37-17.2 National Guard Counter-Drug Activities Compact

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CHAPTER 37-17.2NATIONAL GUARD COUNTER-DRUG ACTIVITIES COMPACT37-17.2-01.Ratification of compact.The national guard mutual assistancecounter-drug activities compact is hereby enacted into law and entered into by this state, with all<br>other states legally joining therein, in the form substantially as follows:The contracting states solemnly agree that:ARTICLE I - PURPOSEThe purposes of this compact are to:1.Provide for mutual assistance and support among the party states in the utilization of<br>the national guard in drug interdiction, counter-drug, and demand reduction<br>activities.2.Permit the national guard of this state to enter into mutual assistance and support<br>agreements, on the basis of need, with one or more law enforcement agencies<br>operating within this state, for activities within this state, or with a national guard of<br>one or more other states, whether said activities are within or without this state in<br>order to facilitate and coordinate efficient, cooperative enforcement efforts directed<br>toward drug interdiction, counter-drug activities, and demand reduction.3.Permit the national guard of this state to act as a receiving and a responding state<br>as defined within this compact and to ensure the prompt and effective delivery of<br>national guard personnel, assets, and services to agencies or areas that are in need<br>of increased support and presence.4.Permit and encourage a high degree of flexibility in the deployment of national guard<br>forces in the interest of efficiency.5.Maximize the effectiveness of the national guard in those situations which call for its<br>utilization under this compact.6.Provide protection for the rights of national guard personnel when performing duty in<br>other states in counter-drug activities.7.Ensure uniformity of state laws in the area of national guard involvement in interstate<br>counter-drug activities by incorporating said uniform laws within the compact.ARTICLE II - ENTRY INTO FORCE AND WITHDRAWAL1.This compact enters into force when enacted into law by any two states. Thereafter,<br>this compact becomes effective as to any other state upon its enactment thereof.2.Any party state may withdraw from this compact by enacting a statute repealing the<br>same.ARTICLE III - MUTUAL ASSISTANCE AND SUPPORT1.As used in this article:a.&quot;Demand reduction&quot; means providing available national guard personnel,<br>equipment, support, and coordination to federal, state, local, and civic<br>organizations, institutions, and agencies for the purposes of the prevention of<br>drug abuse and the reduction in the demand for illegal drugs.b.&quot;Drug interdiction and counter-drug activities&quot; means the use of national guard<br>personnel, while not in federal service, in any law enforcement supportPage No. 1activities that are intended to reduce the supply or use of illegal drugs in the<br>United States. These activities are restricted to:(1)Providing information obtained during either the normal course of military<br>training operations or during counter-drug activities, to federal, state, or<br>local law enforcement officials that may be relevant to a violation of any<br>federal or state law within the jurisdiction of such officials;(2)Making available any equipment including associated supplies or spare<br>parts, base facilities, or research facilities of the national guard to any<br>federal, state, or local civilian law enforcement official for law<br>enforcement purposes, in accordance with other applicable law or<br>regulation;(3)Providing available national guard personnel to train federal, state, or<br>local civilian law enforcement in the operation and maintenance of<br>equipment, including equipment made available above, in accordance<br>with other applicable law;(4)Providing available national guard personnel to operate and maintain<br>equipment provided to federal, state, or local law enforcement officials<br>pursuant to activities defined and referred to in this compact;(5)Operation and maintenance of equipment and facilities of the national<br>guard or law enforcement agencies used for the purposes of drug<br>interdiction and counter-drug activities;(6)Providing available national guard personnel to operate equipment for<br>the detection, monitoring, and communication of the movement of air,<br>land, and sea traffic, to facilitate communications in connection with law<br>enforcement programs, to provide transportation for civilian law<br>enforcement personnel, and to operate bases of operations for civilian<br>law enforcement personnel;(7)Providing available national guard personnel, equipment, and support for<br>administrative, interpretive, or analytic purposes; and(8)Providing available national guard personnel and equipment to aid<br>federal, state, and local officials and agencies otherwise involved in the<br>prosecution of individuals processed within the criminal justice system<br>who have been arrested for criminal acts involving the use, distribution,<br>or transportation of controlled substances as defined in 21 U.S.C. 801 et<br>seq. or otherwise by law, in accordance with other applicable law.c.&quot;Law enforcement agency&quot; means a lawfully established federal, state, or local<br>public agency that is responsible for the prevention and detection of crime and<br>the enforcement of penal, traffic, regulatory, game, immigration, postal,<br>customs, or controlled substances laws.d.&quot;Mutual assistance and support agreement&quot; or &quot;agreement&quot; means an<br>agreement between the national guard of this state and one or more law<br>enforcement agencies or between the national guard of this state and the<br>national guard of one or more other states, consistent with the purposes of this<br>compact.e.&quot;Official&quot; means the appointed, elected, designated, or otherwise duly selected<br>representative of an agency, institution, or organization authorized to conduct<br>those activities for which support is requested.Page No. 2f.&quot;Party state&quot; refers to a state that has lawfully enacted this compact.g.&quot;Requesting state&quot; means that state whose governor requested assistance in<br>the area of counter-drug activities.h.&quot;Responding state&quot; means the state furnishing assistance, or requested to<br>furnish assistance, in the area of counter-drug activities.i.&quot;State&quot; means each of the several states of the United States, the District of<br>Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the<br>United States.2.Upon the request of a governor of a party state for assistance in the area of drug<br>interdiction, counter-drug, and demand reduction activities, the governor of a<br>responding state has authority under this compact to send without the borders of the<br>governor's state and place under the temporary operational control of the<br>appropriate national guard or other military authorities of the requesting state, for the<br>purposes of providing such requested assistance, all or any part of the national<br>guard forces of the governor's state as the governor may deem necessary, and the<br>exercise of the governor's discretion in this regard is conclusive.3.The governor of a party state, within the governor's discretion, may withhold the<br>national guard forces of the governor's state from such use and recall any forces or<br>part or member thereof previously deployed in a requesting state.4.The national guard of this state is hereby authorized to engage in counter-drug<br>activities and demand reduction.5.The adjutant general of this state, in order to further the purposes of this compact,<br>may enter into a mutual assistance and support agreement with one or more law<br>enforcement agencies of this state, including federal law enforcement agencies<br>operating within this state, or with the national guard of one or more other party<br>states to provide personnel, assets, and services in the area of counter-drug<br>activities, and demand reduction provided that all parties to the agreement are not<br>specifically prohibited by law to perform said activities.6.The agreement must set forth the powers, rights, and obligations of the parties to the<br>agreement, where applicable, as follows:a.Its duration;b.The organization, composition, and nature of any separate legal entity created<br>thereby;c.The purpose of the agreement;d.The manner of financing the agreement and establishing and maintaining its<br>budget;e.The method to be employed in accomplishing the partial or complete<br>termination of the agreement and for disposing of property upon such partial or<br>complete termination;f.Provision for administering the agreement, which may include creation of a joint<br>board responsible for such administration;g.The matter of acquiring, holding, and disposing of real and personal property<br>used in this agreement, if necessary;Page No. 3h.The minimum standard for national guard personnel implementing the<br>provisions of the agreement;i.The minimum insurance required of each party to the agreement, if necessary;j.The chain of command or delegation of authority to be followed by national<br>guard personnel acting under the provisions of the agreement;k.The duties and authority that the national guard personnel of each party state<br>may exercise; andl.Any other necessary and proper matters.Agreements prepared under the provisions of this statute are exempt from any state<br>law pertaining to intergovernmental agreements except an agreement with a tribal<br>government.7.As a condition precedent to an agreement becoming effective under this part, the<br>agreement must be submitted to and receive the approval of the attorney general of<br>North Dakota. The attorney general may delegate in writing approval authority to an<br>assistant attorney general or a North Dakota national guard judge advocate.a.The attorney general or the attorney general's designee shall approve an<br>agreement submitted under this part unless that person finds that it is not in<br>proper form, does not meet the requirements set forth in this part, or otherwise<br>does not conform to the laws of North Dakota. If the attorney general or the<br>attorney general's designee disapproves an agreement, that person shall<br>provide a written explanation to the adjutant general.b.If the attorney general or the attorney general's designee does not disapprove<br>an agreement within thirty days after its submission, it is considered approved<br>by the attorney general.8.Whenever national guard forces of any party state are engaged in the performance<br>of duties, in the area of drug interdiction, counter-drug, and demand reduction<br>activities, pursuant to orders, section 37-01-12 applies.ARTICLE IV - RESPONSIBILITIES1.Nothing in this compact may be construed as a waiver of any benefits, privileges,<br>immunities, or rights otherwise provided for national guard personnel performing<br>duty pursuant to title 32 of the United States Code nor may anything in this compact<br>be construed as a waiver of coverage provided for under the Federal Torts Claims<br>Act. In the event that national guard personnel performing counter-drug activities do<br>not receive rights, benefits, privileges, and immunities otherwise provided for<br>national guard personnel as stated above, the following provisions apply:a.Whenever national guard forces of any responding state are engaged in<br>another state in carrying out the purposes of this compact, the members<br>thereof so engaged have the same powers, duties, rights, privileges, and<br>immunities as members of national guard forces of the requesting state. The<br>requesting state shall save and hold members of the national guard forces of<br>responding states harmless from civil liability, except as otherwise provided<br>herein, for acts or omissions which occur in the performance of their duty while<br>engaged in carrying out the purposes of this compact, whether responding<br>forces are serving the requesting state within the borders of the requesting<br>state or are attached to the requesting state for the purposes of operational<br>control.Page No. 4b.Subject to the provisions of subdivisions c, d, and e, all liability that may arise<br>under the laws of the requesting state or the responding states, on account of<br>or in connection with a request for assistance or support must be assumed and<br>borne by the requesting state.c.Any responding state rendering aid or assistance pursuant to this compact<br>must be reimbursed by the requesting state for any loss or damage to, or<br>expense incurred in the operation of any equipment answering a request for<br>aid, and for the cost of the materials, transportation, and maintenance of<br>national guard personnel and equipment incurred in connection with such<br>request, provided that nothing herein contained shall prevent any responding<br>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<br>the same amounts and manner as if they were on duty within their state, for<br>pay and allowances of the personnel of its national guard units while engaged<br>without the state pursuant to this compact and while going to and returning from<br>such duty pursuant to this compact.e.Each party state providing for the payment of compensation and death benefits<br>to injured members and the representatives of deceased members of its<br>national guard forces in case such members sustain injuries or are killed within<br>their own state, shall provide for the payment of compensation and death<br>benefits in the same manner and on the same terms in the event such<br>members sustain injury or are killed while rendering assistance or support<br>pursuant to this compact. Such benefits and compensation must be deemed<br>items of expense reimbursable pursuant to subdivision c.2.Officers and enlisted personnel of the national guard performing duties subject to<br>proper orders pursuant to this compact are subject to and governed by the<br>provisions of their home state code of military justice whether they are performing<br>duties within or without their home state.In the event that any national guardmember commits, or is suspected of committing, a criminal offense while performing<br>duties pursuant to this compact without that member's home state, that member<br>may be returned immediately to that member's home state and said home state is<br>responsible for any disciplinary action to be taken. However, nothing in this section<br>abrogates the general criminal jurisdiction of the state in which the offense occurred.ARTICLE V - DELEGATIONNothing in this compact may be construed to prevent the governor of a party state fromdelegating any of the governor's responsibilities or authority respecting the national guard;<br>provided, that such delegation is otherwise in accordance with law.For purposes of thiscompact, however, the governor may not delegate the power to request assistance from another<br>state.ARTICLE VI - LIMITATIONSNothing in the compact:1.Authorizes or permits national guard units or personnel to be placed under the<br>operational control of any person not having the national guard rank or status<br>required by law for the command in question.2.Deprives a properly convened court of jurisdiction over an offense or a defendant<br>merely because of the fact that the national guard, while performing duties pursuant<br>to this compact, was utilized in achieving an arrest or indictment.37-17.2-02. Authorization to implement compact. The governor and adjutant generalare authorized to enter appropriate agreements and participate in drug interdiction and<br>counter-drug activities pursuant to section 37-17.2-01.Page No. 5Document Outlinechapter 37-17.2 national guard counter-drug activities compact