SENATE
DOCKET, NO. 1394 FILED ON: 1/13/2009
SENATE . . . . . . . . . .
. . . . No. 53
The Commonwealth of
Massachusetts
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PRESENTED BY:
Thomas M. McGee
_______________
To the
Honorable Senate and House of Representatives of the Commonwealth of
Massachusetts in General
Court assembled:
The
undersigned legislators and/or citizens respectfully petition for the passage
of the accompanying bill:
An Act establishing the interstate
compact for juveniles.
_______________
PETITION OF:
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Name:
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District/Address:
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Thomas M. McGee
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Third Essex and Middlesex
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[SIMILAR MATTER FILED IN PREVIOUS
SESSION
SEE SENATE, NO. S00089 OF 2007-2008.]
The Commonwealth of
Massachusetts
_______________
In the Year Two Thousand and Nine
_______________
An Act establishing the interstate compact for juveniles.
Be
it enacted by the Senate and House of Representatives in General Court
assembled, and by the authority of the same, as follows:
SECTION 1. Chapter 687 of the Acts of 1955 is
herby repealed.
SECTION 2. The governor is hereby authorized
and directed to execute a compact on behalf of this commonwealth with any other
state or states legally joined therein in the form substantially set out in
Section 3 of this act.
SECTION 3. The General Laws are hereby amended
by inserting after Chapter 120 the following new chapter:
Chapter 120A - Interstate Compact on
Juveniles
Section 1. 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. 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 compacting 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 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 and criminal
justice administrators; (K) monitor compliance with rules governing interstate
movement of juveniles and initiate interventions to address and correct
non-compliance; (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 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.
Section 2. Definitions. As used in sections 1 to 20 inclusive, unless the
context clearly requires a
different construction, the following words shall have the following meanings:-
“By –laws”, those by-laws established by the Interstate Commission for its
governance, or for directing or controlling its actions or conduct.
“Compact Administrator”, 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.
“Compacting State”, any state which has enacted the enabling legislation for
this compact.
“Commissioner”, the voting representative of each compacting state appointed
pursuant to section 3 of this compact.
“Court”, any court having jurisdiction over delinquent, neglected, or dependent
children.
“Deputy Compact Administrator”, 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.
“Interstate Commission”, the Interstate Commission for Juveniles created by
section 3 of this compact.
“Juvenile”, 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)
“Non-Offender”, a person in need of supervision who has not been
accused or adjudicated a status offender or delinquent.
“Non-Compacting state”, any state which has not enacted the enabling
legislation for this compact.
“Probation or Parole”, any kind of supervision or conditional release of
juveniles authorized under the laws of the compacting states.
“Rule”, a written statement by the Interstate Commission promulgated pursuant
to section 4 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.
“State”, 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.
Section 3. The Compact Commission.
(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 non-commissioner
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
non-commissioner members of the Interstate Commission shall be ex-officio
(non-voting) members. The Interstate Commission may provide in its by-laws for
such additional ex-officio (non-voting) 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 by-laws 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
by-laws. 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 by-laws and rules, and performs such other duties as directed
by the Interstate Commission or set forth in the by-laws.
(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 by-laws may provide for members’ participation in meetings
by telephone or other means of telecommunication or electronic communication.
(h) The Interstate Commission’s by-laws 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; 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.
Section 4. The 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
by-laws 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
by-laws, 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 section 3 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 by-laws 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 By-laws.
Section 5. By-Laws of the Interstate Commission
The Interstate Commission shall, by a majority of the members present and
voting, within twelve months after the first Interstate Commission meeting,
adopt by-laws 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.
Section 6. Officers and Staff of the Interstate Commission
(a) 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
by-laws. 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.
(b) 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 7. Qualified Immunity, Defense and Indemnification.
(a) 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.
(b) 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.
(c) 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.
(d) 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.
Section 8. Rulemaking Function 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 by-laws 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 its effective date,
if appropriate, based on input from state or local officials, or interested
parties.
(d) Allow, not later than sixty 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.
Section 9. Oversight and Enforcement by the Interstate Commission.
(a) 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
non-compacting states which may significantly affect compacting states.
(b) 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.
Section 10. Dispute Resolution by the Interstate Commission.
(a) 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.
(b) 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
non-compacting states. The commission shall promulgate a rule providing for
both mediation and binding dispute resolution for disputes among the compacting
states.
(c) 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 section 16 of this compact.
Section 11. Finance of the Interstate Commission
(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
by-laws. 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.
Section 12. 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 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.
Section 13. 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
Marianas Islands as defined in section 2 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 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 non-member states or their designees shall be
invited to participate in the activities of the Interstate Commission on a
non-voting 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.
Section 14. Withdrawal.
(a) 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.
(b) The effective date of withdrawal is the effective date of the repeal.
(c) 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 days of its receipt thereof.
1) 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.
2) 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 15. Technical Assistance, Fines, Suspension, Termination and
Default.
(a) 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 by-laws or duly promulgated rules,
the Interstate Commission may impose any or all of the following penalties:
1) Remedial training and technical assistance as
directed by the Interstate Commission;
2) Alternative Dispute Resolution;
3) Fines, fees, and costs in such amounts as are
deemed to be reasonable as fixed by the Interstate Commission; and
4) Suspension or termination of membership in the
compact, which shall be imposed only after all other reasonable means of
securing compliance under the by-laws 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 by-laws, or duly
promulgated rules and any other grounds designated in commission by-laws 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.
(b) Within sixty 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.
(c) 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.
(d) 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.
(e) 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 16. 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 by-laws, 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.
Section 17. Dissolution of the Compact
(a) 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.
(b) 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 by-laws.
Section 18. Severability and Construction.
(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 be enforceable.
(b) The provisions of this compact shall be liberally construed to effectuate
its purposes.
Section 19. Effect of Compact on Other Laws.
(a) Nothing herein prevents the enforcement of any other law of a compacting
state that is not inconsistent with this compact.
(b) 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 20. Binding Effect of the Compact.
(a) All lawful actions of the Interstate Commission, including all rules and
by-laws promulgated by the Interstate Commission, are binding upon the
compacting states.
(b) All agreements between the Interstate Commission and the compacting states
are binding in accordance with their terms.
(c) 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.
(d) 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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