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H.B. 293
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VETOES
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COMPACT, THE SAME POWERS, DUTIES, RIGHTS, AND PRIVILEGES AS ARE AFFORDED
THOSE OF THE JURISDICTION IN WHICH THEY ARE PERFORMING EMERGENCY
SERVICES.
(4) EMERGENCY RESPONDERS 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 REQUESTING JURISDICTION.
(5) EMERGENCY RESPONDERS SHALL HAVE THE SAME POWERS,
DUTIES, RIGHTS, AND PRIVILEGES AS PERSONNEL OF THE REQUESTING
JURISDICTION CORRESPONDENT TO PERFORMING THE SAME FUNCTION.
(6) (I) THE PROVISIONS OF THIS ARTICLE SHALL ONLY TAKE EFFECT:
1. SUBSEQUENT TO A LOCAL DECLARATION OF A STATE OF
EMERGENCY BY THE REQUESTING JURISDICTION; OR
2. UPON COMMENCEMENT OF EXERCISES, TESTING, OR
TRAINING FOR MUTUAL AID.
(ii) THE PROVISIONS OF THIS ARTICLE SHALL CONTINUE AS LONG
AS:
1. THE EXERCISES, TESTING, OR TRAINING FOR THE
MUTUAL AID ARE IN PROGRESS;
2. THE STATE OF EMERGENCY OR THE DISASTER REMAINS
IN EFFECT; OR
3. LOANED RESOURCES REMAIN IN THE RECEIVING
REQUESTING JURISDICTION.
ARTICLE 4.
LIABILITY
(D) (1) OFFICERS OR EMPLOYEES EMERGENCY RESPONDERS OF A PARTY
JURISDICTION RENDERING AID IN ANOTHER JURISDICTION PURSUANT TO THIS
COMPACT SHALL BE CONSIDERED AGENTS OF THE REQUESTING JURISDICTION FOR
TORT LIABILITY AND IMMUNITY PURPOSES.
(2) NO PARTY JURISDICTION OR ITS OFFICERS OR EMPLOYEES
EMERGENCY RESPONDERS RENDERING AID IN ANOTHER JURISDICTION PURSUANT
TO THIS COMPACT SHALL BE LIABLE ON ACCOUNT OF ANY ACT OR OMISSION IN
GOOD FAITH ON THE PART OF RESPONDING PERSONNEL WHILE SO ENGAGED OR ON
ACCOUNT OF THE MAINTENANCE OR USE OF ANY EQUIPMENT OR SUPPLIES IN
CONNECTION THEREWITH.
(3) GOOD FAITH IN THIS ARTICLE SHALL NOT INCLUDE WILLFUL
MISCONDUCT, GROSS NEGLIGENCE, OR RECKLESSNESS.
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- 5050 -
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