§ 37:1142 — Oversight; dispute resolution; enforcement

§1142. Oversight; dispute resolution; enforcement
A. All of the following provisions shall apply with respect to the compact:
(1) The executive, legislative, and judicial branches of state government in each
member state shall enforce this compact and 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 have standing as statutory law.
(2) All courts shall take judicial notice of the compact and the rules in any judicial
or administrative proceeding in a member state pertaining to the subject matter of this
compact which may affect the powers, responsibilities, or actions of the commission.
(3) The commission shall be entitled to receive service of process in any such
proceeding and shall have standing to intervene in the proceeding for all purposes. Failure
to provide service of process to the commission shall render a judgment or order void as to
the commission, this compact, or promulgated rules.
B.(1) All of the following provisions relative to default, technical assistance, and
termination shall apply with respect to default, technical assistance, and termination.
(2) If the commission determines that a member state has defaulted in the
performance of its obligations or responsibilities under this compact or the promulgated
rules, the commission shall do all of the following:
(a) Provide written notice to the defaulting state and other member states of the
nature of the default, the proposed means of curing the default, and any other action to be
taken by the commission.
(b) Provide remedial training and specific technical assistance regarding the default.
C. If a state in default fails to cure the default, the defaulting state may be terminated
from the compact upon an affirmative vote of a majority of the member states, and all rights,
privileges, and benefits conferred by this compact may be terminated on the effective date
of termination. A cure of the default does not relieve the offending state of obligations or
liabilities incurred during the period of default.
D. Termination of membership in the compact shall be imposed only after all other
means of securing compliance have been exhausted. Notice of intent to suspend or terminate
shall be given by the commission to the governor, the majority and minority leaders of the
defaulting state's legislature, and each of the member states.
E. A state that has been terminated is responsible for all assessments, obligations,
and liabilities incurred through the effective date of termination, including obligations that
extend beyond the effective date of termination.
F. The commission shall not bear any costs related to a state that is found to be in
default or that has been terminated from the compact, unless agreed upon in writing between
the commission and the defaulting state.
G. The defaulting state may appeal the action of the commission by petitioning the
United States District Court for the District of Columbia or the federal district where the
commission has its principal offices. The prevailing member shall be awarded all costs of
such litigation, including reasonable attorney fees.
H. All of the following dispute resolution requirements shall apply to the
commission:
(1) Upon request by a member state, the commission shall attempt to resolve
disputes related to the compact that arise among member states and between member and
nonmember states.
(2) The commission shall promulgate a rule providing for both mediation and
binding dispute resolution for disputes as appropriate.
I. All of the following provisions relating to enforcement shall apply with respect to
the commission and the compact:
(1) The commission, in the reasonable exercise of its discretion, shall enforce the
provisions and rules of this compact.
(2) By majority vote, the commission may initiate legal action in the United States
District Court for the District of Columbia or the federal district where the commission has
its principal offices against a member state in default to enforce compliance with the
provisions of the compact and its promulgated rules and bylaws. The relief sought may
include both injunctive relief and damages. In the event judicial enforcement is necessary,
the prevailing member shall be awarded all costs of such litigation, including reasonable
attorney fees.
(3) The remedies in this Section shall not be the exclusive remedies of the
commission. The commission may pursue any other remedies available under federal or
state law.

Legislative History

Acts 2022, No. 341, §1.