§ 501-E — Interstate compact for juveniles

New York § 501-E

• Jurisdiction: New York
• Law EXC: Executive
• Title 1: No title
• Art. 19-G: Office of Children and Family Services

Text

* § 501-e. Interstate compact for juveniles. The interstate compact\nfor juveniles is hereby enacted into law and entered into with all other\njurisdictions legally joining therein in a form substantially as\nfollows:\n THE INTERSTATE COMPACT FOR JUVENILES\n ARTICLE I\n PURPOSE\n The compacting states to this interstate compact recognize that each\nstate is responsible for the proper supervision or return of juveniles,\ndelinquents and status offenders who are on probation or parole and who\nhave absconded, escaped or run away from supervision and control and in\nso doing have endangered their own safety and the safety of others. The\ncompacting states also recognize that each state is responsible for the\nsafe return of juveniles who have run away from home and in doing so\nhave left their state of residence. The compacting states also recognize\nthat congress, by enacting the Crime Control Act, 4 U.S.C. Section 112\n(1965), has authorized and encouraged compacts for cooperative efforts\nand mutual assistance in the prevention of crime. It is the purpose of\nthis compact, through means of joint and cooperative action among the\ncompacting states to:\n A. ensure that the adjudicated juveniles and status offenders subject\nto this compact are provided adequate supervision and services in the\nreceiving state as ordered by the adjudicating judge or parole authority\nin the sending state;\n B. ensure that the public safety interests of the citizens, including\nthe victims of juvenile offenders, in both the sending and receiving\nstates are adequately protected;\n C. return juveniles who have run away, absconded or escaped from\nsupervision or control or have been accused of an offense to the state\nrequesting their return;\n D. make contracts for the cooperative institutionalization in public\nfacilities in member states for delinquent youth needing special\nservices;\n E. provide for the effective tracking and supervision of juveniles;\n F. equitably allocate the costs, benefits and obligations of the\ncompacting states;\n G. establish procedures to manage the movement between states of\njuvenile offenders released to the community under the jurisdiction of\ncourts, juvenile departments, or any other criminal or juvenile justice\nagency which has jurisdiction over juvenile offenders;\n H. insure immediate notice to jurisdictions where defined offenders\nare authorized to travel or to relocate across state lines;\n I. establish procedures to resolve pending charges (detainers) against\njuvenile offenders prior to transfer or release to the community under\nthe terms of this compact;\n J. establish a system of uniform data collection on information\npertaining to juveniles subject to this compact that allows access by\nauthorized juvenile justice and criminal justice officials, and regular\nreporting of compact activities to heads of state executive, judicial,\nand legislative branches and juvenile and criminal justice\nadministrators;\n K. monitor compliance with rules governing interstate movement of\njuveniles and initiate interventions to address and correct\nnoncompliance;\n L. coordinate training and education regarding the regulation of\ninterstate movement of juveniles for officials involved in such\nactivity; and\n M. coordinate the implementation and operation of the compact with the\ninterstate compact for the placement of children, the interstate compact\nfor adult offender supervision and other compacts affecting juveniles\nparticularly in those cases where concurrent or overlapping supervision\nissues arise.\n It is the policy of the compacting states that the activities\nconducted by the interstate commission created herein are the formation\nof public policies and therefore are public business. Furthermore, the\ncompacting states shall cooperate and observe their individual and\ncollective duties and responsibilities for the prompt return and\nacceptance of juveniles subject to the provisions of this compact. The\nprovisions of this compact shall be reasonably and liberally construed\nto accomplish the purposes and policies of the compact.\n ARTICLE II\n DEFINITIONS\n As used in this compact, unless the context clearly requires a\ndifferent construction:\n A. "Bylaws" means those bylaws established by the interstate\ncommission for its governance, or for directing or controlling its\nactions or conduct;\n B. "Compact administrator" means the individual in each compacting\nstate appointed pursuant to the terms of this compact, responsible for\nthe administration and management of the state's supervision and\ntransfer of juveniles subject to the terms of this compact, the rules\nadopted by the interstate commission and policies adopted by the state\ncouncil under this compact;\n C. "Compacting state" means any state which has enacted the enabling\nlegislation for this compact;\n D. "Commissioner" means the voting representative of each compacting\nstate appointed pursuant to article III of this compact;\n E. "Court" means any court having jurisdiction over delinquent,\nneglected, or dependent children;\n F. "Deputy compact administrator" means the individual, if any, in\neach compacting state appointed to act on behalf of a compact\nadministrator pursuant to the terms of this compact responsible for the\nadministration and management of the state's supervision and transfer of\njuveniles subject to the terms of this compact, the rules adopted by the\ninterstate commission and policies adopted by the state council under\nthis compact;\n G. "Interstate commission" means the interstate commission for\njuveniles created by article III of this compact;\n H. "Juvenile" means any person defined as a juvenile in any member\nstate or by the rules of the interstate commission, including any:\n 1. "accused delinquent" which means a person charged with an offense\nthat, if committed by an adult, would be a criminal offense;\n 2. "adjudicated delinquent" which means a person found to have\ncommitted an offense that, if committed by an adult, would be a criminal\noffense;\n 3. "accused status offender" which means a person charged with an\noffense that would not be a criminal offense if committed by an adult;\n 4. "adjudicated status offender" which means a person found to have\ncommitted an offense that would not be a criminal offense if committed\nby an adult; and\n 5. "non-offender" which means a person in need of supervision who has\nnot been accused or adjudicated a status offender or delinquent;\n I. "Non-compacting state" means any state which has not enacted the\nenabling legislation for this compact;\n J. "Probation" or "parole" means any kind of supervision or\nconditional release of juveniles authorized under the laws of the\ncompacting states;\n K. "Rule" means a written statement by the interstate commission\npromulgated pursuant to article VI of this compact that is of general\napplicability, implements, interprets or prescribes a policy or\nprovision of the compact, or an organizational, procedural, or practical\nrequirement of the commission, and has the force and effect of statutory\nlaw in a compacting state, and includes the amendment, repeal, or\nsuspension of an existing rule; and\n L. "State" means a state of the United States, the District of\nColumbia (or its designee), the Commonwealth of Puerto Rico, the U.S.\nVirgin Islands, Guam, American Samoa, and the Northern Marianas Islands.\n ARTICLE III\n INTERSTATE COMMISSION FOR JUVENILES\n A. The compacting states hereby create the "interstate commission for\njuveniles." The commission shall be a body corporate and joint agency of\nthe compacting states. The commission shall have all the\nresponsibilities, powers and duties set forth herein, and such\nadditional powers as may be conferred upon it by subsequent action of\nthe respective legislatures of the compacting states in accordance with\nthe terms of this compact.\n B. The interstate commission shall consist of commissioners appointed\nby the appropriate appointing authority in each state pursuant to the\nrules and requirements of each compacting state and in consultation with\nthe state council for interstate juvenile supervision created hereunder.\nThe commissioner shall be the compact administrator, deputy compact\nadministrator or designee from that state who shall serve on the\ninterstate commission in such capacity under or pursuant to the\napplicable law of the compacting state.\n C. In addition to the commissioners who are the voting representatives\nof each state, the interstate commission shall include individuals who\nare not commissioners, but who are members of interested organizations.\nSuch non-commissioner members must include a member of the national\norganizations of governors, legislators, state chief justices, attorneys\ngeneral, interstate compact for adult offender supervision, interstate\ncompact for the placement of children, juvenile justice and juvenile\ncorrections officials, and crime victims. All non-commissioner members\nof the interstate commission shall be ex-officio (non-voting) members.\nThe interstate commission may provide in its bylaws for such additional\nex-officio (non-voting) members, including members of other national\norganizations, in such numbers as shall be determined by the commission.\n D. Each compacting state represented at any meeting of the commission\nis entitled to one vote. A majority of the compacting states shall\nconstitute a quorum for the transaction of business, unless a larger\nquorum is required by the bylaws of the interstate commission.\n E. The commission shall meet at least once each calendar year. The\nchairperson may call additional meetings and, upon the request of a\nsimple majority of the compacting states, shall call additional\nmeetings. Public notice shall be given of all meetings and meetings\nshall be open to the public.\n F. The interstate commission shall establish an executive committee,\nwhich shall include commission officers, members, and others as\ndetermined by the bylaws. The executive committee shall have the power\nto act on behalf of the interstate commission during periods when the\ninterstate commission is not in session, with the exception of\nrulemaking and/or amendment to the compact. The executive committee\nshall oversee the day-to-day activities of the administration of the\ncompact managed by an executive director and interstate commission\nstaff; administer enforcement and compliance with the provisions of the\ncompact, its bylaws and rules, and perform such other duties as directed\nby the interstate commission or set forth in the bylaws.\n G. Each member of the interstate commission shall have the right and\npower to cast a vote to which that compacting state is entitled and to\nparticipate in the business and affairs of the interstate commission. A\nmember shall vote in person and shall not delegate a vote to another\ncompacting state. However, a commissioner, in consultation with the\nstate council, shall appoint another authorized representative, in the\nabsence of the commissioner from that state, to cast a vote on behalf of\nthe compacting state at a specified meeting. The bylaws may provide for\nmembers' participation in meetings by telephone or other means of\ntelecommunication or electronic communication.\n H. The interstate commission's bylaws shall establish conditions and\nprocedures under which the interstate commission shall make its\ninformation and official records available to the public for inspection\nor copying. The interstate commission may exempt from disclosure any\ninformation or official records to the extent they would adversely\naffect personal privacy rights or proprietary interests.\n I. Public notice shall be given of all meetings and all meetings shall\nbe open to the public, except as set forth in the rules or as otherwise\nprovided in the compact. The interstate commission and any of its\ncommittees may close a meeting to the public where it determines by\ntwo-thirds vote that an open meeting would be likely to:\n 1. relate solely to the interstate commission's internal personnel\npractices and procedures;\n 2. disclose matters specifically exempted from disclosure by statute;\n 3. disclose trade secrets or commercial or financial information which\nis privileged or confidential;\n 4. involve accusing any person of a crime, or formally censuring any\nperson;\n 5. disclose information of a personal nature where disclosure would\nconstitute a clearly unwarranted invasion of personal privacy;\n 6. disclose investigative records compiled for law enforcement\npurposes;\n 7. disclose information contained in or related to examination,\noperating or condition reports prepared by, or on behalf of or for the\nuse of, the interstate commission with respect to a regulated person or\nentity for the purpose of regulation or supervision of such person or\nentity;\n 8. disclose information, the premature disclosure of which would\nsignificantly endanger the stability of a regulated person or entity; or\n 9. specifically relate to the interstate commission's issuance of a\nsubpoena, or its participation in a civil action or other legal\nproceeding.\n J. For every meeting closed pursuant to this provision, the interstate\ncommission's legal counsel shall publicly certify that, in the legal\ncounsel's opinion, the meeting may be closed to the public, and shall\nreference each relevant exemptive provision. The interstate commission\nshall keep minutes which shall fully and clearly describe all matters\ndiscussed in any meeting and shall provide a full and accurate summary\nof any actions taken, and the reasons therefor, including a description\nof each of the views expressed on any item and the record of any roll\ncall vote (reflected in the vote of each member on the question). All\ndocuments considered in connection with any action shall be identified\nin such minutes.\n K. The interstate commission shall collect standardized data\nconcerning the interstate movement of juveniles as directed through its\nrules which shall specify the data to be collected, the means of\ncollection and data exchange and reporting requirements. Such methods of\ndata collection, exchange and reporting shall insofar as is reasonably\npossible conform to up-to-date technology and coordinate its information\nfunctions with the appropriate repository of records.\n ARTICLE IV\n POWERS AND DUTIES OF THE INTERSTATE COMMISSION\n The commission shall have the following powers and duties:\n A. To provide for dispute resolution among compacting states;\n B. To promulgate rules to effect the purposes and obligations as\nenumerated in this compact, which shall have the force and effect of\nstatutory law and shall be binding in the compacting states to the\nextent and in the manner provided in this compact;\n C. To oversee, supervise and coordinate the interstate movement of\njuveniles subject to the terms of this compact and any bylaws adopted\nand rules promulgated by the interstate commission;\n D. To enforce compliance with the compact provisions, the rules\npromulgated by the interstate commission, and the bylaws, using all\nnecessary and proper means, including but not limited to the use of\njudicial process;\n E. To establish and maintain offices which shall be located within one\nor more of the compacting states;\n F. To purchase and maintain insurance and bonds;\n G. To borrow, accept, hire or contract for services of personnel;\n H. To establish and appoint committees and hire staff which it deems\nnecessary for the carrying out of its functions including, but not\nlimited to, an executive committee as required by article III of this\ncompact which shall have the power to act on behalf of the interstate\ncommission in carrying out its powers and duties hereunder;\n I. To elect or appoint such officers, attorneys, employees, agents, or\nconsultants, and to fix their compensation, define their duties and\ndetermine their qualifications; and to establish the interstate\ncommission's personnel policies and programs relating to, inter alia,\nconflicts of interest, rates of compensation, and qualifications of\npersonnel;\n J. To accept any and all donations and grants of money, equipment,\nsupplies, materials, and services, and to receive, utilize, and dispose\nof it;\n K. To lease, purchase, accept contributions or donations of, or\notherwise to own, hold, improve or use any property, real, personal, or\nmixed;\n L. To sell, convey, mortgage, pledge, lease, exchange, abandon, or\notherwise dispose of any property, real, personal, or mixed;\n M. To establish a budget and make expenditures and levy dues as\nprovided in article VIII of this compact;\n N. To sue and be sued;\n O. To adopt a seal and bylaws governing the management and operation\nof the interstate commission;\n P. To perform such functions as may be necessary or appropriate to\nachieve the purposes of this compact;\n Q. To report annually to the legislatures, governors, judiciary, and\nstate councils of the compacting states concerning the activities of the\ninterstate commission during the preceding year. Such reports shall also\ninclude any recommendations that may have been adopted by the interstate\ncommission;\n R. To coordinate education, training and public awareness regarding\nthe interstate movement of juveniles for officials involved in such\nactivity;\n S. To establish uniform standards of the reporting, collecting and\nexchanging of data; and\n T. The interstate commission shall maintain its corporate books and\nrecords in accordance with the bylaws.\n ARTICLE V\n ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION\n A. Bylaws.\n The interstate commission shall, by a majority of the members present\nand voting, within twelve months after the first interstate commission\nmeeting, adopt bylaws to govern its conduct as may be necessary or\nappropriate to carry out the purposes of the compact, including, but not\nlimited to:\n a. establishing the fiscal year of the interstate commission;\n b. establishing an executive committee and such other committees as\nmay be necessary;\n c. providing for the establishment of committees governing any general\nor specific delegation of any authority or function of the interstate\ncommission;\n d. providing reasonable procedures for calling and conducting meetings\nof the interstate commission, and ensuring reasonable notice of each\nsuch meeting;\n e. establishing the titles and responsibilities of the officers of the\ninterstate commission;\n f. providing a mechanism for concluding the operations of the\ninterstate commission and the return of any surplus funds that may exist\nupon the termination of the compact after the payment and/or reserving\nof all of its debts and obligations;\n g. providing "start-up" rules for initial administration of the\ncompact; and\n h. establishing standards and procedures for compliance and technical\nassistance in carrying out the compact.\n B. Officers and staff.\n 1. The interstate commission shall, by a majority of the members,\nelect annually from among its members a chairperson and a\nvice-chairperson, each of whom shall have such authority and duties as\nmay be specified in the bylaws. The chairperson or, in the chairperson's\nabsence or disability, the vice-chairperson shall preside at all\nmeetings of the interstate commission. The officers so elected shall\nserve without compensation or remuneration from the interstate\ncommission; provided that, subject to the availability of budgeted\nfunds, the officers shall be reimbursed for any ordinary and necessary\ncosts and expenses incurred by them in the performance of their duties\nand responsibilities as officers of the interstate commission.\n 2. The interstate commission shall, through its executive committee,\nappoint or retain an executive director for such period, upon such terms\nand conditions and for such compensation as the interstate commission\nmay deem appropriate. The executive director shall serve as secretary to\nthe interstate commission, but shall not be a member and shall hire and\nsupervise such other staff as may be authorized by the interstate\ncommission.\n C. Qualified immunity, defense and indemnification.\n 1. The interstate commission's executive director and employees shall\nbe immune from suit and liability, either personally or in their\nofficial capacity, for any claim for damage to or loss of property or\npersonal injury or other civil liability caused or arising out of or\nrelating to any actual or alleged act, error, or omission that occurred,\nor that such person had a reasonable basis for believing occurred within\nthe scope of interstate commission employment, duties, or\nresponsibilities; provided, that any such person shall not be protected\nfrom suit or liability for any damage, loss, injury, or liability caused\nby the intentional or willful and wanton misconduct of any such person.\n 2. The liability of any commissioner, or the employee or agent of a\ncommissioner, acting within the scope of such person's employment or\nduties for acts, errors, or omissions occurring within such person's\nstate may not exceed the limits of liability set forth under the\nconstitution and laws of that state for state officials, employees, and\nagents. Nothing in this subdivision shall be construed to protect any\nsuch person from suit or liability for any damage, loss, injury, or\nliability caused by the intentional or willful and wanton misconduct of\nany such person.\n 3. The interstate commission shall defend the executive director or\nthe employees or representatives of the interstate commission and,\nsubject to the approval of the attorney general of the state represented\nby any commissioner of a compacting state, shall defend such\ncommissioner or the commissioner's representatives or employees in any\ncivil action seeking to impose liability arising out of any actual or\nalleged act, error, or omission that occurred within the scope of\ninterstate commission employment, duties, or responsibilities, or that\nthe defendant had a reasonable basis for believing occurred within the\nscope of interstate commission employment, duties, or responsibilities,\nprovided that the actual or alleged act, error, or omission did not\nresult from intentional or willful and wanton misconduct on the part of\nsuch person.\n 4. The interstate commission shall indemnify and hold the commissioner\nof a compacting state, or the commissioner's representatives or\nemployees, or the interstate commission's representatives or employees,\nharmless in the amount of any settlement or judgment obtained against\nsuch persons arising out of any actual or alleged act, error, or\nomission that occurred within the scope of interstate commission\nemployment, duties, or responsibilities, or that such persons had a\nreasonable basis for believing occurred within the scope of interstate\ncommission employment, duties, or responsibilities, provided that the\nactual or alleged act, error, or omission did not result from\nintentional or willful and wanton misconduct on the part of such\npersons.\n ARTICLE VI\n RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION\n A. The interstate commission shall promulgate and publish rules in\norder to effectively and efficiently achieve the purposes of the\ncompact.\n B. Rulemaking shall occur pursuant to the criteria set forth in this\narticle and the bylaws and rules adopted pursuant thereto. Such\nrulemaking shall substantially conform to the principles of the "Model\nState Administrative Procedures Act," 1981 act, uniform laws annotated,\nvol. 15, p.1 (2000), or such other administrative procedures acts, as\nthe interstate commission deems appropriate, consistent with due process\nrequirements under the United States Constitution as now or hereafter\ninterpreted by the United States supreme court. All rules and amendments\nshall become binding as of the date specified, as published with the\nfinal version of the rules as approved by the interstate commission.\n C. When promulgating a rule, the interstate commission shall, at a\nminimum:\n 1. publish the proposed rule's entire text stating the reason or\nreasons for that proposed rule;\n 2. allow and invite any and all persons to submit written data, facts,\nopinions and arguments, which information shall be added to the record,\nand be made publicly available;\n 3. provide an opportunity for an informal hearing if petitioned by ten\nor more persons;\n 4. promulgate a final rule and its effective date, if appropriate,\nbased on input from state or local officials, or interested parties; and\n 5. allow, not later than sixty days after a rule is promulgated, any\ninterested person to file a petition in the United States district court\nfor the District of Columbia or in the federal district court where the\ninterstate commission's principal office is located for judicial review\nof such rule. If the court finds that the interstate commission's action\nis not supported by substantial evidence in the rulemaking record, the\ncourt shall hold the rule unlawful and set it aside. For purposes of\nthis subdivision, evidence is substantial if it would be considered\nsubstantial evidence under the model state administrative procedures\nact.\n D. If a majority of the legislatures of the compacting states rejects\na rule, those states may, by enactment of a statute or resolution in the\nsame manner used to adopt the compact, cause such rule to have no\nfurther force and effect in any compacting state.\n E. The existing rules governing the operation of the interstate\ncompact on juveniles superseded by this act shall be null and void\ntwelve months after the first meeting of the interstate commission\ncreated hereunder.\n F. Upon determination by the interstate commission that a state of\nemergency exists, it may promulgate an emergency rule which shall become\neffective immediately upon adoption, provided that the usual rulemaking\nprocedures provided hereunder shall be retroactively applied to said\nrule as soon as reasonably possible, but no later than ninety days after\nthe effective date of the emergency rule.\n ARTICLE VII\n OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION BY THE\n INTERSTATE COMMISSION\n A. Oversight.\n 1. The interstate commission shall oversee the administration and\noperations of the interstate movement of juveniles subject to this\ncompact in the compacting states and shall monitor such activities being\nadministered in non-compacting states which may significantly affect\ncompacting states.\n 2. The courts and executive agencies in each compacting state shall\nenforce this compact and shall take all actions necessary and\nappropriate to effectuate the compact's purposes and intent. The\nprovisions of this compact and the rules promulgated hereunder shall be\nreceived by all the judges, public officers, commissions, and\ndepartments of the state government as evidence of the authorized\nstatute and administrative rules. All courts shall take judicial notice\nof the compact and the rules. In any judicial or administrative\nproceeding in a compacting state pertaining to the subject matter of\nthis compact which may affect the powers, responsibilities, or actions\nof the interstate commission, it shall be entitled to receive all\nservice of process in any such proceeding, and shall have standing to\nintervene in the proceeding for all purposes.\n B. Dispute resolution.\n 1. The compacting states shall report to the interstate commission on\nall issues and activities necessary for the administration of the\ncompact as well as issues and activities pertaining to compliance with\nthe provisions of the compact and its bylaws and rules.\n 2. The interstate commission shall attempt, upon the request of a\ncompacting state, to resolve any disputes or other issues which are\nsubject to the compact and which may arise among compacting states and\nbetween compacting and non-compacting states. The commission shall\npromulgate a rule providing for both mediation and binding dispute\nresolution for disputes among the compacting states.\n 3. The interstate commission, in the reasonable exercise of its\ndiscretion, shall enforce the provisions and rules of this compact using\nany or all means set forth in article XI of this compact.\n ARTICLE VIII\n FINANCE\n A. The interstate commission shall pay or provide for the payment of\nthe reasonable expenses of its establishment, organization and ongoing\nactivities.\n B. The interstate commission shall levy on and collect an annual\nassessment from each compacting state to cover the cost of the internal\noperations and activities of the interstate commission and its staff\nwhich must be in a total amount sufficient to cover the interstate\ncommission's annual budget as approved each year. The aggregate annual\nassessment amount shall be allocated based upon a formula to be\ndetermined by the interstate commission, taking into consideration the\npopulation of each compacting state and the volume of interstate\nmovement of juveniles in each compacting state and shall promulgate a\nrule binding upon all compacting states which governs said assessment.\n C. The interstate commission shall not incur any obligations of any\nkind prior to securing the funds adequate to meet the same; nor shall\nthe interstate commission pledge the credit of any of the compacting\nstates, except by and with the authority of the compacting state.\n D. The interstate commission shall keep accurate accounts of all\nreceipts and disbursements. The receipts and disbursements of the\ninterstate commission shall be subject to the audit and accounting\nprocedures established under its bylaws. However, all receipts and\ndisbursements of funds handled by the interstate commission shall be\naudited yearly by a certified or licensed public accountant and the\nreport of the audit shall be included in and become part of the annual\nreport of the interstate commission.\n ARTICLE IX\n THE STATE COUNCIL\n Each member state shall create a state council for interstate juvenile\nsupervision. While each state may determine the membership of its own\nstate council, its membership must include at least one representative\nfrom the legislative, judicial, and executive branches of government,\nvictims groups, and the compact administrator, deputy compact\nadministrator or designee. Each compacting state retains the right to\ndetermine the qualifications of the compact administrator or deputy\ncompact administrator. Each state council will advise and may exercise\noversight and advocacy concerning that state's participation in\ninterstate commission activities and other duties as may be determined\nby that state, including but not limited to, development of policy\nconcerning operations and procedures of the compact within that state.\n ARTICLE X\n COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT\n A. Any state, the District of Columbia (or its designee), the\nCommonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American\nSamoa, and the Northern Marianas Islands as defined in article II of\nthis compact is eligible to become a compacting state.\n B. The compact shall become effective and binding upon legislative\nenactment of the compact into law by no less than thirty-five of the\nstates. The initial effective date shall be the later of July first, two\nthousand four or upon enactment into law by the thirty-fifth\njurisdiction. Thereafter it shall become effective and binding as to any\nother compacting state upon enactment of the compact into law by that\nstate. The governors of non-member states or their designees shall be\ninvited to participate in the activities of the interstate commission on\na nonvoting basis prior to adoption of the compact by all states and\nterritories of the United States.\n C. The interstate commission may propose amendments to the compact for\nenactment by the compacting states. No amendment shall become effective\nand binding upon the interstate commission and the compacting states\nunless and until it is enacted into law by unanimous consent of the\ncompacting states.\n ARTICLE XI\n WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT\n A. Withdrawal.\n 1. Once effective, the compact shall continue in force and remain\nbinding upon each and every compacting state; provided that a compacting\nstate may withdraw from the compact by specifically repealing the\nstatute which enacted the compact into law.\n 2. The effective date of withdrawal is the effective date of the\nrepeal.\n 3. The withdrawing state shall immediately notify the chairperson of\nthe interstate commission in writing upon the introduction of\nlegislation repealing this compact in the withdrawing state. The\ninterstate commission shall notify the other compacting states of the\nwithdrawing state's intent to withdraw within sixty days of its receipt\nthereof.\n 4. The withdrawing state is responsible for all assessments,\nobligations and liabilities incurred through the effective date of\nwithdrawal, including any obligations, the performance of which extend\nbeyond the effective date of withdrawal.\n 5. Reinstatement following withdrawal of any compacting state shall\noccur upon the withdrawing state reenacting the compact or upon such\nlater date as determined by the interstate commission.\n B. Technical assistance, fines, suspension, termination and default.\n 1. If the interstate commission determines that any compacting state\nhas at any time defaulted in the performance of any of its obligations\nor responsibilities under this compact, or the bylaws or duly\npromulgated rules, the interstate commission may impose any or all of\nthe following penalties:\n a. Remedial training and technical assistance as directed by the\ninterstate commission;\n b. Alternative dispute resolution;\n c. Fines, fees, and costs in such amounts as are deemed to be\nreasonable as fixed by the interstate commission; and\n d. Suspension or termination of membership in the compact, which shall\nbe imposed only after all other reasonable means of securing compliance\nunder the bylaws and rules have been exhausted and the interstate\ncommission has therefore determined that the offending state is in\ndefault. Immediate notice of suspension shall be given by the interstate\ncommission to the governor, the chief justice or the chief judicial\nofficer of the state, the majority and minority leaders of the\ndefaulting state's legislature, and the state council. The grounds for\ndefault include, but are not limited to, failure of a compacting state\nto perform such obligations or responsibilities imposed upon it by this\ncompact, the bylaws, or duly promulgated rules and any other grounds\ndesignated in commission bylaws and rules. The interstate commission\nshall immediately notify the defaulting state in writing of the penalty\nimposed by the interstate commission and of the default pending a cure\nof the default. The commission shall stipulate the conditions and the\ntime period within which the defaulting state must cure its default. If\nthe defaulting state fails to cure the default within the time period\nspecified by the commission, the defaulting state shall be terminated\nfrom the compact upon an affirmative vote of a majority of the\ncompacting states and all rights, privileges and benefits conferred by\nthis compact shall be terminated from the effective date of termination.\n 2. Within sixty days of the effective date of termination of a\ndefaulting state, the commission shall notify the governor, the chief\njustice or chief judicial officer, the majority and minority leaders of\nthe defaulting state's legislature, and the state council of such\ntermination.\n 3. The defaulting state is responsible for all assessments,\nobligations and liabilities incurred through the effective date of\ntermination including any obligations, the performance of which extends\nbeyond the effective date of termination.\n 4. The interstate commission shall not bear any costs relating to the\ndefaulting state unless otherwise mutually agreed upon in writing\nbetween the interstate commission and the defaulting state.\n 5. Reinstatement following termination of any compacting state\nrequires both a reenactment of the compact by the defaulting state and\nthe approval of the interstate commission pursuant to the rules.\n C. Judicial enforcement.\n The interstate commission may, by majority vote of the members,\ninitiate legal action in the United States district court for the\nDistrict of Columbia or, at the discretion of the interstate commission,\nin the federal district where the interstate commission has its offices,\nto enforce compliance with the provisions of the compact, its duly\npromulgated rules and bylaws, against any compacting state in default.\nIn the event judicial enforcement is necessary the prevailing party\nshall be awarded all costs of such litigation including reasonable\nattorney's fees.\n D. Dissolution of compact.\n 1. The compact dissolves effective upon the date of the withdrawal or\ndefault of any compacting state, which reduces membership in the compact\nto one compacting state.\n 2. Upon the dissolution of this compact, the compact becomes null and\nvoid and shall be of no further force or effect, and the business and\naffairs of the interstate commission shall be concluded and any surplus\nfunds shall be distributed in accordance with the bylaws.\n ARTICLE XII\n SEVERABILITY AND CONSTRUCTION\n A. The provisions of this compact shall be severable, and if any\nphrase, clause, sentence or provision is deemed unenforceable, the\nremaining provisions of the compact shall be enforceable.\n B. The provisions of this compact shall be liberally construed to\neffectuate its purposes.\n ARTICLE XIII\n BINDING EFFECT OF COMPACT AND OTHER LAWS\n A. Other laws.\n 1. Nothing herein prevents the enforcement of any other law of a\ncompacting state that is not inconsistent with this compact.\n 2. All compacting states' laws other than state constitutions and\nother interstate compacts conflicting with this compact are superseded\nto the extent of the conflict.\n B. Binding effect of the compact.\n 1. All lawful actions of the interstate commission, including all\nrules and bylaws promulgated by the interstate commission, are binding\nupon the compacting states.\n 2. All agreements between the interstate commission and the compacting\nstates are binding in accordance with their terms.\n 3. Upon the request of a party to a conflict over meaning or\ninterpretation of interstate commission actions, and upon a majority\nvote of the compacting states, the interstate commission may issue\nadvisory opinions regarding such meaning or interpretation.\n 4. In the event any provision of this compact exceeds the\nconstitutional limits imposed on the legislature of any compacting\nstate, the obligations, duties, powers or jurisdiction sought to be\nconferred by such provision upon the interstate commission shall be\nineffective and such obligations, duties, powers or jurisdiction shall\nremain in the compacting state and shall be exercised by the agency\nthereof to which such obligations, duties, powers or jurisdiction are\ndelegated by law in effect at the time this compact becomes effective.\n * NB Repealed September 1, 2030\n