State Codes and Statutes
Statutes > Utah > Title-55 > Chapter-12 > 55-12-11155-12-111. Article 11 -- Withdrawal, default, termination, and judicialenforcement.
(1) Section A. Withdrawal
(a) Once effective, the compact shall continue in force and remain binding upon each andevery compacting state.
(b) A compacting state may withdraw from the compact by specifically repealing thestatute which enacted the compact into law. The effective date of withdrawal is the effective dateof the repeal.
(c) The withdrawing state shall immediately notify the chairperson of the InterstateCommission in writing upon the introduction of legislation repealing the compact in thewithdrawing state. The commission shall notify the other compacting states of the withdrawingstate's intent to withdraw within 60 days of its receipt thereof.
(d) The withdrawing state is responsible for all assessments, obligations, and liabilitiesincurred through the effective date of withdrawal, including any obligations, the performance ofwhich extend beyond the effective date of withdrawal.
(e) Reinstatement following withdrawal of any compacting state shall occur upon thewithdrawing state reenacting the compact or upon a later date as determined by the commission.
(2) Section B. Technical Assistance, Fines, Suspension, Termination, and Default
(a) If the Interstate Commission determines that any compacting state has at any timedefaulted in the performance of any of its obligations or responsibilities under this compact, orthe by-laws or duly promulgated rules, the commission may impose any or all of the followingpenalties:
(i) remedial training and technical assistance as directed by the commission;
(ii) alternative dispute resolution;
(iii) fines, fees, and costs in amounts considered to be reasonable as fixed by thecommission; and
(iv) suspension or termination of membership in the compact.
(b) Suspension or termination of membership in the compact shall be imposed only afterall other reasonable means of securing compliance under the by-laws and rules have beenexhausted and the commission has determined that the offending state is in default.
(c) Immediate notice of suspension shall be given by the commission to the governor, thechief justice, or the chief judicial officer of the state, the majority and minority leaders of thedefaulting state's legislature, and the state council.
(d) The grounds for default include, but are not limited to, failure of a compacting stateto perform obligations or responsibilities imposed upon it by this compact, the by-laws, or dulypromulgated rules, and any other grounds designated in commission by-laws and rules.
(i) The commission shall immediately notify the defaulting state in writing of the penaltyimposed by the commission and of the default pending a cure of the default.
(ii) The commission shall stipulate the conditions and the time period within which thedefaulting state must cure its default.
(e) If the defaulting state fails to cure the default within the time period specified by thecommission, the defaulting state shall be terminated from the compact upon an affirmative voteof a majority of the compacting states and all rights, privileges, and benefits conferred by thiscompact shall be terminated upon the effective date of termination.
(f) Within 60 days of the effective date of termination of a defaulting state, the
commission shall notify the governor, the chief justice or chief judicial officer, the majority andminority leaders of the defaulting state's legislature, and the state council of the termination.
(g) The defaulting state is responsible for all assessments, obligations, and liabilitiesincurred through the effective date of termination including any obligations, the performance ofwhich extends beyond the effective date of termination.
(h) The commission may not bear any costs relating to the defaulting state unlessotherwise mutually agreed upon in writing between the commission and the defaulting state.
(i) Reinstatement following termination of any compacting state requires both areenactment of the compact by the defaulting state and the approval of the commission pursuantto the rules.
(3) Section C. Judicial Enforcement
(a) The Interstate Commission may, by majority vote of the members, initiate legalaction in the United States District Court for the District of Columbia or, at the discretion of theInterstate Commission, in the federal district where the Interstate Commission has its offices, toenforce compliance with the provisions of the compact, its duly promulgated rules and by-laws,against any compacting state in default.
(b) In the event judicial enforcement is necessary, the prevailing party shall be awardedall costs of litigation, including reasonable attorneys' fees.
(4) Section D. Dissolution of Compact
(a) The compact dissolves effective upon the date of the withdrawal or default of acompacting state, which reduces membership in the compact to one compacting state.
(b) Upon the dissolution of this compact, the compact becomes null and void and shallbe of no further force or effect, the business and affairs of the Interstate Commission shall beconcluded, and any surplus funds shall be distributed in accordance with the by-laws.
Enacted by Chapter 155, 2005 General Session
