§ 19-9-211 — The National Guard Mutual Assistance Counter- Drug Activities Compact

The National Guard Mutual Assistance Counter-Drug Activities
Compact as contained herein is hereby enacted into law and
entered into on behalf of this state with any and all other
states legally joining therein in a form substantially as
follows:
The National Guard Mutual Assistance
Counter-Drug Activities Compact
ARTICLE I
Purpose
(a) The purposes of this compact are to:
(i) Provide for mutual assistance and support among
the party states in the utilization of the national guard in
drug interdiction, counter-drug and demand reduction activities;
(ii) Permit the national guard of this state to enter
into mutual assistance and support agreements, on the basis of
need, with one (1) or more law enforcement agencies operating
within this state, for activities within this state, or with a
national guard of one (1) or more other states, whether said
activities are within or without this state in order to
facilitate and coordinate efficient, cooperative enforcement
efforts directed toward drug interdiction, counter-drug
activities and demand reduction;
(iii) Permit the national guard of this state to act
as a receiving and a responding state as defined within this
compact and to insure the prompt and effective delivery of
national guard personnel, assets and services to agencies or
areas that are in need of increased support and presence;
(iv) Permit and encourage a high degree of
flexibility in the deployment of national guard forces in the
interest of efficiency;
(v) Maximize the effectiveness of the national guard
in those situations which call for its utilization under this
compact;
(vi) Provide protection for the rights of national
guard personnel when performing duty in other states in counter-
drug activities; and
(vii) Ensure uniformity of state laws in the area of
national guard involvement in interstate counter-drug activities
by incorporating said uniform laws within the compact.
ARTICLE II
Entry into Force and Withdrawals
(a) This compact shall enter into force when enacted into
by any two (2) states. Thereafter, this compact shall become
effective as to any other state upon its enactment thereof.
(b) Any party state may withdraw from this compact by
enacting a statute repealing the same, but no such withdrawal
shall take effect until one (1) year after the governor of the
withdrawing state has given notice in writing of the withdrawal
to the governors of all other party states.
ARTICLE III
Mutual Assistance and Support
(a) As used in this article:
(i) "Drug interdiction and counter-drug activities"
means the use of national guard personnel, while not in federal
service, in any law enforcement support activities that are
intended to reduce the supply or use of illegal drugs in the
United States. These activities include, but are not limited
to:
(A) Providing information obtained during either
the normal course of military training or operations or during
counter-drug activities, to federal, state or local law
enforcement officials that may be relevant to a violation of any
federal or state law within the jurisdiction of such officials;
(B) Making available any equipment, including
associated supplies or spare parts, base facilities or research
facilities of the national guard to any federal, state or local
civilian law enforcement official for law enforcement purposes,
in accordance with other applicable law or regulation;
(C) Providing available national guard personnel
to train federal, state or local civilian law enforcement in the
operation and maintenance of equipment, including equipment made
available above, in accordance with other applicable law;
(D) Providing available national guard personnel
to operate and maintain equipment provided to federal, state or
local law enforcement officials pursuant to activities defined
and referred to in this compact;
(E) Operation and maintenance of equipment and
facilities of the national guard or other law enforcement
agencies used for the purposes of drug interdiction and counter-
drug activities;
(F) Providing available national guard personnel
to operate equipment for the detection, monitoring and
communication of the movement of air, land and sea traffic, to
facilitate communications in connection with law enforcement
programs, to provide transportation for civilian law enforcement
personnel and to operate bases of operations for civilian-law
enforcement personnel;
(G) Providing available national guard
personnel, equipment and support for administrative,
interpretive, analytic or other purposes;
(H) Providing available national guard personnel
and equipment to aid federal, state and local officials and
agencies otherwise involved in the prosecution or incarceration
of individuals processed within the criminal justice system who
have been arrested for criminal acts involving the use,
distribution or transportation of controlled substances as
defined in 21 U.S.C. 801 et seq. or other applicable law.
(ii) "Demand reduction" means providing available
national guard personnel, equipment, support and coordination to
federal, state, local and civic organizations, institutions and
agencies for the purposes of the prevention of drug abuse and
the reduction in the demand for illegal drugs;
(iii) "Law enforcement agency" means a lawfully
established federal, state or local public agency that is
responsible for the prevention and detection of crime and the
enforcement of penal, traffic, regulatory, game, immigration,
postal, customs or controlled substances laws;
(iv) "Mutual assistance and support agreement" or
"agreement" means an agreement between the national guard of
this state and one (1) or more law enforcement agencies or
between the national guard of this state and the national guard
of one (1) or more other states, consistent with the purposes of
this compact;
(v) "Official" means the appointed, elected,
designated or otherwise duly selected representative of an
agency, institution or organization authorized to conduct those
activities for which support is requested;
(vi) "Party state" refers to a state that has
lawfully enacted this compact;
(vii) "Requesting state" means the state whose
governor requested assistance in the area of counter-drug
activities;
(viii) "Responding state" means the state furnishing
assistance or requested to furnish assistance in the area of
counter-drug activities; and
(ix) "State" means each of the several states of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico or a territory or possession of the United States.
(b) Upon the request of a governor of a party state for
assistance in the area of drug interdiction, counter-drug and
demand reduction activities, the governor of a responding state
shall have authority under this compact to send without the
borders of his or her state and place under the temporary
operational control of the appropriate national guard or other
military authorities of the requesting state, for the purposes
of providing such requested assistance, all or any part of the
national guard forces of his state as he may deem necessary, and
the exercise of his discretion in this regard shall be
conclusive.
(c) The governor of a party state may, within his
discretion, withhold the national guard forces of his state from
such use and recall any forces or part or member thereof
previously deployed in a requesting state.
(d) The national guard of this state is hereby authorized
to engage in counter-drug activities and demand reduction.
(e) The adjutant general of this state, in order to
further the purposes of this compact, may enter into a mutual
assistance and support agreement with one (1) or more law
enforcement agencies of this state, including federal law
enforcement agencies operating within this state, or with the
national guard of one (1) or more other party states to provide
personnel, assets and services in the area of counter-drug
activities, and demand reduction provided that all parties to
the agreement are not specifically prohibited by law to perform
said activities.
(f) The agreement must set forth the powers, rights and
obligations of the parties to the agreement, where applicable,
as follows:
(i) Its duration;
(ii) The organization, composition and nature of any
separate legal entity created thereby;
(iii) The purpose of the agreement;
(iv) The manner of financing the agreement and
establishing and maintaining its budget;
(v) The method to be employed in accomplishing the
partial or complete termination of the agreement and for
disposing of property upon partial or complete termination;
(vi) Provision for administering the agreement, which
may include creation of a joint board responsible for such
administration;
(vii) The manner of acquiring, holding and disposing
of real and personal property used in this agreement, if
necessary;
(viii) The minimum standards for national guard
personnel implementing the provisions of this agreement;
(ix) The minimum insurance required of each party to
the agreement;
(x) The chain of command or delegation of authority
to be followed by national guard personnel acting under the
provisions of the agreement;
(xi) The duties and authority that the national guard
personnel of each party state may exercise; and
(xii) Any other necessary and proper matters.
(g) Agreements prepared under the provisions of this
section are exempt from any general law pertaining to
intergovernmental agreements.
(h) As a condition precedent to an agreement becoming
effective under this section, the agreement shall be submitted
to and receive the approval of the attorney general of Wyoming.
The attorney general may delegate his approval authority to the
appropriate attorney for the national guard subject to those
conditions which he decides are appropriate. The delegation
shall be in writing and be subject to the following:
(i) The attorney general, or his agent, shall approve
an agreement submitted to him under this subsection unless he
finds that it is not in proper form, does not meet the
requirements set forth in this subsection or otherwise does not
conform to the laws of Wyoming. If the attorney general
disapproves an agreement, he shall provide a written explanation
to the adjutant general of the national guard;
(ii) If the attorney general, or his agent, does not
disapprove an agreement within thirty (30) days after its
submission to him, it is considered approved by him.
(j) Whenever national guard forces of any party state are
engaged in the performance of duties in the area of drug
interdiction, counter-drug and demand reduction activities
pursuant to orders, no member thereof shall be held personally
liable for any acts or omissions which occur during the
performance of their duty.
ARTICLE IV
Responsibilities
(a) Nothing in this compact shall be construed as a waiver
of any benefits, privileges, immunities or rights otherwise
provided for national guard personnel performing duty pursuant
to title 32 of the United States Code nor shall anything in this
compact be construed as a waiver of coverage provided for under
the Federal Tort Claims Act. In the event that national guard
personnel performing counter-drug activities do not receive
rights, benefits, privileges and immunities otherwise provided
for national guard personnel as stated above, the following
provisions shall apply:
(i) Whenever national guard forces of any responding
state are engaged in another state in carrying out the purposes
of this compact, the members thereof so engaged shall have the
same powers, duties, rights, privileges and immunities as
members of national guard forces of the requesting state. The
requesting state shall save and hold members of the national
guard forces of responding states harmless from civil liability,
except as otherwise provided herein, for acts or omissions which
occur in the performance of their duty while engaged in carrying
out the purposes of this compact, whether responding forces are
serving the requesting state within the borders of the
responding state or are attached to the requesting state for
purposes of operational control;
(ii) Subject to the paragraphs (a)(iii), (iv) and (v)
of this article, all liability that may arise under the laws of
the requesting state or the responding state, on account of or
in connection with a request for assistance or support shall be
assumed and borne by the requesting state;
(iii) Any responding state rendering aid or
assistance pursuant to this compact shall be reimbursed by the
requesting state for any loss, damage to or expense incurred in
the operation of any equipment answering a request for aid and
for the cost of the materials, transportation and maintenance of
national guard personnel and equipment incurred in connection
with such request, provided that nothing contained herein shall
prevent any responding state from assuming such loss, damage,
expense or other cost;
(iv) Unless there is a written agreement to the
contrary, each party shall provide in the same amounts and
manner as if they were on duty within their state for pay and
allowances of personnel of its national guard units while
engaged without the state pursuant to this compact and while
going to and returning from such duty pursuant to this compact;
(v) Each party state providing for the payment of
compensation and death benefits to injured members and the
representatives of deceased members of its national guard forces
in case such members sustain injuries or are killed within their
own state, shall provide for the payment of compensation and
death benefits in the same manner and on the same terms in the
event such members sustain injury or are killed while rendering
assistance or support pursuant to this compact. Such benefits
and compensation shall be deemed items of expense reimbursable
pursuant to paragraph (a)(iii) of this article.
(b) Officers and enlisted personnel of the national guard
performing duties subject to proper orders pursuant to this
compact shall be subject to and governed by the provisions of
their home state code of military justice whether they are
performing duties within or without their home state. In the
event that any national guard member commits, or is suspected of
committing, a criminal offense while performing duties pursuant
to this compact without his home state, he may be returned
immediately to his home state and the home state shall be
responsible for any disciplinary action. Nothing in this
section shall abrogate the general criminal jurisdiction of the
state in which the offense occurred.
ARTICLE V
Delegation
Nothing in this compact shall be construed to prevent the
governor of a party state from delegating any of his
responsibilities or authority respecting the national guard,
provided that such delegation is otherwise in accordance with
law. For purposes of this compact the governor shall not
delegate the power to request assistance from another state.
ARTICLE VI
Limitations
(a) Nothing in this compact shall:
(i) Authorize or permit national guard units or
personnel to be placed under the operational control of any
person not having the national guard rank or status required by
law for that command;
(ii) Deprive a properly convened court of
jurisdiction over an offense or a defendant merely because of
the fact that the national guard, while performing duties
pursuant to this compact, was utilized in achieving an arrest or
indictment; or
(iii) Authorize the national guard to engage in the
personal apprehension, arrest and incarceration of any
individual or the physical search and seizure of any person.
The national guard may indirectly support any such law-
enforcement activities by an otherwise appropriate law-
enforcement agency. The national guard may, however, directly
or indirectly engage in the legal search and seizure of any
property when under the supervision of an otherwise appropriate
law-enforcement agency.
ARTICLE VII
Construction and Severability
This compact shall be liberally construed so as to effectuate
the purposes thereof. The provisions of this compact shall be
severable and if any phrase, clause, sentence or provision of
this compact is declared to be contrary to the constitution of
the United States or of any state or the applicability thereof
to any government, agency, person or circumstance is held
invalid, the validity of the remainder of this compact and the
applicability thereof to any government, agency, person or the
circumstance shall not be affected thereby. If this compact
shall be held contrary to the constitution of any state
participating herein, the compact shall remain in full force and
effect as to the remaining part states and in full force and
effect as to the state affected as to all severable matters.