1Authorizing the Commonwealth of Pennsylvania to join the
2Interstate Drug Interdiction and Enforcement Compact;
3providing for the form of the compact; and imposing
4additional powers and duties on the Governor and the Compact.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1.  Short title.

8This act shall be known and may be cited as the Interstate
9Drug Interdiction and Enforcement Compact Act.

10Section 2.  Authority to execute compact.

11The Governor, on behalf of the Commonwealth, is hereby
12authorized to execute a compact in substantially the following
13form with any one or more of the states of the United States,
14and the General Assembly hereby signifies in advance its
15approval and ratification of such compact:

16THE INTERSTATE DRUG INTERDICTION AND ENFORCEMENT COMPACT

17ARTICLE I

18PURPOSE

1The compacting states to this Interstate Compact recognize
2that each state is undertaking efforts to combat the illicit
3drug trade which disrupts families, endangers communities and
4threatens the well-being of our children. The compacting states
5also recognize that the Congress of the United States, by
6enacting the Crime Control Act (63 Stat. 107, 4 U.S.C. § 112),
7has authorized and encouraged compacts for cooperative efforts
8and mutual assistance in the prevention of crime.

9It is the purpose of this compact, through means of joint and
10cooperative action among the compacting states to:

11(A)  Provide for mutual assistance and support among the
12compacting states in the utilization of state law enforcement,
13and any local law enforcement authorized under Article III, in
14drug interdiction, counter-drug and demand reduction activities.

15(B)  Permit state law enforcement of this state to enter into
16mutual assistance and support agreements, on the basis of need,
17with one or more state law enforcement departments or agencies
18of one or more other states, whether such activities are within
19or without this state, in order to facilitate and coordinate
20efficient, cooperative enforcement efforts directed toward drug
21interdiction and counter-drug and demand reduction activities.

22(C)  Permit state law enforcement of this state to act as a
23receiving and a responding state, as defined within this
24compact, and ensure the prompt and effective delivery of law
25enforcement personnel, assets and services to state law
26enforcement departments or agencies that are in need of
27increased support and presence.

28(D)  Permit and encourage a high degree of flexibility in the
29deployment of law enforcement personnel in the interest of
30efficiency.

1(E)  Maximize the effectiveness of state law enforcement, and
2any local law enforcement authorized under Article III, in those
3situations which call for its utilization under this compact.

4(F)  Provide protection for the rights of state law
5enforcement personnel, and any local law enforcement personnel
6authorized under Article III, when performing duties in other
7states in counter-drug activities.

8(G)  Ensure uniformity of state laws in the area of law
9enforcement involvement in interstate counter-drug activities by
10incorporating uniform laws within this compact.

11ARTICLE II

12DEFINITIONS

13As used in this compact, unless the context clearly requires
14a different construction:

15(A)  "Attorney General" means: the Attorney General of the
16compacting state.

17(B)  "Compacting state" means: any state which has enacted
18the enabling legislation for this compact.

19(C)  "Demand reduction" means: providing available state law
20enforcement personnel, and any local law enforcement personnel
21authorized under Article III, equipment, support and
22coordination to state law enforcement departments or agencies
23for the purposes of the prevention of drug abuse and the
24reduction in the demand for illegal drugs.

25(D)  "Drug interdiction and counter-drug activities" means:
26the use of law enforcement personnel, in any support activities
27that are intended to reduce the supply or use of illegal drugs
28in the United States. These activities include, but are not
29limited to:

30(1)  Providing information obtained during counter-drug

1activities to state law enforcement officials in the compact
2that may be relevant to a violation of any federal or state law
3within the jurisdiction of such officials;

4(2)  Making available any equipment (including associated
5supplies or spare parts), or facilities of state law
6enforcement, to state law enforcement officials in the compact
7for law enforcement purposes, in accordance with other
8applicable law or regulation;

9(3)  Providing available law enforcement personnel to train
10state or local law enforcement in the compact in the operation
11and maintenance of equipment, including equipment made available
12above, in accordance with other applicable law;

13(4)  Providing available law enforcement personnel to operate
14and maintain equipment provided to state or local law
15enforcement officials in the compact pursuant to activities
16defined and referred to in this compact;

17(5)  Operating and maintaining equipment and facilities of
18state and local law enforcement agencies used for the purposes
19of drug interdiction and counter-drug activities;

20(6)  Providing available law enforcement personnel to operate
21equipment for the detection, monitoring and communication of the
22movement of air, land and sea traffic, to facilitate
23communications in connection with law enforcement programs, to
24provide transportation for law enforcement personnel;

25(7)  Providing available law enforcement personnel, equipment
26and support for administrative, interpretive, analytic or other
27purposes; and

28(8)  Providing available law enforcement personnel and
29equipment to aid state law enforcement departments or agencies
30in the compact otherwise involved in the prosecution or

1incarceration of individuals processed within the criminal
2justice system who have been arrested for criminal acts
3involving the use, distribution or transportation of controlled
4substances as defined in Title II of the Controlled Substance
5Act (Public Law 91-513, 21 U.S.C. § 801 et seq.), or otherwise
6by law, in accordance with other law.

7(E)  "Local law enforcement" means: a lawfully established
8local public agency that is responsible for the prevention and
9detection of crime and the enforcement of penal, traffic or
10controlled substances laws.

11(F)  "Mutual assistance and support agreement" or "agreement"
12means: an agreement between state law enforcement of this state
13and one or more state law enforcement departments or agencies of
14other states, consistent with the purposes of this compact.

15(G)  "Official" means: the appointed, elected, designated or
16otherwise duly selected representative of a state law
17enforcement department or agency authorized to conduct those
18activities for which assistance is requested.

19(H)  "Requesting state" means: the state whose Governor
20requested assistance in the area of counter-drug activities.

21(I)  "Responding state" means: the state furnishing
22assistance, or requested to furnish assistance, in the area of
23counter-drug activities.

24(J)  "State" means: a state of the United States, the
25District of Columbia, the Commonwealth of Puerto Rico or a
26territory or possession of the United States.

27(K)  "State law enforcement" means: the State Police, State
28Highway Patrol, Highway Patrol, State Patrol or similar state
29law enforcement department or agency that is responsible for the
30prevention and detection of crime and the enforcement of penal,

1traffic or controlled substances laws.

2ARTICLE III

3MUTUAL ASSISTANCE AND SUPPORT

4(A)  Upon the request of a Governor of a compacting state for
5mutual assistance and support in the area of drug interdiction,
6counter-drug and demand reduction activities, the Governor of a
7responding state shall have authority under this compact to
8enter into an agreement to send without the borders of his or
9her state and place under the temporary operational control of
10the appropriate official of the requesting state, for the
11purposes of providing such requested assistance, all or any part
12of state law enforcement personnel of his or her state as he or
13she may deem necessary, and the exercise of his or her
14discretion in this regard shall be conclusive.

15(B)  The state law enforcement agency of this state may also
16enter into memorandums of understanding or agreements with local
17law enforcement agencies of this state to provide mutual
18assistance and support to requesting states.

19(C)  The Governor of a compacting state may, within his or
20her discretion, withhold state law enforcement personnel of his
21or her state from such use and recall any personnel or part
22thereof previously deployed in a requesting state.

23(D)  State and local law enforcement of this state are hereby
24authorized to engage in counter-drug activities and demand
25reduction.

26(E)  The mutual assistance and support agreement must set
27forth the powers, rights and obligations of the parties to the
28agreement, where applicable, as follows:

29(1)  Its duration;

30(2)  The organization, composition and nature of any separate

1legal entity created thereby;

2(3)  The purpose of the agreement;

3(4)  The manner of financing the agreement and establishing
4and maintaining its budget;

5(5)  The method to be employed in accomplishing the partial
6or complete termination of the agreement and for disposing of
7property upon such partial or complete termination;

8(6)  Provision for administering the agreement, which may
9include creation of a joint board responsible for such
10administration;

11(7)  The manner of acquiring, holding and disposing of real
12and personal property used in this agreement, if necessary;

13(8)  The minimum standards for law enforcement personnel
14implementing the provisions of this agreement;

15(9)  The minimum insurance required of each party to the
16agreement, if necessary;

17(10)  The chain of command or delegation of authority to be
18followed by law enforcement personnel acting under the
19provisions of the agreement;

20(11)  The duties and authority that the law enforcement
21personnel of each compacting state may exercise; and

22(12)  Any other necessary and proper matters.

23(F)  Agreements prepared under the provisions of this compact
24are exempt from any general law pertaining to intergovernmental
25agreements.

26(G)  As a condition precedent to an agreement becoming
27effective under this part, the agreement must be submitted to
28and receive the approval of the Attorney General. The Attorney
29General shall approve an agreement submitted to him under this
30part unless he finds that it is not in proper form, does not

1meet the requirements set forth in this part, or otherwise does
2not conform to the laws of his or her state. If the Attorney
3General disapproves an agreement, he shall provide a written
4explanation to the Governor.

5(H)  If the Attorney General does not disapprove an agreement
6within thirty (30) days after its submission to him, it is
7considered approved.

8(I)  Whenever law enforcement personnel of any compacting
9state are engaged in the performance of duties, in the area of
10drug interdiction, counter-drug and demand reduction activities,
11pursuant to orders, they shall not be held personally liable for
12any acts or omissions which occur during the performance of
13their duties.

14ARTICLE IV

15RESPONSIBILITIES

16(A)  Whenever law enforcement personnel of any responding
17state are engaged in another state in carrying out the purposes
18of this compact, the personnel thereof so engaged shall have the
19same powers, duties, rights, privileges and immunities as
20members of law enforcement departments or agencies of the
21requesting state. The requesting state shall save and hold law
22enforcement personnel of the responding states harmless from
23civil liability except as otherwise provided herein, for acts or
24omissions which occur in the performance of their duties while
25engaged in carrying out the purposes of this compact, whether
26responding personnel are serving the requesting state within the
27borders of the responding state or are attached to the
28requesting state for purposes of operational control.

29(B)  Subject to the provisions of (C), (D) and (E) of this
30article, all liability that may arise under the laws of the

1requesting state or the responding states, on account of or in
2connection with a request for assistance or support, shall be
3assumed and borne by the requesting state.

4(C)  Any responding state rendering aid or assistance
5pursuant to this compact shall be reimbursed by the requesting
6state for any loss or damage to, or expense incurred in the
7operation of, any equipment answering a request for aid, and for
8the cost of the materials, transportation and maintenance of law
9enforcement personnel and equipment incurred in connection with
10such request, provided that nothing herein contained shall
11prevent any responding state from assuming such loss, damage,
12expense or other cost.

13(D)  Unless there is a written agreement to the contrary,
14each party shall provide, in the same amounts and manner as if
15they were on duty within their state, for pay and allowances of
16the personnel while engaged without the state pursuant to this
17compact and while going to and returning from such duty pursuant
18to this compact.

19(E)  Each compacting state providing for the payment of
20compensation and death benefits to injured law enforcement
21personnel and the representatives of deceased members of law
22enforcement agencies in case such members sustain injuries or
23are killed within their own state shall provide for the payment
24of compensation and death benefits in the same manner and on the
25same terms in the event such members sustain injury or are
26killed while rendering assistance or support pursuant to this
27compact. Such benefits and compensation shall be deemed items of
28expense reimbursable pursuant to (C) of this article.

29(F)  Personnel of law enforcement agencies performing duties
30pursuant to this compact shall be subject to and governed by the

1provisions of their home state criminal justice law whether they
2are performing duties within or without their home state.
3However, nothing in this section shall abrogate the general
4criminal jurisdiction of the state in which the offense
5occurred.

6ARTICLE V

7DELEGATION

8Nothing in this compact shall be construed to prevent the
9Governor of a compact state from delegating any of his or her
10responsibility or authority respecting state law enforcement,
11provided that such delegation is otherwise in accordance with
12law. For purposes of this compact, however, the Governor shall
13not delegate the power to request assistance from another state.

14ARTICLE VI

15ENTRY INTO FORCE AND WITHDRAWAL

16(A)  This compact shall enter into force when enacted into
17law by any two (2) states; thereafter, this compact shall become
18effective as to any other state upon its enactment thereof.

19(B)  A compacting state may withdraw from the compact by
20specifically repealing the statute which enacted the compact
21into law.

22(C)  The effective date of withdrawal is the effective date
23of the repeal. The Governor of the withdrawing state shall
24notify in writing of such withdrawal to the governors of all
25other compacting states.

26ARTICLE VII

27SEVERABILITY AND CONSTRUCTION

28(A)  The provisions of this compact shall be severable, and
29if any phrase, clause, sentence or provision of this compact is
30deemed unenforceable, the remaining provisions of this compact

1shall be enforceable.

2(B)  The provisions of this compact shall be liberally
3construed to effectuate its purposes.

4Section 3.  Effective date.

5This act shall take effect immediately.