44-54.1 - Compact enacted into law; terms.
§ 44-54.1. Compact enacted into law; terms.
The National Guard Mutual Assistance Compact is hereby enacted into law andentered into by the Commonwealth of Virginia with all other states legallyjoining therein, in the form substantially as follows: NATIONAL GUARD MUTUAL ASSISTANCE COMPACT Article I. Purposes.
The purposes of this compact are to:
1. Provide for mutual aid among the party states in the utilization of thenational guard to cope with emergencies.
2. Permit and encourage a high degree of flexibility in the deployment ofnational guard forces in the interest of efficiency.
3. Maximize the effectiveness of the national guard in those situations whichcall for its utilization under this compact.
4. Provide protection for the rights of national guard personnel when servingin other states on emergency duty. Article II. Entry into Force and Withdrawal.
(a) This compact shall enter into force when enacted into law by any twostates. Thereafter, this compact shall become effective as to any other stateupon its enactment thereof.
(b) Any party state may withdraw from this compact by enacting a statuterepealing the same, but no such withdrawal shall take effect until one yearafter the governor of the withdrawing state has given notice in writing ofsuch withdrawal to the governors of all other party states. Article III. Mutual Aid.
(a) As used in this article:
1. "Emergency" means an occurrence or condition, temporary in nature, inwhich police and other public safety officials and locally available nationalguard forces are, or may reasonably be expected to be, unable to cope withsubstantial and imminent danger to the public safety.
2. "Requesting state" means the state whose governor requests assistance incoping with an emergency.
3. "Responding state" means the state furnishing aid, or requested tofurnish aid.
(b) Upon request of the governor of a party state for assistance in anemergency, the governor of a responding state shall have authority under thiscompact to send without the borders of his state and place under thetemporary command of the appropriate national guard or other militaryauthorities of the requesting state all or any part of the national guardforces of his state as he may deem necessary, and the exercise of hisdiscretion in this regard shall be conclusive.
(c) The governor of a party state may withhold the national guard forces ofhis state from such use and recall any forces or part or member thereofpreviously deployed in a requesting state.
(d) Whenever national guard forces of any party state are engaged in anotherstate in carrying out the purposes of this compact, the members thereof soengaged shall have the same powers, duties, rights, privileges and immunitiesas members of national guard forces in such other state. The requesting stateshall save members of the national guard forces of responding states harmlessfrom civil liability for acts or omissions in good faith which occur in theperformance of their duty while engaged in carrying out the purposes of thiscompact, whether the responding forces are serving the requesting statewithin its borders or are in transit to or from such service.
(e) Subject to the provisions of paragraphs (f), (g) and (h) of this article,all liability that may arise under the laws of the requesting state, theresponding state, or a third state on account of or in connection with arequest for aid, shall be assumed and borne by the requesting state.
(f) Any responding state rendering aid pursuant to this compact shall bereimbursed by the requesting state for any loss or damage to, or expenseincurred in the operation of any equipment answering a request for aid, andfor the cost of the materials, transportation and maintenance of nationalguard personnel and equipment incurred in connection with such request:Provided, that nothing herein contained shall prevent any responding statefrom assuming such loss, damage, expense or other cost.
(g) Each party state shall provide, in the same amounts and manner as if theywere on duty within their state, for the pay and allowances of the personnelof its national guard units while engaged without the state pursuant to thiscompact and while going to and returning from such duty pursuant to thiscompact. Such pay and allowances shall be deemed items of expensereimbursable under paragraph (f) by the requesting state.
(h) Each party state providing for the payment of compensation and deathbenefits to injured members and the representatives of deceased members ofits national guard forces in case such members sustain injuries or are killedwithin their own state, shall provide for the payment of compensation anddeath benefits in the same manner and on the same terms in case such memberssustain injury or are killed while rendering aid pursuant to this compact.Such compensation and death benefits shall be deemed items of expensereimbursable pursuant to paragraph (f) of this article. Article IV. Delegation.
Nothing in this compact shall be construed to prevent the governor of a partystate from delegating any of his responsibilities or authority respecting thenational guard, provided that such delegation is otherwise in accordance withlaw. For purposes of this compact, however, the governor shall not delegatethe power to request assistance from another state. Article V. Limitations.
Nothing in this compact shall:
1. Expand or add to the functions of the national guard, except with respectto the jurisdictions within which such functions may be performed.
2. Authorize or permit national guard units to be placed under the fieldcommand of any person not having the military or national guard rank orstatus required by law for the field command position in question.
Article VI. Construction and Severability.
This compact shall be liberally construed so as to effectuate the purposesthereof. The provisions of this compact shall be severable and if any phrase,clause, sentence or provision of this compact is declared to be contrary tothe constitution of any state or of the United States or the applicabilitythereof to any government, agency, person or circumstance is held invalid,the validity of the remainder of this compact and the applicability thereofto any government, agency, person or circumstance shall not be affectedthereby. If this compact shall be held contrary to the constitution of anystate participating herein, the compact shall remain in full force and effectas to the remaining party states and in full force and effect as to the stateaffected as to all severable matters.
(1968, c. 36.)