§ 7. Mobile support units

(a) Organization. The Commissioner is authorized to create and establish mobile support units as necessary to reinforce emergency management organizations in stricken areas and with due consideration of the plans of the federal government, the government of Canada, and other states. A mobile support unit shall be subject to call to duty and shall perform these functions in this State, in Canada, or in other states in accord with its charter and rules adopted by the Governor and with the terms of this chapter.

(b) Personnel; powers and immunities, compensation.

(1) Personnel of mobile support units while engaged in emergency management, whether within or outside the State, shall:

(A) if they are employees of the State, have the powers, duties, rights, privileges, and immunities and receive the compensation incidental to their employment;

(B) if they are employees of a political subdivision of the State, have the powers, duties, rights, privileges, and immunities and receive the compensation incidental to their employment; and

(C) if they are not employees of the State, or a political subdivision of the State, be entitled to appropriate compensation as fixed by the Commissioner with the approval of the Governor, and to the same rights and immunities as are provided by law for the employees of this State.

(2) All personnel of mobile support units, while engaged in emergency management, shall be subject to the operational control of the authority in charge of emergency management activities in the area in which they are serving and shall be reimbursed for all actual and necessary travel and subsistence expenses.

(c) Reimbursement of municipalities. The State shall reimburse a political subdivision of the State for the compensation paid and actual and necessary travel, subsistence, and maintenance expenses of employees of the political subdivision of the State while serving as members of a mobile support unit; for all payments of death, disability, or injury of the employees incurred in the course of such duty; and for all losses of or damage to supplies and equipment of the political subdivision of the State resulting from the operation of the mobile support unit.

(d) Aid from other states. Whenever a mobile support unit of another state provides aid in this State pursuant to the orders of the governor of its home state and upon the request of the Governor, this State shall reimburse the other state for the compensation paid and actual and necessary travel, subsistence, and maintenance expenses of the personnel of the mobile support unit while providing the aid, and for all payments for death, disability, or injury of the unit’s personnel incurred in the course of providing the aid, and for all losses of or damage to supplies and equipment of the other state or a political subdivision of that state resulting from the provision of aid, provided that the laws of the other state contain provisions substantially similar to this section or that substantially similar provisions are contained in a reciprocal mutual-aid agreement or compact or that the federal government has authorized or agreed to make reimbursements for the mutual aid on a basis that is substantially similar to the requirements of this section.

(e) Aid to other states. No personnel of mobile support units of this State shall be ordered by the Governor to operate in any other state unless the laws of the other state contain provisions substantially similar to this section or unless the reciprocal mutual aid agreements or compacts include provisions providing for such reimbursements or unless the reimbursements will be made by the federal government by law or agreement. (Amended 1989, No. 252 (Adj. Sess.), § 9; 2005, No. 209 (Adj. Sess.), § 8; 2021, No. 20, § 114.)