§ 12-76-102 — Enactment of compact into law

Arkansas § 12-76-102

• Jurisdiction: Arkansas
• Title: 12

Text

The Interstate Civil Defense and Disaster Compact is enacted into law and entered into with all jurisdictions legally joining therein in the form substantially as follows: INTERSTATE CIVIL DEFENSE AND DISASTER COMPACT ARTICLE I The purpose of this compact is to provide mutual aid among the states in meeting any emergency or disaster from enemy attack, natural cause, or other cause. 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 contract. ARTICLE II 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 and any other distinctive articles to designate and distinguish the different civil defense services; (b) 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) Shutting off water mains, gas mains, electric power connections, and the suspension of all other utility services; (e) 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; (f) The conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic, prior, during, and subsequent to drills or attacks or disasters; (g) The safety of public meetings or gatherings; (h) Standardized data bank of response and recovery resources; and (i) Disaster forecasts and reports. ARTICLE III 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. ARTICLE IV 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. ARTICLE V 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. ARTICLE VI Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two (2) 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 complement, 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. ARTICLE VII 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. ARTICLE VIII 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, including amounts paid under Article VII; 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 (2) 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 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. The State of Arkansas will only honor reimbursement claims from other states rendering aid to Arkansas to the same level of reimbursement and for the same items or areas of cost as each of those states' interstate compact laws provide to requesting states. ARTICLE IX 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, 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. ARTICLE X 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. ARTICLE XI The committee established pursuant to Article I of this compact may request the Federal Emergency Management Agency, or its successor, 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. ARTICLE XII 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 supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party states and the Federal Emergency Management Agency, or its successor, and other appropriate agencies of the United States Government. ARTICLE XIII 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. ARTICLE XIV 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. ARTICLE XV It has been found and declared by the General Assembly of Arkansas that there is an immediate necessity to hasten the completion of plans to prepare this state and people thereof against the possibilities of disaster resulting from enemy attack, sabotage, or other hostile action or from natural disasters, such as fire, flood, earthquake, or other natural causes, and that enactment of this bill will hasten completion of such plans. Therefore, an emergency is declared to exist, this chapter being necessary for the preservation of the public peace, health, and safety, shall take effect and be in force and operation from the date of its approval. ARTICLE XVI DEFINITIONS: (1) "Civil defense" shall be used here to be synonymous with emergency services, emergency management, or future terms denoting an emergency or disaster response organization or capability with the chief goal of protecting life, limb, and/or property of citizens that could be lost because of a disaster agent. (2) "Civil defense forces" means all state, county, and local government agencies, departments, offices, and personnel, qualified emergency service workers as defined by § 12-75-103 , and all private volunteer citizens called upon by state officials to provide emergency service in response to a disaster agent or to one that is pending. (3) "State employees" include all persons paid wages or salaries by the State of Arkansas, all qualified emergency service workers as defined by § 12-75-103 , and all private volunteer Arkansas citizens called upon by state officials to provide emergency services.

Legislative History

Acts 1973, No. 232, § 2; A.S.A. 1947, § 11-2002; Acts 1989, No. 247, §§ 3-6.