The interstate civil defense and disaster compact, shall be in effect with all jurisdictions which have joined or which may join in the form substantially as contained in this section, provided that other jurisdictions have signified their joinder with this state by enactment without limitation as to parties or in some other manner sufficient in law to make it clear that joinder has been effected with this state. Q $KIP$ 1
The contracting states solemnly agree: Q $KIP$ 1
{Carticle 1.{{ The purpose of this compact is to provide mutual aid among the states in meeting any emergency or disaster. The prompt, full, and effective utilization of the resources of the respective states, including the 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 in the event of disaster, 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 to this contract. 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. Q $KIP$ 1
{Cart. 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 civil defense plans and programs the party states shall so far as possible provide and follow uniform standards, practices and rules in regard to:
1. Insignia, arm bands and any other distinctive articles to designate and distinguish the different civil defense services;
2. Blackouts and practice blackouts, air-raid drills, mobilization of civil defense forces and other tests and exercises;
3. Warnings and signals for drills or attacks and the mechanical devices to be used in connection therewith;
4. The effective screening or extinguishing of all lights and lighting devices and appliances;
5. Shutting off water mains, gas mains, electric power connections and the suspension of all other utility services;
6. 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;
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;
8. The safety of public meetings or gatherings; and
9. Mobile support units. Q $KIP$ 1
{Cart. 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 terms of the contract; but 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. Q $KIP$ 1
{Cart. 4.{{ Whenever a person holds a license, certificate, or other permit issued by a 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 the state shall give due recognition to such license, certificate or other permit as if issued in the state in which aid is rendered. Q $KIP$ 1
{Cart. 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 used in connection with rendering aid. Q $KIP$ 1
{Cart. 6.{{ If the pattern and detail of the machinery for mutual aid among two or more states differs from that appropriate among other party states, this instrument contains elements of a broad base common to all states, and nothing contained in it 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. Q $KIP$ 1
{Cart. 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 if 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. Q $KIP$ 1
{Cart. 8.{{ A 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 request; but 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 the services to the receiving party state without charge or cost and any two or more party states may enter into supplementary agreements establishing a different allocation of costs as among those states. The party state receiving aid may accept relief from the federal government from any liability and the party state supplying civil defense forces may accept reimbursement from the federal government for the compensation paid to and the transportation, subsistence, and maintenance expenses and supplies of such forces during the time of the rendition of such aid or assistance outside the state. Q $KIP$ 1
{Cart. 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. Such plans shall include the manner of transporting 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. The plans shall provide that the party state receiving evacuees shall be reimbursed generally for the actual and necessary expenses incurred in receiving and caring for evacuees, for expenditures for transportation, food, clothing, medicines and medical care, and like items. The 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. Q $KIP$ 1
{Cart. 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. Q $KIP$ 1
{Cart. 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 co-ordinating body under this compact, and representatives of such agency of the United States government may attend meetings of the committee. Q $KIP$ 1
{Cart. 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 supplementary agreements entered into by the party states shall, at the time of their approval, be deposited with each of the party states and the civil defense agency and other appropriate agencies of the United States government. Q $KIP$ 1
{Cart. 13.{{ This compact shall continue in force and remain binding on each party state until the legislature or the governor of the party state takes action to withdraw. The action shall not be effective until thirty days after notice has been sent by the governor of the party state desiring to withdraw to the governors of all other party states. Q $KIP$ 1
{Cart. 14.{{{Cart. 14.{{
1. 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.
2. 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:
a. Searches for and rescue of persons who are lost, marooned, or otherwise in danger;
b. Action useful in coping with disasters arising from any cause or designed to increase capability to cope with any such disasters;
c. 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;
d. The giving and receiving of aid by subdivisions of party states;
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.
3. 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 of any two or more party states or of their subdivisions. Any 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.
4. Nothing in this article shall be construed to exclude from the coverage of articles 1 to 13 of this compact any matter which, in the absence of this article, could reasonably be construed to be covered thereby.
[C62, § 28A.3, C66, 71, 73, 75, § 29C.3; C77, 79, 81, § 29C.21]
Iowa General Assembly
Search: Iowa Code 1997
© 1997 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Mon Jan 27 16:05:08 CST 1997
URL: /DOCS/IACODE/1997/29C/21.html
jhf