RCW 38.52.091
Mutual aid and interlocal agreements—Requirements.
(1) The director of each local organization for emergency management may, in collaboration with other public and private agencies within this state, develop or cause to be developed mutual aid arrangements for reciprocal emergency management aid and assistance in case of disaster too great to be dealt with unassisted. Such arrangements must be consistent with the state emergency management plan and program, and in time of emergency it is the duty of each local organization for emergency management to render assistance in accordance with the provisions of such mutual aid arrangements. The adjutant general shall maintain and distribute a mutual aid and interlocal agreement handbook.
(2) The adjutant general and the director of each local organization for emergency management may, subject to the approval of the governor, enter into mutual aid arrangements with emergency management agencies or organizations in other states for reciprocal emergency management aid and assistance in case of disaster too great to be dealt with unassisted. All such arrangements must contain the language and provisions in subsection (3) of this section.
(3) Mutual aid and interlocal agreements must include the following:
Purpose
The purpose must state the reason the mutual aid or interlocal agreement or compact is coordinated, the parties to the agreement or compact, and the assistance to be provided.
Authorization
Article I, section 10 of the Constitution of the United States permits a state to enter into an agreement or compact with another state, subject to the consent of Congress. Congress, through enactment of Title 50 U.S.C. Sections 2281(g), 2283 and the Executive Department, by issuance of Executive Orders No. 10186 of December 1, 1950, encourages the states to enter into emergency, disaster and civil defense mutual aid agreements or pacts.
Implementation
The conditions that guide the agreement or compacts may include, but are not limited to:
(a) A statement of which authority or authorities are authorized to request and receive assistance and the conditions that must exist for the request or receipt of assistance.
(b) A statement of how the requests for assistance may be made, what documentation of the request is required, the specifics of any details included in the request, and the required approval for the request.
(c) A statement of the direction and control relationship between the personnel and equipment provided by the jurisdiction to the requester and the requirements of the requester to coordinate the activities of the jurisdiction providing the assets.
(d) A statement of the circumstances by which the assisting jurisdiction may withdraw support from the requester and the method by which this is to be communicated.
General Fiscal Provisions
The terms of reimbursement must be stated defining the relationship between the requesting jurisdiction and the aiding jurisdiction, when reimbursement will be made, and details of the claim for reimbursement. The provisions may include statements that discuss but are not limited to:
(a) A statement of what costs are incurred by the requesting jurisdiction.
(b) A statement of what costs and compensation benefits are made to individuals from the aiding jurisdiction by the requesting jurisdiction.
Privileges and Immunities
The conditions and immunities that are enjoyed by the individuals from the aiding jurisdiction to the requesting jurisdiction must be stated. These provisions may include but are not limited to:
(a) A statement of the privileges and immunities from liability and the law an employee of a supporting jurisdiction enjoys while supporting the requesting jurisdiction.
(b) A statement of the privileges and immunities from liability and the law a volunteer from a supporting jurisdiction enjoys while supporting the requesting jurisdiction.
(c) A statement on the use of the national guard between the requesting and supporting jurisdictions.
(d) A hold harmless agreement between the signatory jurisdictions.
(e) The precedence this agreement takes with existing agreements.
(f) A time line by which information required by the agreement is exchanged and updated annually.
(g) The time in which the agreement becomes effective.
(h) The time and conditions when a signatory may withdraw and render the agreement ineffective.
[ 1997 c 195 § 1.]
Structure Revised Code of Washington
Title 38 - Militia and Military Affairs
Chapter 38.52 - Emergency Management.
38.52.020 - Declaration of policy and purpose.
38.52.037 - Comprehensive state mine rescue plan—Submittal to legislature.
38.52.050 - Governor's general powers and duties.
38.52.073 - Communication plan status report—Life safety information communication report.
38.52.080 - Outside aid—Rights and liabilities—Claims.
38.52.091 - Mutual aid and interlocal agreements—Requirements.
38.52.100 - Appropriations—Acceptance of funds, services, etc.
38.52.105 - Disaster response account.
38.52.120 - Political activity prohibited.
38.52.140 - Status of civil service employee preserved.
38.52.150 - Orders, rules, regulations—Enforcement—Availability—Penalty.
38.52.160 - Matching funds from political subdivision may be required.
38.52.170 - Plan for federal area.
38.52.190 - Compensation for injury or death—Chapter exclusive.
38.52.195 - Exemption from liability while providing construction, equipment, or work.
38.52.1951 - Application of exemption from liability for architects and engineers.
38.52.200 - Liability for compensation is in lieu of other liability—Exception.
38.52.205 - Claims arising from emergency management related activities—Filing—Contents.
38.52.210 - Compensation boards—Established.
38.52.220 - Compensation boards—Meetings—Claims not necessitating board meeting.
38.52.230 - Compensation boards—Attendance of witnesses, oaths, rules—Members uncompensated.
38.52.240 - Compensation boards—Duties as to compensation applications.
38.52.250 - Compensation boards—Quorum—Transmittal of minutes, claims—Appeal to department.
38.52.260 - When compensation furnished.
38.52.270 - Minors entitled to benefits.
38.52.280 - Compensation and benefits limited by appropriation.
38.52.290 - Applicability of workers' compensation law.
38.52.300 - Right of action against third party.
38.52.310 - Coverage, classification, registration, of workers.
38.52.320 - Schedule of payments.
38.52.330 - Expenditures authorized—Claims, payment and disposition—Appeals.
38.52.340 - Benefits under other compensation plans.
38.52.350 - Benefits furnished under federal law—Reduction of state benefits.
38.52.360 - Medical, surgical or hospital treatment.
38.52.370 - Medical, surgical or hospital treatment—Reimbursement.
38.52.380 - State compensation denied if payment prevents federal benefits.
38.52.390 - Contracts or work on cost basis for emergency management activities.
38.52.400 - Search and rescue activities—Powers and duties of local officials.
38.52.420 - Model contingency plan for pollution control facilities and hazardous waste management.
38.52.500 - Statewide 911 telephone service—Finding.
38.52.501 - Statewide 911 emergency communications service—Findings.
38.52.505 - Statewide 911 emergency service—Automatic location identification—Rules.
38.52.520 - State 911 coordination office.
38.52.525 - State 911 coordination office—Public education materials.
38.52.531 - 911 advisory committee.
38.52.535 - State 911 coordination office and advisory committee—Uniform national standards.
38.52.545 - Priorities for 911 funding.
38.52.550 - Emergency communications systems and information—Immunity from civil liability.
38.52.920 - Repeal and saving.
38.52.930 - Transfer of powers, duties, and functions to state military department.
38.52.940 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.