§ 24-60-702 — Execution of compact

Colorado § 24-60-702

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

Text

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

THE INTERSTATE COMPACT FOR JUVENILES

ARTICLE I - PURPOSE

The compacting states to this Interstate Compact recognize that each state
is responsible for the proper supervision or return of juveniles, delinquents and
status offenders who are on probation or parole and who have absconded, escaped
or run away from supervision and control and in so doing have endangered their
own safety and the safety of others. The compacting states also recognize that
each state is responsible for the safe return of juveniles who have run away from
home and in doing so have left their state of residence. The compacting states also
recognize that Congress, by enacting the Crime Control Act, 4 U.S.C. Section 112
(1965), has authorized and encouraged compacts for cooperative efforts and
mutual assistance in the prevention of crime.

It is the purpose of this compact, through means of joint and cooperative
action among the compacting states to: (A) ensure that the adjudicated juveniles
and status offenders subject to this compact are provided adequate supervision
and services in the receiving state as ordered by the adjudicating judge or parole
authority in the sending state; (B) ensure that the public safety interests of the
citizens, including the victims of juvenile offenders, in both the sending and
receiving states are adequately protected; (C) return juveniles who have run away,
absconded or escaped from supervision or control or have been accused of an
offense to the state requesting their return; (D) make contracts for the cooperative
institutionalization in public facilities in member states for delinquent youth
needing special services; (E) provide for the effective tracking and supervision of
juveniles; (F) equitably allocate the costs, benefits and obligations of the
compacting states; (G) establish procedures to manage the movement between
states of juvenile offenders released to the community under the jurisdiction of
courts, juvenile departments, or any other criminal or juvenile justice agency which
has jurisdiction over juvenile offenders; (H) insure immediate notice to jurisdictions
where defined offenders are authorized to travel or to relocate across state lines; (I)
establish procedures to resolve pending charges (detainers) against juvenile
offenders prior to transfer or release to the community under the terms of this
compact; (J) establish a system of uniform data collection on information pertaining
to juveniles subject to this compact that allows access by authorized juvenile
justice and criminal justice officials, and regular reporting of Compact activities to
heads of state executive, judicial, and legislative branches and juvenile and criminal
justice administrators; (K) monitor compliance with rules governing interstate
movement of juveniles and initiate interventions to address and correct
noncompliance; (L) coordinate training and education regarding the regulation of
interstate movement of juveniles for officials involved in such activity; and (M)
coordinate the implementation and operation of the compact with the Interstate
Compact for the Placement of Children, the Interstate Compact for Adult Offender
Supervision and other compacts affecting juveniles particularly in those cases
where concurrent or overlapping supervision issues arise. 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 therefore are public
business. Furthermore, the compacting states shall cooperate and observe their
individual and collective duties and responsibilities for the prompt return and
acceptance of juveniles subject to the provisions of this compact. The provisions of
this compact shall be reasonably and liberally construed to accomplish the
purposes and policies of the compact.

ARTICLE II - DEFINITIONS

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

A. By-laws means: those by-laws established by the Interstate Commission
for its governance, or for directing or controlling its actions or conduct.

B. 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 juveniles subject to the
terms of this compact, the rules adopted by the Interstate Commission and policies
adopted by the State Council under this compact.

C. Compacting State means: any state which has enacted the enabling
legislation for this compact.

D. Commissioner means: the voting representative of each compacting
state appointed pursuant to Article III of this compact.

E. Court means: any court having jurisdiction over delinquent, neglected, or
dependent children.

F. Deputy Compact Administrator means: the individual, if any, in each
compacting state appointed to act on behalf of a Compact Administrator pursuant
to the terms of this compact responsible for the administration and management of
the state's supervision and transfer of juveniles subject to the terms of this
compact, the rules adopted by the Interstate Commission and policies adopted by
the State Council under this compact.

G. Interstate Commission means: the Interstate Commission for Juveniles
created by Article III of this compact.

H. Juvenile means: any person defined as a juvenile in any member state or
by the rules of the Interstate Commission, including:

(1) Accused Delinquent a person charged with an offense that, if committed
by an adult, would be a criminal offense;

(2) Adjudicated Delinquent a person found to have committed an offense
that, if committed by an adult, would be a criminal offense;

(3) Accused Status Offender a person charged with an offense that would
not be a criminal offense if committed by an adult;

(4) Adjudicated Status Offender - a person found to have committed an
offense that would not be a criminal offense if committed by an adult; and

(5) Non-Offender a person in need of supervision who has not been accused
or adjudicated a status offender or delinquent.

I. Non-Compacting state means: any state which has not enacted the
enabling legislation for this compact.

J. Probation or Parole means: any kind of supervision or conditional release
of juveniles authorized under the laws of the compacting states.

K. Rule means: a written statement by the Interstate Commission
promulgated pursuant to Article VI of this compact that is of general applicability,
implements, interprets or prescribes a policy or provision of the Compact, or an
organizational, procedural, or practice requirement of the Commission, and has the
force and effect of statutory law in a compacting state, and includes the
amendment, repeal, or suspension of an existing rule.

L. State means: a state of the United States, the District of Columbia (or its
designee), the commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam,
American Samoa, and the Northern Marianas Islands.

ARTICLE III - INTERSTATE COMMISSION

FOR JUVENILES

A. The compacting states hereby create the Interstate Commission for
Juveniles. The commission shall be a body corporate and joint agency of the
compacting states. The commission shall have all the responsibilities, powers and
duties set forth herein, 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 appointed by
the appropriate appointing authority in each state pursuant to the rules and
requirements of each compacting state and in consultation with the State Council
for Interstate Juvenile Supervision created hereunder. The commissioner shall be
the compact administrator, deputy compact administrator or designee from that
state who shall serve on the Interstate Commission in such capacity under or
pursuant to the applicable law of the compacting state.

C. 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 must include a member of the national organizations of
governors, legislators, state chief justices, attorneys general, Interstate Compact
for Adult Offender Supervision, Interstate Compact for the Placement of Children,
juvenile justice and juvenile corrections officials, and crime victims. All non-commissioner members of the Interstate Commission shall be ex-officio (non-voting) members. The Interstate Commission may provide in its by-laws for such
additional ex-officio (non-voting) members, including members of other national
organizations, in such numbers as shall be determined by the commission.

D. Each compacting state represented at any meeting of the 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.

E. The commission shall meet at least once each calendar year. The
chairperson may call additional meetings and, upon the request of a simple majority
of the compacting states, shall call additional meetings. Public notice shall be given
of all meetings and meetings shall be open to the public.

F. The Interstate Commission shall establish an executive committee, which
shall include commission officers, members, and others as 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/or amendment to the compact. The
executive committee shall oversee the day-to-day activities of the administration of
the compact managed by an executive director and Interstate Commission staff;
administers enforcement and compliance with the provisions of the compact, its by-laws and rules, and performs such other duties as directed by the Interstate
Commission or set forth in the by-laws.

G. 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
and shall not delegate a vote to another compacting state. However, a
commissioner, in consultation with the state council, shall appoint another
authorized representative, in the absence of the commissioner from that state, to
cast a vote on behalf of the compacting 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.

H. 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.

I. 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 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 investigative 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 person or entity for the purpose of
regulation or supervision of such person or entity;

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

9. Specifically relate to the Interstate Commission's issuance of a subpoena,
or its participation in a civil action or other legal proceeding.

J. For every meeting closed pursuant to this provision, the Interstate
Commission's legal counsel shall publicly certify that, in the legal counsel's opinion,
the meeting may be closed to the public, and shall reference each relevant
exemptive provision. The Interstate Commission shall keep minutes which 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 therefore,
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.

K. The Interstate Commission shall collect standardized data concerning the
interstate movement of juveniles as directed through its rules which shall specify
the data to be collected, the means of collection and data exchange and reporting
requirements. Such methods of data collection, exchange and reporting shall
insofar as is reasonably possible conform to up-to-date technology and coordinate
its information functions with the appropriate repository of records.

ARTICLE IV - POWERS AND DUTIES OF THE

INTERSTATE COMMISSION

The commission shall have the following powers and duties:

1. To provide for dispute resolution among compacting states.

2. To promulgate rules to effect the purposes and obligations as enumerated
in this compact, which 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 juveniles
subject to the terms of this compact and any by-laws adopted and rules
promulgated by the Interstate Commission.

4. To enforce compliance with the compact provisions, the rules
promulgated by the Interstate Commission, and the by-laws, using all necessary
and proper means, including but not limited to the use of judicial process.

5. To establish and maintain offices which shall be located within one or
more of the compacting states.

6. To purchase and maintain insurance and bonds.

7. To borrow, accept, hire or contract for services of personnel.

8. To establish and appoint committees and hire staff which 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, inter alia, 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 it.

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 VIII of this compact.

14. To sue and be sued.

15. To adopt a seal and by-laws governing the management and operation of
the Interstate Commission.

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 juveniles for officials involved in such activity.

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

20. The Interstate Commission shall maintain its corporate books and
records in accordance with the By-laws.

ARTICLE V - ORGANIZATION AND OPERATION

OF THE INTERSTATE COMMISSION

Section A. By-laws

1. The Interstate Commission shall, by a majority of the members present and
voting, within twelve months after the first Interstate Commission meeting, 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:

a. Establishing the fiscal year of the Interstate Commission;

b. Establishing an executive committee and such other committees as may
be necessary;

c. Provide for the establishment of committees governing any general or
specific delegation of any authority or function of the Interstate Commission;

d. Providing reasonable procedures for calling and conducting meetings of
the Interstate Commission, and ensuring reasonable notice of each such meeting;

e. Establishing the titles and responsibilities of the officers of the Interstate
Commission;

f. Providing a mechanism for concluding the operations of the Interstate
Commission and the return of any surplus funds that may exist upon the
termination of the Compact after the payment and/or reserving of all of its debts
and obligations;

g. Providing start-up rules for initial administration of the compact; and

h. Establishing standards and procedures for compliance and technical
assistance in carrying out the compact.

Section B. Officers and Staff

1. The Interstate Commission shall, by a majority of the members, elect
annually from among its members a chairperson and a vice chairperson, each of
whom shall have such authority and duties as may be specified in the by-laws. The
chairperson or, in the chairperson's 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 ordinary 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 shall, through its executive committee, 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, but shall
not be a Member and shall hire and supervise such other staff as may be authorized
by the Interstate Commission.

Section C. Qualified Immunity, Defense and Indemnification

1. The Commission's executive director and employees 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 or relating to any actual or alleged act, error, or omission that
occurred, or that such person had a reasonable basis for believing occurred within
the scope of Commission employment, duties, or responsibilities; provided, that any
such person shall not be protected 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 liability of any commissioner, or the employee or agent of a
commissioner, acting within the scope of such person's employment or duties for
acts, errors, or omissions occurring within such person's state may not exceed the
limits of liability set forth under the Constitution and laws of that state for state
officials, employees, and agents. Nothing in this subsection 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.

3. The Interstate Commission shall defend the executive director or the
employees or representatives of the Interstate Commission and, subject to the
approval of the Attorney General of the state represented by any commissioner of a
compacting state, shall defend such commissioner or the commissioner'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 or willful and wanton
misconduct on the part of such person.

4. The Interstate Commission shall indemnify and hold the commissioner of a
compacting state, or the commissioner's representatives 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 intentional or willful and wanton misconduct
on the part of such persons.

ARTICLE VI - RULEMAKING FUNCTIONS OF THE

INTERSTATE COMMISSION

A. The Interstate Commission shall promulgate and publish rules in order to
effectively and efficiently achieve the purposes of the compact.

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 Model State Administrative
Procedures Act, 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000), or such
other administrative procedures act, as the Interstate Commission deems
appropriate consistent with due process requirements under the U.S. Constitution
as now or hereafter interpreted by the U.S. Supreme Court. All rules and
amendments shall become binding as of the date specified, as published with the
final version of the rule as approved by the Commission.

C. When promulgating a rule, the Interstate Commission shall, at a minimum:

1. publish the proposed rule's entire text stating the reason(s) for that
proposed rule;

2. allow and invite any and all persons to submit written data, facts, opinions
and arguments, which information shall be added to the record, and be made
publicly available;

3. provide an opportunity for an informal hearing if petitioned by ten (10) or
more persons; and

4. promulgate a final rule and its effective date, if appropriate, based on
input from state or local officials, or interested parties.

D. Allow, not later than sixty days after a rule is promulgated, any interested
person to 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 in the
rulemaking record, the court shall hold the rule unlawful and set it aside. For
purposes of this subsection, evidence is substantial if it would be considered
substantial evidence under the Model State Administrative Procedures Act.

E. If a majority of the legislatures of the compacting states rejects a rule,
those states may, by enactment of a statute or resolution in the same manner used
to adopt the compact, cause that such rule shall have no further force and effect in
any compacting state.

F. The existing rules governing the operation of the Interstate Compact on
Juveniles superceded by this act shall be null and void twelve (12) months after the
first meeting of the Interstate Commission created hereunder.

G. Upon determination by the Interstate Commission that a state-of-emergency exists, it may promulgate an emergency rule which 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, but no later than ninety (90) days after the effective date of
the emergency rule.

ARTICLE VII - OVERSIGHT, ENFORCEMENT AND DISPUTE

RESOLUTION BY THE INTERSTATE COMMISSION

Section A. Oversight

1. The Interstate Commission shall oversee the administration and operations
of the interstate movement of juveniles subject to this compact 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. The provisions of this compact and the rules
promulgated hereunder shall be received by all the judges, public officers,
commissions, and departments of the state government as evidence of the
authorized statute and administrative rules. All courts shall take judicial notice of
the compact and the rules. 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, it 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.

Section B. Dispute Resolution

1. The compacting states shall report to the Interstate Commission on all
issues and activities necessary for the administration of the compact as well as
issues and activities pertaining to compliance with the provisions of the compact
and its by-laws and rules.

2. The Interstate Commission shall attempt, upon the request of a
compacting state, to resolve any disputes or other issues which are subject to the
compact and which may arise among compacting states and between compacting
and non-compacting states. The commission shall promulgate a rule providing for
both mediation and binding dispute resolution for disputes among the compacting
states.

3. The Interstate Commission, in the reasonable exercise of its discretion,
shall enforce the provisions and rules of this compact using any or all means set
forth in Article XI of this compact.

ARTICLE VIII - 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 each compacting state and the volume of interstate movement of
juveniles 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 IX - THE STATE COUNCIL

Each member state shall create a State Council for Interstate Juvenile
Supervision. While each 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 the
compact administrator, deputy compact administrator or designee. Each
compacting state retains the right to determine the qualifications of the compact
administrator or deputy compact administrator. Each state council will advise and
may exercise oversight and advocacy concerning that state's participation in
Interstate Commission activities and other duties as may be determined by that
state, including but not limited to, development of policy concerning operations and
procedures of the compact within that state.

ARTICLE X - COMPACTING STATES,

EFFECTIVE DATE AND AMENDMENT

A. Any state, the District of Columbia (or its designee), the Commonwealth of
Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Northern
Marianas Islands 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 35 of the states. The initial
effective date shall be the later of July 1, 2004 or upon enactment into law by the
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 shall be invited to participate in
the activities of the Interstate Commission on a nonvoting basis prior to adoption of
the compact by all states and territories of the United States.

C. The Interstate Commission may propose amendments to the compact 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 XI - WITHDRAWAL, DEFAULT, TERMINATION

AND JUDICIAL ENFORCEMENT

Section 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 by specifically repealing the statute which 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.

Section B. Technical Assistance, Fines, Suspension, Termination and Default

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

a. Remedial training and technical assistance as directed by the Interstate
Commission;

b. Alternative Dispute Resolution;

c. Fines, fees, and costs in such amounts as are deemed to be reasonable as
fixed by the Interstate Commission; and

d. Suspension or termination of membership in the compact, which shall be
imposed only after all other reasonable means of securing compliance under the
by-laws and rules have been exhausted and the Interstate Commission has
therefore determined that the offending state is in default. Immediate notice of
suspension shall be given by the Interstate Commission to the Governor, the Chief
Justice or the Chief Judicial Officer of the state, the Majority and Minority Leaders
of the defaulting state's legislature, and the state council. 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, the by-laws, or duly
promulgated rules and any other grounds designated in commission by-laws and
rules. The Interstate Commission shall immediately notify the defaulting state in
writing of the penalty imposed by the Interstate Commission and of the default
pending a cure of the default. The 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 commission,
the defaulting state shall 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
termination.

2. Within sixty days of the effective date of termination of a defaulting state,
the 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 in writing between the
Interstate Commission and the defaulting state.

5. 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.

Section C. Judicial Enforcement

The Interstate Commission may, by majority vote of the members, 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 attorneys fees.

Section D. Dissolution of Compact

1. The compact dissolves effective upon the date of the withdrawal or
default of the compacting state, which 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 concluded and any surplus funds shall be
distributed in accordance with the by-laws.

ARTICLE XII - 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 construed to effectuate
its purposes.

ARTICLE XIII - BINDING EFFECT OF COMPACT

AND OTHER LAWS

Section 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 other than state Constitutions and other
interstate compacts conflicting with this compact are superseded to the extent of
the conflict.

Section 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. 57: p. 470, � 1. CRS 53: � 74-8-1. C.R.S. 1963: � 74-8-1. L. 71: p. 855, � 1. L. 2004: Entire section R&RE, p. 660, � 1, effective April 26.