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PRINTER'S NO. 610
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
546
Session of
2019
INTRODUCED BY BROWNE, SCHWANK, YAW, BOSCOLA, HAYWOOD AND
BREWSTER, APRIL 10, 2019
REFERRED TO JUDICIARY, APRIL 10, 2019
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.
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
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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. ยง 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
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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
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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
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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 Substances
Act (Public Law 91-513, 84 Stat. 1236), 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.
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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;
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(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
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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
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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
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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.
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(B) The provisions of this compact shall be liberally
construed to effectuate its purposes.
Section 3. Effective date.
This act shall take effect immediately.
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