§ 32-597 — Construction and severability

A. The compact and the commission's rulemaking authority shall be liberally construed to effectuate the purposes, implementation and administration of this compact. Provisions of this compact expressly authorizing or requiring the adoption of rules do not limit the commission's rulemaking authority solely for those purposes.

B. The provisions of this compact are severable, and if any phrase, clause, sentence or provision of this compact is held by a court of competent jurisdiction to be contrary to the constitution of any member state, of a state seeking participation in this compact or of the United States, or the applicability to any government, agency, person or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this compact and the applicability to any other government, agency, person or circumstance is not affected.

C. Notwithstanding subsection B of this section, the commission may deny a state's participation in the compact or, in accordance with section 32-595, may terminate a member state's participation in the compact if the commission determines that a constitutional requirement of a member state is a material departure from this compact. Otherwise, if this compact is held to be contrary to the constitution of any member state, this compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.