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Compact enacted - 35 Pa. Cons. Stat. § 7601Legal Research Home > Pennsylvania Statutes
CHAPTER 76
EMERGENCY MANAGEMENT ASSISTANCE COMPACT
Sec.
7601. Compact enacted.
7602. Exercise of powers and duties.
7603. Mutual agreements.
7604. Budgetary considerations.
Enactment. Chapter 76 was added December 15, 1999, P.L.934,
No.64, effective immediately.
Cross References. Chapter 76 is referred to in sections 508,
7309 of Title 51 (Military Affairs).
§ 7601. Compact enacted.
The Emergency Management Assistance Compact is hereby enacted
into law and entered into with all jurisdictions legally joining
therein in the form substantially as follows:
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 "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, 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 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' 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 to 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'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 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.
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 section 1385 of Title 18 of the United States
Code.
Cross References. Section 7601 is referred to in sections
7602, 7604 of this title; section 3105 of Title 51 (Military
Affairs).
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Last modified: November 27, 2007 |
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