{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/44-146.28_1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/44-146.28_1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/44-146.28_1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/44-146.28_1.html"}],"law_id":83794,"edition_id":1,"section_id":83794,"structure_id":14302,"section_number":"44-146.28:1","catch_line":"Compact enacted into law; terms","history":"1995, c. 280.","full_text":"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:\n\t\tEMERGENCY MANAGEMENT ASSISTANCE COMPACT\n\t\tARTICLE I. PURPOSE AND AUTHORITIES.\n\t\tThis 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.\n\t\tThe 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.\n\t\tThis 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.\n\t\tARTICLE II. GENERAL IMPLEMENTATION.\n\t\tEach 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.\n\t\tThe 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.\n\t\tOn 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.\n\t\tARTICLE III. PARTY STATE RESPONSIBILITIES.\n\nA\n\nIt 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\n\nReview 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\n\nReview 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\n\nDevelop interstate procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans;4\n\nAssist in warning communities adjacent to or crossing the state boundaries;5\n\nProtect 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\n\nInventory and set procedures for the interstate loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness; and7\n\nProvide, to the extent authorized by law, for temporary suspension of any statutes or ordinances that restrict the implementation of the above responsibilities.B\n\nThe 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\n\nA 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\n\nThe amount and type of personnel, equipment, materials and supplies needed, and a reasonable estimate of the length of time they will be needed; and3\n\nThe specific place and time for staging of the assisting party&#8217;s response and a point of contact at that location.C\n\nThere 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.\n\t\t\tARTICLE IV. LIMITATIONS.\n\t\t\tAny 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.\n\t\t\tEach 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.\n\t\t\tARTICLE V. LICENSES AND PERMITS.\n\t\t\tWhenever 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.\n\t\t\tARTICLE VI. LIABILITY.\n\t\t\tOfficers 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.\n\t\t\tARTICLE VII. SUPPLEMENTARY AGREEMENTS.\n\t\t\tInasmuch 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.\n\t\t\tARTICLE VIII. COMPENSATION.\n\t\t\tEach 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.\n\t\t\tARTICLE IX. REIMBURSEMENT.\n\t\t\tAny 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.\n\t\t\tARTICLE X. EVACUATION.\n\t\t\tPlans 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.\n\t\t\tARTICLE XI. IMPLEMENTATION.A\n\nThis 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\n\nAny 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\n\nDuly 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.\n\t\t\tARTICLE XII. VALIDITY.\n\t\t\tThis 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.\n\t\t\tARTICLE XIII. ADDITIONAL PROVISIONS.\n\t\t\tNothing 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.","order_by":null,"text":{"0":{"id":300358,"text":"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:\n\t\tEMERGENCY MANAGEMENT ASSISTANCE COMPACT\n\t\tARTICLE I. PURPOSE AND AUTHORITIES.\n\t\tThis 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.\n\t\tThe 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.\n\t\tThis 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.\n\t\tARTICLE II. GENERAL IMPLEMENTATION.\n\t\tEach 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.\n\t\tThe 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.\n\t\tOn 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.\n\t\tARTICLE III. PARTY STATE RESPONSIBILITIES.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"A"},"1":{"id":300359,"text":"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:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"","next_prefix":"A1"},"2":{"id":300360,"text":"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;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"3":{"id":300361,"text":"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;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"4":{"id":300362,"text":"Develop interstate procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"5":{"id":300363,"text":"Assist in warning communities adjacent to or crossing the state boundaries;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"6":{"id":300364,"text":"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;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"7":{"id":300365,"text":"Inventory and set procedures for the interstate loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness; and","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"8":{"id":300366,"text":"Provide, to the extent authorized by law, for temporary suspension of any statutes or ordinances that restrict the implementation of the above responsibilities.","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"B"},"9":{"id":300367,"text":"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:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A7","next_prefix":"B1"},"10":{"id":300368,"text":"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;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"11":{"id":300369,"text":"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","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"12":{"id":300370,"text":"The specific place and time for staging of the assisting party&#8217;s response and a point of contact at that location.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"C"},"13":{"id":300371,"text":"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.\n\t\t\tARTICLE IV. LIMITATIONS.\n\t\t\tAny 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.\n\t\t\tEach 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.\n\t\t\tARTICLE V. LICENSES AND PERMITS.\n\t\t\tWhenever 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.\n\t\t\tARTICLE VI. LIABILITY.\n\t\t\tOfficers 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.\n\t\t\tARTICLE VII. SUPPLEMENTARY AGREEMENTS.\n\t\t\tInasmuch 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.\n\t\t\tARTICLE VIII. COMPENSATION.\n\t\t\tEach 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.\n\t\t\tARTICLE IX. REIMBURSEMENT.\n\t\t\tAny 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.\n\t\t\tARTICLE X. EVACUATION.\n\t\t\tPlans 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.\n\t\t\tARTICLE XI. IMPLEMENTATION.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B3","next_prefix":"A"},"14":{"id":300372,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"prior_prefix":"C","next_prefix":"B"},"15":{"id":300373,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"16":{"id":300374,"text":"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.\n\t\t\tARTICLE XII. VALIDITY.\n\t\t\tThis 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.\n\t\t\tARTICLE XIII. ADDITIONAL PROVISIONS.\n\t\t\tNothing 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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14302,"edition_id":1,"name":"Emergency Services and Disaster Law","identifier":"3.2","label":"chapter","depth":2,"order_by":1,"parent_id":13446,"metadata":{},"date_created":"2026-06-26 03:47:39","date_modified":"2026-06-26 03:47:39","permalink":{"id":222283,"object_type":"structure","relational_id":14302,"identifier":"3.2","token":"44\/3.2","url":"\/44\/3.2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13446,"edition_id":1,"name":"Military and Emergency Laws","identifier":"44","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:54","date_modified":"2026-06-26 03:44:54","permalink":{"id":221549,"object_type":"structure","relational_id":13446,"identifier":"44","token":"44","url":"\/44\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":83808,"structure_id":14302,"section_number":"44-146.13","catch_line":"Short title","url":"\/44-146.13\/","token":"44\/3.2\/44-146.13","metadata":false},{"id":65115,"structure_id":14302,"section_number":"44-146.14","catch_line":"Findings of General Assembly","url":"\/44-146.14\/","token":"44\/3.2\/44-146.14","metadata":false},{"id":56507,"structure_id":14302,"section_number":"44-146.15","catch_line":"Construction of chapter","url":"\/44-146.15\/","token":"44\/3.2\/44-146.15","metadata":false},{"id":65984,"structure_id":14302,"section_number":"44-146.16","catch_line":"Definitions","url":"\/44-146.16\/","token":"44\/3.2\/44-146.16","metadata":false},{"id":78828,"structure_id":14302,"section_number":"44-146.17","catch_line":"Powers and duties of Governor","url":"\/44-146.17\/","token":"44\/3.2\/44-146.17","metadata":false},{"id":73003,"structure_id":14302,"section_number":"44-146.17:1","catch_line":"Transmittal to General Assembly of rules, regulations, and orders","url":"\/44-146.17_1\/","token":"44\/3.2\/44-146.17_1","metadata":false},{"id":62120,"structure_id":14302,"section_number":"44-146.17:1.1","catch_line":"Certain emergency orders; additional requirements","url":"\/44-146.17_1.1\/","token":"44\/3.2\/44-146.17_1.1","metadata":false},{"id":74379,"structure_id":14302,"section_number":"44-146.17:2","catch_line":"Annual statewide drill","url":"\/44-146.17_2\/","token":"44\/3.2\/44-146.17_2","metadata":false},{"id":55576,"structure_id":14302,"section_number":"44-146.18","catch_line":"Department of Emergency Management; administration and operational control; coordinator and other personnel; powers and duties","url":"\/44-146.18\/","token":"44\/3.2\/44-146.18","metadata":false},{"id":70134,"structure_id":14302,"section_number":"44-146.18:1","catch_line":"Virginia Disaster Response Funds disbursements; reimbursements","url":"\/44-146.18_1\/","token":"44\/3.2\/44-146.18_1","metadata":false},{"id":71648,"structure_id":14302,"section_number":"44-146.18:2","catch_line":"Authority of Coordinator of Emergency Management in undeclared emergency","url":"\/44-146.18_2\/","token":"44\/3.2\/44-146.18_2","metadata":false},{"id":69158,"structure_id":14302,"section_number":"44-146.18:3","catch_line":"First informer broadcasters; coordination with Department of Emergency Management","url":"\/44-146.18_3\/","token":"44\/3.2\/44-146.18_3","metadata":false},{"id":84404,"structure_id":14302,"section_number":"44-146.18:4","catch_line":"State Coordinator of Emergency Management responsible for annual Virginia Comprehensive Emergency Management Report","url":"\/44-146.18_4\/","token":"44\/3.2\/44-146.18_4","metadata":false},{"id":59542,"structure_id":14302,"section_number":"44-146.18:5","catch_line":"Division of Public Safety Communications established; appointment of Virginia Public Safety Communications Coordinator; duties of Division","url":"\/44-146.18_5\/","token":"44\/3.2\/44-146.18_5","metadata":false},{"id":63764,"structure_id":14302,"section_number":"44-146.18:6","catch_line":"Geographic Information Network Division established; powers and duties; Division Coordinator","url":"\/44-146.18_6\/","token":"44\/3.2\/44-146.18_6","metadata":false},{"id":70812,"structure_id":14302,"section_number":"44-146.18:7","catch_line":"GIS Fund created","url":"\/44-146.18_7\/","token":"44\/3.2\/44-146.18_7","metadata":false},{"id":55832,"structure_id":14302,"section_number":"44-146.18:8","catch_line":"Additional powers and duties of the State Coordinator of Emergency Management","url":"\/44-146.18_8\/","token":"44\/3.2\/44-146.18_8","metadata":false},{"id":86221,"structure_id":14302,"section_number":"44-146.18:9","catch_line":"Nonstock corporation to assist in the development of GIS data","url":"\/44-146.18_9\/","token":"44\/3.2\/44-146.18_9","metadata":false},{"id":85193,"structure_id":14302,"section_number":"44-146.19","catch_line":"Powers and duties of political subdivisions","url":"\/44-146.19\/","token":"44\/3.2\/44-146.19","metadata":false},{"id":78856,"structure_id":14302,"section_number":"44-146.20","catch_line":"Joint action by political subdivisions","url":"\/44-146.20\/","token":"44\/3.2\/44-146.20","metadata":false},{"id":67566,"structure_id":14302,"section_number":"44-146.21","catch_line":"Declaration of local emergency","url":"\/44-146.21\/","token":"44\/3.2\/44-146.21","metadata":false},{"id":70539,"structure_id":14302,"section_number":"44-146.22","catch_line":"Development of measures to prevent or reduce harmful consequences of disasters; disclosure of information","url":"\/44-146.22\/","token":"44\/3.2\/44-146.22","metadata":false},{"id":76000,"structure_id":14302,"section_number":"44-146.23","catch_line":"Immunity from liability","url":"\/44-146.23\/","token":"44\/3.2\/44-146.23","metadata":false},{"id":62719,"structure_id":14302,"section_number":"44-146.24","catch_line":"Cooperation of public agencies","url":"\/44-146.24\/","token":"44\/3.2\/44-146.24","metadata":false},{"id":67520,"structure_id":14302,"section_number":"44-146.25","catch_line":"Repealed","url":"\/44-146.25\/","token":"44\/3.2\/44-146.25","metadata":false},{"id":76909,"structure_id":14302,"section_number":"44-146.26","catch_line":"Duties of emergency management organizations","url":"\/44-146.26\/","token":"44\/3.2\/44-146.26","metadata":false},{"id":75520,"structure_id":14302,"section_number":"44-146.27","catch_line":"Supplementing federal funds; assistance of federal agencies; acceptance of gifts and services; appropriations by local governing bodies","url":"\/44-146.27\/","token":"44\/3.2\/44-146.27","metadata":false},{"id":75418,"structure_id":14302,"section_number":"44-146.28","catch_line":"Authority of Governor and agencies under his control in declared state of emergency","url":"\/44-146.28\/","token":"44\/3.2\/44-146.28","metadata":false},{"id":83794,"structure_id":14302,"section_number":"44-146.28:1","catch_line":"Compact enacted into law; terms","url":"\/44-146.28_1\/","token":"44\/3.2\/44-146.28_1","metadata":false},{"id":86962,"structure_id":14302,"section_number":"44-146.28:2","catch_line":"Disaster relief assistance by out-of-state businesses and employees","url":"\/44-146.28_2\/","token":"44\/3.2\/44-146.28_2","metadata":false},{"id":66386,"structure_id":14302,"section_number":"44-146.29","catch_line":"Expired","url":"\/44-146.29\/","token":"44\/3.2\/44-146.29","metadata":false},{"id":72455,"structure_id":14302,"section_number":"44-146.29:1","catch_line":"Expired","url":"\/44-146.29_1\/","token":"44\/3.2\/44-146.29_1","metadata":false},{"id":70917,"structure_id":14302,"section_number":"44-146.29:3","catch_line":"Emergency Shelters Upgrade Assistance Grant Fund","url":"\/44-146.29_3\/","token":"44\/3.2\/44-146.29_3","metadata":false},{"id":84353,"structure_id":14302,"section_number":"44-146.29:4","catch_line":"Disconnection suspension for certain utilities","url":"\/44-146.29_4\/","token":"44\/3.2\/44-146.29_4","metadata":false}],"previous_section":{"id":75418,"structure_id":14302,"section_number":"44-146.28","catch_line":"Authority of Governor and agencies under his control in declared state of emergency","url":"\/44-146.28\/","token":"44\/3.2\/44-146.28","metadata":false},"next_section":{"id":86962,"structure_id":14302,"section_number":"44-146.28:2","catch_line":"Disaster relief assistance by out-of-state businesses and employees","url":"\/44-146.28_2\/","token":"44\/3.2\/44-146.28_2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/44-146.28:1\/","history_text":"<p>This law was first created in 1995. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?951+ful+CHAP0280\">280<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":59551,"section_number":"65.2-101","catch_line":"Definitions","order_by":null,"url":"\/65.2-101\/"}],"refers_to":false,"permalink":{"id":222397,"object_type":"law","relational_id":83794,"identifier":"44-146.28:1","token":"44\/3.2\/44-146.28_1","url":"\/44-146.28_1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/44-146.28_1\/","token":"44\/3.2\/44-146.28_1","dublin_core":{"Title":"Compact enacted into law; terms","Type":"Text","Format":"text\/html","Identifier":"\u00a7 44-146.28:1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>The <span class=\"dictionary\">Emergency<\/span> Management Assistance Compact is hereby enacted into <span class=\"dictionary\">law<\/span> and entered into by the Commonwealth of Virginia with all other <span class=\"dictionary\">states<\/span> legally joining therein, in the form substantially as follows:\n\t\t<span class=\"dictionary\">EMERGENCY<\/span> MANAGEMENT ASSISTANCE COMPACT\n\t\tARTICLE I. PURPOSE AND AUTHORITIES.\n\t\tThis compact is made and entered into by and between the participating member <span class=\"dictionary\">states<\/span> which enact this compact, hereinafter called <span class=\"dictionary\">party<\/span> <span class=\"dictionary\">states<\/span>. For the purposes of this compact, the term &#8220;<span class=\"dictionary\">states<\/span>&#8221; is taken to mean the several <span class=\"dictionary\">states<\/span>, the Commonwealth of Puerto Rico, the District of Columbia, and all U.S. territorial <span class=\"dictionary\">possessions<\/span>.\n\t\tThe purpose of this compact is to provide for mutual assistance between the <span class=\"dictionary\">states<\/span> entering into this compact in managing any <span class=\"dictionary\">emergency<\/span> or <span class=\"dictionary\">disaster<\/span> that is duly declared by the Governor of the affected state, whether arising from natural <span class=\"dictionary\">disaster<\/span>, technological hazard, man-made <span class=\"dictionary\">disaster<\/span>, civil <span class=\"dictionary\">emergency<\/span> aspects of resources shortages, community disorders, insurgency, or enemy attack.\n\t\tThis compact shall also provide for mutual cooperation in <span class=\"dictionary\">emergency<\/span>-related exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by <span class=\"dictionary\">party<\/span> <span class=\"dictionary\">states<\/span> or subdivisions of <span class=\"dictionary\">party<\/span> <span class=\"dictionary\">states<\/span> during emergencies, such actions occurring outside actual declared <span class=\"dictionary\">emergency<\/span> periods. Mutual assistance in this compact may include the use of the <span class=\"dictionary\">states<\/span>&#8217; National Guard forces, either in accordance with the National Guard Mutual Assistance Compact or by mutual agreement between <span class=\"dictionary\">states<\/span>.\n\t\tARTICLE II. GENERAL IMPLEMENTATION.\n\t\tEach <span class=\"dictionary\">party<\/span> 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 <span class=\"dictionary\">emergency<\/span>. This is because few, if any, <span class=\"dictionary\">individual<\/span> <span class=\"dictionary\">states<\/span> have all the resources they may need in all types of emergencies or the capability of delivering resources to areas where emergencies exist.\n\t\tThe prompt, full, and effective utilization of resources of the participating <span class=\"dictionary\">states<\/span>, 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 <span class=\"dictionary\">emergency<\/span> or <span class=\"dictionary\">disaster<\/span> declared by a <span class=\"dictionary\">party<\/span> state, shall be the underlying principle on which all articles of this compact shall be understood.\n\t\tOn behalf of the Governor of each state participating in the compact, the legally designated state official who is assigned responsibility for <span class=\"dictionary\">emergency<\/span> management will be responsible for formulation of the appropriate interstate mutual aid plans and procedures necessary to implement this compact.\n\t\tARTICLE III. <span class=\"dictionary\">PARTY<\/span> STATE RESPONSIBILITIES.<\/p><\/section>\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> It shall be the responsibility of each <span class=\"dictionary\">party<\/span> 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 <span class=\"dictionary\">party<\/span> <span class=\"dictionary\">states<\/span>, insofar as practical, shall: <a id=\"paragraph-300359\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/44-146.28_1\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Review <span class=\"dictionary\">individual<\/span> state hazards analyses and, to the extent reasonably possible, determine all those potential emergencies the <span class=\"dictionary\">party<\/span> <span class=\"dictionary\">states<\/span> might jointly suffer, whether due to natural <span class=\"dictionary\">disaster<\/span>, technological hazard, man-made <span class=\"dictionary\">disaster<\/span>, <span class=\"dictionary\">emergency<\/span> aspects of resources shortages, civil disorders, insurgency, or enemy attack; <a id=\"paragraph-300360\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/44-146.28_1\/#A1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> Review <span class=\"dictionary\">party<\/span> <span class=\"dictionary\">states<\/span>&#8217; <span class=\"dictionary\">individual<\/span> <span class=\"dictionary\">emergency<\/span> plans and develop a plan which will determine the mechanism for the interstate management and provision of assistance concerning any potential <span class=\"dictionary\">emergency<\/span>; <a id=\"paragraph-300361\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/44-146.28_1\/#A2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> Develop interstate procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans; <a id=\"paragraph-300362\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/44-146.28_1\/#A3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> Assist in warning communities adjacent to or crossing the state boundaries; <a id=\"paragraph-300363\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/44-146.28_1\/#A4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A5\" class=\"indent-1\"><p><span class=\"prefix-number\">5.<\/span> 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 <span class=\"dictionary\">material<\/span>; <a id=\"paragraph-300364\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/44-146.28_1\/#A5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A6\" class=\"indent-1\"><p><span class=\"prefix-number\">6.<\/span> Inventory and set procedures for the interstate loan and delivery of human and <span class=\"dictionary\">material<\/span> resources, together with procedures for reimbursement or forgiveness; and <a id=\"paragraph-300365\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/44-146.28_1\/#A6\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A7\" class=\"indent-1\"><p><span class=\"prefix-number\">7.<\/span> Provide, to the extent authorized by <span class=\"dictionary\">law<\/span>, for temporary suspension of any <span class=\"dictionary\">statutes<\/span> or <span class=\"dictionary\">ordinances<\/span> that restrict the implementation of the above responsibilities. <a id=\"paragraph-300366\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/44-146.28_1\/#A7\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> The authorized representative of a <span class=\"dictionary\">party<\/span> state may request assistance of another <span class=\"dictionary\">party<\/span> 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: <a id=\"paragraph-300367\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/44-146.28_1\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> A description of the <span class=\"dictionary\">emergency<\/span> service function for which assistance is needed, including, but not limited to, fire services, <span class=\"dictionary\">law<\/span> enforcement, <span class=\"dictionary\">emergency<\/span> 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; <a id=\"paragraph-300368\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/44-146.28_1\/#B1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> The amount and type of personnel, equipment, <span class=\"dictionary\">materials<\/span> and supplies needed, and a reasonable estimate of the length of time they will be needed; and <a id=\"paragraph-300369\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/44-146.28_1\/#B2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> The specific place and time for staging of the assisting <span class=\"dictionary\">party<\/span>&#8217;s response and a point of contact at that location. <a id=\"paragraph-300370\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/44-146.28_1\/#B3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> There shall be frequent consultation between state officials who have assigned emergency management responsibilities and other appropriate representatives of the <span class=\"dictionary\">party<\/span> <span class=\"dictionary\">states<\/span> with affected <span class=\"dictionary\">jurisdictions<\/span> and the United <span class=\"dictionary\">States<\/span> Government, with free exchange of information, plans, and resource records relating to emergency capabilities.\n\t\t\tARTICLE IV. LIMITATIONS.\n\t\t\tAny <span class=\"dictionary\">party<\/span> 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.\n\t\t\tEach <span class=\"dictionary\">party<\/span> state shall afford to the emergency forces of any <span class=\"dictionary\">party<\/span> state, while operating within its state limits under the terms and conditions of this compact, the same powers, except that of <span class=\"dictionary\">arrest<\/span> unless specifically authorized by the receiving state, duties, rights, and <span class=\"dictionary\">privileges<\/span> as are afforded forces of the state in which they are performing <span class=\"dictionary\">emergency services<\/span>. 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 <span class=\"dictionary\">emergency services<\/span> authorities of the state receiving assistance. These conditions may be activated, as needed, only subsequent to a declaration of a state emergency or <span class=\"dictionary\">disaster<\/span> by the governor of the <span class=\"dictionary\">party<\/span> 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 <span class=\"dictionary\">state of emergency<\/span> or <span class=\"dictionary\">disaster<\/span> remains in effect, or loaned resources remain in the receiving state, whichever is longer.\n\t\t\tARTICLE V. LICENSES AND PERMITS.\n\t\t\tWhenever any person holds a license, certificate, or other permit issued by any state <span class=\"dictionary\">party<\/span> to the compact evidencing the meeting of qualifications for professional, mechanical, or other skills, and when such assistance is requested by the receiving <span class=\"dictionary\">party<\/span> 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 <span class=\"dictionary\">disaster<\/span>, subject to such limitations and conditions as the Governor of the requesting state may prescribe by executive <span class=\"dictionary\">order<\/span> or otherwise.\n\t\t\tARTICLE VI. LIABILITY.\n\t\t\tOfficers or employees of a <span class=\"dictionary\">party<\/span> state rendering aid in another state pursuant to this compact shall be considered agents of the requesting state for <span class=\"dictionary\">tort<\/span> liability and immunity purposes. No <span class=\"dictionary\">party<\/span> 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 <span class=\"dictionary\">negligence<\/span>, or <span class=\"dictionary\">recklessness<\/span>.\n\t\t\tARTICLE VII. SUPPLEMENTARY AGREEMENTS.\n\t\t\tInasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more <span class=\"dictionary\">states<\/span> may differ from that among the <span class=\"dictionary\">states<\/span> that are <span class=\"dictionary\">party<\/span> hereto, this compact contains elements of a broad base common to all <span class=\"dictionary\">states<\/span>, and nothing herein shall preclude any state entering into supplementary agreements with another state or affect any other agreements already in force between <span class=\"dictionary\">states<\/span>. 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.\n\t\t\tARTICLE VIII. COMPENSATION.\n\t\t\tEach <span class=\"dictionary\">party<\/span> 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 <span class=\"dictionary\">sustain<\/span> 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.\n\t\t\tARTICLE IX. REIMBURSEMENT.\n\t\t\tAny <span class=\"dictionary\">party<\/span> state rendering aid in another state pursuant to this compact shall be reimbursed by the <span class=\"dictionary\">party<\/span> 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 <span class=\"dictionary\">party<\/span> 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 <span class=\"dictionary\">party<\/span> state without charge or cost; and provided further, that any two or more <span class=\"dictionary\">party<\/span> <span class=\"dictionary\">states<\/span> may enter into supplementary agreements establishing a different allocation of costs among those <span class=\"dictionary\">states<\/span>. Article VIII expenses shall not be reimbursable under this article.\n\t\t\tARTICLE X. EVACUATION.\n\t\t\tPlans for the orderly evacuation and interstate reception of portions of the civilian population as the result of any emergency or <span class=\"dictionary\">disaster<\/span> of sufficient proportions to so warrant, shall be worked out and maintained between the <span class=\"dictionary\">party<\/span> <span class=\"dictionary\">states<\/span> and the emergency management\/services directors of the various <span class=\"dictionary\">jurisdictions<\/span> 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 <span class=\"dictionary\">materials<\/span>, supplies, and all other relevant factors. Such plans shall provide that the <span class=\"dictionary\">party<\/span> state receiving evacuees and the <span class=\"dictionary\">party<\/span> 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 <span class=\"dictionary\">party<\/span> state from which the evacuees come. After the termination of the emergency or <span class=\"dictionary\">disaster<\/span>, the <span class=\"dictionary\">party<\/span> state from which the evacuees come shall assume the responsibility for the ultimate support of repatriation of such evacuees.\n\t\t\tARTICLE XI. IMPLEMENTATION. <a id=\"paragraph-300371\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/44-146.28_1\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> This compact shall become effective immediately upon its enactment into <span class=\"dictionary\">law<\/span> by any two <span class=\"dictionary\">states<\/span>. Thereafter, this compact shall become effective as to any other state upon enactment by such state. <a id=\"paragraph-300372\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/44-146.28_1\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Any <span class=\"dictionary\">party<\/span> state may withdraw from this compact by enacting a <span class=\"dictionary\">statute<\/span> 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 <span class=\"dictionary\">party<\/span> <span class=\"dictionary\">states<\/span>. Such action shall not relieve the withdrawing state from obligations assumed hereunder prior to the effective date of withdrawal. <a id=\"paragraph-300373\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/44-146.28_1\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> 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 <span class=\"dictionary\">party<\/span> <span class=\"dictionary\">states<\/span> and with the Federal Emergency Management Agency and other appropriate agencies of the United <span class=\"dictionary\">States<\/span> Government.\n\t\t\tARTICLE XII. VALIDITY.\n\t\t\tThis 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.\n\t\t\tARTICLE XIII. ADDITIONAL PROVISIONS.\n\t\t\tNothing 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 <span class=\"dictionary\">law<\/span> 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 <span class=\"dictionary\">States<\/span> Code. <a id=\"paragraph-300374\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/44-146.28_1\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nCOMPACT ENACTED INTO LAW; TERMS (\u00a7 44-146.28:1)\n\nThe Emergency Management Assistance Compact is hereby enacted into law and\nentered into by the Commonwealth of Virginia with all other states legally\njoining therein, in the form substantially as follows:\n\t\tEMERGENCY MANAGEMENT ASSISTANCE COMPACT\n\t\tARTICLE I. PURPOSE AND AUTHORITIES.\n\t\tThis compact is made and entered into by and between the participating member\nstates which enact this compact, hereinafter called party states. For the\npurposes of this compact, the term &#8220;states&#8221; is taken to mean the\nseveral states, the Commonwealth of Puerto Rico, the District of Columbia, and\nall U.S. territorial possessions.\n\t\tThe purpose of this compact is to provide for mutual assistance between the\nstates entering into this compact in managing any emergency or disaster that is\nduly declared by the Governor of the affected state, whether arising from\nnatural disaster, technological hazard, man-made disaster, civil emergency\naspects of resources shortages, community disorders, insurgency, or enemy\nattack.\n\t\tThis compact shall also provide for mutual cooperation in emergency-related\nexercises, testing, or other training activities using equipment and personnel\nsimulating performance of any aspect of the giving and receiving of aid by party\nstates or subdivisions of party states during emergencies, such actions\noccurring outside actual declared emergency periods. Mutual assistance in this\ncompact may include the use of the states&#8217; National Guard forces, either\nin accordance with the National Guard Mutual Assistance Compact or by mutual\nagreement between states.\n\t\tARTICLE II. GENERAL IMPLEMENTATION.\n\t\tEach party state entering into this compact recognizes that many emergencies\ntranscend political jurisdictional boundaries and that intergovernmental\ncoordination is essential in managing these and other emergencies under this\ncompact. Each state further recognizes that there will be emergencies which\nrequire immediate access and present procedures to apply outside resources to\nmake a prompt and effective response to such an emergency. This is because few,\nif any, individual states have all the resources they may need in all types of\nemergencies or the capability of delivering resources to areas where emergencies\nexist.\n\t\tThe prompt, full, and effective utilization of resources of the participating\nstates, including any resources on hand or available from the federal government\nor any other source, that are essential to the safety, care, and welfare of the\npeople in the event of any emergency or disaster declared by a party state,\nshall be the underlying principle on which all articles of this compact shall be\nunderstood.\n\t\tOn behalf of the Governor of each state participating in the compact, the\nlegally designated state official who is assigned responsibility for emergency\nmanagement will be responsible for formulation of the appropriate interstate\nmutual aid plans and procedures necessary to implement this compact.\n\t\tARTICLE III. PARTY STATE RESPONSIBILITIES.\n\nA. It shall be the responsibility of each party state to formulate procedural\nplans and programs for interstate cooperation in the performance of the\nresponsibilities listed in this article. In formulating such plans, and in\ncarrying them out, the party states, insofar as practical, shall:\n\n   1. Review individual state hazards analyses and, to the extent reasonably\n   possible, determine all those potential emergencies the party states might\n   jointly suffer, whether due to natural disaster, technological hazard,\n   man-made disaster, emergency aspects of resources shortages, civil disorders,\n   insurgency, or enemy attack;\n\n   2. Review party states&#8217; individual emergency plans and develop a plan\n   which will determine the mechanism for the interstate management and provision\n   of assistance concerning any potential emergency;\n\n   3. Develop interstate procedures to fill any identified gaps and to resolve\n   any identified inconsistencies or overlaps in existing or developed plans;\n\n   4. Assist in warning communities adjacent to or crossing the state boundaries;\n\n   5. Protect and assure uninterrupted delivery of services, medicines, water,\n   food, energy and fuel, search and rescue, and critical lifeline equipment,\n   services, and resources, both human and material;\n\n   6. Inventory and set procedures for the interstate loan and delivery of human\n   and material resources, together with procedures for reimbursement or\n   forgiveness; and\n\n   7. Provide, to the extent authorized by law, for temporary suspension of any\n   statutes or ordinances that restrict the implementation of the above\n   responsibilities.\n\nB. The authorized representative of a party state may request assistance of\nanother party state by contacting the authorized representative of that state.\nThe provisions of this compact shall only apply to requests for assistance made\nby and to authorized representatives. Requests may be verbal or in writing. If\nverbal, the request shall be confirmed in writing within thirty days of the\nverbal request. Requests shall provide the following information:\n\n   1. A description of the emergency service function for which assistance is\n   needed, including, but not limited to, fire services, law enforcement,\n   emergency medical, transportation, communications, public works and\n   engineering, building inspection, planning and information assistance, mass\n   care, resource support, health and medical services, and search and rescue;\n\n   2. The amount and type of personnel, equipment, materials and supplies needed,\n   and a reasonable estimate of the length of time they will be needed; and\n\n   3. The specific place and time for staging of the assisting party&#8217;s\n   response and a point of contact at that location.\n\nC. There shall be frequent consultation between state officials who have\nassigned emergency management responsibilities and other appropriate\nrepresentatives of the party states with affected jurisdictions and the United\nStates Government, with free exchange of information, plans, and resource\nrecords relating to emergency capabilities.\n\t\t\tARTICLE IV. LIMITATIONS.\n\t\t\tAny party state requested to render mutual aid or conduct exercises and\ntraining for mutual aid shall take such action as is necessary to provide and\nmake available the resources covered by this compact in accordance with the\nterms hereof; provided that it is understood that the state rendering aid may\nwithhold resources to the extent necessary to provide reasonable protection for\nsuch state.\n\t\t\tEach party state shall afford to the emergency forces of any party state,\nwhile operating within its state limits under the terms and conditions of this\ncompact, the same powers, except that of arrest unless specifically authorized\nby the receiving state, duties, rights, and privileges as are afforded forces of\nthe state in which they are performing emergency services. Emergency forces will\ncontinue under the command and control of their regular leaders, but the\norganizational units will come under the operational control of the emergency\nservices authorities of the state receiving assistance. These conditions may be\nactivated, as needed, only subsequent to a declaration of a state emergency or\ndisaster by the governor of the party state that is to receive assistance or\nupon commencement of exercises or training for mutual aid and shall continue so\nlong as the exercises or training for mutual aid are in progress, the state of\nemergency or disaster remains in effect, or loaned resources remain in the\nreceiving state, whichever is longer.\n\t\t\tARTICLE V. LICENSES AND PERMITS.\n\t\t\tWhenever any person holds a license, certificate, or other permit issued by\nany state party to the compact evidencing the meeting of qualifications for\nprofessional, mechanical, or other skills, and when such assistance is requested\nby the receiving party state, such person shall be deemed licensed, certified,\nor permitted by the state requesting assistance to render aid involving such\nskill to meet a declared emergency or disaster, subject to such limitations and\nconditions as the Governor of the requesting state may prescribe by executive\norder or otherwise.\n\t\t\tARTICLE VI. LIABILITY.\n\t\t\tOfficers or employees of a party state rendering aid in another state\npursuant to this compact shall be considered agents of the requesting state for\ntort liability and immunity purposes. No party state or its officers or\nemployees rendering aid in another state pursuant to this compact shall be\nliable on account of any act or omission in good faith on the part of such\nforces while so engaged or on account of the maintenance or use of any equipment\nor supplies in connection therewith. Good faith in this article shall not\ninclude willful misconduct, gross negligence, or recklessness.\n\t\t\tARTICLE VII. SUPPLEMENTARY AGREEMENTS.\n\t\t\tInasmuch as it is probable that the pattern and detail of the machinery for\nmutual aid among two or more states may differ from that among the states that\nare party hereto, this compact contains elements of a broad base common to all\nstates, and nothing herein shall preclude any state entering into supplementary\nagreements with another state or affect any other agreements already in force\nbetween states. Supplementary agreements may comprehend, but shall not be\nlimited to, provisions for evacuation and reception of injured and other persons\nand the exchange of medical, fire, police, public utility, reconnaissance,\nwelfare, transportation and communications personnel, and equipment and\nsupplies.\n\t\t\tARTICLE VIII. COMPENSATION.\n\t\t\tEach party state shall provide for the payment of compensation and death\nbenefits to injured members of the emergency forces of that state and\nrepresentatives of deceased members of such forces in case such members sustain\ninjuries or are killed while rendering aid pursuant to this compact, in the same\nmanner and on the same terms as if the injury or death were sustained within\ntheir own state.\n\t\t\tARTICLE IX. REIMBURSEMENT.\n\t\t\tAny party state rendering aid in another state pursuant to this compact shall\nbe reimbursed by the party state receiving such aid for any loss or damage to or\nexpense incurred in the operation of any equipment and the provision of any\nservice in answering a request for aid and for the costs incurred in connection\nwith such requests; provided, that any aiding party state may assume in whole or\nin part such loss, damage, expense, or other cost, or may loan such equipment or\ndonate such services to the receiving party state without charge or cost; and\nprovided further, that any two or more party states may enter into supplementary\nagreements establishing a different allocation of costs among those states.\nArticle VIII expenses shall not be reimbursable under this article.\n\t\t\tARTICLE X. EVACUATION.\n\t\t\tPlans for the orderly evacuation and interstate reception of portions of the\ncivilian population as the result of any emergency or disaster of sufficient\nproportions to so warrant, shall be worked out and maintained between the party\nstates and the emergency management\/services directors of the various\njurisdictions where any type of incident requiring evacuations might occur. Such\nplans shall be put into effect by request of the state from which evacuees come\nand shall include the manner of transporting such evacuees, the number of\nevacuees to be received in different areas, the manner in which food, clothing,\nhousing, and medical care will be provided, the registration of the evacuees,\nthe providing of facilities for the notification of relatives or friends, and\nthe forwarding of such evacuees to other areas or the bringing in of additional\nmaterials, supplies, and all other relevant factors. Such plans shall provide\nthat the party state receiving evacuees and the party state from which the\nevacuees come shall mutually agree as to reimbursement of out-of-pocket expenses\nincurred in receiving and caring for such evacuees, for expenditures for\ntransportation, food, clothing, medicines and medical care, and like items. Such\nexpenditures shall be reimbursed as agreed by the party state from which the\nevacuees come. After the termination of the emergency or disaster, the party\nstate from which the evacuees come shall assume the responsibility for the\nultimate support of repatriation of such evacuees.\n\t\t\tARTICLE XI. IMPLEMENTATION.\n\nA. This compact shall become effective immediately upon its enactment into law\nby any two states. Thereafter, this compact shall become effective as to any\nother state upon enactment by such state.\n\nB. Any party state may withdraw from this compact by enacting a statute\nrepealing the same, but no such withdrawal shall take effect until thirty days\nafter the Governor of the withdrawing state has given notice in writing of such\nwithdrawal to the Governors of all other party states. Such action shall not\nrelieve the withdrawing state from obligations assumed hereunder prior to the\neffective date of withdrawal.\n\nC. Duly authenticated copies of this compact and of such supplementary\nagreements as may be entered into shall, at the time of their approval, be\ndeposited with each of the party states and with the Federal Emergency\nManagement Agency and other appropriate agencies of the United States\nGovernment.\n\t\t\tARTICLE XII. VALIDITY.\n\t\t\tThis compact shall be construed to effectuate the purposes stated in Article\nI. If any provision of this compact is declared unconstitutional, or the\napplicability thereof to any person or circumstances is held invalid, the\nconstitutionality of the remainder of this compact and the applicability thereof\nto other persons and circumstances shall not be affected.\n\t\t\tARTICLE XIII. ADDITIONAL PROVISIONS.\n\t\t\tNothing in this compact shall authorize or permit the use of military force\nby the National Guard of a state at any place outside that state in any\nemergency for which the President is authorized by law to call into federal\nservice the militia, or for any purpose for which the use of the Army or the Air\nForce would in the absence of express statutory authorization be prohibited\nunder &#xA7; 1385 of Title 18 of the United States Code.\n\nHISTORY: 1995, c. 280.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}