State Codes and Statutes

Statutes > Kansas > Chapter48 > Article32 > Statutes_20770

48-3201

Chapter 48.--MILITIA, DEFENSE AND PUBLIC SAFETY
Article 32.--INTERSTATE CIVIL DEFENSE AND DISASTER COMPACT

      48-3201.   Interstate civil defense and disaster compact; authorizationto enter into pursuant to 48-3202; text.The interstate civil defense and disaster compact may be entered into inaccordance with the provisions of K.S.A. 48-3202 with all otherstates legally joining therein in the form substantially as follows:

INTERSTATE CIVIL DEFENSE AND DISASTER COMPACT

      The contracting states solemnly agree:

Article I.

      The purpose of this compact is to provide mutual aid among the states inmeeting any emergency or disaster from enemy attack or other cause (naturalor otherwise) including sabotage and subversive acts and direct attacks bybombs, shellfire, and atomic, radiological, chemical and bacteriologicalmeans, and other weapons. The prompt, full and effective utilization of theresources of the respective states, including such resources as may beavailable from the United States government or any other source, areessential to the safety, care and welfare of the people thereof in theevent of enemy action or other emergency, and any other resources,including personnel, equipment or supplies, shall be incorporated into aplan or plans of mutual aid to be developed among the civil defenseagencies or similar bodies of the states that are parties hereto. Thedirectors of civil defense of all party states shall constitute a committeeto formulate plans to take all necessary steps for the implementation ofthis compact.

Article II.

      It shall be the duty of each party state to formulate civil defenseplans and programs for application within such state. There shall befrequent consultation between the representatives of the states and withthe United States government and the free exchange of information andplans, including inventories of any materials and equipment available forcivil defense. In carrying out such civil defense plans and programs theparty 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 designateand distinguish the different civil defense services;

      (b)   Blackouts and practice blackouts, air-raid drills, mobilization ofcivil defense forces and other tests and exercises;

      (c)   Warnings and signals for drills or attacks and the mechanicaldevices to be used in connection therewith;

      (d)   The effective screening or extinguishing of all lights and lightingdevices and appliances;

      (e)   Shutting off water mains, gas mains, electric power connections andthe suspension of all other utility services;

      (f)   All materials or equipment used or to be used for civil defensepurposes in order to assure that such materials and equipment will beeasily and freely interchangeable when used in or by any other party state;

      (g)   The conduct of civilians and the movement and cessation of movementof pedestrians and vehicular traffic, prior, during and subsequent todrills or attacks;

      (h)   The safety of public meetings or gatherings; and

      (i)   Mobile support units.

Article III.

      Any party state requested to render mutual aid shall take such action asis necessary to provide and make available the resources covered by thiscompact in accordance with the terms hereof: Provided, That it isunderstood that the state rendering aid may withhold resources to theextent necessary to provide reasonable protection for such state. Eachparty state shall extend to the civil defense forces of any other partystate, while operating within its state limits under the terms andconditions of this compact, the same powers (except that of arrest unlessspecifically authorized by the receiving state), duties, rights, privilegesand immunities as if they were performing their duties in the state inwhich normally employed or rendering services. Civil defense forces willcontinue under the command and control of their regular leaders but theorganizational units will come under the operational control of the civildefense authorities of the state receiving assistance.

Article IV.

      Whenever any person holds a license, certificate or other permit issuedby any state evidencing the meeting of qualifications for professional,mechanical or other skills, such person may render aid involving such skillin any party state to meet an emergency or disaster and such state shallgive due recognition to such license, certificate or other permit as ifissued in the state in which aid is rendered.

Article V.

      No party state or its officers or employees rendering aid in anotherstate pursuant to this compact shall be liable on account of any act oromission in good faith on the part of such forces while so engaged, or onaccount of the maintenance or use of any equipment or supplies inconnection therewith.

Article VI.

      Inasmuch as it is probable that the pattern and detail of the machineryfor mutual aid among two or more states may differ from that appropriateamong other states party hereto, this instrument contains elements of abroad base common to all states, and nothing herein contained shallpreclude any state from entering into supplementary agreements with anotherstate or states. Such supplementary agreements may comprehend, but shallnot be limited to, provisions for evacuation and reception of injured andother persons, and the exchange of medical, fire, police, public utility,reconnaissance, welfare, transportation and communications personnel,equipment and supplies.

Article VII.

      Each party state shall provide for the payment of compensation and deathbenefits to injured members of the civil defense forces of that state andthe representatives of deceased members of such forces in case such memberssustain injuries or are killed while rendering aid pursuant to thiscompact, in the same manner and on the same terms as if the injury or deathwere sustained within such state.

Article VIII.

      Any party state rendering aid in another state pursuant to this compactshall be reimbursed by the party state receiving such aid for any loss ordamage to, or expense incurred in the operation of any equipment answeringa request for aid, and for the cost incurred in connection with suchrequests: Provided, That any aiding party state may assume in whole orin part such loss, damage, expense or other cost, or may loan suchequipment or donate such services to the receiving party state withoutcharge or cost: And provided further, That any two or more partystates may enter into supplementary agreements establishing a differentallocation of costs as among those states. The United States government mayrelieve the party state receiving aid from any liability and reimburse theparty state supplying civil defense forces for the compensation paid to andthe transportation, subsistence and maintenance expenses of such forcesduring the time of the rendition of such aid or assistance outside thestate and may also pay fair and reasonable compensation for the use orutilization of the supplies, materials, equipment or facilities so utilizedor consumed.

Article IX.

      Plans for the orderly evacuation and reception of the civilianpopulation as the result of an emergency or disaster shall be worked outfrom time to time between representatives of the party states and thevarious local civil defense areas thereof. Such plans shall include themanner of transporting such evacuees, the number of evacuees to be receivedin different areas, the manner in which food, clothing, housing and medicalcare will be provided, the registration of the evacuees, the providing offacilities for the notification of relatives or friends and the forwardingof such evacuees to other areas or the bringing in of additional materialsand supplies, and all other relevant factors. Such plans shall provide thatthe party state receiving evacuees shall be reimbursed generally for theout-of-pocket expenses incurred in receiving and caring for such evacuees,for expenditures for transportation, food, clothing, medicines and medicalcare, and like items. Such expenditures shall be reimbursed by the partystate of which the evacuees are residents, or by the United Statesgovernment under plans approved by it. After the termination of theemergency or disaster the party state of which the evacuees are residentshall assume the responsibility for the ultimate support or repatriation ofsuch evacuees.

Article X.

      This compact shall be available to any state, territory or possession ofthe United States, and the District of Columbia. The term "state" may alsoinclude any neighboring foreign country or province or state thereof.

Article XI.

      The committee established pursuant to article I of this compact mayrequest the civil defense agency of the United States government to act asan informational and coordinating body under this compact, andrepresentatives of such agency of the United States government may attendmeetings of such committee.

Article XII.

      This compact shall become operative immediately upon its ratification byany state as between it and any other state or states so ratifying andshall be subject to approval by congress unless prior congressionalapproval has been given. Duly authenticated copies of this compact and ofsuch supplementary agreements as may be entered into shall, at the time oftheir approval, be deposited with each of the party states and the civildefense agency and other appropriate agencies of the United Statesgovernment.

Article XIII.

      This compact shall continue in force and remain binding on each partystate until the legislature or the governor of such party state takesaction to withdraw therefrom. Such action shall not be effective untilthirty (30) days after notice thereof has been sent by the governor of theparty state desiring to withdraw to the governors of all other partystates.

Article XIV.

      This compact shall be construed to effectuate the purposes stated inarticle I hereof. If any provision of this compact is declaredunconstitutional, or the applicability thereof to any person orcircumstance is held invalid, the constitutionality of the remainder ofthis compact and the applicability thereof to other persons andcircumstances shall not be affected thereby.

Article XV.

      (a)   This article shall be in effect only as among those states whichhave enacted it into law or in which the governors have adopted it pursuantto constitutional or statutory authority sufficient to give it the force oflaw as part of this compact. Nothing contained in this article or in anysupplementary agreement made in implementation thereof shall be construedto abridge, impair or supersede any other provision of this compact or anyobligation undertaken by a state pursuant thereto, except that if its termsso provide, a supplementary agreement in implementation of this article maymodify, expand or add to any such obligation as among the parties to thesupplementary agreement.

      (b)   In addition to the occurrences, circumstances and subject matters towhich preceding articles of this compact make it applicable, this compactand the authorizations, entitlements and procedures thereof shall apply to:(1) Searches for and rescue of persons who are lost, marooned, or otherwisein danger;

      (2)   action useful in coping with disasters arising from any cause ordesigned to increase capability to cope with any such disasters;

      (3)   incidents which endanger the health or safety of the public andwhich require the use of special equipment, trained personnel or personnelin larger numbers than are locally available in order to reduce, counteractor 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 designedto prepare personnel to cope with any disaster or other emergency to whichthis compact applies.

      (c)   Except as expressly limited by this compact or a supplementaryagreement in force pursuant thereto, any aid authorized by this compact orsuch supplementary agreement may be furnished by any agency of a partystate, a subdivision of such state, or by a joint agency of any two or moreparty states or of their subdivisions. Any joint agency providing such aidshall be entitled to reimbursement therefor to the same extent and in thesame manner as a state. The personnel of such a joint agency, whenrendering 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 thecoverage of articles I-XIV of this compact any matter which, in the absenceof this article, could reasonably be construed to be covered thereby.

      History:   L. 1975, ch. 282, § 1; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter48 > Article32 > Statutes_20770

48-3201

Chapter 48.--MILITIA, DEFENSE AND PUBLIC SAFETY
Article 32.--INTERSTATE CIVIL DEFENSE AND DISASTER COMPACT

      48-3201.   Interstate civil defense and disaster compact; authorizationto enter into pursuant to 48-3202; text.The interstate civil defense and disaster compact may be entered into inaccordance with the provisions of K.S.A. 48-3202 with all otherstates legally joining therein in the form substantially as follows:

INTERSTATE CIVIL DEFENSE AND DISASTER COMPACT

      The contracting states solemnly agree:

Article I.

      The purpose of this compact is to provide mutual aid among the states inmeeting any emergency or disaster from enemy attack or other cause (naturalor otherwise) including sabotage and subversive acts and direct attacks bybombs, shellfire, and atomic, radiological, chemical and bacteriologicalmeans, and other weapons. The prompt, full and effective utilization of theresources of the respective states, including such resources as may beavailable from the United States government or any other source, areessential to the safety, care and welfare of the people thereof in theevent of enemy action or other emergency, and any other resources,including personnel, equipment or supplies, shall be incorporated into aplan or plans of mutual aid to be developed among the civil defenseagencies or similar bodies of the states that are parties hereto. Thedirectors of civil defense of all party states shall constitute a committeeto formulate plans to take all necessary steps for the implementation ofthis compact.

Article II.

      It shall be the duty of each party state to formulate civil defenseplans and programs for application within such state. There shall befrequent consultation between the representatives of the states and withthe United States government and the free exchange of information andplans, including inventories of any materials and equipment available forcivil defense. In carrying out such civil defense plans and programs theparty 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 designateand distinguish the different civil defense services;

      (b)   Blackouts and practice blackouts, air-raid drills, mobilization ofcivil defense forces and other tests and exercises;

      (c)   Warnings and signals for drills or attacks and the mechanicaldevices to be used in connection therewith;

      (d)   The effective screening or extinguishing of all lights and lightingdevices and appliances;

      (e)   Shutting off water mains, gas mains, electric power connections andthe suspension of all other utility services;

      (f)   All materials or equipment used or to be used for civil defensepurposes in order to assure that such materials and equipment will beeasily and freely interchangeable when used in or by any other party state;

      (g)   The conduct of civilians and the movement and cessation of movementof pedestrians and vehicular traffic, prior, during and subsequent todrills or attacks;

      (h)   The safety of public meetings or gatherings; and

      (i)   Mobile support units.

Article III.

      Any party state requested to render mutual aid shall take such action asis necessary to provide and make available the resources covered by thiscompact in accordance with the terms hereof: Provided, That it isunderstood that the state rendering aid may withhold resources to theextent necessary to provide reasonable protection for such state. Eachparty state shall extend to the civil defense forces of any other partystate, while operating within its state limits under the terms andconditions of this compact, the same powers (except that of arrest unlessspecifically authorized by the receiving state), duties, rights, privilegesand immunities as if they were performing their duties in the state inwhich normally employed or rendering services. Civil defense forces willcontinue under the command and control of their regular leaders but theorganizational units will come under the operational control of the civildefense authorities of the state receiving assistance.

Article IV.

      Whenever any person holds a license, certificate or other permit issuedby any state evidencing the meeting of qualifications for professional,mechanical or other skills, such person may render aid involving such skillin any party state to meet an emergency or disaster and such state shallgive due recognition to such license, certificate or other permit as ifissued in the state in which aid is rendered.

Article V.

      No party state or its officers or employees rendering aid in anotherstate pursuant to this compact shall be liable on account of any act oromission in good faith on the part of such forces while so engaged, or onaccount of the maintenance or use of any equipment or supplies inconnection therewith.

Article VI.

      Inasmuch as it is probable that the pattern and detail of the machineryfor mutual aid among two or more states may differ from that appropriateamong other states party hereto, this instrument contains elements of abroad base common to all states, and nothing herein contained shallpreclude any state from entering into supplementary agreements with anotherstate or states. Such supplementary agreements may comprehend, but shallnot be limited to, provisions for evacuation and reception of injured andother persons, and the exchange of medical, fire, police, public utility,reconnaissance, welfare, transportation and communications personnel,equipment and supplies.

Article VII.

      Each party state shall provide for the payment of compensation and deathbenefits to injured members of the civil defense forces of that state andthe representatives of deceased members of such forces in case such memberssustain injuries or are killed while rendering aid pursuant to thiscompact, in the same manner and on the same terms as if the injury or deathwere sustained within such state.

Article VIII.

      Any party state rendering aid in another state pursuant to this compactshall be reimbursed by the party state receiving such aid for any loss ordamage to, or expense incurred in the operation of any equipment answeringa request for aid, and for the cost incurred in connection with suchrequests: Provided, That any aiding party state may assume in whole orin part such loss, damage, expense or other cost, or may loan suchequipment or donate such services to the receiving party state withoutcharge or cost: And provided further, That any two or more partystates may enter into supplementary agreements establishing a differentallocation of costs as among those states. The United States government mayrelieve the party state receiving aid from any liability and reimburse theparty state supplying civil defense forces for the compensation paid to andthe transportation, subsistence and maintenance expenses of such forcesduring the time of the rendition of such aid or assistance outside thestate and may also pay fair and reasonable compensation for the use orutilization of the supplies, materials, equipment or facilities so utilizedor consumed.

Article IX.

      Plans for the orderly evacuation and reception of the civilianpopulation as the result of an emergency or disaster shall be worked outfrom time to time between representatives of the party states and thevarious local civil defense areas thereof. Such plans shall include themanner of transporting such evacuees, the number of evacuees to be receivedin different areas, the manner in which food, clothing, housing and medicalcare will be provided, the registration of the evacuees, the providing offacilities for the notification of relatives or friends and the forwardingof such evacuees to other areas or the bringing in of additional materialsand supplies, and all other relevant factors. Such plans shall provide thatthe party state receiving evacuees shall be reimbursed generally for theout-of-pocket expenses incurred in receiving and caring for such evacuees,for expenditures for transportation, food, clothing, medicines and medicalcare, and like items. Such expenditures shall be reimbursed by the partystate of which the evacuees are residents, or by the United Statesgovernment under plans approved by it. After the termination of theemergency or disaster the party state of which the evacuees are residentshall assume the responsibility for the ultimate support or repatriation ofsuch evacuees.

Article X.

      This compact shall be available to any state, territory or possession ofthe United States, and the District of Columbia. The term "state" may alsoinclude any neighboring foreign country or province or state thereof.

Article XI.

      The committee established pursuant to article I of this compact mayrequest the civil defense agency of the United States government to act asan informational and coordinating body under this compact, andrepresentatives of such agency of the United States government may attendmeetings of such committee.

Article XII.

      This compact shall become operative immediately upon its ratification byany state as between it and any other state or states so ratifying andshall be subject to approval by congress unless prior congressionalapproval has been given. Duly authenticated copies of this compact and ofsuch supplementary agreements as may be entered into shall, at the time oftheir approval, be deposited with each of the party states and the civildefense agency and other appropriate agencies of the United Statesgovernment.

Article XIII.

      This compact shall continue in force and remain binding on each partystate until the legislature or the governor of such party state takesaction to withdraw therefrom. Such action shall not be effective untilthirty (30) days after notice thereof has been sent by the governor of theparty state desiring to withdraw to the governors of all other partystates.

Article XIV.

      This compact shall be construed to effectuate the purposes stated inarticle I hereof. If any provision of this compact is declaredunconstitutional, or the applicability thereof to any person orcircumstance is held invalid, the constitutionality of the remainder ofthis compact and the applicability thereof to other persons andcircumstances shall not be affected thereby.

Article XV.

      (a)   This article shall be in effect only as among those states whichhave enacted it into law or in which the governors have adopted it pursuantto constitutional or statutory authority sufficient to give it the force oflaw as part of this compact. Nothing contained in this article or in anysupplementary agreement made in implementation thereof shall be construedto abridge, impair or supersede any other provision of this compact or anyobligation undertaken by a state pursuant thereto, except that if its termsso provide, a supplementary agreement in implementation of this article maymodify, expand or add to any such obligation as among the parties to thesupplementary agreement.

      (b)   In addition to the occurrences, circumstances and subject matters towhich preceding articles of this compact make it applicable, this compactand the authorizations, entitlements and procedures thereof shall apply to:(1) Searches for and rescue of persons who are lost, marooned, or otherwisein danger;

      (2)   action useful in coping with disasters arising from any cause ordesigned to increase capability to cope with any such disasters;

      (3)   incidents which endanger the health or safety of the public andwhich require the use of special equipment, trained personnel or personnelin larger numbers than are locally available in order to reduce, counteractor 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 designedto prepare personnel to cope with any disaster or other emergency to whichthis compact applies.

      (c)   Except as expressly limited by this compact or a supplementaryagreement in force pursuant thereto, any aid authorized by this compact orsuch supplementary agreement may be furnished by any agency of a partystate, a subdivision of such state, or by a joint agency of any two or moreparty states or of their subdivisions. Any joint agency providing such aidshall be entitled to reimbursement therefor to the same extent and in thesame manner as a state. The personnel of such a joint agency, whenrendering 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 thecoverage of articles I-XIV of this compact any matter which, in the absenceof this article, could reasonably be construed to be covered thereby.

      History:   L. 1975, ch. 282, § 1; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter48 > Article32 > Statutes_20770

48-3201

Chapter 48.--MILITIA, DEFENSE AND PUBLIC SAFETY
Article 32.--INTERSTATE CIVIL DEFENSE AND DISASTER COMPACT

      48-3201.   Interstate civil defense and disaster compact; authorizationto enter into pursuant to 48-3202; text.The interstate civil defense and disaster compact may be entered into inaccordance with the provisions of K.S.A. 48-3202 with all otherstates legally joining therein in the form substantially as follows:

INTERSTATE CIVIL DEFENSE AND DISASTER COMPACT

      The contracting states solemnly agree:

Article I.

      The purpose of this compact is to provide mutual aid among the states inmeeting any emergency or disaster from enemy attack or other cause (naturalor otherwise) including sabotage and subversive acts and direct attacks bybombs, shellfire, and atomic, radiological, chemical and bacteriologicalmeans, and other weapons. The prompt, full and effective utilization of theresources of the respective states, including such resources as may beavailable from the United States government or any other source, areessential to the safety, care and welfare of the people thereof in theevent of enemy action or other emergency, and any other resources,including personnel, equipment or supplies, shall be incorporated into aplan or plans of mutual aid to be developed among the civil defenseagencies or similar bodies of the states that are parties hereto. Thedirectors of civil defense of all party states shall constitute a committeeto formulate plans to take all necessary steps for the implementation ofthis compact.

Article II.

      It shall be the duty of each party state to formulate civil defenseplans and programs for application within such state. There shall befrequent consultation between the representatives of the states and withthe United States government and the free exchange of information andplans, including inventories of any materials and equipment available forcivil defense. In carrying out such civil defense plans and programs theparty 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 designateand distinguish the different civil defense services;

      (b)   Blackouts and practice blackouts, air-raid drills, mobilization ofcivil defense forces and other tests and exercises;

      (c)   Warnings and signals for drills or attacks and the mechanicaldevices to be used in connection therewith;

      (d)   The effective screening or extinguishing of all lights and lightingdevices and appliances;

      (e)   Shutting off water mains, gas mains, electric power connections andthe suspension of all other utility services;

      (f)   All materials or equipment used or to be used for civil defensepurposes in order to assure that such materials and equipment will beeasily and freely interchangeable when used in or by any other party state;

      (g)   The conduct of civilians and the movement and cessation of movementof pedestrians and vehicular traffic, prior, during and subsequent todrills or attacks;

      (h)   The safety of public meetings or gatherings; and

      (i)   Mobile support units.

Article III.

      Any party state requested to render mutual aid shall take such action asis necessary to provide and make available the resources covered by thiscompact in accordance with the terms hereof: Provided, That it isunderstood that the state rendering aid may withhold resources to theextent necessary to provide reasonable protection for such state. Eachparty state shall extend to the civil defense forces of any other partystate, while operating within its state limits under the terms andconditions of this compact, the same powers (except that of arrest unlessspecifically authorized by the receiving state), duties, rights, privilegesand immunities as if they were performing their duties in the state inwhich normally employed or rendering services. Civil defense forces willcontinue under the command and control of their regular leaders but theorganizational units will come under the operational control of the civildefense authorities of the state receiving assistance.

Article IV.

      Whenever any person holds a license, certificate or other permit issuedby any state evidencing the meeting of qualifications for professional,mechanical or other skills, such person may render aid involving such skillin any party state to meet an emergency or disaster and such state shallgive due recognition to such license, certificate or other permit as ifissued in the state in which aid is rendered.

Article V.

      No party state or its officers or employees rendering aid in anotherstate pursuant to this compact shall be liable on account of any act oromission in good faith on the part of such forces while so engaged, or onaccount of the maintenance or use of any equipment or supplies inconnection therewith.

Article VI.

      Inasmuch as it is probable that the pattern and detail of the machineryfor mutual aid among two or more states may differ from that appropriateamong other states party hereto, this instrument contains elements of abroad base common to all states, and nothing herein contained shallpreclude any state from entering into supplementary agreements with anotherstate or states. Such supplementary agreements may comprehend, but shallnot be limited to, provisions for evacuation and reception of injured andother persons, and the exchange of medical, fire, police, public utility,reconnaissance, welfare, transportation and communications personnel,equipment and supplies.

Article VII.

      Each party state shall provide for the payment of compensation and deathbenefits to injured members of the civil defense forces of that state andthe representatives of deceased members of such forces in case such memberssustain injuries or are killed while rendering aid pursuant to thiscompact, in the same manner and on the same terms as if the injury or deathwere sustained within such state.

Article VIII.

      Any party state rendering aid in another state pursuant to this compactshall be reimbursed by the party state receiving such aid for any loss ordamage to, or expense incurred in the operation of any equipment answeringa request for aid, and for the cost incurred in connection with suchrequests: Provided, That any aiding party state may assume in whole orin part such loss, damage, expense or other cost, or may loan suchequipment or donate such services to the receiving party state withoutcharge or cost: And provided further, That any two or more partystates may enter into supplementary agreements establishing a differentallocation of costs as among those states. The United States government mayrelieve the party state receiving aid from any liability and reimburse theparty state supplying civil defense forces for the compensation paid to andthe transportation, subsistence and maintenance expenses of such forcesduring the time of the rendition of such aid or assistance outside thestate and may also pay fair and reasonable compensation for the use orutilization of the supplies, materials, equipment or facilities so utilizedor consumed.

Article IX.

      Plans for the orderly evacuation and reception of the civilianpopulation as the result of an emergency or disaster shall be worked outfrom time to time between representatives of the party states and thevarious local civil defense areas thereof. Such plans shall include themanner of transporting such evacuees, the number of evacuees to be receivedin different areas, the manner in which food, clothing, housing and medicalcare will be provided, the registration of the evacuees, the providing offacilities for the notification of relatives or friends and the forwardingof such evacuees to other areas or the bringing in of additional materialsand supplies, and all other relevant factors. Such plans shall provide thatthe party state receiving evacuees shall be reimbursed generally for theout-of-pocket expenses incurred in receiving and caring for such evacuees,for expenditures for transportation, food, clothing, medicines and medicalcare, and like items. Such expenditures shall be reimbursed by the partystate of which the evacuees are residents, or by the United Statesgovernment under plans approved by it. After the termination of theemergency or disaster the party state of which the evacuees are residentshall assume the responsibility for the ultimate support or repatriation ofsuch evacuees.

Article X.

      This compact shall be available to any state, territory or possession ofthe United States, and the District of Columbia. The term "state" may alsoinclude any neighboring foreign country or province or state thereof.

Article XI.

      The committee established pursuant to article I of this compact mayrequest the civil defense agency of the United States government to act asan informational and coordinating body under this compact, andrepresentatives of such agency of the United States government may attendmeetings of such committee.

Article XII.

      This compact shall become operative immediately upon its ratification byany state as between it and any other state or states so ratifying andshall be subject to approval by congress unless prior congressionalapproval has been given. Duly authenticated copies of this compact and ofsuch supplementary agreements as may be entered into shall, at the time oftheir approval, be deposited with each of the party states and the civildefense agency and other appropriate agencies of the United Statesgovernment.

Article XIII.

      This compact shall continue in force and remain binding on each partystate until the legislature or the governor of such party state takesaction to withdraw therefrom. Such action shall not be effective untilthirty (30) days after notice thereof has been sent by the governor of theparty state desiring to withdraw to the governors of all other partystates.

Article XIV.

      This compact shall be construed to effectuate the purposes stated inarticle I hereof. If any provision of this compact is declaredunconstitutional, or the applicability thereof to any person orcircumstance is held invalid, the constitutionality of the remainder ofthis compact and the applicability thereof to other persons andcircumstances shall not be affected thereby.

Article XV.

      (a)   This article shall be in effect only as among those states whichhave enacted it into law or in which the governors have adopted it pursuantto constitutional or statutory authority sufficient to give it the force oflaw as part of this compact. Nothing contained in this article or in anysupplementary agreement made in implementation thereof shall be construedto abridge, impair or supersede any other provision of this compact or anyobligation undertaken by a state pursuant thereto, except that if its termsso provide, a supplementary agreement in implementation of this article maymodify, expand or add to any such obligation as among the parties to thesupplementary agreement.

      (b)   In addition to the occurrences, circumstances and subject matters towhich preceding articles of this compact make it applicable, this compactand the authorizations, entitlements and procedures thereof shall apply to:(1) Searches for and rescue of persons who are lost, marooned, or otherwisein danger;

      (2)   action useful in coping with disasters arising from any cause ordesigned to increase capability to cope with any such disasters;

      (3)   incidents which endanger the health or safety of the public andwhich require the use of special equipment, trained personnel or personnelin larger numbers than are locally available in order to reduce, counteractor 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 designedto prepare personnel to cope with any disaster or other emergency to whichthis compact applies.

      (c)   Except as expressly limited by this compact or a supplementaryagreement in force pursuant thereto, any aid authorized by this compact orsuch supplementary agreement may be furnished by any agency of a partystate, a subdivision of such state, or by a joint agency of any two or moreparty states or of their subdivisions. Any joint agency providing such aidshall be entitled to reimbursement therefor to the same extent and in thesame manner as a state. The personnel of such a joint agency, whenrendering 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 thecoverage of articles I-XIV of this compact any matter which, in the absenceof this article, could reasonably be construed to be covered thereby.

      History:   L. 1975, ch. 282, § 1; July 1.