                                 CODE OF VIRGINIA

COMPACT ENACTED INTO LAW; TERMS (§ 44-54.1)

The National Guard Mutual 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:
		NATIONAL GUARD MUTUAL ASSISTANCE COMPACT
		Article I. Purposes.
		The purposes of this compact are to:

1. Provide for mutual aid among the party states in the utilization of the
national guard to cope with emergencies.

2. Permit and encourage a high degree of flexibility in the deployment of
national guard forces in the interest of efficiency.

3. Maximize the effectiveness of the national guard in those situations which
call for its utilization under this compact.

4. Provide protection for the rights of national guard personnel when serving in
other states on emergency duty.
			Article II. Entry into Force and Withdrawal.

   a. This compact shall enter into force when enacted into law by any two
   states. Thereafter, this compact shall become effective as to any other state
   upon its enactment thereof.

   b. Any party state may withdraw from this compact by enacting a statute
   repealing the same, but no such withdrawal shall take effect until one year
   after the governor of the withdrawing state has given notice in writing of
   such withdrawal to the governors of all other party states.
   				Article III. Mutual Aid.

   a. As used in this article:

1. &#8220;Emergency&#8221; means an occurrence or condition, temporary in
nature, in which police and other public safety officials and locally available
national guard forces are, or may reasonably be expected to be, unable to cope
with substantial and imminent danger to the public safety.

2. &#8220;Requesting state&#8221; means the state whose governor requests
assistance in coping with an emergency.

3. &#8220;Responding state&#8221; means the state furnishing aid, or requested
to furnish aid.

   b. Upon request of the governor of a party state for assistance in an
   emergency, the governor of a responding state shall have authority under this
   compact to send without the borders of his state and place under the temporary
   command of the appropriate national guard or other military authorities of the
   requesting state all or any part of the national guard forces of his state as
   he may deem necessary, and the exercise of his discretion in this regard shall
   be conclusive.

   c. The governor of a party state may withhold the national guard forces of his
   state from such use and recall any forces or part or member thereof previously
   deployed in a requesting state.

   d. Whenever national guard forces of any party state are engaged in another
   state in carrying out the purposes of this compact, the members thereof so
   engaged shall have the same powers, duties, rights, privileges and immunities
   as members of national guard forces in such other state. The requesting state
   shall save members of the national guard forces of responding states harmless
   from civil liability for acts or omissions in good faith which occur in the
   performance of their duty while engaged in carrying out the purposes of this
   compact, whether the responding forces are serving the requesting state within
   its borders or are in transit to or from such service.

   e. Subject to the provisions of paragraphs (f), (g) and (h) of this article,
   all liability that may arise under the laws of the requesting state, the
   responding state, or a third state on account of or in connection with a
   request for aid, shall be assumed and borne by the requesting state.

   f. Any responding state rendering aid pursuant to this compact shall be
   reimbursed by the requesting state for any loss or damage to, or expense
   incurred in the operation of any equipment answering a request for aid, and
   for the cost of the materials, transportation and maintenance of national
   guard personnel and equipment incurred in connection with such request:
   Provided, that nothing herein contained shall prevent any responding state
   from assuming such loss, damage, expense or other cost.

   g. Each party state shall provide, in the same amounts and manner as if they
   were on duty within their state, for the pay and allowances of the personnel
   of its national guard units while engaged without the state pursuant to this
   compact and while going to and returning from such duty pursuant to this
   compact. Such pay and allowances shall be deemed items of expense reimbursable
   under paragraph (f) by the requesting state.

   h. Each party state providing for the payment of compensation and death
   benefits to injured members and the representatives of deceased members of its
   national guard forces in case such members sustain injuries or are killed
   within their own state, shall provide for the payment of compensation and
   death benefits in the same manner and on the same terms in case such members
   sustain injury or are killed while rendering aid pursuant to this compact.
   Such compensation and death benefits shall be deemed items of expense
   reimbursable pursuant to paragraph (f) of this article.
   				Article IV. Delegation.
   				Nothing in this compact shall be construed to prevent the governor of a
   party state from delegating any of his responsibilities or authority
   respecting the national guard, provided that such delegation is otherwise in
   accordance with law. For purposes of this compact, however, the governor shall
   not delegate the power to request assistance from another state.
   				Article V. Limitations.
   				Nothing in this compact shall:

1. Expand or add to the functions of the national guard, except with respect to
the jurisdictions within which such functions may be performed.

2. Authorize or permit national guard units to be placed under the field command
of any person not having the military or national guard rank or status required
by law for the field command position in question.
			Article VI. Construction and Severability.
			This compact shall be liberally construed so as to effectuate the purposes
thereof. The provisions of this compact shall be severable and if any phrase,
clause, sentence or provision of this compact is declared to be contrary to the
constitution of any state or of the United States or the applicability thereof
to any government, agency, person or circumstance is held invalid, the validity
of the remainder of this compact and the applicability thereof to any
government, agency, person or circumstance shall not be affected thereby. If
this compact shall be held contrary to the constitution of any state
participating herein, the compact shall remain in full force and effect as to
the remaining party states and in full force and effect as to the state affected
as to all severable matters.

HISTORY: 1968, c. 36.