191101. Renumbered as 197204 by Laws 1998, ch. 99, § 191102. Amended and renumbered as 198103 by Laws 1998, ch. 99, § 3



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1913111.  Funds, supplies and equipment; authority to make use of existing facilities.
In carrying out the provisions of this act, the governor and the executive officers or governing bodies of the political subdivisions of the state are directed to utilize the services, equipment, supplies and facilities of existing departments, offices and agencies of the state and of the political subdivisions thereof to the maximum extent practicable, and the officers and personnel of all departments, offices and agencies are directed to cooperate with and extend such services and facilities to the governor, the director and the homeland security programs throughout the state upon request.
1913112.  Programs barred from political activity.
No homeland security program established under the authority of this act shall participate in any form of political activity or be employed directly or indirectly for political purposes.
1913113.  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 are governmental functions. The state, any political subdivision, state agencies, and, except in cases of willful misconduct, gross negligence or bad faith, any homeland security worker complying with or reasonably attempting to comply with W.S. 1913101 through 1913116, any order, rule or regulation promulgated thereunder, or pursuant to any ordinance relating to blackout or other precautionary measures enacted by any political subdivision of the state, or in training for such activity, is not liable for the death of or injury to persons or for damage to property as a result of the activity or training. This section shall not affect the right of any person to receive benefits to which he would otherwise be entitled under W.S. 1913101 through 1913116, under the Wyoming Worker's Compensation Act, or under any pension law, nor affect the right of any 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 security worker who, in the course of performing homeland security duties, practices a professional, teaching, training, mechanical or other skill during a homeland security emergency, in training for an emergency or during homeland security exercises.
(c)  As used in this section "homeland security worker" includes any full or parttime paid, volunteer or auxiliary employee of any state, territories or possessions of the United States, the District of Columbia, any neighboring country, any political subdivision thereof, or any agency or program performing homeland security services at any place in this state subject to the order or control of or pursuant to a request of the state government or any political subdivision thereof and includes instructors and students in recognized educational programs where homeland security services are taught. A recognized educational program includes programs in educational institutions duly existing under the laws of this state and such other educational programs as are established by the office of homeland security or otherwise under this act.
(d)  Any person owning or controlling real estate or other premises who voluntarily and without compensation grants a license or privilege or otherwise permits the designation or use of the whole or any part of the real estate or premises for the purposes of sheltering persons during an actual, impending, mock or practice exercise, together with his successors in interest, is not civilly liable for negligently causing the death of or injury to any person on or about the real estate or premises nor for loss of or damage to the property of any person.
(e)  The director may, as a condition for a position as a homeland security worker, require prospective homeland security workers to submit to fingerprinting in order to obtain state and national criminal history record information.
1913114.  Persons advocating change by force or violence in form of government prohibited from employment or association; oath.
(a)  No person shall be employed or associated in any capacity in any homeland security program established under this act:
(i)  Who advocates or has advocated a change by force or violence in the constitutional form of the government of the United States or of this state, or the overthrow of any government in the United States by force or violence; or
(ii)  Who has been convicted of or is under indictment or information charging any subversive act against the United States.
(b)  Each person appointed to serve in a homeland security program, before entering upon his duties, shall take an oath in writing before a person authorized to administer oaths in this state, substantially as follows:
"I .... do solemnly swear (or affirm) that I will support and defend the constitution of the United States and the constitution of the state of Wyoming against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties on which I am about to enter."
"And I do further swear (or affirm) that I do not advocate, nor am I a member or an affiliate of any organization, group or combination of persons that advocates the overthrow of the government of the United States or of this state by force or violence; and that during such time as I am a member of the (name of homeland security program) I will not advocate nor become a member of any political party or organization that advocates the overthrow of the government of the United States or of this state by force or violence."
1913115.  Admission of professional personnel of other states in emergency.
In the event disaster conditions in Wyoming require visitation to this state by homeland security personnel from other states, including physicians, dentists, veterinarians, nurses or other professional personnel, reciprocity by way of allowing those professional persons to practice their professional talents without the normal admissions to practice in this state during the period of the emergency, is allowed.
1913116.  Enforcement of orders, rules and regulations.
Every homeland security program established pursuant to this act and the officers thereof shall execute and enforce orders, rules and regulations made by the governor under authority of this act. Each organization shall have available for inspection at its office all orders, rules and regulations made by the governor or under his authority.
1913117.  Lifesaver programs; process for grants; administration; account established; rules; grant criteria.
(a)  The office of homeland security shall administer a lifesaver program to provide grants to counties for search and rescue designed to quickly find a person suffering from Down syndrome, brain injuries, autism, Alzheimer's or other dementia related disorders who wanders and becomes lost and missing. The program shall operate on a county basis, under which participants wear transmitters to allow the county sheriff's departments to electronically locate participants if necessary.
(b)  The office of homeland security shall establish by rule and regulation an application procedure and calendar for grants under this section and adopt other rules as necessary to implement this section.
(c)  In administering this program, the office of homeland security and counties shall establish a policy of including private sector participants to the fullest extent possible unless a viable private sector solution does not exist.
(d)  Grant applications shall include, but not be limited to:
(i)  An estimate of the number of people who might qualify for assistance in the county;
(ii)  An estimate of the startup cost;
(iii)  A statement of the number of personnel available for tracking lost persons; and
(iv)  A statement of the local resources available to support ongoing operation of a lifesaver program.
(e)  The office of homeland security shall provide grants, subject to the following:
(i)  Grants to any one (1) county shall not exceed twentyfive thousand dollars ($25,000.00) of state funds in any calendar year;
(ii)  The director of the office of homeland security shall prioritize the grant awards in accordance with the respective needs of each county for tracking services and the availability of local funding sources, as documented in the applications submitted.
(f)  A grant recipient under this section shall use the grant monies only for startup costs associated with the contracting or purchasing of emergency response kits or services which shall include equipment and services necessary to track and triangulate searches, as well as transmitters or any other related equipment.
(g)  The lifesaver program account is created. The account shall consist of those funds appropriated to the account by the legislature and all monies received from federal grants and other contributions, grants, gifts, transfers, bequests and donations to the account. The office of homeland security is specifically empowered to accept grants, gifts, transfers, bequests and donations to the account. Funds in the account shall only be expended by the office of homeland security for the purpose of providing grants under this section.
ARTICLE 2

EMERGENCY SERVICES MUTUAL AID


1913201.  Short title.
This act shall be known and may be cited as the "Interstate Emergency Services Mutual Aid Act".
1913202.  Definitions.
(a)  As used in this act:
(i)  "Emergency medical care provider" means a local government subdivision or other entity, whether public or private, which provides emergency medical services;
(ii)  "Fire protection service" means a paid or volunteer fire department, fire company or other fire suppression entity organized under the laws of this state, any party state or an agency of the government of the United States;
(iii)  "Local government subdivision" means the local governmental entity, other than state government, including but not limited to incorporated towns, cities and counties;
(iv)  "Mutual aid agreement" or "agreement" means an agreement, consistent with the purposes of this act, by one (1) or more fire protection services, emergency medical care providers or local government subdivisions of this state with one (1) or more fire protection services, emergency medical care providers, homeland security programs or local government subdivisions of any other state or the United States;
(v)  "Party emergency service" means a fire protection service, emergency medical care provider, homeland security program, local government subdivision or agency of the United States that is a party to a mutual aid agreement as set forth in this act;
(vi)  "This act" means W.S. 1913201 through 1913210.
1913203.  Authorization to enter agreement; general content; authority.
(a)  Any one (1) or more fire protection services, emergency medical care providers, homeland security programs or local government subdivision 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 state or the United States to provide emergency services to the area covered by the agreement. The agreement shall be authorized and approved by the governing body of each party to the agreement that is not an agency of the United States government.
(b)  The agreement shall fully set forth the powers, rights and obligations of the parties to the agreement.
(c)  A mutual aid agreement shall grant a fire protection service, homeland security program or emergency medical care provider of this state authority to operate outside of the state and shall grant authority for a fire protection service, homeland security program or emergency medical care provider of another state or the United States to operate within this state as if the fire service, homeland security program or emergency medical care provider were organized and operated under the laws of this state.
1913204.  Detailed content of agreement.
(a)  The agreement authorized by W.S. 1913203 shall specify the following:
(i)  The purpose of the agreement;
(ii)  The precise organization, composition and nature of any separate legal entity created by the agreement;
(iii)  The duration of the agreement;
(iv)  The manner of financing the agreement and establishing and maintaining a budget therefor;
(v)  Provision for administering the agreement;
(vi)  The exact chain of command or delegation of authority to be followed by party emergency services acting under the provisions of the agreement;
(vii)  The manner of acquiring, holding and disposing of real and personal property used in the agreement;
(viii)  The method to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon partial or complete termination; and
(ix)  The nature, extent and amount of insurance coverage for acts or omissions and delineation of each party's responsibility for that coverage.
1913205.  Submission of agreement to attorney general.
(a)  Before becoming effective, the agreement shall be submitted to and receive the approval of the state attorney general.
(b)  The attorney general shall approve an agreement submitted to him under this act unless he finds that it is not in proper form, does not meet the requirements set forth in this act, or otherwise does not conform to the laws of this state. If he disapproves an agreement, he shall provide a detailed written statement to the appropriate governing bodies of the fire protection services, emergency medical care providers, homeland security programs and local government subdivisions.
(c)  If the attorney general does not disapprove an agreement within sixty (60) days after its submission to him, it is considered approved.
1913206.  Filing of agreement.
(a)  Within twenty (20) days after approval by the attorney general, an agreement made pursuant to this act shall be filed in the office of:
(i)  Each clerk and recorder of each county of this state where the principal office of one (1) of the parties to the agreement is located; and
(ii)  The secretary of state.
1913207.  Agreement not to relieve agency of duties.
No agreement made under this act may relieve any fire protection service, emergency medical care provider, homeland security program or local government subdivision of this state of a duty imposed upon it by law. Timely performance of a duty created by a mutual aid agreement may be offered in satisfaction of the duty.
1913208.  Limitation of powers.
Except for the right granted by this act to jointly exercise powers, this act does not authorize any fire protection service, emergency medical care provider, homeland security program or local government subdivision of this state to exercise a power that it is not otherwise authorized to exercise.
1913209.  Right of state in actions involving agreements.
In any case or controversy involving performance or interpretation of or liability under a mutual aid agreement entered into between one (1) or more fire protection services, emergency medical care providers, homeland security programs or local government subdivisions of this state and one (1) or more fire protection services, emergency medical care providers, homeland security programs or local government subdivisions of another state or of the United States, the parties to the agreement are the real parties in interest. This state may maintain an action against any fire protection service, emergency medical care provider, homeland security program or local government subdivision whose default, failure, performance or other conduct caused or contributed to a loss or liability incurred by the state.
1913210.  Authorization to appropriate funds for purpose of agreement.
A fire protection service, emergency medical care provider, homeland security program or local government subdivision of this state may appropriate funds for and may sell, lease or otherwise supply material to any entity created for the purpose of performance of an agreement and may provide such personnel or services therefor as are within its authority to furnish.
ARTICLE 3

SEARCH AND RESCUE OPERATIONS


1913301.  Search and rescue account; created; expenditures.
(a)  The search and rescue account is created. Fees identified in W.S. 232101, 232201, 312404, 312409, 312703, 4113109 and 4113110 shall be deposited in the state treasury to the credit of this account.
(b)  Revenues deposited within the search and rescue account shall be expended by the Wyoming office of homeland security to reimburse counties for costs directly incurred in a specific search and rescue operation, subject to W.S. 1913302 and rules and regulations adopted by the Wyoming search and rescue council. Expenditures for reimbursement pursuant to this subsection shall receive priority over all other authorized account expenditures. No revenues deposited within the account shall be used to reimburse counties for any salary or benefits normally paid to its employees.
(c)  Subject to subsection (b) of this section, the Wyoming office of homeland security may expend revenues available within the search and rescue 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 and rescue personnel;
(iii)  Acquisition and maintenance of search and rescue equipment used in Wyoming;
(iv)  Development and maintenance of statewide search and rescue overhead teams.
1913302.  Search and rescue account administration.
(a)  Any county sheriff's office in this state may make a claim on the search and rescue account for reimbursement of costs directly incurred in the performance of search and rescue activities. Any claim made pursuant to this subsection shall be submitted to the Wyoming office of homeland security. Upon receipt, the Wyoming office of homeland security shall transmit the claim to the Wyoming search and rescue council for review and action in accordance with subsection (b) of this section.
(b)  The Wyoming search and rescue council shall review and act upon all claims submitted under subsection (a) of this section no later than June 30 following the year in which expenses were incurred for the claim submitted. If there are insufficient funds to pay all approved claims, the Wyoming office of homeland security shall prorate reimbursement among all approved claims. Payments authorized through the Wyoming office of homeland security pursuant to this section shall be paid by the state treasurer by warrant issued by the state auditor upon vouchers signed by the director, Wyoming office of homeland security or his designee.
(c)  Repealed By Laws 2001, Ch. 146, § 3.
1913303.  Search and rescue council; appointment; vacancies; compensation; duties.
(a)  The Wyoming search and rescue council is established and shall consist of eleven (11) voting members. The director of the Wyoming office of homeland security or his designee shall serve as a voting member and the permanent executive secretary to the council. The governor shall appoint the remaining 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 elected positions shall resign from the council immediately upon vacating their elected office. Individuals appointed to fill council vacancies shall be appointed for the full term and shall not be appointed to serve the remainder of the unexpired portion of the term. The governor may remove any appointed council member as provided under W.S. 91202.
(c)  Members shall serve without compensation but shall receive mileage and per diem as provided for state employees under W.S. 93102 and 93103.
(d)  The council shall adopt rules and regulations as necessary to administer this article.
ARTICLE 4

EMERGENCY MANAGEMENT ASSISTANCE COMPACT


1913401.  Compact provisions.
The Emergency Management Assistance Compact is enacted into law and entered into with all other jurisdictions legally joining therein in form substantially the same. W.S. 1913401 through 1913414 shall be known and may be cited as the "Emergency Management Assistance Compact."
1913402.  Purposes and authorities.
(a)  This compact is made and entered into by and between the participating member states that enact this compact, hereinafter called party states. For the purposes of this agreement, the term "states" is taken to mean the several states, the Commonwealth of Puerto Rico, the District of Columbia and all United States territorial possessions.
(b)  The purpose of this compact is to provide for mutual assistance between the states entering into this compact in managing any emergency or disaster that is duly declared by the governor of the affected state, whether arising from natural disaster, technological hazard, man-made disaster or emergency aspects of resource shortages.
(c)  This compact shall also provide for mutual cooperation in emergency-related exercises, testing or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party states or subdivisions of party states during emergencies for actions occurring outside actual declared emergency periods. Mutual assistance in this compact may include the use of the states' national guard forces, either in accordance with the National Guard Mutual Assistance Compact or by mutual agreement between states.
1913403.  General implementation.
(a)  Each party state entering into this compact recognizes many emergencies transcend political jurisdictional boundaries and that intergovernmental coordination is essential in managing these and other emergencies under this compact. Each state further recognizes that there will be emergencies, which require immediate access and present procedures to apply outside resources to make a prompt and effective response to an emergency. This is because few, if any, individual states have all the resources they may need in all types of emergencies or the capability of delivering resources to areas where emergencies exist.
(b)  The prompt, full, and effective utilization of resources of the participating states, including any resources on hand or available from the federal government or any other source, that are essential to the safety, care and welfare of the people in the event of any emergency or disaster declared by a party state, shall be the underlying principle on which all provisions of this compact shall be understood.
(c)  On behalf of the governor of each state participating in the compact, the legally designated state official who is assigned responsibility for homeland security will be responsible for formulation of the appropriate interstate mutual aid plans and procedures necessary to implement this compact.
1913404.  Party state responsibilities.
(a)  It shall be the responsibility of each party state to formulate procedural plans and programs for interstate cooperation in the performance of the responsibilities listed in this section. In formulating the plans, and in carrying them out, the party states, insofar as practical, shall:
(i)  Review individual state hazards analyses and, to the extent reasonably possible, determine all those potential emergencies the party states might 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 and develop a plan, which will determine the mechanism for the interstate management and provision of assistance concerning any potential emergency;
(iii)  Develop interstate procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans;
(iv)  Assist in warning communities adjacent to or crossing the state boundaries;
(v)  Protect and assure uninterrupted delivery of services, medicines, water, food, energy and fuel, search and rescue, and critical lifeline equipment, services and resources, both human and material;
(vi)  Inventory and set procedures for the interstate loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness.
(b)  The authorized representative of a party state may request assistance of another party state by contacting the authorized representative of that state. The provisions of this agreement shall only apply to requests for assistance made by and to authorized representatives. Requests may be verbal or in writing. If verbal, the request shall be confirmed in writing within thirty (30) days of the verbal request. Requests shall provide the following information:
(i)  A description of the emergency service function for which assistance is needed, including but not limited to fire services, law enforcement, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services and search and rescue;
(ii)  The amount and type of personnel, equipment, materials and supplies needed and a reasonable estimate of the length of time they will be needed;
(iii)  The specific place and time for staging of the assisting party's response and a point of contact at that location.
(c)  There shall be frequent consultation between state officials who have assigned homeland security responsibilities and other appropriate representatives of the party states with affected jurisdictions and the United States government, with free exchange of information, plans and resource records relating to emergency capabilities.
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