H*3758 Session 111 (1995-1996)
H*3758(Rat #0169, Act #0113 of 1995) General Bill, By Cotty and M.H. Kinon
Similar(S 429)
A Bill to amend Section 1-3-480, Code of Laws of South Carolina, 1976, so as
to authorize the Governor, with the consent of Congress, to enter into
compacts and agreements for the deployment of the National Guard with
Governors of other states concerning drug interdiction and related activities;
and by adding Section 1-3-490 so as to adopt the National Guard Mutual
Assistance Counterdrug Activities Compact to provide for mutual assistance and
support among the party states in the utilization of the National Guard in
drug interdiction, counterdrug activities, and demand reduction activities.
03/07/95 House Introduced and read first time HJ-3
03/07/95 House Referred to Committee on Judiciary HJ-3
04/05/95 House Committee report: Favorable Judiciary HJ-4
04/12/95 House Read second time HJ-60
04/12/95 House Unanimous consent for third reading on next
legislative day HJ-60
04/13/95 House Read third time and sent to Senate HJ-2
04/18/95 Senate Introduced and read first time SJ-25
04/18/95 Senate Referred to Committee on Judiciary SJ-25
05/03/95 Senate Committee report: Favorable with amendment
Judiciary SJ-8
05/11/95 Senate Amended SJ-42
05/11/95 Senate Read second time SJ-42
05/16/95 Senate Read third time and returned to House with
amendments SJ-13
05/17/95 House Concurred in Senate amendment and enrolled HJ-2
06/06/95 Ratified R 169
06/13/95 Became law without Governor's signature
06/13/95 See act for exception to or explanation of
effective date
08/10/95 Copies available
08/10/95 Act No. 113
(A113, R169, H3758)
AN ACT TO AMEND SECTION 1-3-480, CODE OF LAWS OF
SOUTH CAROLINA, 1976, SO AS TO AUTHORIZE THE
GOVERNOR, WITH THE CONSENT OF CONGRESS, TO ENTER
INTO COMPACTS AND AGREEMENTS FOR THE DEPLOYMENT
OF THE NATIONAL GUARD WITH GOVERNORS OF OTHER
STATES CONCERNING DRUG INTERDICTION AND RELATED
ACTIVITIES; AND BY ADDING SECTION 1-3-490 SO AS TO
ADOPT THE NATIONAL GUARD MUTUAL ASSISTANCE
COUNTERDRUG ACTIVITIES COMPACT TO PROVIDE FOR
MUTUAL ASSISTANCE AND SUPPORT AMONG THE PARTY
STATES IN THE UTILIZATION OF THE NATIONAL GUARD IN
DRUG INTERDICTION, COUNTERDRUG ACTIVITIES, AND
DEMAND REDUCTION ACTIVITIES.
Whereas, as of April 13, 1994, the states of Arizona, Florida, Louisiana,
Minnesota, Mississippi, North Dakota, South Dakota, Virginia, and
Washington have passed legislation to enact the National Guard Mutual
Assistance Counterdrug Activities Compact; and
Whereas, South Carolina also should adopt this compact; and
Whereas, congressional consent is necessary for a compact to be binding
and enforceable among the party states; and
Whereas, congressional consent may have already been granted under 4
U.S.C. Section 112. Now, therefore,
Be it enacted by the General Assembly of the State of South
Carolina:
South Carolina National Guard
SECTION 1. Section 1-3-480 of the 1976 Code, as added by Act 379 of
1992, is amended to read:
"Section 1-3-480. (A) The Governor, as Commander-in-Chief of
the organized militia of this State and in accordance with Title 32, United
States Code, Section 112, may authorize or direct the South Carolina
National Guard to assist and support federal, state, and local law
enforcement agencies in drug interdiction, counterdrug activities, and
demand reduction activities. The Governor may delegate his authority
under this section to the Adjutant General who is specifically authorized
to enter into mutual assistance and support agreements with law
enforcement agencies operating within this State for activities within this
State.
(B) The Governor, with the consent of Congress, is authorized to
enter into compacts and agreements for the deployment of the National
Guard with governors of other states concerning drug interdiction,
counterdrug activities, and demand reduction activities. To facilitate
these agreements, the General Assembly ratifies the National Guard
Mutual Assistance Counterdrug Activities Compact, codified at Section
1-3-490. Article I, Section 10 of the Constitution of the United States
permits a state to enter into a compact or agreement with another state,
subject to the consent of Congress. Congress, through enactment of 4
U.S.C. Section 112, has given its consent for states to enter such
compacts for cooperative effort and mutual assistance in the prevention
of crime."
National Guard Mutual Assistance Counterdrug Activities
Compact
SECTION 2. Chapter 3, Title 1 of the 1976 Code is amended by
adding:
"Section 1-3-490. The National Guard Mutual Assistance
Counterdrug Activities Compact is hereby enacted into law and entered
into by the State of South Carolina with all other states legally joining, in
the form substantially as follows:
THE NATIONAL GUARD MUTUAL
ASSISTANCE
COUNTERDRUG ACTIVITIES COMPACT
Article I
Purpose
The purposes of this compact are to:
(A) provide for mutual assistance and support among the party states
in the utilization of the National Guard in drug interdiction, counterdrug
activities, and demand reduction activities;
(B) permit the National Guard of this State to enter into mutual
assistance and support agreements, on the basis of need, with one or
more law enforcement agencies operating within this State, for activities
within this State, or with a National Guard of one or more other states,
whether the activities are within or outside this State in order to facilitate
and coordinate efficient, cooperative enforcement efforts directed toward
drug interdiction, counterdrug activities, and demand reduction
activities;
(C) permit the National Guard of this State to act as a receiving and a
responding state as defined within this compact and to ensure the prompt
and effective delivery of National Guard personnel, assets, and services
to agencies or areas that are in need of increased support and
presence;
(D) permit and encourage a high degree of flexibility in the
deployment of National Guard forces in the interest of efficiency;
(E) maximize the effectiveness of the National Guard in situations
which permit its utilization under this compact;
(F) provide protection for the rights of National Guard personnel
when performing duty in other states in counterdrug activities; and
(G) ensure uniformity of state laws in the area of National Guard
involvement in interstate counterdrug activities by incorporating the
uniform laws within the compact.
Article II
Entry into Force and Withdrawal
(A) This compact becomes effective when enacted by any two states.
Thereafter, this compact becomes effective as to another state upon its
enactment.
(B) A party state may withdraw from this compact by enacting a
statute repealing the compact, but no withdrawal shall take effect until
one year after the governor of the withdrawing state has given notice in
writing of the withdrawal to the governors of all other party states.
Article III
Mutual Assistance and Support
(A) As used in this article:
(1) `Drug interdiction and counterdrug activities' means the use of
National Guard personnel, while not in federal service, in law
enforcement support activities that are intended to reduce the supply or
use of illegal drugs in the United States. These activities include, but are
not limited to:
(a) providing information obtained during either the normal course
of military training or operations or during counterdrug activities to
federal, state, or local law enforcement officials that may be relevant to a
violation of a federal or state law within the jurisdiction of these
officials;
(b) making available equipment, including associated supplies or
spare parts, base facilities, or research facilities of the National Guard to
a federal, state, or local civilian law enforcement official for law
enforcement purposes, in accordance with other applicable law;
(c) providing available National Guard personnel to train federal,
state, or local civilian law enforcement in the operation and maintenance
of equipment, including equipment made available pursuant to this
provision, in accordance with other applicable law;
(d) providing available National Guard personnel to operate and
maintain equipment provided to federal, state, or local law enforcement
officials pursuant to activities defined and referred to in this compact;
(e) operation and maintenance of equipment and facilities of the
National Guard or law enforcement agencies used for the purposes of
drug interdiction and counterdrug activities;
(f) providing available National Guard personnel to operate
equipment for the detection, monitoring, and communication of the
movement of air, land, and sea traffic, to facilitate communications in
connection with law enforcement programs, to provide transportation for
civilian law enforcement personnel;
(g) providing available National Guard personnel, equipment, and
support for administrative, interpretive, analytic, or other purposes;
(h) providing available National Guard personnel and other
equipment to aid federal, state, and local officials and agencies otherwise
involved in the prosecution or incarceration of individuals processed
within the criminal justice system who have been arrested for criminal
acts involving the use, distribution, or transportation of controlled
substances as defined in 21 U.S.C. 801 et seq. or in accordance with
other applicable law.
(2) `Demand reduction' means providing available National Guard
personnel, equipment, support, and coordination to federal, state, local,
and civic organizations and agencies for the purposes of the prevention of
drug abuse and the reduction in the demand for illegal drugs.
(3) `Requesting state' means the state whose governor requested
assistance in the area of counterdrug activities.
(4) `Responding state' means the state furnishing assistance, or
requested to furnish assistance, in the area of counterdrug activities.
(5) `Law enforcement agency' means a lawfully established federal,
state, or local public agency that is responsible for the prevention and
detection of crime and the enforcement of penal, traffic, regulatory,
game, immigration, postal, customs, or controlled substances laws.
(6) `Official' means the appointed, elected, or designated
representative of an agency, institution, or organization authorized to
conduct those activities for which support is requested.
(7) `Mutual assistance and support agreement' means an agreement
between the National Guard of this State and one or more law
enforcement agencies or between the National Guard of this State and the
National Guard of one or more other states, consistent with the purposes
of this compact.
(8) `Party state' means a state that has lawfully enacted this
compact.
(9) `State' means each of the several states of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, or a territory or
possession of the United States.
(B) Upon the request of the governor of a party state for assistance in
drug interdiction, counterdrug activities, and demand reduction activities,
the governor of a responding state shall have authority under this
compact to send to a requesting state and place under the temporary
operational control of the appropriate National Guard or military
authorities of that state, for the purposes of providing the requested
assistance, all or a part of the National Guard forces of his state. The
exercise of his discretion in this regard must be conclusive.
(C) The governor of a party state may withhold the National Guard
forces of his state from deployment in a requesting state and recall the
forces deployed in a requesting state.
(D) The National Guard of this State is authorized to engage in
counterdrug activities and demand reduction activities.
(E) The Adjutant General of this State, in order to further the
purposes of this compact, may enter into a mutual assistance and support
agreement with one or more law enforcement agencies of this State, and
with the National Guard of other party states to provide personnel, assets,
and services in the area of counterdrug activities and demand reduction
activities provided that all parties to the agreement are not specifically
prohibited by law to perform these activities.
(F) The agreement must set forth the powers, rights, and obligations
of the parties to the agreement, where applicable, as follows:
(1) the duration of the agreement;
(2) the organization, composition, and nature of a separate legal
entity created by the agreement;
(3) the purpose of the agreement;
(4) the manner of financing the agreement and establishing and
maintaining the budget of the agreement;
(5) the method to be employed in accomplishing the partial or
complete termination of the agreement and for disposing of property
upon a partial or complete termination;
(6) provision for administering the agreement, which may include
creation of a joint board responsible for its administration;
(7) the manner of acquiring, holding, and disposing of real and
personal property used in the agreement;
(8) the minimum standards for National Guard personnel
implementing the provisions of this agreement;
(9) the minimum insurance required of each party to the
agreement;
(10) the chain of command or delegation of authority to be followed
by National Guard personnel acting under the provisions of the
agreement;
(11) the duties and authority that the National Guard personnel of
each party state may exercise; and
(12) other necessary and proper matters.
(G) As a condition precedent to an agreement becoming effective, the
agreement must be submitted to and receive the approval of the Office of
the Attorney General of South Carolina. The Attorney General may
delegate his approval authority to the appropriate attorney for the South
Carolina National Guard subject to those conditions which he decides are
appropriate. The delegation must be in writing and:
(1) the Attorney General, or his agent in the South Carolina
National Guard, shall approve an agreement submitted to him under this
provision unless he finds that it is not in proper form, does not meet the
requirements set forth in this provision, or does not conform to the laws
of South Carolina. If the Attorney General disapproves an agreement, he
shall provide a written explanation to the Adjutant General of the
National Guard;
(2) if the Attorney General, or his authorized agent, approves an
agreement within thirty days after its submission to him, it is considered
approved by him;
(3) whenever National Guard forces of a party state are engaged in
drug interdiction, counterdrug activities, and demand reduction activities,
they personally must not be held liable for an act or omission which
occurs during the performance of their duty.
Article IV
Responsibilities
(A) Nothing in this compact may be construed as a waiver of benefits,
privileges, immunities, or rights provided for National Guard personnel
performing duty pursuant to Title 32 of the United States Code, nor shall
anything in this compact be construed as a waiver of coverage provided
for under the Federal Tort Claims Act. If National Guard personnel
performing counterdrug activities do not receive rights, benefits,
privileges, and immunities provided for National Guard personnel
provided in this section, then the following provisions apply:
(1) Whenever National Guard forces of a responding state are
engaged in another state in carrying out the purposes of this compact, the
members engaged shall have the same powers, duties, rights, privileges,
and immunities as members of the National Guard forces of the
requesting state. The requesting state shall save and hold members of the
National Guard forces of the responding state harmless from civil liability
for acts or omissions which occur in the performance of their duty while
engaged in carrying out the purposes of this compact, whether responding
forces are serving the requesting state within the borders of the
responding state or are attached to the requesting state for purposes of
operational control.
(2) Subject to the provisions of items (3), (4), and (5) of this
subsection, liability that may arise under the laws of the requesting state
or the responding states, on account of or in connection with a request
for assistance or support, must be assumed and borne by the requesting
state.
(3) A requesting state rendering aid or assistance pursuant to this
compact must be reimbursed by the requesting state for loss or damage
to, or expense incurred in the operation of, equipment answering a
request for aid, and for the cost of the materials, transportation, and
maintenance of National Guard personnel and equipment incurred in
connection with the request, provided that nothing contained in this
provision prevents a responding state from assuming the loss, damage,
expense, or other cost.
(4) Unless there is a written agreement to the contrary, each party
shall provide, in the same amounts and manner as if they were on duty
within their state, for pay and allowances of the personnel of its National
Guard units while engaged in another state pursuant to this compact and
while going to and returning from duty pursuant to this compact.
(5) Each party state providing the payment of compensation and
death benefits to injured members and the representatives of deceased
members of its National Guard forces in case the members sustain
injuries or are killed within their own state shall provide for the payment
of compensation and death benefits in the same manner and on the same
terms in the event the members sustain injury or are killed while
rendering assistance or support pursuant to this compact. These benefits
and compensation are expense items reimbursable pursuant to item (3) of
this subsection.
(B) Officers and enlisted personnel of the National Guard performing
duties pursuant to this compact must be subject to and governed by the
provisions of their home state's Code of Military Justice whether they are
performing duties within or outside their home state. If a National Guard
member commits, or is suspected of committing, a criminal offense while
performing duties pursuant to this compact outside his home state, he
may be returned immediately to his home state and that state must be
responsible for disciplinary action. However, nothing in this section
abrogates the general criminal jurisdiction of the state in which the
offense occurred.
Article V
Delegation
Nothing in this compact must be construed to prevent the governor of
a party state from delegating his responsibilities or authority respecting
the National Guard, provided that this delegation is in accordance with
law. For purposes of this compact, however, the Governor shall not
delegate the power to request assistance from another state.
Article VI
Limitations
Nothing in this compact shall:
(1) authorize or permit National Guard units or personnel to be placed
under the operational control of a person not having the National Guard
rank or status required by law for the command in question; or
(2) deprive a properly convened court of jurisdiction over an offense
or a defendant because the National Guard, while performing duties
pursuant to this compact, was utilized in achieving an arrest or
indictment.
Article VII
Construction and Severability
This compact must be liberally construed to effectuate its purpose. The
provisions of this compact are severable and if a phrase, clause, sentence,
or provision of this compact is declared to be contrary to the Constitution
of the United States or of a state or its applicability to any government,
agency, person, or circumstance is held invalid, the validity of the
remainder of this compact and its applicability to any government,
agency, person, or circumstance must not be affected. If this compact is
held contrary to the Constitution of a participating state, the compact
shall remain in full force and effect upon the remaining party state and in
full force and effect upon the state affected as to all severable
matters."
Time effective
SECTION 3. The General Assembly finds that congressional consent for
the compact may already be in place under 4 U.S.C. Section 112.
However, if no consent has been given under 4 U.S.C. Section 112, this
compact must not be of force and effect until congressional consent is
given.
Became law without the signature of the Governor -- 6/13/95. |