§ 13-9.1-1.3 - The interstate compact for adult offender supervision.
SECTION 13-9.1-1.3
§ 13-9.1-1.3 The interstate compact foradult offender supervision. – The interstate compact for adult offender supervision is hereby enacted intolaw and entered into by this state on its behalf with all jurisdictions legallyjoining in substantially the following form:
ARTICLE 1
PURPOSE
The compacting states to this interstate compact recognizethe each state is responsible for the supervision of adult offenders in thecommunity who are authorized pursuant to the bylaws and rules of this compactto travel across state lines both to and from each compacting state in such amanner as to track the location of offenders, transfer supervision authority inan orderly and efficient manner, and when necessary return offenders to theoriginating jurisdictions. The compacting states also recognize that congress,by enacting the crime control act, 4 U.S.C. section 112 (1965), has authorizedand encouraged compacts for cooperative efforts and mutual assistance in theprevention of crime. It is the purpose of this compact and the interstatecommission created hereunder, through means of joint and cooperative actionamong the compacting states: to provide the framework for the promotion ofpublic safety and protect the rights of victims through the control andregulation of the interstate movement of offenders in the community; to providefor the effective tracking, supervision, and rehabilitation of these offendersby the sending and receiving states; and to equitably distribute the costs,benefits and obligations of the compact among the compacting states. Inaddition, this compact will: create a interstate commission which willestablish uniform procedures to manage the movement between states of adultsplaced under community supervision and released to the community under thejurisdiction of courts, paroling authorities, corrections or other criminaljustice agencies which will promulgate rules to achieve the purpose of thiscompact; ensure an opportunity for input and timely notice to victims and tojurisdictions where defined offenders are authorized to travel or to relocateacross state lines; establish a system of uniform data collection, access toinformation on active cases by authorized criminal justice officials, andregular reporting of compact activities to heads of state councils, stateexecutive, judicial, and legislative branches and criminal justiceadministrators; monitor compliance with rules governing interstate movement ofoffenders and initiate interventions to address and correct non-compliance; andcoordinate training and education regarding regulations of interstate movementof offenders for officials involved in such activity. The compacting statesrecognize that there is no "right" of any offender to live in another state andthat duly accredited officers of a sending state may at all times enter areceiving state and there apprehend and retake any offender under supervisionsubject to the provisions of this compact and bylaws and rules promulgatedhereunder. It is the policy of the compacting states that the activitiesconducted by the interstate commission created herein are the formation ofpublic policies and are therefore public business.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context clearly requiresa different construction:
"Adult" means both individuals legally classified as adultsand juveniles treated as adults by court order, statute, or operation of law.
"Bylaws" mean those bylaws established by the interstatecommission for its governess, or for directing or controlling the interstatecommission's actions or conduct.
"Compact Administrator" means the individual in eachcompacting state appointed pursuant to the terms of this compact responsiblefor the administration and management of the state's supervision and transferof offenders subject to the terms of this compact, the rules adopted by theinterstate commission and policies adopted by the state council under thiscompact.
"Compacting state" means any state which has enacted theenabling legislation for this compact.
"Commissioner" means the voting representative of eachcompacting state appointed pursuant to Article III of this compact.
"Interstate Commission" means the interstate commission foradult offender supervision established by this compact.
"Member" means the commissioner of a compacting state ordesignee; who shall be a person officially connected with the commissioner.
"Non-compacting state" means any state which has not enactedthe enabling legislation for this compact.
"Offender" means an adult placed under, or subject, tosupervision as the result of the commission of a criminal offense and releasedto the community under the jurisdiction of courts, paroling authorities,corrections, or other criminal justice agencies.
"Person" means any individual, corporation, businessenterprise, or other legal entity, either public or private.
"Rules" means acts of the interstate commission, dulypromulgated pursuant to Article VIII of this compact, substantially affectinginterested parties in addition to the interstate commission, which shall havethe force and effect of law in the compacting states.
"State" means a state of the United States, the District ofColumbia and any other territorial possessions of the United States.
"State Council" means the resident members of the statecouncil for interstate adult offender supervision created by each state underArticle III of this compact.
ARTICLE III
THE COMPACT COMMISSION
The compacting states hereby create the "InterstateCommission for Adult Offender Supervisions." The interstate commission shall bea body corporate and joint agency of the compacting states. The interstatecommission shall have all the responsibilities, powers and duties set forthherein, including the power to sue and be sued, and such additional powers asmay be conferred upon it by subsequent action of the respective legislatures ofthe compacting states in accordance with the terms of this compact.
The interstate commission shall consist of commissionersselected and appointed by resident members of a state council for interstateadult offender supervision for each state.
In addition to the commissioners who are the votingrepresentatives of each state, the interstate commission shall includeindividuals who are not commissioners but who are members of interestedorganizations; such non-commissioner members must include a member of thenational organizations of governors, legislators, state chief justices,attorney general and crime victims. All non-commissioner members of theinterstate commission shall be ex-officio (nonvoting) members. The interstatecommission may provide in its bylaws for such additional, ex-officio,non-voting members as it deems necessary.
Each compacting state represented at any meeting of theinterstate commission is entitled to one vote. A majority of the compactingstates shall constitute a quorum for the transaction business, unless a largerquorum is required by the bylaws of the interstate commission. The interstatecommission shall meet at least once each calendar year. The chairperson maycall additional meetings and, upon the request of twenty-seven (27) or morecompacting states, shall call additional meetings. Public notice shall be givenof all meetings and meetings shall be open to the public. The interstatecommission shall establish and executive committee which shall includecommission officers, members and others as shall be determined by the bylaws.The executive 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 rulemaking and/or amendment to the compact. The executivecommittee oversees the day-to-day activities managed by the executive directorand interstate commission staff, administers enforcement and compliance withthe provisions of the compact, its bylaws and as directed by the interstatecommission and performs other duties as directed by commission or set forth inthe bylaws.
ARTICLE IV
THE STATE COUNCIL
Each member state shall create a state council for interstateadult offender supervision which shall be responsible for the appointment ofthe commissioner who shall serve on the interstate commission from that state.Each state council shall appoint as its commissioner the compact administratorfrom that state to serve on the interstate commission in such capacity under orpursuant to applicable law of the member state. While each member 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 Rhode Island compactadministrator. Each compacting state retains the right to determine thequalifications of the compact administrator who shall be appointed by thegovernor in consultation with the legislature and the judiciary. In addition toappointment of its commissioner to the national interstate commission, eachstate council shall exercise oversight and advocacy concerning itsparticipation in interstate commission activities and other duties as may bedetermined by each member state including, but not limited to, development ofpolicy concerning operations and procedures of the compact within that state.
ARTICLE V
POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The interstate commission shall have the following powers:
(1) To adopt a seal and suitable bylaws governing themanagement and operation of the interstate commission;
(2) To promulgate rules which shall have the force and effectof statutory law and shall be binding in the compacting states to the extentand in the manner provided in this compact;
(3) To oversee, supervise and coordinate the interstatemovement of offenders subject to the terms of this compact and any bylawsadopted and rules promulgated by the compact commission.
(4) To enforce compliance with compact provisions, interstatecommission 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 of personnel,including, but not limited to, members and their staffs;
(8) To establish and appoint committees and hire staff whichit deems necessary for the carrying out of its functions including, but notlimited to, an executive committee as required by Article III which shall havethe power to act on behalf of the interstate commission in carrying out itspowers and duties hereunder;
(9) To elect or appoint such officers, attorneys, employees,agents, or consultants, and to fix their compensation, define their duties anddetermine their qualifications; and to establish the interstate commission'spersonnel policies and programs relating to, among other things, conflicts ofinterest, rates of compensation, and qualifications of personnel;
(10) To accept any and all donations and grants of money,equipment, supplies, materials, and services, and to receive, utilize, anddispose of same;
(11) To lease, purchase accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal, ormixed;
(12) To sell, convey, mortgage, pledge, lease, exchange,abandon, or otherwise dispose of any property, real, personal or mixed;
(13) To establish a budget and make expenditures and levydues as provided in Article X of this compact;
(14) To sue and be sued;
(15) To provide for dispute resolution among compactingstates;
(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 concerning theactivities of the interstate commission during the preceding year. Such reportsshall also include any recommendations that may have been adopted by theinterstate commission;
(18) To coordinate education, training and public awarenessregarding the interstate movement of offenders for officials involved in suchactivity;
(19) To establish uniform standards for the reporting,collecting, and exchanging of data.
ARTICLE VI
ORGANIZATION AND OPERATION OF THE INTERSTATECOMMISSION
Section A. Bylaws
The interstate commission shall, by a majority of themembers, within twelve (12) months of the first interstate commission meeting,adopt bylaws to govern its conduct as may be necessary or appropriate to carryout the purposes of the compact, including, but not limited to: establishingthe fiscal year of the interstate commission; establishing and executivecommittee and such other committees as may be necessary. Providing reasonablestandards and procedures: (i) for the establishment of committees; and (ii)governing any general or specific delegation of any authority or function ofthe interstate commission; providing reasonable procedures for calling andconducting meetings of the interstate commission, and ensuring reasonablenotice of each such meeting; establishing the titles and responsibilities ofthe officers of the interstate commission; providing reasonable standards andprocedures for the establishment of the personnel policies and programs of theinterstate commission. Notwithstanding any civil service or other similar lawsof any compacting state, the bylaws shall exclusively govern the personnelpolicies and programs of the interstate commission; and providing a mechanismfor winding up the operations of the interstate commission and the equitablereturn 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;providing transition rules for "start up" administration of the compact;establishing standards and procedures for compliance and technical assistancein carrying out the compact.
Section B. Officers and staff
The interstate commission shall, by a majority of themembers, elect from among its members a chairperson and a vice chairperson,each of whom shall have such authorities and duties as may be specified in thebylaws. The chairperson or, in his or her absence or disability, the vicechairperson, shall preside at all meetings of the interstate commission. Theofficers so elected shall serve without compensation or remuneration from theinterstate commission; provided, that subject to the availability of budgetedfunds, the officers shall be reimbursed for any actual and necessary costs andexpenses incurred by them in the performance of their duties andresponsibilities as officers of the interstate commission. The interstatecommission shall, through its executive committee, appoint or retain anexecutive director for such period, upon such terms and conditions and for suchcompensation as the interstate commission may deem appropriate. The executivedirector shall serve as secretary to the interstate commission, and hire andsupervise such other staff as may be authorized by the interstate commission,but shall not be a member.
Section C. Corporate records of the interstate commission
The interstate commission shall maintain its corporate booksand records in accordance with the bylaws.
Section D. Qualified immunity, defense and indemnification
The members, officers, executive director and employees ofthe interstate commission shall be immune from suit and liability, eitherpersonally or in their official capacity, for any claim for damage to or lossof property or personal injury or other civil liability caused or arising outof any actual or alleged act, error or omission that occurred within the scopeof interstate commission employment, duties or responsibilities; provided, thatnothing in this paragraph shall be construed to protect any such person fromsuit and/or liability for any damage, loss, injury or liability caused by theintentional or willful and wanton misconduct of any such person. The interstatecommission shall defend the commissioner of a compacting state, or his or herrepresentatives or employees, or the interstate commission's representatives oremployees, in any civil action seeking to impose liability, arising out of anyactual or alleged act, error or omission that occurred with the scope ofinterstate commission employment, duties or responsibilities, or that thedefendant had a reasonable basis for believing occurred within the scope ofinterstate commission employment, duties or responsibilities; provided, thatthe actual or alleged act, error or omission did not result from intentionalwrongdoing on the part of such person.
The interstate commission shall indemnify and hold thecommissioner of a compacting state, the appointed designee or employees, or theinterstate commission's representatives or employees, harmless in the amount ofany settlement or judgment obtained against such persons arising out of anyactual or alleged act, error or omission that occurred within the scope ofinterstate commission employment, duties or responsibilities, or that suchpersons had a reasonable basis for believing occurred within the scope ofinterstate commission employment, duties or responsibilities; provided, thatthe actual or alleged act, error or omission did not result from grossnegligence or intentional wrongdoing on the part of such person.
ARTICLE VII
ACTIVITIES OF THE INTERSTATE COMMISSION
The interstate commission shall meet and take such actions asare consistent with the provisions of this compact. Except as otherwiseprovided in this compact and unless a greater percentage is required by thebylaws, in order to constitute an act of the interstate commission, such actshall have been taken at a meeting of the interstate commission and shall havereceived an affirmative vote of a majority of the members present. Each memberof the interstate commission shall have the right and power to cast a vote towhich that compacting state is entitled and to participate in the business andaffairs of the interstate commission. A member shall vote in person on behalfof the state and shall not delegate a vote to another member state. However, astate council shall appoint another authorized representative, in the absenceof the commissioner from that state, to cast a vote on behalf of the memberstate at a specified meeting. The bylaws may provide for members participationin meetings by telephone or other means of telecommunication or electroniccommunication. Any voting conducted by telephone, or other means oftelecommunication or electronic communication shall be subject to the samequorum requirements of meetings where members are present in person. Theinterstate commission shall meet at least once during each calendar year. Thechairperson of the interstate commission may call additional meetings at anytime and, upon the request of a majority of the members, shall call additionalmeetings.
The interstate commission's bylaws shall establish conditionsand procedures 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.
Public notice shall be given of all meetings and all meetingsshall be 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," 5U.S.C. section 552(b), as may be amended. The interstate commission and any ofits committees may close a meeting to the public where it determines bytwo-thirds (2/3) vote that an open meeting would be likely to:
(1) Relate solely to the interstate commission's internalpersonnel practices and procedures;
(2) Disclose matters specifically exempted from disclosure bystatute;
(3) Disclosure trade secrets or commercial or financialinformation which is privileged or confidential;
(4) Involve accusing any person of a crime, or formallycensuring 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 of whichwould significantly endanger the life of a person or the stability of aregulated entity;
(9) Specifically relate to the interstate commission'sissuance of a subpoena, or its participation in a civil action or proceeding.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 meeting andshall provide a full and accurate summary of any actions taken, and the reasonstherefor, including a description of each of the views expressed on any itemand the record of any rollcall vote (reflected in the vote of each member onthe question). All documents considered in connection with any action shall beidentified in such minutes.
The interstate commission shall collect standardized dataconcerning the interstate movement of offenders as directed through its bylawsand rules which specify the data to be collected, the means of collection anddata exchange and reporting requirements.
ARTICLE VIII
RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
The interstate commission shall promulgate rules in order toeffectively and efficiently achieve the purposes of the compact includingtransition rules governing administration of the compact during the period inwhich it is being considered and enacted by the states.
Rulemaking shall occur pursuant to the criteria set forth inthis article and the bylaws and rules adopted pursuant thereto. Such rulemakingshall substantially conform to the principles of the federal administrativeprocedure act, 5 U.S.C.S. section 551 et seq., and the federal advisorycommittee act, 5 U.S.C.S. app. 2, section 1 et seq., as may be amended(hereinafter "APA").
All rules and amendments shall become binding as of the datespecified in each rule or amendment.
If a majority of the legislatures of the compacting statesrejects a rule, by enactment of a statute or resolution in the same manner usedto adopt the compact, then such rule shall have no further force and effect inany compacting state.
When promulgating a rule, the interstate commission shall:
(1) publish the proposed rule stating with particularity thetext of the rule which is proposed and the reason for the proposed rule;
(2) allow persons to submit written data, facts, opinions andarguments, which information shall be publicly available;
(3) provide an opportunity for an informal hearing; and
(4) promulgate a final rule and its effective date, ifappropriate, based on the rulemaking record.
Not later than sixty (60) days after a rule is promulgated,any interested person may file a petition in the United States district courtfor the District of Columbia or in the federal district court where theinterstate commission's principal office is located for judicial review of suchrule. If the court finds that the interstate commission's action is notsupported by substantial evidence, (as defined in the APA), in the rulemakingrecord, the court shall hold the rule unlawful and set it aside.
Subjects to be addressed within twelve (12) months after thefirst meeting must at a 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 from offenders;
(7) Data collection and reporting;
(8) The level of supervision to be provided by the receivingstate;
(9) Transition rules governing the operation of the compactand the interstate commission during all or part of the period between theeffective date of the compact and the date on which the last eligible stateadopts the compact;
(10) Mediation, arbitration and dispute resolution.
The existing rules governing the operation of the previouscompact superceded by this act shall be null and void twelve (12) months afterthe first meeting of the interstate commission created hereunder.
Upon determination by the interstate commission that anemergency exists, it may promulgate an emergency rule which shall becomeeffective immediately upon adoption, provided that the usual rulemakingprocedures provided hereunder shall be retroactively applied to said rule assoon as reasonably possible, in no event later than ninety (90) days after theeffective date of the rule.
ARTICLE IX
OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY THEINTERSTATE COMMISSION
Section A. Oversight. The interstate commission shalloversee the interstate movement of adult offenders in the compacting states andshall monitor such activities being administered in noncompacting states whichmay significantly affect compacting states.
The courts and executive agencies in each compacting stateshall enforce this compact and shall take all actions necessary and appropriateto effectuate the compact's purposes and intent. In any judicial oradministrative proceeding in a compacting state pertaining to the subjectmatter of this compact which may affect the powers, responsibilities or actionsof the interstate commission, the interstate commission shall be entitled toreceive all service of process in any such proceeding, and shall have standingto intervene in the proceeding for all purposes.
Section B. Dispute resolution. The compacting statesshall report to the interstate commission on issues or activities of concern tothem, and cooperate with and support the interstate commission in the dischargeof its duties and responsibilities.
The interstate commission shall attempt to resolve anydisputes or other issues which are subject to the compact and which may ariseamong compacting states or noncompacting states.
The interstate commission shall enact a bylaw or promulgate arule providing for both mediation and binding dispute resolution for disputesamong the compacting states.
Section C. Enforcement. The interstate commission, inthe reasonable exercise of its discretion, shall enforce the provisions of thiscompact using any or all means set forth in Article XII, Section B of thiscompact.
ARTICLE X
FINANCE
The interstate commission shall pay or provide for thepayment of the reasonable expenses of its establishment, organization andongoing activities.
The interstate commission shall levy on and collect an annualassessment from each compacting state to cover the cost of the internaloperations and activities of the interstate commission and its staff which mustbe in a total amount sufficient to cover the interstate commission's annualbudget as approved each year. The aggregate annual assessment amount shall beallocated based upon a formula to be determined by the interstate commission,taking into consideration the population of the state and the volume ofinterstate movement of offenders in each compacting states and shall promulgatea rule binding upon all compacting states which governs said assessment.
The interstate commission shall not incur any obligations ofany kind prior to securing the funds adequate to meet the same; nor shall theinterstate commission pledge the credit of any of the compacting state, exceptby and with the authority of the compacting state.
The interstate commission shall keep accurate accounts of allreceipts and disbursements. The receipts and disbursements of the interstatecommission shall be subject to the audit and accounting procedures establishedunder its bylaws. However, all receipts and disbursements of funds handled bythe interstate commission shall be audited yearly by a certified or licensedpublic accountant and the report of the audit shall be included in and becomepart of the annual report of the interstate commission.
ARTICLE XI
COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT
Any state, as defined in Article II of this compact, iseligible to become a compacting state.
The compact shall become effective and binding uponlegislative enactment of the compact into law by no less than thirty-five (35)of the states. The initial effective date shall be the latter of July 1, 2001,or upon enactment into law by the 35 =ss th =ks jurisdiction. Thereafter itshall become effective and binding, as to any other compacting state, uponenactment of the compact into law by that state. The governors of nonmemberstates or their designees will be invited to participate in interstatecommission activities on a nonvoting basis prior to adoption of the compact byall states and territories of the United States.
Amendments to the compact may be proposed by the interstatecommission for enactment by the compacting states. No amendment shall becomeeffective and binding upon the interstate commission and the compacting statesunless and until it is enacted into law by unanimous consent of the compactingstates.
ARTICLE XII
WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIALENFORCEMENT
Section A. Withdrawal
Once effective, the compact shall continue in force andremain binding upon each and every compacting state; provided, that acompacting state may withdraw from the compact ("withdrawing state") byenacting a statute specifically repealing the statute which enacted the compactinto law.
The effective date of withdrawal is the effective date of therepeal.
The withdrawing state shall immediately notify thechairperson of the interstate commission in writing upon the introduction oflegislation repealing this compact in the withdrawing state.
The interstate commission shall notify the other compactingstates of the withdrawing state's intent to withdraw within sixty (60) days ofits receipt thereof.
The withdrawing state is responsible for all assessments,obligations and liabilities incurred through the effective date of withdrawal,including any obligations, the performance of which extend beyond the effectivedate of withdrawal.
Reinstatement following withdrawal of any compacting stateshall occur upon the withdrawing state reenacting the compact or upon suchlater date as determined by the interstate commission.
Section B. Default
If the interstate commission determines that any compactingstate has at any time defaulted ("defaulting state") in the performance of anyof its obligations or responsibilities under this compact, the bylaws or anyduly promulgated rules the interstate commission may impose any or all of thefollowing penalties:
Fines, fees and costs in such amounts as are deemed to bereasonable as fixed by the interstate commission;
Remedial training and technical assistance as directed by theinterstate commission;
Suspension and termination of membership in the compact.Suspension shall be imposed only after all other reasonable means of securingcompliance under the bylaws and rules have been exhausted. Immediate notice ofsuspension shall be given by the interstate commission to the governor, chiefjustice or chief judicial officer of the state; the majority and minorityleaders of the defaulting state's legislature, and the state council. Thegrounds for default include, but are not limited to, failure of a compactingstate to perform such obligations or responsibilities imposed upon it by thiscompact, interstate commission bylaws, or duly promulgated rules. Theinterstate commission shall immediately notify the defaulting state in writingof the penalty imposed by the interstate commission on the defaulting statepending a cure of the default. The interstate 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 interstate commission, in addition to any otherpenalties imposed herein, the defaulting state may be terminated from thecompact upon an affirmative vote of a majority of the compacting states and allrights, privileges and benefits conferred by this compact shall be terminatedfrom the effective date of suspension.
Within sixty (60) days of the effective date of terminationof a defaulting state, the interstate commission shall notify the governor, thechief justice or chief judicial officer and the majority and minority leadersof the defaulting state's legislature and the state council of such termination.
The defaulting state is responsible for all assessments,obligations and liabilities incurred through the effective date of terminationincluding any obligations, the performance of which extends beyond theeffective date of termination.
The interstate commission shall not bear any costs relatingto the defaulting state unless otherwise mutually agreed upon between theinterstate commission and the defaulting state.
Reinstatement following termination of any compacting staterequires both a reenactment of the compact by the defaulting state and theapproval of the interstate commission pursuant to the rules.
Section C. Judicial enforcement
The interstate commission may, by majority vote of themembers, initiate legal action in the United States district court for theDistrict of Columbia or, at the discretion of the interstate commission, in theFederal district where the interstate commission has its offices to enforcecompliance with the provisions of the compact, its duly promulgated rules andbylaws, against any compacting state in default. In the event judicialenforcement is necessary the prevailing party shall be awarded all costs ofsuch litigation including reasonable attorneys' fees.
Section D. Dissolution of compact
The compact dissolves effective upon the date of thewithdrawal or default of the compacting state which reduces membership in thecompact to one (1) compacting state.
Upon the dissolution of this compact, the compact becomesnull and void and shall be of no further force or effect, and the business andaffairs of the interstate commission shall be wound up and any surplus fundsshall be distributed in accordance with the bylaws.
ARTICLE XIII
SEVERABILITY AND CONSTRUCTION
The provisions of this compact shall be severable, and if anyphrase, clause, sentence or provision is deemed unenforceable, the remainingprovisions of the compact shall be enforceable.
The provisions of this compact shall be liberally constructedto effectuate its purposes.
ARTICLE XIV
BINDING EFFECT OF COMPACT AND OTHER LAWS
Section A. Other laws
Nothing herein prevents the enforcement of any other law of acompacting state that is not inconsistent with this compact.
All compacting states' laws conflicting with this compact aresuperseded to the extent of the conflict.
Section B. Binding effect of the compact
All lawful actions of the interstate commission, includingall rules and bylaws promulgated by the interstate commission, are binding uponthe compacting states.
All agreements between the interstate commission and thecompacting states are binding in accordance with their terms.
Upon the request of a party to a conflict over meaning orinterpretation of interstate commission actions, and upon a majority vote ofthe compacting states, the interstate commission may issue advisory opinionsregarding such meaning or interpretation.
In the event any provision of this compact exceeds theconstitutional limits imposed on the legislature of any compacting state, theobligations, duties, powers or jurisdiction sought to be conferred by suchprovision upon the interstate commission shall be ineffective and suchobligations, duties, powers or jurisdiction shall remain in the compactingstate and shall be exercised by the agency thereof to which such obligations,duties, powers or jurisdiction are delegated by law in effect at the time thiscompact becomes effective.