1998 Minnesota Statutes

     192.89 Interstate Emergency Management Assistance 
  Compact. 

    Subdivision 1.    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 
 agreement, the term "states" is taken to mean the several 
 states, the Commonwealth of Puerto Rico, the District of 
 Columbia, and all United States 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 an affected state, whether arising from natural 
 disaster, technological hazard, artificially created 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. 

    Subd. 2.    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 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. 

    Subd. 3.    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 subdivision.  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, artificially created 
 disaster, emergency aspects of resource 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 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 
 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: 

    (1) 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; 

    (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. 

    Subd. 4.    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 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. 

    Subd. 5.    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. 

    Subd. 6.    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 subdivision does not include willful misconduct, 
 gross negligence, or recklessness. 

    Subd. 7.    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. 

    Subd. 8.    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. 

    Subd. 9.    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. 

    Subd. 10.    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, medicine, 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. 

    Subd. 11.    Article XI - implementation.  (a) This 
 compact shall become operative immediately upon its enactment 
 into law by any two states; thereafter, this compact shall 
 become effective as to any other state upon its 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. 

    Subd. 12.    Article XII - validity.  This section 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 this compact and the applicability thereof to other 
 persons and circumstances shall not be affected thereby. 

    Subd. 13.    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 of 
 the United States 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 United States Code, title 18, 
 section 1385. 

    HIST: 1998 c 298 s 1