§ 7B-4001. (For effective date - see note) Governor to execute Compact; form of Compact.
§ 7B‑4001. (Foreffective date see note) Governor to execute Compact; form of Compact.
The Governor of North Carolinais authorized and directed to execute a Compact on behalf of the State of NorthCarolina with any state of the United States legally joining therein in theform substantially as follows:
"Article I.
Purpose.
(a) The compactingstates to this Interstate Compact recognize that each state is responsible forthe proper supervision or return of juveniles, delinquents, and statusoffenders who are on probation or parole and who have absconded, escaped, orrun away from supervision and control and in so doing have endangered their ownsafety and the safety of others. The compacting states also recognize that eachstate is responsible for the safe return of juveniles who have run away fromhome and in doing so have left their state of residence. The compacting statesalso recognize that Congress, by enacting the Crime Control Act, 4 U.S.C. § 112(1965), has authorized and encouraged compacts for cooperative efforts andmutual assistance in the prevention of crime.
(b) It is the purposeof this Compact, through means of joint and cooperative action among thecompacting states to:
(1) Ensure that theadjudicated juveniles and status offenders subject to this Compact are providedadequate supervision and services in the receiving state as ordered by theadjudicating judge or parole authority in the sending state;
(2) Ensure that thepublic safety interests of the citizens, including the victims of juvenileoffenders, in both the sending and receiving states are adequately protected;
(3) Return juveniles whohave run away, absconded, or escaped from supervision or control, or have beenaccused of an offense to the state requesting their return;
(4) Make contracts forthe cooperative institutionalization in public facilities in member states fordelinquent youth needing special services;
(5) Provide for theeffective tracking and supervision of juveniles;
(6) Equitably allocatethe costs, benefits, and obligations of the compacting states;
(7) Establish proceduresto manage the movement between states of juvenile offenders released to thecommunity under the jurisdiction of courts, juvenile departments, or any othercriminal or juvenile justice agency which has jurisdiction over juvenileoffenders;
(8) Ensure immediatenotice to jurisdictions where defined offenders are authorized to travel or torelocate across state lines;
(9) Establish proceduresto resolve pending charges (detainers) against juvenile offenders prior totransfer or release to the community under the terms of this Compact;
(10) Establish a system ofuniform data collection on information pertaining to juveniles subject to thisCompact that allows access by authorized juvenile justice and criminal justiceofficials and regular reporting of Compact activities to heads of stateexecutive, judicial, and legislative branches and juvenile and criminal justiceadministrators;
(11) Monitor compliancewith rules governing interstate movement of juveniles and initiateinterventions to address and correct noncompliance;
(12) Coordinate trainingand education regarding the regulation of interstate movement of juveniles forofficials involved in such activity; and
(13) Coordinate theimplementation and operation of the Compact with the Interstate Compact for thePlacement of Children, the Interstate Compact for Adult Offender Supervision,and other compacts affecting juveniles particularly in those cases whereconcurrent or overlapping supervision issues arise.
(c) It is the policy ofthe compacting states that the activities conducted by the InterstateCommission created herein are the formation of public policies and thereforeare public business. Furthermore, the compacting states shall cooperate and observetheir individual and collective duties and responsibilities for the promptreturn and acceptance of juveniles subject to the provisions of this Compact.The provisions of this Compact shall be reasonably and liberally construed toaccomplish the purposes and policies of the Compact.
Article II.
Definitions.
As used in this Compact,unless the context clearly requires a different construction:
(1) "Bylaws"means those bylaws established by the Interstate Commission for its governanceor for directing or controlling its actions or conduct.
(2) "CompactAdministrator" means the individual in each compacting state appointedpursuant to the terms of this Compact responsible for the administration andmanagement of the state's supervision and transfer of juveniles subject to theterms of this Compact, the rules adopted by the Interstate Commission, andpolicies adopted by the State Council under this Compact.
(3) "CompactingState" means any state which has enacted the enabling legislation for thisCompact.
(4) "Commissioner"means the voting representative of each compacting state appointed pursuant toArticle III of this Compact.
(5) "Court"means any court having jurisdiction over delinquent, neglected, or dependentchildren.
(6) "Deputy CompactAdministrator" means the individual, if any, in each compacting stateappointed to act on behalf of a Compact Administrator pursuant to the terms ofthis Compact responsible for the administration and management of the state'ssupervision and transfer of juveniles subject to the terms of this compact, therules adopted by the Interstate Commission, and policies adopted by the StateCouncil under this Compact.
(7) "InterstateCommission" means the Interstate Commission for Juveniles created byArticle III of this Compact.
(8) "Juvenile"means any person defined as a juvenile in any member state or by the rules ofthe Interstate Commission, including:
a. Accused Delinquent. A person charged with an offense that, if committed by an adult, would be acriminal offense;
b. AdjudicatedDelinquent. A person found to have committed an offense that, if committed byan adult, would be a criminal offense;
c. Accused StatusOffender. A person charged with an offense that would not be a criminaloffense if committed by an adult;
d. Adjudicated StatusOffender. A person found to have committed an offense that would not be acriminal offense if committed by an adult; and
e. Nonoffender. Aperson in need of supervision who has not been accused or adjudicated a statusoffender or delinquent.
(9) "NoncompactingState" means any state which has not enacted the enabling legislation forthis Compact.
(10) "Probation"or "Parole" means any kind of supervision or conditional release ofjuveniles authorized under the laws of the compacting states.
(11) "Rule"means a written statement by the Interstate Commission promulgated pursuant toArticle 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 andeffect of statutory law in a compacting state, and includes the amendment,repeal, or suspension of an existing rule.
(12) "State"means a state of the United States, the District of Columbia or its designee,the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa,and the Northern Marianas Islands.
Article III.
Interstate Commission for Juveniles.
(a) The compactingstates hereby create the "Interstate Commission for Juveniles." TheCommission shall be a body corporate and joint agency of the compacting states.The Commission shall have all the responsibilities, powers, and duties setforth herein, and such additional powers as may be conferred upon it bysubsequent action of the respective legislatures of the compacting states inaccordance with the terms of this Compact.
(b) The InterstateCommission shall consist of commissioners appointed by the appropriateappointing authority in each state pursuant to the rules and requirements ofeach compacting state and in consultation with the State Council for InterstateJuvenile Supervision created hereunder. The Commissioner shall be the compactadministrator, deputy compact administrator, or designee from that state whoshall serve on the Interstate Commission in such capacity under or pursuant tothe applicable law of the compacting state.
(c) In addition to thecommissioners who are the voting representatives of each state, the InterstateCommission shall include individuals who are not commissioners, but who aremembers of interested organizations. Such noncommissioner members must includea member of the national organizations of governors, legislators, state chiefjustices, attorneys general, Interstate Compact for Adult Offender Supervision,Interstate Compact for the Placement of Children, juvenile justice and juvenilecorrections officials, 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, including members of other national organizations, in such numbers asshall be determined by the Commission.
(d) Each compactingstate represented at any meeting of the Commission is entitled to one vote. Amajority of the compacting states shall constitute a quorum for the transactionof business, unless a larger quorum is required by the bylaws of the InterstateCommission.
(e) The Commission shallmeet at least once each calendar year. The chairperson may call additionalmeetings 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 InterstateCommission shall establish an executive committee, which shall includecommission officers, members, and others as determined by the bylaws. Theexecutive committee shall have the power to act on behalf of the InterstateCommission during periods when the Interstate Commission is not in session,with the exception of rule making and/or amendment to the Compact. Theexecutive committee shall oversee the day‑to‑day activities of theadministration of the Compact managed by an executive director and InterstateCommission staff, administer enforcement and compliance with the provisions ofthe Compact, its bylaws and rules, and perform other duties as directed by theInterstate Commission or set forth in the bylaws.
(g) Each member of theInterstate Commission shall have the right and power to cast a vote to whichthat compacting state is entitled and to participate in the business andaffairs of the Interstate Commission. A member shall vote in person and shallnot delegate a vote to another compacting state. However, a commissioner, inconsultation with the state council, shall appoint another authorizedrepresentative, in the absence of the commissioner from that state, to cast avote on behalf of the compacting state at a specified meeting. The bylaws mayprovide for members' participation in meetings by telephone or other means oftelecommunication or electronic communication.
(h) The InterstateCommission's bylaws shall establish conditions and procedures under which the InterstateCommission shall make its information and official records available to thepublic for inspection or copying. The Interstate Commission may exempt fromdisclosure any information or official records to the extent they wouldadversely affect personal privacy rights or proprietary interests.
(i) Public noticeshall 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. TheInterstate Commission and any of its committees may close a meeting to thepublic where it determines by two‑thirds vote that an open meeting wouldbe likely to:
(1) Relate solely to theInterstate Commission's internal personnel practices and procedures;
(2) Disclose mattersspecifically exempted from disclosure by statute;
(3) Disclose tradesecrets or commercial or financial information which is privileged orconfidential;
(4) Involve accusing anyperson of a crime or formally censuring any person;
(5) Disclose informationof a personal nature where disclosure would constitute a clearly unwarrantedinvasion of personal privacy;
(6) Discloseinvestigative records compiled for law enforcement purposes;
(7) Disclose informationcontained in or related to examination, operating, or condition reportsprepared by, or on behalf of or for the use of, the Interstate Commission withrespect to a regulated person or entity for the purpose of regulation orsupervision of such person or entity;
(8) Discloseinformation, the premature disclosure of which would significantly endanger thestability of a regulated person or entity; or
(9) Specifically relateto the Interstate Commission's issuance of a subpoena or its participation in acivil action or other legal proceeding.
(j) For every meetingclosed pursuant to this provision, the Interstate Commission's legal counselshall publicly certify that, in the legal counsel's opinion, the meeting may beclosed to the public and shall reference each relevant exemptive provision. TheInterstate Commission shall keep minutes which shall fully and clearly describeall matters discussed in any meeting and shall provide a full and accuratesummary of any actions taken, and the reasons therefor, including a descriptionof 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 documentsconsidered in connection with any action shall be identified in the minutes.
(k) The InterstateCommission shall collect standardized data concerning the interstate movementof juveniles as directed through its rules which shall specify the data to becollected, the means of collection and data exchange, and reportingrequirements. Such methods of data collection, exchange, and reporting shallinsofar as is reasonably possible conform to up‑to‑date technologyand coordinate its information functions with the appropriate repository ofrecords.
Article IV.
Powers and Duties of the Interstate Commission.
(a) The InterstateCommission shall have the following powers and duties:
(1) To provide fordispute resolution among compacting states.
(2) To promulgate rulesto effect the purposes and obligations as enumerated in this Compact, whichshall have the force and effect of statutory law and shall be binding in the compactingstates to the extent and in the manner provided in this Compact.
(3) To oversee,supervise, and coordinate the interstate movement of juveniles subject to theterms of this Compact and any bylaws adopted and rules promulgated by theInterstate Commission.
(4) To enforcecompliance with the Compact provisions, the rules promulgated by the InterstateCommission, and the bylaws, using all necessary and proper means including, butnot limited to, the use of judicial process.
(5) To establish andmaintain offices which shall be located within one or more of the compactingstates.
(6) To purchase andmaintain insurance and bonds.
(7) To borrow, accept,hire, or contract for services of personnel.
(8) To establish andappoint committees and hire staff which it deems necessary for the carrying outof its functions including, but not limited to, an executive committee asrequired by Article III of this Compact, which shall have the power to act onbehalf of the Interstate Commission in carrying out its powers and dutieshereunder.
(9) To elect or appointsuch officers, attorneys, employees, agents, or consultants, and to fix theircompensation, define their duties, and determine their qualifications; and toestablish the Interstate Commission's personnel policies and programs relatingto, inter alia, conflicts of interest, rates of compensation, andqualifications of personnel.
(10) To accept any and alldonations and grants of money, equipment, supplies, materials, and services,and to receive, utilize, and dispose of them.
(11) To lease, purchase,accept contributions or donations of, or otherwise to own, hold, improve, oruse 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 budgetand make expenditures and levy dues as provided in Article VIII of thisCompact.
(14) To sue and be sued.
(15) To adopt a seal andbylaws governing the management and operation of the Interstate Commission.
(16) To perform suchfunctions as may be necessary or appropriate to achieve the purposes of thisCompact.
(17) To report annually tothe legislatures, governors, judiciary, and state councils of the compactingstates concerning the activities of the Interstate Commission during thepreceding year. Such reports shall also include any recommendations that mayhave been adopted by the Interstate Commission.
(18) To coordinateeducation, training, and public awareness regarding the interstate movement ofjuveniles for officials involved in such activity.
(19) To establish uniformstandards of the reporting, collecting, and exchanging of data.
(b) The InterstateCommission shall maintain its corporate books and records in accordance withthe bylaws.
Article V.
Organization and Operation of the Interstate Commission.
(a) Bylaws. TheInterstate Commission shall, by a majority of the members present and voting,within 12 months after the first Interstate Commission meeting, adopt bylaws togovern its conduct as may be necessary or appropriate to carry out the purposesof the Compact, including, but not limited to:
(1) Establishing thefiscal year of the Interstate Commission;
(2) Establishing anexecutive committee and such other committees as may be necessary;
(3) Providing for theestablishment of committees governing any general or specific delegation of anyauthority or function of the Interstate Commission;
(4) Providing reasonableprocedures for calling and conducting meetings of the Interstate Commission andensuring reasonable notice of each such meeting;
(5) Establishing thetitles and responsibilities of the officers of the Interstate Commission;
(6) Providing amechanism for concluding the operations of the Interstate Commission and thereturn of any surplus funds that may exist upon the termination of the Compactafter the payment and/or reserving of all of its debts and obligations;
(7) Providing"start‑up" rules for initial administration of the Compact; and
(8) Establishingstandards and procedures for compliance and technical assistance in carryingout the Compact.
(b) Officers and Staff. The Interstate Commission shall, by a majority of the members, elect annuallyfrom among its members a chairperson and a vice‑chairperson, each of whomshall have such authority and duties as may be specified in the bylaws. Thechairperson or, in the chairperson's absence or disability, the vice‑chairpersonshall preside at all meetings of the Interstate Commission. The officers soelected shall serve without compensation or remuneration from the InterstateCommission; provided that, subject to the availability of budgeted funds, theofficers shall be reimbursed for any ordinary and necessary costs and expensesincurred by them in the performance of their duties and responsibilities asofficers of the Interstate Commission.
The Interstate Commissionshall, through its executive committee, appoint or retain an executive directorfor such period, upon such terms and conditions and for such compensation as theInterstate Commission may deem appropriate. The executive director shall serveas secretary to the Interstate Commission, but shall not be a member and shallhire and supervise such other staff as may be authorized by the InterstateCommission.
(c) Qualified Immunity,Defense, and Indemnification. The Commission's executive director andemployees shall be immune from suit and liability, either personally or intheir official capacity, for any claim for damage to or loss of property orpersonal injury or other civil liability caused or arising out of or relatingto any actual or alleged act, error, or omission that occurred, or that suchperson had a reasonable basis for believing occurred within the scope ofCommission employment, duties, or responsibilities; provided, that any suchperson shall not be protected from suit or liability for any damage, loss,injury, or liability caused by the intentional or willful and wanton misconductof any such person.
The liability of anycommissioner, or the employee or agent of a commissioner, acting within thescope of such person's employment or duties for acts, errors, or omissionsoccurring within such person's state may not exceed the limits of liability setforth under the Constitution and laws of that state for state officials,employees, and agents. Nothing in this subsection shall be construed to protectany such person from suit or liability for any damage, loss, injury, orliability caused by the intentional or willful and wanton misconduct of anysuch person.
The Interstate Commissionshall defend the executive director or the employees or representatives of theInterstate Commission and, subject to the approval of the Attorney General ofthe state represented by any commissioner of a compacting state, shall defendsuch commissioner or the commissioner's representatives or employees in anycivil action seeking to impose liability arising out of any actual or allegedact, error, or omission that occurred within the scope of Interstate Commissionemployment, duties, or responsibilities, or that the defendant had a reasonablebasis for believing occurred within the scope of Interstate Commissionemployment, duties, or responsibilities, provided that the actual or allegedact, error, or omission did not result from intentional or willful and wantonmisconduct on the part of such person.
The Interstate Commissionshall indemnify and hold the commissioner of a compacting state, or thecommissioner's representatives or employees, or the Interstate Commission'srepresentatives or employees, harmless in the amount of any settlement orjudgment obtained against such persons arising out of any actual or allegedact, error, or omission that occurred within the scope of Interstate Commissionemployment, duties, or responsibilities, or that such persons had a reasonablebasis for believing occurred within the scope of Interstate Commissionemployment, duties, or responsibilities, provided that the actual or allegedact, error, or omission did not result from intentional or willful and wantonmisconduct on the part of such persons.
Article VI.
Rule‑Making Functions of the Interstate Commission.
(a) The InterstateCommission shall promulgate and publish rules in order to effectively andefficiently achieve the purposes of the Compact.
(b) Rule making shalloccur pursuant to the criteria set forth in this Article and the bylaws andrules adopted pursuant thereto. Such rule making shall substantially conform tothe principles of the "Model State Administrative Procedures Act," 1981Act, Uniform Laws Annotated, Vol. 16, p. 1 (2000), or such other administrativeprocedures acts, as the Interstate Commission deems appropriate consistent withdue process requirements under the United States Constitution as now orhereafter interpreted by the United States Supreme Court. All rules andamendments shall become binding as of the date specified, as published with thefinal version of the rule as approved by the Commission.
(c) When promulgating arule, the Interstate Commission shall, at a minimum:
(1) Publish the proposedrule's entire text stating the reason for that proposed rule;
(2) Allow and invite anyand all persons to submit written data, facts, opinions, and arguments, whichinformation shall be added to the record and be made publicly available;
(3) Provide anopportunity for an informal hearing if petitioned by 10 or more persons;
(4) Promulgate a finalrule and its effective date, if appropriate, based on input from state or localofficials, or interested parties; and
(5) Allow, not laterthan 60 days after a rule is promulgated, any interested person to file apetition in the United States District Court for the District of Columbia or inthe Federal District Court where the Interstate Commission's principal officeis located for judicial review of such rule.
(d) If the court findsthat the Interstate Commission's action is not supported by substantialevidence in the rule‑making record, the court shall hold the ruleunlawful and set it aside. For purposes of this subsection, evidence issubstantial if it would be considered substantial evidence under the ModelState Administrative Procedures Act.
(e) If a majority ofthe legislatures of the compacting states rejects a rule, those states may, byenactment of a statute or resolution in the same manner used to adopt theCompact, cause that rule to have no further force and effect in any compactingstate.
(f) The existing rulesgoverning the operation of the Interstate Compact on Juveniles superseded bythis act shall be null and void when all states, as defined in the Compact,have adopted The Interstate Compact for Juveniles.
(g) Upon determinationby the Interstate Commission that a state of emergency exists, it maypromulgate an emergency rule which shall become effective immediately uponadoption, provided that the usual rule‑making procedures providedhereunder shall be retroactively applied to said rule as soon as reasonablypossible but no later than 90 days after the effective date of the emergencyrule.
Article VII.
Oversight, Enforcement, and Dispute Resolution by the InterstateCommission.
(a) Oversight. TheInterstate Commission shall oversee the administration and operations of theinterstate movement of juveniles subject to this Compact in the compactingstates and shall monitor such activities being administered in noncompactingstates which may significantly affect compacting states.
The courts and executiveagencies in each compacting state shall enforce this Compact and shall take allactions necessary and appropriate to effectuate the Compact's purposes andintent. The provisions of this Compact and the rules promulgated hereundershall be received by all the judges, public officers, commissions, anddepartments of the state government as evidence of the authorized statute andadministrative rules, and all courts shall take judicial notice of the Compactand the rules. In any judicial or administrative proceeding in a compactingstate pertaining to the subject matter of this Compact which may affect thepowers, responsibilities, or actions of the Interstate Commission, it shall beentitled to receive all service of process in any such proceeding and shallhave standing to intervene in the proceeding for all purposes.
(b) Dispute Resolution. The compacting states shall report to the Interstate Commission on all issuesand activities necessary for the administration of the Compact as well asissues and activities pertaining to compliance with the provisions of theCompact and its bylaws and rules.
The Interstate Commissionshall attempt, upon the request of a compacting state, to resolve any disputesor other issues which are subject to the Compact and which may arise amongcompacting states and between compacting and noncompacting states. TheCommission shall promulgate a rule providing for both mediation and bindingdispute resolution for disputes among the compacting states.
The Interstate Commission, inthe reasonable exercise of its discretion, shall enforce the provisions andrules of this Compact using any or all means set forth in Article XI of thisCompact.
Article VIII.
Finance.
(a) The InterstateCommission shall pay or provide for the payment of the reasonable expenses ofits establishment, organization, and ongoing activities.
(b) The InterstateCommission shall levy on and collect an annual assessment from each compactingstate to cover the cost of the internal operations and activities of theInterstate Commission and its staff which must be in a total amount sufficientto cover the Interstate Commission's annual budget as approved each year. Theaggregate annual assessment amount shall be allocated based upon a formula tobe determined by the Interstate Commission, taking into consideration thepopulation of each compacting state and the volume of interstate movement ofjuveniles in each compacting state and shall promulgate a rule binding upon allcompacting states which governs said assessment.
(c) The InterstateCommission shall not incur any obligations of any kind prior to securing thefunds adequate to meet the same; nor shall the Interstate Commission pledge thecredit of any of the compacting states, except by and with the authority of thecompacting state.
(d) The InterstateCommission shall keep accurate accounts of all receipts and disbursements. Thereceipts and disbursements of the Interstate Commission shall be subject to theaudit and accounting procedures established under its bylaws. However, allreceipts and disbursements of funds handled by the Interstate Commission shallbe audited yearly by a certified or licensed public accountant, and the reportof the audit shall be included in and become part of the annual report of theInterstate Commission.
Article IX.
The State Council.
Each member state shall createa State Council for Interstate Juvenile Supervision. While each state maydetermine the membership of its own state council, its membership must includeat least one representative from the legislative, judicial, and executivebranches of government, victims groups, and the compact administrator, deputycompact administrator, or designee. Each compacting state retains the right todetermine the qualifications of the compact administrator or deputy compactadministrator. Each state council will advise and may exercise oversight andadvocacy concerning that state's participation in Interstate Commissionactivities and other duties as may be determined by that state, including, butnot limited to, development of policy concerning operations and procedures ofthe Compact within that state.
Article X.
Compacting States, Effective Date, and Amendment.
(a) Any state, theDistrict of Columbia or its designee, the Commonwealth of Puerto Rico, the U.S.Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands, asdefined in Article II of this Compact, is eligible to become a compactingstate.
(b) The Compact shallbecome effective and binding upon legislative enactment of the Compact into lawby no less than 35 of the states. The initial effective date shall be the laterof July 1, 2004, or upon enactment into law by the 35th 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 ofnonmember states or their designees shall be invited to participate in theactivities of the Interstate Commission on a nonvoting basis prior to adoptionof the Compact by all states and territories of the United States.
(c) The InterstateCommission may propose amendments to the Compact for enactment by thecompacting states. No amendment shall become effective and binding upon theInterstate Commission and the compacting states unless and until it is enactedinto law by unanimous consent of the compacting states.
Article XI.
Withdrawal, Default, Termination, and Judicial Enforcement.
(a) Withdrawal. Onceeffective, the Compact shall continue in force and remain binding upon each andevery compacting state; provided that a compacting state may withdraw from theCompact by specifically repealing the statute which enacted the Compact intolaw.
The effective date ofwithdrawal is the effective date of the repeal.
The withdrawing state shallimmediately notify the chairperson of the Interstate Commission in writing uponthe introduction of legislation repealing this Compact in the withdrawingstate. The Interstate Commission shall notify the other compacting states ofthe withdrawing state's intent to withdraw within 60 days of its receiptthereof.
The withdrawing state isresponsible for all assessments, obligations, and liabilities incurred throughthe effective date of withdrawal, including any obligations, the performance ofwhich extend beyond the effective date of withdrawal.
Reinstatement followingwithdrawal of any compacting state shall occur upon the withdrawing statereenacting the Compact or upon such later date as determined by the InterstateCommission.
(b) TechnicalAssistance, Fines, Suspension, Termination, and Default. If the InterstateCommission determines that any compacting state has at any time defaulted inthe performance of any of its obligations or responsibilities under thisCompact, or the bylaws or duly promulgated rules, the Interstate Commission mayimpose any or all of the following penalties:
(1) Remedial trainingand technical assistance as directed by the Interstate Commission;
(2) Alternative DisputeResolution;
(3) Fines, fees, andcosts in such amounts as are deemed to be reasonable as fixed by the InterstateCommission; and
(4) Suspension ortermination of membership in the Compact, which shall be imposed only after allother reasonable means of securing compliance under the bylaws and rules havebeen exhausted, and the Interstate Commission has therefore determined that theoffending state is in default. Immediate notice of suspension shall be given bythe Interstate Commission to the Governor, the Chief Justice, or the ChiefJudicial Officer of the state, the majority and minority leaders of thedefaulting state's legislature, and the state council.
The grounds for defaultinclude, but are not limited to, failure of a compacting state to perform suchobligations or responsibilities imposed upon it by this Compact, the bylaws, orduly promulgated rules, and any other grounds designated in Commission bylawsand rules. The Interstate Commission shall immediately notify the defaultingstate in writing of the penalty imposed by the Interstate Commission and of thedefault pending a cure of the default. The Commission shall stipulate theconditions and the time period within which the defaulting state must cure itsdefault. If the defaulting state fails to cure the default within the timeperiod specified by the Commission, the defaulting state shall be terminatedfrom the Compact upon an affirmative vote of a majority of the compactingstates, and all rights, privileges, and benefits conferred by this Compactshall be terminated from the effective date of termination.
Within 60 days of theeffective date of termination of a defaulting state, the Commission shallnotify the Governor, the Chief Justice or Chief Judicial Officer, the majorityand minority leaders of the defaulting state's legislature, and the statecouncil of the termination.
The defaulting state isresponsible for all assessments, obligations, and liabilities incurred throughthe effective date of termination, including any obligations, the performanceof which extends beyond the effective date of termination.
The Interstate Commissionshall not bear any costs relating to the defaulting state unless otherwise mutuallyagreed upon in writing between the Interstate Commission and the defaultingstate.
Reinstatement followingtermination of any compacting state requires both a reenactment of the Compactby the defaulting state and the approval of the Interstate Commission pursuantto the rules.
(c) JudicialEnforcement. The Interstate Commission may, by majority vote of the members,initiate legal action in the United States District Court for the District ofColumbia or, at the discretion of the Interstate Commission, in the federaldistrict where the Interstate Commission has its offices to enforce compliancewith the provisions of the Compact and its duly promulgated rules and bylaws,against any compacting state in default. In the event judicial enforcement is necessary,the prevailing party shall be awarded all costs of such litigation, includingreasonable attorneys' fees.
(d) Dissolution ofCompact. The Compact dissolves effective upon the date of the withdrawal ordefault of the compacting state, which reduces membership in the Compact to onecompacting state.
Upon the dissolution of thisCompact, the Compact becomes null and void and shall be of no further force oreffect, and the business and affairs of the Interstate Commission shall beconcluded, and any surplus funds shall be distributed in accordance with thebylaws.
Article XII.
Severability and Construction.
(a) The provisions ofthis Compact shall be severable, and if any phrase, clause, sentence, orprovision is deemed unenforceable, the remaining provisions of the Compactshall be enforceable.
(b) The provisions ofthis Compact shall be liberally construed to effectuate its purposes.
Article XIII.
Binding Effect of Compact and Other Laws.
(a) Other Laws. Nothing herein prevents the enforcement of any other law of a compacting statethat is not inconsistent with this Compact.
All compacting states' laws,other than state Constitutions and other interstate compacts, conflicting withthis Compact are superseded to the extent of the conflict.
(b) Binding Effect ofthe Compact. All lawful actions of the Interstate Commission, including allrules and bylaws promulgated by the Interstate Commission, are binding upon thecompacting states.
All agreements between theInterstate Commission and the compacting states are binding in accordance withtheir terms.
Upon the request of a party toa conflict over meaning or interpretation of Interstate Commission actions, andupon a majority vote of the compacting states, the Interstate Commission mayissue advisory opinions regarding such meaning or interpretation.
In the event any provision ofthis Compact exceeds the constitutional limits imposed on the legislature ofany compacting state, the obligations, duties, powers, or jurisdiction soughtto be conferred by such provision upon the Interstate Commission shall beineffective, and such obligations, duties, powers, or jurisdiction shall remainin the compacting state and shall be exercised by the agency thereof to whichsuch obligations, duties, powers, or jurisdiction are delegated by law ineffect at the time this Compact becomes effective." (2005‑194, s. 1.)