KRS § 149.310 — KY Code / Title XII / Chapter 149 / Section 149.310
149.310 Southeastern Interstate Forest Fire Protection Compact
Status: in_force

149.310 Southeastern Interstate Forest Fire Protection Compact.

The Governor, on behalf of the Commonwealth of Kentucky, is hereby authorized to

execute a compact in substantially the following form, with any one or more of the States

of Alabama, Florida, Georgia, Mississippi, North Carolina, South Carolina, Tennessee,

Virginia and West Virginia, and the General Assembly hereby signifies in advance its

approval and ratification of such compact:

SOUTHEASTERN INTERSTATE FOREST FIRE PROTECTION COMPACT

ARTICLE I.

The purpose of this compact is to promote effective prevention and control of forest

fires in the Southeastern region of the United States by the development of integrated

forest fire plans, by the maintenance of adequate forest fire fighting services by the

member states, by providing for mutual aid in fighting forest fires among the compacting

states of the region and with states which are party to other Regional Forest Fire

Protection compacts or agreements, and for more adequate forest protection.

ARTICLE II.

This compact shall become operative immediately as to those states ratifying it

whenever any two or more of the States of Alabama, Florida, Georgia, Kentucky,

Mississippi, North Carolina, South Carolina, Tennessee, Virginia, and West Virginia,

which are contiguous have ratified it and Congress has given consent thereto. Any state

not mentioned in this article which is contiguous with any member state may become a

party to this compact, subject to approval by the legislature of each of the member states.

ARTICLE III.

In each state, the state forester or officer holding the equivalent position who is

responsible for forest fire control shall act as compact administrator for that state and

shall consult with like officials of the other member states and shall implement

cooperation between such states in forest fire prevention and control.

The compact administrators of the member states shall coordinate the services of

the member states and provide administrative integration in carrying out the purposes of

this compact.

There shall be established an advisory committee of legislators, forestry

commission representatives, and forestry or forest products industries representatives

which shall meet from time to time with the compact administrators. Each member state

shall name one member of the Senate and one member of the House of Representatives

who shall be designated by that state's commission on interstate cooperation, or if said

commission cannot constitutionally designate the said members, they shall be designated

in accordance with laws of that state; and the Governor of each member state shall

appoint two representatives, one of whom shall be associated with forestry or forest

products industries to comprise the membership of the advisory committee. Action shall

be taken by a majority of the compacting states, and each state shall be entitled to one

vote.

The compact administrators shall formulate and, in accordance with need, from

time to time, revise a regional forest fire plan for the member states.

It shall be the duty of each member state to formulate and put in effect a forest fire

plan for that state and take such measures as may be necessary to integrate such forest fire

plan with the regional forest fire plan formulated by the compact administrators.

ARTICLE IV.

Whenever the state forest fire control agency of a member state requests aid from

the state forest fire control agency of any other member state in combating, controlling or

preventing forest fires, it shall be the duty of the state forest fire control agency of that

state to render all possible aid to the requesting agency which is consonant with the

maintenance of protection at home.

ARTICLE V.

Whenever the forces of any member states are rendering outside aid pursuant to the

request of another member state under this compact, the employees of such state shall,

under the direction of the officers of the state to which they are rendering aid, have the

same powers (except the power of arrest), duties, rights, privileges and immunities as

comparable employees of the state to which they are rendering aid.

No member state or its officers or employees rendering outside aid pursuant to this

compact shall be liable on account of any act or omission 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: provided, that nothing herein shall be construed as relieving any

person from liability for his own negligent act or omission, or as imposing liability for

such negligent act or omission upon any state.

All liability, except as otherwise provided hereinafter, that may arise either under

the laws of the requesting state or under the laws of the aiding state or under the laws of a

third state on account of or in connection with a request for aid, shall be assumed and

borne by the requesting state.

Any member state rendering outside aid pursuant to this compact shall be

reimbursed by the member state receiving such aid 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

all materials, transportation, wages, salaries, and subsistence of employees and

maintenance of equipment incurred in connection with such request: provided, that

nothing herein contained shall prevent any assisting member state from assuming such

loss, damage, expense or other cost or from loaning such equipment or from donating

such service to the receiving member state without charge or cost.

Each member state shall provide for the payment of compensation and death

benefits to injured employees and the representatives of deceased employees in case

employees sustain injuries or are killed while rendering outside aid pursuant to this

compact, in the same manner and on the same terms as if the injury or death were

sustained within such state.

For the purposes of this compact the term employee shall include any volunteer or

auxiliary legally included within the forest firefighting forces of the aiding state under the

laws thereof.

The compact administrators shall formulate procedures for claims and

reimbursement under the provisions of this article, in accordance with the laws of the

member states.

ARTICLE VI.

Ratification of this compact shall not be construed to affect any existing statute so

as to authorize or permit curtailment or diminution of the forest firefighting forces,

equipment, services or facilities of any member state.

Nothing in this compact shall be construed to limit or restrict the powers of any

state ratifying the same to provide for the prevention, control and extinguishment of

forest fires, or to prohibit the enactment or enforcement of state laws, rules or regulations

intended to aid in such prevention, control and extinguishment in such state.

Nothing in this compact shall be construed to affect any existing or future

cooperative relationship or arrangement between any federal agency and a member state

or states.

ARTICLE VII.

The compact administrators may request the United States Forest Service to act as a

research and coordinating agency of the Southeastern Interstate Forest Fire Protection

Compact in cooperation with the appropriate agencies in each state, and the United States

Forest Service may accept responsibility for preparing and presenting to the compact

administrators its recommendations with respect to the regional fire plan. Representatives

of any federal agency engaged in forest fire prevention and control may attend meetings

of the compact administrators.

ARTICLE VIII.

The provisions of Articles IV and V of this compact which relate to mutual aid in

combating, controlling or preventing forest fires shall be operative as between any state

party to this compact and any other state which is party to a regional forest fire protection

compact in another region: provided, that the legislature of such other state shall have

given its assent to such mutual aid provisions of this compact.

ARTICLE IX.

This compact shall continue in force and remain binding on each state ratifying it

until the legislature or the Governor of such state, as the law of such state shall provide,

takes action to withdraw therefrom. Such action shall not be effective until six months

after notice thereof has been sent by the chief executive of the state desiring to withdraw

to the chief executives of all states then parties to the compact.