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H.B. 291 Enrolled

    

CIVIL DEFENSE COMPACT

    
1997 GENERAL SESSION

    
STATE OF UTAH

    
Sponsor: Susan J. Koehn

    AN ACT RELATING TO MILITIAS AND ARMORIES; BROADENING THE SCOPE OF THE
    CIVIL DEFENSE COMPACT TO INCIDENTS NOT SPECIFICALLY CLASSIFIED AS
    DISASTERS; TO ALLOW FOR SEARCH AND RESCUES AND TRAINING
    EXERCISES; AND MAKING TECHNICAL CORRECTIONS.
    This act affects sections of Utah Code Annotated 1953 as follows:
    AMENDS:
         39-5-1, as last amended by Chapter 20, Laws of Utah 1995
         39-5-2, as last amended by Chapter 22, Laws of Utah 1989
    Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 39-5-1 is amended to read:
         39-5-1. Power of governor to execute.
        The governor of this state is authorized to execute a compact on behalf of the state of Utah
    with any one or more of the states of [Alaska, Arizona, California, Colorado, Hawaii, Idaho,
    Montana, Nevada, New Mexico, Oregon, Washington and Wyoming] the United States and the
    District of Columbia.
        Section 2. Section 39-5-2 is amended to read:
         39-5-2. Form of compact.
        The compact shall be in substantially the following form:
        The contracting states solemnly agree:
    
    
Article 1

    
    
PURPOSE OF ACT -- UTILIZATION OF RESOURCES --

    
DIRECTORS ACT AS COMMITTEE

    

        The purpose of this compact is to provide mutual aid among the States in meeting any
    emergency or disaster as defined in Section 63-5-2, [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, 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 [such] an 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] to this compact. The Directors of Civil Defense of all party States shall constitute
    a committee to formulate plans and take all necessary steps for the implementation of this compact.
    
    
Article 2

    
    
CIVIL DEFENSE PLANS -- CONSULTATIONS --

    
UNIFORMITY OF ACTION

    
        It [shall be] is the duty of each party State to formulate civil defense plans and programs for
    application within [such] each 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] these civil defense plans and programs, the party States shall, [so far
    as] if possible, provide and follow uniform standards, practices, and rules and regulations including:
        [(a)] (1) insignia, arm bands, and other distinctive articles to designate and distinguish the
    different civil defense services;
        [(b)] (2) blackouts and practice blackouts, air raid drills, mobilization of civil defense forces,
    and other tests and exercises;
        [(c)] (3) warnings and signals for drills or attacks and the mechanical devices to be used in

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    connection [therewith] with them;
        [(d)] (4) the effective screening or extinguishing of all lights [and], lighting devices, and
    appliances;
        [(e)] (5) shutting off water mains, gas mains, electric power connections, and the suspension
    of all other utility services;
        [(f)] (6) all materials or equipment used or to be used for civil defense purposes in order to
    assure that [such] the materials and equipment will be easily and freely interchangeable when used
    in or by any other party State;
        [(g)] (7) 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)] (8) the safety of public meetings or gatherings; and
        [(i)] (9) mobile support units.
    
    
Article 3

    
    
DUTIES OF MEMBER STATES

    
        Any party State requested to render mutual aid shall take [such] any action [as is] necessary
    to provide and make available the resources covered by this compact in accordance with [the] its
    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] itself. 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.

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Article 4

    
    
EFFECT OF STATE LICENSE, CERTIFICATE

    
OR PERMIT IN OTHER STATES

    
        [Whenever any] Any person [holds] holding 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] the skill in any party State to meet an emergency or disaster
    and [such] that State shall [give due recognition to such] recognize the license, certificate, or other
    permit as if issued in the State in which aid is rendered.
    
    
Article 5

    
    
RESTRICTION ON LIABILITY

    
        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] its forces
    while [so] engaged, or on account of the maintenance or use of any equipment or supplies in
    connection [therewith] with giving aid.
    
    
Article 6

    
    
BASIC CONSIDERATIONS AND AUXILIARY ACTION

    
        [Inasmuch as] (1) Since 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] to
    this compact, this instrument contains elements of a broad base common to all States, and nothing
    [herein] contained in it shall preclude any State from entering into supplementary agreements with

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    another State or States. [Such] Any 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.
        (2) Any supplementary agreement made to implement this Article may not be construed to
    abridge, impair, or supersede any other provision of this compact or any obligation undertaken by
    a State pursuant to the terms of this compact. A supplementary agreement implementing this Article
    may modify, expand, or add to any obligation among the parties to the supplementary agreement.
    
    
Article 7

    
    
COMPENSATION AND BENEFITS

    
        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] the forces of that State [and the representatives of deceased members of such forces] in case
    [such] the 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] that State.
    
    
Article 8

    
    
CONTRIBUTIONS AND REIMBURSEMENTS

    
        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] the
    requests; provided that any aiding party State may assume in whole or in part [such] any loss,
    damage, expense, or other cost, or may loan [such] any equipment or donate [such] any services to

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    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 States 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] its 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.
    
    
Article 9

    
    
PLANS FOR EVACUATION AND RECEPTION OF POPULATIONS

    
        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] Any 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, supplies, and all other relevant
    factors. [Such] Any 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] the evacuees,
    for expenditures for transportation, food, clothing, medicines and medical care, and like items.
    [Such] Any 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 residents shall assume the
    responsibility for the ultimate support or repatriation of [such] the evacuees.
    

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Article 10

    
    
MEMBER STATES

    
        This compact shall be available to [the States of Arizona, California, Colorado, Idaho,
    Montana, Nevada, New Mexico, Oregon, Washington, and Wyoming, and the Territories of Alaska
    and Hawaii] any state of the United States and the District of Columbia.
    
    
Article 11

    
    
COMMITTEE ACTION AND REQUESTS

    
        The committee established pursuant to Article 1 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] that agency of the United States Government may
    attend meetings of [such] the committee.
    
    
Article 12

    
    
WHEN COMPACT EFFECTIVE

    
        This compact shall become operative immediately upon its ratification by any of the States
    and Territories enumerated in Article 10 of this compact as between it and the State of Utah and any
    other of [said] the States or Territories [so] ratifying it and shall be subject to approval by Congress
    unless prior Congressional approval has been given. Duly authenticated copies of this compact and
    of [such] any supplementary agreements [as may be] entered into shall, at the time of their approval,
    be deposited with each of the party States and with the Civil Defense Agency and other appropriate
    agencies of the United States Government.

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Article 13

    
    
DURATION OF COMPACT

    
        This compact shall continue in force and remain binding on each party State until the
    Legislature or the Governor of [such] the party State takes action to withdraw [therefrom] from it.
    [Such] Any action to withdraw shall not be effective until 30 days after notice [thereof] of the action
    has been sent by the Governor of the party State desiring to withdraw to the Governors of all other
    party States.
    
    
Article 14

    
    
CONSTRUCTION OF COMPACT -- CONSTITUTIONALITY

    
        This compact shall be construed to effectuate the purposes stated in Article 1 [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].
    
    
Article 15

    
    
SCOPE OF COMPACT

    
        (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 to cope
    with any disasters;
        (c) incidents, or the threat of incidents, which endanger the health or safety of the public and

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    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;
        (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 to
    prepare 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 aid
    authorized by this compact or a supplementary agreement may be furnished by any agency of a party
    State, a political subdivision of the State, or by a joint agency of any two or more party States or of
    their subdivisions. Any joint agency providing aid shall be entitled to reimbursement to the same
    extent and in the same manner as a state. The personnel of a joint agency, when rendering aid under
    this compact shall have the same rights, authority, and immunity as personnel of party States.
        (3) Nothing in this Article shall be construed to exclude from coverage under Articles 1
    through 14 of this compact any matter which, in the absence of this Article, could reasonably be
    construed to be covered.

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