THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY GREENLEAF, TARTAGLIONE, BROWNE, ERICKSON, RAFFERTY AND BOSCOLA, JANUARY 12, 2011

REFERRED TO JUDICIARY, JANUARY 12, 2011  

AN ACT

Authorizing the Commonwealth of Pennsylvania to join the

Interstate Drug Interdiction and Enforcement Compact;

providing for the form of the compact; and imposing

additional powers and duties on the Governor and the Compact.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Interstate

Drug Interdiction and Enforcement Compact Act.

Section 2.  Authority to execute compact.

The Governor, on behalf of the Commonwealth, is hereby

authorized to execute a compact in substantially the following

form with any one or more of the states of the United States,

and the General Assembly hereby signifies in advance its

approval and ratification of such compact:

THE INTERSTATE DRUG INTERDICTION AND ENFORCEMENT COMPACT

ARTICLE I

PURPOSE

The compacting states to this Interstate Compact recognize

that each state is undertaking efforts to combat the illicit

drug trade which disrupts families, endangers communities and

threatens the well-being of our children. The compacting states

also recognize that the Congress of the United States, by

enacting the Crime Control Act (63 Stat. 107, 4 U.S.C. § 112),

has authorized and encouraged compacts for cooperative efforts

and mutual assistance in the prevention of crime.

It is the purpose of this compact, through means of joint and

cooperative action among the compacting states to:

(A)  Provide for mutual assistance and support among the

compacting states in the utilization of state law enforcement,

and any local law enforcement authorized under Article III, in

drug interdiction, counter-drug and demand reduction activities.

(B)  Permit state law enforcement of this state to enter into

mutual assistance and support agreements, on the basis of need,

with one or more state law enforcement departments or agencies

of one or more other states, whether such activities are within

or without this state, in order to facilitate and coordinate

efficient, cooperative enforcement efforts directed toward drug

interdiction and counter-drug and demand reduction activities.

(C)  Permit state law enforcement of this state to act as a

receiving and a responding state, as defined within this

compact, and ensure the prompt and effective delivery of law

enforcement personnel, assets and services to state law

enforcement departments or agencies that are in need of

increased support and presence.

(D)  Permit and encourage a high degree of flexibility in the

deployment of law enforcement personnel in the interest of

efficiency.

(E)  Maximize the effectiveness of state law enforcement, and

any local law enforcement authorized under Article III, in those

situations which call for its utilization under this compact.

(F)  Provide protection for the rights of state law

enforcement personnel, and any local law enforcement personnel

authorized under Article III, when performing duties in other

states in counter-drug activities.

(G)  Ensure uniformity of state laws in the area of law

enforcement involvement in interstate counter-drug activities by

incorporating uniform laws within this compact.

ARTICLE II

DEFINITIONS

As used in this compact, unless the context clearly requires

a different construction:

(A)  "Attorney General" means: the Attorney General of the

compacting state.

(B)    "Compacting state" means: any state which has enacted

the enabling legislation for this compact.

(C)  "Demand reduction" means: providing available state law

enforcement personnel, and any local law enforcement personnel

authorized under Article III, equipment, support and

coordination to state law enforcement departments or agencies

for the purposes of the prevention of drug abuse and the

reduction in the demand for illegal drugs.

(D)  "Drug interdiction and counter-drug activities" means:

the use of law enforcement personnel, in any 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:

(1)  Providing information obtained during counter-drug

activities to state law enforcement officials in the compact

that may be relevant to a violation of any federal or state law

within the jurisdiction of such officials;

(2)  Making available any equipment (including associated

supplies or spare parts), or facilities of state law

enforcement, to state law enforcement officials in the compact

for law enforcement purposes, in accordance with other

applicable law or regulation;

(3)  Providing available law enforcement personnel to train

state or local law enforcement in the compact in the operation

and maintenance of equipment, including equipment made available

above, in accordance with other applicable law;

(4)  Providing available law enforcement personnel to operate

and maintain equipment provided to state or local law

enforcement officials in the compact pursuant to activities

defined and referred to in this compact;

(5)  Operating and maintaining equipment and facilities of

state and local law enforcement agencies used for the purposes

of drug interdiction and counter-drug activities;

(6)  Providing available law enforcement 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 law enforcement personnel;

(7)  Providing available law enforcement personnel, equipment

and support for administrative, interpretive, analytic or other

purposes; and

(8)  Providing available law enforcement personnel and

equipment to aid state law enforcement departments or agencies

in the compact 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 Title II of the Controlled Substance

Act (Public Law 91-513, 21 U.S.C. § 801 et seq.), or otherwise

by law, in accordance with other law.

(E)    "Local law enforcement" means: a lawfully established

local public agency that is responsible for the prevention and

detection of crime and the enforcement of penal, traffic or

controlled substances laws.

(F)  "Mutual assistance and support agreement" or "agreement"

means: an agreement between state law enforcement of this state

and one or more state law enforcement departments or agencies of

other states, consistent with the purposes of this compact.

(G)  "Official" means: the appointed, elected, designated or

otherwise duly selected representative of a state law

enforcement department or agency authorized to conduct those

activities for which assistance is requested.

(H)  "Requesting state" means: the state whose Governor

requested assistance in the area of counter-drug activities.

(I)  "Responding state" means: the state furnishing

assistance, or requested to furnish assistance, in the area of

counter-drug activities.

(J)  "State" means: a state of the United States, the

District of Columbia, the Commonwealth of Puerto Rico or a

territory or possession of the United States.

(K)  "State law enforcement" means: the State Police, State

Highway Patrol, Highway Patrol, State Patrol or similar state

law enforcement department or agency that is responsible for the

prevention and detection of crime and the enforcement of penal,

traffic or controlled substances laws.

ARTICLE III

MUTUAL ASSISTANCE AND SUPPORT

(A)  Upon the request of a Governor of a compacting state for

mutual assistance and support 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

enter into an agreement to send without the borders of his or

her state and place under the temporary operational control of

the appropriate official of the requesting state, for the

purposes of providing such requested assistance, all or any part

of state law enforcement personnel of his or her state as he or

she may deem necessary, and the exercise of his or her

discretion in this regard shall be conclusive.

(B)  The state law enforcement agency of this state may also

enter into memorandums of understanding or agreements with local

law enforcement agencies of this state to provide mutual

assistance and support to requesting states.

(C)  The Governor of a compacting state may, within his or

her discretion, withhold state law enforcement personnel of his

or her state from such use and recall any personnel or part

thereof previously deployed in a requesting state.

(D)  State and local law enforcement of this state are hereby

authorized to engage in counter-drug activities and demand

reduction.

(E)  The mutual assistance and support agreement must set

forth the powers, rights and obligations of the parties to the

agreement, where applicable, as follows:

(1)  Its duration;

(2)  The organization, composition and nature of any separate

legal entity created thereby;

(3)  The purpose of the agreement;

(4)  The manner of financing the agreement and establishing

and maintaining its budget;

(5)  The method to be employed in accomplishing the partial

or complete termination of the agreement and for disposing of

property upon such partial or complete termination;

(6)  Provision for administering the agreement, which may

include creation of a joint board responsible for such

administration;

(7)  The manner of acquiring, holding and disposing of real

and personal property used in this agreement, if necessary;

(8)  The minimum standards for law enforcement personnel

implementing the provisions of this agreement;

(9)  The minimum insurance required of each party to the

agreement, if necessary;

(10)  The chain of command or delegation of authority to be

followed by law enforcement personnel acting under the

provisions of the agreement;

(11)  The duties and authority that the law enforcement

personnel of each compacting state may exercise; and

(12)  Any other necessary and proper matters.

(F)  Agreements prepared under the provisions of this compact

are exempt from any general law pertaining to intergovernmental

agreements.

(G)  As a condition precedent to an agreement becoming

effective under this part, the agreement must be submitted to

and receive the approval of the Attorney General. The Attorney

General shall approve an agreement submitted to him under this

part unless he finds that it is not in proper form, does not

meet the requirements set forth in this part, or otherwise does

not conform to the laws of his or her state. If the Attorney

General disapproves an agreement, he shall provide a written

explanation to the Governor.

(H)  If the Attorney General does not disapprove an agreement

within thirty (30) days after its submission to him, it is

considered approved.

(I)  Whenever law enforcement personnel of any compacting

state are engaged in the performance of duties, in the area of

drug interdiction, counter-drug and demand reduction activities,

pursuant to orders, they shall not be held personally liable for

any acts or omissions which occur during the performance of

their duties.

ARTICLE IV

RESPONSIBILITIES

(A)  Whenever law enforcement personnel of any responding

state are engaged in another state in carrying out the purposes

of this compact, the personnel thereof so engaged shall have the

same powers, duties, rights, privileges and immunities as

members of law enforcement departments or agencies of the

requesting state. The requesting state shall save and hold law

enforcement personnel of the responding states harmless from

civil liability except as otherwise provided herein, for acts or

omissions which occur in the performance of their duties while

engaged in carrying out the purposes of this compact, whether

responding personnel are serving the requesting state within the

borders of the responding state or are attached to the

requesting state for purposes of operational control.

(B)  Subject to the provisions of (C), (D) and (E) of this

article, all liability that may arise under the laws of the

requesting state or the responding states, on account of or in

connection with a request for assistance or support, shall be

assumed and borne by the requesting state.

(C)  Any responding state rendering aid or assistance

pursuant to this compact shall be reimbursed by the requesting

state for any loss or 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 law

enforcement personnel and equipment incurred in connection with

such request, provided that nothing herein contained shall

prevent any responding state from assuming such loss, damage,

expense or other cost.

(D)  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

the personnel while engaged without the state pursuant to this

compact and while going to and returning from such duty pursuant

to this compact.

(E)  Each compacting state providing for the payment of

compensation and death benefits to injured law enforcement

personnel and the representatives of deceased members of law

enforcement agencies 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 (C) of this article.

(F)  Personnel of law enforcement agencies performing duties

pursuant to this compact shall be subject to and governed by the

provisions of their home state criminal justice law whether they

are performing duties within or without their home state.

However, 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 compact state from delegating any of his or her

responsibility or authority respecting state law enforcement,

provided that such delegation is otherwise in accordance with

law. For purposes of this compact, however, the Governor shall

not delegate the power to request assistance from another state.

ARTICLE VI

ENTRY INTO FORCE AND WITHDRAWAL

(A)  This compact shall enter into force when enacted into

law by any two (2) states; thereafter, this compact shall become

effective as to any other state upon its enactment thereof.

(B)  A compacting state may withdraw from the compact by

specifically repealing the statute which enacted the compact

into law. 

(C)    The effective date of withdrawal is the effective date

of the repeal. The Governor of the withdrawing state shall

notify in writing of such withdrawal to the governors of all

other compacting states.

ARTICLE VII

SEVERABILITY AND CONSTRUCTION

(A)  The provisions of this compact shall be severable, and

if any phrase, clause, sentence or provision of this compact is

deemed unenforceable, the remaining provisions of this compact

shall be enforceable.

(B)  The provisions of this compact shall be liberally

construed to effectuate its purposes.

Section 3.  Effective date.

This act shall take effect immediately.