Title 19 · WY
19-13-414 shall be known and may be cited as the "Emergency
Citation: Wyo. Stat. § 19-13-414
Section: 19-13-414
19-13-414 shall be known and may be cited as the "Emergency Management Assistance Compact."
19-13-402. 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.
19-13-403. 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.
19-13-404. 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.
19-13-405. Limitations.
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.
19-13-406. Licenses and permits. 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.
19-13-407. Liability.
Officers or employees of a party state rendering aid in another state pursuant to this compact shall be considered agents of the requesting state for tort liability and immunity purposes. Any party state or its officers or employees rendering aid in this state pursuant to this compact shall be liable for any act or omission on the part of the forces while so engaged or for the maintenance or use of any equipment or supplies in connection therewith in accordance with the provisions of the Wyoming Governmental Claims Act.
19-13-408. Supplementary agreements.
If it is probable that the pattern and detail of the machinery for mutual aid among two (2) or more states may differ from that among the states that are party hereto, this instrument contains elements of a broad base common to all states, and nothing herein contained shall preclude any state from entering into supplementary agreements with another state or affect any other agreements already in force between states. Supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel and equipment and supplies.
19-13-409. Compensation.
Each party state shall provide for the payment of compensation and death benefits to injured members of the emergency forces of that state and representatives of deceased members of the forces in case the members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within their own state. 19-13-410. Reimbursement.
Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving aid for any loss or damage to or expense incurred in the operation of any equipment and the provision of any service in answering a request for aid and for the costs incurred in connection with the requests; provided, that any aiding party state may assume in whole or in part the loss, damage, expense or other cost, or may loan the equipment or donate the services to the receiving party state without charge or cost; and provided further, that any two (2) or more party states may enter into supplementary agreements establishing a different allocation of costs among those states. Expenses under W.S. 19-13-409 shall not be reimbursable under this provision.
19-13-411. Evacuation.
Plans for the orderly evacuation and interstate reception of portions of the civilian population as the result of any emergency or disaster of sufficient proportions to so warrant, shall be worked out and maintained between the party states and the emergency management services directors of the various jurisdictions where any type of incident requiring evacuations might occur. The plans shall be put into effect by request of the state from which evacuees come and shall include the manner of transporting the evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends, and the forwarding of the evacuees to other areas or the importing of additional materials, supplies and all other relevant factors. The plans shall provide that the party state receiving evacuees and the party state from which the evacuees come shall mutually agree as to reimbursement of out-of-pocket expenses incurred in receiving and caring for the evacuees, for expenditures for transportation, food, clothing, medicines and medical care and like items. The expenditures shall be reimbursed as agreed by the party state from which the evacuees come. After the termination of the emergency or disaster, the party state from which the evacuees come shall assume the responsibility for the ultimate support of repatriation of the evacuees.
19-13-412. Implementation. (a) This compact shall become operative immediately upon its enactment into law by any two (2) states; thereafter, this compact shall become effective for any other state upon its enactment by that state.
(b) Any party state may withdraw from this compact by enacting a statute repealing the same, but no withdrawal shall take effect until thirty (30) days after the governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states. The action shall not relieve the withdrawing state from obligations assumed hereunder prior to the effective date of withdrawal.
(c) Duly authenticated copies of this compact and of supplementary agreements entered into shall, at the time of their approval, be deposited with each of the party states and with the federal department of homeland security and other appropriate agencies of the United States government.
19-13-413. Validity.
This act shall be construed to effectuate the purposes stated in W.S. 19-13-402 hereof. If any provision of this compact is declared unconstitutional, or its applicability to any person or circumstances is held invalid, the constitutionality of the remainder of this act and its applicability to other persons and circumstances shall not be affected.
19-13-414. Additional provisions.
Nothing in this compact shall authorize or permit the use of military force by the national guard of a state at any place outside that state in any emergency for which the president is authorized by law to call into federal service the militia, or for any purpose for which the use of the Army or the Air Force would in the absence of express statutory authorization be prohibited under Section 1385 of Title 18, United States Code.
ARTICLE 5 - PROTECTION OF CRITICAL INFRASTRUCTURE
19-13-501. Definitions.
(a) As used in this article:
(i) "Conveyance" means every instrument in writing by which any interest in real property is created, alienated, mortgaged, leased or assigned, or by which the title to any real property may be affected in law or in equity. "Conveyance" shall not include wills;
(ii) "Critical infrastructure" means any property, system and asset, whether physical or cyber-based, so vital to the United States or the state of Wyoming that the degradation or destruction of the property, system and asset would have a debilitating impact on national security, including national economic security and national public health or safety;
(iii) "Critical infrastructure zone" means an area of property, whether covering the surface estate, mineral estate, pore space estate or nonphysical property, designated by the governor in consultation with the director of the office of homeland security as property encompassing critical infrastructure;
(iv) "Designated country or person" means:
(A) A foreign government or foreign nongovernment person determined to be a foreign adversary by the United States secretary of commerce and specified in 15 C.F.R. 791.4(a); or
(B) A country or government designated as a state sponsor of terrorism by the United States secretary of state under the federal Export Administration Act of 1979, the Foreign Assistance Act of 1961, the Arms Export Control Act or any other provision of federal law.
(v) "Director" means the director of the office of homeland security appointed under W.S. 19-13-104;
(vi) "Critical system" means any one (1) or more of the following:
(A) A petroleum refinery;
(B) A petroleum, chemical or rubber production, transportation, storage or processing facility;
(C) A chemical manufacturing facility;
(D) A water or wastewater treatment facility and water development, distribution or conveyance system, including a dam; (E) An electric generation facility and any associated substation or switchyard;
(F) An electrical transmission or distribution substation;
(G) An electrical transmission line of not less than sixty-nine thousand (69,000) volts;
(H) An electronic communication station or tower;
(J) An energy control center;
(K) A distribution operating center;
(M) A facility that transfers or distributes natural gas, including a compressor station, regulator station, city gate station or pressure-limiting station or a liquefied natural gas facility or supplier tap facility;
(N) Any railroad infrastructure or facility;
(O) A federal, state, county, chancery or municipal court;
(P) A public safety or emergency operation facility;
(Q) A federal, state, county or municipal jail or correctional facility or any other facility where persons are incarcerated;
(R) A federal or state military installation or facility;
(S) A hospital that receives air ambulance services;
(T) Any surface, subsurface or in-situ mining or manufacturing infrastructure or facility;
(U) Any other facility or property deemed to be a critical infrastructure or critical system by the governor. (vii) "Model aircraft" means as defined in section 336 of the FAA Modernization and Reform Act of 2012, P.L. 112- 95;
(viii) "Unmanned aircraft system" means as defined by W.S. 6-5-214(a)(iii);
(ix) "Real property" means all interests in land and appurtenances, including structures, affixed thereto, and any intangible characteristic that contributes to the fair market value thereof. "Real property" includes surface interests, mineral interests and pore space interests.
19-13-502. Critical infrastructure zones; reporting of conveyances; investigations; notification; rulemaking.
(a) The governor, in consultation with the director, shall designate any property or area of property that qualifies under this article as a critical infrastructure zone. The governor and director shall identify each property designated as a critical infrastructure zone by using a legal description of the property. Any designation under this section shall be the least restrictive designation necessary to ensure the security of the critical infrastructure to be protected. The director, in consultation with the governor, may remove a designation of a critical infrastructure zone from any property. Not later than July 1, 2025 and each July 1 thereafter, the director, in consultation with the governor, shall review the designations made under this subsection to determine whether designations should be removed or amended. Any property designated as a critical infrastructure zone under this subsection shall remain designated until removed in accordance with this subsection or by order of a court.
(b) Repealed by Laws 2025, ch. 52, § 2.
(c) Within fifteen (15) days after a conveyance is recorded, the county clerk shall report the conveyance to the director and to the division of criminal investigation.
(d) Upon receiving a report from a county clerk under subsection (c) of this section, the director and the division of criminal investigation shall determine whether a conveyance is within a critical infrastructure zone or located up to five (5) miles from a critical infrastructure zone and, upon reasonable suspicion, investigate the conveyance to determine if the conveyance involves a designated country or person or if the conveyance poses a threat to national or state security or to critical infrastructure.
(e) The director, the attorney general and the division of criminal investigation may take any action authorized by law to determine the actual identity of any party to a conveyance reported under this section if the party's actual identity is not clear from the conveyance. Any investigation and information obtained during the investigation shall remain confidential and shall not be open to public inspection.
(f) The director shall promulgate any rules necessary for the designation of critical infrastructure zones in accordance with this section.
19-13-503. Unlawful operation of unmanned aircraft systems over critical infrastructure and systems prohibited; permitted actions by law enforcement.
(a) Except as provided in subsection (c) of this section, no person shall operate or use an unmanned aircraft system over or near critical infrastructure or a critical system:
(i) To intentionally photograph critical infrastructure or a critical system;
(ii) To intentionally loiter over or near critical infrastructure or a critical system;
(iii) In furtherance of any other criminal offense.
(b) Unless otherwise authorized by law, no person shall operate or use an unmanned aircraft system or model aircraft that is carrying, contains or is an explosive device over or near critical infrastructure or a critical system. This subsection shall not apply to law enforcement and the military while acting in the course of their lawful duties.
(c) This section shall not apply to:
(i) A person authorized by the federal aviation administration to operate or use an unmanned aircraft system if the person's operation or use complies with the authorization granted or with rules promulgated by the federal aviation administration; (ii) A governmental entity's use of an unmanned aircraft system owned by the governmental entity;
(iii) The use of an unmanned aircraft system by the owner or the owner's agent of critical infrastructure or a critical system on or near the owner's critical infrastructure or critical system;
(iv) The use of an unmanned aircraft system by a law enforcement agency, emergency medical service agency, hazardous materials response team, disaster management agency or other emergency management agency for the purpose of incident command, area reconnaissance, personnel and equipment deployment monitoring, training or a related purpose;
(v) The use of an unmanned aircraft system by a private landowner on property owned by the private landowner.
(d) A person who violates subsection (a) or (b) of this section is guilty of:
(i) A misdemeanor punishable by imprisonment not to exceed six (6) months, a fine not to exceed two thousand five hundred dollars ($2,500.00), or both, for a first offense;
(ii) A felony punishable by imprisonment not to exceed two (2) years, a fine not to exceed five thousand dollars ($5,000.00), or both, for a second or subsequent offense.
(e) A peace officer or law enforcement official may take or authorize the use of reasonable actions to prevent or stop the use of unmanned aircraft systems or model aircrafts operating in violation of this section. For purposes of this subsection, reasonable actions may include disabling, damaging or removing the unmanned aircraft system or model aircraft from the prohibited location.
(f) The governor may order the national guard of Wyoming to assist in taking or using reasonable actions to prevent or stop the use of unmanned aircraft systems or model aircrafts operating in violation of this section, in accordance with W.S.