[Rev. 11/21/2013 11:31:07

AM--2013]



CHAPTER 415 - EMERGENCY MANAGEMENT

ASSISTANCE COMPACT

NRS 415.010           Text

of Compact.

_________

 

      NRS 415.010  Text of Compact.  The

Legislature of this State hereby ratifies a Compact on behalf of the State of

Nevada with any other State legally joining therein in the form substantially

as follows:

 

Implementation

 

      This section authorizes the Governor to implement

Public Law 104-321, Emergency Management Assistance Compact (EMAC), Articles 1

through 13, dated October 19, 1996.

 

Emergency Management

Assistance Compact

 

ARTICLE I—PURPOSES 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 “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(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.

 

ARTICLE

III—PARTY STATE RESPONSIBILITIES

 

      1.  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:

      (a) 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.

      (b) 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.

      (c) Develop interstate procedures to fill any

identified gaps and to resolve any identified inconsistencies or overlaps in

existing or developed plans.

      (d) Assist in warning communities adjacent to or

crossing the state boundaries.

      (e) 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.

      (f) Inventory and set procedures for the

interstate loan and delivery of human and material resources, together with

procedures for reimbursement or forgiveness.

      (g) Provide, to the extent authorized by law, for

temporary suspension of any statutes.

      2.  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:

      (a) 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.

      (b) The amount and type of personnel, equipment,

materials and supplies needed, and a reasonable estimate of the length of time

they will be needed.

      (c) The specific place and time for staging of

the assisting party’s response and a point of contact at that location.

      3.  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 exercise or

training for mutual aid and shall continue so long as the exercise 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 be prescribed 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

 

      1.  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.

      2.  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.

      3.  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 the 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.

      (Added to NRS by 1975, 145; A 2005, 1559)