[Rev. 11/21/2013 11:31:07
CHAPTER 415 - EMERGENCY MANAGEMENT
NRS 415.010 Text
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
This section authorizes the Governor to implement
Public Law 104-321, Emergency Management Assistance Compact (EMAC), Articles 1
through 13, dated October 19, 1996.
ARTICLE I—PURPOSES AND
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.
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.
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.
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
ARTICLE V—LICENSES AND
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.
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.
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.
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.
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
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
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
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.
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
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
(Added to NRS by 1975, 145; A 2005, 1559)