H.B. 291

1

CIVIL DEFENSE COMPACT
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Susan J. Koehn
5 AN ACT RELATING TO MILITIAS AND ARMORIES; BROADENING THE SCOPE OF THE
6 CIVIL DEFENSE COMPACT TO INCIDENTS NOT SPECIFICALLY CLASSIFIED AS
7 DISASTERS; TO ALLOW FOR SEARCH AND RESCUES AND TRAINING EXERCISES;
8 AND MAKING TECHNICAL CORRECTIONS.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 39-5-1, as last amended by Chapter 20, Laws of Utah 1995
12 39-5-2, as last amended by Chapter 22, Laws of Utah 1989
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 39-5-1 is amended to read:
15 39-5-1. Power of governor to execute.
16 The governor of this state is authorized to execute a compact on behalf of the state of Utah
17 with any one or more of the states of [Alaska, Arizona, California, Colorado, Hawaii, Idaho,
18 Montana, Nevada, New Mexico, Oregon, Washington and Wyoming] the United States and the
19 District of Columbia.
20 Section 2. Section 39-5-2 is amended to read:
21 39-5-2. Form of compact.
22 The compact shall be in substantially the following form:
23 The contracting states solemnly agree:
24
25 Article 1
26
27 PURPOSE OF ACT -- UTILIZATION OF RESOURCES --

1 DIRECTORS ACT AS COMMITTEE
2
3 The purpose of this compact is to provide mutual aid among the States in meeting any
4 emergency or disaster as defined in Section 63-5-2, [or disaster] from enemy attack or other cause,
5 [(]natural or otherwise[)], including sabotage and subversive acts and direct attacks by bombs,
6 shellfire, and atomic, radiological, chemical, bacteriological means, and other weapons. The
7 prompt, full, and effective utilization of the resources of the respective States, including [such]
8 resources [as may be] available from the United States Government or any other source, are
9 essential to the safety, care, and welfare of the people [thereof] in the event of [such] an
10 emergency, and any other resources, including personnel, equipment, or supplies, shall be
11 incorporated into a plan or plans of mutual aid to be developed among the Civil Defense agencies
12 or similar bodies of the States that are parties [hereto] to this compact. The Directors of Civil
13 Defense of all party States shall constitute a committee to formulate plans and take all necessary
14 steps for the implementation of this compact.
15
16 Article 2
17
18 CIVIL DEFENSE PLANS -- CONSULTATIONS --
19 UNIFORMITY OF ACTION
20
21 It [shall be] is the duty of each party State to formulate civil defense plans and programs
22 for application within [such] each State. There shall be frequent consultation between the
23 representatives of the States and with the United States Government and the free exchange of
24 information and plans, including inventories of any materials and equipment available for civil
25 defense. In carrying out [such] these civil defense plans and programs the party States shall, [so
26 far as] if possible, provide and follow uniform standards, practices, and rules and regulations
27 including:
28 [(a)] (1) insignia, arm bands, and other distinctive articles to designate and distinguish the
29 different civil defense services;
30 [(b)] (2) blackouts and practice blackouts, air raid drills, mobilization of civil defense
31 forces, and other tests and exercises;

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1 [(c)] (3) warnings and signals for drills or attacks and the mechanical devices to be used
2 in connection [therewith] with them;
3 [(d)] (4) the effective screening or extinguishing of all lights [and], lighting devices, and
4 appliances;
5 [(e)] (5) shutting off water mains, gas mains, electric power connections, and the
6 suspension of all other utility services;
7 [(f)] (6) all materials or equipment used or to be used for civil defense purposes in order
8 to assure that [such] the materials and equipment will be easily and freely interchangeable when
9 used in or by any other party State;
10 [(g)] (7) the conduct of civilians and the movement and cessation of movement of
11 pedestrians and vehicular traffic, prior, during, and subsequent to drills or attacks;
12 [(h)] (8) the safety of public meetings or gatherings; and
13 [(i)] (9) mobile support units.
14
15 Article 3
16
17 DUTIES OF MEMBER STATES
18
19 Any party State requested to render mutual aid shall take [such] any action [as is] necessary
20 to provide and make available the resources covered by this compact in accordance with [the] its
21 terms [hereof]; provided that it is understood that the State rendering aid may withhold resources
22 to the extent necessary to provide reasonable protection for [such State] itself. Each party State
23 shall extend to the civil defense forces of any other party State, while operating within its State
24 limits under the terms and conditions of this compact, the same powers, [(]except that of arrest
25 unless specifically authorized by the receiving State[)], duties, rights, privileges, and immunities
26 as if they were performing their duties in the State in which normally employed or rendering
27 services. Civil defense forces will continue under the command and control of their regular leaders
28 but the organizational units will come under the operational control of the civil defense authorities
29 of the State receiving assistance.
30
31 Article 4

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1 EFFECT OF STATE LICENSE, CERTIFICATE
2 OR PERMIT IN OTHER STATES
3
4 [Whenever any] Any person [holds] holding a license, certificate, or other permit issued
5 by any State evidencing the meeting of qualifications for professional, mechanical, or other skills,
6 [such person] may render aid involving [such] the skill in any party State to meet an emergency
7 or disaster and [such] that State shall [give due recognition to such] recognize the license,
8 certificate, or other permit as if issued in the State in which aid is rendered.
9
10 Article 5
11
12 RESTRICTION ON LIABILITY
13
14 No party State or its officers or employees rendering aid in another State pursuant to this
15 compact shall be liable on account of any act or omission in good faith on the part of [such] its
16 forces while [so] engaged, or on account of the maintenance or use of any equipment or supplies
17 in connection [therewith] with giving aid.
18 Article 6
19
20 BASIC CONSIDERATIONS AND AUXILIARY ACTION
21
22 [Inasmuch as] (1) Since it is probable that the pattern and detail of the machinery for
23 mutual aid among two or more States may differ from that appropriate among other States party
24 [hereto] to this compact, this instrument contains elements of a broad base common to all States,
25 and nothing [herein] contained in it shall preclude any State from entering into supplementary
26 agreements with another State or States. [Such] Any supplementary agreements may comprehend,
27 but shall not be limited to provisions for evacuation and reception of injured and other persons,
28 and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and
29 communications personnel, equipment, and supplies.
30 (2) Any supplementary agreement made to implement this Article may not be construed
31 to abridge, impair, or supersede any other provision of this compact or any obligation undertaken

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1 by a State pursuant to the terms of this compact. A supplementary agreement implementing this
2 Article may modify, expand, or add to any obligation among the parties to the supplementary
3 agreement.
4 Article 7
5
6 COMPENSATION AND BENEFITS
7
8 Each party State shall provide for the payment of compensation and death benefits to
9 injured members of the civil defense forces of that State and the representatives of deceased
10 members of [such] the forces of that State [and the representatives of deceased members of such
11 forces] in case [such] the members sustain injuries or are killed while rendering aid pursuant to this
12 compact, in the same manner and on the same terms as if the injury or death were sustained within
13 [such] that State.
14 Article 8
15
16 CONTRIBUTIONS AND REIMBURSEMENTS
17
18 Any party State rendering aid in another State pursuant to this compact shall be reimbursed
19 by the party State receiving [such] aid for any loss or damage to or expense incurred in the
20 operation of any equipment answering a request for aid, and for the cost incurred in connection
21 with [such] the requests; provided that any aiding party State may assume in whole or in part
22 [such] any loss, damage, expense, or other cost, or may loan [such] any equipment or donate [such]
23 any services to the receiving party State without charge or cost; and provided further that any two
24 or more party States may enter into supplementary agreements establishing a different allocation
25 of costs as among those States. The United States Government may relieve the party States
26 receiving aid from any liability and reimburse the party State supplying civil defense forces for
27 the compensation paid to and the transportation, subsistence, and maintenance expenses of [such]
28 its forces during the time of the rendition of [such] aid or assistance outside the State and may also
29 pay fair and reasonable compensation for the use or utilization of the supplies, materials,
30 equipment, or facilities so utilized or consumed.
31

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1 Article 9
2
3 PLANS FOR EVACUATION AND RECEPTION OF POPULATIONS
4
5 Plans for the orderly evacuation and reception of the civilian population as the result of an
6 emergency or disaster shall be worked out from time to time between representatives of the party
7 States and the various local civil defense areas [thereof]. [Such] Any plans shall include the
8 manner of transporting [such] evacuees, the number of evacuees to be received in different areas,
9 the manner in which food, clothing, housing, and medical care will be provided, the registration
10 of the evacuees, the providing of facilities for the notification of relatives or friends and the
11 forwarding of [such] evacuees to other areas or the bringing in of additional materials, supplies,
12 and all other relevant factors. [Such] Any plans shall provide that the party State receiving
13 evacuees shall be reimbursed generally for the out-of-pocket expenses incurred in receiving and
14 caring for [such] the evacuees, for expenditures for transportation, food, clothing, medicines and
15 medical care, and like items. [Such] Any expenditures shall be reimbursed by the party State of
16 which the evacuees are residents, or by the United States Government under plans approved by
17 it. After the termination of the emergency or disaster, the party State of which the evacuees are
18 residents shall assume the responsibility for the ultimate support or repatriation of [such] the
19 evacuees.
20
21 Article 10
22
23 MEMBER STATES
24
25 This compact shall be available to [the States of Arizona, California, Colorado, Idaho,
26 Montana, Nevada, New Mexico, Oregon, Washington, and Wyoming, and the Territories of
27 Alaska and Hawaii] any state of the United States and the District of Columbia.
28
29 Article 11
30
31 COMMITTEE ACTION AND REQUESTS

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1 The committee established pursuant to Article 1 of this compact may request the Civil
2 Defense Agency of the United States Government to act as an informational and coordinating body
3 under this compact, and representatives of [such] that agency of the United States Government
4 may attend meetings of [such] the committee.
5
6 Article 12
7
8 WHEN COMPACT EFFECTIVE
9
10 This compact shall become operative immediately upon its ratification by any of the States
11 and Territories enumerated in Article 10 of this compact as between it and the State of Utah and
12 any other of [said] the States or Territories [so] ratifying it and shall be subject to approval by
13 Congress unless prior Congressional approval has been given. Duly authenticated copies of this
14 compact and of [such] any supplementary agreements [as may be] entered into shall, at the time
15 of their approval, be deposited with each of the party States and with the Civil Defense Agency
16 and other appropriate agencies of the United States Government.
17
18 Article 13
19
20 DURATION OF COMPACT
21
22 This compact shall continue in force and remain binding on each party State until the
23 Legislature or the Governor of [such] the party State takes action to withdraw [therefrom] from
24 it. [Such] Any action to withdraw shall not be effective until 30 days after notice [thereof] of the
25 action has been sent by the Governor of the party State desiring to withdraw to the Governors of
26 all other party States.
27
28 Article 14
29
30 CONSTRUCTION OF COMPACT -- CONSTITUTIONALITY
31

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1 This compact shall be construed to effectuate the purposes stated in Article 1 [hereof]. If
2 any provision of this compact is declared unconstitutional, or the applicability [thereof] to any
3 person or circumstance is held invalid, the constitutionality of the remainder of this compact and
4 the applicability [thereof] to other persons and circumstances shall not be affected [thereby].
5
6 Article 15
7
8 SCOPE OF COMPACT
9
10 (1) In addition to the situations in Article 1, this compact shall apply to:
11 (a) searches for and rescue of persons who are lost, marooned, or otherwise in danger;
12 (b) actions useful in coping with any disasters or designed to increase the capability to
13 cope with any disasters;
14 (c) incidents, or the threat of incidents, which endanger the health or safety of the public
15 and which require the use of special equipment, trained personnel, or personnel in larger numbers
16 than are locally available in order to reduce, counteract, or remove the danger;
17 (d) giving and receiving aid between political subdivisions of party States; and
18 (e) exercises, drills, or other training or practice activities designed to aid personnel to
19 prepare for, cope with, or prevent any disaster or other emergency to which this compact applies.
20 (2) Except as expressly limited by this compact or a supplementary agreement, any aid
21 authorized by this compact or a supplementary agreement may be furnished by any agency of a
22 party State, a political subdivision of the State, or by a joint agency of any two or more party States
23 or of their subdivisions. Any joint agency providing aid shall be entitled to reimbursement to the
24 same extent and in the same manner as a state. The personnel of a joint agency, when rendering
25 aid under this compact shall have the same rights, authority, and immunity as personnel of party
26 States.
27 (3) Nothing in this Article shall be construed to exclude from coverage under Articles 1
28 through 14 of this compact any matter which, in the absence of this Article, could reasonably be
29 construed to be covered.


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Legislative Review Note
as of 1-27-97 5:39 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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