CHAPTER 36

An Act to enact an interstate compact known as the National Guard
Mutual Assistance Compact; to provide that the Commonwealth of
Virginia shall be a party to such compact; to provide for the pay-
ment of claims and to classify the status of members of National
Guard forces.

[H 289]

Approved February 16, 1968

Be it enacted by the General Assembly of Virginia:

1. § 1. The National Guard Mutual Assistance Compact is hereby en-
acted into law and entered into by the Commonwealth of Virginia with
all other states legally joining therein, in the form substantially as follows:

NATIONAL GUARD MUTUAL ASSISTANCE COMPACT
Article I. Purposes.

The purposes of this Compact are to:

1, Provide for mutual aid among the party States in the utilization
of the National Guard to cope with emergencies.

2. Permit and encourage a high degree of flexibility in the deployment
of National Guard forces in the interest of efficiency.

3. Maximize the effectiveness of the National Guard in those situa-
tions which call for its utilization under this Compact.

4. Provide protection for the rights of National Guard personnel
when serving in other States on emergency duty.

Article IJ. Entry Into Force and Withdrawal.

(a) This Compact shall enter into force when enacted into law by
any two States. Thereafter, this Compact shall become effective as to any
other state upon its enactment thereof.

(b) Any party State may withdraw from this Compact by enacting
a statute repealing the same, but no such withdrawal shall take effect
until one year after the Governor of the withdrawing State has given
i in writing of such withdrawal to the Governors of all other party

Ss.

Article III. Mutual Aid.

(a) As used in this Article:

1. “Emergency” means an occurrence or condition, temporary in na-
ture, in which police and other public safety officials and locally available
National Guard forces are, or may reasonably be expected to be, unable
to cope with substantial and imminent danger to the public safety.

2. “Requesting State” means the State whose Governor requests as-
sistance i in coping with an emergency

‘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 en-
gaged 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 connec-
oon wath a request for aid, shall be assumed and borne by the requesting

(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 re-
quest for aid, and for the cost of the materials, transportation and mainte-
nance 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 re-
questing State.

(h) Each party State providing for the payment of compensation
and death benefits to injured members and the representatives of deceased
members of its National Guard forces in case such members sustain in-
juries or are killed within their own State, shall provide for the payment
of compensation and death benefits in the same manner and on the same
terms in case such members sustain injury or are killed while rendering
aid pursuant to this Compact. Such compensation and death benefits shall
be deemed items of expense reimbursable pursuant to paragraph (f) of

this article.
Article IV. Delegation.

Nothing in this Compact shall be construed to prevent the Governor
of a party State from delegating any of his responsibilities or authority
respecting the National Guard, provided that such delegation is other-
wise in accordance with law. For purposes of this Compact, however,
the Governor shall not delegate the power to request assistance from

another State.
Article V. Limitations.

Nothing in this Compact shall:

1. Expand or add to the functions of the National Guard, except with
respect to the jurisdictions within which such functions may be performed.

2. Authorize or permit National Guard units to be placed under the
field command of any person not having the military or National Guard
rank or status required by law for the field command position in question.

Article VI. Construction and Severability.

This Compact shall be liberally construed so as to effectuate the
purposes thereof. The provisions of this Compact shall be severable and
if any phrase, clause, sentence or provision of this Compact is declared
to be contrary to the constitution of any State or of the United States
or the applicability thereof to any government, agency, person or circum-
stance is held invalid, the validity of the remainder of this Compact and
the applicability thereof to any government, agency, person or circum-
stance shall not be affected thereby. If this Compact shall be held con-
trary to the constitution of any State participating herein, the Compact
shall remain in full force and effect as to the remaining party States
and in full force and effect as to the State affected as to all severable
matters.

§ 2. Upon presentation of a claim therefor by an appropriate au-
thority of a State whose National Guard forces have aided this State
pursuant to the Compact, any liability of this State pursuant to Article
III (f) of the Compact shall be paid out of funds appropriated to the
Department of Military Affairs.

§ 8. In accordance with Article III (h) of the Compact, members
of the National Guard forces of this State shall be deemed to be in State
service at all times when engaged pursuant to this Compact, and shall be
entitled to all rights and benefits provided pursuant to Title 44 of the
Code of Virginia of 1950, as amended.