishment of a central agency to coordinate the services of memberstates and perform such common services as member states may deem desirable.
ARTICLE II
This agreement shall become operative immediately as to thosestates ratifying it whenever any two or more of the states of Maine, NewHampshire, Vermont, Rhode Island, Connecticut, New York and the Commonwealth ofMassachusetts have ratified it and the congress has given its consent. Anystate not mentioned in this article which is contiguous with any member statemay become a party to this compact. Subject to the consent of the congress ofthe United States, any province of the Dominion of Canada which is contiguouswith any member state may become a party to this compact by taking such actionas its laws and the laws of the Dominion of Canada may prescribe forratification. In this event, the term "state" in this compact shall includewithin its meaning the term "province" and the procedures prescribed shall beapplied in the instance of such provinces, in accordance with the forms andpractices of the Canadian government.
ARTICLE III
Each state joining herein shall appoint three representativesto a commission hereby designated as the Northeastern forest fire protectioncommission. One shall be the state forester or officer holding an equivalentposition in such state who is responsible for forest fire control. The secondshall be a member of the legislature of such state designated by the commissionor committee on interstate co-operation of such state, or if there be none, orif said commission on interstate co-operation cannot constitutionally designatethe said member, such legislator shall be designated by the governor thereof;provided that if it is constitutionally impossible to appoint a legislator as acommissioner from such state, the second member shall be appointed by thegovernor of said state in his discretion. The third member shall be a persondesignated by the governor as the responsible representative of the governor.In the event that any province of the Dominion of Canada shall become a memberof this commission, it shall designate three members who will approximate thispattern of representation to the extent possible under the law and practices ofsuch province. This commission shall be a body corporate with the powers andduties set forth herein.
ARTICLE IV
It shall be the duty of the commission to make inquiry andascertain from time to time such methods, practices, circumstances andconditions as may be disclosed for bringing about the prevention and control offorest fires in the area comprising the member states, to coordinate the forestfire plans and the work of the appropriate agencies of the member states and tofacilitate the rendering of aid by the member states to each other in fightingforest fires.
The commission shall formulate and, in accordance with need,from time to time, revise a regional forest fire plan for the entire regioncovered by the compact which shall serve as a common forest fire plan for thatarea.
The commission shall, more than one month prior to anyregular meeting of the legislature in any signatory state, present to thegovernor and to the legislature of the state its recommendations relating toenactments to be made by the legislature of that state in furthering theinterests and purposes of this compact.
The commission shall consult with and advise the appropriateadministrative agencies of the states party hereto with regard to problemsconnected with the prevention and control of forest fires and recommend theadoption of such regulations as it deems advisable.
The commission shall have power to recommend to the signatorystates any and all measures that will effectuate the prevention and control offorest fires.
ARTICLE V
Any two or more member states may designate the Northeasternforest fire protection commission as a joint agency to maintain such commonservices as those states deem desirable for the prevention and control offorest fires. Except in those cases where all member states join in suchdesignation for common services, the representatives of any group of suchdesignating states in the Northeastern forest fire protection commission shallconstitute a separate section of such commission for the performance of thecommon service or services so designated provided that, if any additionalexpense is involved, the states so acting shall appropriate the necessary fundsfor this purpose. The creation of such a section as a joint agency shall notaffect the privileges, powers, responsibilities or duties of the statesparticipating therein as embodied in the other articles of this compact.
ARTICLE VI
The commission may request the United States forest serviceto act as the primary research and co-ordinating agency of the Northeasternforest fire protection commission, in co-operation with the appropriateagencies in each state and the United States forest service may accept theinitial responsibility in preparing and presenting to the commission itsrecommendations with respect to the regional fire plan. Representatives of theUnited States forest service may attend meetings of the commission and ofgroups of member states.
ARTICLE VII
The commission shall annually elect from its members achairperson and a vice-chairperson. The commission shall appoint such officersor employees as may be required to carry the provisions of this compact intoeffect, shall fix and determine their duties, qualifications and compensation,and may at its pleasure, remove or discharge any such officer or employee. Thecommission shall adopt rules and regulations for the conduct of its business.It may establish and maintain one or more offices for the transaction of itsbusiness and may meet at any time or place but must meet at least once a year.
A majority of the members of the commission representing amajority of the signatory states shall constitute a quorum for the transactionof its general business, but no action of the commission imposing anyobligation on any signatory state shall be binding unless a majority of themembers from such signatory state shall have voted in favor thereof. For thepurpose of conducting its general business, voting shall be by state units.
The representatives of any two or more member states, uponnotice to the chairperson as to the time and purpose of the meeting, may meetas a section for the discussion of problems common to those states.
Sections established by groups of member states shall havethe same powers with respect to officers, employees and the maintenance ofoffices as are granted by this article to the commission. Sections may adoptsuch rules, regulations and procedures as may be necessary for the conduct oftheir business.
ARTICLE VIII
It shall be the duty of each member state for formulate andput in effect a forest fire plan for that state and to take such measures asmay be recommended by the commission to integrate such forest fire plan withthe regional forest fire plan.
Whenever the state forest fire control agency of a memberstate requests aid from the state forest fire control agency of any othermember state in combatting, controlling or preventing forest fires, it shall bethe duty of the state forest fire control agency of that state to render allpossible aid to the requesting agency which is consonant with the maintenanceof protection at home.
Each signatory state agrees to render aid to the forestservice or other agencies of the government of the United States in combatting,controlling or preventing forest fires in areas under their jurisdictionlocated within the member state or a contiguous member state.
ARTICLE IX
Whenever the forces of any member state are rendering outsideaid pursuant to the request of another member state under this compact, theemployees of such state shall, under the direction of the officers of the stateto which they are rendering aid, have the same powers (except the power ofarrest), duties, rights, privileges and immunities as comparable employees ofthe state to which they are rendering aid.
No member state or its officers or employees renderingoutside aid pursuant to this compact shall be liable on account of any act oromission on the part of such forces while so engaged, or on account of themaintenance or use of any equipment or supplies in connection therewith.
All liability that may arise either under the laws of therequesting state or under the laws of the aiding state or under the laws of athird state on account of or in connection with a request for aid, shall beassumed and borne by the requesting state.
Any member state rendering outside aid pursuant to thiscompact shall be reimbursed by the member state receiving such aid for any lossor damage to, or expense incurred in the operation of any equipment answering arequest for aid, and for the cost of all materials, transportation, wages,salaries, and maintenance of employees and equipment incurred in connectionwith such request. Provided, that nothing herein contained shall prevent anyassisting member state from assuming such loss, damage, expense or other costor from loaning such equipment or from donating such services to the receivingmember state without charge or cost.
Each member state shall provide for the payment ofcompensation and death benefits to injured employees and the representatives ofdeceased employees in case employees sustain injuries or are killed whilerendering outside aid pursuant to this compact, in the same manner and on thesame terms as if the injury or death were sustained within such state.
For the purposes of this compact the term employee shallinclude any volunteer or auxiliary legally included within the forest firefighting forces of the aiding state under the laws thereof.
The commission shall formulate procedures for claims andreimbursement under the provisions of this article.
Aid by a member state to an area subject to federaljurisdiction beyond the borders of such state shall not be required under thiscompact unless substantially the same provisions of this article relative topowers, liabilities, losses and expenses in connection with such aid areembodied in federal laws.
ARTICLE X
When appropriations for the support of this commission or forthe support of common services maintained by the commission or a sectionthereof under the provisions of article V are necessary, the commission orsection thereof shall allocate the costs among the states affected withconsideration of the amounts of forested land in those states that will receiveprotection from the service to be rendered and the extent of the forest fireproblem involved in each state, and shall submit its recommendationsaccordingly to the legislatures of the affected states.
The commission shall submit to the governor of each state, atsuch time as he may request, a budget of its estimated expenditures for suchperiod as may be required by the laws of such state for presentation to thelegislature thereof.
The commission shall keep accurate books of account, showingin full its receipts and disbursements, and said books of account shall be openat any reasonable time to the inspection of such representatives of therespective signatory states as may be duly constituted for that purpose.
On or before the first day of December of each year, thecommission shall submit to the respective governors of the signatory states afull and complete report of its activities for the preceding year.
ARTICLE XI
The representatives from any member state may appoint andconsult with an advisory committee composed of persons interested in forestfire protection.
The commission may appoint and consult with an advisorycommittee of representatives of all affected groups, private and governmental.
ARTICLE XII
The commission may accept any and all donations, gifts andgrants of money, equipment, supplies, materials and services from the federalor any local government, or any agency thereof and from any person, firm orcorporation, for any of its purposes and functions under this compact, and mayreceive and utilize the same subject to the terms, conditions and regulationsgoverning such donations, gifts and grants.
ARTICLE XIII
Nothing in this compact shall be construed to authorize orpermit any member state to curtail or diminish its forest fire fighting forces,equipment, services or facilities, and it shall be the duty and reponsibilityof each member state to maintain adequate forest fire fighting forces andequipment to meet normal demands for forest fire protection within its borders.
Nothing in this compact shall be construed to limit orrestrict the powers of any state ratifying the same to provide for theprevention, control and extinguishment of forest fires, or to prohibit theenactment or enforcement of state laws, rules or regulations intended to aid insuch prevention, control and extinguishment in such state.
Nothing in this compact shall be construed to affect anyexisting or future co-operative relationship or arrangement between the UnitedStates forest service and a member state or states.
ARTICLE XIV
This compact shall continue in force and remain binding oneach state ratifying it until the legislature or the governor of such statetakes action to withdraw therefrom. Such action shall not be effective untilsix months after notice thereof has been sent by the chief executive of thestate desiring to withdraw to the chief executives of all states then partiesto the compact.