WHEREAS, the purpose of the Emergency Management Assistance Compact (EMAC) is to provide for mutual assistance between states entering into the compact in managing any emergency or disaster that is duly declared by the governor of the affected state or states, whether arising from natural disaster, technological hazard, man-made disaster, civil emergency, aspects of resource shortages, community disorders, insurgency, or enemy attack; and

WHEREAS, this compact also provides for mutual cooperation in emergency-related exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party states or subdivisions of party states during emergencies, such actions occurring outside actual declared emergency periods; and

WHEREAS, on behalf of the governor of each state participating in the compact, the legally designated state official who is assigned responsibility for emergency management has been deemed responsible for formulation of the appropriate interstate mutual aid plans and procedures necessary to implement this compact, and it is the responsibility of each party state to formulate procedural plans and programs for interstate cooperation in the performance of the responsibilities listed in the compact; and

WHEREAS, it is the designated state official's responsibility to review party states' individual emergency plans and develop a plan which will determine the mechanism for the interstate management and provision of assistance concerning any potential emergency; and

WHEREAS, each party state shall afford to the emergency forces of any party state, while operating within its state limits under the terms and conditions of this compact, the same powers except that of arrest, unless specifically authorized by the receiving state; and

WHEREAS, this request for mutual assistance, when it includes the use of the resources of a state or local law enforcement agency, must include and address the transference or granting of arrest powers and the use of weapons and deadly physical force to the law enforcement agencies of the providing state by the government of the receiving state; now, therefore, be it 

RESOLVED that the IACP duly assembled at its 121st Annual Conference in Orlando, Florida, supports the concepts of the Emergency Management Assistance Compact to facilitate law enforcement mutual aid assistance between states; and, be it

FURTHER RESOLVED that the IACP supports that the agencies most affected and best suited to discuss and address the issues related to powers of arrest, use of weapons and deadly physical force, tort liability, and legal immunity for police actions taken by assisting law enforcement agencies when assistance is requested are the lead law enforcement agencies of the involved states; and, be it

FURTHER RESOLVED that anytime that law enforcement resources are involved, the IACP supports the inclusion of the lead law enforcement agencies of both the requesting state(s) and providing state(s) in every step of the EMAC process including in the initial process of determining the appropriate level of assistance required, the intermediate process of preparing the required paperwork to make a formal EMAC request ("REQ-A") to insure that matters related to powers of arrest, the use of weapons and deadly physical force, and tort liability and legal immunity for police actions taken are given due consideration and are clearly outlined, agreed upon, and resolved in the written EMAC request prepared for the requesting Governor's signature, as well as in the deployment process to insure all accountability and documentation requirements are met.

Submitted by: Homeland Security Committee

CHS.003.T14