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Session Laws, 1981
Volume 741, Page 805   View pdf image
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HARRY HUGHES, Governor

805

(3) "Responding state" 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.

 

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Session Laws, 1981
Volume 741, Page 805   View pdf image
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