2010 California Code
Government Code
Article 3.6. Interstate Civil Defense And Disaster Compact ...

GOVERNMENT CODE
SECTION 177-178.5



177.  The Interstate Civil Defense and Disaster Compact as set forth
in Section 178 executed between the State of California, through its
then Governor, Earl Warren, on December 10, 1951, and other states
which are parties to the compact, is hereby ratified and approved.



178.  The provisions of the Interstate Civil Defense and Disaster
Compact between the State of California and other states which are
parties to the compact referred to in Section 177 are as follows:

   The State of California, through its Governor, duly authorized,
solemnly agrees with any other state or territory of the United
States which is or may become a party to this compact, as follows:

   Article 1.  The purpose of this compact is to provide mutual aid
among the states in meeting any emergency 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
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 and take all necessary steps for the
implementation of this compact.
   Article 2.  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, arm bands and any other distinctive articles to
designate and distinguish the different civil defense services;
   (b) Blackouts and practice blackouts, air raid drills,
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) The effective screening or extinguishing of all lights and
lighting devices and appliances;
   (e) Shutting off water mains, gas mains, electric power
connections and the suspension of all other utility services;
   (f) 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;
   (g) 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) The safety of public meetings or gatherings; and
   (i) Mobile support units.
   Article 3.  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 4.  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 5.  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 6.  Inasmuch as 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, 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 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.
   Article 7.  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 8.  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; 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 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 the 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.
   Article 9.  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, and 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 10.  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 11.  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 agency of the United
States Government may attend meetings of such committee.
   Article 12.  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 such 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.
   Article 13.  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 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 14.  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.

   Done at the State Capitol in Sacramento, this 10th day of December
in the year of our Lord one thousand nine hundred and fifty one.
   IN WITNESS WHEREOF I hereby affix my signature, pursuant to the
authority vested in me by law as Governor of the State of California.

   Signed   Earl Warren, Governor



178.5.  In addition to any other authority conferred upon him, the
Governor is authorized and may execute for, on behalf of, and in the
name of the State of California, the provisions of Article XV to the
Interstate Civil Defense and Disaster Compact, which provisions
provide as follows:

   Article XV.  (a) This article shall be in effect only as among
those states which have enacted it into law or in which the governors
have adopted it pursuant to constitutional or statutory authority
sufficient to give it the force of law as part of this compact.
Nothing contained in this article or in any supplementary agreement
made in implementation thereof shall be construed to abridge, impair
or supersede any other provision of this compact or any obligation
undertaken by a state pursuant thereto, except that if its terms so
provide a supplementary agreement in implementation of this article
may modify, expand or add to any such obligation as among the parties
to the supplementary agreement.
   (b) In addition to the occurrences, circumstances and subject
matters to which preceding articles of this compact make it
applicable, this compact and the authorizations, entitlements and
procedures thereof shall apply to:
   1. Searches for and rescue of persons who are lost, marooned, or
otherwise in danger.
   2. Action useful in coping with disasters arising from any cause
or designed to increase the capability to cope with any such
disasters.
   3. Incidents, or the imminence thereof, which endanger the health
or safety of the public and 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.
   4. The giving and receiving of aid by subdivisions of party
states.
   5. 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.
   (c) Except as expressly limited by this compact or a supplementary
agreement in force pursuant thereto, any aid authorized by this
compact or such supplementary agreement may be furnished by any
agency of a party state, a subdivision of such state, or by a joint
agency providing such aid shall be entitled to reimbursement therefor
to the same extent and in the same manner as a state. The personnel
of such a joint agency, when rendering 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 the
coverage of Articles I-XIV of this compact any matter which, in the
absence of this article, could reasonably be construed to be covered
thereby.
   (e) Nothing in subsection (a) shall be construed to limit previous
or future entry into the Interstate Civil Defense and Disaster
Compact of this state with other states.


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