§ 24-60-2802 — Execution of compact

Colorado § 24-60-2802

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Interstate Compacts and Agreements

Text

The general assembly hereby approves
and the governor is authorized to enter into a compact on behalf of this state with
any other state or states legally joining therein in the form substantially as follows:

ARTICLE I

PURPOSE

(a) The compacting states to this interstate compact recognize that each
state is responsible for the supervision of adult offenders in the community who are
authorized pursuant to the by-laws and rules of this compact to travel across state
lines both to and from each compacting state in such a manner as to track the
location of offenders, transfer supervision authority in an orderly and efficient
manner, and, when necessary, return offenders to the originating jurisdictions. The
compacting states also recognize that Congress, by enacting the Crime Control
Act, 4 U.S.C. sec. 112 (1965), has authorized and encouraged compacts for
cooperative efforts and mutual assistance in the prevention of crime.

(b) It is the purpose of this compact and the interstate commission created
hereunder, through means of joint and cooperative action among the compacting
states: To provide the framework for the promotion of public safety and protect the
rights of victims through the control and regulation of the interstate movement of
offenders in the community; to provide for the effective tracking, supervision, and
rehabilitation of these offenders by the sending and receiving states; and to
equitably distribute the costs, benefits, and obligations of the compact among the
compacting states.

(c) In addition, this compact will: Create an interstate commission that will
establish uniform procedures to manage the movement between states of adults
placed under community supervision and released to the community under the
jurisdiction of courts, paroling authorities, corrections, or other criminal justice
agencies which will promulgate rules to achieve the purpose of this compact;
ensure an opportunity for input and timely notice to victims and to jurisdictions
where defined offenders are authorized to travel or to relocate across state lines;
establish a system of uniform data collection, access to information on active cases
by authorized criminal justice officials, and regular reporting of compact activities
to heads of state councils, state executive, judicial, and legislative branches and
criminal justice administrators; monitor compliance with rules governing interstate
movement of offenders and initiate interventions to address and correct
noncompliance; and coordinate training and education regarding regulations of
interstate movement of offenders for officials involved in such activity.

(d) The compacting states recognize that there is no right of any offender to
live in another state and that duly accredited officers of a sending state may at all
times enter a receiving state and there apprehend and retake any offender under
supervision subject to the provisions of this compact and by-laws and rules
promulgated hereunder. It is the policy of the compacting states that the activities
conducted by the interstate commission created herein are the formation of public
policies and are therefore public business.

ARTICLE II

DEFINITIONS

(a) As used in this compact, unless the context clearly requires a different
construction:

(1) Adult means both individuals legally classified as adults and juveniles
treated as adults by court order, statute, or operation of law.

(2) By-laws means those by-laws established by the interstate commission
for its governance or for directing or controlling the interstate commission's actions
or conduct.

(3) Compact administrator means the individual in each compacting state
appointed pursuant to the terms of this compact responsible for the administration
and management of the state's supervision and transfer of offenders subject to the
terms of this compact, the rules adopted by the interstate commission, and policies
adopted by the state council under this compact.

(4) Compacting state means any state that has enacted the enabling
legislation for this compact.

(5) Commissioner means the voting representative of each compacting
state appointed pursuant to Article III of this compact.

(6) Interstate commission means the interstate commission for adult
offender supervision established by this compact.

(7) Member means the commissioner of a compacting state or designee,
who shall be a person officially connected with the commissioner.

(8) Non-compacting state means any state that has not enacted the
enabling legislation for this compact.

(9) Offender means an adult placed under, or subject to, supervision as the
result of the commission of a criminal offense and released to the community under
the jurisdiction of courts, paroling authorities, corrections, or other criminal justice
agencies.

(10) Person means any individual, corporation, business enterprise, or other
legal entity, either public or private.

(11) Rules means acts of the interstate commission, duly promulgated
pursuant to Article VIII of this compact, substantially affecting interested parties in
addition to the interstate commission, which shall have the force and effect of law
in the compacting states.

(12) State means a state of the United States, the District of Columbia, and
any other territorial possessions of the United States.

(13) State council means the resident members of the state council for
interstate adult offender supervision created by each state under Article IV of this
compact.

ARTICLE III

THE COMPACT COMMISSION

(a) The compacting states hereby create the interstate commission for adult
offender supervision. The interstate commission shall be a body corporate and a
joint agency of the compacting states. The interstate commission shall have all the
responsibilities, powers, and duties set forth herein, including the power to sue and
be sued, and such additional powers as may be conferred upon it by subsequent
action of the respective legislatures of the compacting states in accordance with
the terms of this compact.

(b) The interstate commission shall consist of commissioners selected and
appointed by resident members of a state council for interstate adult offender
supervision for each state. In addition to the commissioners who are the voting
representatives of each state, the interstate commission shall include individuals
who are not commissioners but who are members of interested organizations. Such
non-commissioner members shall include a member of the national organizations of
governors, legislators, state chief justices, attorneys general, and crime victims. All
non-commissioner members of the interstate commission shall be ex-officio
(nonvoting) members. The interstate commission may provide in its by-laws for such
additional, ex-officio, nonvoting members as it deems necessary.

(c) Each compacting state represented at any meeting of the interstate
commission is entitled to one vote. A majority of the compacting states shall
constitute a quorum for the transaction of business, unless a larger quorum is
required by the by-laws of the interstate commission.

(d) The interstate commission shall meet at least once each calendar year.
The chairperson may call additional meetings and, upon the request of twenty-seven (27) or more compacting states, shall call additional meetings. Public notice
shall be given of all meetings, and meetings shall be open to the public.

(e) The interstate commission shall establish an executive committee which
shall include commission officers, members, and others as shall be determined by
the by-laws. The executive committee shall have the power to act on behalf of the
interstate commission during periods when the interstate commission is not in
session, with the exception of rulemaking and amendment to the compact. The
executive committee oversees the day-to-day activities managed by the executive
director and interstate commission staff; administers enforcement and compliance
with the provisions of the compact and its by-laws and as directed by the interstate
commission; and performs other duties as directed by the interstate commission or
set forth in the by-laws.

ARTICLE IV

THE STATE COUNCIL

(a) Each member state shall create a state council for interstate adult
offender supervision which shall be responsible for the appointment of the
commissioner who shall serve on the interstate commission from that state. Each
state council shall appoint as its commissioner the compact administrator from that
state to serve on the interstate commission in such capacity under or pursuant to
applicable law of the member state. While each member state may determine the
membership of its own state council, its membership must include at least one
representative from the legislative, judicial, and executive branches of government,
victims groups, and compact administrators.

(b) Each compacting state retains the right to determine the qualifications of
the compact administrator who shall be appointed by the state council or by the
governor in consultation with the legislature and the judiciary.

(c) In addition to appointment of its commissioner to the national interstate
commission, each state council shall exercise oversight and advocacy concerning
its participation in interstate commission activities and other duties as may be
determined by each member state, including but not limited to development of
policy concerning operations and procedures of the compact within that state.

ARTICLE V

POWERS AND DUTIES

OF THE INTERSTATE COMMISSION

(a) The interstate commission shall have the following powers:

(1) To adopt a seal and suitable by-laws governing the management and
operation of the interstate commission;

(2) To promulgate rules that shall have the force and effect of statutory law
and shall be binding in the compacting states to the extent and in the manner
provided in this compact;

(3) To oversee, supervise, and coordinate the interstate movement of
offenders subject to the terms of this compact and any by-laws adopted and rules
promulgated by the interstate commission;

(4) To enforce compliance with compact provisions, interstate commission
rules, and by-laws using all necessary and proper means, including but not limited
to the use of the judicial process;

(5) To establish and maintain offices;

(6) To purchase and maintain insurance and bonds;

(7) To borrow, accept, or contract for services of personnel, including but not
limited to members and their staffs;

(8) To establish and appoint committees and hire staff that it deems
necessary for the carrying out of its functions, including but not limited to an
executive committee as required by Article III which shall have the power to act on
behalf of the interstate commission in carrying out its powers and duties hereunder;

(9) To elect or appoint such officers, attorneys, employees, agents, or
consultants, and to fix their compensation, define their duties, and determine their
qualifications; and to establish the interstate commission's personnel policies and
programs relating to, among other things, conflicts of interest, rates of
compensation, and qualifications of personnel;

(10) To accept any and all donations and grants of money, equipment,
supplies, materials, and services, and to receive, utilize, and dispose of the same;

(11) To lease, purchase, accept contributions or donations of, or otherwise to
own, hold, improve, or use any property, real, personal, or mixed;

(12) To sell, convey, mortgage, pledge, lease, exchange, abandon, or
otherwise dispose of any property, real, personal, or mixed;

(13) To establish a budget and make expenditures and levy dues as provided
in Article X of this compact;

(14) To sue and be sued;

(15) To provide for dispute resolution among compacting states;

(16) To perform such functions as may be necessary or appropriate to
achieve the purposes of this compact;

(17) To report annually to the legislatures, governors, judiciary, and state
councils of the compacting states concerning the activities of the interstate
commission during the preceding year. Such reports shall also include any
recommendations that may have been adopted by the interstate commission.

(18) To coordinate education, training, and public awareness regarding the
interstate movement of offenders for officials involved in such activity;

(19) To establish uniform standards for the reporting, collecting, and
exchanging of data.

ARTICLE VI

ORGANIZATION AND OPERATION

OF THE INTERSTATE COMMISSION

(a) By-laws. The interstate commission, by a majority of the members, within
twelve months of the first interstate commission meeting, shall adopt by-laws to
govern its conduct as may be necessary or appropriate to carry out the purposes of
the compact, including but not limited to:

(1) Establishing the fiscal year of the interstate commission;

(2) Establishing an executive committee and such other committees as may
be necessary and providing reasonable standards and procedures:

(i) For the establishment of committees; and

(ii) Governing any general or specific delegation of any authority or function
of the interstate commission;

(3) Providing reasonable procedures for calling and conducting meetings of
the interstate commission, and ensuring reasonable notice of each such meeting;

(4) Establishing the titles and responsibilities of the officers of the interstate
commission;

(5) Providing reasonable standards and procedures for the establishment of
the personnel policies and programs of the interstate commission. Notwithstanding
any civil service or other similar laws of any compacting state, the by-laws shall
exclusively govern the personnel policies and programs of the interstate
commission;

(6) Providing a mechanism for winding up the operations of the interstate
commission and the equitable return of any surplus funds that may exist upon the
termination of the compact after the payment or reserving of all of its debts and
obligations;

(7) Providing transition rules for start up administration of the compact;
and

(8) Establishing standards and procedures for compliance and technical
assistance in carrying out the compact.

(b) Officers and staff. (1) The interstate commission, by a majority of the
members, shall elect from among its members a chairperson and a vice chairperson,
each of whom shall have such authorities and duties as may be specified in the by-laws. The chairperson or, in his or her absence or disability, the vice chairperson,
shall preside at all meetings of the interstate commission. The officers so elected
shall serve without compensation or remuneration from the interstate commission;
provided that, subject to the availability of budgeted funds, the officers shall be
reimbursed for any actual and necessary costs and expenses incurred by them in
the performance of their duties and responsibilities as officers of the interstate
commission.

(2) The interstate commission, through its executive committee, shall
appoint or retain an executive director for such period, upon such terms and
conditions and for such compensation as the interstate commission may deem
appropriate. The executive director shall serve as secretary to the interstate
commission and hire and supervise such other staff as may be authorized by the
interstate commission, but shall not be a member.

(c) Corporate records of the interstate commission. The interstate
commission shall maintain its corporate books and records in accordance with the
by-laws.

(d) Qualified immunity, defense, and indemnification. (1) The members,
officers, executive director, and employees of the interstate commission shall be
immune from suit and liability, either personally or in their official capacity, for any
claim for damage to or loss of property or personal injury or other civil liability
caused or arising out of any actual or alleged act, error, or omission that occurred
within the scope of interstate commission employment, duties, or responsibilities;
provided that nothing in this paragraph (d) shall be construed to protect any such
person from suit or liability for any damage, loss, injury, or liability caused by the
intentional or willful and wanton misconduct of any such person.

(2) The interstate commission shall defend the commissioner of a
compacting state, or his or her representatives or employees, or the interstate
commission's representatives or employees, in any civil action seeking to impose
liability arising out of any actual or alleged act, error, or omission that occurred
within the scope of interstate commission employment, duties, or responsibilities or
that the defendant had a reasonable basis for believing occurred within the scope
of interstate commission employment, duties, or responsibilities; provided that the
actual or alleged act, error, or omission did not result from intentional wrongdoing
on the part of such person.

(3) The interstate commission shall indemnify and hold the commissioner of
a compacting state, the appointed designee, or employees or the interstate
commission's representatives or employees harmless in the amount of any
settlement or judgment obtained against such persons arising out of any actual or
alleged act, error, or omission that occurred within the scope of interstate
commission employment, duties, or responsibilities or that such persons had a
reasonable basis for believing occurred within the scope of interstate commission
employment, duties, or responsibilities; provided that the actual or alleged act,
error, or omission did not result from gross negligence or intentional wrongdoing on
the part of such person.

ARTICLE VII

ACTIVITIES OF THE INTERSTATE COMMISSION

(a) The interstate commission shall meet and take such actions as are
consistent with the provisions of this compact.

(b) Except as otherwise provided in this compact and unless a greater
percentage is required by the by-laws, in order to constitute an act of the interstate
commission, such act shall have been taken at a meeting of the interstate
commission and shall have received an affirmative vote of a majority of the
members present.

(c) Each member of the interstate commission shall have the right and power
to cast a vote to which that compacting state is entitled and to participate in the
business and affairs of the interstate commission. A member shall vote in person on
behalf of the state and shall not delegate a vote to another member state. However,
a state council shall appoint another authorized representative, in the absence of
the commissioner from that state, to cast a vote on behalf of the member state at a
specified meeting. The by-laws may provide for members' participation in meetings
by telephone or other means of telecommunication or electronic communication.
Any voting conducted by telephone or other means of telecommunication or
electronic communication shall be subject to the same quorum requirements of
meetings where members are present in person.

(d) The interstate commission shall meet at least once during each calendar
year. The chairperson of the interstate commission may call additional meetings at
any time and, upon the request of a majority of the members, shall call additional
meetings.

(e) The interstate commission's by-laws shall establish conditions and
procedures under which the interstate commission shall make its information and
official records available to the public for inspection or copying. The interstate
commission may exempt from disclosure any information or official records to the
extent they would adversely affect personal privacy rights or proprietary interests.
In promulgating such rules, the interstate commission may make available to law
enforcement agencies records and information otherwise exempt from disclosure
and may enter into agreements with law enforcement agencies to receive or
exchange information or records subject to nondisclosure and confidentiality
provisions.

(f) Public notice shall be given of all meetings and all meetings shall be open
to the public, except as set forth in the rules or as otherwise provided in the
compact. The interstate commission shall promulgate rules consistent with the
principles contained in the Government in Sunshine Act, 5 U.S.C. sec. 552b, as
may be amended. The interstate commission and any of its committees may close a
meeting to the public where it determines by two-thirds vote that an open meeting
would be likely to:

(1) Relate solely to the interstate commission's internal personnel practices
and procedures;

(2) Disclose matters specifically exempted from disclosure by statute;

(3) Disclose trade secrets or commercial or financial information which is
privileged or confidential;

(4) Involve accusing any person of a crime or formally censuring any person;

(5) Disclose information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy;

(6) Disclose investigatory records compiled for law enforcement purposes;

(7) Disclose information contained in or related to examination, operating, or
condition reports prepared by, or on behalf of or for the use of, the interstate
commission with respect to a regulated entity for the purpose of regulation or
supervision of such entity;

(8) Disclose information, the premature disclosure of which would
significantly endanger the life of a person or the stability of a regulated entity;

(9) Specifically relate to the interstate commission's issuance of a subpoena
or its participation in a civil action or proceeding.

(g) For every meeting closed pursuant to this provision, the interstate
commission's chief legal officer shall publicly certify that, in his or her opinion, the
meeting may be closed to the public and shall reference each relevant provision
authorizing closure of the meeting. The interstate commission shall keep minutes
that shall fully and clearly describe all matters discussed in any meeting and shall
provide a full and accurate summary of any actions taken and the reasons therefor,
including a description of each of the views expressed on any item and the record
of any roll call vote (reflected in the vote of each member on the question). All
documents considered in connection with any action shall be identified in such
minutes.

(h) The interstate commission shall collect standardized data concerning the
interstate movement of offenders as directed through its by-laws and rules which
shall specify the data to be collected, the means of collection, and data exchange
and reporting requirements.

ARTICLE VIII

RULEMAKING FUNCTIONS

OF THE INTERSTATE COMMISSION

(a) The interstate commission shall promulgate rules in order to effectively
and efficiently achieve the purposes of the compact, including transition rules
governing administration of the compact during the period in which it is being
considered and enacted by the states.

(b) Rulemaking shall occur pursuant to the criteria set forth in this article
and the by-laws and rules adopted pursuant thereto. Such rulemaking shall
substantially conform to the principles of the federal Administrative Procedure
Act, 5 U.S.C.S. sec. 551 et seq., and the federal Advisory Committee Act, 5
U.S.C.S. app. 2, sec. 1 et seq., as may be amended (hereinafter APA). All rules and
amendments shall become binding as of the date specified in each rule or
amendment.

(c) If a majority of the legislatures of the compacting states rejects a rule, by
enactment of a statute or resolution in the same manner used to adopt the
compact, then such rule shall have no further force and effect in any compacting
state.

(d) When promulgating a rule, the interstate commission shall:

(1) Publish the proposed rule stating with particularity the text of the rule
which is proposed and the reason for the proposed rule;

(2) Allow persons to submit written data, facts, opinions, and arguments,
which information shall be publicly available;

(3) Provide an opportunity for an informal hearing; and

(4) Promulgate a final rule and its effective date, if appropriate, based on the
rulemaking record. Not later than sixty days after a rule is promulgated, any
interested person may file a petition in the United States District Court for the
District of Columbia or in the federal District Court where the interstate
commission's principal office is located for judicial review of such rule. If the court
finds that the interstate commission's action is not supported by substantial
evidence, as defined in the APA, in the rulemaking record, the court shall hold the
rule unlawful and set it aside. Subjects to be addressed within twelve months after
the first meeting must at a minimum include:

(i) Notice to victims and opportunity to be heard;

(ii) Offender registration and compliance;

(iii) Violations and returns;

(iv) Transfer procedures and forms;

(v) Eligibility for transfer;

(vi) Collection of restitution and fees from offenders;

(vii) Data collection and reporting;

(viii) The level of supervision to be provided by the receiving state;

(ix) Transition rules governing the operation of the compact and the
interstate commission during all or part of the period between the effective date of
the compact and the date on which the last eligible state adopts the compact;

(x) Mediation, arbitration, and dispute resolution.

(e) The existing rules governing the operation of the previous compact
superceded by this act shall be null and void twelve (12) months after the first
meeting of the interstate commission created hereunder.

(f) Upon determination by the interstate commission that an emergency
exists, it may promulgate an emergency rule that shall become effective
immediately upon adoption; provided that the usual rulemaking procedures
provided hereunder shall be retroactively applied to said rule as soon as reasonably
possible, in no event later than ninety (90) days after the effective date of the rule.

ARTICLE IX

OVERSIGHT, ENFORCEMENT,

AND DISPUTE RESOLUTION

BY THE INTERSTATE COMMISSION

(a) Oversight. (1) The interstate commission shall oversee the interstate
movement of adult offenders in the compacting states and shall monitor such
activities being administered in non-compacting states which may significantly
affect compacting states.

(2) The courts and executive agencies in each compacting state shall
enforce this compact and shall take all actions necessary and appropriate to
effectuate the compact's purposes and intent. In any judicial or administrative
proceeding in a compacting state pertaining to the subject matter of this compact
which may affect the powers, responsibilities, or actions of the interstate
commission, the interstate commission shall be entitled to receive all service of
process in any such proceeding and shall have standing to intervene in the
proceeding for all purposes.

(b) Dispute resolution. (1) The compacting states shall report to the
interstate commission on issues or activities of concern to them and cooperate with
and support the interstate commission in the discharge of its duties and
responsibilities.

(2) The interstate commission shall attempt to resolve any disputes or other
issues that are subject to the compact and that may arise among compacting states
and non-compacting states.

(3) The interstate commission shall enact a by-law or promulgate a rule
providing for both mediation and binding dispute resolution for disputes among the
compacting states.

(c) Enforcement. The interstate commission, in the reasonable exercise of its
discretion, shall enforce the provisions of this compact using any or all means set
forth in Article XII (b) of this compact.

ARTICLE X

FINANCE

(a) The interstate commission shall pay or provide for the payment of the
reasonable expenses of its establishment, organization, and ongoing activities.

(b) The interstate commission shall levy on and collect an annual assessment
from each compacting state to cover the cost of the internal operations and
activities of the interstate commission and its staff which must be in a total amount
sufficient to cover the interstate commission's annual budget as approved each
year. The aggregate annual assessment amount shall be allocated based upon a
formula to be determined by the interstate commission, taking into consideration
the population of the state and the volume of interstate movement of offenders in
each compacting state and shall promulgate a rule binding upon all compacting
states which governs said assessment.

(c) The interstate commission shall not incur any obligations of any kind prior
to securing the funds adequate to meet the same, nor shall the interstate
commission pledge the credit of any of the compacting states, except by and with
the authority of the compacting state.

(d) The interstate commission shall keep accurate accounts of all receipts
and disbursements. The receipts and disbursements of the interstate commission
shall be subject to the audit and accounting procedures established under its by-laws. However, all receipts and disbursements of funds handled by the interstate
commission shall be audited yearly by a certified or licensed public accountant and
the report of the audit shall be included in and become part of the annual report of
the interstate commission.

ARTICLE XI

COMPACTING STATES,

EFFECTIVE DATE, AND AMENDMENT

(a) Any state, as defined in Article II of this compact, is eligible to become a
compacting state.

(b) The compact shall become effective and binding upon legislative
enactment of the compact into law by no less than thirty-five (35) of the states. The
initial effective date shall be the later of July 1, 2001, or upon enactment into law by
the thirty-fifth (35th) jurisdiction. Thereafter it shall become effective and binding,
as to any other compacting state, upon enactment of the compact into law by that
state. The governors of non-member states or their designees will be invited to
participate in interstate commission activities on a nonvoting basis prior to adoption
of the compact by all states and territories of the United States.

(c) Amendments to the compact may be proposed by the interstate
commission for enactment by the compacting states. No amendment shall become
effective and binding upon the interstate commission and the compacting states
unless and until it is enacted into law by unanimous consent of the compacting
states.

ARTICLE XII

WITHDRAWAL, DEFAULT, TERMINATION,

AND JUDICIAL ENFORCEMENT

(a) Withdrawal. (1) Once effective, the compact shall continue in force and
remain binding upon each and every compacting state; provided that a compacting
state may withdraw from the compact (withdrawing state) by enacting a statute
specifically repealing the statute that enacted the compact into law.

(2) The effective date of withdrawal is the effective date of the repeal.

(3) The withdrawing state shall immediately notify the chairperson of the
interstate commission in writing upon the introduction of legislation repealing this
compact in the withdrawing state. The interstate commission shall notify the other
compacting states of the withdrawing state's intent to withdraw within sixty days
of its receipt thereof.

(4) The withdrawing state is responsible for all assessments, obligations, and
liabilities incurred through the effective date of withdrawal, including any
obligations, the performance of which extend beyond the effective date of
withdrawal.

(5) Reinstatement following withdrawal of any compacting state shall occur
upon the withdrawing state reenacting the compact or upon such later date as
determined by the interstate commission.

(b) Default. (1) If the interstate commission determines that any compacting
state has at any time defaulted (defaulting state) in the performance of any of its
obligations or responsibilities under this compact, the by-laws, or any duly
promulgated rules, the interstate commission may impose any or all of the
following penalties:

(i) Fines, fees, and costs in such amounts as are deemed to be reasonable as
fixed by the interstate commission;

(ii) Remedial training and technical assistance as directed by the interstate
commission;

(iii) Suspension and termination of membership in the compact. Suspension
shall be imposed only after all other reasonable means of securing compliance
under the by-laws and rules have been exhausted. Immediate notice of suspension
shall be given by the interstate commission to the governor, the chief justice or
chief judicial officer of the state, the majority and minority leaders of the defaulting
state's legislature, and the state council.

(2) The grounds for default include, but are not limited to, failure of a
compacting state to perform such obligations or responsibilities imposed upon it by
this compact, interstate commission by-laws, or duly promulgated rules. The
interstate commission shall immediately notify the defaulting state in writing of the
penalty imposed by the interstate commission on the defaulting state pending a
cure of the default. The interstate commission shall stipulate the conditions and the
time period within which the defaulting state must cure its default. If the defaulting
state fails to cure the default within the time period specified by the interstate
commission, in addition to any other penalties imposed herein, the defaulting state
may be terminated from the compact upon an affirmative vote of a majority of the
compacting states and all rights, privileges, and benefits conferred by this compact
shall be terminated from the effective date of suspension. Within sixty days of the
effective date of termination of a defaulting state, the interstate commission shall
notify the governor, the chief justice or chief judicial officer, the majority and
minority leaders of the defaulting state's legislature, and the state council of such
termination.

(3) The defaulting state is responsible for all assessments, obligations, and
liabilities incurred through the effective date of termination including any
obligations, the performance of which extends beyond the effective date of
termination.

(4) The interstate commission shall not bear any costs relating to the
defaulting state unless otherwise mutually agreed upon between the interstate
commission and the defaulting state. Reinstatement following termination of any
compacting state requires both a reenactment of the compact by the defaulting
state and the approval of the interstate commission pursuant to the rules.

(c) Judicial enforcement. The interstate commission, by majority vote of the
members, may initiate legal action in the United States District Court for the
District of Columbia or, at the discretion of the interstate commission, in the federal
district where the interstate commission has its offices to enforce compliance with
the provisions of the compact, its duly promulgated rules, and by-laws against any
compacting state in default. In the event judicial enforcement is necessary, the
prevailing party shall be awarded all costs of such litigation including reasonable
attorney fees.

(d) Dissolution of compact. (1) The compact dissolves effective upon the
date of the withdrawal or default of the compacting state that reduces membership
in the compact to one compacting state.

(2) Upon the dissolution of this compact, the compact becomes null and void
and shall be of no further force or effect, and the business and affairs of the
interstate commission shall be wound up and any surplus funds shall be distributed
in accordance with the by-laws.

ARTICLE XIII

SEVERABILITY AND CONSTRUCTION

(a) The provisions of this compact shall be severable, and if any phrase,
clause, sentence, or provision is deemed unenforceable, the remaining provisions of
the compact shall be enforceable.

(b) The provisions of this compact shall be liberally constructed to
effectuate its purposes.

ARTICLE XIV

BINDING EFFECT

OF COMPACT AND OTHER LAWS

(a) Other laws. (1) Nothing herein prevents the enforcement of any other law
of a compacting state that is not inconsistent with this compact.

(2) All compacting states' laws conflicting with this compact are superseded
to the extent of the conflict.

(b) Binding effect of the compact. (1) All lawful actions of the interstate
commission, including all rules and by-laws promulgated by the interstate
commission, are binding upon the compacting states.

(2) All agreements between the interstate commission and the compacting
states are binding in accordance with their terms.

(3) Upon the request of a party to a conflict over meaning or interpretation of
interstate commission actions, and upon a majority vote of the compacting states,
the interstate commission may issue advisory opinions regarding such meaning or
interpretation.

(4) In the event any provision of this compact exceeds the constitutional
limits imposed on the legislature of any compacting state, the obligations, duties,
powers, or jurisdiction sought to be conferred by such provision upon the interstate
commission shall be ineffective and such obligations, duties, powers, or jurisdiction
shall remain in the compacting state and shall be exercised by the agency thereof
to which such obligations, duties, powers, or jurisdiction are delegated by law in
effect at the time this compact becomes effective.

Legislative History

Source: L. 2000: Entire part added, p. 377, � 1, effective April 10.