Interstate Compact for juveniles

Contact Me

P.S. Have an attorney in your phone? Add us now 612-217-0077 – While we hope you never need us, we’re here if you do.

---

CHAPTER 378–S.F.No. 2891
An actrelating to corrections; adopting the Interstate Compact for Juveniles;
proposing coding for new law in Minnesota Statutes, chapter 260.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. [260.515] INTERSTATE COMPACT FOR JUVENILES.
The Interstate Compact for Juveniles is enacted into law and entered into with all
other states legally joining in it in substantially the following form:
ARTICLE I
PURPOSE
The compacting states to this Interstate Compact recognize that each state is
responsible for the proper supervision or return of juveniles, delinquents, and status
offenders who are on probation or parole and who have absconded, escaped, or run away
from supervision and control and in so doing have endangered their own safety and the
safety of others. The compacting states also recognize that each state is responsible for the
safe return of juveniles who have run away from home and in doing so have left their state
of residence. The compacting states also recognize that Congress, by enacting the Crime
Control Act, United States Code, title 4, section 112 (1965), has authorized and encouraged
compacts for cooperative efforts and mutual assistance in the prevention of crime.
It is the purpose of this compact, through means of joint and cooperative action
among the compacting states to:
(A) ensure that the adjudicated juveniles and status offenders subject to this compact
are provided adequate supervision and services in the receiving state as ordered by the
adjudicating judge or parole authority in the sending state;
(B) ensure that the public safety interests of the citizens, including the victims of
juvenile offenders, in both the sending and receiving states are adequately protected;
(C) return juveniles who have run away, absconded, or escaped from supervision or
control or have been accused of an offense to the state requesting their return;
(D) make contracts for the cooperative institutionalization in public facilities in
member states for delinquent youth needing special services;
(E) provide for the effective tracking and supervision of juveniles;
(F) equitably allocate the costs, benefits, and obligations of the compact states;
(G) establish procedures to manage the movement between states of juvenile
offenders released to the community under the jurisdiction of courts, juvenile departments,
or any other criminal or juvenile justice agency which has jurisdiction over juvenile
offenders;
(H) insure immediate notice to jurisdictions where defined juvenile offenders are
authorized to travel or to relocate across state lines;
(I) establish procedures to resolve pending charges (detainers) against juvenile
offenders prior to transfer or release to the community under the terms of this compact;
(J) establish a system of uniform data collection on information pertaining to
juveniles subject to this compact that allows access by authorized juvenile justice and
criminal justice officials, and regular reporting of compact activities to heads of state;
executive, judicial, and legislative branches; and juvenile criminal justice administrators;
(K) monitor compliance with rules governing interstate movement of juveniles and
initiate interventions to address and correct noncompliance;
(L) coordinate training and education regarding the regulation of interstate
movement of juveniles for officials involved in such activity; and
(M) coordinate the implementation and operation of the compact with the Interstate
Compact for the Placement of Children, the Interstate Compact for Adult Offender
Supervision, and other compacts affecting juveniles particularly in those cases where
concurrent or overlapping supervision issues arise.
It is the policy of the compacting states that the activities conducted by the Interstate
Commission created herein are the information of public policies and therefore are public
business. Furthermore, the compacting states shall cooperate and observe their individual
and collective duties and responsibilities for the prompt return and acceptance of juveniles
subject to the provisions of this compact. The provisions of this compact shall be
reasonably and liberally construed to accomplish the purpose and policies of the compact.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context clearly requires a different construction:
A. “Bylaws” means those bylaws established by the commission for its governance,
or for directing or controlling its actions or conduct.
B. “Compact administrator” means the individual in each compacting state appointed
pursuant to the terms of this compact responsible for the administration and management
of the state’s supervision and transfer of juveniles subject to the terms of this compact,
the rules adopted by the Interstate Commission, and policies adopted by the state council
under this compact.
C. “Compacting state” means any state which has enacted the enabling legislation
for this compact.
D. “Commissioner” means the voting representative of each compacting state
appointed pursuant to Article III of this compact.
E. “Court” means any court having jurisdiction over delinquent, neglected, or
dependent children.
F. “Deputy compact administrator” means the individual, if any, in each compacting
state appointed to act on behalf of a compact administrator pursuant to the terms of this
compact responsible for the administration and management of the state’s supervision
and transfer of juveniles subject to the terms of this compact, the rules adopted by the
Interstate Commission, and policies adopted by the state council under this compact.
G. “Interstate Commission” means the Interstate Commission for Juveniles created
by Article III of this compact.
H. “Juvenile” means any person defined as a juvenile in any member state or by the
rules of the Interstate Commission, including:
(1) accused delinquent – a person charged with an offense that, if committed by an
adult, would be a criminal offense;
(2) adjudicated delinquent – a person found to have committed an offense that, if
committed by an adult, would be a criminal offense;
(3) accused status offender – a person charged with an offense that would not be a
criminal offense if committed by an adult;
(4) adjudicated status offender – a person found to have committed an offense that
would not be a criminal offense if committed by an adult; and
(5) nonoffender – a person in need of supervision who has not been accused or
adjudicated a status offender or delinquent.
I. “Noncompacting state” means any state which has not enacted the enabling
legislation for this compact.
J. “Probation” or “parole” means any kind of supervision or conditional release of
juveniles authorized under the laws of the compacting states.
K. “Rule” means a written statement by the Interstate Commission promulgated
pursuant to Article 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 and effect of
statutory law in a compacting state, and includes the amendment, repeal, or suspension
of an existing rule.
L. “State” means a state of the United States, the District of Columbia (or its
designee), the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam,
American Samoa, and the Northern Marianas.
ARTICLE III
INTERSTATE COMMISSION FOR JUVENILES
A. The compacting states hereby create the “Interstate Commission for Juveniles.”
The commission shall be a body corporate and joint agency of the compacting states. The
commission shall have all the responsibilities, powers, and duties set forth herein, and
such additional powers as may be conferred upon it by subsequent action of the respective
legislatures of the compacting states in accordance with the terms of this compact.
B. The Interstate Commission shall consist of commissioners appointed by the
appropriate appointing authority in each state pursuant to the rules and requirements
of each compacting state and in consultation with the State Advisory Council for
Interstate Supervision of Juvenile Offenders and Runaways created hereunder. The
commissioner shall be the compact administrator. The commissioner of corrections or
the commissioner’s designee shall serve as the compact administrator, who shall serve
on the Interstate Commission in such capacity under or pursuant to the applicable law
of the compacting state.
C. In addition to the commissioners who are the voting representatives of each state,
the Interstate Commission shall include individuals who are not commissioners but who
are members of interested organizations. Such noncommissioner members must include
a member of the national organizations of governors, legislators, state chief justices,
attorneys general, Interstate Compact for Adult Offender Supervision, Interstate Compact
on the Placement of Children, juvenile justice and juvenile corrections officials, and
crime victims. All noncommissioner members of the Interstate Commission shall be
ex-officio (nonvoting) members. The Interstate Commission may provide in its bylaws
for such additional ex-officio (nonvoting) members, including members of other national
organizations, in such numbers as shall be determined by the commission.
D. Each compacting state represented at any meeting of the commission is entitled to
one vote. A majority of the compacting states shall constitute a quorum for the transaction
of business, unless a larger quorum is required by the bylaws of the Interstate Commission.
E. The commission shall meet at least once each calendar year. The chair may call
additional meetings 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 Interstate Commission shall establish an executive committee, which shall
include commission officers, members, and others as determined by the bylaws. The
executive committee shall have the power to act on behalf of the Interstate Commission
during periods when the Interstate Commission is not in session, with the exception of
rulemaking and/or amendment to the compact. The executive committee shall oversee
the day-to-day activities of the administration of the compact managed by an executive
director and Interstate Commission staff; administer enforcement and compliance with the
provisions of the compact, its bylaws, and rules; and perform such other duties as directed
by the Interstate Commission or set forth in the bylaws.
G. Each member of the Interstate Commission shall have the right and power to
cast a vote to which that compacting state is entitled and to participate in the business
and affairs of the Interstate Commission. A member shall vote in person and shall not
delegate a vote to another compacting state. However, a commissioner, in consultation
with the state council, shall appoint another authorized representative, in the absence of
the commissioner from that state, to cast a vote on behalf of the compacting state at a
specified meeting. The bylaws may provide for members’ participation in meetings by
telephone or other means of telecommunication or electronic communication.
H. The Interstate Commission’s bylaws shall establish conditions and procedures
under which the Interstate Commission shall make its information and official records
available to the public for inspection or copying. The Interstate Commission may exempt
from disclosure any information or official records to the extent they would adversely
affect personal privacy rights or proprietary interests.
I. Public notice shall 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. The
Interstate Commission and any of its committees may close a meeting to the public where
it determines by two-thirds vote that an open meeting would be likely to:
1. relate solely to the Interstate Commission’s internal personnel practices and
procedures;
2. disclose matters specifically exempted from disclosure by statute;
3. disclose trade secrets or commercial or financial information which is privileged
or confidential;
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
clearly unwarranted invasion of personal privacy;
6. disclose investigative records compiled for law enforcement purposes;
7. disclose information contained in or related to examination, operating or
condition reports prepared by, or on behalf of or for the use of, the Interstate Commission
with respect to a regulated person or entity for the purpose of regulation or supervision
of such person or entity;
8. disclose information, the premature disclosure of which would significantly
endanger the stability of a regulated person or entity;
9. specifically relate to the Interstate Commission’s issuance of a subpoena or its
participation in a civil action or other legal proceeding.
J. For every meeting closed pursuant to this provision, the Interstate Commission’s
legal counsel shall publicly certify that, in the legal counsel’s opinion, the meeting may be
closed to the public, and shall reference each relevant exemptive provision. The Interstate
Commission shall keep minutes which shall fully and clearly describe all matters discussed
in any meeting and shall provide a full and accurate summary of any actions taken, and the
reasons therefore, including a description of 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
documents considered in connection with any action shall be identified in such minutes.
K. The Interstate Commission shall collect standardized data concerning the
interstate movement of juveniles as directed through its rules which shall specify the data
to be collected, the means of collection, and data exchange and reporting requirements.
Such methods of data collection, exchange, and reporting shall insofar as is reasonably
possible conform to up-to-date technology and coordinate its information functions with
the appropriate repository of records.
ARTICLE IV
POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The commission shall have the following powers and duties:
1. To provide for dispute resolution among compacting states.
2. To promulgate rules to affect the purposes and obligations as enumerated in this
compact, which shall have the force and effect of statutory law and shall be binding in the
compact states to the extent and in the manner provided in this compact.
3. To oversee, supervise, and coordinate the interstate movement of juveniles
subject to the terms of this compact and any bylaws adopted and rules promulgated by the
Interstate Commission.
4. To enforce compliance with the compact provisions, the rules promulgated by the
Interstate Commission, and the bylaws, using all necessary and proper means, including
but not limited to the use of judicial process.
5. To establish and maintain offices which shall be located within one or more
of the compacting states.
6. To purchase and maintain insurance and bonds.
7. To borrow, accept, hire, or contract for services of personnel.
8. To establish and appoint committees and hire staff which it deems necessary for
the carrying out of its functions including, but not limited to, an executive committee
as required by Article III, which shall have the power to act on behalf of the Interstate
Commission in carrying out its powers and duties hereunder.
9. To elect or appoint such officers, attorneys, employees, agents, or consultants, and
to fix their compensation, define their duties, and determine their qualifications; and to
establish the Interstate Commission’s personnel policies and programs relating to, inter
alia, 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 it.
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
dispose of any property, real, personal, or mixed.
13. To establish a budget, make expenditures, and levy dues as provided in Article
VIII of this compact.
14. To sue and be sued.
15. To adopt a seal and bylaws governing the management and operation of the
Interstate Commission.
16. To perform such functions as may be necessary or appropriate to achieve the
purposes of this compact.
17. To report annually to the legislatures, governors, judiciary, and state councils
of the compacting states concerning the activities of the Interstate Commission during
the preceding year. Such reports shall also include any recommendations that may have
been adopted by the Interstate Commission.
18. To coordinate education, training, and public awareness regarding the interstate
movement of juveniles for officials involved in such activity.
19. To establish uniform standards of the reporting, collecting, and exchanging of
data.
20. The Interstate Commission shall maintain its corporate books and records in
accordance with the bylaws.
ARTICLE V
ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
Section A. Bylaws.
1. The Interstate Commission shall, by a majority of the members present and
voting, within 12 months after the first Interstate Commission meeting, adopt bylaws to
govern its conduct as may be necessary or appropriate to carry out the purposes of the
compact, including, but not limited to:
a. establishing the fiscal year of the Interstate Commission;
b. establishing an executive committee and such other committees as may be
necessary;
c. provide: (i) for the establishment of committees, and (ii) governing any general or
specific delegation of any authority or function of the Interstate Commission;
d. providing reasonable procedures for calling and conducting meetings of the
Interstate Commission and ensuring reasonable notice of each such meeting;
e. establishing the titles and responsibilities of the officers of the Interstate
Commission;
f. providing a mechanism for concluding the operations of the Interstate Commission
and the return of any surplus funds that may exist upon the termination of the compact
after the payment and/or reserving of all of its debts and obligations;
g. providing “start-up” rules for initial administration of the compact;
h. establishing standards and procedures for compliance and technical assistance in
carrying out the compact.
Section B. Officers and staff.
1. The Interstate Commission shall, by a majority of the members, elect annually
from among its members a chair and a vice chair, each of whom shall have such authority
and duties as may be specified in the bylaws. The chair or, in the chair’s absence or
disability, the vice chair shall preside at all meetings of the Interstate Commission. The
officers so elected shall serve without compensation or remuneration from the Interstate
Commission; provided that, subject to the availability of budget funds, the officers shall be
reimbursed for any ordinary and necessary costs and expenses incurred by them in the
performance of their responsibilities as officers of the Interstate Commission.
2. The Interstate Commission shall, through its executive committee, appoint or
retain an executive director for such period, upon such terms and conditions, and for such
compensation as the Interstate Commission may deem appropriate. The executive director
shall serve as secretary to the Interstate Commission, but shall not be a member and shall
hire and supervise such other staff as may be authorized by the Interstate Commission.
Section C. Qualified immunity, defense, and indemnification.
1. The commission’s executive director and employees shall be immune from suit
and liability, either personally or in their official capacity, for any claim for damage to or
loss of property or personal injury or other civil liability caused or arising out of or relating
to any actual or alleged act, error, or omission that occurred, or that such person had a
reasonable basis for believing occurred within the scope of commission employment,
duties, or responsibilities; provided, that any such person shall not be protected from suit
or liability for any damage, loss, injury, or liability caused by the intentional or willful and
wanton misconduct of any such person.
2. The liability of any commissioner, or the employee or agent of a commissioner,
acting within the scope of such person’s employment or duties for acts, errors, or omissions
occurring within such person’s state may not exceed the limits of liability set forth under
the Constitution and laws of that state for state officials, employees, and agents. Nothing
in this subsection shall be construed to protect any such person from suit or liability for
any damage, loss, injury, or liability caused by the intentional or willful and wanton
misconduct of any such person.
3. The Interstate Commission shall defend the executive director or the employees
or representatives of the Interstate Commission and, subject to the approval of the
attorney general of the state represented by any commissioner of a compacting state, shall
defend such commissioner or the commissioner’s representatives or employees 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, or
responsibilities, or that the defendant has a reasonable basis for believing occurred within
the scope of Interstate Commission employment, duties, or responsibilities, provided that
the actual or alleged act, error, or omission did not result from intentional or willful and
wanton misconduct on the part of such person.
4. The Interstate Commission shall indemnify and hold the commissioner of a
compacting state, or the commissioner’s representatives or employees, or the Interstate
Commission’s representatives or employees, harmless in the amount of any settlement or
judgment obtained against such persons arising out of any actual or alleged act, error, or
omission that occurred within the scope of Interstate Commission employment, duties, or
responsibilities, or that such persons had a reasonable basis for believing occurred within
the scope of Interstate Commission employment, duties, or responsibilities, provided that
the actual or alleged act, error, or omission did not result from intentional or willful and
wanton misconduct on the part of such persons.
ARTICLE VI
RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
1. The Interstate Commission shall promulgate and publish rules in order to
effectively and efficiently achieve the purposes of the compact.
2. Rulemaking shall occur pursuant to the criteria set forth in this article and the
bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform
to the principles of the “Model State Administrative Procedures Act,” 1981 Act, Uniform
Laws Annotated, Vol. 15, page 1 (2000), or such other administrative procedures act, as
the Interstate Commission deems appropriate consistent with due process requirements
under the United States Constitution as now or hereafter interpreted by the United States
Supreme Court. All rules and amendments shall become binding as of the date specified,
as published with the final version of the rule as approved by the commission.
3. When promulgating a rule, the Interstate Commission shall, at a minimum:
a. publish the proposed rule’s entire text stating the reasons for that proposed rule;
b. allow and invite any and all persons to submit written data, facts, opinions, and
arguments, which information shall be added to the record, and be made publicly available;
c. provide an opportunity for an informal hearing if petitioned by ten or more
persons; and
d. promulgate a final rule and its effective date, if appropriate, based on input from
state or local officials, or interested parties.
4. The Interstate Commission shall allow, not later than 60 days after a rule is
promulgated, any interested person to file a petition in the United States District Court for
the District of Columbia or in the federal District Court where the Interstate Commission’s
principal office is located for judicial review of such rule. If the court finds that the
Interstate Commission’s action is not supported by substantial evidence in the rulemaking
record, the court shall hold the rule unlawful and set it aside. For purposes of this
subsection, evidence is substantial if it would be considered substantial evidence under the
Model (State) Administrative Procedures Act.
5. If a majority of the legislatures of the compacting states rejects a rule, those states
may, by enactment of a statute or resolution in the same manner used to adopt the compact,
cause that such rule shall have no further force and effect in any compacting state.
6. The existing rules governing the operation of the Interstate Compact on Juveniles
superceded by this act shall be null and void 12 months after the first meeting of the
Interstate Commission created hereunder.
7. Upon determination by the Interstate Commission that a state of emergency
exists, it may promulgate an emergency rule which shall become effective immediately
upon adoption, provided that the usual rulemaking procedures provided hereunder shall be
retroactively applied to said rule as soon as reasonably possible, but no later than 90 days
after the effective date of the emergency rule.
ARTICLE VII
OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY
THE INTERSTATE COMMISSION
Section A. Oversight.
1. The Interstate Commission shall oversee the administration and operations of
the interstate movement of juveniles subject to this compact in the compacting states and
shall monitor such activities being administered in noncompacting states which may
significantly affect compacting states.
2. The courts and executive agencies in each compacting state shall enforce this
compact and shall take all actions necessary and appropriate to effectuate the compact’s
purposes and intent. The provisions of this compact and the rules promulgated hereunder
shall be received by all the judges, public officers, commissions, and departments of the
state government as evidence of the authorized statute and administrative rules. All courts
shall take judicial notice of the compact and the rules. In any judicial or administrative
proceeding in a compacting state pertaining to the subject matter of this compact which
may affect the powers, responsibilities, or actions of the Interstate Commission, it shall be
entitled to receive all service of process in any such proceeding, and shall have standing to
intervene in the proceeding for all purposes.
3. The compact administrator shall assess and collect fines, fees, and costs from any
state or local entity deemed responsible by the compact administrator for a default as
determined by the Interstate Commission under Article XI.
Section B. Dispute resolution.
1. The compacting states shall report to the Interstate Commission on all issues and
activities necessary for the administration of the compact as well as issues and activities
pertaining to compliance with the provisions of the compact and its bylaws and rules.
2. The Interstate Commission shall attempt, upon the request of a compacting state,
to resolve any disputes or other issues which are subject to the compact and which may
arise among compacting states and between compacting and noncompacting states. The
commission shall promulgate a rule providing for both mediation and binding dispute
resolution for disputes among the compacting states.
3. The Interstate Commission, in the reasonable exercise of its discretion, shall
enforce the provisions and rules of this compact using any or all means set forth in Article
XI of this compact.
ARTICLE VIII
FINANCE
1. The Interstate Commission shall pay or provide for the payment of the reasonable
expenses of its establishment, organization, and ongoing activities.
2. The Interstate Commission shall levy on and collect an annual assessment from
each compacting state to cover the cost of the internal operations and activities of the
Interstate Commission and its staff which must be in a total amount sufficient to cover
the Interstate Commission’s annual budget as approved each year. The aggregate annual
assessment amount shall be allocated based upon a formula to be determined by the
Interstate Commission, taking into consideration the population of each compacting state
and the volume of interstate movement of juveniles in each compacting state, and shall
promulgate a rule binding upon all compacting states which governs said assessment.
3. The Interstate Commission shall not incur any obligations of any kind prior
to securing the funds adequate to meet the same; nor shall the Interstate Commission
pledge the credit of any of the compacting states, except by and with the authority of
the compacting state.
4. The Interstate Commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Interstate Commission shall be
subject to the audit and accounting procedures established under its bylaws. However,
all receipts and disbursements of funds handled by the Interstate Commission shall be
audited yearly by a certified or licensed public accountant and the report of the audit shall
be included in and become part of the annual report of the Interstate Commission.
5. Minnesota’s annual assessment shall not exceed $30,000. The Interstate Compact
for Juveniles fund is established as a special fund in the Department of Corrections. The
fund consists of money appropriated for the purpose of meeting financial obligations
imposed on the state as a result of Minnesota’s participation in this compact. An
assessment levied or any other financial obligation imposed under this compact is effective
against the state only to the extent that money to pay the assessment or meet the financial
obligation has been appropriated and deposited in the fund established in this paragraph.
ARTICLE IX
THE STATE ADVISORY COUNCIL
Each member state shall create a State Advisory Council for the Interstate Compact
for Juveniles. The Advisory Council on the Interstate Compact for Juveniles consists of
the following individuals or their designees:
(1) the governor;
(2) the chief justice of the Supreme Court;
(3) two senators, one from the majority and the other from the minority party,
selected by the Subcommittee on Committees of the senate Committee on Rules and
Administration;
(4) two representatives, one from the majority and the other from the minority
party, selected by the house speaker;
(5) a representative from the Department of Human Services regarding the Interstate
Compact for the Placement of Children;
(6) the compact administrator, selected as provided in Article III;
(7) the executive director of the Office of Justice Programs or designee;
(8) the deputy compact administrator; and
(9) other members as appointed by the commissioner of corrections.
The council may elect a chair from among its members.
The council shall oversee and administer the state’s participation in the compact as
described in Article III. The council shall appoint the compact administrator as the state’s
commissioner.
The state advisory council will advise and exercise advocacy concerning that state’s
participation in Interstate Commission activities and other duties as may be determined by
that state, including, but not limited to, development of policy concerning operations and
procedures of the compact within that state.
Expiration; expenses. The provisions of section 15.059 apply to the council except
that it does not expire.
ARTICLE X
COMPACTING STATES, EFFECTIVE DATE, AND AMENDMENT
1. Any state, the District of Columbia (or its designee), the Commonwealth
of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the
Northern Marianas Islands as defined in Article II of this compact is eligible to become
a compacting state.
2. The compact shall become effective and binding upon legislative enactment of
the compact into law by no less than 35 of the states. The initial effective date shall be the
later of July 1, 2004, or upon enactment into law by the 35th jurisdiction. Thereafter, it
shall become effective and binding as to any other compacting state upon enactment of
the compact into law by that state. The governors of nonmember states or their designees
shall be invited to participate in the activities of the Interstate Commission on a nonvoting
basis prior to adoption of the compact by all states and territories of the United States.
3. The Interstate Commission may propose amendments to the compact for
enactment by the compacting states. No amendment shall become effective and binding
upon the Interstate Commission and the compacting states unless and until it is enacted
into law by unanimous consent of the compacting states.
ARTICLE XI
WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT
Section A. Withdrawal.
1. Once effective, the compact shall continue in force and remain binding upon each
and every compacting state; provided that a compacting state may withdraw from the
compact specifically repealing the statute, which enacted the compact into law.
2. The effective date of withdrawal is the effective date of the repeal.
3. The withdrawing state shall immediately notify the chair of the Interstate
Commission in writing upon the introduction of legislation repealing this compact in the
withdrawing state. The Interstate Commission shall notify the other compacting states of
the withdrawing state’s intent to withdraw within 60 days of its receipt thereof.
4. 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 effective date of withdrawal.
5. Reinstatement following withdrawal of any compacting state shall occur upon the
withdrawing state reenacting the compact or upon such later date as determined by the
Interstate Commission.
Section B. Technical assistance, fines, suspension, termination, and default.
1. If the Interstate Commission determines that any compacting state has at any
time defaulted in the performance of any of its obligations or responsibilities under this
compact, or the bylaws or duly promulgated rules, the Interstate Commission may impose
any or all of the following penalties:
a. remedial training and technical assistance as directed by the Interstate
Commission;
b. alternative dispute resolution;
c. fines, fees, and costs in such amounts as are deemed to be reasonable as fixed by
the Interstate Commission;
d. suspension or termination of membership in the compact, which shall be imposed
only after all other reasonable means of securing compliance under the bylaws and
rules have been exhausted and the Interstate Commission has therefore determined that
the offending state is in default. Immediate notice of suspension shall be given by the
Interstate Commission to the governor, the chief justice, or the chief judicial officer of the
state; the majority and minority leaders of the defaulting state’s legislature; and the state
council. The grounds for default include, but are not limited to, failure of a compacting
state to perform such obligations or responsibilities imposed upon it by this compact,
the bylaws, or duly promulgated rules and any other grounds designated in commission
bylaws and rules. The Interstate Commission shall immediately notify the defaulting state
in writing of the penalty imposed by the Interstate Commission and of the default pending
a cure of the default. The commission shall stipulate the conditions and the time period
within which the defaulting state must cure its default. If the defaulting state fails to cure
the default within the time period specified by the commission, the defaulting state shall
be terminated from the compact upon an affirmative vote of a majority of the compacting
states and all rights, privileges, and benefits conferred by this compact shall be terminated
from the effective date of termination.
2. Within 60 days of the effective date of termination of a defaulting state, the
commission shall notify the governor, the chief justice or chief judicial officer, 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 liabilities
incurred through the effective date of termination including any obligations, the
performance of which extends beyond the effective date of termination.
4. The Interstate Commission shall not bear any costs relating to the defaulting state
unless otherwise mutually agreed upon in writing between the Interstate Commission
and the defaulting state.
5. Reinstatement following termination of any compacting state requires both a
reenactment of the compact by the defaulting state and the approval of the Interstate
Commission pursuant to the rules.
Section C. Judicial enforcement.
The Interstate Commission may, by majority vote of the members, 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 Interstate Commission
has its offices, to enforce compliance with the provisions of the compact, 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, including reasonable attorney fees.
Section D. Dissolution of compact.
1. The compact dissolves effective upon the date of the withdrawal or default of the
compacting 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 shall be of no further force or effect, and the business and affairs of the Interstate
Commission shall be concluded and any surplus funds shall be distributed in accordance
with the bylaws.
ARTICLE XII
SEVERABILITY AND CONSTRUCTION
1. The provisions of this compact shall be severable, and if any phrase, clause,
sentence, or provision is deemed unenforceable, the remaining provisions of this compact
shall be enforceable.
2. The provisions of this compact shall be liberally constructed to effectuate its
purposes.
ARTICLE XIII
BINDING EFFECT OF COMPACT AND OTHER LAWS
Section A. Other laws.
1. Nothing herein prevents the enforcement of any other law of a compacting state
that is not inconsistent with this compact.
2. All compacting states’ laws other than state constitutions and other interstate
compacts conflicting with this compact are superseded to the extent of the conflict.
Section B. Binding effect of the compact.
1. All lawful actions of the Interstate Commission, including all rules and bylaws
promulgated by the Interstate Commission, are binding upon the compacting state.
2. All agreements between the Interstate Commission and the compacting states
are binding in accordance with their terms.
3. Upon the request of a party to a conflict over meaning or interpretation of Interstate
Commission actions, and upon a majority vote of the compacting states, the Interstate
Commission may issue advisory opinions regarding such meaning of 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 sought to be conferred by such provision upon the Interstate Commission shall
be ineffective and such obligations, duties, powers, or jurisdiction shall remain in the
compacting state 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 this compact
becomes effective.
Presented to the governor May 18, 2010
Signed by the governor May 27, 2010, 10:32 a.m.