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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Military Affairs and Emergency Management
Chapter : EMERGENCY MANAGEMENT ASSISTANCE COMPACT
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26-401 Title
This act may be cited as the emergency management assistance compact.
26-402 Compact
The legislature of the state of ARIZONA hereby authorizes the governor of the state
of ARIZONA to enter into a compact on behalf of the state of ARIZONA with any other state
legally joining therein, in the form substantially as follows:
EMERGENCY MANAGEMENT ASSISTANCE COMPACT
ARTICLE I - GENERAL PROVISIONS
This compact is made and entered into by and between the participating member states
which enact this compact, hereinafter called party states. For the purposes of this
agreement, the term "states" is taken to mean the several states, the Commonwealth of
Puerto Rico, the District of Columbia and all U.S. territorial possessions.
The purpose of this compact is to provide for mutual assistance between the states
entering into this compact in managing any emergency or disaster that is duly declared by
the governor of the affected state, whether arising from natural disaster, technological
hazard, man-made disaster, civil emergency aspects of resources shortages, community
disorders, insurgency or enemy attack.
This compact shall also provide for mutual cooperation in emergency-related
exercises, testing or other training activities using equipment and personnel simulating
performance of any aspect of the giving and receiving of aid by party states or
subdivisions of party states during emergencies, such actions occurring outside actual
declared emergency periods. Mutual assistance in this compact may include the use of the
states' national guard forces, either in accordance with the national guard mutual
assistance compact or by mutual agreement between states.
ARTICLE II - GENERAL IMPLEMENTATION
Each party state entering into this compact recognizes many emergencies transcend
political jurisdictional boundaries and that intergovernmental coordination is essential
in managing these and other emergencies under this compact. Each state further recognizes
that there will be emergencies which require immediate access and present procedures to
apply outside resources to make a prompt and effective response to such an emergency.
This is because few, if any, individual states have all the resources necessary for
delivering services to areas where emergencies exist. The prompt, full and effective
utilization of resources of the participating states, including any resources on hand or
available from the federal government or any other source, that are essential to the
safety, care and welfare of the people in the event of any emergency or disaster declared
by a party state, shall be the underlying principle on which all articles of this compact
shall be understood.
On behalf of the governor of each state participating in the compact, the legally
designated state official who is assigned responsibility for emergency management will be
responsible for formulation of the appropriate interstate mutual aid plans and procedures
necessary to implement this compact.
ARTICLE III - PARTY STATE RESPONSIBILITIES
A. It shall be the responsibility of each party state to formulate procedural plans
and programs for interstate cooperation in the performance of the responsibilities listed
in this article. In formulating such plans, and in carrying them out, the party states,
insofar as practical, shall:
i. Review individual state hazards analyses and, to the extent reasonably possible,
determine all those potential emergencies the party states might jointly suffer, whether
due to natural disaster, technological hazard, man-made disaster, emergency aspects of
resource shortages, civil disorders, insurgency or enemy attack.
ii. Review party states' individual emergency plans and develop a plan which will
determine the mechanism for the interstate management and provision of assistance
concerning any potential emergency.
iii. Develop interstate procedures to fill any identified gaps and to resolve any
identified inconsistencies or overlaps in existing or developed plans.
iv. Assist in warning communities adjacent to or crossing the state boundaries.
v. Protect and assure uninterrupted delivery of services, medicines, water, food,
energy and fuel, search and rescue, and critical lifeline equipment, services and
resources, both human and material.
vi. Inventory and set procedures for the interstate loan and delivery of human and
material resources, together with procedures for reimbursement or forgiveness.
vii. Provide, to the extent authorized by law, for temporary suspension of any
statutes.
B. The authorized representative of a party state may request assistance of another
party state by contacting the authorized representative of that state. The provisions of
this agreement shall only apply to requests for assistance made by and to authorized
representatives. Requests may be verbal or in writing. If verbal, the request shall be
confirmed in writing within thirty days of the verbal request. Requests shall provide the
following information:
i. A description of the emergency service function for which assistance is needed,
such as but not limited to fire services, law enforcement, emergency medical,
transportation, communications, public works and engineering, building inspection,
planning and information assistance, mass care, resource support, health and medical
services, and search and rescue.
ii. The amount and type of personnel, equipment, materials and supplies needed, and
a reasonable estimate of the length of time they will be needed.
iii. The specific place and time for staging of the assisting party's response and
a point of contact at that location.
C. There shall be frequent consultation between state officials who have assigned
emergency management responsibilities and other appropriate representatives of the party
states with affected jurisdictions and the United States government, with free exchange
of information, plans and resource records relating to emergency capabilities.
ARTICLE IV - LIMITATIONS
Any party state requested to render mutual aid or conduct exercises and training for
mutual aid shall take such action as is necessary to provide and make available the
resources covered by this compact in accordance with the terms hereof; provided that it
is understood that the state rendering aid may withhold resources to the extent necessary
to provide reasonable protection for such state. Each party state shall afford to the
emergency forces of any party state, while operating within its state limits under the
terms and conditions of this compact, the same powers (except that of arrest unless
specifically authorized by the receiving state), duties, rights and privileges as are
afforded forces of the state in which they are performing emergency services. Emergency
forces will continue under the command and control of their regular leaders, but the
organizational units will come under the operational control of the emergency services
authorities of the state receiving assistance. These conditions may be activated, as
needed, only subsequent to a declaration of a state of emergency or disaster by the
governor of the party state that is to receive assistance or commencement of exercises or
training for mutual aid and shall continue so long as the exercises or training for
mutual aid are in progress, the state of emergency or disaster remains in effect or
loaned resources remain in the receiving state, whichever is longer.
ARTICLE V - LICENSES AND PERMITS
Whenever any person holds a license, certificate or other permit issued by any state
party to the compact evidencing the meeting of qualifications for professional,
mechanical or other skills, and when such assistance is requested by the receiving party
state, such person shall be deemed licensed, certified or permitted by the state
requesting assistance to render aid involving such skill to meet a declared emergency or
disaster, subject to such limitations and conditions as the governor of the requesting
state may prescribe by executive order or otherwise.
ARTICLE VI - LIABILITY
Officers or employees of a party state rendering aid in another state pursuant to
this compact shall be considered agents of the requesting state for tort liability and
immunity purposes; and no party state or its officers or employees rendering aid in
another state pursuant to this compact shall be liable on account of any act or omission
in good faith on the part of such forces while so engaged or on account of the
maintenance or use of any equipment or supplies in connection therewith. Good faith in
this article shall not include willful misconduct, gross negligence or recklessness.
ARTICLE VII - SUPPLEMENTARY AGREEMENTS
Inasmuch as it is probable that the pattern and detail of the machinery for mutual
aid among two or more states may differ from that among the states that are party hereto,
this instrument contains elements of a broad base common to all states, and nothing
herein contained shall preclude any state from entering into supplementary agreements
with another state or affect any other agreements already in force between states.
Supplementary agreements may comprehend, but shall not be limited to, provisions for
evacuation and reception of injured and other persons and the exchange of medical, fire,
police, public utility, reconnaissance, welfare, transportation and communications
personnel, and equipment and supplies.
ARTICLE VIII - COMPENSATION
Each party state shall provide for the payment of compensation and death benefits to
injured members of the emergency forces of that state and representatives of deceased
members of such forces in case such members sustain injuries or are killed while
rendering aid pursuant to this compact, in the same manner and on the same terms as if
the injury or death were sustained within their own state.
ARTICLE IX - REIMBURSEMENT
Any party state rendering aid in another state pursuant to this compact shall be
reimbursed by the party state receiving such aid for any loss or damage to or expense
incurred in the operation of any equipment and the provision of any service in answering
a request for aid and for the costs incurred in connection with such requests; provided,
that any aiding party state may assume in whole or in part such loss, damage, expense, or
other cost, or may loan such equipment or donate such services to the receiving party
state without charge or cost; and provided further, that any two or more party states may
enter into supplementary agreements establishing a different allocation of costs among
those states. Article VIII expenses shall not be reimbursable under this provision.
ARTICLE X - EVACUATION
Plans for the orderly evacuation and interstate reception of portions of the
civilian population as the result of any emergency or disaster of sufficient proportions
to so warrant, shall be worked out and maintained between the party states and the
emergency management/services directors of the various jurisdictions where any type of
incident requiring evacuations might occur. Such plans shall be put into effect by
request of the state from which evacuees come and shall include the manner of
transporting such evacuees, the number of evacuees to be received in different areas, the
manner in which food, clothing, housing, and medical care will be provided, the
registration of the evacuees, the providing of facilities for the notification of
relatives or friends, and the forwarding of such evacuees to other areas or the bringing
in of additional materials, supplies, and all other relevant factors. Such plans shall
provide that the party state receiving evacuees and the party state from which the
evacuees come shall mutually agree as to reimbursement of out-of-pocket expenses incurred
in receiving and caring for such evacuees, for expenditures for transportation, food,
clothing, medicines and medical care, and like items. Such expenditures shall be
reimbursed as agreed by the party state from which the evacuees come. After the
termination of the emergency or disaster, the party state from which the evacuees come
shall assume the responsibility for the ultimate support of repatriation of such
evacuees.
ARTICLE XI - IMPLEMENTATION
A. This compact shall become operative immediately upon its enactment into law by
any two (2) states; thereafter, this compact shall become effective as to any other state
upon its enactment by such state.
B. Any party state may withdraw from this compact by enacting a statute repealing
the same, but no such withdrawal shall take effect until thirty days after the governor
of the withdrawing state has given notice in writing of such withdrawal to the governors
of all other party states. Such action shall not relieve the withdrawing state from
obligations assumed hereunder prior to the effective date of withdrawal.
C. Duly authenticated copies of this compact and of such supplementary agreements
as may be entered into shall, at the time of their approval, be deposited with each of
the party states and with the federal emergency management agency and other appropriate
agencies of the United States government.
ARTICLE XII - VALIDITY
This act shall be construed to effectuate the purposes stated in article I hereof.
If any provision of this compact is declared unconstitutional, or the applicability
thereof to any person or circumstances is held invalid, the constitutionality of the
remainder of this act and the applicability thereof to other persons and circumstances
shall not be affected thereby.
ARTICLE XIII - ADDITIONAL PROVISIONS
Nothing in this compact shall authorize or permit the use of military force by the
national guard of a state at any place outside that state in any emergency for which the
president is authorized by law to call into federal service the militia, or for any
purpose for which the use of the army or the air force would in the absence of express
statutory authorization be prohibited under section 1385 of title 18, United States Code.
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