Header:
General Laws of Rhode Island
TITLE 14. DELINQUENT AND DEPENDENT CHILDREN
CHAPTER 6.1. THE INTERSTATE COMPACT FOR JUVENILES
Date:
08/31/2009
Document:
§ 14-6.1-1. Execution of compact
The governor on behalf of the state of Rhode Island and Providence Plantations is authorized to execute a compact, in substantially the following form, with state, territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico, and the general assembly signifies in advance its approval and ratification of compact.
The Interstate Compact on Juveniles
The contracting states solemnly agree:
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, 4 U.S.C. § 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: (1) 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; (2) 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; (3) 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; (4)
make contracts for the cooperative institutionalization in public facilities
in member states for delinquent youth needing special services; (5) provide
for the effective tracking and supervision of juveniles; (6) equitably
allocate the costs, benefits and obligations of the compacting states; (7)
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; (8) insure immediate notice to
jurisdictions where defined offenders are authorized to travel or to relocate
across state lines; (9) establish procedures to resolve pending charges
(detainers) against juvenile offenders prior to transfer or release to the
community under the terms of this compact; (10) 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 and criminal
justice administrators; (11) monitor compliance with rules governing
interstate movement of juveniles and initiate interventions to address and
correct noncompliance; (12) coordinate training and education regarding the
regulation of interstate movement of juveniles for officials involved in such
activity; and (13) 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 formation 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 purposes and policies of
the compact.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context clearly requires a different
construction:
(1) "Bylaws" mans: those bylaws established by the interstate commission
for its governance, or for directing or controlling its actions or conduct.
(2) "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.
(3) "Compacting state" means: any state which has enacted the enabling
legislation for this compact.
(4) "Commissioner" means: the voting representative of each compacting
state appointed pursuant to Article III of this compact.
(5) "Court" means: any court having jurisdiction over delinquent,
neglected, or dependent children.
(6) "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.
(7) "Interstate commission" means: the interstate commission for
juveniles created by Article III of this compact.
(8) "Juvenile" means: any person defined as a juvenile in any member
state or by the rules of the interstate commission, including:
(a) Accused delinquent -- a person charged with an offense that, if
committed by an adult, would be a criminal offense;
(b) Adjudicated delinquent -- a person found to have committed an
offense that, if committed by an adult, would be a criminal offense;
(c) Accused status offender -- a person charged with an offense that
would not be a criminal offense if committed by an adult;
(d) Adjudicated status offender -- a person found to have committed
an offense that would not be a criminal offense if committed by an adult; and
(e) Nonoffender -- a person in need of supervision who has not been
accused or adjudicated a status offender or delinquent.
(9) "Noncompacting state" means: any state which has not enacted the
enabling legislation for this compact.
(10) "Probation or parole" means: any kind of supervision or conditional
release of juveniles authorized under the laws of the compacting states.
(11) "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.
(12) "State" means: a state of the United States, the District of
Columbia (or its designee), the Commonwealth of Puerto Rico, the U.S. Virgin
Islands, Guam, American Samoa, and the Northern Marianas Islands.
ARTICLE III
INTERSTATE COMMISSION FOR JUVENILES
(a) The 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
council for interstate juvenile supervision created hereunder. The
commissioner shall be the compact administrator, deputy compact administrator
or designee from that state 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 for 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
chairperson 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; administers enforcement and compliance with the provisions
of the compact, its bylaws and rules, and performs 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 ( 2/3)
vote that an open meeting would be likely to:
(1) Relate solely to the interstate commission's internal personnel
practice 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; or
(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 effect 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 compacting 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
(1) 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 and 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
(a) Bylaws -- The interstate commission shall, by a majority of the
members present and voting, within twelve (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:
(1) Establishing the fiscal year of the interstate commission;
(2) Establishing an executive committee and such other committees as
may be necessary;
(3) Provide for the establishment of committees governing any general
or specific delegation of any authority or function of the interstate
commission;
(4) Providing reasonable procedures for calling and conducting
meetings of the interstate commission, and ensuring reasonable notice of each
such meeting;
(5) Establishing the titles and responsibilities of the officers of
the interstate commission;
(6) 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;
(7) Providing "start-up" rules for initial administration of the
compact; and
(8) Establishing standards and procedures for compliance and
technical assistance in carrying out the compact.
(b) Officers and staff:
(1) The interstate commission shall, by a majority of the members,
elect annually from among its members a chairperson and a vice chairperson,
each of whom shall have such authority and duties as may be specified in the
bylaws. The chairperson or, in the chairperson's absence or disability, the
vice-chairperson 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
budgeted funds, the officers shall be reimbursed for any ordinary and
necessary costs and expenses incurred by them in the performance of their
duties and 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.
(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 without he 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 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 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
(a) The interstate commission shall promulgate and publish rules in
order to effectively and efficiently achieve the purposes of the compact.
(b) 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, p.
1 (2000), or such other administrative procedures act, as the interstate
commission deems appropriate consistent with due process requirements under
the U.S. Constitution as now or hereafter interpreted by the U.S. 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.
(c) When promulgating a rule, the interstate commission shall, at a
minimum:
(1) publish the proposed rule's entire text stating the reason(s) for
that proposed rule;
(2) 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;
(3) provide an opportunity for an informal hearing if petitioned by
ten (10) or more persons; and
(4) promulgate a final rule and it's effective date, if appropriate,
based on input from state or local officials, or interested parties.
(d) Allow, not later than sixty (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.
(e) 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.
(f) The existing rules governing the operation of the interstate compact
on juveniles superceded by this act shall be null and void twelve (12) months
after the first meeting of the interstate commission created hereunder.
(g) 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 ninety (90) days after the
effective date of the emergency rule.
ARTICLE VII
OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION BY THE INTERSTATE COMMISSION
(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.
(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
(a) The interstate commission shall pay or provide for the payment of
the reasonable expenses of its establishment, organization and ongoing
activities.
(b) 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.
(c) 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.
(d) 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.
ARTICLE IX
THE STATE COUNCIL
Each member state shall create a state council for Interstate Juvenile
Supervision. While each state may determine the membership of its own state
council, its membership must include at least one (1) representative from the
legislative, judicial, and executive branches of government, victims groups,
and the compact administrator, deputy compact administrator or designee. Each
compacting state retains the right to determine the qualifications of the
compact administrator or deputy compact administrator. Each state council will
advise and may exercise oversight and 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.
ARTICLE X
COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT
(a) Any state, the District of Columbia (or its designee), the
Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa,
and the Northern Mariana's Islands as defined in Article II of this compact is
eligible to become a compacting state.
(b) The compact shall become effective and binding upon legislative
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, 2004 or upon
enactment into law by the thirty-fifth (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.
(c) 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
(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 by 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 chairperson 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 sixty (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.
(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; and
(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 sixty (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.
(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 attorneys' fees.
(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 (1) 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
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 be enforceable. Provided, further, that the
provisions of this compact shall be liberally construed to effectuate its
purposes.
ARTICLE XIII
BINDING EFFECT OF COMPACT AND OTHER LAWS
(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.
(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 states.
(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 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 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.
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