Missouri Revised Statutes













Chapter 44

Civil Defense

←44.237

Section 44.415.1

44.010→

August 28, 2015

Emergency mutual aid compact.

44.415. 1. This shall be known and may be cited as the "Emergency

Mutual Aid Compact".



2. The emergency mutual aid compact is hereby enacted into law and

entered into with all other states which adopt the compact in a form

substantially as follows: EMERGENCY MUTUAL AID COMPACT ARTICLE I - PURPOSE AND

AUTHORITIES



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 "state" 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(s), 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 they may need in all

types of emergencies or the capability of delivering resources 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. Such plans and any revision thereto shall not become effective

unless submitted to and approved by the general assembly by concurrent

resolution; except that if the general assembly is not in session, such plans

or revisions thereto shall take effect but shall terminate if the general

assembly does not approve of the plan or revision within thirty calendar days

after the general assembly has convened in regular or special session. 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 or ordinances that restrict the implementation of the

responsibilities of this compact*.



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 30

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 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(s), 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, 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 30 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 section 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 section 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.



(L. 1996 S.B. 740 §§ 1, 2)



*Words "of this compact" do not appear in original rolls.







Top



Missouri General Assembly



Copyright © Missouri Legislature, all rights reserved.