589.530. Actions of commission, procedure.
Actions of commission, procedure.
589.530. 1. The Interstate Commission shall meet and take such actionsas are consistent with the provisions of this Compact.
2. Except as otherwise provided in this Compact and unless a greaterpercentage is required by the By-Laws, in order to constitute an act of theInterstate Commission, such act shall have been taken at a meeting of theInterstate Commission and shall have received an affirmative vote of amajority of the members present.
3. Each Member of the Interstate Commission shall have the right andpower to cast a vote to which that compacting state is entitled and toparticipate in the business and affairs of the Interstate Commission. AMember shall vote in person on behalf of the state and shall not delegate avote to another member state. However, a State Council shall appoint anotherauthorized representative, in the absence of the commissioner from that state,to cast a vote on behalf of the member state at a specified meeting. TheBy-Laws may provide for Members' participation in meetings by telephone orother means of telecommunication or electronic communication. Any votingconducted by telephone, or other means of telecommunication or electroniccommunication shall be subject to the same quorum requirements of meetingswhere members are present in person.
4. The Interstate Commission shall meet at least once during eachcalendar year. The chairperson of the Interstate Commission may calladditional meetings at any time and, upon the request of a majority of theMembers, shall call additional meetings.
5. The Interstate Commission's By-Laws shall establish conditions andprocedures under which the Interstate Commission shall make its informationand official records available to the public for inspection or copying. TheInterstate Commission may exempt from disclosure any information or officialrecords to the extent they would adversely affect personal privacy rights orproprietary interests. In promulgating such Rules, the Interstate Commissionmay make available to law enforcement agencies records and informationotherwise exempt from disclosure, and may enter into agreements with lawenforcement agencies to receive or exchange information or records subject tonondisclosure and confidentiality provisions.
6. Public notice shall be given of all meetings and all meetings shallbe open to the public, except as set forth in the Rules or as otherwiseprovided in the Compact. The Interstate Commission shall promulgate Rulesconsistent with the principles contained in the "Government in Sunshine Act,"5 U.S.C. Section 552(b), as may be amended. The Interstate Commission and anyof its committees may close a meeting to the public where it determines bytwo-thirds vote that an open meeting would be likely to:
(1) Relate solely to the Interstate Commission's internal personnelpractices and procedures;
(2) Disclose matters specifically exempted from disclosure by statute;
(3) Disclosure trade secrets or commercial or financial informationwhich is privileged or confidential;
(4) Involve accusing any person of a crime, or formally censuring anyperson;
(5) Disclose information of a personal nature where disclosure wouldconstitute a clearly unwarranted invasion of personal privacy;
(6) Disclose investigatory records compiled for law enforcementpurposes;
(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 regulated entity for the purpose ofregulation or supervision of such entity;
(8) Disclose information, the premature disclosure of which wouldsignificantly endanger the life or a person or the stability of a regulatedentity;
(9) Specifically relate to the Interstate Commission's issuance of asubpoena, or its participation in a civil action or proceeding.
7. For every meeting closed pursuant to this provision, the InterstateCommission's chief legal officer shall publicly certify that, in his or heropinion, the meeting may be closed to the public, and shall reference eachrelevant exemptive provision. The Interstate Commission shall keep minuteswhich shall fully and clearly describe all matters discussed in any meetingand shall provide a full and accurate summary of any actions taken, and thereasons therefor, including a description of each of the views expressed onany item and the record of all rollcall vote (reflected in the vote of eachMember on the question). All documents considered in connection with anyaction shall be identified in such minutes.
8. The Interstate Commission shall collect standardized data concerningthe interstate movement of offenders as directed through its By-laws and Ruleswhich shall specify the data to be collected, the means of collection and dataexchange and reporting requirements.
(L. 2000 H.B. 1321)Contingent effective date, see § 589.548