§ 62-4-216 — Construction and severability

(a) This compact and the commission's rulemaking authority must be liberally construed so as to effectuate the purposes and the implementation and administration of this compact. Provisions of this compact expressly authorizing or requiring the promulgation of rules must not be construed to limit the commission's rulemaking authority solely for those purposes. (b) The provisions of this compact are severable and, if any phrase, clause, sentence, or provision of this compact is held by a court of competent jurisdiction to be contrary to the constitution of any member state, a state seeking participation in the compact, or of the United States, or the applicability thereof to any government, agency, person, or circumstance is held to be unconstitutional by a court of competent jurisdiction, then the validity of the remainder of this compact and the applicability thereof to any other government, agency, person, or circumstance must not be affected thereby. (c) Notwithstanding subsection (b), the commission may deny a state's participation in this compact or, in accordance with the requirements of § 62-4-214 , terminate a member state's participation in this compact, if it determines that a constitutional requirement of a member state is a material departure from this compact. Otherwise, if this compact is held to be contrary to the constitution of any member state, then the compact must remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.

Legislative History

Added by 2024 Tenn. Acts, ch. 1060,s 1, eff. 7/1/2024.