State Codes and Statutes
Statutes > Utah > Title-53a > Chapter-01 > 53a-1-100153A-1-1001. Interstate Compact on Educational Opportunity for MilitaryChildren.
It is the purpose of this compact to remove barriers to educational success imposed onchildren of military families because of frequent moves and deployment of their parents by:
A. Facilitating the timely enrollment of children of military families and ensuring thatthey are not placed at a disadvantage due to difficulty in the transfer of education records fromthe previous school district or variations in entrance or age requirements.
B. Facilitating the student placement process through which children of military familiesare not disadvantaged by variations in attendance requirements, scheduling, sequencing, grading,course content, or assessment.
C. Facilitating the qualification and eligibility for enrollment, educational programs, andparticipation in extracurricular academic, athletic, and social activities.
D. Facilitating the on-time graduation of children of military families.
E. Providing for the promulgation and enforcement of administrative rules implementingthe provisions of this compact.
F. Providing for the uniform collection and sharing of information between and amongmember states, schools, and military families under this compact.
G. Promoting coordination between this compact and other compacts affecting militarychildren.
H. Promoting flexibility and cooperation between the educational system, parents, andthe student in order to achieve educational success for the student.
As used in this compact, unless the context clearly requires a different construction:
A. "Active duty" means: full-time duty status in the active uniformed service of theUnited States, including members of the National Guard and Reserve on active duty orderspursuant to 10 U.S.C. Sections 1209 and 1211.
B. "Children of military families" means: a school-aged child, enrolled in Kindergartenthrough Twelfth grade, in the household of an active duty member.
C. "Compact commissioner" means: the voting representative of each compacting stateappointed pursuant to Article VIII of this compact.
D. "Deployment" means: the period one month prior to the service members' departurefrom their home station on military orders though six months after return to their home station.
E. "Education" or "educational records" means: those official records, files, and datadirectly related to a student and maintained by the school or local education agency, including butnot limited to records encompassing all the material kept in the student's cumulative folder suchas general identifying data, records of attendance and of academic work completed, records ofachievement and results of evaluative tests, health data, disciplinary status, test protocols, andindividualized education programs.
F. "Extracurricular activities" means: a voluntary activity sponsored by the school orlocal education agency or an organization sanctioned by the local education agency. Extracurricular activities include, but are not limited to, preparation for and involvement inpublic performances, contests, athletic competitions, demonstrations, displays, and club
activities.
G. "Interstate Commission on Educational Opportunity for Military Children" means: thecommission that is created under Article IX of this compact, which is generally referred to asInterstate Commission.
H. "Local education agency" means: a public authority legally constituted by the state asan administrative agency to provide control of and direction for Kindergarten through Twelfthgrade public educational institutions.
I. "Member state" means: a state that has enacted this compact.
J. "Military installation" means: a base, camp, post, station, yard, center, homeportfacility for any ship, or other activity under the jurisdiction of the Department of Defense,including any leased facility, which is located within any of the several states, the District ofColumbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa,the Northern Marianas Islands, and any other U.S. Territory. Such term does not include anyfacility used primarily for civil works, rivers and harbors projects, or flood control projects.
K. "Non-member state" means: a state that has not enacted this compact.
L. "Receiving state" means: the state to which a child of a military family is sent,brought, or caused to be sent or brought.
M. "Rule" means: a written statement by the Interstate Commission promulgatedpursuant to Article XII of this compact that is of general applicability, implements, interprets, orprescribes a policy or provision of the compact, or an organizational, procedural, or practicerequirement of the Interstate Commission, and has the force and effect of a rule promulgatedunder Utah Code Annotated Title 63G, Chapter 3, Utah Administrative Rulemaking Act, andincludes the amendment, repeal, or suspension of an existing rule.
N. "Sending state" means: the state from which a child of a military family is sent,brought, or caused to be sent or brought.
O. "State" means: a state of the United States, the District of Columbia, theCommonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the NorthernMarianas Islands, and any other U.S. Territory.
P. "Student" means: the child of a military family for whom the local education agencyreceives public funding and who is formally enrolled in Kindergarten through Twelfth grade.
Q. "Transition" means: 1) the formal and physical process of transferring from school toschool; or 2) the period of time in which a student moves from one school in the sending state toanother school in the receiving state.
R. "Uniformed service" means: the Army, Navy, Air Force, Marine Corps, Coast Guardas well as the Commissioned Corps of the National Oceanic and Atmospheric Administration,and Public Health Services.
S. "Veteran" means: a person who served in the uniformed services and who wasdischarged or released therefrom under conditions other than dishonorable.
A. Except as otherwise provided in Section B, this compact shall apply to the children of:
1. active duty members of the uniformed services as defined in this compact, includingmembers of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Sections1209 and 1211;
2. members or veterans of the uniformed services who are severely injured and medically
discharged or retired for a period of one year after medical discharge or retirement; and
3. members of the uniformed services who die on active duty or as a result of injuriessustained on active duty for a period of one year after death.
B. The provisions of this interstate compact shall only apply to local education agenciesas defined in this compact.
C. The provisions of this compact shall not apply to the children of:
1. inactive members of the national guard and military reserves;
2. members of the uniformed services now retired, except as provided in Section A;
3. veterans of the uniformed services, except as provided in Section A, and other U.S.Dept. of Defense personnel and other federal agency civilian and contract employees not definedas active duty members of the uniformed services.
A. Unofficial or "hand-carried" education records -- In the event that official educationrecords cannot be released to the parents for the purpose of transfer, the custodian of the recordsin the sending state shall prepare and furnish to the parent a complete set of unofficialeducational records containing uniform information as determined by the Interstate Commission. Upon receipt of the unofficial education records by a school in the receiving state, the schoolshall enroll and appropriately place the student based on the information provided in theunofficial records pending validation by the official records, as quickly as possible.
B. Official education records or transcripts -- Simultaneous with the enrollment andconditional placement of the student, the school in the receiving state shall request the student'sofficial education record from the school in the sending state. Upon receipt of this request, theschool in the sending state will process and furnish the official education records to the school inthe receiving state within 10 days or within such time as is reasonably determined under the rulespromulgated by the Interstate Commission.
C. Immunizations -- Compacting states shall give 30 days from the date of enrollment orwithin such time as is reasonably determined under the rules promulgated by the InterstateCommission, for students to obtain any immunization required by the receiving state. For aseries of immunizations, initial vaccinations must be obtained within 30 days or within such timeas is reasonably determined under the rules promulgated by the Interstate Commission.
D. Kindergarten and First grade entrance age -- Students shall be allowed to continuetheir enrollment at grade level in the receiving state commensurate with their grade level,including Kindergarten, from a local education agency in the sending state at the time oftransition, regardless of age. A student that has satisfactorily completed the prerequisite gradelevel in the local education agency in the sending state shall be eligible for enrollment in the nexthighest grade level in the receiving state, regardless of age. Students transferring after the start ofthe school year in the receiving state shall enter the school in the receiving state on theirvalidated level from an accredited school in the sending state.
A. Course placement -- When the student transfers before or during the school year, thereceiving state school shall initially honor placement of the student in educational courses basedon the student's enrollment in the sending state school and/or educational assessments conductedat the school in the sending state if the courses are offered. Course placement includes but is not
limited to Honors, International Baccalaureate, Advanced Placement, vocational, technical, andcareer pathways courses. Continuing the student's academic program from the previous schooland promoting placement in academically and career challenging courses should be paramountwhen considering placement. This does not preclude the school in the receiving state fromperforming subsequent evaluations to ensure appropriate placement and continued enrollment ofthe student in the course.
B. Educational program placement -- The receiving state school shall initially honorplacement of the student in educational programs based on current educational assessmentsconducted at the school in the sending state or participation or placement in like programs in thesending state. Such programs include, but are not limited to: 1) gifted and talented programs;and 2) English as a second language (ESL). This does not preclude the school in the receivingstate from performing subsequent evaluations to ensure appropriate placement of the student.
C. Special education services -- 1) In compliance with the federal requirements of theIndividuals with Disabilities Education Act (IDEA), 20 U.S.C. Section 1400 et seq., the receivingstate shall initially provide comparable services to a student with disabilities based on thestudent's current Individualized Education Program (IEP); and 2) In compliance with therequirements of Section 504 of the Rehabilitation Act, 29 U.S.C. Section 794, and with Title II ofthe Americans with Disabilities Act, 42 U.S.C. Sections 12131-12165, the receiving state shallmake reasonable accommodations and modifications to address the needs of incoming studentswith disabilities, subject to an existing 504 or Title II Plan, to provide the student with equalaccess to education. This does not preclude the school in the receiving state from performingsubsequent evaluations to ensure appropriate placement of the student.
D. Placement flexibility -- Local education agency administrative officials shall haveflexibility in waiving course or program prerequisites, or other preconditions for placement, incourses or programs offered under the jurisdiction of the local education agency.
E. Absence as related to deployment activities -- A student whose parent or legalguardian is an active duty member of the uniformed services, as defined by the compact, and hasbeen called to duty for, is on leave from, or immediately returned from deployment to a combatzone or combat support posting, shall be granted additional excused absences at the discretion ofthe local education agency superintendent to visit with his or her parent or legal guardian relativeto such leave or deployment of the parent or guardian.
A. Eligibility for enrollment.
1. Special power of attorney, relative to the guardianship of a child of a military familyand executed under applicable law, shall be sufficient for the purposes of enrollment and all otheractions requiring parental participation and consent.
2. A local education agency shall be prohibited from charging local tuition to atransitioning military child placed in the care of a non-custodial parent or other person standingin loco parentis who lives in a jurisdiction other than that of the custodial parent.
3. A transitioning military child, placed in the care of a non-custodial parent or otherperson standing in loco parentis who lives in a jurisdiction other than that of the custodial parent,may continue to attend the school in which the student was enrolled while residing with thecustodial parent.
B. Eligibility for extracurricular participation -- State and local education agencies shall
facilitate the opportunity for transitioning military children's inclusion in extracurricularactivities, regardless of application deadlines, to the extent they are otherwise qualified.
In order to facilitate the on-time graduation of children of military families, states andlocal education agencies shall incorporate the following procedures:
A. Waiver requirements -- Local education agency administrative officials shall waivespecific courses required for graduation if similar coursework has been satisfactorily completedin another local education agency or shall provide reasonable justification for denial. Should awaiver not be granted to a student who would qualify to graduate from the sending school, thelocal education agency shall provide an alternative means of acquiring required coursework sothat graduation may occur on time.
B. Exit exams -- States shall accept: 1) exit or end-of-course exams required forgraduation from the sending state; 2) national norm-referenced achievement tests; or 3)alternative testing, in lieu of testing requirements for graduation in the receiving state. In theevent the above alternatives cannot be accommodated by the receiving state for a studenttransferring in the student's Senior year, then the provisions of Article VII, Section C shall apply.
C. Transfers during Senior year -- Should a military student transferring at the beginningor during the student's Senior year be ineligible to graduate from the receiving local educationagency after all alternatives have been considered, the sending and receiving local educationagencies shall ensure the receipt of a diploma from the sending local education agency, if thestudent meets the graduation requirements of the sending local education agency. In the eventthat one of the states in question is not a member of this compact, the member state shall use bestefforts to facilitate the on-time graduation of the student in accordance with Sections A and B ofthis Article.
A. Each member state shall, through the creation of a State Council or use of an existingbody or board, provide for the coordination among its agencies of government, local educationagencies, and military installations concerning the state's participation in, and compliance with,this compact and Interstate Commission activities. While each member state may determine themembership of its own State Council, its membership must include at least: the statesuperintendent of education, superintendent of a school district with a high concentration ofmilitary children, representative from a military installation, one representative each from thelegislative and executive branches of government, and other offices and stakeholder groups theState Council deems appropriate. A member state that does not have a school district deemed tocontain a high concentration of military children may appoint a superintendent from anotherschool district to represent local education agencies on the State Council.
B. The State Council of each member state shall appoint or designate a military familyeducation liaison to assist military families and the state in facilitating the implementation of thiscompact.
C. The compact commissioner responsible for the administration and management of thestate's participation in the compact shall be appointed by the Governor or as otherwisedetermined by each member state.
D. The compact commissioner and the military family education liaison designated
herein shall be ex-officio members of the State Council, unless either is already a full votingmember of the State Council.
The member states hereby create the "Interstate Commission on Educational Opportunityfor Military Children." The activities of the Interstate Commission are the formation of publicpolicy and are a discretionary state function. The Interstate Commission shall:
A. Be a body corporate and joint agency of the member states and shall have all theresponsibilities, powers, and duties set forth herein, and such additional powers as may beconferred upon it by a subsequent concurrent action of the respective legislatures of the memberstates in accordance with the terms of this compact.
B. Consist of one Interstate Commission voting representative from each member statewho shall be that state's compact commissioner.
1. Each member state represented at a meeting of the Interstate Commission is entitled toone vote.
2. A majority of the total member states shall constitute a quorum for the transaction ofbusiness, unless a larger quorum is required by the bylaws of the Interstate Commission.
3. A representative shall not delegate a vote to another member state. In the event thecompact commissioner is unable to attend a meeting of the Interstate Commission, the Governoror State Council may delegate voting authority to another person from their state for a specifiedmeeting.
4. The bylaws may provide for meetings of the Interstate Commission to be conducted bytelecommunication or electronic communication.
C. Consist of ex-officio, non-voting representatives who are members of interestedorganizations. Such ex-officio members, as defined in the bylaws, may include but not belimited to, members of the representative organizations of military family advocates, localeducation agency officials, parent and teacher groups, the U.S. Department of Defense, theEducation Commission of the States, the Interstate Agreement on the Qualification ofEducational Personnel, and other interstate compacts affecting the education of children ofmilitary members.
D. Meet at least once each calendar year. The chairperson may call additional meetingsand, upon the request of a simple majority of the member states, shall call additional meetings.
E. Establish an executive committee, whose members shall include the officers of theInterstate Commission and such other members of the Interstate Commission as determined bythe bylaws. Members of the executive committee shall serve a one-year term. Members of theexecutive committee shall be entitled to one vote each. The executive committee shall have thepower to act on behalf of the Interstate Commission, with the exception of rulemaking, duringperiods when the Interstate Commission is not in session. The executive committee shall overseethe day-to-day activities of the administration of the compact including enforcement andcompliance with the provisions of the compact, its bylaws and rules, and other such duties asdeemed necessary. The U.S. Dept. of Defense shall serve as an ex-officio, nonvoting member ofthe executive committee.
F. Establish bylaws and rules that provide for conditions and procedures under which theInterstate Commission shall make its information and official records available to the public for
inspection or copying. The Interstate Commission may exempt from disclosure information orofficial records to the extent they would adversely affect personal privacy rights or proprietaryinterests.
G. Give public notice of all meetings and all meetings shall be open to the public, exceptas set forth in the rules or as otherwise provided in the compact. The Interstate Commission andits committees may close a meeting, or portion thereof, where it determines by two-thirds votethat an open meeting would be likely to:
1. relate solely to the Interstate Commission's internal personnel practices andprocedures;
2. disclose matters specifically exempted from disclosure by federal and state statute;
3. disclose trade secrets or commercial or financial information which is privileged orconfidential;
4. involve accusing a person of a crime, or formally censuring a person;
5. disclose information of a personal nature where disclosure would constitute a clearlyunwarranted invasion of personal privacy;
6. disclose investigative records compiled for law enforcement purposes; or
7. specifically relate to the Interstate Commission's participation in a civil action or otherlegal proceeding.
H. Shall cause its legal counsel or designee to certify that a meeting may be closed andshall reference each relevant exemptible provision for any meeting, or portion of a meeting,which is closed pursuant to this provision. The Interstate Commission shall keep minutes whichshall fully and clearly describe all matters discussed in a meeting and shall provide a full andaccurate summary of actions taken, and the reasons therefore, including a description of theviews expressed and the record of a roll call vote. All documents considered in connection withan action shall be identified in such minutes. All minutes and documents of a closed meetingshall remain under seal, subject to release by a majority vote of the Interstate Commission.
I. Shall collect standardized data concerning the educational transition of the children ofmilitary families under this compact as directed through its rules which shall specify the data tobe collected, the means of collection, and data exchange and reporting requirements. Suchmethods of data collection, exchange, and reporting shall, in so far as is reasonably possible,conform to current technology and coordinate its information functions with the appropriatecustodian of records as identified in the bylaws and rules.
J. Shall create a process that permits military officials, education officials, and parents toinform the Interstate Commission if and when there are alleged violations of the compact or itsrules or when issues subject to the jurisdiction of the compact or its rules are not addressed by thestate or local education agency. This section shall not be construed to create a private right ofaction against the Interstate Commission or any member state.
The Interstate Commission shall have the following powers:
A. To provide for dispute resolution among member states.
B. To promulgate rules and take all necessary actions to effect the goals, purposes, andobligations as enumerated in this compact. The rules shall have the force and effect of rulespromulgated under Utah Code Annotated Title 63G, Chapter 3, Utah Administrative RulemakingAct, and shall be binding in the compact states to the extent and in the manner provided in this
compact.
C. To issue, upon request of a member state, advisory opinions concerning the meaningor interpretation of the interstate compact, its bylaws, rules, and actions.
D. To monitor compliance with the compact provisions, the rules promulgated by theInterstate Commission, and the bylaws. Any action to enforce compliance with the compactprovision by the Interstate Commission shall be brought against a member state only.
E. To establish and maintain offices which shall be located within one or more of themember states.
F. To purchase and maintain insurance and bonds.
G. To borrow, accept, hire, or contract for services of personnel.
H. To establish and appoint committees including, but not limited to, an executivecommittee as required by Article IX, Section E, which shall have the power to act on behalf ofthe Interstate Commission in carrying out its powers and duties hereunder.
I. To elect or appoint such officers, attorneys, employees, agents, or consultants, and tofix their compensation, define their duties and determine their qualifications, and to establish theInterstate Commission's personnel policies and programs relating to conflicts of interest, rates ofcompensation, and qualifications of personnel.
J. To accept any and all donations and grants of money, equipment, supplies, materials,and services, and to receive, utilize, and dispose of it.
K. To lease, purchase, accept contributions, or donations of, or otherwise to own, hold,improve, or use any property - real, personal, or mixed.
L. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose ofany property - real, personal, or mixed.
M. To establish a budget and make expenditures.
N. To adopt a seal and bylaws governing the management and operation of the InterstateCommission.
O. To report annually to the legislatures, governors, judiciary, and state councils of themember 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 theInterstate Commission.
P. To coordinate education, training, and public awareness regarding the compact and itsimplementation and operation for officials and parents involved in such activity.
Q. To establish uniform standards for the reporting, collecting, and exchanging of data.
R. To maintain corporate books and records in accordance with the bylaws.
S. To perform such functions as may be necessary or appropriate to achieve the purposesof this compact.
T. To provide for the uniform collection and sharing of information between and amongmember states, schools, and military families under this compact.
A. The Interstate Commission shall, by a majority of the members present and voting,within 12 months after the first Interstate Commission meeting, adopt bylaws to govern itsconduct as may be necessary or appropriate to carry out the purposes of the compact, including,but not limited to:
1. establishing the fiscal year of the Interstate Commission;
2. establishing an executive committee, and such other committees as may be necessary;
3. providing for the establishment of committees and for governing any general orspecific delegation of authority or function of the Interstate Commission;
4. providing reasonable procedures for calling and conducting meetings of the InterstateCommission, and ensuring reasonable notice of each such meeting;
5. establishing the titles and responsibilities of the officers and staff of the InterstateCommission;
6. providing a mechanism for concluding the operations of the Interstate Commissionand the return of surplus funds that may exist upon the termination of the compact after thepayment and reserving of all of its debts and obligations; and
7. providing "start up" rules for initial administration of the compact.
B. The Interstate Commission shall, by a majority of the members, elect annually fromamong its members a chairperson, a vice-chairperson, and a treasurer, each of whom shall havesuch authority and duties as may be specified in the bylaws. The chairperson or, in thechairperson's absence or disability, the vice-chairperson, shall preside at all meetings of theInterstate Commission. The officers so elected shall serve without compensation orremuneration from the Interstate Commission; provided that, subject to the availability ofbudgeted funds, the officers shall be reimbursed for ordinary and necessary costs and expensesincurred by them in the performance of their responsibilities as officers of the InterstateCommission.
C. Executive Committee, Officers, and Personnel.
1. The executive committee shall have such authority and duties as may be set forth inthe bylaws, including, but not limited to:
a. managing the affairs of the Interstate Commission in a manner consistent with thebylaws and purposes of the Interstate Commission;
b. overseeing an organizational structure within, and appropriate procedures for theInterstate Commission to provide for the creation of rules, operating procedures, andadministrative and technical support functions; and
c. planning, implementing, and coordinating communications and activities with otherstate, federal, and local government organizations in order to advance the goals of the InterstateCommission.
2. The executive committee may, subject to the approval of the Interstate Commission,appoint or retain an executive director for such period, upon such terms and conditions and forsuch compensation, as the Interstate Commission may deem appropriate. The executive directorshall serve as secretary to the Interstate Commission, but shall not be a member of the InterstateCommission. The executive director shall hire and supervise such other persons as may beauthorized by the Interstate Commission.
D. The Interstate Commission's executive director and its employees shall be immunefrom suit and liability, either personally or in their official capacity, for a claim for damage to orloss of property or personal injury or other civil liability caused or arising out of or relating to anactual or alleged act, error, or omission that occurred, or that such person had a reasonable basisfor believing occurred, within the scope of Interstate Commission employment, duties, orresponsibilities; provided that, such person shall not be protected from suit or liability fordamage, loss, injury, or liability caused by the intentional or willful and wanton misconduct ofsuch person.
1. The liability of the Interstate Commission's executive director and employees orInterstate Commission representatives, acting within the scope of such person's employment orduties for acts, errors, or omissions occurring within such person's state may not exceed thelimits of liability set forth under the Constitution and laws of that state for state officials,employees, and agents. The Interstate Commission is considered to be an instrumentality of thestates for the purposes of any such action. Nothing in this subsection shall be construed toprotect such person from suit or liability for damage, loss, injury, or liability caused by theintentional or willful and wanton misconduct of such person.
2. The Interstate Commission shall defend the executive director and its employees and,subject to the approval of the Attorney General or other appropriate legal counsel of the memberstate represented by an Interstate Commission representative, shall defend such InterstateCommission representative in any civil action seeking to impose liability arising out of an actualor alleged act, error, or omission that occurred within the scope of Interstate Commissionemployment, duties, or responsibilities, or that the defendant had a reasonable basis for believingoccurred 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 orwillful and wanton misconduct on the part of such person.
3. To the extent not covered by the state involved, the member state, or the InterstateCommission, the representatives or employees of the Interstate Commission shall be heldharmless in the amount of a settlement or judgment, including attorney fees and costs, obtainedagainst such persons arising out of an actual or alleged act, error, or omission that occurredwithin the scope of Interstate Commission employment, duties, or responsibilities, or that suchpersons had a reasonable basis for believing occurred within the scope of Interstate Commissionemployment, duties, or responsibilities; provided that, the actual or alleged act, error, or omissiondid not result from intentional or willful and wanton misconduct on the part of such persons.
A. Rulemaking Authority -- The Interstate Commission shall promulgate reasonablerules in order to effectively and efficiently achieve the purposes of this compact. Notwithstanding the foregoing, in the event the Interstate Commission exercises its rulemakingauthority in a manner that is beyond the scope of the purposes of this act, or the powers grantedhereunder, then such an action by the Interstate Commission shall be invalid and have no force oreffect.
B. Rulemaking Procedure -- Rules shall be made pursuant to a rulemaking process thatsubstantially conforms to the "Model State Administrative Procedure Act," of 1981, UniformLaws Annotated, Vol. 15, p.1 (2000) as amended, as may be appropriate to the operations of theInterstate Commission.
C. Not later than 30 days after a rule is promulgated, any person may file a petition forjudicial review of the rule; provided that, the filing of such a petition shall not stay or otherwiseprevent the rule from becoming effective unless the court finds that the petitioner has asubstantial likelihood of success. The court shall give deference to the actions of the InterstateCommission consistent with applicable law and shall not find the rule to be unlawful if the rulerepresents a reasonable exercise of the Interstate Commission's authority.
D. If a majority of the legislatures of the compacting states rejects a rule by enactment ofa 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.
A. Oversight.
1. Each member state shall enforce this compact to effectuate the compact's purposes andintent. The provisions of this compact and the rules promulgated hereunder shall have standingas a rule promulgated under Utah Code Annotated Title 63G, Chapter 3, Utah AdministrativeRulemaking Act.
2. All courts shall take judicial notice of the compact and the rules in any judicial oradministrative proceeding in a member state pertaining to the subject matter of this compactwhich may affect the powers, responsibilities, or actions of the Interstate Commission.
3. The Interstate Commission shall be entitled to receive all service of process in anysuch proceeding, and shall have standing to intervene in the proceeding for all purposes. Failureto provide service of process to the Interstate Commission shall render a judgment or order voidas to the Interstate Commission, this compact, or promulgated rules.
B. Default, Technical Assistance, Suspension, and Termination -- If the InterstateCommission determines that a member state has defaulted in the performance of its obligationsor responsibilities under this compact, or the bylaws or promulgated rules, the InterstateCommission shall:
1. Provide written notice to the defaulting state and other member states, of the nature ofthe default, the means of curing the default, and any action taken by the Interstate Commission. The Interstate Commission shall specify the conditions by which the defaulting state must cureits default.
2. Provide remedial training and specific technical assistance regarding the default.
3. If the defaulting state fails to cure the default, the defaulting state shall be terminatedfrom the compact upon an affirmative vote of a majority of the member states and all rights,privileges, and benefits conferred by this compact shall be terminated from the effective date oftermination. A cure of the default does not relieve the offending state of obligations or liabilitiesincurred during the period of the default.
4. Suspension or termination of membership in the compact shall be imposed only afterall other means of securing compliance have been exhausted. Notice of intent to suspend orterminate shall be given by the Interstate Commission to the Governor, the majority and minorityleaders of the defaulting state's legislature, and each of the member states.
5. The state which has been suspended or terminated is responsible for all assessments,obligations, and liabilities incurred through the effective date of suspension or termination, not toexceed $5,000 per year, as provided in Article XIV, Subsection E, for each year that this state is amember of the compact.
6. The Interstate Commission shall not bear any costs relating to any state that has beenfound to be in default or which has been suspended or terminated from the compact, unlessotherwise mutually agreed upon in writing between the Interstate Commission and the defaultingstate.
7. The defaulting state may appeal the action of the Interstate Commission by petitioningthe U.S. District Court for the District of Columbia or the federal district where the InterstateCommission has its principal offices. The prevailing party shall be awarded all costs of suchlitigation including reasonable attorney fees.
C. Dispute Resolution.
1. The Interstate Commission shall attempt, upon the request of a member state, toresolve disputes which are subject to the compact and which may arise among member states andbetween member and non-member states.
2. The Interstate Commission shall promulgate a rule providing for both mediation andbinding dispute resolution for disputes as appropriate.
A. The Interstate Commission shall pay or provide for the payment of the reasonableexpenses of its establishment, organization, and ongoing activities.
B. In accordance with the funding limit established in Subsection E, the InterstateCommission may levy and collect an annual assessment from each member state to cover thecost of the operations and activities of the Interstate Commission and its staff which must be in atotal 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 bedetermined by the Interstate Commission, which shall promulgate a rule binding upon allmember states.
C. The Interstate Commission shall not incur obligations of any kind prior to securing thefunds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any ofthe member states, except by and with the authority of the member state.
D. The Interstate Commission shall keep accurate accounts of all receipts anddisbursements. The receipts and disbursements of the Interstate Commission shall be subject tothe audit and accounting procedures established under its bylaws. However, all receipts anddisbursements of funds handled by the Interstate Commission shall be audited yearly by acertified or licensed public accountant and the report of the audit shall be included in and becomepart of the annual report of the Interstate Commission.
E. The Interstate Commission may not assess, levy, or collect more than $5,000 per yearfrom Utah legislative appropriations. Other funding sources may be accepted and used to offsetexpenses related to the state's participation in the compact.
A. Any state is eligible to become a member state.
B. The compact shall become effective and binding upon legislative enactment of thecompact into law by no less than 10 of the states. The effective date shall be no earlier thanDecember 1, 2007. Thereafter it shall become effective and binding as to any other member stateupon enactment of the compact into law by that state. The governors of non-member states ortheir designees shall be invited to participate in the activities of the Interstate Commission on anon-voting basis prior to adoption of the compact by all states.
C. The Interstate Commission may propose amendments to the compact for enactment bythe member states. No amendment shall become effective and binding upon the InterstateCommission and the member states unless and until it is enacted into law by unanimous consentof the member states.
A. Withdrawal.
1. Once effective, the compact shall continue in force and remain binding upon each andevery member state; provided that, a member state may withdraw from the compact byspecifically repealing the statute, which enacted the compact into law.
2. Withdrawal from this compact shall be by the enactment of a statute repealing thesame.
3. The withdrawing state shall immediately notify the chairperson of the InterstateCommission in writing upon the introduction of legislation repealing this compact in thewithdrawing state. The Interstate Commission shall notify the other member states of thewithdrawing state's intent to withdraw within 60 days of its receipt thereof.
4. The withdrawing state is responsible for all assessments, obligations, and liabilitiesincurred through the effective date of withdrawal, not to exceed $5,000 per year, as provided inArticle XIV, Subsection E, for each year that this state is a member of the compact.
5. Reinstatement following withdrawal of a member state shall occur upon thewithdrawing state reenacting the compact or upon such later date as determined by the InterstateCommission.
B. Dissolution of Compact.
1. This compact shall dissolve effective upon the date of the withdrawal or default of themember state which reduces the membership in the compact to one member state.
2. Upon the dissolution of this compact, the compact becomes null and void and shall beof no further force or effect, and the business and affairs of the Interstate Commission shall beconcluded and surplus funds shall be distributed in accordance with the bylaws.
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 beenforceable.
B. The provisions of this compact shall be liberally construed to effectuate its purposes.
C. Nothing in this compact shall be construed to prohibit the applicability of otherinterstate compacts to which the states are members.
A. Other Laws -- Nothing herein prevents the enforcement of any other law of a memberstate.
B. Binding Effect of the Compact.
1. All lawful actions of the Interstate Commission, including all rules and bylawspromulgated by the Interstate Commission, are binding upon the member states.
2. All agreements between the Interstate Commission and the member states are bindingin accordance with their terms.
3. In the event any provision of this compact exceeds the statutory or constitutional limitsimposed on the legislature of any member state, such provision shall be ineffective to the extentof the conflict with the statutory or constitutional provision in question in that member state.
Enacted by Chapter 395, 2010 General Session
