CHAPTER 121

An Act to amend and reenact §§ 44-141, 44-142, 44-144 and 44-145 of the
Code of Virginia, relating to civilian defense and to amend the Code
of Virginia by adding eight new sections numbered §§ 44-142.1,
44-142.2, and 44-145.1 through 44-145.6 relating to the same subject

and to provide an appropriation therefor.
[H 419]

Approved February 25, 1952

Be it enacted by the General Assembly of Virginia:
1. That §§ 44-141, 44-142, 44-144 and 44-145 of the Code of Virginia be
amended and reenacted, and that the Code of Virginia be amended by
adding eight new sections numbered 44-142.1, 44-142.2 and 44-145.1
through 44-145.6, the amended and new sections being as follows:
§ 44-141. The Governor shall be the Director of * Civil Defense for
the Commonwealth. It shall be his duty as such to take such action, from
time to time, as in his judgment is best calculated for the adequate promo-
tion and coordination of State and local civilian activities relating to the
defense of the State and the Nation, whenever in time of war, * grave
national peril, or serious natural disaster, the safety of the Commonwealth
in his opinion, so requires.

§ 44-142. As Director of * Civil Defense, the Governor shall have,
in addition to his powers hereinafter or elsewhere prescribed by law, the
following powers and duties.

(1) To proclaim and publish such rules and regulations and to issue
such executive orders, as may in his judgment be necessary to accomplish
in full the purposes of this chapter, which shall have the force and effect
of law and the violation thereof shall be punishable as a misdemeanor in
every case where the executive order declares that its violation shall have
such force and effect;

(2) To appoint a coordinator or executive officer, and to appoint or
employ, or authorize the appointment or employment of, such other per-
sonnel as in his judgment is required to carry out the provisions of this
chapter, and to remove, in his discretion, any and all persons serving
hereunder ;

(3) To establish a State Council of Defense to serve in an advisory
capacity; to provide for the establishment of such regional and local
councils of defense as in his judgment are requisite; to prescribe programs
and rules therefor; to cooperate with the authorized agencies of the federal
government and of the several states engaged in defense activities; and
to take such other action, as in his opinion will further the organization,
coordination and preparation for adequate defense.

(4) To procure supplies and equipment, to institute training pro-
grams and public information programs, and to take all other preparatory
steps including the partial or full mobilization of civil defense organiza-
tions in advance of actual disaster, to insure the furnishing of adequately
trained and equipped forces of civil defense personnel in time of need.

(5) To make such studies and surveys of the industries, resources,
and facilities in this State as may be necessary to ascertain the capabilities
of the State for civil defense, and to plan for the most efficient emergency
use thereof.

(6) On behalf of this State, to enter into mutual aid arrangements
with other states and to coordinate mutual aid plans between political
subdivisions of this State.

(7) To delegate any administrative authority vested in him under
this Act, and to provide for the subdelegation of any such authority.

§ 44-142.1 (a) The Governor or his duly designated representative
is authorized to create and establish such number of Mobile Reserve
Battalions as may be necessary to reinforce civil defense organizations in
stricken areas and with due consideration of the plans of the Federal
Government and of other States. The local defense authorities shall
appoint a commander for each such battalion who shall have primary
responsibility for the organization, administration and operation of such
battalion. Mobile Reserve Battalions shall be called to duty upon orders
of the Governor and shall perform their functions in any part of the State,
or, upon the conditions specified in this section, tn other states.

(b) The term “Mobile Reserve Battalion” as used in this chapter
shall be construed to mean any organization of teams of firefighters,
medical and first aid workers, construction and repair workers, disaster
relief workers, police and other reserve and emergency workers which
has been approved by the Director of Civil Defense.
(c) Personnel of Mobile Reserve Battalions while on duty whether
within or without the State, shall: (1) if they are employees of the State,
have the powers, duties, rights, privileges and immunities and receive
from the State the compensation incidental to their employment; (2) tf
they are employees of a political subdivision of the State, and whether
serving within or without such political subdivision, have the powers,
duties, rights, privileges and immunities and receive from the political
subdivision the compensation incidental to their employment; and (8) tf
they are not employees of the State or a political subdivision thereof, they
may be allowed compensation by the State at a rate not exceeding three
dollars and fifty cents per day. All personnel of Mobile Reserve Battalions
Shall, while on duty, be subject to the operational control of the authority
in charge of civil defense activities in the area in which they are serving,
and shall be reimbursed for all actual and necessary travel and subsistence
expenses.

(d) The State shall reimburse a political subdivision for the compen-
sation paid and actual and necessary travel, subsistence and maintenance
expenses of employees of such political subdivision while serving as
members of a Mobile Reserve Battalion, and for all payments for death,
disability or injury of such employees incurred in the course of such duty,
and for all losses of or damage to supplies and equipment of such political
subdivision resulting from the operation of such Mobile Reserve Battalion.

(e) Whenever a Mobile Reserve Battalion of another state shall
render aid in this State pursuant to the orders of the Governor of its home
state and upon the request of the Governor of this State, this State shall
reimburse such other state for the compensation paid and actual and neces-
sary travel, subsistence and maintenance expenses of the personnel of such
Mobile Reserve Battalion while rendering such aid, and for ail payments
for death, disability or injury of such personnel incurred in the course
of rendering such aid, and for all losses of or damage to supplies and
equipment of such other state or a political subdivision thereof resulting
from the rendering of such aid.

(f) No personnel of Mobile Reserve Battalions of this State shall be
ordered by the Governor to operate in any other state unless the laws of
such other state contain provisions substantially similar to this section.

§ 44-142.2. Whenever, in the opinion of the Governor, the safety of
the Commonwealth requires the exercise of extreme emergency measures
due to war, grave national peril, or serious natural disaster, he may
declare an emergency to exist in the State or any portion thereof, and,
whenever the Governor declares such emergency to exist each political
subdivision within the emergency area may, under the supervision and
control of the Governor or his designated representative, enter into con-
tracts and incur obligations necessary to combat such disaster, protect
the health and safety of persons and property and provide emergency
assistance to the victims of such disaster. In exercising the powers vested
under this section under the supervision and control of the Governor, the
political subdivision may proceed without regard to time-consuming
procedures and formalities prescribed by law (except mandatory consti-
tutional requirements) pertaining to the performance of public work,
entering into contracts, incurring of obligations, employment of temporary
workers, rental of equipment, purchase of supplies and materials, levying
of taxes, and appropriation and expenditure of public funds.

§ 44-144. * Regional councils of defense may be established in
the discretion of the Governor for any * combination of political sub-
divisions. The membership of every such council shall consist of the local
directors, as hereinafter defined, of * civil defense of the political sub-
division included in the region for which the council is established. The
local directors of * civil defense shall designate the chairman, who may
be a private citizen or local official, and shall appoint defense committees
representing different groups of interested citizens to assist them in the
discharge of their duties. Members shall not be entitled to compensation
for their services. The regional councils and their members shall, within
the programs of activity prescribed by the Governor, engage in such
activities and perform such functions and duties as will further the defense
of the region and of the State.

Any such council may, within the limits of the funds available for
the purpose, employ necessary personnel and fix their compensation, if any.
* * * Any such regional council may be dissolved, reorganized or re-
arranged by the Governor whenever in his distretion such action is
necessary.

§ 44-145. (a) There shall be a local council of defense, as herein-
after defined, in each county, city and town with 1,000 population or more,
in the State; provided, however, that in the discretion of the Governor
one local council may be established for a county and any city or town,
or cities and towns, located within the territorial boundaries of such
county. The Governor may order a local council of defense for any town
with a population of less than one thousand.

(b) For each local council there shall be a director of * civil defense,
i in the absence of an executive order by the Governor, shall be as
ollows :

(1) In the case of a city of the first class the director shall be the
mayor or chief executive officer of the city who shall have the authority
to appoint a coordinator of defense activities ;

(2) In the case of a city of the second class or incorporated town
the director shall be the mayor who may, by and with the consent of the
city or town council, appoint a coordinator of defense activities ;

(3) In the case of a county the governing body of the county shall
elect a director, who, by and with their panenl may appoint a coordinator
of defense activities; and

(4) In the case of a local council “established for a county and any
city or town, or cities and towns, within its territorial boundaries, the
director, who shall also serve as co-ordinator, shall be designated by the
chairman of the governing body of the county, and the mayor or mayors
of the city or town, or cities and towns, as the case may be; and in case
the local authorities do not agree promptly upon a director, the Governor
shall appoint one.

(c) The membership of a local council of defense shall consist of
persons, resident of the locality for which the council is established, as
shall be appointed by the local director. Every such member shall serve,
without compensation, at the pleasure of the local director.

(d) It shall be the duty of each local director of * civil defense, of
each local defense council established pursuant to this chapter, within the
programs of activity prescribed by the Governor, to engage in such
activities and perform such functions and duties as will further the defense
of the locality and the State. Each such director and council shall, from
time to time, make to the Governor such reports as he may require. Any
director may be removed by the Governor when he deems it in the public
interest.

(e) Any such local council may be dissolved, reorganized or re-
arranged by the Governor whenever in his discretion such action is
necessary ;

§ 44-145. 1. (a) The Director of each local organization for civil
defense may, in collaboration with other public and private agencies within
this State, develop or cause to be developed mutual aid arrangements for
reciprocal civil defense aid and assistance in case of disaster too great to
be dealt with unassisted. Such arrangements shall be consistent with the
State civil defense plan and program, and in time of emergency it shall
be the duty of each local organization for civil defense to render assistance
wm accordance with the provisions of such mutual aid arrangements.

_(b) The director of each local organization for civil defense may,
subject to the approval of the Governor, enter into mutual aid arrange-
ments with civil defense agencies or organizations in other states for
reciprocal civil defense aid and assistance in case of disaster too great to
be dealt with unassisted.

§ 44-145.2 Neither the State nor any political subdivision thereof,
nor other agencies, nor, except in cases of willful misconduct, the agents,
employees, or representatives of any of them, engaged in any civil defense
activities, while complying with or attempting to comply with this Act
or any rule or regulation promulgated pursuant to the provisions of this
Act, shall be liable for the death of or any injury to persons, or damage
to property, as a result of such activity. The provisions of this section
shall not affect the right of any person to receive benefits to which he would
otherwise be entitled under this Act, or under the Workmen’s Compensa-
tion Law, or under any pension law, nor the right of any such person to
receive any benefits or compensation under any act of Congress.

§ 44-145.8. Any person owning or controlling real estate or other
premises who voluntarily and without compensation grants a license or
privilege, or otherwise permits the designation or use of the whole or any
part or parts of such real estate or premises for the purpose of sheltering
persons, or as an observation post for aircraft warning, fire watching or
other uses relating to civil defense during an actual, impending, mock or
practice attack shall, together with his successors in interest, if any, not
be civilly liable for negligently causing the death of, or injury to, any
person on or about such real estate or premises or for loss of, or damage
to the property of any person on or about such real estate or premises
during such actual, impending, mock or practice attack.

(a) Whenever the Federal government or any agency or officer
thereof shall offer to the State, or through the State to any political sub-
division thereof, services, equipment, supplies, materials, or funds by way
of gift, grant or loan, for purposes of civil defense, the State, acting
through the Governor, or such political subdivision, acting with the consent
of the Governor and through its executive officer or governing body, may
accept such offer and upon such acceptance the Governor of the State or
executive officer or governing body of such political subdivision may
authorize any officer of the State or of the political subdivision, as the
case may be, to receive such services, equipment, supplies, materials, or
funds on behalf of the State or such political subdivision, and subject to
the terms of the offer and the rules and regulations, if any, of the agency
making the offer.

(b) Whenever any person, firm or corporation shall offer to the State
or to any political subdivision thereof, services, equipment, supplies,
materials, or funds by way of gift, grant or loan, for purposes of civil
defense, the State, acting through the Governor, or such political sub-
division, acting through its executive officer or governing body, may
accept such offer and upon such acceptance the Governor of the State or
executive officer or governing body of such political subdivision may
authorize any officer of the State or of the political subdivision, as the
case may be, to receive such services, equipment, supplies, materials, or
funds on behalf of the State or such political subdivision, and subject to
the terms of the offer.

44-145.4. In carrying out the provisions of this Act, the Governor
and the executive officers or governing bodies of the political subdivisions
of the State are directed to utilize the services, equipment, supplies and
facilities of existing departments, offices, and agencies of the State and
of the political subdivisions thereof to the maximum extent practicable,
and the officers and personnel of all such departments, offices, and agencies
are directed to cooperate with and extend such services and facilities to
the Governor and to the civil defense organizations of the State upon
request.

§ 44-145.5. (a) No person shall be employed or associated in any
capacity in any civil defense organization established under this Act who
advocates or has advocated a change by force or violence in the constitu-
tional form of the Government of the United States or in this State or the
overthrow of any government in the United States by force or violence,
or who has been convicted of or is under indictment or information charg-
ing any subversive act against the United States. Each person who is
appointed to serve in an organization for civil defense shall, before enter-
ing upon his duties, take an oath, in writing, before a person authorized
to administer oaths in this State, which oath shall be substantially as
follows:

do solemnly swear (or affirm) that I will support and defend the Constitu-
tion of the United States and the Constitution of the Commonwealth of
Virginia, against all enemies foreign and domestic; that I will bear true
faith and allegiance to the same; that I take this obligation freely, without
any mental reservation or purpose of evasion; and that I will well and
faithfully discharge the duttes upon which I am about to enter.

“And I do further swear (or affirm) that I do not advocate, nor am
I a member of any political party or organization that advocates the
overthrow of the Government of the United States or of this State by
force or violence; and that during such time as I am a member of the
(name of civil defense organization), I will not advocate nor become a
member of any political party or organization that advocates the over-
throw of the Government of the United States or of this State by force or
violence.”

§ 44-145.6. It shall be the duty of every organization for civil
defense established pursuant to this Act and of the officers thereof to
execute and enforce such orders, rules and regulations as may be made
by the Governor under authority of this Act. Each such organization shall
have available for inspection at its office all orders, rules and regulations
made by the Governor, or under his authority.

2. To carry out the purposes of this act, there is appropriated from the
general fund of the Commonwealth to the Director of Civil Defense (the
Governor), a sum not to exceed five hundred thousand dollars. The funds
hereby appropriated, or such part thereof as he may deem necessary, shall
be used by the Governor in carrying out the powers and duties vested in
him as Director of Civil Defense, and allotments from said fund may be
made by the Governor to any political subdivision of the State for the
purchase of equipment and supplies to be used in the Civil Defense pro-
gram, including, but not limited to, medical supplies and equipment, cots,
litters, radiological monitoring instruments, equipment for attack warning,
police, communications, firefighting, rescue, training and education, and
wardens.

In the event that the federal government shall allot funds for the
payment of a portion of the purchase price of any such supplies and
materials, the remaining portion of such purchase price shall be paid
equally by the State and by the local governmental unit desiring to make
such purchases.

3. If any provision of this act or the application thereof to any person
or circumstance is held invalid, such invalidity shall not affect other pro-
visions or applications of the act which can be given effect without the
invalid provision or application, and to this end the provisions of this act
are declared to be severable.
4. An emergency exists and this act is in force from its passage.