[§353B-1]  Terms and provisions of compact. The interstate compact for the supervision of adult offenders is hereby enteredinto and enacted into law with all jurisdictions legally joining therein, inform substantially as follows:

 

ARTICLE I

PURPOSE

 

The compacting states to this interstatecompact recognize that each state is responsible for the supervision of adultoffenders in the community who are authorized pursuant to the bylaws and rulesof this compact to travel across state lines both to and from each compactingstate in such a manner as to track the location of offenders, transfersupervision authority in an orderly and efficient manner, and when necessaryreturn offenders to the originating jurisdictions.  The compacting states alsorecognize that Congress, by enacting the Crime Control Act, 4 U.S.C. Section112 (1965), has authorized and encouraged compacts for cooperative efforts andmutual assistance in the prevention of crime.  It is the purpose of thiscompact and the interstate commission created hereunder, through means of jointand cooperative action among the compacting states, to:  provide the frameworkfor the promotion of public safety and protect the rights of victims throughthe control and regulation of the interstate movement of offenders in thecommunity; provide for the effective tracking, supervision, and rehabilitationof these offenders by the sending and receiving states; and to equitablydistribute the costs, benefits and obligations of the compact among thecompacting states.  In addition, this compact will create an interstatecommission which will establish uniform procedures to manage the movementbetween states of adults placed under community supervision and released to thecommunity under the jurisdiction of courts, paroling authorities, correctionsor other criminal justice agencies which will promulgate rules to achieve thepurpose of this compact; ensure an opportunity for input and timely notice tovictims and to jurisdictions where defined offenders are authorized to travelor to relocate across state lines; establish a system of uniform datacollection, access to information on active cases by authorized criminaljustice officials, and regular reporting of compact activities to heads ofstate councils, state executive, judicial, and legislative branches andcriminal justice administrators; monitor compliance with rules governinginterstate movement of offenders and initiate interventions to address andcorrect noncompliance; and coordinate training and education regardingregulations of interstate movement of offenders for officials involved in suchactivity.  The compacting states recognize that there is no "right"of any offender to live in another state and that duly accredited officers of asending state may at all times enter a receiving state and there apprehend andretake any offender under supervision subject to the provisions of this compactand bylaws and rules promulgated hereunder.  It is the policy of the compactingstates that the activities conducted by the interstate commission createdherein are the formation of public policies and are therefore public business.

 

ARTICLE II

DEFINITIONS

 

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

"Adult" means both individualslegally classified as adults and juveniles treated as adults by court order,statute, or operation of law.

"Bylaws" means those bylawsestablished by the interstate commission for its governance, or for directingor controlling the interstate commission's actions or conduct.

"Commissioner" means the votingrepresentative of each compacting state appointed pursuant to Article III ofthis compact.

"Compact administrator" means theindividual in each compacting state appointed pursuant to the terms of thiscompact responsible for the administration and management of the state'ssupervision and transfer of offenders subject to the terms of this compact, therules adopted by the interstate commission and policies adopted by the statecouncil under this compact.

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

"Interstate commission" means theinterstate commission for adult offender supervision established by thiscompact.

"Member" means the commissioner of acompacting state or designee, who shall be a person officially connected withthe commissioner.

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

"Offender" means an adult placedunder, or subject to, supervision as the result of the commission of a criminaloffense and released to the community under the jurisdiction of courts,paroling authorities, corrections, or other criminal justice agencies.

"Person" means any individual,corporation, business enterprise, or other legal entity, either public orprivate.

"Rules" means acts of the interstatecommission, duly promulgated pursuant to Article VIII of this compact,substantially affecting interested parties in addition to the interstatecommission, which shall have the force and effect of law in the compactingstates.

"State" means a state of the UnitedStates, the District of Columbia and any other territorial possessions of theUnited States.

"State council" means the residentmembers of the state council for interstate adult offender supervision createdby each state under Article III of this compact.

 

ARTICLEIII

THECOMPACT COMMISSION

 

(a)  The compacting states hereby create the"interstate commission for adult offender supervision".  The interstatecommission shall be a body corporate and joint agency of the compactingstates.  The interstate commission shall have all the responsibilities, powersand duties set forth herein, including the power to sue and be sued, and suchadditional powers as may be conferred upon it by subsequent action of therespective legislatures of the compacting states in accordance with the termsof this compact.

(b)  The interstate commission shall consist ofcommissioners selected and appointed by resident members of a state council forinterstate adult offender supervision for each state.  In addition to thecommissioners who are the voting representatives of each state, the interstatecommission shall include individuals who are not commissioners but who are membersof interested organizations.  The noncommissioner members must include a memberof the national organizations of governors, legislators, state chief justices,attorneys general and crime victims.  All noncommissioner members of theinterstate commission shall be ex officio (nonvoting) members.  The interstatecommission may provide in its bylaws for such additional, ex officio, nonvotingmembers, as it deems necessary.

(c)  Each compacting state represented at anymeeting of the interstate commission is entitled to one vote.  A majority ofthe compacting states shall constitute a quorum for the transaction ofbusiness, unless a larger quorum is required by the bylaws of the interstatecommission.  The interstate commission shall meet at least once each calendaryear.  The chairperson may call additional meetings and, upon the request oftwenty-seven or more compacting states, shall call additional meetings.  Publicnotice shall be given of all meetings and meetings shall be open to the public.

(d)  The interstate commission shall establishan executive committee, which shall include commission officers, members andothers as shall be determined by the bylaws.  The executive committee shallhave the power to act on behalf of the interstate commission during periodswhen the interstate commission is not in session, with the exception ofrulemaking or amendment to the compact.  The executive committee oversees theday-to-day activities managed by the executive director and interstatecommission staff, administers enforcement and compliance with the provisions ofthe compact, its bylaws and as directed by the interstate commission, andperforms other duties as directed by commission or set forth in the bylaws.

 

ARTICLE IV

THE STATECOUNCIL

 

Each member state shall create a state councilfor interstate adult offender supervision which shall be responsible for theappointment of the commissioner who shall serve on the interstate commissionfrom that state.  Each state council shall appoint as its commissioner thecompact administrator from that state to serve on the interstate commission inthis capacity pursuant to applicable law of the member state.  While eachmember state may determine the membership of its own state council, itsmembership shall include at least one representative from the legislative,judicial, and executive branches of government, victims groups and compactadministrators.  Each compacting state retains the right to determine thequalifications of the compact administrator who shall be appointed by the statecouncil or by the governor in consultation with the legislature and thejudiciary.  In addition to appointment of its commissioner to the nationalinterstate commission, each state council shall exercise oversight and advocacyconcerning its participation in interstate commission activities and otherduties as may be determined by each member state including but not limited to,development of policy concerning operations and procedures of the compactwithin that state.

 

ARTICLE V

POWERS ANDDUTIES OF THE INTERSTATE COMMISSION

 

The interstate commission shall have thefollowing powers:

(1)  To adopt a seal and suitable bylaws governing themanagement and operation of the interstate commission;

(2)  To adopt rules which shall be binding in thecompacting states to the extent and in the manner provided in this compact;

(3)  To oversee, supervise and coordinate theinterstate movement of offenders subject to the terms of this compact and anybylaws and rules adopted by the compact commission;

(4)  To enforce compliance with compact provisions,interstate commission rules, and bylaws, using all necessary and proper means,including but not limited to, the use of judicial process;

(5)  To establish and maintain offices;

(6)  To purchase and maintain insurance and bonds;

(7)  To borrow, accept, or contract for services ofpersonnel, including, but not limited to, members and their staffs;

(8)  To establish and appoint committees and hirestaff which it deems necessary for the carrying out of its functions including,but not limited to, an executive committee as required by Article III whichshall have the power to act on behalf of the interstate commission in carryingout its powers and duties hereunder;

(9)  To elect or appoint such officers, attorneys,employees, agents, or consultants, and to fix their compensation, define theirduties and determine their qualifications; and to establish the interstatecommission's personnel policies and programs relating to, among other things,conflicts of interest, rates of compensation, and qualifications of personnel;

(10)  To accept any and all donations and grants ofmoney, equipment, supplies, materials, and services, and to receive, utilize,and dispose of same;

(11)  To lease, purchase, accept contributions ordonations 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 ormixed;

(13)  To establish a budget and make expenditures andlevy dues as provided in Article X of this compact;

(14)  To sue and be sued;

(15)  To provide for dispute resolution amongcompacting states;

(16)  To perform such functions as may be necessary orappropriate to achieve the purposes of this compact;

(17)  To report annually to the legislatures,governors, judiciary, and state councils of the compacting states concerningthe activities of the interstate commission during the preceding year.  Thereports shall also include any recommendations that may have been adopted bythe interstate commission;

(18)  To coordinate education, training and publicawareness regarding the interstate movement of offenders for officials involvedin such activity; and

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

 

ARTICLE VI

ORGANIZATIONAND OPERATION OF THE INTERSTATE COMMISSION

 

Section A.  Bylaws.  The interstatecommission shall, by a majority of its members, within twelve months of thefirst interstate commission meeting, adopt bylaws to govern its conduct as maybe necessary or appropriate to carry out the purposes of the compact,including, but not limited to:

(1)  Establishing the fiscal year of the interstatecommission;

(2)  Establishing an executive committee and suchother committees as may be necessary;

(3)  Providing reasonable standards and procedures:

(A)  For the establishment of committees, and

(B)  Governing any general or specificdelegation of any authority or function of the interstate commission;

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

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

(6)  Providing reasonable standards and procedures forthe establishment of the personnel policies and programs of the interstatecommission.  Notwithstanding any civil service or other similar laws of anycompacting state, the bylaws shall exclusively govern the personnel policiesand programs of the interstate commission;

(7)  Providing a mechanism for winding up theoperations of the interstate commission and the equitable return of any surplusfunds that may exist upon the termination of the compact after the paymentand/or reserving of all of its debts and obligations;

(8)  Providing transition rules for "startup" administration of the compact; and

(9)  Establishing standards and procedures forcompliance and technical assistance in carrying out the compact.

Section B.  Officers and staff.  Theinterstate commission, by a majority of the members, shall elect from among itsmembers a chairperson and a vice chairperson, each of whom shall haveauthorities and duties as may be specified in the bylaws.  The chairperson or,in the chairperson's absence or disability, the vice chairperson, shall presideat all meetings of the interstate commission.  The officers so elected shallserve without compensation or remuneration from the interstate commission; providedthat, subject to the availability of budgeted funds, the officers shall bereimbursed for any actual and necessary costs and expenses incurred by them inthe performance of their duties and responsibilities as officers of theinterstate commission.

The interstate commission, through itsexecutive committee, shall appoint or retain an executive director upon termsand conditions and for compensation as the interstate commission may deemappropriate.  The executive director shall serve as secretary to the interstatecommission, and hire and supervise such other staff as may be authorized by theinterstate commission, but shall not be a member.

Section C.  Corporate records of theinterstate commission.  The interstate commission shall maintain its corporatebooks and records in accordance with the bylaws.

Section D.  Qualified immunity, defense andindemnification.  (a)  The members, officers, executive director andemployees of the interstate commission shall be immune from suit and liability,either personally or in their official capacity, for any claim for damage to orloss of property or personal injury or other civil liability caused or arisingout of any actual or alleged act, error or omission that occurred within thescope of interstate commission employment, duties or responsibilities; providedthat nothing in this paragraph shall be construed to protect any such personfrom suit or liability for any damage, loss, injury, or liability caused by theintentional or willful and wanton misconduct of any person.  The interstatecommission shall defend the commissioner of a compacting state, thechairperson's representatives or employees, or the interstate commission'srepresentatives or employees, in any civil action seeking to impose liability arisingout of any actual or alleged act, error, or omission that occurred within thescope of interstate commission employment, duties, or responsibilities, or thatthe defendant had a reasonable basis for believing occurred within the scope ofinterstate commission employment, duties or responsibilities; provided that theactual or alleged act, error or omission did not result from intentionalwrongdoing on the part of such person.

(b)  The interstate commission shall indemnifyand hold the commissioner of a compacting state, the appointed designee oremployees, or the interstate commission's representatives or employees,harmless in the amount of any settlement or judgment obtained against themarising out of any actual or alleged act, error, or omission that occurredwithin the scope of interstate commission employment, duties, orresponsibilities, or that the persons had a reasonable basis for believingoccurred within the scope of interstate commission employment, duties, orresponsibilities; provided that the actual or alleged act, error, or omissiondid not result from gross negligence or intentional wrongdoing on the part ofsuch person.

 

ARTICLEVII

ACTIVITIESOF THE INTERSTATE COMMISSION

 

(a)  The interstate commission shall meet andtake actions consistent with the provisions of this compact.

(b)  Except as otherwise provided in thiscompact and unless a greater percentage is required by the bylaws, in order toconstitute an act of the interstate commission, the act shall have been takenat a meeting of the interstate commission and shall have received anaffirmative vote of a majority of the members present.

(c)  Each member of the interstate commissionshall have the right and power to cast a vote to which that compacting state isentitled and to participate in the business and affairs of the interstatecommission.  A member shall vote in person on behalf of the state and shall notdelegate a vote to another member state.  However, a state council shallappoint another authorized representative, in the absence of the commissionerfrom that state, to cast a vote on behalf of the member state at a specifiedmeeting.  The bylaws may provide for members' participation in meetings bytelephone or other means of telecommunication or electronic communication.  Anyvoting conducted by telephone, or other means of telecommunication orelectronic communication, shall be subject to the same quorum requirements ofmeetings where members are present in person.

(d)  The interstate commission shall meet atleast once during each calendar year.  The chairperson of the interstatecommission may call additional meetings at any time and, upon the request of amajority of the members, shall call additional meetings.

(e)  The interstate commission's bylaws shallestablish conditions and procedures under which the interstate commission shallmake its information and official records available to the public forinspection or copying.  The interstate commission may exempt from disclosureany information or official records to the extent they would adversely affectpersonal privacy rights or proprietary interests.  In adopting rules, theinterstate commission may make available to law enforcement agencies recordsand information otherwise exempt from disclosure, and may enter into agreementswith law enforcement agencies to receive or exchange information or recordssubject to nondisclosure and confidentiality provisions.

(f)  Public notice shall be given of allmeetings, and all meetings shall be open to the public, except as set forth inthe rules or as otherwise provided in the compact.  The interstate commissionshall adopt rules consistent with the principles contained in the"Government in Sunshine Act", 5 U.S.C. Section 552(b), as may beamended.  The interstate commission and any of its committees may close ameeting to the public where it determines by two-thirds vote that an openmeeting would be likely to:

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

(2)  Disclose matters specifically exempted fromdisclosure by statute;

(3)  Disclose trade secrets or commercial or financialinformation which is privileged or confidential;

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

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

(6)  Disclose investigatory records compiled for lawenforcement purposes;

(7)  Disclose information contained in or related toexamination, operating or condition reports prepared by, or on behalf of or forthe use of, the interstate commission with respect to a regulated entity forthe purpose of regulation or supervision of such entity;

(8)  Disclose information, the premature disclosure ofwhich would significantly endanger the life of a person or the stability of aregulated entity; or

(9)  Specifically relate to the interstatecommission's issuance of a subpoena, or its participation in a civil action orproceeding.

For every meeting closed pursuant to this provision,the interstate commission's chief legal officer shall publicly certify that, inthe officer's opinion, the meeting may be closed to the public, and shallreference each relevant exemption.  The interstate commission shall keepminutes which shall fully and clearly describe all matters discussed in anymeeting and shall provide a full and accurate summary of any actions taken, andthe reasons therefor, including a description of each of the views expressed onany item and the record of any roll call vote (reflected in the vote of eachmember on the question).  All documents considered in connection with anyaction shall be identified in such minutes.

(g)  The interstate commission shall collectstandardized data concerning the interstate movement of offenders as directedthrough its bylaws and rules which shall specify the data to be collected, themeans of collection and data exchange, and reporting requirements.

 

ARTICLEVIII

RULEMAKINGFUNCTIONS OF THE INTERSTATE COMMISSION

 

(a)  The interstate commission shall promulgaterules in order to effectively and efficiently achieve the purposes of thecompact including transition rules governing administration of the compactduring the period in which it is being considered and enacted by the states.

(b)  Rulemaking shall occur pursuant to thecriteria set forth in this article and the bylaws and rules adopted pursuantthereto.  Such rulemaking shall substantially conform to the principles of thefederal Administrative Procedure Act, 5 U.S.C.S. section 551 et seq., and thefederal Advisory Committee Act, 5 U.S.C.S. app. 2, section 1 et seq., as may beamended (hereinafter "APA").  All rules and amendments shall becomebinding as of the date specified in each rule or amendment.

(c)  If a majority of the legislatures of thecompacting states rejects a rule, by enactment of a statute or resolution inthe same manner used to adopt the compact, then the rule shall have no furtherforce and effect in any compacting state.

When promulgating a rule, the interstatecommission shall:

(1)  Publish the proposed rule stating withparticularity the text of the rule which is proposed and the reason for theproposed rule;

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

(3)  Provide an opportunity for an informal hearing;and

(4)  Adopt a final rule and its effective date, ifappropriate, based on the rulemaking record.

(d)  Not later than sixty days after a rule ispromulgated, any interested person may file a petition in the United StatesDistrict Court for the District of Columbia or in the federal district courtwhere the interstate commission's principal office is located for judicialreview of such rule.  If the court finds that the interstate commission'saction is not supported by substantial evidence (as used in the APA), in therulemaking record, the court shall hold the rule unlawful and set it aside. Subjects to be addressed within twelve months after the first meeting shall ata minimum include:

(1)  Notice to victims and opportunity to be heard;

(2)  Offender registration and compliance;

(3)  Violations/returns;

(4)  Transfer procedures and forms;

(5)  Eligibility for transfer;

(6)  Collection of restitution and fees fromoffenders;

(7)  Data collection and reporting;

(8)  The level of supervision to be provided by thereceiving state;

(9)  Transition rules governing the operation of thecompact and the interstate commission during all or part of the period betweenthe effective date of the compact and the date on which the last eligible stateadopts the compact; and

(10)  Mediation, arbitration and dispute resolution.

The existing rules governing the operation ofthe previous compact superseded by this Act shall be void twelve months afterthe first meeting of the interstate commission created hereunder.

Upon determination by the interstate commissionthat an emergency exists, it may adopt an emergency rule which shall becomeeffective immediately upon adoption, provided that the usual rulemakingprocedures provided hereunder shall be retroactively applied to that rule assoon as reasonably possible, in no event later than ninety days after theeffective date of the rule.

 

ARTICLE IX

OVERSIGHT,ENFORCEMENT, AND DISPUTE RESOLUTION

BY THEINTERSTATE COMMISSION

 

Section A.  Oversight.  The interstatecommission shall oversee the interstate movement of adult offenders in thecompacting states and shall monitor such activities being administered innoncompacting states which may significantly affect compacting states.

The courts and executive agencies in eachcompacting state shall enforce this compact and shall take all actionsnecessary and appropriate to effectuate the compact's purposes and intent.  Inany judicial or administrative proceeding in a compacting state pertaining tothe subject matter of this compact which may affect the powers,responsibilities, or actions of the interstate commission, the interstatecommission shall be entitled to receive all service of process in any suchproceeding, and shall have standing to intervene in the proceeding for allpurposes.

Section B.  Dispute resolution.  Thecompacting states shall report to the interstate commission on issues oractivities of concern to them, and cooperate with and support the interstatecommission in the discharge of its duties and responsibilities.

The interstate commission shall attempt toresolve any disputes or other issues which are subject to the compact and whichmay arise among compacting states and noncompacting states.

The interstate commission shall enact a bylawor adopt a rule providing for both mediation and binding dispute resolution fordisputes among the compacting states.

Section C.  Enforcement.  The interstatecommission, in the reasonable exercise of its discretion, shall enforce theprovisions 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 orprovide for the payment of the reasonable expenses of its establishment,organization, and ongoing activities.

(b)  The interstate commission shall levy onand collect an annual assessment from each compacting state to cover the costof the internal operations and activities of the interstate commission and itsstaff which shall be in a total amount sufficient to cover the interstatecommission's annual budget as approved each year.  The aggregate annualassessment amount shall be allocated based upon a formula to be determined bythe interstate commission, taking into consideration the population of thestate and the volume of interstate movement of offenders in each compactingstate and shall adopt a rule binding upon all compacting states which governsthe assessment.

(c)  The interstate commission shall not incurany obligations of any kind prior to securing the funds adequate to meet them;nor shall the interstate commission pledge the credit of any of the compactingstates, except by and with the authority of the compacting state.

(d)  The interstate commission shall keepaccurate accounts of all receipts and disbursements.  The receipts anddisbursements of the interstate commission shall be subject to the audit andaccounting procedures established under its bylaws.  However, all receipts anddisbursements of funds handled by the interstate commission shall be auditedyearly by a certified or licensed public accountant and the report of the auditshall be included in and become part of the annual report of the interstatecommission.

 

ARTICLE XI

COMPACTINGSTATES, EFFECTIVE DATE AND AMENDMENT

 

Any state, as defined in this compact, iseligible to become a compacting state.  The compact shall become effective andbinding upon legislative enactment of the compact into law by no less thanthirty-five of the states.  The initial effective date shall be the later ofJuly 1, 2001, or upon enactment into law by the thirty-fifth jurisdiction. Thereafter it shall become effective and binding, as to any other compactingstate, upon enactment of the compact into law by that state.  The governors ofnoncompacting states or their designees will be invited to participate ininterstate commission activities on a nonvoting basis prior to adoption of thecompact by all states and territories of the United States.

Amendments to the compact may be proposed bythe interstate commission for enactment by the compacting states.  No amendmentshall become effective and binding upon the interstate commission and thecompacting states until it is enacted into law by unanimous consent of thecompacting states.

 

ARTICLEXII

WITHDRAWAL,DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT

 

Section A.  Withdrawal.  (a)  Onceeffective, the compact shall continue in force and remain binding upon each andevery compacting state; provided that a compacting state may withdraw from thecompact ("withdrawing state") by enacting a statute specificallyrepealing the statute which enacted the compact into law.

(b)  The effective date of withdrawal is theeffective date of the repeal.

(c)  The withdrawing state shall immediatelynotify the chairperson of the interstate commission in writing upon theintroduction of legislation repealing this compact in the withdrawing state. The interstate commission shall notify the other compacting states of thewithdrawing state's intent to withdraw within sixty days of its receiptthereof.

(d)  The withdrawing state is responsible forall assessments, obligations and liabilities incurred through the effectivedate of withdrawal, including any obligations, the performance of which extendbeyond the effective date of withdrawal.

(e)  Reinstatement following withdrawal of anycompacting state shall occur upon the withdrawing state reenacting the compactor upon such later date as determined by the interstate commission.

Section B.  Default.  (a)  If theinterstate commission determines that any compacting state has at any timedefaulted ("defaulting state") in the performance of any of itsobligations or responsibilities under this compact, the bylaws or any dulypromulgated rules, the interstate commission may impose any or all of thefollowing penalties:

(1)  Fines, fees and costs in amounts as are deemedreasonable by the interstate commission;

(2)  Remedial training and technical assistance asdirected by the interstate commission; and

(3)  Suspension and termination of membership in thecompact.

(b)  Suspension shall be imposed only after allother reasonable means of securing compliance under the bylaws and rules havebeen exhausted.  Immediate notice of suspension shall be given by theinterstate commission to the governor, the chief justice of the state; themajority and minority leaders of the defaulting state's legislature, and thestate council.

(c)  The grounds for default include, but arenot limited to, failure of a compacting state to perform such obligations orresponsibilities imposed upon it by this compact, interstate commission bylaws,or duly promulgated rules.  The interstate commission shall immediately notifythe defaulting state in writing of the penalty imposed by the interstatecommission on the defaulting state pending a cure of the default.  Theinterstate commission shall stipulate the conditions and the time period withinwhich the defaulting state must cure its default.  If the defaulting statefails to cure the default within the time period specified by the interstatecommission, in addition to any other penalties imposed herein, the defaultingstate may be terminated from the compact upon an affirmative vote of a majorityof the compacting states and all rights, privileges and benefits conferred bythis compact shall be terminated from the effective date of suspension.  Withinsixty days of the effective date of termination of a defaulting state, theinterstate commission shall notify the governor, the chief justice and themajority and minority leaders of the defaulting state's legislature and thestate council of such termination.

(d)  The defaulting state is responsible forall assessments, obligations and liabilities incurred through the effectivedate of termination including any obligations, the performance of which extendsbeyond the effective date of termination.  The interstate commission shall notbear any costs relating to the defaulting state unless otherwise mutuallyagreed upon between the interstate commission and the defaulting state. Reinstatement following termination of any compacting state requires both areenactment of the compact by the defaulting state and the approval of theinterstate commission pursuant to the rules.

Section C.  Judicial enforcement.  Theinterstate commission, by majority vote of the members, may initiate legalaction in the United States District Court for the District of Columbia or, atthe discretion of the interstate commission, in the federal district where theinterstate commission has its offices to enforce compliance with the provisionsof the compact, its duly promulgated rules and bylaws, against any compactingstate in default.  In the event judicial enforcement is necessary theprevailing party shall be awarded all costs of such litigation includingreasonable attorneys fees.

Section D.  Dissolution of compact.  Thecompact dissolves effective upon the date of the withdrawal or default of thecompacting state which reduces membership in the compact to one compactingstate.  Upon the dissolution of this compact, the compact becomes void andshall be of no further effect, and the business and affairs of the interstatecommission shall be wound up and any surplus funds shall be distributed inaccordance with the bylaws.

 

ARTICLEXIII

SEVERABILITYAND CONSTRUCTION

 

The provisions of this compact shall beseverable, and if any phrase, clause, sentence or provision is deemedunenforceable, the remaining provisions of the compact shall be enforceable.

The provisions of this compact shall beliberally constructed to effectuate its purposes.

 

ARTICLEXIV

BINDINGEFFECT OF COMPACT AND OTHER LAWS

 

Section A.  Other laws.  Nothing hereinprevents the enforcement of any other law of a compacting state that is notinconsistent with this compact.

All compacting states' laws conflicting withthis 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 andbylaws promulgated by the interstate commission, are binding upon thecompacting states.

(b)  All agreements between the interstatecommission and the compacting states are binding in accordance with their terms.

(c)  Upon the request of a party to a conflictover meaning or interpretation of interstate commission actions, and upon amajority vote of the compacting states, the interstate commission may issueadvisory opinions regarding such meaning or interpretation.

(d)  In the event any provision of this compactexceeds the constitutional limits imposed on the legislature of any compactingstate, the obligations, duties, powers, or jurisdiction sought to be conferredby those provisions upon the interstate commission shall be ineffective andthose obligations, duties, powers, or jurisdiction shall remain in thecompacting state and shall be exercised by the agency thereof to which theobligations, duties, powers, or jurisdiction are delegated by law in effect atthe time this compact becomes effective. [L 2000, c 185, pt of §1]