39-5-2 - Form of compact.
39-5-2. Form of compact.
The compact shall be in substantially the following form:
The contracting states solemnly agree:
The purpose of this compact is to provide mutual aid among the States in meeting anyemergency or disaster as defined in Section 63K-3-102, from enemy attack or other cause, naturalor otherwise, including sabotage and subversive acts and direct attacks by bombs, shellfire, andatomic, radiological, chemical, bacteriological means, and other weapons. The prompt, full, andeffective utilization of the resources of the respective States, including resources available fromthe United States Government or any other source, are essential to the safety, care, and welfare ofthe people in the event of an emergency, and any other resources, including personnel,equipment, or supplies, shall be incorporated into a plan or plans of mutual aid to be developedamong the Civil Defense agencies or similar bodies of the States that are parties to this compact. The Directors of Civil Defense of all party States shall constitute a committee to formulate plansand take all necessary steps for the implementation of this compact.
It is the duty of each party State to formulate civil defense plans and programs forapplication within each State. There shall be frequent consultation between the representativesof the States and with the United States Government and the free exchange of information andplans, including inventories of any materials and equipment available for civil defense. Incarrying out these civil defense plans and programs, the party States shall, if possible, provideand follow uniform standards, practices, and rules and regulations including:
(1) insignia, arm bands, and other distinctive articles to designate and distinguish thedifferent civil defense services;
(2) blackouts and practice blackouts, air raid drills, mobilization of civil defense forces,and other tests and exercises;
(3) warnings and signals for drills or attacks and the mechanical devices to be used inconnection with them;
(4) the effective screening or extinguishing of all lights, lighting devices, and appliances;
(5) shutting off water mains, gas mains, electric power connections, and the suspensionof all other utility services;
(6) all materials or equipment used or to be used for civil defense purposes in order toassure that the materials and equipment will be easily and freely interchangeable when used in orby any other party State;
(7) the conduct of civilians and the movement and cessation of movement of pedestriansand vehicular traffic, prior, during, and subsequent to drills or attacks;
(8) the safety of public meetings or gatherings; and
(9) mobile support units.
Any party State requested to render mutual aid shall take any action necessary to provideand make available the resources covered by this compact in accordance with its terms; providedthat it is understood that the State rendering aid may withhold resources to the extent necessary toprovide reasonable protection for itself. Each party State shall extend to the civil defense forcesof any other party State, while operating within its State limits under the terms and conditions ofthis compact, the same powers, except that of arrest unless specifically authorized by thereceiving State, duties, rights, privileges, and immunities as if they were performing their dutiesin the State in which normally employed or rendering services. Civil defense forces willcontinue under the command and control of their regular leaders but the organizational units willcome under the operational control of the civil defense authorities of the State receivingassistance.
Any person holding a license, certificate, or other permit issued by any State evidencingthe meeting of qualifications for professional, mechanical, or other skills, may render aidinvolving the skill in any party State to meet an emergency or disaster and that State shallrecognize the license, certificate, or other permit as if issued in the State in which aid is rendered.
No party State or its officers or employees rendering aid in another State pursuant to thiscompact shall be liable on account of any act or omission in good faith on the part of its forceswhile engaged, or on account of the maintenance or use of any equipment or supplies inconnection with giving aid.
(1) Since it is probable that the pattern and detail of the machinery for mutual aid amongtwo or more States may differ from that appropriate among other States party to this compact,this instrument contains elements of a broad base common to all States, and nothing contained init shall preclude any State from entering into supplementary agreements with another State orStates. Any supplementary agreements may comprehend, but shall not be limited to provisionsfor evacuation and reception of injured and other persons, and the exchange of medical, fire,police, public utility, reconnaissance, welfare, transportation and communications personnel,equipment, and supplies.
(2) Any supplementary agreement made to implement this Article may not be construedto abridge, impair, or supersede any other provision of this compact or any obligation undertakenby a State pursuant to the terms of this compact. A supplementary agreement implementing thisArticle may modify, expand, or add to any obligation among the parties to the supplementaryagreement.
Each party State shall provide for the payment of compensation and death benefits toinjured members of the civil defense forces of that State and the representatives of deceased
members of the forces of that State in case the members sustain injuries or are killed whilerendering aid pursuant to this compact, in the same manner and on the same terms as if the injuryor death were sustained within that State.
Any party State rendering aid in another State pursuant to this compact shall bereimbursed by the party State receiving aid for any loss or damage to or expense incurred in theoperation of any equipment answering a request for aid, and for the cost incurred in connectionwith the requests; provided that any aiding party State may assume in whole or in part any loss,damage, expense, or other cost, or may loan any equipment or donate any services to thereceiving party State without charge or cost; and provided further that any two or more partyStates may enter into supplementary agreements establishing a different allocation of costs asamong those States. The United States Government may relieve the party States receiving aidfrom any liability and reimburse the party State supplying civil defense forces for thecompensation paid to and the transportation, subsistence, and maintenance expenses of its forcesduring the time of the rendition of aid or assistance outside the State and may also pay fair andreasonable compensation for the use or utilization of the supplies, materials, equipment, orfacilities so utilized or consumed.
Plans for the orderly evacuation and reception of the civilian population as the result of anemergency or disaster shall be worked out from time to time between representatives of the partyStates and the various local civil defense areas. Any plans shall include the manner oftransporting evacuees, the number of evacuees to be received in different areas, the manner inwhich food, clothing, housing, and medical care will be provided, the registration of theevacuees, the providing of facilities for the notification of relatives or friends and the forwardingof evacuees to other areas or the bringing in of additional materials, supplies, and all otherrelevant factors. Any plans shall provide that the party State receiving evacuees shall bereimbursed generally for the out-of-pocket expenses incurred in receiving and caring for theevacuees, for expenditures for transportation, food, clothing, medicines and medical care, andlike items. Any expenditures shall be reimbursed by the party State of which the evacuees areresidents, or by the United States Government under plans approved by it. After the terminationof the emergency or disaster, the party State of which the evacuees are residents shall assume theresponsibility for the ultimate support or repatriation of the evacuees.
This compact shall be available to any state of the United States and the District ofColumbia.
The committee established pursuant to Article 1 of this compact may request the CivilDefense Agency of the United States Government to act as an informational and coordinatingbody under this compact, and representatives of that agency of the United States Governmentmay attend meetings of the committee.
This compact shall become operative immediately upon its ratification by any of theStates and Territories enumerated in Article 10 of this compact as between it and the State ofUtah and any other of the States or Territories ratifying it and shall be subject to approval byCongress unless prior Congressional approval has been given. Duly authenticated copies of thiscompact and of any supplementary agreements entered into shall, at the time of their approval, bedeposited with each of the party States and with the Civil Defense Agency and other appropriateagencies of the United States Government.
This compact shall continue in force and remain binding on each party State until theLegislature or the Governor of the party State takes action to withdraw from it. Any action towithdraw shall not be effective until 30 days after notice of the action has been sent by theGovernor of the party State desiring to withdraw to the Governors of all other party States.
This compact shall be construed to effectuate the purposes stated in Article 1. If anyprovision of this compact is declared unconstitutional, or the applicability to any person orcircumstance is held invalid, the constitutionality of the remainder of this compact and theapplicability to other persons and circumstances shall not be affected.
(1) In addition to the situations in Article 1, this compact shall apply to:
(a) searches for and rescue of persons who are lost, marooned, or otherwise in danger;
(b) actions useful in coping with any disasters or designed to increase the capability tocope with any disasters;
(c) incidents, or the threat of incidents, which endanger the health or safety of the publicand which require the use of special equipment, trained personnel, or personnel in larger numbersthan are locally available in order to reduce, counteract, or remove the danger;
(d) giving and receiving aid between political subdivisions of party States; and
(e) exercises, drills, or other training or practice activities designed to aid personnel toprepare for, cope with, or prevent any disaster or other emergency to which this compact applies.
(2) Except as expressly limited by this compact or a supplementary agreement, any aidauthorized by this compact or a supplementary agreement may be furnished by any agency of aparty State, a political subdivision of the State, or by a joint agency of any two or more partyStates or of their subdivisions. Any joint agency providing aid shall be entitled to reimbursementto the same extent and in the same manner as a state. The personnel of a joint agency, whenrendering aid under this compact shall have the same rights, authority, and immunity aspersonnel of party States.
(3) Nothing in this Article shall be construed to exclude from coverage under Articles 1through 14 of this compact any matter which, in the absence of this Article, could reasonably beconstrued to be covered.
Amended by Chapter 382, 2008 General Session