19-12-107. Jurors of court-martial deemed on duty; pay and
allowances; witnesses subject to subpoena; witness fees and allowances.
(a) Jurors of a court-martial and members of the Wyoming national guard ordered to appear before a court-martial or other court, and members of the Wyoming national guard tried by court-martial or other courts and acquitted, shall be deemed on duty by order of the governor and shall receive the same pay and allowances as provided for members of the Wyoming national guard when in service by order of the governor.
(b) Witnesses other than members of the Wyoming national guard are subject to subpoena by a court-martial and shall receive the same fees and allowances as provided for witnesses before the district courts of this state.
(a) Where punishment by a court-martial is imprisonment for one (1) year or less, confinement shall be in the county jail of the county wherein the court is convened. The sheriff shall accept the prisoner upon receipt of written order promulgating the sentence of the court.
(b) Where punishment by a court-martial is imprisonment for more than one (1) year, the prisoner shall be remanded to the custody of the department of corrections in the same manner as civilians convicted of criminal offenses classified as a felony.
(c) Fines imposed by a court-martial, at the option of the president of the court-martial or the summary court officer, may be collected in the following manner:
(i) By forfeiture of pay or allowances, or both, due or to become due from the state or the United States;
(ii) By immediate payment of the fine in full, in cash, to the deputy director of the Wyoming military department to be paid into the state treasury; or
(iii) Upon failure of the convicted person to forthwith pay the fine in cash when so ordered, by the commitment of the person to the county jail of the county wherein the court is held for five (5) days. If the fine remains unpaid sixty (60) days after release, the convicted person shall be again committed to the county jail of the county wherein the court is held for an additional five (5) days.
19-12-109. Immunity of national guard member; commission of felony or lesser crime by such member.
(a) Repealed by Laws 2021, ch. 159, § 2.
(b) When any crime against the laws of Wyoming or any political subdivision thereof is alleged to have been committed by any member of the Wyoming national guard, upon presentation of the proper warrant he shall be apprehended by military authorities and surrendered to the proper civil authorities of the county wherein the warrant was issued.
(c) Repealed by Laws 2021, ch. 159, § 2.
(d) Nothing herein grants immunity from service of warrants issued upon a charge or complaint alleging the violation of one (1) or more of the offenses set forth in W.S. 19-12-110 nor shall any such immunity prevent prosecution of a member of the Wyoming national guard by the proper authorities at any time after termination of the period of any duty status for which the immunity was effective.
(e) No member of the Wyoming national guard shall be held to answer for a criminal offense in both civilian courts and the military courts of this state. The decision as to under which justice system a member is held to answer is left to the discretion of the prosecuting attorney for the county in which the offense is alleged to have occurred and the state judge advocate. An impasse in this decision shall be referred to the district court judge for resolution. The decision of the district court judge is final.
19-12-110. Trial and punishment for certain offenses by members of national guard in state courts.
(a) Members of the Wyoming national guard charged with the following offenses may be tried and punished as herein provided:
(i) Any member of the Wyoming national guard who is tried and found guilty of the offense of using contemptuous words against the president, vice-president, a member of congress, the secretary of defense, a secretary of a department, a governor or a member of a legislature of any state, territory or other possession of the United States in which the member is on duty or present shall be punished by a fine of not more than seven hundred fifty dollars ($750.00), imprisonment in the county jail for a term not to exceed six (6) months, or both. Upon a second or subsequent conviction under this paragraph the member shall be fined not less than two hundred fifty dollars ($250.00) nor more than one thousand dollars ($1,000.00) to which may be added imprisonment in the county jail for a term not to exceed six (6) months. The fine and sentence on a second or subsequent conviction shall not be suspended;
(ii) Repealed by Laws 2021, ch. 159, § 2.
(iii) Repealed by Laws 2021, ch. 159, § 2.
(iv) Repealed by Laws 2021, ch. 159, § 2.
(v) Repealed by Laws 2021, ch. 159, § 2.
(vi) Repealed by Laws 2021, ch. 159, § 2.
(vii) Repealed by Laws 2021, ch. 159, § 2.
(viii) Repealed by Laws 2021, ch. 159, § 2.
(ix) Repealed by Laws 2021, ch. 159, § 2.
(x) Repealed by Laws 2021, ch. 159, § 2.
(xi) Repealed by Laws 2021, ch. 159, § 2.
(xii) Repealed by Laws 2021, ch. 159, § 2.
(xiii) Repealed by Laws 2021, ch. 159, § 2.
(xiv) Repealed by Laws 2021, ch. 159, § 2.
(xv) Repealed by Laws 2021, ch. 159, § 2.
(xvi) Repealed by Laws 2021, ch. 159, § 2.
(xvii) Any member of the Wyoming national guard who resists or aids in resisting the execution of lawful process in any area declared to be in a state of actual or threatened insurrection, or who aids or attempts the rescue or escape of another from lawful custody or confinement, or who resists or aids in resisting any force ordered out by the governor to execute the laws, to suppress actual or prevent threatened insurrection or to repel invasion is guilty of a felony punishable by imprisonment in the state penitentiary for not less than one (1) year nor more than ten (10) years.
(b) Repealed by Laws 2021, ch. 159, § 2.
(c) Repealed by Laws 2021, ch. 159, § 2.
(d) Any commanding officer of the Wyoming national guard may impose administrative, nonjudicial punishment as described and set forth in article 15 of the Uniform Code of Military Justice and in accordance with the procedure therein set forth except as superseded by rules promulgated under this article unless the accused demands trial by court-martial.
(e) Repealed by Laws 2021, ch. 159, § 2.
(f) Repealed by Laws 2021, ch. 159, § 2.
(a) As used in this act:
(i) "County or county-city program" means a program created in accordance with the provisions of this act by the state or a political subdivision to perform local homeland security functions;
(ii) "Homeland security" means the preparation for and the carrying out of all emergency functions essential to the recovery and restoration of the economy by supply and resupply of resources to meet urgent survival and military needs, other than functions for which armed forces are primarily responsible, necessary to deal with disasters caused by enemy attack, sabotage, terrorism, civil disorder or other hostile action, or by fire, flood, earthquake, other natural causes and other technological, industrial, civil and political events. These functions include without limitation the coordination of fire-fighting services, police services, medical and health services, rescue, engineering, attack warning services, communications, radiological events, evacuation of persons from stricken areas, emergency welfare services (civilian war aid), emergency transportation, existing or properly assigned functions of plant protection, temporary restoration of public utility services, mitigation activities in areas threatened by natural or technological hazards, and other functions related to civilian protection, together with all other activities necessary or incidental to the preparation for any carrying out of the foregoing functions;
(iii) "Emergency support task force" means a homeland security organization created in accordance with the provisions of this act by the state or a political subdivision to supplement homeland security programs in a stricken area;
(iv) "Political subdivision" means an incorporated community or a county in Wyoming;
(v) "Director" means the director of the department of homeland security appointed pursuant to W.S. 19-13-104;
(vi) "Public safety agencies" means any federal, state or political subdivision entity that provides emergency and public safety services, including state agencies employing peace officers enumerated in W.S. 6-1-104(a)(vi)(C) through (F) and approved for participation by the commission, fire management services, correctional services, homeland security, emergency and disaster relief services and if desired by county, municipal and federal law enforcement agencies;
(vii) "Ammunition" means a cartridge, shell or other device containing explosive or incendiary material designed and intended for use in a firearm;
(viii) "Firearm" means any weapon which will or is designed to expel any projectile by the action of an explosive.
19-13-103. Legislative determination; coordination with federal government and other states.
(a) Because of the possibility of the occurrence of disasters of unprecedented size and destructiveness resulting from enemy attack, sabotage, terrorism, civil disorder or other hostile action, or from fire, flood, earthquake, other natural causes and other technological disasters, and to insure that preparations of Wyoming will be adequate to deal with such disasters, and generally to provide for the common defense and to protect the public peace, health and safety, and to preserve the lives and property of the people of Wyoming, it is hereby found and declared to be necessary:
(i) To create a Wyoming department of homeland security, and to authorize the creation of local homeland security programs in the political subdivisions of the state;
(ii) To confer upon the governor and upon the executive heads or governing bodies of the political subdivisions of the state the emergency powers provided herein, and to provide for state assistance in the organization and maintenance of the homeland security programs of such political subdivisions;
(iii) To provide for the assignment of specific responsibilities to all state agencies to be performed during a disaster or national emergency and for the coordination and direction of the emergency actions of such agencies; and
(iv) To provide for the rendering of mutual aid among the political subdivisions of the state and with other states with respect to the carrying out of homeland security functions.
(b) It is further declared to be the purpose of this act and the policy of Wyoming that all homeland security functions of this state be coordinated to the maximum extent with the comparable functions of its political subdivisions, of the federal government including its various departments and agencies, of other states and localities, and of private agencies of every type, to the end that the most effective preparation and use may be made of the manpower, resources and facilities for dealing with any disaster that may occur.
19-13-104. Powers of governor generally; director, department of homeland security.
(a) The governor and, if delegated under this subsection, the director are responsible for the carrying out of the provisions of this act, and in the event of disaster beyond local control, the governor may assume direct operational control over all or any part of the homeland security functions within Wyoming. The governor may delegate any powers specified in this section to the director established under subsection (d) of this section, or through the director to the deputy director to carry out this act.
(b) In performing his duties under this act, the governor may cooperate with the federal government, with other states and with private agencies in all matters pertaining to the disaster relief and homeland security of this state and of the nation.
(c) In performing his duties under this act, the governor may:
(i) Make, amend and rescind the necessary orders, rules and regulations to carry out this act within the limits of the authority conferred upon him herein, with due consideration of the plans of the federal government. The governor may assign to a state agency any activity concerned with the mitigation of the effects of a disaster or national emergency of a nature related to the existing powers and duties of the agency, including interstate activities, and the agency shall undertake and carry out the activity on behalf of the state;
(ii) Prepare a comprehensive homeland security plan and program for this state to be integrated into and coordinated with the homeland security plans of the federal government and of other states to the fullest possible extent, and coordinate the preparation of plans and programs for homeland security by the political subdivisions of this state to be integrated into and coordinated with the homeland security plan and program of this state to the fullest possible extent;
(iii) In accordance with the homeland security plan and program for this state, procure supplies and equipment, institute training programs and public information programs and take all other preparatory steps including the partial or full mobilization of homeland security organizations in advance of actual disaster, to insure the furnishing of adequately trained and equipped forces of homeland security personnel in time of need;
(iv) Make such studies and surveys of the industries, resources and facilities in this state as necessary to ascertain the capabilities of the state and its political subdivisions for meeting homeland security requirements, and to plan for the most efficient emergency use therefor;
(v) On behalf of this state, enter into interstate mutual aid and international compacts with other states and foreign countries or subdivisions thereof and coordinate mutual-aid plans between political subdivisions of this state;
(vi) Delegate any administrative authority vested in him under this act, provide for the subdelegation of any such authority and appoint, in cooperation with local authorities, political subdivision coordinators.
(d) The position of the director of the department of homeland security is created and shall be appointed by the governor. The director may be removed by the governor as provided in W.S. 9-1-202. The director shall:
(i) Supervise the Wyoming department of homeland security;
(ii) Provide technical assistance to public safety agencies in the area of homeland security;
(iii) Coordinate with the federal department of homeland security;
(iv) Perform other duties assigned by the governor for homeland security;
(v) Repealed by Laws 2017, ch. 17, § 2.
(vi) Consult the governor and assist the attorney general and division of criminal investigation on the designation of critical infrastructure zones and the investigation and identification of conveyances, as defined by W.S. 19-13-501(a)(i), located up to five (5) miles from critical infrastructure zones as disclosed by the recordings reported by county clerks in accordance with W.S. 19-13-501 and 19-13-502;
(vii) Prepare and submit a budget for the department of homeland security in accordance with W.S. 9-2-1010 through 9-2-1014.3.
(e) With the exception of regulating governmental entities who engage in the activities described in this section or who operate an indoor or outdoor shooting range, nothing in this chapter shall be construed to confer upon the governor, the director, the executive heads or governing bodies of the political subdivisions of the state, sheriffs, chiefs of police or any employee or agent of the state or any governmental unit within the state the power to:
(i) Confiscate a firearm from a person, unless:
(A) The person is in unlawful possession of the firearm as provided in title 6 of the Wyoming statutes;
(B) The person is unlawfully carrying the firearm as provided in title 6 of the Wyoming statutes; or
(C) The firearm is confiscated by a peace officer who is acting in the lawful discharge of his duties and under the reasonable belief that the confiscation is necessary for the protection of the peace officer, the person carrying the firearm or a third party. The peace officer shall return the firearm to the person before discharging the person unless the officer arrests that person for engaging in criminal activity or seizes the firearm as evidence pursuant to an investigation for the commission of a crime.
(ii) Impose additional restrictions as to the lawful possession, permitting, transfer, sale, carrying, storage, display or use of:
(A) Firearms or other personal weapons;
(B) Ammunition; or
(C) Components of firearms, personal weapons or ammunition.
(iii) Close or limit the operating hours of any person or entity engaged in the lawful selling or servicing of any firearm, ammunition or other personal weapon, or any component thereof, unless the closing or limitation of operating hours applies equally to all forms of commerce within the jurisdiction of the state, political subdivision or governmental entity;
(iv) Close or limit the operating hours of any indoor or outdoor shooting range;
(v) Place restrictions or quantity limitations on any entity regarding the lawful sale or servicing of any firearm, ammunition or personal weapon, or any component thereof;
(vi) Suspend or revoke a permit to carry a concealed weapon issued pursuant to W.S. 6-8-104, unless the suspension or revocation is authorized and completed pursuant to W.S. 6-8-104.
(a) The department of homeland security is created. The director shall appoint a deputy director of the department of homeland security, with the approval of the governor. The director may appoint assistants as may be necessary. The director and the director's assistants shall be compensated in an amount to be determined and fixed by the human resources division of the department of administration and information. The deputy director shall serve at the pleasure of the director.
(b) The director may employ technical, clerical, stenographic and other personnel and make expenditures within the appropriations or from other funds made available to the director for purposes of homeland security as necessary to carry out this act. The director shall be provided with necessary and appropriate office space, furniture, equipment, stationery and printing in the same manner as for personnel of other state agencies.
(c) The director is the administrative head of the Wyoming department of homeland security. In addition to the duties described in W.S. 19-13-104(d), the director:
(i) Shall be responsible, in consultation with the governor and in accordance with this act, for the implementation of the state program for homeland security for Wyoming;
(ii) Shall assist the local authorities and organizations in the planning and development of local homeland security plans and programs;
(iii) Shall coordinate the activities of all organizations for homeland security within the state, including all state departments;
(iv) Shall maintain liaison with and cooperate with homeland security agencies and programs of other states and of the federal government;
(v) Shall have additional authority, duties and responsibilities authorized by this act as may be prescribed by the governor or the director;
(vi) May prescribe reasonable qualifications for officers and employees of local programs and reasonable regulations for the administration of local programs; and
(vii) Shall assist and coordinate with local, state, tribal and federal law enforcement agencies to employ the integrated public alert and warning system or successor system to notify residents of imminent threat by natural disaster or manmade event or to aid in the safe recovery of missing or endangered persons, which adheres to United States department of justice criteria. The director shall also assist local, state, tribal and federal law enforcement agencies integrate additional missing persons alert communications networks that enable and help facilitate search efforts for an adult at risk or other missing person of an age, needs or circumstances that may fall outside the scope of the America's missing: broadcast emergency response alert criteria. As used in this paragraph "adult at risk" means an adult who has a developmental disability, who suffers from Alzheimer's disease or dementia, or who suffers from or could, without access to medication, suffer from cognitive impairment if the impairment would likely render the adult incapable of getting to a familiar location without assistance.
(d) The deputy director shall perform duties as assigned by the director and, in the absence of the director, is the head of the Wyoming department of homeland security.
(e) The department of homeland security may receive and share criminal identification, intelligence and criminal history information available to law enforcement agencies for the purposes provided by W.S. 19-13-103.
(a) The governor or his duly authorized representative and the governing bodies of political subdivisions may create and establish such number of emergency support task forces as necessary to reinforce homeland security programs in stricken areas with due consideration of the plans of the federal government and of other states. The governor or governing body of the political subdivision shall appoint for each unit a coordinator who has primary responsibility for the organization, administration and operation of the unit. Emergency support task forces shall be activated upon orders of the governor or governing body of the political subdivisions and shall perform their functions in any part of the state, or upon conditions specified in this section, in other states. The governor may remove any emergency support task force member he appoints as provided in W.S. 9-1-202.
(b) Personnel of emergency support task forces while on duty, whether within or without the state, under orders of the governor shall be paid as follows:
(i) If they are employees of the state or a political subdivision of the state, they shall continue to be paid by their employers and receive the same pay and have the same powers, duties, rights, privileges and immunities, including their rights under the Wyoming Worker's Compensation Act incident to employment;
(ii) Personnel of emergency support task forces who are not employees of the state or a political subdivision thereof, while on duty, whether within or without the state, shall be paid the current rate established by the United States department of labor in its area wage determination scale for skilled, semiskilled and unskilled workers. The wage determination shall be based upon that normally established and obtained through the office of the district engineer, corps of engineers, Omaha, Nebraska, as determined in the particular area of the state wherein the work is being or to be performed. Acceptance by the proper hiring authority of any volunteer and his services will constitute qualification of his skill and craft as set out in the wage determination scale, and the volunteer is entitled to the same rights and immunities as are provided by law for the employees of the state. In the event of injury, disability or death, such personnel shall be entitled to compensation at the same rates as provided by the Wyoming Worker's Compensation Act for like injuries, disabilities or death.
19-13-108. Local programs; authorized; local homeland security plan; coordinators; appointment and removal.
Each political subdivision of this state shall establish a local homeland security program in accordance with the state homeland security plan and program. Each political subdivision through the homeland security program will cause to be prepared a local homeland security plan which will include actions essential to the recovery and restoration of the economy by supply and resupply of resources to meet urgent survival and military needs and to provide for the ongoing management of resources available to meet continuing survival and recovery needs. Each local homeland security plan shall require coordination with each certified water and wastewater operator necessary to provide emergency and public safety services for homeland security. Each local homeland security program shall have a coordinator appointed by the governor upon the recommendation of the local jurisdiction. The coordinator has direct responsibility for the organization, administration and operation of the local homeland security program subject to the direction and control of the local jurisdiction under the general direction of the governor. The governor may remove any coordinator as provided in W.S. 9-1-202.
19-13-109. Local programs; reciprocal and mutual aid.
(a) The local coordinators in collaboration with other public and private agencies within this state will develop or cause to be developed mutual aid arrangements for reciprocal homeland security aid and assistance in case of disaster of extreme nature which affects two (2) or more political subdivisions or is too great to be dealt with unassisted. The arrangements shall be consistent with the state homeland security plan and program, and in time of emergency each local homeland security program shall render assistance in accordance with the provisions of the mutual aid arrangements.
(b) The coordinator of each local homeland security program with the approval of the governor, may enter into mutual aid arrangements with homeland security agencies or organizations in other states for reciprocal emergency aid and assistance in case of disaster too great to be dealt with unassisted.
19-13-110. Funds, supplies and equipment; generally.
(a) Each political subdivision may make appropriations for the payment of expenses of its local homeland security programs.
(b) Whenever the federal government or any agency or officer thereof or any person, firm or corporation shall offer to the state or to any political subdivision thereof services, equipment, supplies, materials or funds by way of gift, grant or loan for purposes of disaster relief or homeland security, the state acting through the governor, or the political subdivision acting with the consent of the governor and through its executive officer or governing body, may accept the offer. Upon acceptance the governor of the state or executive officer or governing body of the political subdivision may authorize any officer of the state or of the political subdivision to receive the services, equipment, supplies, materials or funds on behalf of the state or the political subdivisions. This authority will include participation in the federal surplus property program. All funds received from the federal government or any agency thereof shall be deposited in an appropriate separate account together with funds appropriated by a political subdivision, and expenditures from the account shall be made only upon authority of the local governing body and only for the purposes specified in this act.
(c) The board of county commissioners in any county may levy a tax for the support and maintenance of county, city, town, county-city or county-town homeland security programs.
19-13-111. 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.
19-13-112. 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.
19-13-113. 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. 19-13-101 through 19-13-116, 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. 19-13-101 through 19-13-116, 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 part-time 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 department 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.
19-13-114. 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."
19-13-115. 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.
19-13-116. 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.
19-13-117. Lifesaver programs; process for grants; administration; account established; rules; grant criteria.
(a) The department 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 department 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 department 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 department of homeland security shall provide grants, subject to the following:
(i) Grants to any one (1) county shall not exceed twenty-five thousand dollars ($25,000.00) of state funds in any calendar year;
(ii) The director of the department 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 department 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 department of homeland security for the purpose of providing grants under this section.
(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. 19-13-201 through 19-13-210.
19-13-203. 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.
(a) The agreement authorized by W.S. 19-13-203 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.
19-13-205. 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.
(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.
19-13-207. 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.
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.
19-13-209. 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.
19-13-210. 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.
19-13-301. Search and rescue account; created; expenditures.
(a) The search and rescue account is created. Fees identified in W.S. 23-2-101, 23-2-201, 31-2-234, 31-2-404, 31-2-409, 31-2-703, 41-13-109 and 41-13-110 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 department of homeland security to reimburse counties for costs directly incurred in a specific search and rescue operation, subject to W.S. 19-13-302 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 department 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.
(d) The state treasurer is hereby authorized and directed to receive and credit to the search and rescue account any grant, donation or bequest that is made to the search and rescue account for the purposes provided by W.S. 31-2-234. The state treasurer shall invest any money received under this subsection in accordance with law and the investment earnings received thereon shall be deposited into the search and rescue account.
19-13-302. 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 department of homeland security. Upon receipt, the Wyoming department 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 department of homeland security shall prorate reimbursement among all approved claims. Payments authorized through the Wyoming department 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 of the Wyoming department of homeland security or the director's designee.
(c) Repealed By Laws 2001, Ch. 146, § 3.
19-13-303. 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 department of homeland security, or the director's 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. 9-1-202.
(c) Members shall serve without compensation but shall receive mileage and per diem as provided for state employees under W.S. 9-3-102 and 9-3-103.
(d) The council shall adopt rules and regulations as necessary to administer this article.
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. 19-13-401 through 19-13-414 shall be known and may be cited as the "Emergency Management Assistance Compact."
(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.
(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.
(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.
Any party state requested to render mutual aid or conduct exercises and training for mutual aid shall take the action necessary to provide and make available the resources covered by this compact in accordance with the terms hereof; provided that it is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for that state. Each party state shall afford to the emergency forces of any party state, while operating within its state limits under the terms and conditions of this compact, the same powers (except that of arrest unless specifically authorized by the receiving state), duties, rights and privileges afforded forces of the state in which they are performing emergency services. Emergency forces will continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the emergency services authorities of the state receiving assistance. These conditions may be activated, as needed, only subsequent to a declaration of a state of emergency or disaster by the governor of the party state that is to receive assistance or commencement of exercises or training for mutual aid and shall continue so long as the exercises or training for mutual aid are in progress, the state of emergency or disaster remains in effect or loaned resources remain in an official capacity in the receiving state, whichever is longer.
Whenever any person holds a license, certificate or other permit issued by any state party to the compact evidencing the meeting of qualifications for professional, mechanical or other skills, and when assistance is requested by the receiving party state, the person shall be deemed licensed, certified or permitted by the state requesting assistance to render aid involving the skill to meet a declared emergency or disaster, subject to limitations and conditions the governor of the requesting state may prescribe by executive order or otherwise.