                                 CODE OF VIRGINIA

COMPACT ENACTED INTO LAW; TERMS (§ 44-146.28:1)

The Emergency Management Assistance Compact is hereby enacted into law and
entered into by the Commonwealth of Virginia with all other states legally
joining therein, in the form substantially as follows:		EMERGENCY MANAGEMENT
ASSISTANCE 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 compact, the
term &#8220;states&#8221; 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, 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&#8217;
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 that
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.

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:

   1. 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 resources shortages, civil disorders,
   insurgency, or enemy attack;

   2. Review party states&#8217; individual emergency plans and develop a plan
   which will determine the mechanism for the interstate management and provision
   of assistance concerning any potential emergency;

   3. Develop interstate procedures to fill any identified gaps and to resolve
   any identified inconsistencies or overlaps in existing or developed plans;

   4. Assist in warning communities adjacent to or crossing the state boundaries;

   5. 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;

   6. Inventory and set procedures for the interstate loan and delivery of human
   and material resources, together with procedures for reimbursement or
   forgiveness; and

   7. Provide, to the extent authorized by law, for temporary suspension of any
   statutes or ordinances that restrict the implementation of the above
   responsibilities.

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 compact 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 thirty days of the
verbal request. Requests shall provide the following information:

   1. A description of the emergency service function for which assistance is
   needed, including, 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;

   2. The amount and type of personnel, equipment, materials and supplies needed,
   and a reasonable estimate of the length of time they will be needed; and

   3. The specific place and time for staging of the assisting party&#8217;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 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 emergency or disaster by the governor of the party state
that is to receive assistance or upon 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, 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. 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 compact contains elements of a
broad base common to all states, and nothing herein shall preclude any state
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
article.			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 effective immediately upon its enactment into law
by any two states. Thereafter, this compact shall become effective as to any
other state upon 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 thirty 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 compact shall be construed to effectuate the
purposes stated in Article I. 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 compact and the
applicability thereof to other persons and circumstances shall not be
affected.			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 &#xA7; 1385 of Title 18 of the
United States Code.

HISTORY: 1995, c. 280.