Title 38, Chapter 3, Section 26
( 38-3-26)
(a) The Governor, or the director of emergency management at the
request of the Governor, is authorized to create and establish such
number of mobile support units as may be necessary to reinforce
emergency management organizations in stricken areas and with due
consideration of the plans of the federal government and of other
states. He shall appoint a commander for each unit who shall have
primary responsibility for the organization, administration, and
operation of the unit. Mobile support units shall be called to duty
upon orders of the Governor or the director and shall perform their
functions in any part of the state or, upon the conditions specified
in this Code section, in other states. (b) Personnel of mobile support units while on duty, whether within
or outside the state, shall: (1) If they are employees of the state, have the powers, duties,
rights, privileges, and immunities and receive the compensation
incidental to their employment; (2) If they are employees of a political subdivision of the state
and, whether serving within or outside the political subdivision,
have the powers, duties, rights, privileges, and immunities and
receive the compensation incidental to their employment; and (3) If they are not employees of the state or a political
subdivision thereof, be entitled to adequate compensation
incidental to their employment by the state for their services and
to the same rights and immunities as are provided by law for the
employees of this state. All personnel of mobile support units,
while on duty, 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) The state shall reimburse a political subdivision for the
compensation paid and actual and necessary travel, subsistence, and
maintenance expenses of employees of the political subdivision while
serving as members of a mobile unit; for all payments for 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 resulting from the operation of the
mobile support unit. (d) Whenever a mobile support unit of another state shall render aid
in this state pursuant to the orders of the governor of its home
state and upon the request of the Governor of this state, 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 rendering the aid; for
all payments for death, disability, or injury of the personnel
incurred in the course of rendering the aid; and for all losses of
or damage to supplies and equipment of the other state or a
political subdivision thereof resulting from the rendering of the
aid; provided, however, that the laws of such other state contain
provisions substantially similar to this Code section or that
provisions to the foregoing effect are embodied in a reciprocal
mutual aid agreement or compact or that the federal government has
authorized or agreed to make reimbursement for the mutual aid as
above provided. (e) 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 Code section, or unless the reciprocal mutual aid agreements or
compacts include provisions providing for the reimbursement, or
unless the reimbursement will be made by the federal government by
law or agreement. |