The Vermont Statutes Online

Title 20 : Internal Security and Public Safety

Chapter 004 : Emergency Management Assistance Compact

• § 112. Additional provisions — Article X

  (a) Nothing in this Compact shall be construed to authorize or permit the use of military force by the National Guard of any state outside that state for a disaster or emergency for which the President of the United States is authorized to call federal forces into service, or for any purpose for which the use of the U.S. Army or Air Force would in the absence of express statutory authorization be prohibited under 18 U.S.C. § 1385.

  (b) The director of the Vermont emergency management service shall be the authorized representative in regard to a request from a party state or by Vermont for aid that does not involve personnel or elements of the Vermont National Guard.

  (c) The Adjutant General shall be the authorized representative for any requests from a party state or Vermont for aid involving the Vermont National Guard personnel or elements.

  (d) The director of Vermont emergency management shall be responsible for handling any and all documents necessary to obtain reimbursement hereunder for services rendered to a requesting state, or within Vermont by another assisting state.

  (e) If the Attorney General determines that the liability or tort protections of a party state are inferior to those afforded to emergency or military personnel in Vermont, the requesting party state shall indemnify and hold harmless Vermont personnel for any tort or other liability for their acts or omissions related to providing aid pursuant to this Compact in the requesting party state.

  (f) This section and 20 V.S.A. § 81 shall be read and construed to complement and not conflict with existing interstate compacts regarding hazardous waste and nuclear incidents. (Added 1999, No. 138 (Adj. Sess.), § 1.)