77-28c-103 - Compact.
77-28c-103. Compact.
(a) The compacting states to this Interstate Compact recognize that each state isresponsible for the supervision of adult offenders in the community who are authorized pursuantto the by-laws and rules of this compact to travel across state lines both to and from eachcompacting state in such a manner as to track the location of offenders, transfer supervisionauthority in an orderly and efficient manner, and when necessary, return offenders to theoriginating jurisdictions. The compacting states also recognize that Congress, by enacting theCrime Control Act, 4 U.S.C. Section 112 (1965), has authorized and encouraged compacts forcooperative efforts and mutual assistance in the prevention of crime.
(b) It is the purpose of this compact and the Interstate Commission created hereunder,through means of joint and cooperative action among the compacting states: To provide theframework for the promotion of public safety and protect the rights of victims through the controland regulation of the interstate movement of offenders in the community; to provide for theeffective tracking, supervision, and rehabilitation of these offenders by the sending and receivingstates; and to equitably distribute the costs, benefits, and obligations of the compact among thecompacting states.
(c) In addition, this compact will: Create an Interstate Commission which will establishuniform procedures to manage the movement between states of adults placed under communitysupervision and released to the community under the jurisdiction of courts, paroling authorities,corrections, or other criminal justice agencies which will promulgate rules to achieve the purposeof this compact; ensure an opportunity for input and timely notice to victims and to jurisdictionswhere defined offenders are authorized to travel or to relocate across state lines; establish asystem of uniform data collection, access to information on active cases by authorized criminaljustice officials, and regular reporting of compact activities to heads of state councils, stateexecutive, judicial, and legislative branches, and criminal justice administrators; monitorcompliance with rules governing interstate movement of offenders and initiate interventions toaddress and correct noncompliance; and coordinate training and education regarding regulationsof interstate movement of offenders for officials involved in such activity.
(d) The compacting states recognize that there is no "right" of any offender to live inanother state and that duly accredited officers of a sending state may at all times enter a receivingstate and there apprehend and retake any offender under supervision subject to the provisions ofthis compact and by-laws and rules promulgated hereunder. It is the policy of the compactingstates that the activities conducted by the Interstate Commission created herein are the formationof public policies and are therefore public business.
(a) As used in this compact, unless the context clearly requires a different construction:
(1) "Adult" means both individuals legally classified as adults and juveniles treated asadults by court order, statute, or operation of law.
(2) "By-laws" mean those by-laws established by the Interstate Commission for itsgovernance, or for directing or controlling the Interstate Commission's actions or conduct.
(3) "Compact administrator" means the individual in each compacting state appointedpursuant to the terms of this compact responsible for the administration and management of the
state's supervision and transfer of offenders subject to the terms of this compact, the rulesadopted by the Interstate Commission and policies adopted by the state council under thiscompact.
(4) "Compacting state" means any state which has enacted the enabling legislation forthis compact.
(5) "Commissioner" means the voting representative of each compacting state appointedpursuant to Article III of this compact.
(6) "Interstate Commission" means the Interstate Commission for Adult OffenderSupervision established by this compact.
(7) "Member" means the commissioner of a compacting state or designee, who shall be aperson officially connected with the commissioner.
(8) "Noncompacting state" means any state which has not enacted the enablinglegislation for this compact.
(9) "Offender" means an adult placed under or subject to supervision as the result of thecommission of a criminal offense and released to the community under the jurisdiction of courts,paroling authorities, corrections, or other criminal justice agencies.
(10) "Person" means any individual, corporation, business enterprise, or other legalentity, either public or private.
(11) "Rules" means acts of the Interstate Commission, duly promulgated pursuant toArticle VIII of this compact, substantially affecting interested parties in addition to the InterstateCommission, which shall have the force and effect of law in the compacting states.
(12) "State" means a state of the United States, the District of Columbia, and any otherterritorial possessions of the United States.
(13) "State council" means the resident members of the State Council for Interstate AdultOffender Supervision created by each state under Article IV of this compact.
(a) The compacting states hereby create the "Interstate Commission for Adult OffenderSupervision." The Interstate Commission shall be a body corporate and joint agency of thecompacting states. The Interstate Commission shall have all the responsibilities, powers, andduties set forth herein; including the power to sue and be sued, and such additional powers asmay be conferred upon it by subsequent action of the respective legislatures of the compactingstates in accordance with the terms of this compact.
(b) The Interstate Commission shall consist of Commissioners selected and appointed byresident members of a State Council for Interstate Adult Offender Supervision for each state. Inaddition to the commissioners who are the voting representatives of each state, the InterstateCommission shall include individuals who are not commissioners but who are members ofinterested organizations. Such noncommissioner members must include a member of thenational organizations of governors, legislators, state chief justices, attorneys general, and crimevictims. All noncommissioner members of the Interstate Commission shall be ex-officio(nonvoting) members. The Interstate Commission may provide in its by-laws for suchadditional, ex-officio, nonvoting members as it deems necessary.
(c) Each compacting state represented at any meeting of the Interstate Commission isentitled to one vote. A majority of the compacting states shall constitute a quorum for thetransaction of business, unless a larger quorum is required by the by-laws of the Interstate
Commission.
(d) The Interstate Commission shall meet at least once each calendar year. Thechairperson may call additional meetings and, upon the request of 27 or more compacting states,shall call additional meetings. Public notice shall be given of all meetings and meetings shall beopen to the public.
(e) The Interstate Commission shall establish an executive committee which shallinclude commission officers, members, and others as shall be determined by the by-laws. TheExecutive Committee shall have the power to act on behalf of the Interstate Commission duringperiods when the Interstate Commission is not in session, with the exception of rulemakingand/or amendment to the Compact. The Executive Committee oversees the day-to-day activitiesmanaged by the Executive Director and Interstate Commission staff; administers enforcementand compliance with the provisions of the compact, its by-laws, and as directed by the InterstateCommission; and performs other duties as directed by the Commission or set forth in theby-laws.
(a) Each member state shall create a State Council for Interstate Adult OffenderSupervision which shall be responsible for the appointment of the commissioner who shall serveon the Interstate Commission from that state. Each state council shall appoint as itscommissioner the Compact Administrator from that state to serve on the Interstate Commissionin such capacity under or pursuant to applicable law of the member state. While each memberstate may determine the membership of its own state council, its membership must include atleast one representative from the legislative, judicial, and executive branches of government,victims groups, and compact administrators.
(b) Each compacting state retains the right to determine the qualifications of the compactadministrator, who shall be appointed by the state council or by the Governor in consultationwith the legislature and the judiciary.
(c) In addition to appointment of its commissioner to the National InterstateCommission, each state council shall exercise oversight and advocacy concerning itsparticipation in Interstate Commission activities and other duties as may be determined by eachmember state including, but not limited to, development of policy concerning operations andprocedures of the compact within that state.
(a) The Interstate Commission shall have the following powers:
(1) To adopt a seal and suitable by-laws governing the management and operation of theInterstate Commission.
(2) To promulgate rules which shall have the force and effect of statutory law and shallbe binding in the compacting states to the extent and in the manner provided in this compact.
(3) To oversee, supervise, and coordinate the interstate movement of offenders subject tothe terms of this compact and any by-laws adopted and rules promulgated by the compactcommission.
(4) To enforce compliance with compact provisions, Interstate Commission rules, andby-laws, using all necessary and proper means including, but not limited to, the use of judicialprocess.
(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 which it deems necessary for thecarrying out of its functions including, but not limited to, an executive committee as required byArticle III which shall have the power to act on behalf of the Interstate Commission in carryingout its powers and duties hereunder.
(9) To elect or appoint such officers, attorneys, employees, agents, or consultants, and tofix their compensation, define their duties, and determine their qualifications; and to establish theInterstate Commission's personnel policies and programs relating to, among other things,conflicts of interest, 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, and dispose of same.
(11) To lease, purchase, accept contributions or donations of, or otherwise to own, hold,improve, or use any property, real, personal, or mixed.
(12) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise disposeof any property, real, personal, or mixed.
(13) To establish a budget and make expenditures and levy dues as provided in Article Xof this compact.
(14) To sue and be sued.
(15) To provide for dispute resolution among compacting states.
(16) To perform such functions as may be necessary or appropriate to achieve thepurposes of this compact.
(17) To report annually to the legislatures, governors, judiciary, and state councils of thecompacting states concerning the activities of the Interstate Commission during the precedingyear. Such reports shall also include any recommendations that may have been adopted by theInterstate Commission.
(18) To coordinate education, training, and public awareness regarding the Interstatemovement of offenders for officials involved in such activity.
(19) To establish uniform standards for the reporting, collecting, and exchanging of data.
(a) By-laws. The Interstate Commission shall, by a majority of the members, within 12months of the first Interstate Commission meeting, adopt by-laws to govern its conduct as maybe necessary or appropriate to carry out the purposes of the compact including, but not limited to:
(1) Establishing the fiscal year of the Interstate Commission;
(2) Establishing an executive committee and such other committees as may be necessary, providing reasonable standards and procedures:
(i) For the establishment of committees, and
(ii) Governing any general or specific delegation of any authority or function of theInterstate Commission;
(3) Providing reasonable procedures for calling and conducting meetings of the InterstateCommission, and ensuring reasonable notice of each such meeting;
(4) Establishing the titles and responsibilities of the officers of the Interstate
Commission;
(5) Providing reasonable standards and procedures for the establishment of the personnelpolicies and programs of the Interstate Commission. Notwithstanding any civil service or othersimilar laws of any compacting state, the by-laws shall exclusively govern the personnel policiesand programs of the Interstate Commission; and
(6) Providing a mechanism for winding up the operations of the Interstate Commissionand the equitable return 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 transition rules for "start up" administration of the compact;
(8) Establishing standards and procedures for compliance and technical assistance incarrying out the compact.
(b) Officers and Staff.
(1) The Interstate Commission shall, by a majority of the members, elect from among itsmembers a chairperson and a vice chairperson, each of whom shall have such authorities andduties as may be specified in the by-laws. The chairperson or, in his or her absence or disability,the vice chairperson, shall preside at all meetings of the Interstate Commission. The officers soelected shall serve without compensation or remuneration from the Interstate Commission;provided that subject to the availability of budgeted funds, the officers shall be reimbursed forany actual and necessary costs and expenses incurred by them in the performance of their dutiesand responsibilities as officers of the Interstate Commission.
(2) The Interstate Commission shall, through its executive committee, appoint or retainan executive director for such period, upon such terms and conditions and for such compensationas the Interstate Commission may deem appropriate. The executive director shall serve assecretary to the Interstate Commission, and hire and supervise such other staff as may beauthorized by the Interstate Commission, but shall not be a member.
(c) Corporate Records of the Interstate Commission. The Interstate Commission shallmaintain its corporate books and records in accordance with the by-laws.
(d) Qualified Immunity, Defense, and Indemnification.
(1) The members, officers, executive director, and employees of the InterstateCommission shall be immune from suit and liability, either personally or in their officialcapacity, for any claim for damage to or loss of property or personal injury or other civil liabilitycaused or arising out of any actual or alleged act, error or omission that occurred within the scopeof Interstate Commission employment, duties, or responsibilities; provided, that nothing in thisparagraph shall be construed to protect any such person from suit and/or liability for any damage,loss, injury, or liability caused by the intentional or willful and wanton misconduct of any suchperson.
(2) The Interstate Commission shall defend the commissioner of a compacting state, orhis or her representatives or employees, or the Interstate Commission's representatives oremployees, in any civil action seeking to impose liability, arising out of any actual or alleged act,error or omission that occurred within the scope of Interstate Commission employment, duties, orresponsibilities, or that the defendant had a reasonable basis for believing occurred within thescope of Interstate Commission employment, duties, or responsibilities; provided, that the actualor alleged act, error, or omission did not result from intentional wrongdoing on the part of suchperson.
(3) The Interstate Commission shall indemnify and hold the commissioner of a
compacting state, the appointed designee, or employees, or the Interstate Commission'srepresentatives or employees, harmless in the amount of any settlement or judgement obtainedagainst such persons arising out of any actual or alleged act, error, or omission that occurredwithin the scope of Interstate Commission employment, duties, or responsibilities, or that suchpersons had a reasonable basis for believing occurred within the scope of Interstate Commissionemployment, duties, or responsibilities, provided, that the actual or alleged act, error, or omissiondid not result from gross negligence or intentional wrongdoing on the part of such person.
(a) The Interstate Commission shall meet and take such actions as are consistent with theprovisions of this compact.
(b) Except as otherwise provided in this compact and unless a greater percentage isrequired by the by-laws, in order to constitute an act of the Interstate Commission, such act shallhave been taken at a meeting of the Interstate Commission and shall have received an affirmativevote of a majority of the members present.
(c) Each member of the Interstate Commission shall have the right and power to cast avote to which that Compacting State is entitled and to participate in the business and affairs ofthe Interstate Commission. A member shall vote in person on behalf of the state and shall notdelegate a vote 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 onbehalf of the member state at a specified meeting. The by-laws may provide for members'participation in meetings by telephone or other means of telecommunication or electroniccommunication. Any voting conducted by telephone, or other means of telecommunication orelectronic communication, shall be subject to the same quorum requirements of meetings wheremembers are present in person.
(d) The Interstate Commission shall meet at least once during each calendar year. Thechairperson of the Interstate Commission may call additional meetings at any time and, upon therequest of a majority of the members, shall call additional meetings.
(e) The Interstate Commission's by-laws shall establish conditions and procedures underwhich the Interstate Commission shall make its information and official records available to thepublic for inspection or copying. The Interstate Commission may exempt from disclosure anyinformation or official records to the extent they would adversely affect personal privacy rights orproprietary interests. In promulgating such rules, the Interstate Commission may make availableto law enforcement agencies records and information otherwise exempt from disclosure, and mayenter into agreements with law enforcement agencies to receive or exchange information orrecords subject to nondisclosure and confidentiality provisions.
(f) Public notice shall be given of all meetings and all meetings shall be open to thepublic, except as set forth in the rules or as otherwise provided in the compact. The InterstateCommission shall promulgate rules consistent with the principles contained in the "Governmentin Sunshine Act," 5 U.S.C. Section 552(b), as may be amended. The Interstate Commission andany of its committees may close a meeting to the public where it determines by two-thirds votethat an open meeting would be likely to:
(1) Relate solely to the Interstate Commission's internal personnel practices andprocedures;
(2) Disclose matters specifically exempted from disclosure by statute;
(3) Disclose trade secrets or commercial or financial information which is privileged orconfidential;
(4) Involve accusing any person of a crime, or formally censuring any person;
(5) Disclose information of a personal nature where disclosure would constitute a clearlyunwarranted invasion of personal privacy;
(6) Disclose investigatory records compiled for law enforcement purposes;
(7) Disclose information contained in or related to examination, operating, or conditionreports prepared by, or on behalf of or for the use of, the Interstate Commission with respect to aregulated entity for the purpose of regulation or supervision of such entity;
(8) Disclose information, the premature disclosure of which would significantly endangerthe life of a person or the stability of a regulated entity;
(9) Specifically relate to the Interstate Commission's issuance of a subpoena, or itsparticipation in a civil action or proceeding.
(g) For every meeting closed pursuant to this provision, the Interstate Commission's chieflegal officer shall publicly certify that, in his or her opinion, the meeting may be closed to thepublic, and shall reference each relevant provision authorizing closure of the meeting. TheInterstate Commission shall keep minutes which shall fully and clearly describe all mattersdiscussed in any meeting and shall provide a full and accurate summary of any actions taken, andthe reasons therefor, including a description of each of the views expressed on any item and therecord of any roll call vote (reflected in the vote of each member on the question). Alldocuments considered in connection with any action shall be identified in such minutes.
(h) The Interstate Commission shall collect standardized data concerning the Interstatemovement of offenders as directed through its by-laws and rules which shall specify the data tobe collected, the means of collection, and data exchange and reporting requirements.
(a) The Interstate Commission shall promulgate rules in order to effectively andefficiently achieve the purposes of the compact, including transition rules governingadministration of the compact during the period in which it is being considered and enacted bythe states.
(b) Rulemaking shall occur pursuant to the criteria set forth in this article and the by-lawsand rules adopted pursuant thereto. Such rulemaking shall substantially conform to theprinciples of the federal Administrative Procedure Act, 5 U.S.C.S. Section 551 et seq., and theFederal Advisory Committee 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 date specified ineach rule or amendment.
(c) If a majority of the legislatures of the compacting states rejects a rule, by enactmentof a statute or resolution in the same manner used to adopt the compact, then such rule shall haveno further force and effect in any compacting state.
(d) When promulgating a rule, the Interstate Commission shall:
(1) Publish the proposed rule, stating with particularity the text of the rule which isproposed and the reason for the proposed rule;
(2) Allow persons to submit written data, facts, opinions, and arguments, whichinformation shall be publicly available;
(3) Provide an opportunity for an informal hearing; and
(4) Promulgate a final rule and its effective date, if appropriate, based on the rulemakingrecord. Not later than 60 days after a rule is promulgated, any interested person may file apetition in the United States District Court for the District of Columbia or in the Federal DistrictCourt where the Interstate Commission's principal office is located for judicial review of suchrule. If the court finds that the Interstate Commission's action is not supported by substantialevidence, (as defined in the APA), in the rulemaking record, the court shall hold the ruleunlawful and set it aside.
(e) Subjects to be addressed within 12 months after the first meeting must at a minimuminclude:
(i) notice to victims and opportunity to be heard;
(ii) offender registration and compliance;
(iii) violations/returns;
(iv) transfer procedures and forms;
(v) eligibility for transfer;
(vi) collection of restitution and fees from offenders;
(vii) data collection and reporting;
(viii) the level of supervision to be provided by the receiving state;
(ix) transition rules governing the operation of the compact and the InterstateCommission during all or part of the period between the effective date of the compact and thedate on which the last eligible state adopts the compact; and
(x) mediation, arbitration, and dispute resolution.
(f) The existing rules governing the operation of the previous compact superceded by thisact shall be null and void 12 months after the first meeting of the Interstate Commission createdhereunder.
(g) Upon determination by the Interstate Commission that an emergency exists, it maypromulgate an emergency rule which shall become effective immediately upon adoption,provided that the usual rulemaking procedures provided hereunder shall be retroactively appliedto said rule as soon as reasonably possible, in no event later than 90 days after the effective dateof the rule.
(a) Oversight.
(1) The Interstate Commission shall oversee the Interstate movement of adult offendersin the compacting states and shall monitor such activities being administered in noncompactingstates which may significantly affect compacting states.
(2) The courts and executive agencies in each compacting state shall enforce thiscompact and shall take all actions necessary and appropriate to effectuate the compact's purposesand intent. In any judicial or administrative proceeding in a compacting state pertaining to thesubject matter of this compact which may affect the powers, responsibilities, or actions of theInterstate Commission, the Interstate Commission shall be entitled to receive all service ofprocess in any such proceeding, and shall have standing to intervene in the proceeding for allpurposes.
(b) Dispute Resolution.
(1) The compacting states shall report to the Interstate Commission on issues or activities
of concern to them, and cooperate with and support the Interstate Commission in the discharge ofits duties and responsibilities.
(2) The Interstate Commission shall attempt to resolve any disputes or other issues whichare subject to the compact and which may arise among compacting states and noncompactingstates.
(3) The Interstate Commission shall enact a by-law or promulgate a rule providing forboth mediation and binding dispute resolution for disputes among the compacting states.
(c) Enforcement. The Interstate Commission, in the reasonable exercise of its discretion,shall enforce the provisions of this compact using any or all means set forth in Article XII (b) ofthis compact.
(a) The Interstate Commission shall pay or provide for the payment of the reasonableexpenses of its establishment, organization, and ongoing activities.
(b) The Interstate Commission shall levy on and collect an annual assessment from eachcompacting state to cover the cost of the internal operations and activities of the InterstateCommission and its staff which must be in a total amount sufficient to cover the InterstateCommission's annual budget as approved each year. The aggregate annual assessment amountshall be allocated based upon a formula to be determined by the Interstate Commission, takinginto consideration the population of the state and the volume of interstate movement of offendersin each compacting state and shall promulgate a rule binding upon all compacting states whichgoverns said assessment.
(c) The Interstate Commission shall not incur any obligations of any kind prior tosecuring the funds 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 the compacting state.
(d) The Interstate Commission shall keep accurate accounts of all receipts anddisbursements. The receipts and disbursements of the Interstate Commission shall be subject tothe audit and accounting procedures established under its by-laws. However, all receipts anddisbursements of funds handled by the Interstate Commission shall be audited yearly by acertified or licensed public accountant and the report of the audit shall be included in and becomepart of the annual report of the Interstate Commission.
(a) Any state, as defined in Article II of this compact, is eligible to become a compactingstate.
(b) The compact shall become effective and binding upon legislative enactment of thecompact into law by no less than 35 of the states. The initial effective date shall be the later ofJuly 1, 2001, or upon enactment into law by the thirty-fifth jurisdiction. Thereafter it shallbecome effective and binding, as to any other compacting state, upon enactment of the compactinto law by that state. The governors of nonmember states or their designees will be invited toparticipate in Interstate Commission activities on a nonvoting basis prior to adoption of thecompact by all states and territories of the United States.
(c) Amendments to the compact may be proposed by the Interstate Commission forenactment by the compacting states. No amendment shall become effective and binding upon theInterstate Commission and the compacting states unless and until it is enacted into law by
unanimous consent of the compacting states.
(a) Withdrawal.
(1) Once effective, the compact shall continue in force and remain binding upon eachand every compacting state; provided, that a compacting state may withdraw from the compact("withdrawing state") by enacting a statute specifically repealing the statute which enacted thecompact into law.
(2) The effective date of withdrawal is the effective date of the repeal.
(3) The withdrawing state shall immediately notify the chairperson of the InterstateCommission in writing upon the introduction of legislation repealing this compact in thewithdrawing state. The Interstate Commission shall notify the other compacting states of thewithdrawing state's intent to withdraw within 60 days of its receipt thereof.
(4) The withdrawing state is responsible for all assessments, obligations, and liabilitiesincurred through the effective date of withdrawal, including any obligations, the performance ofwhich extend beyond the effective date of withdrawal.
(5) Reinstatement following withdrawal of any compacting state shall occur upon thewithdrawing state reenacting the compact or upon such later date as determined by the InterstateCommission.
(b) Default.
(1) If the Interstate Commission determines that any compacting state has at any timedefaulted ("defaulting state") in the performance of any of its obligations or responsibilities underthis compact, the by-laws, or any duly promulgated rules, the Interstate Commission may imposeany or all of the following penalties:
(i) Fines, fees, and costs in such amounts as are deemed to be reasonable as fixed by theInterstate Commission;
(ii) Remedial training and technical assistance as directed by the Interstate Commission;
(iii) Suspension and termination of membership in the compact. Suspension shall beimposed only after all other reasonable means of securing compliance under the by-laws andrules have been exhausted. Immediate notice of suspension shall be given by the InterstateCommission to the governor, the chief justice or chief judicial officer of the state, the majorityand minority leaders of the defaulting state's legislature, and the state council.
(2) The grounds for default include, but are not limited to, failure of a compacting stateto perform such obligations or responsibilities imposed upon it by this compact, InterstateCommission by-laws, or duly promulgated rules. The Interstate Commission shall immediatelynotify the defaulting state in writing of the penalty imposed by the Interstate Commission on thedefaulting state pending a cure of the default. The Interstate Commission shall stipulate theconditions and the time period within which the defaulting state must cure its default. If thedefaulting state fails to cure the default within the time period specified by the InterstateCommission, in addition to any other penalties imposed herein, the defaulting state may beterminated from the compact upon an affirmative vote of a majority of the compacting states andall rights, privileges, and benefits conferred by this compact shall be terminated from theeffective date of suspension. Within 60 days of the effective date of termination of a defaultingstate, the Interstate Commission shall notify the governor, the chief justice or chief judicialofficer, and the majority and minority leaders of the defaulting state's legislature and the state
council of such termination.
(3) The defaulting state is responsible for all assessments, obligations, and liabilitiesincurred through the effective date of termination including any obligations, the performance ofwhich extends beyond the effective date of termination.
(4) The Interstate Commission shall not bear any costs relating to the defaulting stateunless otherwise mutually agreed upon between the Interstate Commission and the defaultingstate. Reinstatement following termination of any compacting state requires both a reenactmentof the compact by the defaulting state and the approval of the Interstate Commission pursuant tothe rules.
(c) Judicial Enforcement. The Interstate Commission may, by majority vote of themembers, initiate legal action in the United States District Court for the District of Columbia or,at the discretion of the Interstate Commission, in the federal district where the InterstateCommission has its offices, to enforce compliance with the provisions of the compact and itsduly promulgated rules and by-laws, against any compacting state in default. In the event judicialenforcement is necessary the prevailing party shall be awarded all costs of such litigationincluding reasonable attorneys' fees.
(d) Dissolution of Compact.
(1) The compact dissolves effective upon the date of the withdrawal or default of thecompacting state which reduces membership in the compact to one compacting state.
(2) Upon the dissolution of this compact, the compact becomes null and void and shallbe of no further force or effect, and the business and affairs of the Interstate Commission shall bewound up and any surplus funds shall be distributed in accordance with the by-laws.
(a) The provisions of this compact shall be severable, and if any phrase, clause, sentence,or provision is deemed unenforceable, the remaining provisions of the compact shall beenforceable.
(b) The provisions of this compact shall be liberally constructed to effectuate itspurposes.
(a) Other Laws.
(1) Nothing herein prevents the enforcement of any other law of a compacting state thatis not inconsistent with this compact.
(2) All compacting states' laws conflicting with this compact are superseded to the extentof the conflict.
(b) Binding Effect of the Compact.
(1) All lawful actions of the Interstate Commission, including all rules and by-lawspromulgated by the Interstate Commission, are binding upon the compacting states.
(2) All agreements between the Interstate Commission and the compacting states arebinding in accordance with their terms.
(3) Upon the request of a party to a conflict over meaning or interpretation of InterstateCommission actions, and upon a majority vote of the compacting states, the InterstateCommission may issue advisory opinions regarding such meaning or interpretation.
(4) In the event any provision of this compact exceeds the constitutional limits imposed
on the legislature of any compacting state, the obligations, duties, powers, or jurisdiction soughtto be conferred by such provision upon the Interstate Commission shall be ineffective and suchobligations, duties, powers, or jurisdiction shall remain in the compacting state and shall beexercised by the agency thereof to which such obligations, duties, powers, or jurisdiction aredelegated by law in effect at the time this compact becomes effective.
Enacted by Chapter 45, 2001 General Session