Chapter 13 - Wyoming Office Of Homeland Security
CHAPTER 13 - WYOMING OFFICE OF HOMELAND SECURITY
ARTICLE 1 - IN GENERAL
19-13-101. Citation.
Thisact may be cited as the "Wyoming Homeland Security Act".
19-13-102. Definitions.
(a) As used in this act:
(i) "County or county-city program" means a programcreated in accordance with the provisions of this act by the state or apolitical subdivision to perform local homeland security functions;
(ii) "Homeland security" means the preparation for andthe carrying out of all emergency functions essential to the recovery andrestoration of the economy by supply and resupply of resources to meet urgentsurvival and military needs, other than functions for which military forces areprimarily responsible, necessary to deal with disasters caused by enemy attack,sabotage, terrorism, civil disorder or other hostile action, or by fire, flood,earthquake, other natural causes and other technological, industrial, civil andpolitical events. These functions include without limitation the coordinationof fire-fighting services, police services, medical and health services,rescue, engineering, attack warning services, communications, radiologicalevents, evacuation of persons from stricken areas, emergency welfare services(civilian war aid), emergency transportation, existing or properly assignedfunctions of plant protection, temporary restoration of public utilityservices, mitigation activities in areas threatened by natural or technologicalhazards, and other functions related to civilian protection, together with allother activities necessary or incidental to the preparation for any carryingout of the foregoing functions;
(iii) "Emergency support task force" means a homelandsecurity organization created in accordance with the provisions of this act bythe state or a political subdivision to supplement homeland security programsin a stricken area;
(iv) "Political subdivision" means an incorporatedcommunity or a county in Wyoming;
(v) "Director" means the director, office of homelandsecurity appointed pursuant to W.S. 19-13-104;
(vi) "Public safety agencies" means any federal, stateor political subdivision entity that provides emergency and public safetyservices, including state agencies employing peace officers enumerated in W.S.6-1-104(a)(vi)(C) through (F) and approved for participation by the commission,fire management services, correctional services, homeland security, emergencyand disaster relief services and if desired by county, municipal and federallaw enforcement agencies;
(vii) "Ammunition" means a cartridge, shell or otherdevice containing explosive or incendiary material designed and intended foruse in a firearm;
(viii) "Firearm" means any weapon which will or isdesigned to expel any projectile by the action of an explosive.
19-13-103. Legislative determination; coordination with federalgovernment and other states.
(a) Because of the possibility of the occurrence of disastersof unprecedented size and destructiveness resulting from enemy attack,sabotage, terrorism, civil disorder or other hostile action, or from fire,flood, earthquake, other natural causes and other technological disasters, andto insure that preparations of Wyoming will be adequate to deal with suchdisasters, and generally to provide for the common defense and to protect thepublic peace, health and safety, and to preserve the lives and property of thepeople of Wyoming, it is hereby found and declared to be necessary:
(i) To create a Wyoming office of homeland security within thegovernor's office, and to authorize the creation of local homeland securityprograms in the political subdivisions of the state;
(ii) To confer upon the governor and upon the executive heads orgoverning bodies of the political subdivisions of the state the emergencypowers provided herein, and to provide for state assistance in the organizationand maintenance of the homeland security programs of such politicalsubdivisions;
(iii) To provide for the assignment of specific responsibilitiesto all state agencies to be performed during a disaster or national emergencyand for the coordination and direction of the emergency actions of suchagencies; and
(iv) To provide for the rendering of mutual aid among thepolitical subdivisions of the state and with other states with respect to thecarrying out of homeland security functions.
(b) It is further declared to be the purpose of this act andthe policy of Wyoming that all homeland security functions of this state becoordinated to the maximum extent with the comparable functions of itspolitical subdivisions, of the federal government including its variousdepartments and agencies, of other states and localities, and of privateagencies of every type, to the end that the most effective preparation and usemay be made of the manpower, resources and facilities for dealing with anydisaster that may occur.
19-13-104. Powers of governor generally; director, office of homelandsecurity.
(a) The governor has general direction and control of theoffice of homeland security, and is responsible for the carrying out of theprovisions of this act, and in the event of disaster beyond local control, mayassume direct operational control over all or any part of the homeland securityfunctions within Wyoming. The governor may delegate such powers to the directorestablished under subsection (d) of this section, or through the director tothe deputy director to carry out this act.
(b) In performing his duties under this act, the governor maycooperate with the federal government, with other states and with privateagencies in all matters pertaining to the disaster relief and homeland securityof this state and of the nation.
(c) In performing his duties under this act, the governor may:
(i) Make, amend and rescind the necessary orders, rules andregulations to carry out this act within the limits of the authority conferredupon him herein, with due consideration of the plans of the federal government.The governor may assign to a state agency any activity concerned with themitigation of the effects of a disaster or national emergency of a naturerelated to the existing powers and duties of the agency, including interstateactivities, and the agency shall undertake and carry out the activity on behalfof the state;
(ii) Prepare a comprehensive homeland security plan and programfor this state to be integrated into and coordinated with the homeland securityplans of the federal government and of other states to the fullest possibleextent, and coordinate the preparation of plans and programs for homelandsecurity by the political subdivisions of this state to be integrated into andcoordinated with the homeland security plan and program of this state to thefullest possible extent;
(iii) In accordance with the homeland security plan and programfor this state, procure supplies and equipment, institute training programs andpublic information programs and take all other preparatory steps including thepartial or full mobilization of homeland security organizations in advance ofactual disaster, to insure the furnishing of adequately trained and equippedforces of homeland security personnel in time of need;
(iv) Make such studies and surveys of the industries, resourcesand facilities in this state as necessary to ascertain the capabilities of thestate and its political subdivisions for meeting homeland securityrequirements, and to plan for the most efficient emergency use therefor;
(v) On behalf of this state, enter into interstate mutual aidand international compacts with other states and foreign countries orsubdivisions thereof and coordinate mutual-aid plans between politicalsubdivisions of this state;
(vi) Delegate any administrative authority vested in him underthis act, provide for the subdelegation of any such authority and appoint, incooperation with local authorities, political subdivision coordinators.
(d) The position of the director, office of homeland securityis created in the governor's office and shall be appointed by the governor. Heshall be responsible to the governor and may be removed by the governor asprovided in W.S. 9-1-202. The director shall:
(i) Supervise the Wyoming office of homeland security;
(ii) Provide technical assistance to public safety agencies inthe area of homeland security;
(iii) Coordinate with the federal department of homelandsecurity; and
(iv) Perform other duties assigned by the governor for homelandsecurity.
(e) Nothing in this chapter shall be construed to confer uponthe governor, the director, the executive heads or governing bodies of thepolitical subdivisions of the state, sheriffs, chiefs of police or any employeeor agent of the state or any governmental unit within the state the power to:
(i) Confiscate a firearm from a person, unless:
(A) The person is in unlawful possession of the firearm asprovided in title 6 of the Wyoming statutes;
(B) The person is unlawfully carrying the firearm as providedin title 6 of the Wyoming statutes; or
(C) The firearm is confiscated by a peace officer who is actingin the lawful discharge of his duties and under the reasonable belief that theconfiscation is necessary for the protection of the peace officer, the personcarrying the firearm or a third party. The peace officer shall return thefirearm to the person before discharging the person unless the officer arreststhat person for engaging in criminal activity or seizes the firearm as evidencepursuant to an investigation for the commission of a crime.
(ii) Impose additional restrictions as to the lawful possession,transfer, sale, carrying, storage, display or use of:
(A) Firearms;
(B) Ammunition; or
(C) Components of firearms or ammunition.
19-13-105. Homeland security program.
(a) The office of homeland security within the governor'soffice is created. The governor shall appoint a deputy director of the officeof homeland security. The director may appoint such assistants as may benecessary. The director and his assistants shall be compensated in an amount tobe determined and fixed by the Wyoming human resources division. The deputydirector shall serve at the pleasure of the governor and may be removed asprovided in W.S. 9-1-202.
(b) The director may employ technical, clerical, stenographicand other personnel and make such expenditures within the appropriations orfrom other funds made available to him for purposes of homeland security asnecessary to carry out this act. He shall be provided with necessary andappropriate office space, furniture, equipment, stationery and printing in thesame manner as for personnel of other state agencies.
(c) The director is the administrative head of the Wyomingoffice of homeland security. In addition to the duties described in W.S.19-13-104(d) the director:
(i) Shall be responsible to the governor for the implementationof the state program for homeland security for Wyoming;
(ii) Shall assist the local authorities and organizations in theplanning and development of local homeland security plans and programs;
(iii) Shall coordinate the activities of all organizations forhomeland security within the state, including all state departments;
(iv) Shall maintain liaison with and cooperate with homelandsecurity agencies and programs of other states and of the federal government;
(v) Shall have additional authority, duties andresponsibilities authorized by this act as may be prescribed by the governor orthe director; and
(vi) May prescribe reasonable qualifications for officers andemployees of local programs and reasonable regulations for the administrationof local programs.
(d) The deputy director shall perform duties as assigned by thedirector and in the absence of the director he is the administrative head ofthe Wyoming office of homeland security.
19-13-106. Repealed By Laws 2005, ch. 169, 2.
19-13-107. Emergency support task forces.
(a) The governor or his duly authorized representative and thegoverning bodies of political subdivisions may create and establish such numberof emergency support task forces as necessary to reinforce homeland securityprograms in stricken areas with due consideration of the plans of the federalgovernment and of other states. The governor or governing body of the politicalsubdivision shall appoint for each unit a coordinator who has primaryresponsibility for the organization, administration and operation of the unit.Emergency support task forces shall be activated upon orders of the governor orgoverning body of the political subdivisions and shall perform their functionsin any part of the state, or upon conditions specified in this section, inother states. The governor may remove any emergency support task force memberhe appoints as provided in W.S. 9-1-202.
(b) Personnel of emergency support task forces while on duty,whether within or without the state, under orders of the governor shall be paidas follows:
(i) If they are employees of the state or a politicalsubdivision of the state, they shall continue to be paid by their employers andreceive the same pay and have the same powers, duties, rights, privileges andimmunities, including their rights under the Wyoming Worker's Compensation Actincident to employment;
(ii) Personnel of emergency support task forces who are notemployees of the state or a political subdivision thereof, while on duty,whether within or without the state, shall be paid the current rate establishedby the United States department of labor in its area wage determination scalefor skilled, semiskilled and unskilled workers. The wage determination shall bebased upon that normally established and obtained through the office of thedistrict engineer, corps of engineers, Omaha, Nebraska, as determined in theparticular area of the state wherein the work is being or to be performed.Acceptance by the proper hiring authority of any volunteer and his serviceswill constitute qualification of his skill and craft as set out in the wagedetermination scale, and the volunteer is entitled to the same rights andimmunities as are provided by law for the employees of the state. In the eventof injury, disability or death, such personnel shall be entitled tocompensation at the same rates as provided by the Wyoming Worker's CompensationAct for like injuries, disabilities or death.
19-13-108. Local programs; authorized; local homeland security plan;coordinators; appointment and removal.
Eachpolitical subdivision of this state shall establish a local homeland securityprogram in accordance with the state homeland security plan and program. Eachpolitical subdivision through the homeland security program will cause to beprepared a local homeland security plan which will include actions essential tothe recovery and restoration of the economy by supply and resupply of resourcesto meet urgent survival and military needs and to provide for the ongoingmanagement of resources available to meet continuing survival and recovery needs.Each local homeland security program shall have a coordinator appointed by thegovernor upon the recommendation of the local jurisdiction. The coordinator hasdirect responsibility for the organization, administration and operation of thelocal homeland security program subject to the direction and control of thelocal jurisdiction under the general direction of the governor. The governormay remove any coordinator as provided in W.S. 9-1-202.
19-13-109. Local programs; reciprocal and mutual aid.
(a) The local coordinators in collaboration with other publicand private agencies within this state will develop or cause to be developedmutual aid arrangements for reciprocal homeland security aid and assistance incase of disaster of extreme nature which affects two (2) or more politicalsubdivisions or is too great to be dealt with unassisted. The arrangementsshall be consistent with the state homeland security plan and program, and intime of emergency each local homeland security program shall render assistancein accordance with the provisions of the mutual aid arrangements.
(b) The coordinator of each local homeland security programwith the approval of the governor, may enter into mutual aid arrangements withhomeland security agencies or organizations in other states for reciprocalemergency aid and assistance in case of disaster too great to be dealt withunassisted.
19-13-110. Funds, supplies and equipment; generally.
(a) Each political subdivision may make appropriations for thepayment of expenses of its local homeland security programs.
(b) Whenever the federal government or any agency or officerthereof or any person, firm or corporation shall offer to the state or to anypolitical subdivision thereof services, equipment, supplies, materials or fundsby way of gift, grant or loan for purposes of disaster relief or homelandsecurity, the state acting through the governor, or the political subdivisionacting with the consent of the governor and through its executive officer orgoverning body, may accept the offer. Upon acceptance the governor of the stateor executive officer or governing body of the political subdivision mayauthorize any officer of the state or of the political subdivision to receivethe services, equipment, supplies, materials or funds on behalf of the state orthe political subdivisions. This authority will include participation in thefederal surplus property program. All funds received from the federalgovernment or any agency thereof shall be deposited in an appropriate separateaccount together with funds appropriated by a political subdivision, andexpenditures from the account shall be made only upon authority of the localgoverning body and only for the purposes specified in this act.
(c) The board of county commissioners in any county may levy atax for the support and maintenance of county, city, town, county-city orcounty-town homeland security programs.
19-13-111. Funds, supplies and equipment; authority to make use ofexisting facilities.
Incarrying out the provisions of this act, the governor and the executiveofficers or governing bodies of the political subdivisions of the state aredirected to utilize the services, equipment, supplies and facilities ofexisting departments, offices and agencies of the state and of the politicalsubdivisions thereof to the maximum extent practicable, and the officers andpersonnel of all departments, offices and agencies are directed to cooperatewith and extend such services and facilities to the governor, the director andthe homeland security programs throughout the state upon request.
19-13-112. Programs barred from political activity.
Nohomeland security program established under the authority of this act shallparticipate in any form of political activity or be employed directly orindirectly for political purposes.
19-13-113. State and political subdivisions exempt from liability;exceptions; license to practice not required; homeland security worker defined;recognized educational programs; real estate owners exempt from liability;criminal history record information.
(a) All activities relating to homeland security aregovernmental functions. The state, any political subdivision, state agencies,and, except in cases of willful misconduct, gross negligence or bad faith, anyhomeland security worker complying with or reasonably attempting to comply withW.S. 19-13-101 through 19-13-116, any order, rule or regulation promulgatedthereunder, or pursuant to any ordinance relating to blackout or otherprecautionary measures enacted by any political subdivision of the state, or intraining for such activity, is not liable for the death of or injury to personsor for damage to property as a result of the activity or training. This sectionshall not affect the right of any person to receive benefits to which he wouldotherwise be entitled under W.S. 19-13-101 through 19-13-116, under the WyomingWorker's Compensation Act, or under any pension law, nor affect the right ofany person to receive benefits or compensation under any act of congress.
(b) Any requirement for a license to practice any professional,mechanical or other skill does not apply to any authorized homeland securityworker who, in the course of performing homeland security duties, practices aprofessional, teaching, training, mechanical or other skill during a homelandsecurity emergency, in training for an emergency or during homeland securityexercises.
(c) As used in this section "homeland securityworker" includes any full or part-time paid, volunteer or auxiliaryemployee of any state, territories or possessions of the United States, theDistrict of Columbia, any neighboring country, any political subdivisionthereof, or any agency or program performing homeland security services at anyplace in this state subject to the order or control of or pursuant to a requestof the state government or any political subdivision thereof and includesinstructors and students in recognized educational programs where homelandsecurity services are taught. A recognized educational program includesprograms in educational institutions duly existing under the laws of this stateand such other educational programs as are established by the office ofhomeland security or otherwise under this act.
(d) Any person owning or controlling real estate or otherpremises who voluntarily and without compensation grants a license or privilegeor otherwise permits the designation or use of the whole or any part of thereal estate or premises for the purposes of sheltering persons during anactual, impending, mock or practice exercise, together with his successors ininterest, is not civilly liable for negligently causing the death of or injuryto any person on or about the real estate or premises nor for loss of or damageto the property of any person.
(e) The director may, as a condition for a position as ahomeland security worker, require prospective homeland security workers tosubmit to fingerprinting in order to obtain state and national criminal historyrecord information.
19-13-114. Persons advocating change by force or violence in form ofgovernment prohibited from employment or association; oath.
(a) No person shall be employed or associated in any capacityin any homeland security program established under this act:
(i) Who advocates or has advocated a change by force orviolence in the constitutional form of the government of the United States orof this state, or the overthrow of any government in the United States by forceor violence; or
(ii) Who has been convicted of or is under indictment orinformation charging any subversive act against the United States.
(b) Each person appointed to serve in a homeland securityprogram, before entering upon his duties, shall take an oath in writing beforea person authorized to administer oaths in this state, substantially asfollows:
"I .... dosolemnly swear (or affirm) that I will support and defend the constitution ofthe United States and the constitution of the state of Wyoming against allenemies, foreign and domestic; that I will bear true faith and allegiance tothe same; that I take this obligation freely without any mental reservation orpurpose of evasion; and that I will well and faithfully discharge the duties onwhich I am about to enter."
"And I dofurther swear (or affirm) that I do not advocate, nor am I a member or anaffiliate of any organization, group or combination of persons that advocatesthe overthrow of the government of the United States or of this state by forceor violence; and that during such time as I am a member of the (name ofhomeland security program) I will not advocate nor become a member of anypolitical party or organization that advocates the overthrow of the governmentof the United States or of this state by force or violence."
19-13-115. Admission of professional personnel of other states inemergency.
Inthe event disaster conditions in Wyoming require visitation to this state byhomeland security personnel from other states, including physicians, dentists,veterinarians, nurses or other professional personnel, reciprocity by way ofallowing those professional persons to practice their professional talentswithout the normal admissions to practice in this state during the period ofthe emergency, is allowed.
19-13-116. Enforcement of orders, rules and regulations.
Everyhomeland security program established pursuant to this act and the officersthereof shall execute and enforce orders, rules and regulations made by thegovernor under authority of this act. Each organization shall have availablefor inspection at its office all orders, rules and regulations made by thegovernor or under his authority.
ARTICLE 2 - EMERGENCY SERVICES MUTUAL AID
19-13-201. Short title.
Thisact shall be known and may be cited as the "Interstate Emergency ServicesMutual Aid Act".
19-13-202. Definitions.
(a) As used in this act:
(i) "Emergency medical care provider" means a localgovernment subdivision or other entity, whether public or private, whichprovides emergency medical services;
(ii) "Fire protection service" means a paid orvolunteer fire department, fire company or other fire suppression entityorganized under the laws of this state, any party state or an agency of thegovernment of the United States;
(iii) "Local government subdivision" means the localgovernmental entity, other than state government, including but not limited toincorporated towns, cities and counties;
(iv) "Mutual aid agreement" or "agreement"means an agreement, consistent with the purposes of this act, by one (1) ormore fire protection services, emergency medical care providers or localgovernment subdivisions of this state with one (1) or more fire protectionservices, emergency medical care providers, homeland security programs or localgovernment subdivisions of any other state or the United States;
(v) "Party emergency service" means a fire protectionservice, emergency medical care provider, homeland security program, localgovernment subdivision or agency of the United States that is a party to amutual aid agreement as set forth in this act;
(vi) "This act" means W.S. 19-13-201 through19-13-210.
19-13-203. Authorization to enter agreement; general content;authority.
(a) Any one (1) or more fire protection services, emergencymedical care providers, homeland security programs or local governmentsubdivision of this state may enter into a mutual aid agreement with any one(1) or more fire protection services, emergency medical care providers,homeland security programs or local government subdivisions of any other stateor the United States to provide emergency services to the area covered by theagreement. The agreement shall be authorized and approved by the governingbody of each party to the agreement that is not an agency of the United Statesgovernment.
(b) The agreement shall fully set forth the powers, rights andobligations of the parties to the agreement.
(c) A mutual aid agreement shall grant a fire protectionservice, homeland security program or emergency medical care provider of thisstate authority to operate outside of the state and shall grant authority for afire protection service, homeland security program or emergency medical careprovider of another state or the United States to operate within this state asif the fire service, homeland security program or emergency medical careprovider were organized and operated under the laws of this state.
19-13-204. Detailed content of agreement.
(a) The agreement authorized by W.S. 19-13-203 shall specifythe following:
(i) The purpose of the agreement;
(ii) The precise organization, composition and nature of anyseparate legal entity created by the agreement;
(iii) The duration of the agreement;
(iv) The manner of financing the agreement and establishing andmaintaining a budget therefor;
(v) Provision for administering the agreement;
(vi) The exact chain of command or delegation of authority to befollowed by party emergency services acting under the provisions of theagreement;
(vii) The manner of acquiring, holding and disposing of real andpersonal property used in the agreement;
(viii) The method to be employed in accomplishing the partial orcomplete termination of the agreement and for disposing of property uponpartial or complete termination; and
(ix) The nature, extent and amount of insurance coverage foracts or omissions and delineation of each party's responsibility for thatcoverage.
19-13-205. Submission of agreement to attorney general.
(a) Before becoming effective, the agreement shall be submittedto and receive the approval of the state attorney general.
(b) The attorney general shall approve an agreement submittedto him under this act unless he finds that it is not in proper form, does notmeet the requirements set forth in this act, or otherwise does not conform tothe laws of this state. If he disapproves an agreement, he shall provide adetailed written statement to the appropriate governing bodies of the fireprotection services, emergency medical care providers, homeland securityprograms and local government subdivisions.
(c) If the attorney general does not disapprove an agreementwithin sixty (60) days after its submission to him, it is considered approved.
19-13-206. Filing of agreement.
(a) Within twenty (20) days after approval by the attorneygeneral, an agreement made pursuant to this act shall be filed in the officeof:
(i) Each clerk and recorder of each county of this state wherethe principal office of one (1) of the parties to the agreement is located; and
(ii) The secretary of state.
19-13-207. Agreement not to relieve agency of duties.
Noagreement made under this act may relieve any fire protection service,emergency medical care provider, homeland security program or local governmentsubdivision of this state of a duty imposed upon it by law. Timely performanceof a duty created by a mutual aid agreement may be offered in satisfaction ofthe duty.
19-13-208. Limitation of powers.
Exceptfor the right granted by this act to jointly exercise powers, this act does notauthorize any fire protection service, emergency medical care provider,homeland security program or local government subdivision of this state toexercise a power that it is not otherwise authorized to exercise.
19-13-209. Right of state in actions involving agreements.
Inany case or controversy involving performance or interpretation of or liabilityunder a mutual aid agreement entered into between one (1) or more fireprotection services, emergency medical care providers, homeland securityprograms or local government subdivisions of this state and one (1) or morefire protection services, emergency medical care providers, homeland securityprograms or local government subdivisions of another state or of the UnitedStates, the parties to the agreement are the real parties in interest. Thisstate may maintain an action against any fire protection service, emergencymedical care provider, homeland security program or local governmentsubdivision whose default, failure, performance or other conduct caused orcontributed to a loss or liability incurred by the state.
19-13-210. Authorization to appropriate funds for purpose of agreement.
Afire protection service, emergency medical care provider, homeland securityprogram or local government subdivision of this state may appropriate funds forand may sell, lease or otherwise supply material to any entity created for thepurpose of performance of an agreement and may provide such personnel orservices therefor as are within its authority to furnish.
ARTICLE 3 - SEARCH AND RESCUE OPERATIONS
19-13-301. Search and rescue account; created; expenditures.
(a) The search and rescue account is created. Fees identifiedin W.S. 23-2-101, 23-2-201, 31-2-404, 41-13-109 and 41-13-110 shall bedeposited in the state treasury to the credit of this account.
(b) Revenues deposited within the search and rescue accountshall be expended by the Wyoming office of homeland security to reimbursecounties for costs directly incurred in a specific search and rescue operation,subject to W.S. 19-13-302 and rules and regulations adopted by the Wyomingsearch and rescue council. Expenditures for reimbursement pursuant to thissubsection shall receive priority over all other authorized account expenditures.No revenues deposited within the account shall be used to reimburse countiesfor any salary or benefits normally paid to its employees.
(c) Subject to subsection (b) of this section, the Wyomingoffice of homeland security may expend revenues available within the search andrescue account for other search and rescue program purposes including:
(i) Administration of the Wyoming search and rescue program;
(ii) Search and rescue training programs for Wyoming search andrescue personnel;
(iii) Acquisition and maintenance of search and rescue equipmentused in Wyoming;
(iv) Development and maintenance of statewide search and rescueoverhead teams.
19-13-302. Search and rescue account administration.
(a) Any county sheriff's office in this state may make a claimon the search and rescue account for reimbursement of costs directly incurredin the performance of search and rescue activities. Any claim made pursuant tothis subsection shall be submitted to the Wyoming office of homeland security. Uponreceipt, the Wyoming office of homeland security shall transmit the claim tothe Wyoming search and rescue council for review and action in accordance withsubsection (b) of this section.
(b) The Wyoming search and rescue council shall review and act uponall claims submitted under subsection (a) of this section no later than June 30following the year in which expenses were incurred for the claim submitted. Ifthere are insufficient funds to pay all approved claims, the Wyoming office ofhomeland security shall prorate reimbursement among all approved claims.Payments authorized through the Wyoming office of homeland security pursuant tothis section shall be paid by the state treasurer by warrant issued by thestate auditor upon vouchers signed by the director, Wyoming office of homelandsecurity or his designee.
(c) Repealed By Laws 2001, Ch. 146, 3.
19-13-303. Search and rescue council; appointment; vacancies;compensation; duties.
(a) The Wyoming search and rescue council is established and shallconsist of eleven (11) voting members. The director of the Wyoming office ofhomeland security or his designee shall serve as a voting member and thepermanent executive secretary to the council. The governor shall appoint theremaining ten (10) members to serve four (4) year terms as follows:
(i) Three (3) county sheriffs;
(ii) One (1) county commissioner;
(iii) One (1) peace officer at large; and
(iv) Five (5) other citizens.
(b) Council members appointed by virtue of their electedpositions shall resign from the council immediately upon vacating their electedoffice. Individuals appointed to fill council vacancies shall be appointed forthe full term and shall not be appointed to serve the remainder of theunexpired portion of the term. The governor may remove any appointed councilmember as provided under W.S. 9-1-202.
(c) Members shall serve without compensation but shall receivemileage and per diem as provided for state employees under W.S. 9-3-102 and9-3-103.
(d) The council shall adopt rules and regulations as necessaryto administer this article.
ARTICLE 4 - EMERGENCY MANAGEMENT ASSISTANCE COMPACT
19-13-401. Compact provisions.
The Emergency Management Assistance Compact is enacted into lawand entered into with all other jurisdictions legally joining therein in formsubstantially the same. W.S. 19-13-401 through 19-13-414 shall be known andmay be cited as the "Emergency Management Assistance Compact."
19-13-402. Purposes and authorities.
(a) This compact is made and entered into by and between theparticipating member states that enact this compact, hereinafter called partystates. For the purposes of this agreement, the term "states" istaken to mean the several states, the Commonwealth of Puerto Rico, the Districtof Columbia and all United States territorial possessions.
(b) The purpose of this compact is to provide for mutualassistance between the states entering into this compact in managing anyemergency or disaster that is duly declared by the governor of the affectedstate, whether arising from natural disaster, technological hazard, man-madedisaster or emergency aspects of resource shortages.
(c) This compact shall also provide for mutual cooperation inemergency-related exercises, testing or other training activities usingequipment and personnel simulating performance of any aspect of the giving andreceiving of aid by party states or subdivisions of party states duringemergencies for actions occurring outside actual declared emergency periods.Mutual assistance in this compact may include the use of the states' nationalguard forces, either in accordance with the National Guard Mutual AssistanceCompact or by mutual agreement between states.
19-13-403. General implementation.
(a) Each party state entering into this compact recognizes manyemergencies transcend political jurisdictional boundaries and thatintergovernmental coordination is essential in managing these and otheremergencies under this compact. Each state further recognizes that there will beemergencies, which require immediate access and present procedures to applyoutside resources to make a prompt and effective response to an emergency. Thisis because few, if any, individual states have all the resources they may needin all types of emergencies or the capability of delivering resources to areaswhere emergencies exist.
(b) The prompt, full, and effective utilization of resources ofthe participating states, including any resources on hand or available from thefederal government or any other source, that are essential to the safety, careand welfare of the people in the event of any emergency or disaster declared bya party state, shall be the underlying principle on which all provisions ofthis compact shall be understood.
(c) On behalf of the governor of each state participating inthe compact, the legally designated state official who is assignedresponsibility for homeland security will be responsible for formulation of theappropriate interstate mutual aid plans and procedures necessary to implementthis compact.
19-13-404. Party state responsibilities.
(a) It shall be the responsibility of each party state toformulate procedural plans and programs for interstate cooperation in theperformance of the responsibilities listed in this section. In formulating theplans, and in carrying them out, the party states, insofar as practical, shall:
(i) Review individual state hazards analyses and, to the extentreasonably possible, determine all those potential emergencies the party statesmight jointly suffer, whether due to natural disaster, technological hazard,man-made disaster, emergency aspects of resource shortages, or enemy attack;
(ii) Review party states' individual homeland security plans anddevelop a plan, which will determine the mechanism for the interstatemanagement and provision of assistance concerning any potential emergency;
(iii) Develop interstate procedures to fill any identified gapsand to resolve any identified inconsistencies or overlaps in existing or developedplans;
(iv) Assist in warning communities adjacent to or crossing thestate boundaries;
(v) Protect and assure uninterrupted delivery of services,medicines, water, food, energy and fuel, search and rescue, and criticallifeline equipment, services and resources, both human and material;
(vi) Inventory and set procedures for the interstate loan anddelivery of human and material resources, together with procedures forreimbursement or forgiveness.
(b) The authorized representative of a party state may requestassistance of another party state by contacting the authorized representativeof that state. The provisions of this agreement shall only apply to requestsfor assistance made by and to authorized representatives. Requests may beverbal or in writing. If verbal, the request shall be confirmed in writingwithin thirty (30) days of the verbal request. Requests shall provide thefollowing information:
(i) A description of the emergency service function for whichassistance is needed, including but not limited to fire services, lawenforcement, emergency medical, transportation, communications, public worksand engineering, building inspection, planning and information assistance, masscare, resource support, health and medical services and search and rescue;
(ii) The amount and type of personnel, equipment, materials andsupplies needed and a reasonable estimate of the length of time they will beneeded;
(iii) The specific place and time for staging of the assistingparty's response and a point of contact at that location.
(c) There shall be frequent consultation between stateofficials who have assigned homeland security responsibilities and otherappropriate representatives of the party states with affected jurisdictions andthe United States government, with free exchange of information, plans andresource records relating to emergency capabilities.
19-13-405. Limitations.
Any party state requested to render mutual aid or conductexercises and training for mutual aid shall take the action necessary toprovide and make available the resources covered by this compact in accordancewith the terms hereof; provided that it is understood that the state renderingaid may withhold resources to the extent necessary to provide reasonable protectionfor that state. Each party state shall afford to the emergency forces of anyparty state, while operating within its state limits under the terms andconditions of this compact, the same powers (except that of arrest unlessspecifically authorized by the receiving state), duties, rights and privilegesafforded forces of the state in which they are performing emergency services.Emergency forces will continue under the command and control of their regularleaders, but the organizational units will come under the operational controlof the emergency services authorities of the state receiving assistance. Theseconditions may be activated, as needed, only subsequent to a declaration of astate of emergency or disaster by the governor of the party state that is toreceive assistance or commencement of exercises or training for mutual aid andshall continue so long as the exercises or training for mutual aid are inprogress, the state of emergency or disaster remains in effect or loanedresources remain in an official capacity in the receiving state, whichever islonger.
19-13-406. Licenses and permits.
Whenever any person holds a license, certificate or other permitissued by any state party to the compact evidencing the meeting ofqualifications for professional, mechanical or other skills, and whenassistance is requested by the receiving party state, the person shall bedeemed licensed, certified or permitted by the state requesting assistance torender aid involving the skill to meet a declared emergency or disaster,subject to limitations and conditions the governor of the requesting state mayprescribe by executive order or otherwise.
19-13-407. Liability.
Officers or employees of a party staterendering aid in another state pursuant to this compact shall be consideredagents of the requesting state for tort liability and immunity purposes. Anyparty state or its officers or employees rendering aid in this state pursuantto this compact shall be liable for any act or omission on the part of the forceswhile so engaged or for the maintenance or use of any equipment or supplies inconnection therewith in accordance with the provisions of the WyomingGovernmental Claims Act.
19-13-408. Supplementary agreements.
If it is probable that the pattern and detail of the machinery formutual aid among two (2) or more states may differ from that among the statesthat are party hereto, this instrument contains elements of a broad base commonto all states, and nothing herein contained shall preclude any state fromentering into supplementary agreements with another state or affect any otheragreements already in force between states. Supplementary agreements maycomprehend, but shall not be limited to, provisions for evacuation andreception of injured and other persons and the exchange of medical, fire,police, public utility, reconnaissance, welfare, transportation andcommunications personnel and equipment and supplies.
19-13-409. Compensation.
Each party state shall provide for the payment of compensation anddeath benefits to injured members of the emergency forces of that state andrepresentatives of deceased members of the forces in case the members sustaininjuries or are killed while rendering aid pursuant to this compact, in thesame manner and on the same terms as if the injury or death were sustainedwithin their own state.
19-13-410. Reimbursement.
Any party state rendering aid in another state pursuant to thiscompact shall be reimbursed by the party state receiving aid for any loss ordamage to or expense incurred in the operation of any equipment and theprovision of any service in answering a request for aid and for the costsincurred in connection with the requests; provided, that any aiding party statemay assume in whole or in part the loss, damage, expense or other cost, or mayloan the equipment or donate the services to the receiving party state withoutcharge or cost; and provided further, that any two (2) or more party states mayenter into supplementary agreements establishing a different allocation ofcosts among those states. Expenses under W.S. 19-13-409 shall not bereimbursable under this provision.
19-13-411. Evacuation.
Plans for the orderly evacuation and interstate reception ofportions of the civilian population as the result of any emergency or disasterof sufficient proportions to so warrant, shall be worked out and maintainedbetween the party states and the emergency management services directors of thevarious jurisdictions where any type of incident requiring evacuations mightoccur. The plans shall be put into effect by request of the state from whichevacuees come and shall include the manner of transporting the evacuees, thenumber of evacuees to be received in different areas, the manner in which food,clothing, housing and medical care will be provided, the registration of theevacuees, the providing of facilities for the notification of relatives orfriends, and the forwarding of the evacuees to other areas or the importing ofadditional materials, supplies and all other relevant factors. The plans shallprovide that the party state receiving evacuees and the party state from whichthe evacuees come shall mutually agree as to reimbursement of out-of-pocketexpenses incurred in receiving and caring for the evacuees, for expendituresfor transportation, food, clothing, medicines and medical care and like items.The expenditures shall be reimbursed as agreed by the party state from whichthe evacuees come. After the termination of the emergency or disaster, theparty state from which the evacuees come shall assume the responsibility forthe ultimate support of repatriation of the evacuees.
19-13-412. Implementation.
(a) This compact shall become operative immediately upon itsenactment into law by any two (2) states; thereafter, this compact shall becomeeffective for any other state upon its enactment by that state.
(b) Any party state may withdraw from this compact by enactinga statute repealing the same, but no withdrawal shall take effect until thirty(30) days after the governor of the withdrawing state has given notice inwriting of the withdrawal to the governors of all other party states. Theaction shall not relieve the withdrawing state from obligations assumedhereunder prior to the effective date of withdrawal.
(c) Duly authenticated copies of this compact and ofsupplementary agreements entered into shall, at the time of their approval, bedeposited with each of the party states and with the federal department ofhomeland security and other appropriate agencies of the United Statesgovernment.
19-13-413. Validity.
This act shall be construed to effectuate the purposes stated inW.S. 19-13-402 hereof. If any provision of this compact is declaredunconstitutional, or its applicability to any person or circumstances is heldinvalid, the constitutionality of the remainder of this act and itsapplicability to other persons and circumstances shall not be affected.
19-13-414. Additional provisions.
Nothing in this compact shall authorize or permit the use ofmilitary force by the national guard of a state at any place outside that statein any emergency for which the president is authorized by law to call intofederal service the militia, or for any purpose for which the use of the Armyor the Air Force would in the absence of express statutory authorization beprohibited under Section 1385 of Title 18, United States Code.