Arizona Revised Statutes
Title 26 - Military Affairs and Emergency Management
§ 26-402 - Compact

26-402. Compact
The legislature of the state of Arizona hereby authorizes the governor of the state of Arizona to enter into a compact on behalf of the state of Arizona with any other state legally joining therein, in the form substantially as follows:
EMERGENCY MANAGEMENT ASSISTANCE COMPACT
ARTICLE I ̶ GENERAL PROVISIONS
This compact is made and entered into by and between the participating member states which enact this compact, hereinafter called party states. For the purposes of this agreement, the term " states" is taken to mean the several states, the Commonwealth of Puerto Rico, the District of Columbia and all U.S. territorial possessions.
The purpose of this compact is to provide for mutual assistance between the states entering into this compact in managing any emergency or disaster that is duly declared by the governor of the affected state, whether arising from natural disaster, technological hazard, man-made disaster, civil emergency aspects of resources shortages, community disorders, insurgency or enemy attack.
This compact shall also provide 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. Mutual assistance in this compact may include the use of the states' national guard forces, either in accordance with the national guard mutual assistance compact or by mutual agreement between states.
ARTICLE II ̶ GENERAL IMPLEMENTATION
Each party state entering into this compact recognizes many emergencies transcend political jurisdictional boundaries and that intergovernmental coordination is essential in managing these and other emergencies under this compact. Each state further recognizes that there will be emergencies which require immediate access and present procedures to apply outside resources to make a prompt and effective response to such an emergency. This is because few, if any, individual states have all the resources necessary for delivering services to areas where emergencies exist. The prompt, full and effective utilization of resources of the participating states, including any resources on hand or available from the federal government or any other source, that are essential to the safety, care and welfare of the people in the event of any emergency or disaster declared by a party state, shall be the underlying principle on which all articles of this compact shall be understood.
On behalf of the governor of each state participating in the compact, the legally designated state official who is assigned responsibility for emergency management will be responsible for formulation of the appropriate interstate mutual aid plans and procedures necessary to implement this compact.
ARTICLE III ̶ PARTY STATE RESPONSIBILITIES
A. It shall be the responsibility of each party state to formulate procedural plans and programs for interstate cooperation in the performance of the responsibilities listed in this article. In formulating such plans, and in carrying them out, the party states, insofar as practical, shall:
i. Review individual state hazards analyses and, to the extent reasonably possible, determine all those potential emergencies the party states might jointly suffer, whether due to natural disaster, technological hazard, man-made disaster, emergency aspects of resource shortages, civil disorders, insurgency or enemy attack.
ii. 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.
iii. Develop interstate procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans.
iv. Assist in warning communities adjacent to or crossing the state boundaries.
v. Protect and assure uninterrupted delivery of services, medicines, water, food, energy and fuel, search and rescue, and critical lifeline equipment, services and resources, both human and material.
vi. Inventory and set procedures for the interstate loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness.
vii. Provide, to the extent authorized by law, for temporary suspension of any statutes.
B. The authorized representative of a party state may request assistance of another party state by contacting the authorized representative of that state. The provisions of this agreement shall only apply to requests for assistance made by and to authorized representatives. Requests may be verbal or in writing. If verbal, the request shall be confirmed in writing within thirty days of the verbal request. Requests shall provide the following information:
i. A description of the emergency service function for which assistance is needed, such as but not limited to fire services, law enforcement, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue.
ii. The amount and type of personnel, equipment, materials and supplies needed, and a reasonable estimate of the length of time they will be needed.
iii. The specific place and time for staging of the assisting party's response and a point of contact at that location.
C. There shall be frequent consultation between state officials who have assigned emergency management responsibilities and other appropriate representatives of the party states with affected jurisdictions and the United States government, with free exchange of information, plans and resource records relating to emergency capabilities.
ARTICLE IV ̶ LIMITATIONS
Any party state requested to render mutual aid or conduct exercises and training for mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof; provided that it is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for such state. 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), duties, rights and privileges as are afforded forces of the state in which they are performing emergency services. Emergency forces 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 state receiving assistance. These conditions may be activated, as needed, only subsequent to a declaration of a state of emergency or disaster by the governor of the party state that is to receive assistance or commencement of exercises or training for mutual aid and shall continue so long as the exercises or training for mutual aid are in progress, the state of emergency or disaster remains in effect or loaned resources remain in the receiving state, whichever is longer.
ARTICLE V ̶ LICENSES AND PERMITS
Whenever any person holds a license, certificate or other permit issued by any state party to the compact evidencing the meeting of qualifications for professional, mechanical or other skills, and when such assistance is requested by the receiving party state, such person shall be deemed licensed, certified or permitted by the state requesting assistance to render aid involving such skill to meet a declared emergency or disaster, subject to such limitations and conditions as the governor of the requesting state may prescribe by executive order or otherwise.
ARTICLE VI ̶ ̶ LIABILITY
Officers or employees of a party state rendering aid in another state pursuant to this compact shall be considered agents of the requesting state for tort liability and immunity purposes; and no party state or its officers or employees rendering aid in another state pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith. Good faith in this article shall not include willful misconduct, gross negligence or recklessness.
ARTICLE VII ̶ SUPPLEMENTARY AGREEMENTS
Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more states may differ from that among the states that are party hereto, this instrument contains elements of a broad base common to all states, and nothing herein contained shall preclude any state from entering into supplementary agreements with another state or affect any other agreements already in force between states. Supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, and equipment and supplies.
ARTICLE VIII ̶ COMPENSATION
Each party state shall provide for the payment of compensation and death benefits to injured members of the emergency forces of that state and representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within their own state.
ARTICLE IX ̶ REIMBURSEMENT
Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to or expense incurred in the operation of any equipment and the provision of any service in answering a request for aid and for the costs incurred in connection with such requests; provided, that any aiding party state may assume in whole or in part such loss, damage, expense, or other cost, or may loan such equipment or donate such services to the receiving party state without charge or cost; and provided further, that any two or more party states may enter into supplementary agreements establishing a different allocation of costs among those states. Article VIII expenses shall not be reimbursable under this provision.
ARTICLE X ̶ EVACUATION
Plans for the orderly evacuation and interstate reception of portions of the civilian population as the result of any emergency or disaster of sufficient proportions to so warrant, shall be worked out and maintained between the party states and the emergency management/services directors of the various jurisdictions where any type of incident requiring evacuations might occur. Such plans shall be put into effect by request of the state from which evacuees come and shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends, and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. Such plans shall provide that the party state receiving evacuees and the party state from which the evacuees come shall mutually agree as to reimbursement of out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines and medical care, and like items. Such expenditures shall be reimbursed as agreed by the party state from which the evacuees come. After the termination of the emergency or disaster, the party state from which the evacuees come shall assume the responsibility for the ultimate support of repatriation of such evacuees.
ARTICLE XI ̶ IMPLEMENTATION
A. This compact shall become operative immediately upon its enactment into law by any two (2) states; thereafter, this compact shall become effective as to any other state upon its enactment by such state.
B. Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until thirty days after the governor of the withdrawing state has given notice in writing of such withdrawal to the governors of all other party states. Such action shall not relieve the withdrawing state from obligations assumed hereunder prior to the effective date of withdrawal.
C. Duly authenticated copies of this compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party states and with the federal emergency management agency and other appropriate agencies of the United States government.
ARTICLE XII ̶ VALIDITY
This act shall be construed to effectuate the purposes stated in article I hereof. If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of this act and the applicability thereof to other persons and circumstances shall not be affected thereby.
ARTICLE XIII ̶ ADDITIONAL PROVISIONS
Nothing in this compact shall authorize or permit the use of military force by the national guard of a state at any place outside that state in any emergency for which the president is authorized by law to call into federal service the militia, or for any purpose for which the use of the army or the air force would in the absence of express statutory authorization be prohibited under section 1385 of title 18, United States Code.

Structure Arizona Revised Statutes

Arizona Revised Statutes

Title 26 - Military Affairs and Emergency Management

§ 26-101 - Department of emergency and military affairs; organization; adjutant general; qualifications

§ 26-102 - Powers and duties of the adjutant general

§ 26-103 - Department of emergency and military affairs  employees; fingerprints; exemptions; definition

§ 26-104 - Assistant adjutants general; appointment; qualifications

§ 26-105 - Border security fund; exemption; reimbursement

§ 26-106 - Anti-human trafficking grant fund

§ 26-121 - Composition of militia; persons exempt

§ 26-122 - Components of militia

§ 26-123 - Maintenance of private troops prohibited; violation; classification

§ 26-124 - Service by members of unorganized militia; volunteers during emergency; enrollment; selection; organizing selectees

§ 26-125 - Procedure to claim exemption from service; duty of county recorder; review by adjutant general

§ 26-126 - Violations; classifications

§ 26-127 - Discharge

§ 26-151 - Acceptance of national defense act; adoption of other federal acts and regulations pertaining to national guard

§ 26-152 - National guard fund; camp Navajo fund

§ 26-153 - Morale, welfare and recreational fund; sources of monies; exemptions

§ 26-154 - Organizational structure of national guard

§ 26-155 - Enlistment; appointment of officers

§ 26-156 - Pay of personnel

§ 26-157 - Officer's uniform allowances

§ 26-158 - State active duty; employment benefits; travel allowances

§ 26-159 - Powers of commanding officers; defense of officer to action based on act or omission

§ 26-160 - Oaths or affirmations

§ 26-161 - Retirement; retention of commission after withdrawal of federal recognition

§ 26-162 - Discharge of officer; grounds and procedure

§ 26-163 - Discharge of enlisted personnel; grounds; type of discharge

§ 26-165 - Service medals

§ 26-166 - Immunity of national guard members on active duty: arrest; civil actions; exemption from jury duty

§ 26-167 - Employment discrimination against national guard members prohibited; physical or economic duress to deter enlistment prohibited; violation; classification

§ 26-168 - Absence from employment for military duty; vacation and seniority rights; violation; classification; definition

§ 26-168.01 - Excused military absences; higher education: definition

§ 26-169 - Discrimination against uniformed national guard members by public businesses prohibited; violation; classification

§ 26-170 - Unauthorized wearing of uniform; rank insignia; violation; classification

§ 26-171 - National guard training; inspection by department of defense; camp or field duty ordered by governor

§ 26-172 - Emergency mobilization; requests by municipalities for aid of national guard; mobilization into United States service

§ 26-173 - Payment of mobilization expenses

§ 26-174 - Arizona state guard; establishment; purpose; appropriations

§ 26-175 - Active duty tours for volunteers during peace time

§ 26-176 - Premiums on bonds of national guard officers

§ 26-177 - Opinions of attorney general

§ 26-178 - Illegal possession of equipment; classification

§ 26-179 - Tuition and fees reimbursement; eligibility; exemption

§ 26-180 - Application for tuition and fees reimbursement; times

§ 26-181 - Evaluation of applications; payment of tuition and fees reimbursement; report

§ 26-182 - National guard counterdrug and demand reduction activities; volunteers; drug enforcement support; assistance agreements

§ 26-183 - National guard cyber-attack prevention, response and support activities; cyber response revolving fund; purpose; exemption

§ 26-203 - Actions or proceedings against members of military courts prohibited

§ 26-204 - Powers of military court; attendance of witnesses and production of documents; process to law enforcement officers; presumption of jurisdiction

§ 26-205 - Duty of civil officers to execute process of military court

§ 26-206 - Charges against members of militia; service of charges and specifications; abatement of action

§ 26-207 - Attendance of accused at trial; order to compel attendance; service; trial in absence of accused; apprehension and imprisonment of accused; limitation

§ 26-208 - Time and place of confinement; payment of fine and disposition

§ 26-209 - Commitment of accused for failure to pay fine; warrant; length of confinement; judgment by justice of the peace based on findings of court-martial; execution; classification

§ 26-231 - Acquisition of property by national guard; surplus property of municipalities; acquisition by eminent domain; purchase; rent or lease; armory property fund

§ 26-232 - Protection of property

§ 26-233 - Loss or destruction of property by national guard member; determination of responsibility; payment of federal claims or for replacement property

§ 26-234 - Property and disbursing officer; appointment; duties

§ 26-251 - Acquisition of lands by United States for military purposes

§ 26-252 - Exclusive jurisdiction of United States over lands acquired for military purposes; termination of jurisdiction

§ 26-253 - Power of state to serve process upon land ceded United States for military purposes

§ 26-261 - Military affairs commission; confidential discussions and information; definition

§ 26-262 - Military installation fund; rules; application review; award and use of monies; reporting requirements; definitions

§ 26-263 - Appropriations; purposes; exemption

§ 26-301 - Definitions

§ 26-302 - General powers of governor

§ 26-303 - Emergency powers of governor; termination; authorization for adjutant general; limitation; extension; report; notices; appeals

§ 26-304 - State emergency council; membership; powers and duties; definition

§ 26-305 - Division of emergency management; duties; director; term; qualifications; compensation; emergency management training fund

§ 26-305.01 - Nuclear emergency plan; duties of division and director

§ 26-305.03 - Electromagnetic pulse preparedness recommendations; posting; definition

§ 26-306 - Powers and duties of the director of emergency management

§ 26-306.01 - Assessment on commercial nuclear generating stations

§ 26-306.02 - Nuclear emergency management fund; exemption; appropriation reduction

§ 26-307 - Power of counties, cities, towns and state agencies designated by the governor to make orders, rules and regulations; procedure

§ 26-308 - Powers of local government; local emergency management establishment; organization

§ 26-309 - Mutual aid; responsibilities of agencies and officials; agreements; definition

§ 26-310 - Use of professional skills

§ 26-311 - Local emergencies; declaration by mayor or chairman of the board; power of political subdivisions; state agency assistance

§ 26-312 - Authority of executive officers and governing bodies to accept materials or funds

§ 26-313 - Reimbursement to state agencies; use of state agency resources

§ 26-314 - Immunity of state, political subdivisions and officers, agents, employees and emergency workers; limitation; rules; definitions

§ 26-315 - Political activities prohibited

§ 26-316 - Enforcement of orders, rules and regulations

§ 26-317 - Violation; classification

§ 26-318 - Exemption from payment of registration and weight fees for vehicles owned by a disaster assistance organization; procedure; form

§ 26-319 - Commercial nuclear generating station; emergency planning zone; recording

§ 26-320 - First informer broadcasters; training and certification; access; definitions

§ 26-321 - State of emergency; tolling; permit, license, approval or other authorization; extension; requirements; exceptions; definitions

§ 26-401 - Title

§ 26-402 - Compact

§ 26-403 - Emergency management assistance compact revolving fund; purpose; exemption

§ 26-404 - Deployment of private sector workers to affected states; liability protection; definition

§ 26-1001 - Definitions

§ 26-1002 - Persons subject to the code

§ 26-1003 - Jurisdiction to try personnel

§ 26-1004 - Dismissed officer's right to trial by court-martial

§ 26-1005 - Territorial applicability

§ 26-1006 - State judge advocate; staff judge advocates

§ 26-1007 - Apprehension

§ 26-1008 - Apprehension of deserters

§ 26-1009 - Authority to order arrest

§ 26-1010 - Restraint of persons charged with offenses

§ 26-1011 - Receiving of prisoners at civilian correction facility; statement

§ 26-1013 - Punishment before trial; prohibition

§ 26-1014 - Delivery of offenders to civil authorities

§ 26-1015 - Commanding officer; nonjudicial punishments; appeal

§ 26-1016 - Courts-martial; classifications

§ 26-1017 - Jurisdiction of courts-martial; in general

§ 26-1018 - Jurisdiction of general courts-martial

§ 26-1019 - Jurisdiction of special courts-martial

§ 26-1020 - Jurisdiction of summary courts-martial

§ 26-1021 - Jurisdiction of courts-martial not exclusive

§ 26-1022 - Convening of general courts-martial

§ 26-1023 - Convening of special courts-martial

§ 26-1024 - Convening of summary courts-martial

§ 26-1025 - Service on courts-martial

§ 26-1026 - Military judge of a general or special court-martial

§ 26-1027 - Detail of trial counsel and defense counsel

§ 26-1028 - Detail or employment of reporters and interpreters

§ 26-1029 - Absent and additional members

§ 26-1030 - Charges and specifications

§ 26-1031 - Compulsory self-incrimination; prohibition

§ 26-1033 - Forwarding of charges

§ 26-1034 - Advice of staff judge advocate; reference for trial

§ 26-1035 - Service of charges

§ 26-1036 - Governor's rule making authority

§ 26-1037 - Unlawfully influencing action of court

§ 26-1038 - Duties of trial counsel and defense counsel

§ 26-1039 - Sessions

§ 26-1040 - Continuances

§ 26-1041 - Challenges

§ 26-1042 - Oaths

§ 26-1043 - Statute of limitations

§ 26-1044 - Former jeopardy

§ 26-1045 - Pleas of the accused

§ 26-1046 - Opportunity to obtain witnesses and other evidence

§ 26-1047 - Refusal to appear or testify

§ 26-1048 - Contempt

§ 26-1049 - Depositions

§ 26-1050 - Admissibility of records of courts of inquiry

§ 26-1051 - Voting and rulings

§ 26-1052 - Number of votes required

§ 26-1053 - Announcement of action

§ 26-1054 - Record of trial

§ 26-1055 - Sentences; reduction in enlisted grade on approval

§ 26-1056 - Maximum limits

§ 26-1057 - Effective date of sentences

§ 26-1058 - Execution of confinement

§ 26-1059 - Error of law; lesser included offense

§ 26-1060 - Action by the convening authority

§ 26-1061 - Withdrawal of appeal

§ 26-1062 - Appeal by the state

§ 26-1063 - Rehearings

§ 26-1064 - Review by judge advocate

§ 26-1065 - Disposition of records

§ 26-1067 - Court of military appeals; members; terms; compensation; duties; review; procedures

§ 26-1070 - Appellate counsel; civilian counsel

§ 26-1071 - Suspension of sentence

§ 26-1072 - Vacation of suspension

§ 26-1073 - Petition for a new trial

§ 26-1074 - Remission and suspension

§ 26-1075 - Restoration

§ 26-1076 - Finality of proceedings, findings and sentences

§ 26-1077 - Principals

§ 26-1078 - Accessory after the fact

§ 26-1079 - Conviction of lesser included offense

§ 26-1080 - Attempts

§ 26-1081 - Conspiracy

§ 26-1082 - Solicitation

§ 26-1083 - Fraudulent enlistment, appointment or separation

§ 26-1084 - Unlawful enlistment, appointment or separation

§ 26-1085 - Desertion

§ 26-1086 - Absence without leave

§ 26-1087 - Missing movement

§ 26-1088 - Contempt toward officials

§ 26-1089 - Disrespect toward superior commissioned officer

§ 26-1090 - Assaulting or willfully disobeying superior commissioned officer

§ 26-1091 - Insubordinate conduct toward warrant officer or noncommissioned officer

§ 26-1092 - Failure to obey order or rule

§ 26-1093 - Cruelty and maltreatment

§ 26-1094 - Mutiny or sedition

§ 26-1095 - Resistance, breach of arrest and escape

§ 26-1096 - Releasing prisoner without proper authority

§ 26-1097 - Unlawful detention

§ 26-1098 - Noncompliance with procedural rules

§ 26-1099 - Misbehavior in time of public danger; definition

§ 26-1103 - Captured or abandoned property

§ 26-1107 - False official statements

§ 26-1108 - Military property; loss, damage, destruction or wrongful disposition

§ 26-1109 - Property other than military property; waste, spoilage or destruction

§ 26-1110 - Improper hazarding of vessel or aircraft

§ 26-1111 - Drunken or reckless driving

§ 26-1112 - Drunk on duty

§ 26-1113 - Misbehavior of sentinel or lookout

§ 26-1114 - Dueling

§ 26-1115 - Malingering

§ 26-1116 - Riot or breach of peace

§ 26-1117 - Provoking speeches or gestures

§ 26-1118 - Wrongful use and possession of controlled substances

§ 26-1121 - Larceny and wrongful appropriation

§ 26-1123 - Forgery

§ 26-1124 - Making, drawing or uttering check, draft or order without sufficient monies; definition

§ 26-1127 - Extortion

§ 26-1128 - Assault

§ 26-1131 - Perjury

§ 26-1132 - Frauds against the United States

§ 26-1133 - Conduct unbecoming an officer and a gentleman

§ 26-1134 - General misconduct

§ 26-1135 - Courts of inquiry

§ 26-1137 - Articles; explanation

§ 26-1138 - Complaints of wrongs

§ 26-1139 - Redress of injuries to property

§ 26-1140 - Delegation by the governor