§ 938.999 — Interstate Compact for Juveniles.

Wisconsin § 938.999

• Jurisdiction: Wisconsin
• Ch. 938: Juvenile justice code
• Subch.: subch. XX of ch. 938 SUBCHAPTER XX

Text

938.999
938.999(1) (1) Article I — Purpose.
938.999(1)(a) (a) 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 the U.S. Congress, by enacting the Crime Control Act, 4 USC 112 , has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime.
938.999(1)(b) (b) It is the purpose of this compact, through means of joint and cooperative action among the compacting states, to do all of the following:
938.999(1)(b)1. 1. Ensure that the adjudicated juveniles and status offenders who are subject to this compact are provided with adequate supervision and services in the receiving state as ordered by the adjudicating judge or parole authority in the sending state.
938.999(1)(b)2. 2. 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.
938.999(1)(b)3. 3. Return juveniles who have run away, absconded, or escaped from supervision or control or who have been accused of an offense to the state requesting their return.
938.999(1)(b)4. 4. Make contracts for the cooperative institutionalization in public facilities in member states of delinquent youth needing special services.
938.999(1)(b)5. 5. Provide for the effective tracking and supervision of juveniles.
938.999(1)(b)6. 6. Equitably allocate the costs, benefits, and obligations of the compact among the compacting states.
938.999(1)(b)7. 7. Establish procedures to manage the movement between states of juvenile offenders who are released to the community under the jurisdiction of courts, juvenile departments, or other criminal or juvenile justice agencies that have jurisdiction over juvenile offenders.
938.999(1)(b)8. 8. Ensure that immediate notice is given to jurisdictions where defined offenders are authorized to travel or to relocate across state lines.
938.999(1)(b)9. 9. Establish procedures to resolve pending charges or detainers against juvenile offenders before transfer or release to the community under this compact.
938.999(1)(b)10. 10. Establish a system of uniform data collection of information pertaining to juveniles who are subject to this compact that allows access by authorized juvenile justice and criminal justice officials and a system of regular reporting of compact activities to heads of state executive, judicial, and legislative branches and juvenile and criminal justice administrators.
938.999(1)(b)11. 11. Monitor compliance with the rules governing the interstate movement of juveniles and intervene to address and correct any noncompliance with those rules.
938.999(1)(b)12. 12. Coordinate training and education regarding the regulation of the interstate movement of juveniles for officials who are involved in that activity.
938.999(1)(b)13. 13. Coordinate the implementation and operation of this compact with the Interstate Compact on the Placement of Children under ss. 48.988 and 48.989 , the Interstate Compact for the Placement of Children under s. 48.99 , the Interstate Compact for Adult Offender Supervision under s. 304.16 , and other compacts affecting juveniles, particularly in those cases in which concurrent or overlapping supervision issues arise.
938.999(1)(c) (c) It is the policy of the compacting states that the activities conducted by the interstate commission are the formation of public policies and, therefore, are public business. Furthermore, the compacting states shall cooperate with each other and observe their individual and collective duties and responsibilities for the prompt return and acceptance of juveniles who are subject to this compact.
938.999(1)(d) (d) The compact shall be reasonably and liberally construed to accomplish the purposes and policies of the compact.
938.999(2) (2) Article II — Definitions. In this section:
938.999(2)(a) (a) “Bylaws” means the bylaws established by the interstate commission for its governance or for directing or controlling its actions or conduct.
938.999(2)(b) (b) “Commissioner” means the voting representative of each compacting state appointed under sub. (3) (b) .
938.999(2)(c) (c) “Compact administrator” means the person appointed under this compact in each compacting state who is responsible for the administration and management of the state’s supervision and transfer of juveniles who are subject to this compact, the rules, and the policies adopted by the state board under this compact.
938.999(2)(d) (d) “Compacting state” means a state that has enacted the enabling legislation for this compact.
938.999(2)(e) (e) “Court” means a court having jurisdiction over delinquent, neglected, or dependent juveniles.
938.999(2)(f) (f) “Deputy compact administrator” means the person, if any, appointed in each compacting state to act on behalf of a compact administrator in the administration and management of the state’s supervision and transfer of juveniles who are subject to this compact, the rules, and the policies adopted by the state board under this compact.
938.999(2)(g) (g) “Interstate commission” means the interstate commission for juveniles established under sub. (3) (a) .
938.999(2)(h) (h) “Juvenile” means a person who is defined as a juvenile under the law of any compacting state or by the rules, including all of the following:
938.999(2)(h)1. 1. An accused delinquent. For purposes of this subdivision, “accused delinquent” means a person who is charged with an offense that, if committed by an adult, would be a criminal offense.
938.999(2)(h)2. 2. An adjudicated delinquent. For purposes of this subdivision, “adjudicated delinquent” means a person who has been found to have committed an offense that, if committed by an adult, would be a criminal offense.
938.999(2)(h)3. 3. An accused status offender. For purposes of this subdivision, “accused status offender” means a person who is charged with an offense that would not be a criminal offense if committed by an adult.
938.999(2)(h)4. 4. An adjudicated status offender. For purposes of this subdivision, “adjudicated status offender” means a person who has been found to have committed an offense that would not be a criminal offense if committed by an adult.
938.999(2)(h)5. 5. A nonoffender. For purposes of this subdivision, “nonoffender” means a person who is in need of supervision, but who has not been charged with or found to have committed an offense.
938.999(2)(i) (i) “Noncompacting state” means a state that has not enacted the enabling legislation for this compact.
938.999(2)(j) (j) “Probation or parole” means any kind of supervision or conditional release of a juvenile that is authorized under the laws of a compacting state.
938.999(2)(k) (k) “Rule” means a written statement by the interstate commission promulgated under sub. (6) that is of general applicability; that implements, interprets, or prescribes a policy or provision of the compact or an organizational, procedural, or practice requirement of the interstate commission; and that has the force of statutory law in a compacting state. “Rule” includes the amendment, repeal, or suspension of an existing rule.
938.999(2)(L) (L) “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, or the Northern Marianas Islands.
938.999(2)(m) (m) “State board” means the state board for interstate juvenile supervision created by each compacting state under sub. (9) .
938.999(3) (3) Article III — Interstate Commission for Juveniles.
938.999(3)(a) (a) There is created the interstate commission for juveniles. The interstate commission shall be a body corporate and joint agency of the compacting states. The interstate commission shall have all of the responsibilities, powers, and duties specified in this section and such additional powers as may be conferred upon the interstate commission by subsequent action of the respective legislatures of the compacting states exercised in accordance with this compact.
938.999(3)(b) (b) The interstate commission shall consist of commissioners appointed by the appropriate appointing authority in each compacting state under the requirements of the compacting state and in consultation with the state board of the compacting state. The commissioner shall be the compact administrator, deputy compact administrator, or designee from the compacting state and shall serve on the interstate commission in that capacity under the applicable law of the compacting state.
938.999(3)(c) (c) In addition to the commissioners who are the voting representatives of each compacting state, the interstate commission shall include, as nonvoting members, persons who are members of interested organizations. Those nonvoting members shall include members of the national organizations of governors, legislators, state supreme court chief justices, attorneys general, juvenile justice and juvenile corrections officials, and crime victims and members of the Interstate Compact on the Placement of Children, the Interstate Compact for the Placement of Children, and the Interstate Compact for Adult Offender Supervision. The interstate commission may provide in the bylaws for the inclusion of additional nonvoting members, including members of other national organizations, in such numbers as may be determined by the interstate commission.
938.999(3)(d) (d) 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 bylaws.
938.999(3)(e) (e) The interstate commission shall meet at least once each 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, except as provided in par. (i) , meetings shall be open to the public.
938.999(3)(f) (f) The interstate commission shall establish an executive committee, which shall include officers and members of the interstate commission and others as determined by the bylaws. The executive committee may act on behalf of the interstate commission during periods when the interstate commission is not in session, with the exception of rule making and amending the compact. The executive committee shall oversee the day-to-day activities of the administration of the compact that are managed by an executive director and interstate commission staff; administer enforcement of and compliance with the compact, the bylaws, and the rules; and perform such other duties as directed by the interstate commission or as specified in the bylaws.
938.999(3)(g) (g) Each commissioner is entitled to cast the vote to which the compacting state represented by the commissioner is entitled and to participate in the business and affairs of the interstate commission. A commissioner shall vote in person and may not delegate a vote to another compacting state, except that a commissioner, in consultation with the state board of the commissioner’s state, may appoint another authorized representative, in the absence of the commissioner, to cast a vote on behalf of the compacting state at a specified meeting. The bylaws may provide for members’ participation in meetings by telephone or by other means of telecommunication or electronic communication.
938.999(3)(h) (h) The bylaws 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 that the information or records would adversely affect personal privacy rights or proprietary interests.
938.999(3)(i) (i) Public notice shall be given of all meetings, and all meetings shall be open to the public, except as specified 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 if the interstate commission or committee determines by a two-thirds vote that an open meeting would be likely to do any of the following:
938.999(3)(i)1. 1. Relate solely to the interstate commission’s internal personnel practices and procedures.
938.999(3)(i)2. 2. Disclose matters that are specifically exempted from disclosure by statute.
938.999(3)(i)3. 3. Disclose trade secrets or commercial or financial information that is privileged or confidential.
938.999(3)(i)4. 4. Involve accusing any person of a crime or formally censuring any person.
938.999(3)(i)5. 5. Disclose information that is of a personal nature, if disclosure of the information would constitute a clearly unwarranted invasion of personal privacy.
938.999(3)(i)6. 6. Disclose investigative records that have been compiled for law enforcement purposes.
938.999(3)(i)7. 7. Disclose information that is contained in or related to an examination, operating, or condition report prepared by, on behalf of, or for the use of the interstate commission with respect to a regulated person for the purpose of regulation or supervision of that person.
938.999(3)(i)8. 8. Disclose information, the premature disclosure of which would significantly endanger the stability of a regulated person.
938.999(3)(i)9. 9. Specifically relate to the interstate commission’s issuance of a subpoena or the participation of the interstate commission in a civil action or other legal proceeding.
938.999(3)(j) (j) For every meeting that is closed under par. (i) , the interstate commission’s legal counsel shall publicly certify that, in the opinion of the legal counsel, the meeting may be closed to the public and shall reference each provision under par. (i) 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 for those actions, including a description of each of the views expressed on any item and the record of any roll call vote reflecting the vote of each commissioner on the question. All documents considered in connection with any action shall be identified in the minutes.
938.999(3)(k) (k) The interstate commission shall collect standardized data concerning the interstate movement of juveniles as directed by the rules. The rules shall specify the date to be collected and the means of collection and shall specify data exchange and reporting requirements. Those methods of data collection, exchange, and reporting shall, insofar as is reasonably possible, conform to up-to-date technology and shall coordinate the interstate commission’s information functions with the appropriate repository of records.
938.999(4) (4) Article IV — Powers and Duties of the Interstate Commission. The interstate commission shall have the power and duty to do all of the following:
938.999(4)(a) (a) Provide for dispute resolution among compacting states.
938.999(4)(b) (b) Promulgate rules to effect the purposes and obligations enumerated in this compact, which rules shall have the effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact.
938.999(4)(c) (c) Oversee, supervise, and coordinate the interstate movement of juveniles who are subject to this compact, the bylaws, and the rules.
938.999(4)(d) (d) Enforce compliance with the compact, the bylaws, and the rules, using all necessary and proper means, including the use of judicial process.
938.999(4)(e) (e) Establish and maintain offices that shall be located within one or more of the compacting states.
938.999(4)(f) (f) Purchase and maintain insurance and bonds.
938.999(4)(g) (g) Borrow, accept, hire, or contract for the services of personnel.
938.999(4)(h) (h) Establish and appoint committees and hire staff that the interstate commission considers necessary for carrying out its functions, including an executive committee as required by sub. (3) (f) , which shall have the power to act on behalf of the interstate commission in carrying out the powers and duties of the interstate commission under this compact.
938.999(4)(i) (i) Elect or appoint officers, attorneys, employees, agents, or consultants; fix their compensation, define their duties, and determine their qualifications; and establish the personnel policies and programs of the interstate commission relating to, among other things, conflicts of interest, rates of compensation, and qualifications of personnel.
938.999(4)(j) (j) Accept, receive, utilize, and dispose of donations and grants of money, equipment, supplies, materials, and services.
938.999(4)(k) (k) Lease, purchase, accept contributions or donations of, or otherwise own, hold, improve, or use any property, real, personal, or mixed.
938.999(4)(L) (L) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed.
938.999(4)(m) (m) Establish a budget and make expenditures and levy assessments as provided in sub. (8) .
938.999(4)(n) (n) Sue and be sued.
938.999(4)(o) (o) Adopt a seal and bylaws governing the management and operation of the interstate commission.
938.999(4)(p) (p) Perform such functions as may be necessary to achieve the purposes of this compact.
938.999(4)(q) (q) Report annually to the legislatures, governors, judiciary, and state boards of the compacting states concerning the activities of the interstate commission during the preceding year. Those reports shall also include any recommendations that have been adopted by the interstate commission.
938.999(4)(r) (r) Coordinate education, training, and public awareness regarding the interstate movement of juveniles for officials who are involved in that activity.
938.999(4)(s) (s) Establish uniform standards for reporting, collecting, and exchanging data.
938.999(4)(t) (t) Maintain the corporate books and records of the interstate commission in accordance with the bylaws.
938.999(5) (5) Article V — Organization and Operation of the Interstate Commission.
938.999(5)(a) (a) Bylaws. Within 12 months after the first meeting of the interstate commission, the interstate commission shall, by a majority vote of the members present and voting, adopt bylaws to govern the conduct of the interstate commission as may be necessary to carry out the purposes of the compact, including bylaws that do all of the following:
938.999(5)(a)1. 1. Establish the fiscal year of the interstate commission.
938.999(5)(a)2. 2. Establish an executive committee and such other committees as may be necessary.
938.999(5)(a)3. 3. Provide for the establishment of committees governing any general or specific delegation of any authority or function of the interstate commission.
938.999(5)(a)4. 4. Provide reasonable procedures for calling and conducting meetings of the interstate commission and for ensuring reasonable notice of each meeting.
938.999(5)(a)5. 5. Establish the titles and responsibilities of the officers of the interstate commission.
938.999(5)(a)6. 6. Provide a mechanism for concluding the operations of the interstate commission and for returning any surplus funds that may exist upon the termination of the compact after the payment or reserving of all of the debts and obligations of the interstate commission.
938.999(5)(a)7. 7. Provide rules for the initial administration of the compact.
938.999(5)(a)8. 8. Establish standards and procedures for compliance and technical assistance in carrying out the compact.
938.999(5)(b) (b) Officers and staff.
938.999(5)(b)1. 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 bylaws. 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, except 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.
938.999(5)(b)2. 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 consider appropriate. The executive director shall serve as secretary to the interstate commission, but may not be a member of the interstate commission, and shall hire and supervise such other staff as may be authorized by the interstate commission.
938.999(5)(c) (c) Qualified immunity, defense, and indemnification.
938.999(5)(c)1. 1. The executive director, employees, and representatives 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, personal injury, or other civil liability caused by, arising out of, or relating to any actual or alleged act, error, or omission that occurred within the scope of interstate commission employment, duties, or responsibilities, or that the person had a reasonable basis for believing occurred within the scope of interstate commission employment, duties, or responsibilities, except that this subdivision does not protect any person from suit or liability for any damage, loss, injury, or liability that is caused by the intentional or willful and wanton misconduct of that person.
938.999(5)(c)2. 2. The liability of any commissioner, or the employee or agent of a commissioner, acting within the scope of that person’s employment or duties for any act, error, or omission occurring within that person’s state may not exceed the limits of liability specified under the constitution and laws of that state for state officials, employees, and agents, except that this subdivision does not protect any person from suit or liability for any damage, loss, injury, or liability that is caused by the intentional or willful and wanton misconduct of that person.
938.999(5)(c)3. 3. The interstate commission shall defend the executive director, employees, and 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 a commissioner and a commissioner’s employees and agents, 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 person had a reasonable basis for believing occurred within the scope of interstate commission employment, duties, or responsibilities, if the actual or alleged act, error, or omission did not result from the intentional or willful and wanton misconduct of that person.
938.999(5)(c)4. 4. The interstate commission shall indemnify and hold harmless the commissioner of a compacting state, the commissioner’s employees and agents, and the interstate commission’s executive director, employees, and representatives in the amount of any settlement or judgment obtained against those 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 the person had a reasonable basis for believing occurred within the scope of interstate commission employment, duties, or responsibilities, if the actual or alleged act, error, or omission did not result from the intentional or willful and wanton misconduct of that person.
938.999(6) (6) Article VI — Rule-making Function of the Interstate Commission.
938.999(6)(a) (a) The interstate commission shall promulgate and publish rules in order to effectively and efficiently achieve the purposes of the compact.
938.999(6)(b) (b) Rule making shall occur under the criteria specified in this subsection and the bylaws and rules adopted under this subsection. Rule making shall substantially conform to the principles of the Model State Administrative Procedure Act, 1981 Act, Uniform Laws Annotated, volume 15, page 1, (2000), or any other administrative procedure act that the interstate commission considers appropriate, consistent with the due process requirements under the U.S. Constitution. All rules and amendments to the rules shall become binding as of the date specified in the final rule or amendment.
938.999(6)(c) (c) When promulgating a rule, the interstate commission shall do all of the following:
938.999(6)(c)1. 1. Publish the entire text of the proposed rule and state the reason for the proposed rule.
938.999(6)(c)2. 2. Allow and invite persons to submit written data, facts, opinions, and arguments, which shall be added to the rule-making record and be made publicly available.
938.999(6)(c)3. 3. Provide an opportunity for an informal hearing, if petitioned by 10 or more persons.
938.999(6)(c)4. 4. Promulgate a final rule and its effective date, if appropriate, based on the rule-making record, including input from state or local officials and other interested parties.
938.999(6)(d) (d) Not later that 60 days after a rule is promulgated, any interested person may file a petition in the U.S. district court for the District of Columbia or in the federal district court for the district in which the interstate commission’s principal office is located for judicial review of that rule. If the court finds that the interstate commission’s action is not supported by substantial evidence in the rule-making record, the court shall hold the rule unlawful and set the rule aside. For purposes of this paragraph, evidence is substantial if the evidence would be considered substantial evidence under the Model State Administrative Procedure Act.
938.999(6)(e) (e) If a majority of the legislatures of the compacting states reject a rule by enactment of a statute or resolution in the same manner used to adopt the compact, the rule shall have no further effect in any compacting state.
938.999(6)(g) (g) If the interstate commission determines that an emergency exists, the interstate commission may promulgate an emergency rule that shall become effective immediately upon promulgation, except that the usual rule-making procedures provided under this subsection shall be retroactively applied to the rule as soon as is reasonably possible, but no later than 90 days after the effective date of the emergency rule.
938.999(7) (7) Article VII — Oversight, Enforcement, and Dispute Resolution by the Interstate Commission.
938.999(7)(a) (a) Oversight and enforcement.
938.999(7)(a)1. 1. The interstate commission shall oversee the administration and operations of the interstate movement of juveniles who are subject to this compact in the compacting states and shall monitor those activities being administered in noncompacting states that may significantly affect compacting states.
938.999(7)(a)2. 2. The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions that are necessary to effectuate the purposes and intent of the compact. This compact and the rules shall be received by all of the judges, public officers, commissions, and departments of each compacting state as evidence of the authorized statute and administrative rules. All courts shall take judicial notice of the compact and rules. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact that may affect the powers, responsibilities, or actions of the interstate commission, the interstate commission shall be entitled to receive all service of process in the proceeding and shall have standing to intervene in the proceeding for all purposes.
938.999(7)(b) (b) Dispute resolution.
938.999(7)(b)1. 1. The compacting states shall report to the interstate commission on all issues and activities that are necessary for the administration of the compact and on all issues and activities that pertain to compliance with this compact, the bylaws, and the rules.
938.999(7)(b)2. 2. The interstate commission shall attempt, upon the request of a compacting state, to resolve any dispute or other issue that is subject to the compact and that may arise among compacting states or between compacting states and noncompacting states. The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.
938.999(7)(b)3. 3. The interstate commission, in the reasonable exercise of its discretion, shall enforce this compact and the rules, using any or all of the means specified in sub. (11) (b) and (c) .
938.999(8) (8) Finance.
938.999(8)(a) (a) The interstate commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities.
938.999(8)(b) (b) The interstate commission shall levy on and collect from each compacting state an annual assessment to cover the cost of the internal operations and activities of the interstate commission and its staff. The aggregate amount of the annual assessment shall be in an amount that is sufficient to cover the annual budget of the interstate commission as approved each year and shall be allocated among the compacting states 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. The interstate commission shall promulgate a rule binding on all compacting states that governs the assessment.
938.999(8)(c) (c) The interstate commission may not incur any obligations of any kind before securing funds adequate to meet those obligations; nor may the interstate commission pledge the credit of any compacting state, except by and with the authority of the compacting state.
938.999(8)(d) (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 the bylaws. 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.
938.999(9) (9) Article IX — The State Board. Each compacting state shall create a state board. Although each compacting state may determine the membership of its own state board, the membership of the state board of each compacting state shall include the compact administrator, the deputy compact administrator, or a designee, at least one representative from the legislative, judicial, and executive branches of government, and one representative of victims groups. Each compacting state retains the right to determine the qualifications of the compact administrator and deputy compact administrator. Each state board shall advise and may exercise oversight and advocacy concerning that state’s participation in interstate commission activities and may exercise any other duties as may be determined by that state, including the development of policy concerning the operations and procedures of the compact within that state.
938.999(10) (10) Article X — Compacting States, Effective Date, and Amendment.
938.999(10)(a) (a) Any state is eligible to become a compacting state.
938.999(10)(b) (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 of the compact shall be July 1, 2005, or upon enactment into law by the 35th state, whichever is later. After that initial effective date, the compact shall become effective and binding as to any other compacting state upon enactment of the compact into law by that compacting state. The governors of noncompacting states or their designees shall be invited to participate in the activities of the interstate commission on a nonvoting basis before adoption of the compact by all states.
[Note: 938.999 Note NOTE: On August 26, 2008, Illinois became the 35th state to ratify.]
938.999(10)(c) (c) The interstate commission may propose amendments to the compact for enactment by the compacting states. An amendment does not become effective and binding upon the interstate commission and the compacting states until the amendment is enacted into law by the unanimous consent of the compacting states.
938.999(11) (11) Article XI — Withdrawal, Default, Judicial Enforcement, and Dissolution.
938.999(11)(a) (a) Withdrawal.
938.999(11)(a)1. 1. Once effective, the compact shall continue in effect and remain binding upon each compacting state, except that a compacting state may withdraw from the compact by specifically repealing the statute that enacted the compact into law in that state and a compacting state’s membership in the compact may be suspended or terminated as provided in par. (b) 1. d. and 3. The effective date of a withdrawal by a compacting state is the effective date of the repeal of the statute that enacted the compact into law in that state.
938.999(11)(a)2. 2. A withdrawing state shall immediately notify the chairperson of the interstate commission in writing upon the introduction of legislation repealing the compact in the withdrawing state. The interstate commission shall notify the other compacting states of the withdrawing state’s intent to withdraw within 60 days after receiving the written notice of intent to withdraw.
938.999(11)(a)3. 3. A 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 the withdrawal.
938.999(11)(a)4. 4. Reinstatement in the compact following the 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.
938.999(11)(b) (b) Default.
938.999(11)(b)1. 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, the bylaws, or the rules, the interstate commission may impose on the compacting state any or all of the following penalties:
938.999(11)(b)2. 2. The grounds for default include the failure of a compacting state to perform any obligations or responsibilities imposed upon the compacting state by this compact, the bylaws, or the rules and any other ground designated in the bylaws or rules.
938.999(11)(b)3. 3. If the interstate commission determines that a compacting state has defaulted, the interstate commission shall immediately notify the defaulting state in writing of the default and of the penalty imposed by the interstate commission pending a cure of the default. The interstate commission shall stipulate the conditions under which and the time period within which the defaulting state shall cure its default. If the defaulting state fails to cure the default within the time period specified by the interstate 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 beginning on the effective date of termination. Within 60 days after the effective date of termination of a defaulting state, the interstate commission shall notify the governor of the defaulting state, the chief justice of the supreme court or the chief judicial officer of that state, the majority and minority leaders of the legislature of that state, and the state board of that state of the termination.
938.999(11)(b)4. 4. A 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.
938.999(11)(b)5. 5. The interstate commission shall not bear any costs relating to a defaulting state unless otherwise mutually agreed upon in writing between the interstate commission and the defaulting state.
938.999(11)(b)6. 6. 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 under the rules.
938.999(11)(c) (c) Judicial enforcement. The interstate commission may, by a majority vote of the members, initiate legal action in the U.S. district court for the District of Columbia or, at the discretion of the interstate commission, in the federal district court for the district in which the interstate commission has its offices to enforce compliance with the compact, the bylaws, and the rules against any compacting state that is in default. If judicial enforcement is necessary, the prevailing party shall be awarded all costs of the litigation, including reasonable attorney fees.
938.999(11)(d) (d) Dissolution. The compact dissolves effective upon the date of a withdrawal or default of a compacting state that reduces membership in the compact to one compacting state. Upon dissolution of the compact, the compact becomes void and shall be of no further effect, the business and affairs of the interstate commission shall be concluded, and any surplus funds shall be distributed in accordance with the bylaws.
938.999(12) (12) Article XII — Construction. The provisions of this compact shall be liberally construed to effectuate the purposes of the compact.
938.999(13) (13) Article XIII — Binding Effect of Compact and Other Laws.
938.999(13)(a) (a) Other laws. This compact does not prevent the enforcement of any other law of a compacting state that is not inconsistent with this compact. All compacting states’ laws, other than state constitutions and other interstate compacts, that conflict with this compact are superseded to the extent of the conflict.
938.999(13)(b) (b) Binding effect of the compact.
938.999(13)(b)1. 1. All lawful actions of the interstate commission, including the bylaws and rules, are binding upon the compacting states.
938.999(13)(b)2. 2. All agreements between the interstate commission and the compacting states are binding in accordance with their terms.
938.999(13)(b)3. 3. Upon the request of a party to a conflict over the meaning or interpretation of an interstate commission action and upon a majority vote of the compacting states, the interstate commission may issue an advisory opinion regarding that meaning or interpretation.
938.999(13)(b)4. 4. If a 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 that provision upon the interstate commission shall be ineffective, and those obligations, duties, powers, or jurisdiction shall remain in the compacting state and shall be exercised by the agency of the compacting state to which those obligations, duties, powers, or jurisdiction are delegated by the law that is in effect at the time that this compact becomes effective.

Legislative History

938.999 History History: 2005 a. 234 ; 2009 a. 339 ; 2015 a. 159 .