§ 7-13-423 — Compact provisions generally

Wyoming § 7-13-423

• Jurisdiction: Wyoming
• Title 07: Criminal Procedure
• Ch. 13: SENTENCE AND IMPRISONMENT
• Art. 4: PROBATION AND PAROLE GENERALLY

Text

The interstate compact for the supervision of adult offenders as
contained herein is hereby enacted into law and entered into on
behalf of this state with any and all other states legally
joining therein in a form substantially as follows.
Article I
Purpose
(a) The compacting states to this interstate compact
recognize that each state is responsible for the supervision of
adult offenders in the community who are authorized pursuant to
the bylaws and rules of this compact to travel across state
lines both to and from each compacting state in such a manner as
to track the location of offenders, transfer supervision
authority in an orderly and efficient manner, and when necessary
return offenders to the originating jurisdictions. The
compacting states also recognize that congress, by enacting the
Crime Control Act, 4 U.S.C. § 112 (1965), has authorized and
encouraged compacts for cooperative efforts and mutual
assistance in the prevention of crime. It is the purpose of this
compact and the interstate commission created hereunder, through
means of joint and cooperative action among the compacting
states: to provide the framework for the promotion of public
safety and protect the rights of victims through the control and
regulation of the interstate movement of offenders in the
community; to provide for the effective tracking, supervision
and rehabilitation of these offenders by the sending and
receiving states; and to equitably distribute the costs,
benefits and obligations of the compact among the compacting
states. In addition, this compact will: create an interstate
commission which will establish uniform procedures to manage the
movement between states of adults placed under community
supervision and released to the community under the jurisdiction
of courts, paroling authorities, corrections or other criminal
justice agencies which will promulgate rules to achieve the
purpose of this compact; ensure an opportunity for input and
timely notice to victims and to jurisdictions where defined
offenders are authorized to travel or to relocate across state
lines; establish a system of uniform data collection, access to
information on active cases, subject to state laws, by
authorized criminal justice officials and regular reporting of
compact activities to heads of state councils, state executive,
judicial and legislative branches and criminal justice
administrators; monitor compliance with rules governing
interstate movement of offenders and initiate interventions to
address and correct noncompliance; and coordinate training and
education regarding regulations of interstate movement of
offenders for officials involved in such activity.
(b) The compacting states recognize that there is no
"right" of any offender to live in another state and that duly
accredited officers of a sending state may at all times enter a
receiving state and there apprehend and retake any offender
under supervision subject to the provisions of state laws, this
compact and bylaws and rules promulgated hereunder. 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 are therefore public business.
Article II
Definitions
(a) As used in this compact, unless the context clearly
requires a different construction:
(i) "Adult" means both individuals legally classified
as adults and juveniles treated as adults by court order,
statute or operation of law;
(ii) "By-laws" mean those by-laws established by the
interstate commission for its governance or for directing or
controlling the interstate commission's actions or conduct;
(iii) "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 offenders subject to the
terms of this compact, the rules adopted by the interstate
commission and policies adopted by the state council under this
compact;
(iv) "Compacting state" means any state which has
enacted the enabling legislation for this compact;
(v) "Commissioner" means the voting representative of
each compacting state appointed pursuant to Article III of this
compact;
(vi) "Interstate commission" means the interstate
commission for adult offender supervision established by this
compact;
(vii) "Member" means the commissioner of a compacting
state or designee, who shall be a person officially connected
with the commissioner;
(viii) "Noncompacting state" means any state which
has not enacted the enabling legislation for this compact;
(ix) "Offender" means an adult placed under, or
subject to, supervision as the result of the commission of a
criminal offense and released to the community under the
jurisdiction of courts, paroling authorities, corrections or
other criminal justice agencies;
(x) "Person" means any individual, corporation,
business enterprise or other legal entity, either public or
private;
(xi) "Rules" means acts of the interstate commission,
duly promulgated pursuant to Article VIII of this compact,
substantially affecting interested parties in addition to the
interstate commission, which shall have the force and effect of
law in the compacting states;
(xii) "State" means a state of the United States, the
District of Columbia and any other territorial possessions of
the United States; and
(xiii) "State council" means the resident members of
the state council for interstate adult offender supervision
created by each state under Article III of this compact.
Article III
The Compact Commission
(a) The compacting states hereby create the "interstate
commission for adult offender supervision." The interstate
commission shall be a body corporate and joint agency of the
compacting states. The interstate commission shall have all the
responsibilities, powers and duties set forth herein, including
the power to sue and be sued and such 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 selected and appointed by resident members of a
state council for interstate adult offender supervision for each
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; such noncommissioner
members must include a member of the national organizations of
governors, legislators, state chief justices, attorneys general
and crime victims. All noncommissioner members of the interstate
commission shall be ex-officio (nonvoting) members. The
interstate commission may provide in its by-laws for such
additional, ex-officio, nonvoting members as it deems necessary.
(d) Each compacting state represented at any meeting of
the interstate 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 by-laws of the interstate commission. The interstate
commission shall meet at least once each calendar year. The
chairperson may call additional meetings and, upon the request
of twenty-seven (27) or more compacting states, shall call
additional meetings. Public notice shall be given of all
meetings and meetings shall be open to the public.
(e) The interstate commission shall establish an executive
committee which shall include commission officers, members and
others as shall be determined by the by-laws. 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 oversees
the day-to-day activities managed by the executive director and
interstate commission staff; administers enforcement and
compliance with the provisions of the compact, its by-laws and
as directed by the interstate commission and performs other
duties as directed by the interstate commission or set forth in
the by-laws.
Article IV
The State Council
Each member state shall create a state council for interstate
adult offender supervision which shall be responsible for the
appointment of the commissioner who shall serve on the
interstate commission from that state. Each state council shall
appoint as its commissioner the compact administrator from that
state to serve on the interstate commission in such capacity
under or pursuant to applicable law of the member state. While
each member 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 speaker of the house, with the president
appointing the first member. The judicial planning and
administrative council shall appoint one (1) member. There shall
be one (1) representative of victims groups and two (2) members
from the executive branch appointed by the governor. The
appointments shall be made for two (2) year terms beginning on
the enactment of the interstate compact for adult offender
supervision into law by the thirty-fifth jurisdiction or July 1,
2001, whichever date occurs later. The department of corrections
shall provide support for the council and expenses as provided
for in W.S. 9-3-102 and 9-3-103. Each compacting state retains
the right to determine the qualifications of the compact
administrator who shall be appointed by the governor. In
addition to appointment of its commissioner to the national
interstate commission, each state council shall exercise
oversight and advocacy concerning its participation in
interstate commission activities and other duties as may be
determined by each member state, including but not limited to,
development of policy concerning operations and procedures of
the compact within that state.
Article V
Powers and Duties of the Interstate Commission
(a) The interstate commission shall have the following
powers:
(i) To adopt a seal and suitable by-laws governing
the management and operation of the interstate commission;
(ii) To promulgate rules 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 offenders subject to the terms of this
compact and any by-laws adopted and rules promulgated by the
compact commission;
(iv) To enforce compliance with compact provisions,
interstate commission rules and by-laws, using all necessary and
proper means, including but not limited to, the use of judicial
process;
(v) To establish and maintain offices;
(vi) To purchase and maintain insurance and bonds;
(vii) To borrow, accept or contract for services of
personnel, including but not limited to, members and their
staffs;
(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 such 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, among other things, 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 same;
(xi) To lease, purchase, accept contributions or
donations of, or otherwise to own, hold, improve or use any
property, real, personal or mixed;
(xii) To sell, convey, mortgage, pledge, lease,
exchange, abandon or otherwise dispose of any property, real,
personal or mixed;
(xiii) To establish a budget and make expenditures
and levy dues as provided in Article X of this compact;
(xiv) To sue and be sued;
(xv) To provide for dispute resolution among
compacting states;
(xvi) To perform such 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. Such 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 offenders for
officials involved in such activity; and
(xix) To establish uniform standards for the
reporting, collecting and exchanging of data.
Article VI
Organization and Operation of the Interstate Commission
(a) Section A. By-laws. The interstate commission shall,
by a majority of the members, within twelve (12) months of the
first interstate commission meeting, adopt by-laws to govern its
conduct as may be necessary or appropriate to carry out the
purposes of the compact, including, but not limited to:
establishing the fiscal year of the interstate commission;
establishing an executive committee, such other committees as
may be necessary and providing reasonable standards and
procedures:
(i) For the establishment of committees;
(ii) Governing any general or specific delegation of
any authority or function of the interstate commission;
(iii) Providing reasonable procedures for calling and
conducting meetings of the interstate commission and ensuring
reasonable notice of each such meeting; establishing the titles
and responsibilities of the officers of the interstate
commission; providing reasonable standards and procedures for
the establishment of the personnel policies and programs of the
interstate commission. Notwithstanding any civil service or
other similar laws of any compacting state, the by-laws shall
exclusively govern the personnel policies and programs of the
interstate commission;
(iv) Providing a mechanism for winding up the
operations of the interstate commission and the equitable 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;
(v) Providing transition rules for "start up"
administration of the compact; and
(vi) Establishing standards and procedures for
compliance and technical assistance in carrying out the compact.
(b) Section B. Officers and staff:
(i) The interstate commission shall, by a majority of
the members, elect from among its members a chairperson and a
vice chairperson, each of whom shall have such authorities and
duties as may be specified in the by-laws. The chairperson or,
in his or her 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; provided that,
subject to the availability of budgeted funds, the officers
shall be reimbursed for any actual and necessary costs and
expenses incurred by them in the performance of their duties and
responsibilities as officers of the interstate commission;
(ii) 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 deem appropriate.
The executive director shall serve as secretary to the
interstate commission, and hire and supervise such other staff
as may be authorized by the interstate commission, but shall not
be a member.
(c) Section C. Corporate records of the interstate
commission. The interstate commission shall maintain its
corporate books and records in accordance with the by-laws.
(d) Section D. Qualified immunity, defense and
indemnification:
(i) The members, officers, executive director and
employees 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 or personal
injury or other civil liability caused or arising out of any
actual or alleged act, error or omission that occurred within
the scope of interstate commission employment, duties or
responsibilities; provided, that nothing in this paragraph shall
be construed to protect any such person from suit and liability
for any damage, loss, injury or liability caused by the
intentional or willful and wanton misconduct of any such person.
The interstate commission shall defend the commissioner of a
compacting state, or his representatives or employees or the
interstate commission'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 wrongdoing on the part of such person;
(ii) The interstate commission shall indemnify and
hold the commissioner of a compacting state, the appointed
designee or employees or the interstate commission's
representatives or employees, harmless in the amount of any
settlement or judgment obtained against such 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 such 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
gross negligence or intentional wrongdoing on the part of such
person.
Article VII
Activities of the Interstate Commission
(a) The interstate commission shall meet and take such
actions as are consistent with the provisions of this compact.
(b) Except as otherwise provided in this compact and
unless a greater percentage is required by the by-laws, in order
to constitute an act of the interstate commission, such act
shall have been taken at a meeting of the interstate commission
and shall have received an affirmative vote of a majority of the
members present.
(c) 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 on
behalf of the state and shall not delegate a vote to another
member state. However, a state council shall appoint another
authorized representative, in the absence of the commissioner
from that state, to cast a vote on behalf of the member state at
a specified meeting. The by-laws may provide for members'
participation in meetings by telephone or other means of
telecommunication or electronic communication. Any voting
conducted by telephone or other means of telecommunication or
electronic communication shall be subject to the same quorum
requirements of meetings where members are present in person.
(d) The interstate commission shall meet at least once
during each calendar year. The chairperson of the interstate
commission may call additional meetings at any time and, upon
the request of a majority of the members, shall call additional
meetings.
(e) The interstate commission's by-laws 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. In promulgating such rules, the
interstate commission may make available to law enforcement
agencies records and information otherwise exempt from
disclosure, and may enter into agreements with law enforcement
agencies to receive or exchange information or records subject
to nondisclosure and confidentiality provisions.
(f) 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 shall promulgate rules consistent with the principles
contained in the "Government in Sunshine Act", 5 U.S.C. §
552(b), as may be amended. 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 investigatory 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 entity for the purpose of regulation or
supervision of such entity;
(viii) Disclose information, the premature disclosure
of which would significantly endanger the life of a person or
the stability of a regulated entity; or
(ix) Specifically relate to the interstate
commission's issuance of a subpoena or its participation in a
civil action or proceeding.
(g) For every meeting closed pursuant to this provision,
the interstate commission's chief legal officer shall publicly
certify that, in his 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 such minutes.
(h) The interstate commission shall collect standardized
data concerning the interstate movement of offenders as directed
through its by-laws and rules which shall specify the data to be
collected, the means of collection and data exchange and
reporting requirements.
Article VIII
Rulemaking Functions of the Interstate Commission
(a) The interstate commission shall promulgate rules in
order to effectively and efficiently achieve the purposes of the
compact including transition rules governing administration of
the compact during the period in which it is being considered
and enacted by the states;
(b) Rulemaking shall occur pursuant to the criteria set
forth in this article and the by-laws and rules adopted pursuant
thereto. Such rulemaking shall substantially conform to the
principles of the federal Administrative Procedure Act, 5
U.S.C.S. § 551 et seq., and the Federal Advisory Committee Act,
5 U.S.C.S. app. 2, § 1 et seq., as may be amended (hereinafter
"APA"). All rules and amendments shall become binding as of the
date specified in each rule or amendment.
(c) If a majority of the legislatures of the compacting
states rejects a rule, by enactment of a statute or resolution
in the same manner used to adopt the compact, then such rule
shall have no further force and effect in any compacting state.
(d) When promulgating a rule, the interstate commission
shall:
(i) Publish the proposed rule stating with
particularity the text of the rule which is proposed and the
reason for the proposed rule:
(A) Allow persons to submit written data, facts,
opinions and arguments, which information shall be publicly
available;
(B) Provide an opportunity for an informal
hearing; and
(C) Promulgate a final rule and its effective
date, if appropriate, based on the rulemaking record.
(e) Not later than sixty (60) days after a rule is
promulgated, any interested person may 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 such rule. If
the court finds that the interstate commission's action is not
supported by substantial evidence, (as defined in the APA), in
the rulemaking record, the court shall hold the rule unlawful
and set it aside.
(f) Subjects to be addressed within twelve (12) months
after the first meeting must at a minimum include:
(i) Notice to victims and opportunity to be heard;
(ii) Offender registration and compliance;
(iii) Violations/returns;
(iv) Transfer procedures and forms;
(v) Eligibility for transfer;
(vi) Collection of restitution and fees from
offenders;
(vii) Data collection and reporting;
(viii) The level of supervision to be provided by the
receiving state;
(ix) Transition rules governing the operation of the
compact and the interstate commission during all or part of the
period between the effective date of the compact and the date on
which the last eligible state adopts the compact; and
(x) Mediation, arbitration and dispute resolution.
(g) The existing rules governing the operation of the
previous compact superceded by this act shall be null and void
twelve (12) months after the first meeting of the interstate
commission created hereunder.
(h) Upon determination by the interstate commission that
an 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 said rule as soon as reasonably
possible, in no event later than ninety (90) days after the
effective date of the rule.
Article IX
Oversight, Enforcement and Dispute Resolution by the Interstate
Commission
(a) Section A. Oversight:
(i) The interstate commission shall oversee the
interstate movement of adult offenders in the compacting states
and shall monitor such activities being administered in
noncompacting states which may significantly affect compacting
states;
(ii) 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. 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, the
interstate commission shall be entitled to receive all service
of process in any such proceeding and shall have standing to
intervene in the proceeding for all purposes.
(b) Section B. Dispute resolution:
(i) The compacting states shall report to the
interstate commission on issues or activities of concern to them
and cooperate with and support the interstate commission in the
discharge of its duties and responsibilities;
(ii) The interstate commission shall attempt to
resolve any disputes or other issues which are subject to the
compact and which may arise among compacting states and
noncompacting states;
(iii) The interstate commission shall enact a by-law
or promulgate a rule providing for both mediation and binding
dispute resolution for disputes among the compacting states.
(c) Section C. Enforcement.
The interstate commission, in the reasonable exercise of its
discretion, shall enforce the provisions of this compact using
any or all means set forth in Article XII, section B, of this
compact.
Article X
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 must 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 the state and the volume of interstate movement of offenders
in each compacting state and shall promulgate a rule binding
upon all compacting states which governs said 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 by-
laws. 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 XI
Compacting States, Effective Date and Amendment
(a) Any state, as defined in article II of this compact,
is eligible to become a compacting state. 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, 2001,
or upon enactment into law by the thirty-fifth 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 will be invited to participate in interstate
commission activities on a nonvoting basis prior to adoption of
the compact by all states and territories of the United States.
(b) Amendments to the compact may be proposed by the
interstate commission for enactment by the compacting states. No
amendment shall become effective and binding upon the interstate
commission and the compacting states unless and until it is
enacted into law by unanimous consent of the compacting states.
Article XII
Withdrawal, Default, Termination and Judicial Enforcement
(a) Section A. Withdrawal:
(i) Once effective, the compact shall continue in
force and remain binding upon each and every compacting state;
provided, that a compacting state may withdraw from the compact
("withdrawing state") by enacting a statute specifically
repealing the statute which enacted the compact into law;
(ii) The effective date of withdrawal is the
effective date of the repeal;
(iii) 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;
(iv) 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;
(v) Reinstatement following 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.
(b) Section B. Default:
(i) If the interstate commission determines that any
compacting state has at any time defaulted ("defaulting state")
in the performance of any of its obligations or responsibilities
under this compact, the by-laws or any duly promulgated rules,
the interstate commission may impose any or all of the following
penalties:
(A) Fines, fees and costs in such amounts as are
deemed to be reasonable as fixed by the interstate commission;
(B) Remedial training and technical assistance
as directed by the interstate commission; suspension and
termination of membership in the compact. Suspension shall be
imposed only after all other reasonable means of securing
compliance under the by-laws and rules have been exhausted.
Immediate notice of suspension shall be given by the interstate
commission to the governor, the chief justice or chief judicial
officer of the state, the majority and minority leaders of the
defaulting state's legislature and the state council.
(ii) The grounds for default include, but are not
limited to, failure of a compacting state to perform such
obligations or responsibilities imposed upon it by this compact,
interstate commission by-laws or duly promulgated rules. The
interstate commission shall immediately notify the defaulting
state in writing of the penalty imposed by the interstate
commission on the defaulting state pending a cure of the
default. The interstate commission shall stipulate the
conditions and the time period within which the defaulting state
must cure its default. If the defaulting state fails to cure the
default within the time period specified by the interstate
commission, in addition to any other penalties imposed herein,
the defaulting state may 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 suspension. Within
sixty (60) days of the effective date of termination of a
defaulting state, the interstate 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 such termination;
(iii) 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;
(iv) The interstate commission shall not bear any
costs relating to the defaulting state unless otherwise mutually
agreed upon between the interstate commission and the defaulting
state. 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.
(c) 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 by-laws, against any
compacting state in default. In the event judicial enforcement
is necessary, the prevailing party shall be awarded all costs of
such litigation including reasonable attorneys fees.
(d) Section D. Dissolution of compact:
(i) The compact dissolves effective upon the date of
the withdrawal or default of the compacting state which reduces
membership in the compact to one (1) compacting state;
(ii) Upon the dissolution of this compact, the
compact becomes null and void and shall be of no further force
or effect, the business and affairs of the interstate commission
shall be wound up and any surplus funds shall be distributed in
accordance with the by-laws.
Article XIII
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
constructed to effectuate its purposes.
Article XIV
Binding Effect of Compact and Other Laws
(a) Section A. Other laws:
(i) Nothing herein prevents the enforcement of any
other law of a compacting state that is not inconsistent with
this compact;
(ii) All compacting states' laws conflicting with
this compact are superseded to the extent of the conflict.
(b) Section B. Binding effect of the compact:
(i) All lawful actions of the interstate commission,
including all rules and by-laws promulgated by the interstate
commission, are binding upon the compacting states;
(ii) All agreements between the interstate commission
and the compacting states are binding in accordance with their
terms;
(iii) 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 such meaning or
interpretation;
(iv) 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 such 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 such
obligations, duties, powers or jurisdiction are delegated by law
in effect at the time this compact becomes effective.