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§2509. Status of persons rendering aid; liability; reimbursement; compensation and death


Published: 2015

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The Vermont Statutes Online



Title

10

:
Conservation and Development






Chapter

081

:
NORTHEASTERN FOREST FIRE PROTECTION COMPACT






Subchapter

002
:
NORTHEASTERN FOREST FIRE PROTECTION COMPACT










 

§

2509. Status of persons rendering aid; liability; reimbursement; compensation

and death benefits-Article IX

Whenever the

forces of any member state are rendering outside aid pursuant to the request of

another member state under this compact, the employees of such state shall,

under the direction of the officers of the state to which they are rendering

aid, have the same powers (except the power of arrest), duties, rights,

privileges and immunities as comparable employees of the state to which they are

rendering aid.

No member state

or its officers or employees rendering outside aid pursuant to this compact

shall be liable on account of any act or omission 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.

All liability

that may arise either under the laws of the requesting state or under the laws

of the aiding state or under the laws of a third state on account of or in

connection with a request for aid, shall be assumed and borne by the requesting

state.

Any member state

rendering outside aid pursuant to this compact shall be reimbursed by the

member state receiving such aid for any loss or damage to, or expense incurred

in the operation of any equipment answering a request for aid, and for the cost

of all materials, transportation, wages, salaries, and maintenance of employees

and equipment incurred in connection with such request. Provided, that nothing

herein contained shall prevent any assisting member state from assuming such

loss, damage, expense or other cost or from loaning such equipment or from

donating such services to the receiving member state without charge or cost.

Each member

state shall provide for the payment of compensation and death benefits to injured

employees and the representatives of deceased employees in case employees

sustain injuries or are killed while rendering outside aid pursuant to this

compact, in the same manner and on the same terms as if the injury or death

were sustained within such state.

For the purposes

of this compact the term employee shall include any volunteer or auxiliary

legally included within the forest fire fighting forces of the aiding state

under the laws thereof.

The commission

shall formulate procedures for claims and reimbursement under the provisions of

this article.

Aid by a member

state to an area subject to federal jurisdiction beyond the borders of such

state shall not be required under this compact unless substantially the same

provisions of this article relative to powers, liabilities, losses and expenses

in connection with such aid are embodied in federal laws.