§ 7. Mobile support units

(a) Organization. The commissioner 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, 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 regulations prescribed 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 without 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 thereof, be entitled to appropriate compensation as fixed by the commissioner or designee 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 such political subdivision of the state while serving as members of a mobile support unit, and for all payments of death, disability, or injury of such employees incurred in the course of such duty, and for all losses of or damage to supplies and equipment of such political subdivision of the state resulting from the operation of such mobile support unit.

(d) Aid from other states. 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 such other state for the compensation paid and actual and necessary travel, subsistence and maintenance expenses of the personnel of such mobile support unit while rendering such aid, and for all payments for death, disability, or injury of such personnel incurred in the course of rendering such aid, and for all losses of or damage to supplies and equipment of such other state or a political subdivision thereof resulting from the rendering of such aid: provided, that the laws of such other state contain provisions substantially similar to this 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 reimbursements for such mutual aid as above provided.

(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 such 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 such 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.)