38A:20-3. Interstate Civil Defense and Disaster Compact
An Act concerning interstate civil defense and ratifying on behalf of the State of New Jersey a compact therefor.
(L.1951, c. 8. Approved March 27, 1951.)
The Legislature of this State hereby ratifies a compact on behalf of the State of New Jersey with any other State 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 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 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 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, 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 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 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 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; 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 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 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 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 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 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 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 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 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.
Duly authenticated copies of this act shall, upon its approval, be transmitted to the Governor of each State, to the President of the Senate of the United States, to the Speaker of the United States House of Representatives, to the Federal Civil Defense Administration, to the Secretary of State of the United States, and to the Council of State Governments.
Nothing contained in this act shall be construed as limiting, directly or indirectly, the power of the Governor to enter into interstate compacts or other agreements, relating to civil defense in an emergency, or impairing in any respect the force and effect thereof.
This act shall take effect immediately.
L.1963, c. 109.
Structure New Jersey Revised Statutes
Title 38A - Military and Veterans Law
Section 38A:1-1 - Definitions.
Section 38A:1-2 - Composition of militia
Section 38A:1-3 - Classes of militia
Section 38A:1-4 - Exemptions from militia duty
Section 38A:1-5 - Persons who may administer oaths
Section 38A:1-6 - Federal regulations to govern
Section 38A:2-1 - Governor to be commander-in-chief
Section 38A:2-2 - Governor's staff
Section 38A:2-3 - Proclamation of martial law
Section 38A:2-4 - Militia ordered to active duty in certain cases
Section 38A:2-5 - Call or order into Federal service
Section 38A:2-6 - Regulation by Governor
Section 38A:2-8 - Patriots Corner established.
Section 38A:2-9 - Patriots Corner Tribute Fund.
Section 38A:3-1 - Principal department
Section 38A:3-1a - Refer to Department of Military and Veterans' Affairs
Section 38A:3-1.1 - Findings, declarations
Section 38A:3-1.2 - Department, veteran defined
Section 38A:3-2 - Personnel of department
Section 38A:3-2a - Divisions established
Section 38A:3-2b - Duties, qualifications of Division of Veterans' Healthcare Services.
Section 38A:3-2b1 - Transfer of remains.
Section 38A:3-2b2 - Establishment of program to appoint guardians for certain veterans
Section 38A:3-2b2.1 - Quarterly town hall meetings with veterans' guardians.
Section 38A:3-2b2.2 - Guardian may remove veteran from memorial home.
Section 38A:3-2b2.3 - Veterans' memorial homes to communicate with guardians.
Section 38A:3-2b3 - Duties of Adjutant General
Section 38A:3-2b4 - Unclaimed cremains, receipt by certain veterans' organization after one year.
Section 38A:3-2b5 - Drug testing required for certain employees of veterans memorial homes.
Section 38A:3-2b7 - Weekly report on status of State veterans' homes.
Section 38A:3-2b8 - Resident advocate at State veterans' memorial home.
Section 38A:3-2c - Director of Division of Veterans' Healthcare Services.
Section 38A:3-2d - Division of Veterans' Loans, Grants and Services
Section 38A:3-2d1 - Transfer of moneys, property
Section 38A:3-2e - Loans, grants, services director
Section 38A:3-2f - Division of Training, Information and Referrals
Section 38A:3-2g - Training, information, referrals director
Section 38A:3-2i - Retention of civil service rights
Section 38A:3-2j - Short title.
Section 38A:3-2k - Military and Defense Economic Ombudsman.
Section 38A:3-2l - Purpose, duties of ombudsman.
Section 38A:3-2m - Efforts to eliminate barriers to investment, growth.
Section 38A:3-2n - Education and outreach efforts.
Section 38A:3-2o - Annual report; rules, regulations.
Section 38A:3-2.2 - Regulations
Section 38A:3-2.3 - Application of State Agency Transfer Act
Section 38A:3-2.4 - World War II Veterans' Memorial Fund.
Section 38A:3-2.5 - Donations, grants for World War II Memorial.
Section 38A:3-3 - Adjutant General
Section 38A:3-4.1 - Administrator
Section 38A:3-5 - Deputy adjutant general.
Section 38A:3-5.1 - Assistant adjutant generals; rank
Section 38A:3-6 - Powers, duties.
Section 38A:3-6a - Criteria for designation as "veteran," "disabled veteran."
Section 38A:3-6.2a - Short title.
Section 38A:3-6.2b - "New Jersey Homeless Veterans Grant Program."
Section 38A:3-6.2c - Short title.
Section 38A:3-6.2d - Provision of legal services to homeless, at risk of homelessness veterans.
Section 38A:3-6.3 - Definitions
Section 38A:3-6.4 - Powers of the Adjutant General
Section 38A:3-6.4a - Definitions
Section 38A:3-6.4b - Conditions of closing facilities, privatizing services
Section 38A:3-6.4c - Follow-up studies relative to former residents of veterans' memorial homes.
Section 38A:3-6.4d - Compilation of results of follow-up studies; reports.
Section 38A:3-6.5 - Application for admission to veterans' facility
Section 38A:3-6.7 - Temporary admission of disabled veteran
Section 38A:3-6.8 - Benefits to admitted persons
Section 38A:3-6.9 - Removal of member from veterans' facility
Section 38A:3-6.10 - Designation of State hospital as treatment unit for mentally ill veterans
Section 38A:3-6.11 - Requirements for admission of veteran to State treatment unit
Section 38A:3-6.13 - Four advisory councils created
Section 38A:3-6.14 - Duties of advisory councils
Section 38A:3-6.15 - Duties of Veterans' Memorial Cemetery Advisory Council - Arneytown
Section 38A:3-6.16 - Unclaimed property
Section 38A:3-6.17 - Functions, powers, duties transferred to Adjutant General
Section 38A:3-6.18 - Reference to Adjutant General
Section 38A:3-6.19 - Adjutant General, duties
Section 38A:3-7 - Rank and precedence
Section 38A:3-8 - Classes of personnel
Section 38A:3-9 - United States Property and Fiscal Officer
Section 38A:3-10 - Fees for services
Section 38A:3-11 - Certification of records
Section 38A:3-12 - Veterans' preference
Section 38A:3-13 - Quota; disabled veterans.
Section 38A:3-14 - Employment quota preference plan
Section 38A:3-15 - Departmental approval
Section 38A:3-17 - Council members entitled to reimbursement
Section 38A:3-18 - Selection of chairman, secretary
Section 38A:3-19 - Purpose of council; responsibilities.
Section 38A:3-20 - Report to Governor, Legislature
Section 38A:3-21 - Powers of council
Section 38A:3-22 - Present members not affected
Section 38A:3-24 - Definitions applicable to sections 4 through 11.
Section 38A:3-25 - Full-time course equivalents established.
Section 38A:3-26 - Tuition credit for eligible veterans.
Section 38A:3-27 - Schedule for tuition credit to eligible veteran.
Section 38A:3-28 - Amount of benefits.
Section 38A:3-29 - Reimbursement for tuition credit.
Section 38A:3-30 - Benefits not considered income to determine financial need.
Section 38A:3-31 - Apportionment of benefits.
Section 38A:3-32 - Definitions applicable to sections 12 through 16.
Section 38A:3-33 - Tuition assistance for Vietnam veterans.
Section 38A:3-34 - Allowable benefit amount for Vietnam veteran.
Section 38A:3-35 - Granting of tuition award after other sources of aid.
Section 38A:3-36 - Eligibility for program.
Section 38A:3-37 - Rules, regulations.
Section 38A:3-38 - Commission on Women Veterans.
Section 38A:3-39 - Membership of commission; terms; vacancies.
Section 38A:3-40 - Reimbursement of members.
Section 38A:3-41 - Organization, officers.
Section 38A:3-42 - Meetings, hearings.
Section 38A:3-43 - Public hearings.
Section 38A:3-44 - Assistance, services available to commission.
Section 38A:3-45 - Reports to Governor, Legislature, Deputy Commissioner.
Section 38A:3-46a - Registry of organizations providing services to military veterans.
Section 38A:3-47 - Veterans Haven Councils.
Section 38A:3-48 - Duties of Veterans Haven Councils.
Section 38A:3-49 - Assistance for travel for certain veterans.
Section 38A:3-51 - Findings, declarations relative to a Gold Star Family Counseling program.
Section 38A:3-52 - Definitions relative to a Gold Star Family Counseling program.
Section 38A:3-53 - "Gold Star Family Counseling Program."
Section 38A:3-54 - Immunity from civil liability.
Section 38A:3-55 - Grants for development, implementation.
Section 38A:3-56 - New Jersey Commission on Veterans' Benefits.
Section 38A:3-57 - Duties of commissioner.
Section 38A:3-58 - Strategic plan, reports.
Section 38A:4-1 - Eligibility, qualifications and administration
Section 38A:4-3 - Pay, allowances; $100 daily minimum for State active duty
Section 38A:4-4 - Leave of absence without loss of pay, exceptions.
Section 38A:4-6 - Exemption from jury duty
Section 38A:4-7 - Exemption from process
Section 38A:4-8 - Compensation exempt from legal process
Section 38A:4-11 - Retirement; detail to active duty
Section 38A:4-12 - Credit for war service
Section 38A:4-13 - Free passage on toll roads and other toll facilities
Section 38A:4-14 - Free passage through toll gates and over toll roads and facilities
Section 38A:5-1 - Nominating, appointing and commissioning of officers
Section 38A:5-2 - Oath of office
Section 38A:5-4 - Acceptance of commission not to vacate civil office
Section 38A:5-5 - Uniforms and equipment
Section 38A:5-6 - Examination as to fitness
Section 38A:5-7 - Resignation of officers
Section 38A:5-8 - Vacating commissions or warrants
Section 38A:5-9 - Unassigned list
Section 38A:6-1 - Terms of enlistment
Section 38A:6-2 - Oath of enlistment
Section 38A:6-3 - Who may administer oath of enlistment
Section 38A:6-4 - Extension of terms of service
Section 38A:7-1 - Organizations and units
Section 38A:7-2 - Use of designations
Section 38A:7-3 - Administration, discipline and training
Section 38A:7-4 - Federal recognition of officers and enlisted members
Section 38A:7-5 - Inactive National Guard
Section 38A:8-1 - Organization and composition
Section 38A:8-2 - Administration, discipline and training
Section 38A:8-3 - Inactive Naval Militia
Section 38A:9-1 - Organization and composition
Section 38A:9-2 - Governor may prescribe regulations
Section 38A:9-3 - Use of armories and equipment
Section 38A:10-1 - Persons subject
Section 38A:10-2 - Territorial applicability
Section 38A:10-3 - Military courts
Section 38A:10-4 - Trial by civil authority; when authorized
Section 38A:10-5 - Persons authorized to execute process
Section 38A:10-6 - Confinement of persons committed by military court
Section 38A:10-7 - Payment of fines; disposition
Section 38A:10-8 - Indemnity for action of military court
Section 38A:10-9 - Reporter and witness fees
Section 38A:10-10 - Fees of civil officers; costs; records
Section 38A:11-1 - Funds of disbanded organizations
Section 38A:11-2 - Bonds of officers responsible for funds and public property
Section 38A:11-3 - Financial and personal responsibility
Section 38A:11-4 - Liability for lost or destroyed property
Section 38A:11-5 - Value of lost or destroyed property chargeable to person at fault
Section 38A:11-7 - Recovery of moneys due for lost or destroyed property
Section 38A:11-8 - Action before Superior Court
Section 38A:11-9 - Seizure of military property
Section 38A:11-10 - Issuance of search warrant
Section 38A:11-11 - Delivery of property
Section 38A:11-12 - Loan of equipage and stores to veterans organizations
Section 38A:11-13 - Military property exempt from process of law
Section 38A:11-14 - Sale of military property
Section 38A:12-2 - Lease or conveyance of real property by a county or municipality
Section 38A:12-3 - Supervision of construction
Section 38A:12-4 - Construction costs
Section 38A:12-5 - Nonmilitary use
Section 38A:12-6 - Sale of surplus property
Section 38A:12-7 - Use of proceeds
Section 38A:12-8 - Purchase by county or municipality authorized
Section 38A:13-1 - Medical care and compensation
Section 38A:13-1.1 - Claim for compensation
Section 38A:13-1.2 - Other compensation or determination surrendered by militia member
Section 38A:13-2 - Basis of compensation
Section 38A:13-3 - Claimant subject to examination
Section 38A:13-4 - Board to consider claim
Section 38A:13-5 - Payment of claims
Section 38A:13-6 - Limitation on claims
Section 38A:13-8 - Death in line of duty; benefits
Section 38A:13-9 - Death benefit
Section 38A:13-10 - Findings, declarations relative to a veteran peer support telephone helpline.
Section 38A:13-11 - Establishment of helpline.
Section 38A:13-12 - List of credentialed health care providers.
Section 38A:13-13 - Quarterly consultations.
Section 38A:14-1 - Right of way while performing military duty
Section 38A:14-2 - Unlawful sale or detention of military property
Section 38A:14-3 - Discrimination against uniform.
Section 38A:14-4 - Depriving military service member of employment.
Section 38A:14-5 - New Jersey Stolen Valor Act.
Section 38A:14-6 - Trespass upon or destruction or damage of militia property
Section 38A:14-7 - Trespassers and disturbers may be placed in arrest
Section 38A:14-8 - Assault on troops
Section 38A:14-9 - Interference or failure to respond to order or call
Section 38A:14-10 - Gambling, auction sales and huckstery prohibited
Section 38A:15-1 - Faithful service medals
Section 38A:15-2 - Distinguished service, meritorious service medals.
Section 38A:15-4 - Creation of New Jersey POW-MIA medal; award, conditions.
Section 38A:15-5 - Requests for, issuance of medal.
Section 38A:15-6 - "POW-MIA Medal Fund;" use.
Section 38A:15-7 - Creation of New Jersey Honor Guard Ribbon.
Section 38A:15-8 - New Jersey Honor Guard Ribbon presented to certain military funeral buglers.
Section 38A:15-10 - New Jersey Global War on Terrorism Medal.
Section 38A:16-1 - Use without this State
Section 38A:16-2 - Permission to forces of other States
Section 38A:17-2 - "Emergency" defined
Section 38A:18-1 - "Emergency" defined
Section 38A:18-2 - Authority of Governor
Section 38A:18-3 - Subject matter of agreements or compacts with other States
Section 38A:18-4 - Governor's power to enter into interstate compacts not limited by act
Section 38A:19-1 - Statutes repealed
Section 38A:19-2 - Effect of repeal
Section 38A:19-3 - Act not to be printed in Pamphlet Law
Section 38A:19-4 - Effective date
Section 38A:20-1 - Statutes saved from repeal; compiled
Section 38A:20-2 - Interstate Compact for Mutual Military Aid in an Emergency
Section 38A:20-3 - Interstate Civil Defense and Disaster Compact
Section 38A:20-3.1 - Article XV of the Interstate Civil Defense and Disaster Compact on mutual aid.