§ 14-6-102 — Interstate Compact for Juveniles; compact provisions generally

ARTICLE I
PURPOSE
(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 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.
(b) It is the purpose of this compact, through means of
joint and cooperative action among the compacting states to:
(i) 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;
(ii) 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;
(iii) 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;
(iv) Make contracts for the cooperative
institutionalization in public facilities in member states for
delinquent youth needing special services;
(v) Provide for the effective tracking and
supervision of juveniles;
(vi) Equitably allocate the costs, benefits and
obligations of the compacting states;
(vii) 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;
(viii) Insure immediate notice to jurisdictions where
defined offenders are authorized to travel or to relocate across
state lines;
(ix) Establish procedures to resolve pending charges
(detainers) against juvenile offenders prior to transfer or
release to the community under the terms of this compact;
(x) 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;
(xi) Monitor compliance with rules governing
interstate movement of juveniles and initiate interventions to
address and correct noncompliance;
(xii) Coordinate training and education regarding the
regulation of interstate movement of juveniles for officials
involved in such activity; and
(xiii) 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
(a) As used in this compact, unless the context clearly
requires a different construction:
(i) "Bylaws" means those bylaws established by the
interstate commission for its governance, or for directing or
controlling its actions or conduct;
(ii) "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;
(iii) "Compacting state" means any state which has
enacted the enabling legislation for this compact;
(iv) "Commissioner" means the voting representative
of each compacting state appointed pursuant to article III of
this compact;
(v) "Court" means any court having jurisdiction over
delinquent, neglected or dependent children;
(vi) "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;
(vii) "Interstate commission" means the Interstate
Commission for Juveniles created by article III of this compact;
(viii) "Juvenile" means any person defined as a
juvenile in any member state or by the rules of the interstate
commission, including:
(A) Accused delinquent – a person charged with
an offense that, if committed by an adult, would be a criminal
offense;
(B) Adjudicated delinquent – a person found to
have committed an offense that, if committed by an adult, would
be a criminal offense;
(C) Accused status offender – a person charged
with an offense that would not be a criminal offense if
committed by an adult;
(D) Adjudicated status offender - a person found
to have committed an offense that would not be a criminal
offense if committed by an adult; and
(E) Nonoffender – a person in need of
supervision who has not been accused or adjudicated a status
offender or delinquent.
(ix) "Noncompacting state" means any state which has
not enacted the enabling legislation for this compact;
(x) "Probation or parole" means any kind of
supervision or conditional release of juveniles authorized under
the laws of the compacting states;
(xi) "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;
(xii) "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 Mariana 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 any 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 that 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. The noncommissioner members
shall 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
noncommissioner members of the interstate commission shall be
nonvoting ex officio members. The interstate commission may
provide in its bylaws for additional nonvoting ex officio
members, including members of other national organizations, in
numbers as shall be determined by the commission.
(d) Each compacting state represented at any meeting of
the commission is entitled to one (1) 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 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 bylaws. 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 amendment to
the compact. The executive committee shall:
(i) Oversee the day-to-day activities of the
administration of the compact managed by an executive director
and interstate commission staff;
(ii) Administer enforcement and compliance with the
provisions of the compact, its bylaws and rules; and
(iii) Perform other duties as directed by the
interstate commission or set forth in the bylaws.
(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 bylaws may provide
for members' participation in meetings by telephone or other
means of telecommunication or electronic communication.
(h) The interstate commission's 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 they would adversely affect personal privacy rights
or proprietary interests.
(j) 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 (2/3) vote that an open
meeting would be likely to:
(i) Relate solely to the interstate commission's
internal personnel practices and procedures;
(ii) Disclose matters specifically exempted from
disclosure by statute;
(iii) Disclose trade secrets or commercial or
financial information which is privileged or confidential;
(iv) Involve accusing any person of a crime, or
formally censuring any person;
(v) Disclose information of a personal nature where
disclosure would constitute a clearly unwarranted invasion of
personal privacy;
(vi) Disclose investigative records compiled for law
enforcement purposes;
(vii) 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 the person or entity;
(viii) Disclose information, the premature disclosure
of which would significantly endanger the stability of a
regulated person or entity; or
(ix) Specifically relate to the interstate
commission's issuance of a subpoena, or its participation in a
civil action or other legal proceeding.
(k) 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 the minutes.
(m) 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. The 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
(a) The commission shall have the following powers and
duties:
(i) To provide for dispute resolution among
compacting states;
(ii) 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;
(iii) To oversee, supervise and coordinate the
interstate movement of juveniles subject to the terms of this
compact and any bylaws adopted and rules promulgated by the
interstate commission;
(iv) To enforce compliance with the compact
provisions, the rules promulgated by the interstate commission
and the bylaws, using all necessary and proper means, including
but not limited to, the use of judicial process;
(v) To establish and maintain offices which shall be
located within one (1) or more of the compacting states;
(vi) To purchase and maintain insurance and bonds;
(vii) To borrow, accept, hire or contract for
services of personnel;
(viii) 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;
(ix) To elect or appoint 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;
(x) To accept any and all donations and grants of
money, equipment, supplies, materials and services, and to
receive, utilize and dispose of it;
(xi) To lease, purchase, accept contributions or
donations of, or otherwise to own, hold, improve or use any
real, personal or mixed property;
(xii) To sell, convey, mortgage, pledge, lease,
exchange, abandon or otherwise dispose of any real, personal or
mixed property;
(xiii) To establish a budget and make expenditures
and levy dues as provided in article VIII of this compact;
(xiv) To sue and be sued;
(xv) To adopt a seal and bylaws governing the
management and operation of the interstate commission;
(xvi) To perform functions as may be necessary or
appropriate to achieve the purposes of this compact;
(xvii) 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. The reports shall also include any
recommendations that may have been adopted by the interstate
commission;
(xviii) To coordinate education, training and public
awareness regarding the interstate movement of juveniles for
officials involved in those activities;
(xix) To establish uniform standards of the
reporting, collecting and exchanging of data;
(xx) The interstate commission shall maintain its
corporate books and records in accordance with the bylaws.
ARTICLE V
ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
Section A. Bylaws
(a) The interstate commission shall, by a majority of the
members present and voting, within twelve (12) months after the
first interstate commission meeting, adopt bylaws to govern its
conduct as may be necessary or appropriate to carry out the
purposes of the compact, including, but not limited to:
(i) Establishing the fiscal year of the interstate
commission;
(ii) Establishing an executive committee and other
committees as may be necessary;
(iii) Provide for the establishment of committees
governing any general or specific delegation of any authority or
function of the interstate commission;
(iv) Providing reasonable procedures for calling and
conducting meetings of the interstate commission and ensuring
reasonable notice of each meeting;
(v) Establishing the titles and responsibilities of
the officers of the interstate commission;
(vi) 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 reserving of all of its debts and
obligations;
(vii) Providing "start-up" rules for initial
administration of the compact; and
(viii) Establishing standards and procedures for
compliance and technical assistance in carrying out the compact.
Section B. Officers and Staff
(a) 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 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
elected officers 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.
(b) The interstate commission shall, through its executive
committee, appoint or retain an executive director for a
designated period, upon terms and conditions and for
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 other staff as may be authorized by the interstate
commission.
Section C. Qualified Immunity, Defense
and Indemnification
(a) 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 the person had a reasonable
basis for believing occurred within the scope of commission
employment, duties or responsibilities, provided that the 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 the person.
(b) The liability of any commissioner, or the employee or
agent of a commissioner, acting within the scope of the person's
employment or duties for acts, errors or omissions occurring
within the 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 person from suit or
liability for any damage, loss, injury or liability caused by
the intentional or willful and wanton misconduct of the person.
(c) 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 the 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 the person.
(d) 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 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 those 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 those 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 bylaws and rules adopted pursuant
thereto. The 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
another administrative procedures act, as the interstate
commission deems appropriate consistent with due process
requirements under the United States Constitution as now or
hereafter interpreted by the United States 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:
(i) Publish the proposed rule's entire text stating
the reason for that proposed rule;
(ii) Allow and invite any person to submit written
data, facts, opinions and arguments, which information shall be
added to the record and be made publicly available;
(iii) Provide an opportunity for an informal hearing
if petitioned by ten (10) or more persons; and
(iv) 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 (60) 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 the 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 the 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 the 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
(a) 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 the activities being administered in noncompacting
states which may significantly affect compacting states.
(b) 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 the
proceeding, and shall have standing to intervene in the
proceeding for all purposes.
Section B. Dispute Resolution
(a) 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 bylaws and rules.
(b) 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 noncompacting
states. The commission shall promulgate a rule providing for
both mediation and binding dispute resolution for disputes among
the compacting states.
(c) 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 shall 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 the
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
bylaws. 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 shall
consist of one (1) member of the legislature appointed on an
alternating basis by the president of the senate and the speaker
of the house, with the president appointing the first member.
The board of judicial policy and administration shall appoint
one (1) member. There shall be one (1) representative of the
victim services division of the attorney general's office and
two (2) members from the executive branch appointed by the
governor one (1) of whom shall be designated as the
commissioner. The appointments shall be made for two (2) year
terms beginning on the enactment of the Interstate Compact for
Juveniles into law by the thirty-fifth jurisdiction or July 1,
2004, whichever date occurs later. The department of family
services shall provide support for the council and expenses as
provided for in W.S. 9-3-102 and 9-3-103. The state council
shall appoint the compact administrator and may appoint a deputy
compact administrator who shall be members of the council and
whose terms shall be concurrent with the council members. 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 Mariana 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
thirty-five (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 nonmember
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 until it is enacted into
law by unanimous consent of the compacting states.
ARTICLE XI
WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT
Section A. Withdrawal
(a) Once effective, the compact shall continue in force
and remain binding upon each compacting state, provided that a
compacting state may withdraw from the compact by specifically
repealing the statute which enacted the compact into law.
(b) The effective date of withdrawal is the effective date
of the repeal.
(c) 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 (60) days of its receipt thereof.
(d) 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.
(e) Reinstatement following withdrawal of any compacting
state shall occur upon the withdrawing state reenacting the
compact or upon a later date as determined by the interstate
commission.
Section B. Technical Assistance, Fines, Suspension, Termination
and Default
(a) 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 bylaws or duly promulgated rules, the interstate
commission may impose any or all of the following penalties:
(i) Remedial training and technical assistance as
directed by the interstate commission;
(ii) Alternative dispute resolution;
(iii) Fines, fees and costs in amounts as are deemed
to be reasonable as fixed by the interstate commission; and
(iv) Suspension or termination of membership in the
compact, which shall be imposed only after all other reasonable
means of securing compliance under the bylaws 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 the obligations or
responsibilities imposed upon it by this compact, the bylaws or
duly promulgated rules and any other grounds designated in
commission bylaws 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 shall 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.
(b) Within sixty (60) 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 the termination.
(c) 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.
(d) 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.
(e) 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
bylaws, against any compacting state in default. In the event
judicial enforcement is necessary the prevailing party shall be
awarded all costs of the litigation, including reasonable
attorneys fees.
Section D. Dissolution of Compact
(a) The compact dissolves effective upon the date of the
withdrawal or default of the compacting states, which reduces
membership in the compact to one (1) compacting state.
(b) 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 bylaws.
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
(a) Nothing herein prevents the enforcement of any other
law of a compacting state that is not inconsistent with this
compact.
(b) 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
(a) All lawful actions of the interstate commission,
including all rules and bylaws promulgated by the interstate
commission, are binding upon the compacting states.
(b) All agreements between the interstate commission and
the compacting states are binding in accordance with their
terms.
(c) 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 the meaning or
interpretation.
(d) 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 the provision upon the
interstate commission shall be ineffective and the obligations,
duties, powers or jurisdiction shall remain in the compacting
state and shall be exercised by the agency thereof to which the
obligations, duties, powers or jurisdiction are delegated by law
in effect at the time this compact becomes effective.