§582D-1 - Execution of compact.

[§582D-1] Execution of compact. The
governor is hereby authorized and directed to execute a compact on behalf of
the State of Hawaii with any other state or states legally joining them in the
form substantially as follows:

ARTICLE I

PURPOSE

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 United States Code Section 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, through
means of joint and cooperative action among the compacting states to:

(1) 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;

(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;

(3) 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;

(4) Make contracts for the cooperative
institutionalization in public facilities in member states for delinquent youth
needing special services;

(5) Provide for the effective tracking and
supervision of juveniles;

(6) Equitably allocate the costs, benefits, and
obligations of the compacting states;

(7) 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 that has jurisdiction over juvenile offenders;

(8) Ensure immediate notice to jurisdictions where
defined offenders are authorized to travel or to relocate across state lines;

(9) Establish procedures to resolve pending charges
(detainers) against juvenile offenders prior to transfer or release to the
community under the terms of this compact;

(10) 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;

(11) Monitor compliance with rules governing
interstate movement of juveniles and initiate interventions to address and
correct noncompliance;

(12) Coordinate training and education regarding the
regulation of interstate movement of juveniles for officials involved in such
activity; and

(13) 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

As used in this compact, unless the context
clearly requires a different construction:

"Bylaws" means those bylaws
established by the interstate commission for its governance, or for directing
or controlling its actions or conduct.

"Commissioner" means the voting
representative of each compacting state appointed pursuant to article III of
this compact.

"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 the policies adopted by the
state council under this compact.

"Compacting state" means any state that
has enacted the enabling legislation for this compact.

"Court" means any court having
jurisdiction over delinquent, neglected, or dependent children.

"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 the policies adopted by the state council under this
compact.

"Interstate commission" means the
interstate commission for juveniles created by article III of this compact.

"Juvenile" means any person defined
as a juvenile in any member state or by the rules of the interstate commission,
including:

(1) An accused delinquent, who is a person charged
with an offense that, if committed by an adult, would be a criminal offense;

(2) An adjudicated delinquent, who is a person found
to have committed an offense that, if committed by an adult, would be a
criminal offense;

(3) An accused status offender, who is a person
charged with an offense that would not be a criminal offense if committed by an
adult;

(4) An adjudicated status offender, who is a person
found to have committed an offense that would not be a criminal offense if
committed by an adult; and

(5) A nonoffender, who is a person in need of
supervision who has not been accused or adjudicated as a status offender or
delinquent.

"Noncompacting state" means any state
that has not enacted the enabling legislation for this compact.

"Probation or parole" means any kind
of supervision or conditional release of juveniles authorized under the laws of
the compacting states.

"Rule" means a written statement by
the interstate commission adopted 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.

"State" means a state of the United
States, the District of Columbia (or its designee), the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, American Samoa, and the Northern
Marianas 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 that 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 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. Noncommissioner members shall include members 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
commission shall be ex-officio nonvoting members. The interstate commission
may provide in its bylaws for such additional ex-officio nonvoting members,
including members of other national organizations, in such numbers as shall be
determined by the commission.

(d) Each compacting state represented at any
meeting of the 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 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 or
amendment to the compact. The executive committee shall:

(1) Oversee the day-to-day activities of the
administration of the compact managed by an executive director and interstate
commission staff;

(2) Administer enforcement and compliance with the
provisions of the compact, its bylaws, and rules; and

(3) Perform such other duties as directed by the
interstate commission or set forth in the bylaws.

(g) Each member of the interstate commission
may cast a vote to which that compacting state is entitled and 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; provided that
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.

(i) 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 vote that an open meeting would be likely to:

(1) Relate solely to the interstate commission's
internal personnel practices and procedures;

(2) Disclose matters specifically exempted from
disclosure by statute;

(3) Disclose trade secrets or commercial or financial
information that is privileged or confidential;

(4) Involve accusing any person of a crime, or
formally censuring any person;

(5) Disclose information of a personal nature where
disclosure would constitute a clearly unwarranted invasion of personal privacy;

(6) Disclose investigative records compiled for law
enforcement purposes;

(7) 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;

(8) Disclose information, the premature disclosure of
which would significantly endanger the stability of a regulated person or
entity; or

(9) Specifically relate to the interstate
commission's issuance of a subpoena, or its participation in a civil action or
other legal proceeding.

(j) 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 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 therefor, 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.

(k) The interstate commission shall collect
standardized data concerning the interstate movement of juveniles as directed
through its rules that 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, insofar as is reasonably possible, shall
conform to up-to-date technology and the interstate commission shall coordinate
their information functions with the appropriate repository of records.

ARTICLE IV

POWERS AND
DUTIES OF THE INTERSTATE COMMISSION

The interstate commission shall have the
following powers and duties:

(1) To provide for dispute resolution among
compacting states;

(2) To adopt 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;

(3) To oversee, supervise, and coordinate the
interstate movement of juveniles subject to the terms of this compact and any
bylaws adopted and rules adopted by the interstate commission;

(4) To enforce compliance with the compact
provisions, the rules adopted by the interstate commission, and the bylaws,
using all necessary and proper means, including the use of judicial process;

(5) To establish and maintain offices that shall be
located within one or more of the compacting states;

(6) To purchase and maintain insurance and bonds;

(7) To borrow, accept, hire, or contract for
personnel services;

(8) To establish and appoint committees and hire
staff that the commission deems necessary for the carrying out of its
functions, including 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;

(9) To elect or appoint officers, attorneys,
employees, agents, or consultants; 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;

(10) To accept, receive, use, and dispose of any and
all donations and grants of money, equipment, supplies, materials, and
services;

(11) To lease, purchase, or accept contributions or
donations of, or otherwise to own, hold, improve, or use any property, real,
personal, or mixed;

(12) To sell, convey, mortgage, pledge, lease,
exchange, abandon, or otherwise dispose of any property, real, personal, or
mixed;

(13) To establish a budget and make expenditures and
levy dues as provided in article VIII of this compact;

(14) To sue and be sued;

(15) To adopt a seal and bylaws governing the
management and operation of the interstate commission;

(16) To perform any functions that may be necessary or
appropriate to achieve the purposes of this compact;

(17) 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;

(18) To coordinate education, training, and public
awareness regarding the interstate movement of juveniles for officials involved
in such activity;

(19) To establish uniform standards for reporting,
collecting, and exchanging of data; and

(20) To maintain the interstate commission's corporate
books and records in accordance with the bylaws.

ARTICLE V

ORGANIZATION
AND OPERATION OF THE INTERSTATE COMMISSION

Section A. Bylaws. The interstate
commission, by a majority of the members present and voting, and within twelve
months after the first interstate commission meeting, shall adopt bylaws to
govern its conduct as may be necessary or appropriate to carry out the purposes
of the compact, including:

(1) Establishing the fiscal year of the interstate
commission;

(2) Establishing an executive committee and any other
committees that may be necessary;

(3) Providing for the establishment of committees
governing any general or specific delegation of any authority or function of
the interstate commission;

(4) Providing reasonable procedures for calling and
conducting meetings of the interstate commission, and ensuring reasonable
notice of each meeting;

(5) Establishing the titles and responsibilities of
the officers of the interstate commission;

(6) 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;

(7) Providing "start-up" rules for initial
administration of the compact; and

(8) Establishing standards and procedures for
compliance and technical assistance in carrying out the compact.

Section B. Officers and staff. (a)
The interstate commission, by a majority of the members, shall 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 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 ordinary and necessary costs and expenses
incurred by them in the performance of their duties and responsibilities as
officers of the commission.

(b) The interstate commission, through its
executive committee, shall appoint or retain an executive director for such
period, upon such terms and conditions, and for such compensation as the
commission may deem appropriate. The executive director shall serve as secretary
to the commission, and shall hire and supervise such other staff as may be
authorized by the interstate commission, but shall not be a member.

Section C. Qualified immunity, defense, and
indemnification. (a) The interstate commission's executive director and
employees shall be immune from suit and liability, either personally or in
their official capacities, for any claim for damage to or loss of property or
personal injury or other civil liability caused, 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 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 wilful 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 wilful 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 wilful 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 wilful and wanton misconduct on the
part of such persons.

ARTICLE VI

RULEMAKING
FUNCTIONS OF THE INTERSTATE COMMISSION

(a) The interstate commission shall adopt and
publish rules 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. Rulemaking shall substantially conform to the principles of the Model
State Administrative Procedure Act, 1981, Uniform Laws Annotated, Vol. 15, p. 1
(2000), or such other administrative procedures act, as the interstate
commission deems appropriate, consistent with due process requirements under
the Constitution of the United States. 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.

(1) Publish the proposed rule's entire text stating
the reason for the proposed rule;

(2) Allow persons to submit written data, facts, opinions,
and arguments, which information shall be added to the record and made publicly
available;

(3) Provide an opportunity for an informal hearing if
petitioned by ten or more persons; and

(4) Adopt a final rule and its effective date, if
appropriate, based on comment from state or local officials, or interested
parties.

(d) Not later than sixty days after a rule is
adopted, 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 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 Procedure Act.

(e) If a majority of the legislatures of the
compacting states rejects a rule, those states, by enactment of a statute or
resolution in the same manner used to adopt the compact, may cause the rule to
have no further force and effect in any compacting state.

(f) Upon determination by the interstate
commission that a state of emergency exists, the commission may adopt an
emergency rule that becomes effective immediately upon adoption; provided that
the usual rulemaking procedures provided in this article shall be retroactively
applied to the rule as soon as reasonably possible, but no later than ninety
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 activities being administered in noncompacting states
that 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.
This compact and the rules adopted under this compact 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 that may affect the powers, responsibilities, or actions
of the interstate commission, the commission is entitled to receive all service
of process in the proceeding, and has 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 compact and its bylaws
and rules.

(b) The interstate commission, upon the
request of a compacting state, shall attempt to resolve any disputes or other
issues that are subject to the compact and that may arise among compacting
states and between compacting and noncompacting states. The commission shall
adopt rules 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 and
collect an annual assessment from each compacting state to cover the cost of
the internal operations and activities of the commission and its staff that
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 adopt rules binding upon all compacting states that govern 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; provided that all receipts
and disbursements of funds handled by the interstate commission shall be
audited yearly by a licensed certified and 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

(a) The Hawaii state council for interstate
juvenile supervision is established, and shall be placed administratively in
the judiciary. The council shall be composed of nine members to be appointed
as follows:

(1) One member of the house of representatives,
appointed by the speaker of the house of representatives;

(2) One member of the senate, appointed by the senate
president;

(3) One member of the judiciary appointed by the
chief justice of the supreme court;

(4) The executive director of the office of youth
services, or the director's designee;

(5) One member from the general public representing
victims' groups, appointed by the governor, with the advice and consent of the
senate;

(6) A prosecuting attorney or the prosecuting
attorney's designee; provided that this appointment shall rotate every four
years among the several counties, as follows: Honolulu, Hawaii, Maui, and
Kauai;

(7) The attorney general, or the attorney general's
designee;

(8) The state public defender, or the state public
defender's designee; and

(9) The compact administrator, appointed by the
governor, with the advice and consent of the senate and the chief justice.

With the exception of the members designated in
paragraphs (4), (6), (7), (8), and (9), the terms of all members shall be for
four years; provided that the victims' group representative and the compact
administrator shall be subject to confirmation proceedings under section
26-34. No person, except the compact administrator, shall be appointed
consecutively to more than two terms.

(b) The state council shall exercise oversight
and advocacy concerning its participation in commission activities and other
duties that may be determined by the council, including development of policy
concerning operations and procedures of the compact within the State. The
council shall also have the authority to appoint a member other than the
compact administrator to cast a vote on behalf of the State at meetings of the
interstate commission in which the compact administrator is absent.

(c) Expenditures by the council, including the
amount fixed annually as the equal contribution of each member to the compact,
shall be made upon warrants issued by the state comptroller based upon vouchers
approved by any one of the commissioners. A proposed program for the State's
continuing participation in the activities of the interstate commission for
juvenile supervision, including a budget request, shall be submitted by the
commissioners to each regular session of the legislature.

ARTICLE X

COMPACTING
STATES, EFFECTIVE DATE AND AMENDMENT

(a) Any state, 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 of the states. The initial effective date shall be the later of
July 1, 2004, 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 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 unless and 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 and
every compacting state; provided that a compacting state may withdraw
("withdrawing state") 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 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 extends
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 such 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 adopted rules, the interstate commission may impose any or all of the
following penalties:

(1) Remedial training and technical assistance as
directed by the interstate commission;

(2) Alternative dispute resolution;

(3) Fines, fees, and costs in such amounts as are
deemed to be reasonable as fixed by the interstate commission; and

(4) 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 obligations or
responsibilities imposed upon it by this compact, the bylaws, or duly adopted
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 must 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 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 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, by majority vote of the members, may 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 court
where the interstate commission has its offices, to enforce compliance with the
provisions of the compact, and its duly adopted rules and bylaws, against any
compacting state in default. If judicial enforcement is necessary, the
prevailing party shall be awarded all costs of the litigation, including
reasonable attorney's fees.

Section D. Dissolution of compact.
(a) The compact dissolves effective upon the date of the withdrawal or default
of the compacting state, which reduces membership in the compact to one
compacting state.

(b) Upon the dissolution of this compact, the
compact becomes void and shall be of no further 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 in
this compact 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 adopted 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 the 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) If 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. [L 2009, c 93, §1]