§ 42-39-1 - Compact enacted.
SECTION 42-39-1
§ 42-39-1 Compact enacted. – The New England Interstate Planning Compact is hereby enacted into law andentered into with any other state or states legally joining therein in the formsubstantially as follows:
NEW ENGLAND INTERSTATE PLANNING COMPACT
ARTICLE I–FINDINGS
New England is by virtue of geographic location and othercharacteristics a great population, cultural, economic and resource area which,with more intense use of physical, social, and economic resources, increasinglyrequires coordinated planning as a basic ingredient of effective and orderlygrowth of the region. To this end, it is the intent of this compact toestablish and provide for the operation of an interstate planning agency forNew England.
ARTICLE II–PURPOSE
It is the purpose of this compact to provide, in the NewEngland region, improved facilities and procedures for the coordination of thepolicies, programs, and activities of interstate significance in the NewEngland region in the field of physical, social and economic resources, and tostudy, investigate, and plan appropriate governmental activities with respectto the conservation, development and use of the same; to provide means by whichinterstate conflicts may be resolved; and to provide procedures for interstatecoordination of the interests of all public and private agencies, persons andentities in the fields covered by this compact, and to provide an organizationfor cooperation in such coordination.
ARTICLE III–CREATION OF COMMISSION
There is hereby created the New England interstate planningcommission, hereinafter called the "commission."
ARTICLE IV–MEMBERSHIP
The commission shall consist of one member from each partystate to be appointed and to serve, in accordance with and subject to the lawsof the state which he or she represents. Any member of the commission may berepresented by an alternate with power to act in his or her place and stead, ifthe laws of his or her state so provide and if notice of the designation ofsuch alternate is given to the commission in such manner as its bylaws mayprovide.
ARTICLE V–FUNCTIONS
To carry out the purpose of the compact it shall be theresponsibility of the commission to prepare studies and plans, and to recommendprocedures for implementing coordination of the policies and programs andactivities of interstate significance in the field of physical, social, andeconomic conservation and development in the New England region which mayinclude the following:
(1) Collection and interpretation of basic data.
(2) Investigation, planning, and programming (includingscheduling) of projects of interstate or regional significance.
(3) Planning and scheduling of governmental services andprograms which would be of assistance to the orderly growth and prosperity ofthe region, and to the well-being of its population.
(4) Encouraging of the referral of plans or proposals forprojects and programs of interstate or regional significance to the commission.
(5) Studying and recommending means for the most effectiveutilization of such federal assistance as may be available on a regional basisor as may have an interstate or regional impact.
(6) Assisting the party states, or any of them, incooperative planning undertakings with the federal government or any agenciesthereof.
To avoid duplication of effort and in the interests ofeconomy, the commission shall make use of existing studies, surveys, plans,data, and other materials in the possession of the governmental agencies of theparty states and their respective subdivisions or in the possession of otherinterstate agencies. Each such agency, within available appropriations and ifnot expressly prevented or limited by law, is hereby authorized to make suchmaterials available to the commission and to otherwise assist it in theperformance of its functions. At the request of the commission each such agencyis further authorized to provide the commission with information regardingplans and programs affecting the New England region so that the commission mayhave available to it current information with respect thereto.
The commission shall use qualified public and privateagencies to make investigations and conduct research, but if it is unable tosecure the undertaking of such investigations or original research by aqualified public or private agency, it shall have the power to make its owninvestigations and conduct its own research. The commission may make contractswith any public or private agencies or private persons or entities for theundertaking of such investigations or original research within its purview.
The officers and personnel of agencies of the party state,and of any other government or agency whatever, or private citizens, orrepresentatives of private organizations, may serve at the request of thecommission upon such advisory committees as the commission may determine tocreate; and such officers and personnel of any such government or agency, mayserve upon such committees without forfeiture of office or employment and withno loss or diminution in the status, rights and privileges which they otherwiseenjoy.
ARTICLE VI–COOPERATION WITH THE FEDERAL GOV-ERNMENT AND OTHER GOVERNMENTAL ENTITIES
Each party state is hereby authorized to participate incooperative or joint planning undertakings with the federal government, anyappropriate agency or agencies thereof, or with any interstate agency oragencies. Such participation shall be at the instance of the governor or insuch other manner as state law may provide or authorize. The commission shallfacilitate the work of state representatives in any joint interstate orcooperative federal-state undertaking authorized by this article, and each suchstate shall keep the commission advised of its activities in respect of suchundertakings, to the extent that they have interstate or regional significance.
ARTICLE VII–MEETINGS AND VOTING
The commission shall hold at least four (4) regular meetingsa year. No action of the commission shall be binding unless taken at a meetingat which a majority of the commission members are present and a majority of thetotal number of votes on the commission are cast in favor thereof: providedthat any action not binding by reason of failure to meet this requirement maybe ratified within thirty (30) days by the concurrence in writing of a majorityof the commission members.
ARTICLE VIII–FINANCES
(a) The commission shall submit to the governor or designatedofficer of each party state a budget including a statement of all fundsexpected to be available to the commission and their sources and, a request foran appropriation to cover that state's share of expenditures for such period asmay be required by the laws of that jurisdiction for presentation to thelegislature thereof.
(b) With due regard for such monies and other assistance asmay be made available to it, the commission shall be provided with such fundsby each of the several states participating therein to provide the means ofestablishing and maintaining facilities, a staff of personnel, and suchactivities as may be necessary to fulfill the powers and duties imposed uponand entrusted to the commission.
With due allowance for monies otherwise available, eachbudget of the commission shall be the responsibility of the party states, to beapportioned among them as follows: fifty percent (50%) on an equal basis;thirty percent (30%) on the basis of population; twenty percent (20%) on thebasis of area either within incorporated places or places having units of localgovernment, such population to be determined in accordance with the lastofficial United States census of population.
(c) The commission shall not pledge the credit of anyjurisdiction. The commission may meet any of its obligations in whole or inpart with funds available to it under article IX (e) of this compact, providedthat the commission takes specific action setting aside such funds prior to theincurring of any obligation to be met in whole or in part in such manner.
(d) The members of the commission shall be paid by thecommission their actual expenses incurred and incidental to the performance oftheir duties, subject to the approval of the commission.
(e) The commission shall keep accurate accounts of allreceipts and disbursements. The receipts and disbursements of the commissionshall be subject to the audit and accounting procedures established under itsbylaws. However, all receipts and disbursements of funds handled by thecommission shall be audited by a qualified public accountant and the report ofthe audit shall be included in and become a part of the annual report of thecommission.
(f) The accounts of the commission shall be open at anyreasonable time for inspection by such agency, representative, orrepresentatives of the jurisdictions which appropriate funds to the commission.
ARTICLE IX–ADMINISTRATION AND MANAGEMENT
(a) The commission may sue and be sued and shall have a seal.
(b) The commission shall elect annually, from among itsmembers, a chairperson, vice-chairperson and treasurer. The commission shallappoint an executive director who shall also act as secretary, and togetherwith the treasurer, shall be bonded in such amounts as the commission mayrequire.
(c) The commission shall appoint and remove or discharge suchpersonnel as may be necessary for the performance of its functions irrespectiveof any civil service laws which might otherwise apply. The commission shallestablish and maintain, independently by contract or agreement, or inconjunction with any one or more of the party states, suitable retirementprograms for its employees. Employees of the commission shall be eligible forsocial security coverage in respect to old age and survivors insurance providedthat the commission takes such steps as may be necessary pursuant to federallaw to participate in such program of insurance as a governmental agency orunit. The commission may establish and maintain or participate in suchadditional programs of employee benefits as may be appropriate to affordemployees of the commission terms and conditions of employment similar to thoseenjoyed by employees of the party states generally.
(d) The commission may borrow, accept or contract for theservices of personnel from any state or the United States or any subdivision oragency thereof, from an intergovernmental agency, or from any institution,person, firm or corporation.
(e) The commission may accept for any of its purposes andfunctions under this compact any and all appropriations, donations, and grantsof money, equipment, supplies, materials and services, conditional orotherwise, from any state or the United States or any subdivision or agencythereof, or intergovernmental agency, or any institution, person, firm orcorporation, and may receive, utilize and dispose of the same.
(f) The commission may establish and maintain such facilitiesas may be necessary for the transacting of its business. The commission mayacquire, hold, and convey real and personal property and any interest therein.
(g) The commission may adopt, amend, and rescind bylaws,rules, and regulations for the conduct of its business.
(h) The commission shall make and transmit annually, to thelegislature and governor of each party state, a report covering the activitiesof the commission for the preceding year, and embodying such recommendations asmay have been adopted by the commission. The commission may issue suchadditional reports as it may deem desirable.
ARTICLE X–OTHER COMPACTS AND ACTIVITIES
Nothing in this compact shall be construed to impair, orotherwise affect the jurisdiction of any interstate agency in which any partystate participates nor to abridge, impair, or otherwise affect the provisionsof any compact to which any one or more of the party states may be a party, norto supersede, diminish, or otherwise affect any obligation assumed under anysuch compact; nor shall anything in this compact be construed to discourageadditional interstate compacts among some or all of the party states or theestablishment of intergovernmental agencies in sub-areas of the region. Nothingin this compact shall be construed to limit the jurisdiction or activities ofany participating government, agency, or officer thereof, or any private personor agency.
ARTICLE XI–ENACTMENT
This compact shall become effective when entered into andenacted into law by any three (3) of the states of Connecticut, Maine,Massachusetts, New Hampshire, Rhode Island and Vermont. Thereafter it shallbecome effective with respect to any other aforementioned state upon itsenacting this compact into law.
ARTICLE XII–WITHDRAWAL
This compact shall continue in force and remain binding uponeach party state until renounced by it. Renunciation of this compact must bepreceded by sending three (3) years' notice of writing of intention to withdrawfrom the compact to the governor of each of the other states party hereto.
ARTICLE XIII–CONSTRUCTION AND SEVERABILITY
The provisions of this compact shall be severable and if anyphrase, clause, sentence, or provision of this compact is declared to beunconstitutional or the applicability thereof, to any state, agency, person, orcircumstance is held invalid, the constitutionality of the remainder of thiscompact and the applicability thereof, to any other state, agency, person, orcircumstance shall not be affected thereby. It is the legislative intent thatthe provisions of this compact be reasonably and liberally construed.