The contracting states solemnly agree:
The purpose of this compact is to provide mutual aid among the states in
meeting any emergency or disaster from enemy attack or other cause (natural
or otherwise) including sabotage and subversive acts and direct attacks by
bombs, shellfire, and atomic, radiological, chemical and bacteriological
means, and other weapons. The prompt, full and effective utilization of the
resources of the respective states, including such resources as may be
available from the United States government or any other source, are
essential to the safety, care and welfare of the people thereof in the
event of enemy action or other emergency, and any other resources,
including personnel, equipment or supplies, shall be incorporated into a
plan or plans of mutual aid to be developed among the civil defense
agencies or similar bodies of the states that are parties hereto. The
directors of civil defense of all party states shall constitute a committee
to formulate plans to take all necessary steps for the implementation of
this compact.
It shall be the duty of each party state to formulate civil defense plans and programs for application within such state. There shall be frequent consultation between the representatives of the states and with the United States government and the free exchange of information and plans, including inventories of any materials and equipment available for civil defense. In carrying out such civil defense plans and programs the party states shall so far as possible provide and follow uniform standards, practices and rules and regulations including:
(a) Insignia, arm bands and any other distinctive articles to designate and distinguish the different civil defense services;
(b) Blackouts and practice blackouts, air-raid drills, mobilization of civil defense forces and other tests and exercises;
(c) Warnings and signals for drills or attacks and the mechanical devices to be used in connection therewith;
(d) The effective screening or extinguishing of all lights and lighting devices and appliances;
(e) Shutting off water mains, gas mains, electric power connections and the suspension of all other utility services;
(f) All materials or equipment used or to be used for civil defense purposes in order to assure that such materials and equipment will be easily and freely interchangeable when used in or by any other party state;
(g) The conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic, prior, during and subsequent to drills or attacks;
(h) The safety of public meetings or gatherings; and
(i) Mobile support units.
Any party state requested to render mutual aid shall take such action as
is necessary to provide and make available the resources covered by this
compact in accordance with the terms hereof: Provided, That it is
understood that the state rendering aid may withhold resources to the
extent necessary to provide reasonable protection for such state. Each
party state shall extend to the civil defense forces of any other party
state, while operating within its state limits under the terms and
conditions of this compact, the same powers (except that of arrest unless
specifically authorized by the receiving state), duties, rights, privileges
and immunities as if they were performing their duties in the state in
which normally employed or rendering services. Civil defense forces will
continue under the command and control of their regular leaders but the
organizational units will come under the operational control of the civil
defense authorities of the state receiving assistance.
Whenever any person holds a license, certificate or other permit issued
by any state evidencing the meeting of qualifications for professional,
mechanical or other skills, such person may render aid involving such skill
in any party state to meet an emergency or disaster and such state shall
give due recognition to such 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 this compact shall be liable on account of any act or
omission in good faith on the part of such forces while so engaged, or on
account of the maintenance or use of any equipment or supplies in
connection therewith.
Inasmuch as it is probable that the pattern and detail of the machinery
for mutual aid among two or more states may differ from that appropriate
among other states party hereto, this instrument contains elements of a
broad base common to all states, and nothing herein contained shall
preclude any state from entering into supplementary agreements with another
state or states. Such supplementary agreements may comprehend, but shall
not be limited to, provisions for 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.
Each party state shall provide for the payment of compensation and death
benefits to injured members of the civil defense forces of that state and
the representatives of deceased members of such forces in case such members
sustain injuries or are killed while rendering aid pursuant to this
compact, in the same manner and on the same terms as if the injury or death
were sustained within such state.
Any party state rendering aid in another state pursuant to this compact
shall be reimbursed by the party state receiving such aid for any loss or
damage to, or expense incurred in the operation of any equipment answering
a request for aid, and for the cost incurred in connection with such
requests: Provided, That any aiding party state may assume in whole or
in part such loss, damage, expense or other cost, or may loan such
equipment or donate such services to the receiving party state without
charge or cost: And provided further, That any two or more party
states may enter into supplementary agreements establishing a different
allocation of costs as among those states. The United States government may
relieve the party state receiving aid from any liability and reimburse the
party state supplying civil defense forces for the compensation paid to and
the transportation, subsistence and maintenance expenses of such forces
during the time of the rendition of such aid or assistance outside the
state and may also pay fair and reasonable compensation for the use or
utilization of the supplies, materials, equipment or facilities so utilized
or consumed.
Plans for the orderly evacuation and reception of the civilian
population as the result of an emergency or disaster shall be worked out
from time to time between representatives of the party states and the
various local civil defense areas thereof. Such plans shall include the
manner of transporting such evacuees, the number of evacuees to be received
in different areas, the manner in which food, clothing, housing and medical
care will be provided, the registration of the evacuees, the providing of
facilities for the notification of relatives or friends and the forwarding
of such evacuees to other areas or the bringing in of additional materials
and supplies, and all other relevant factors. Such plans shall provide that
the party state receiving evacuees shall be reimbursed generally for the
out-of-pocket expenses incurred in receiving and caring for such evacuees,
for expenditures for transportation, food, clothing, medicines and medical
care, and like items. Such expenditures shall be reimbursed by the party
state of which the evacuees are residents, or by the United States
government under plans approved by it. After the termination of the
emergency or disaster the party state of which the evacuees are resident
shall assume the responsibility for the ultimate support or repatriation of
such evacuees.
This compact shall be available to any state, territory or possession of
the United States, and the District of Columbia. The term "state" may also
include any neighboring foreign country or province or state thereof.
The committee established pursuant to article I of this compact may
request the civil defense agency of the United States government to act as
an informational and coordinating body under this compact, and
representatives of such agency of the United States government may attend
meetings of such committee.
This compact shall become operative immediately upon its ratification by
any state as between it and any other state or states so ratifying and
shall be subject to approval by congress unless prior congressional
approval has been given. Duly authenticated copies of this compact and of
such supplementary agreements as may be entered into shall, at the time of
their approval, be deposited with each of the party states and the civil
defense agency and other appropriate agencies of the United States
government.
This compact shall continue in force and remain binding on each party
state until the legislature or the governor of such party state takes
action to withdraw therefrom. Such action shall not be effective until
thirty (30) days after notice thereof has been sent by the governor 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 I hereof. If any provision of this compact is declared
unconstitutional, or the applicability thereof to any person or
circumstance is held invalid, the constitutionality of the remainder of
this compact and the applicability thereof to other persons and
circumstances shall not be affected thereby.
(a) This article shall be in effect only as among those states which have enacted it into law or in which the governors have adopted it pursuant to constitutional or statutory authority sufficient to give it the force of law as part of this compact. Nothing contained in this article or in any supplementary agreement made in implementation thereof shall be construed to abridge, impair or supersede any other provision of this compact or any obligation undertaken by a state pursuant thereto, except that if its terms so provide, a supplementary agreement in implementation of this article may modify, expand or add to any such obligation as among the parties to the supplementary agreement.
(b) In addition to the occurrences, circumstances and subject matters to which preceding articles of this compact make it applicable, this compact and the authorizations, entitlements and procedures thereof shall apply to: (1) Searches for and rescue of persons who are lost, marooned, or otherwise in danger;
(2) action useful in coping with disasters arising from any cause or designed to increase capability to cope with any such disasters;
(3) incidents which endanger the health or safety of the public and which require the use of special equipment, trained personnel or personnel in larger numbers than are locally available in order to reduce, counteract or remove the danger;
(4) the giving and receiving of aid by subdivisions of party states; and
(5) exercises, drills or other training or practice activities designed to prepare personnel to cope with any disaster or other emergency to which this compact applies.
(c) Except as expressly limited by this compact or a supplementary agreement in force pursuant thereto, any aid authorized by this compact or such supplementary agreement may be furnished by any agency of a party state, a subdivision of such state, or by a joint agency of any two or more party states or of their subdivisions. Any joint agency providing such aid shall be entitled to reimbursement therefor to the same extent and in the same manner as a state. The personnel of such a joint agency, when rendering aid pursuant to this compact shall have the same rights, authority and immunity as personnel of party states.
(d) Nothing in this article shall be construed to exclude from the coverage of articles I-XIV of this compact any matter which, in the absence of this article, could reasonably be construed to be covered thereby.
History: L. 1975, ch. 282, § 1; July 1.
History: L. 1975, ch. 282, § 2; July 1.