2023 Louisiana Laws › Revised Statutes › Title 29 - Military, Naval, and Veteran's Affairs › §29:739. Intrastate Mutual Aid Compact

RS 29:739 - Intrastate Mutual Aid Compact
A. Declaration of Intent; purpose
This state enacts into law the Intrastate Mutual Aid Compact, which is hereby established. The compact is and shall hereafter be in effect for any and all parishes in this state. The Intrastate Mutual Aid Compact is a system of intrastate mutual aid between parishes in the state, to provide and promote mutual assistance among the parishes in the prevention of, response to, and recovery from, an emergency or disaster, as defined in R.S. 29:723, occurring in a parish, or any other event that exceeds a parish's capability or resources. The system shall also provide for mutual cooperation among the parishes in conducting disaster related exercises, testing, or other training activities outside actual emergency periods. This legislation does not mandate that a parish provide assistance when requested, nor does it preclude parishes from entering into supplemental agreements with other parishes pursuant to R.S. 29:730 and 730.1 and does not affect any other agreement to which a parish may currently be a party, or decide to be a party.
B. Immunity
The provisions of R.S. 29:735 shall apply to personnel responding to requests for assistance under this Act.
C. Definitions
As used in this Section, "first responder" refers to those individuals who in the early stages of an incident are responsible for the protection and preservation of life, property, evidence, and the environment, including emergency response providers as defined in Section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101), as well as emergency management, public health, clinical care, public works, and other skilled support personnel, such as equipment operators that provide immediate support services during prevention, response, and recovery operations consistent with Homeland Security Presidential Directive 8.
D. Establishment of an Intrastate Mutual Aid Subcommittee
(1) An Intrastate Mutual Aid Subcommittee is hereby established and shall be composed of the following members:
(a) President of the Louisiana Sheriffs' Association, Inc., or his designee.
(b) President of the Louisiana Association of Chiefs of Police, Inc., or his designee.
(c) President of the Louisiana Fire Chiefs Association, or his designee.
(d) Chair of the Regional Parish Homeland Security and Emergency Preparedness Directors Committee, or his designee.
(e) State fire marshal, or his designee.
(f) The deputy secretary of the Department of Public Safety and Corrections, public safety services, or his designee.
(g) The director of the Governor's Office of Homeland Security and Emergency Preparedness, or his designee.
(h) The president of the Police Jury Association of Louisiana, or his designee.
(i) The president of the Louisiana Municipal Association, or his designee.
(2) The chairman of the subcommittee shall be appointed by the director of the Governor's Office of Homeland Security and Emergency Preparedness. All remaining officers shall be elected by and from the membership of the subcommittee.
(3) Members of the subcommittee shall be entitled to be reimbursed for actual expenses for travel consistent with allowances for state classified employees approved by the chairman of the subcommittee, if funding is available.
(4) The subcommittee shall meet at regular intervals at the direction of the chairman.
(5) It shall be the subcommittee's responsibility to do the following:
(a) Review the progress and status of providing statewide mutual aid in times of disaster.
(b) Assist in developing methods to track and evaluate the activation of the mutual aid system.
(c) Examine issues facing participating parishes regarding the implementation of this compact.
(6) The subcommittee shall prepare an annual report on the condition and effectiveness of mutual aid in the state, make recommendations for correcting any deficiencies, and submit that report to the governor and the Joint House and Senate Select Committees on Homeland Security.
(7) The subcommittee shall make recommendations to the Governor's Office of Homeland Security and Emergency Preparedness on comprehensive guidelines and procedures including but not limited to the following:
(a) Projected or anticipated costs.
(b) Checklists for requesting and providing assistance.
(c) Recordkeeping for all parishes.
(d) Reimbursement procedures.
(e) Any necessary implementation elements such as forms for requests and other records documenting deployment and return of assets.
E. Implementations; limitations
(1) A parish may request assistance of any other parish in preventing, mitigating, responding to, and recovering from emergencies or disasters as defined in R.S. 29:723, in an event that exceeds a parish's capability or resources, or in concert with authorized drills or exercises. Requests for assistance shall be made through the Office of Emergency Preparedness of the requesting parish and directed to the Office of Emergency Preparedness of the responding parish. Requests shall be in writing and reported to the Governor's Office of Homeland Security and Emergency Preparedness as soon as is practicable. Nothing in this Section shall be interpreted to impair the authority of the parish president with regard to his powers during a declared emergency.
(2) The Governor's Office of Homeland Security and Emergency Preparedness may request assistance from any parish for the purpose of establishing a pre-positioned cache of resources in order to expedite requests in the wake of an anticipated disaster and may also request resources from any parish in order to help fill requests for assistance received from other states as part of a national mutual aid system.
(3) The Governor's Office of Homeland Security and Emergency Preparedness shall, in coordination with the Intrastate Mutual Aid Subcommittee, develop guidance and procedures governing the implementation of this Section in accordance with the Administrative Procedure Act.
(4) The obligation of the responding parish to provide assistance is subject to the following limitations:
(a) First responders of a responding parish shall remain subject to recall by their responding jurisdiction, will continue to utilize their customary skills and techniques, and standard operating procedures to include medical procedures and protocols, and other procedures and protocols, but shall be under the direction and control of the appropriate officials within the incident management system of the parish receiving the assistance.
(b) Assets and equipment of a responding parish shall remain subject to recall by their responding jurisdiction, but shall be under the direction and control of the appropriate officials within the incident management system of the parish receiving the assistance.
F. Reimbursements
A request for reimbursement shall be in accordance with procedures developed by the Intrastate Mutual Aid Subcommittee.
G. License; certificate; permit portability
If a person or entity holds a license, certificate, or other permit issued by a parish or the state evidencing qualification in a professional, mechanical, or other skill, and the assistance of that person or entity is requested by a parish, the person or entity shall be deemed to be licensed, certified, or permitted in the parish requesting assistance for the duration of the event and subject to any limitations and conditions the chief executive of the parish receiving the assistance may prescribe by executive order or otherwise.
H. Workers' Compensation
Personnel authorized by their employer to respond to an event who sustain injury or death in the course and scope of their employment remain entitled to all applicable benefits normally available pursuant to their employment even though they may be under the direction and control of another governmental entity.
Acts 2010, No. 1035, §1.