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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