New Jersey § 38a:20-2

§ 38a:20-2.

An Act concerning mutual military aid and assistance by and between the State of New

Jersey and other States, in an emergency, and approving and agreeing to an interstate

compact therefor. (L.1951, c. 2, Approved February 15, 1951.) WHEREAS, On the twelfth day of December, one thousand nine hundred and fifty, the Governor

of the State of New York, for and on behalf of the State of New York, and the Governor

of the State of New Jersey, for and on behalf of the State of New Jersey, agreed to

an interstate compact for mutual military aid and assistance between such respective

States, in an emergency; and WHEREAS, Article II of said compact provides: “This compact shall become effective as to

the signatory States when the Legislatures thereof have approved it and when the Congress

has given its consent either before or after the date hereof. Any State not a party to this compact at the date hereof may become a party hereto.”;

and WHEREAS, It is the purpose and object of said compact to promote the national security and

the security of the States signatory thereto, and further protect the public health,

safety and welfare; and WHEREAS, It is the purpose and object of this act to approve said interstate compact; and WHEREAS, By the provisions of chapter 68 of the laws of 1950, the Governor of this State

is authorized from time to time to enter into agreements with Governors of States

bordering on New Jersey for the protection in the event of emergency of interstate

bridges, tunnels, ferries and other communications facilities between New Jersey and

such other States; therefore The State of New Jersey does hereby agree to, approve, and enter into a solemn compact

with the State of New York (upon that State concurring therein, or otherwise approving

thereof, by appropriate legislation) and with such other States as likewise concur

therein or otherwise approve thereof, in form and terms as heretofore agreed to by

the Governor of the State of New Jersey and the Governor of the State of New York,

as follows: (1) The purposes of this compact are: a. to provide for mutual military aid and assistance in an emergency by the military

forces of a signatory State to the military forces of the other signatory States or

of the United States, including among other military missions, the protection of interstate

bridges, tunnels, ferries, pipe lines, communications facilities and other vital installations,

plants and facilities; and the military support of civil defense agencies; b. to provide for the fresh pursuit in case of an emergency, by the military forces

or any part or member thereof of a signatory State into another State, of insurrectionists,

saboteurs, enemies or enemy forces or persons seeking or appearing to seek to overthrow

the government of the United States or of a signatory State; c. to make provision for the powers, duties, rights, privileges and immunities of

the members of the military forces of a signatory State while so engaged outside of

their own State. (2) a. “Emergency” as used in this compact shall mean and include invasion or other

hostile action, disaster, insurrection or imminent danger thereof. b. “State” as used in this compact shall include any signatory State. c. “Military forces” as used in this compact shall include the organized militia,

or any force thereof, of a signatory State. This compact shall become effective as to the signatory States when the Legislatures

thereof have approved it and when the Congress has given its consent either before

or after the date hereof. Any State not a party to this compact at the date hereof may become a party hereto. The Governor of each signatory State or his designated military representative shall

constitute the Committee for Mutual Military Aid for the signatory States. It shall be the duty of the Committee for Mutual Military Aid to make joint plans

for the employment of the military forces of the signatory States for mutual military

aid and assistance in case of emergency. (1) It shall be the duty of each signatory State to integrate its plan for the employment

of its military forces in case of emergency with the joint plans recommended by the

Committee for Mutual Military Aid and with the emergency plans of the armed forces

of the United States. (2) In case of emergency, upon the request of the Governor of a signatory State, the

Governor of each signatory State, to the extent consistent with the needs of his own

State, shall order its military forces or such part thereof as he, in his discretion,

may find necessary, to assist the military forces of the requesting State in order

to carry out the purposes set forth in this compact. In such case, it shall be the duty of the Governor of each signatory State receiving

such a request to issue the necessary orders for such use of the military forces of

his State without the borders of his State and to direct the commander of such forces

to place them under the operational control of the commander of the forces of the

requesting State or of the United States which may be engaged in meeting the emergency. (3) The Governor of any signatory State, in his discretion, may recall the military

forces of his State serving without its borders or any part or any member of such

forces. In case of an emergency, any unit or member of the military forces of a signatory

State which has been ordered into active service by the Governor may upon order of

the officer in immediate command thereof continue beyond the borders of his own State

into another signatory State in fresh pursuit of insurrectionists, saboteurs, enemies

or enemy forces or persons seeking or appearing to seek to overthrow the government

of the United States or of any one of the signatory States, until they are apprehended

by such unit or member. Any such person who shall be apprehended or captured in a signatory State by a unit

or member of the military forces of another signatory State shall without unnecessary

delay be surrendered to the military or police forces of the State in which he is

taken or to the forces of the United States. Such surrender shall not constitute a waiver by the State of the military forces

making the capture, of its right to extradite or prosecute such persons for any crime

committed in that State. (1) Whenever the military forces or any part thereof of any signatory State are engaged

outside of their own State in carrying out the purposes of this compact, the individual

members of such military forces so engaged shall not be liable, civilly or criminally,

for any act or acts done by them in the performance of their duty. (2) The individual members of such forces shall have the same powers, duties, rights,

privileges and immunities as the members of the military forces of the State in which

they are engaged, but in any event, (3) Each signatory State shall save harmless any member of its military forces wherever

serving and any member of the military forces of any other signatory State serving

within its borders for any act or acts done by them in the performance of their duty

while engaged in carrying out the purposes of this compact. ARTICLE VII (1) Each signatory State shall provide, in the same amounts and manner as if they

were on duty within their own State, for the pay and allowances of the personnel of

its military forces, and for the medical and hospital expenses, disability and death

benefits, pensions and funeral expenses of wounded, injured or sick personnel and

of dependents or representatives of deceased personnel of its military forces, in

case such personnel shall suffer wounds, injuries, disease, disability or death while

engaged without the State pursuant to this compact and while going to and returning

from such other signatory State. Each signatory State shall provide in the same amounts and manner as if they were

on duty within their own State for the logistical support and for other costs and

expenses of its military forces while engaged without the State pursuant to this compact

and while going to and returning from such other signatory State. (2) Any signatory State rendering outside aid in case of insurrection or disaster

not the result of invasion or hostile action, shall, if it so elects be reimbursed

by the signatory State receiving such aid for the pay and allowances of its personnel,

logistical support and all other costs and expenses referred to in section 1 of this

article and incurred in connection with the request for aid. Such election shall be exercised by the Governor of the aiding State presenting

a statement and request for reimbursement of such costs and expenses to the Governor

of the requesting State. Nothing in this compact shall be construed to limit or restrict the power of any signatory

State in case of an emergency affecting that State only, to provide for the internal

defense of any part of the territory of said State or for the protection and control

of any bridge, tunnel, ferry, installation, plant or facility or any part thereof

within the borders of such State or to prohibit the enforcement of any laws, rules

and regulations or the execution of any plan with regard thereto. This compact shall continue in force and remain binding on each signatory State until

the Legislature or the Governor of such State gives notice of withdrawal therefrom. Such notice of withdrawal shall not be effective until 6 months after said notice

has been given to the Governor of each of the other signatory States. In Witness Whereof, the States whose Governors have signed below have become parties

to this compact. 12 December 1950. Attest: THOMAS J. CURRAN (Signed) Secretary of State of the State of New York. By the Governor: LLOYD B. MARSH (Signed) Secretary of State of the State of New Jersey. Nothing contained in this act shall be construed as limiting, directly or indirectly,

the power of the Governor to enter into interstate compacts or other agreements relating

to mutual military aid and assistance in an emergency or impairing in any respect

the force and effect thereof. This act shall take effect immediately.