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Interstate assistance clarifications (new law)

Published (5/2/2008)
By Brian Hogenson
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Interstate assistance by local governments will be authorized, after Gov. Tim Pawlenty signed a new law April 24.

Sponsored by Rep. Ken Tschumper (DFL-La Crescent) and Sen. Rick Olseen (DFL-Harris), the new law permits political subdivisions to provide interstate assistance under the Interstate Emergency Management Assistance Compact.

The compact is a mutual aid agreement that provides a mechanism for states to share personnel, equipment and resources during emergencies and disasters

For the purpose of the Tort Claims Act, the law states that employees of political subdivisions are deemed to be “employees of the state” when providing assistance.

The law also provides that when providing assistance, the political subdivision, its officers and employees are not liable for acts or omissions made in good faith or for maintenance or use of equipment or supplies. Defined by the new law, “good faith” does not include willful misconduct, gross negligence or recklessness.

The law is effective Aug 1, 2008.

HF3456/SF3119*/CH229

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