Missouri Revised Statutes













Chapter 44

Civil Defense

←44.080

Section 44.090.1

44.095→

August 28, 2015

Mutual-aid agreements--participation in statewide mutual aid system--reimbursement for services provided, benefits.

44.090. 1. The executive officer of any political subdivision or public

safety agency may enter into mutual-aid arrangements or agreements with other

public and private agencies within and without the state for reciprocal

emergency aid. Such arrangements or agreements shall be consistent with the

state disaster plan and program and the provisions of section 70.837 and

section 320.090. In time of emergency it shall be the duty of each local

organization for emergency management to render assistance in accordance with

the provisions of such mutual-aid arrangements or agreements.



2. Any contracts that are agreed upon may provide for compensation from

the parties and other terms that are agreeable to the parties and may be for

an indefinite period as long as they include a sixty-day cancellation notice

provision by either party. The contracts agreed upon may not be entered into

for the purpose of reduction of staffing by either party.



3. At the time of significant emergency such as fire, earthquake, flood,

tornado, hazardous material incident, terrorist incident, or other such

man-made or natural emergency disaster or public safety need anywhere within

the state or bordering states, the highest ranking official of any political

subdivision or public safety agency or their designee may render aid to or

request aid from any jurisdiction, agency, or organization even without

written agreement, as long as he or she is in accordance with the policies and

procedures set forth by the governing boards of those jurisdictions,

agencies, or organizations. A public safety need, as used in this section,

shall include any event or incident necessitating mutual-aid assistance from

another public safety agency.



4. When responding to mutual aid or emergency aid requests, political

subdivisions or public safety agencies shall be subject to all provisions of

law as if it were providing service within its own jurisdiction.



5. All political subdivisions and public safety agencies within the state

are, upon enactment of this legislation or execution of an agreement,

automatically a part of the Missouri statewide mutual aid system. A political

subdivision within the state may elect not to participate in the statewide

mutual aid system upon enacting an appropriate resolution by its governing

body declaring that it elects not to participate in the statewide mutual aid

system and by providing a copy of the resolution to the director of the

department of public safety or his or her designee.



6. The Missouri mutual aid system shall be administered by the department

of public safety, which may authorize any organization to assist in the

administration of the mutual aid system. The department of public safety may

promulgate rules for this section. Any rule or portion of a rule, as that

term is defined in section 536.010, that is created under the authority

delegated in this section shall become effective only if it complies with and

is subject to all of the provisions of chapter 536 and, if applicable, section

536.028. This section and chapter 536 are nonseverable and if any of the

powers vested with the general assembly under chapter 536 to review, to delay

the effective date, or to disapprove and annul a rule are subsequently held

unconstitutional, then the grant of rulemaking authority and any rule

proposed or adopted after August 28, 2009, shall be invalid and void.



7. For the purpose of this section, public safety agencies shall include,

but shall not be limited to, fire service organizations, law enforcement

agencies, emergency medical service organizations, public health and medical

personnel, emergency management officials, infrastructure departments, public

works agencies, and those other agencies, organizations, departments, and

specialized emergency response teams that have personnel with special skills

or training that are needed to provide services during an emergency, public

safety need, or disaster, declared or undeclared.



8. It shall be the responsibility of each political subdivision and

public safety agency to adopt and put into practice the National Incident

Management System promulgated by the United States Department of Homeland

Security.



9. In the event of a disaster or other public safety need that is beyond

the capability of local political subdivisions, the local governing authority

or public safety agency having jurisdiction may request assistance under this

section.



10. Any entity or individual that holds a license, certificate, or other

permit issued by a participating political subdivision, public safety agency,

or state shall be deemed licensed, certified, or permitted in the requesting

political subdivision or public safety agency's jurisdiction for the duration

of the emergency or authorized drill.



11. Reimbursement for services rendered under this section shall be in

accordance with any local, state and federal guidelines. Any political

subdivision or public safety agency providing assistance shall receive

appropriate reimbursement according to those guidelines.



12. Applicable benefits normally available to personnel while performing

duties for their jurisdiction are also available to such persons when an

injury or death occurs when rendering assistance to another political

subdivision or public safety agency under this section. Responders shall be

eligible for the same state and federal benefits that may be available to

them for line-of-duty deaths or injuries, if such services are otherwise

provided for within their jurisdiction.



13. For the purposes of liability, all members of any political

subdivision or public safety agency responding under operational control of

the requesting political subdivision or a public safety agency are deemed

employees of such responding political subdivision or public safety agency and

are subject to the liability and workers' compensation provisions provided to

them as employees of their respective political subdivision or public safety

agency.



(L. 1951 p. 536 § 26.220, Reenacted L. 1953 p. 553, Reenacted L. 1955

p. 607, A.L. 1967 p. 122, A.L. 1998 S.B. 743, A.L. 2003 H.B. 307,

A.L. 2005 H.B. 58 merged with S.B. 210, A.L. 2009 H.B. 103)





2005

2003

1998



2005



44.090. 1. The executive officer of any political subdivision may enter

into mutual-aid arrangements or agreements with other public and private

agencies within and without the state for reciprocal emergency aid. Such

arrangements or agreements shall be consistent with the state disaster plan

and program and the provisions of section 70.837, RSMo, and section 320.090,

RSMo. In time of emergency it shall be the duty of each local organization

for emergency management to render assistance in accordance with the

provisions of such mutual-aid arrangements or agreements.



2. Any contracts that are agreed upon may provide for compensation from

the parties and other terms that are agreeable to the parties and may be for

an indefinite period as long as they include a sixty-day cancellation notice

provision by either party. The contracts agreed upon may not be entered into

for the purpose of reduction of staffing by either party.



3. At the time of significant emergency such as fire, earthquake, flood,

tornado, hazardous material incident, terrorist incident, or other such

manmade or natural emergency disaster anywhere within the state or bordering

states, the highest ranking official of a political subdivision available may

render aid to any requesting political jurisdiction, even without written

agreement, as long as he or she is in accordance with the policies and

procedures set forth by the governing board of that jurisdiction.



4. When responding to mutual aid or emergency aid requests, political

subdivisions shall be subject to all provisions of law as if it were providing

service within its own jurisdiction.



5. All political subdivisions within the state are, upon enactment of

this legislation or execution of an agreement, automatically a part of the

Missouri statewide mutual aid system. A political subdivision within the

state may elect not to participate in the statewide mutual aid system upon

enacting an appropriate resolution by its governing body declaring that it

elects not to participate in the statewide mutual aid system and by providing

a copy of the resolution to the state fire marshal and state emergency

management agency.



6. Emergency response agencies shall include fire service organizations,

law enforcement agencies, emergency medical service organizations, public

health and medical personnel, emergency management officials, infrastructure

departments, public works agencies, and those other agencies, organizations,

and departments that have personnel with special skills or training that are

needed to provide services during an emergency or disaster.



7. It shall be the responsibility of each political subdivision to adopt

and put into practice the National Incident Management System promulgated by

the United States Department of Homeland Security.



8. In the event of a disaster that is beyond the capability of local

political subdivisions, the local governing authority may request assistance

under this section.



9. Any entity or individual that holds a license, certificate, or other

permit issued by a participating political subdivision or state shall be

deemed licensed, certified, or permitted in the requesting political

subdivision for the duration of the declared emergency or authorized drill.



10. Reimbursement for services rendered under this section shall be in

accordance with state and federal guidelines. Any political subdivision

providing assistance shall receive appropriate reimbursement according to

those guidelines.



11. Applicable benefits normally available to personnel while performing

duties for their jurisdiction are also available to such persons when an

injury or death occurs when rendering assistance to another political

subdivision under this section. Responders shall be eligible for the same

state and federal benefits that may be available to them for line-of-duty

deaths if such services are otherwise provided for within their jurisdiction.



12. All activities performed under this section are deemed to be

governmental functions. For the purposes of liability, all participating

political subdivisions responding under operational control of the requesting

political subdivision are deemed employees of such participating political

subdivision.



2003



44.090. 1. The executive officer of any political subdivision may

enter into mutual-aid arrangements or agreements with other public and

private agencies within and without the state for reciprocal emergency aid.

Such arrangements or agreements shall be consistent with the state disaster

plan and program and the provisions of section 70.837, RSMo, and section

320.090, RSMo. In time of emergency it shall be the duty of each local

organization for emergency management to render assistance in accordance

with the provisions of such mutual-aid arrangements or agreements.



2. The coordinator of each local organization for emergency

management may assist in negotiation of reciprocal mutual-aid agreements

between the coordinator's organization and other public and private

agencies and between the governor and the adjoining states or political

subdivisions thereof, and shall carry out arrangements or agreements

relating to the local unit.



1998



44.090. 1. The executive officer of any political subdivision, with

the approval of the governor, may enter into mutual-aid arrangements or

agreements with other public and private agencies within and without the

state for reciprocal emergency aid. Such arrangements or agreements shall

be consistent with the state disaster plan and program and the provisions

of section 70.837, RSMo, and section 320.090, RSMo. In time of emergency

it shall be the duty of each local organization for emergency management to

render assistance in accordance with the provisions of such mutual-aid

arrangements or agreements.



2. The coordinator of each local organization for emergency

management may assist in negotiation of reciprocal mutual-aid agreements

between his organization and other public and private agencies and between

the governor and the adjoining states or political subdivisions thereof,

and shall carry out arrangements or agreements relating to the local unit.



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