58-8-103 - Governance Agreements to provide aid and assistance Service and operational agreements Purpose Construction with other laws.
58-8-103. Governance Agreements to provide aid and assistance Service and operational agreements Purpose Construction with other laws.
(a) On and after July 1, 2004, the provision and receipt of mutual aid and assistance by participating governmental entities shall be governed by this chapter, and no separate agreement is necessary except with regard to aid or assistance provided to entities in other states, aid or assistance provided between nongovernmental utilities and governmental entities, and governmental entities that decide to provide aid and assistance under a separate agreement. Governmental entities may choose by resolution of their governing bodies to continue agreements existing on July 1, 2004, until they expire or are terminated in accordance with their terms. Governmental entities may also by resolution extend existing agreements or make new agreements relative to mutual aid and assistance after July 1, 2004. When there is an agreement between or among governmental entities, the provisions of that agreement and applicable authorizing law govern activities under the agreement. For any governmental entity with no agreement with the particular requesting party governing mutual aid or assistance, the provisions of this chapter apply to both parties.
(b) It is not the intent of this chapter to affect activities under service agreements. Service and operational agreements may continue to be made and enforced under §§ 5-1-113, 5-1-114, 5-16-107, 5-19-106, 6-54-307, 6-54-601, title 12, chapter 9, title 49, chapter 2, part 13, or other applicable law.
(c) The purposes of this chapter are to authorize mutual aid and to enhance public safety and homeland security by facilitating assistance among governmental entities in any state of emergency or declared disaster while conforming to federal guidelines relative to reimbursement of costs for assistance rendered.
(d) Aid and assistance to entities in other states continues to be governed by the Interlocal Cooperation Act, compiled in title 12, chapter 9, and other applicable law.
[Acts 2004, ch. 743, § 1; 2009, ch. 388, § 2.]