28-402. Intergovernmental agreements; ports of entry

A. The department may enter into intergovernmental agreements with adjoining states pursuant to title 11, chapter 7, article 3 for the purpose of operating facilities at ports of entry into this state.

B. The director may negotiate and enter into bilateral agreements with designated representatives of contiguous states to provide for the staffing and operation of jointly occupied ports of entry located within the boundaries of this state or an adjoining state. The agreement may allow employees of either state to collect fees, taxes and penalties imposed by rules or laws of either state for the operation of vehicles on the highways of either state and for the issuance of required permits.

C. The director may appoint employees of the adjoining state as law enforcement agents of the department whose powers are strictly limited to the enforcement of tax, weight, size and load, equipment, safety and financial responsibility laws and rules of this state relating to vehicles entering or exiting this state. The director may allow employees of the department to accept similar appointments with the adjoining states.

D. The agreement shall provide that this state shall not compensate an employee of the adjoining state appointed pursuant to this section and that the employee is not an employee of this state for purposes of employment rights or benefits. An employee of the adjoining state shall agree that this state shall not compensate the employee and that the employee is not an employee of this state for purposes of employment rights or benefits.

E. An employee of this state who accepts an appointment from an adjoining state is not an employee of that state by virtue of the appointment or for purposes of employment rights or benefits. The employee shall not receive compensation from an adjoining state.