N.Y. Executive Law § 259-mm: Interstate compact for adult offender supervision

* § 259-mm. Interstate compact for adult offender supervision. The

interstate compact for adult offender supervision as set forth in this

section is hereby adopted, enacted into law and entered into with all

other jurisdictions joining therein. The compact shall be as follows:

INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION

ARTICLE I. Purpose.

ARTICLE II. Definitions.

ARTICLE III. The compact commission.

ARTICLE IV. The state council.

ARTICLE V. Powers and duties of the interstate commission.

ARTICLE VI. Organization and operation of the interstate commission.

ARTICLE VII. Activities of the interstate commission.

ARTICLE VIII. Rulemaking functions of the interstate commission.

ARTICLE IX. Oversight, enforcement and dispute resolution by the

interstate commission.

ARTICLE X. Finance.

ARTICLE XI. Compacting states, effective date and amendment.

ARTICLE XII. Withdrawal, default, termination and judicial enforcement.

ARTICLE XIII. Severability and construction.

ARTICLE XIV. Binding effect of compact and other laws.

ARTICLE I

PURPOSE

The compacting states to this interstate compact recognize that each

state is responsible for the supervision of adult offenders in the

community who are authorized pursuant to the bylaws and rules of this

compact to travel across state lines both to and from each compacting

state in such a manner as to track the location of offenders, transfer

supervision authority in an orderly and efficient manner, and when

necessary return offenders to the originating jurisdictions. 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 and the interstate

commission created pursuant to this compact, through means of joint and

cooperative action among the compacting states: to provide the framework

for the promotion of public safety and protect the rights of victims

through the control and regulation of the interstate movement of

offenders in the community; to provide for the effective tracking,

supervision and rehabilitation of these offenders by the sending and

receiving states; and to equitably distribute the costs, benefits and

obligations of the compact among the compacting states. In addition,

this compact will: create an interstate commission which will establish

uniform procedures to manage the movement between states of adults

placed under community supervision and released to the community under

the jurisdiction of courts, paroling authorities, corrections or other

criminal justice agencies which will promulgate rules to achieve the

purpose of this compact; ensure an opportunity for input and timely

notice to victims and to jurisdictions where defined offenders are

authorized to travel or to relocate across state lines; establish a

system of uniform data collection, access to information on active cases

by authorized criminal justice officials, and regular reporting of

compact activities to heads of state councils, state executive, judicial

and legislative branches, and criminal justice administrators; monitor

compliance with rules governing interstate movement of offenders and

initiate interventions to address and correct non-compliance; and

coordinate training and education regarding regulations of interstate

movement of offenders for officials involved in such activity. The

compacting states recognize that there is no "right" of any offender to

live in another state and that duly accredited officers of a sending

state may at all times enter a receiving state and there apprehend and

retake any offender under supervision subject to the provisions of this

compact and bylaws and rules promulgated thereto. It is the policy of

the compacting states that the activities conducted by the interstate

commission created by this compact are the formation of public policies

and are therefore public business.

ARTICLE II

DEFINITIONS

As used in this compact, unless the context clearly requires a

different construction:

(a) "Adult" means both individuals legally classified as adults and

juveniles treated as adults by court order, statute or operation of law.

(b) "By-laws" means those by-laws established by the interstate

commission for its governance, or for directing or controlling the

interstate commission's actions or conduct.

(c) "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 offenders subject to the terms of this compact, the rules

adopted by the interstate commission and policies adopted by the state

council under this compact.

(d) "Compacting state" means any state which has enacted the enabling

legislation for this compact.

(e) "Commissioner" means the voting representative of each compacting

state appointed pursuant to article III of this compact.

(f) "Interstate commission" means the interstate commission for adult

offender supervision established by this compact.

(g) "Member" means the commissioner of a compacting state or designee,

who shall be a person officially connected with the commissioner.

(h) "Non-compacting state" means any state which has not enacted the

enabling legislation for this compact.

(i) "Offender" means an adult placed under, or subject to, supervision

as the result of the commission of a criminal offense and released to

the community under the jurisdiction of courts, paroling authorities,

corrections or other criminal justice agencies.

(j) "Person" means any individual, corporation, business enterprise or

other legal entity, either public or private.

(k) "Rules" means acts of the interstate commission, duly promulgated

pursuant to article VIII of this compact, substantially affecting

interested parties in addition to the interstate commission, which shall

have the force and effect of law in the compacting states.

(l) "State" means a state of the United States, the District of

Columbia and any other territorial possessions of the United States.

(m) "State council" means the resident members of the state council

for interstate adult offender supervision created by each state under

article IV of this compact.

ARTICLE III

THE COMPACT COMMISSION

The compacting states hereby create the "interstate commission for

adult offender supervision". The interstate commission shall be a body

corporate and joint agency of the compacting states. The interstate

commission shall have all the responsibilities, powers and duties set

forth in this compact, including the power to sue and be sued, 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.

The interstate commission shall consist of commissioners selected and

appointed by resident members of a state council for interstate adult

offender supervision for each state. 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 and crime victims.

All non-commissioner members of the interstate commission shall be

ex-officio (nonvoting) members. The interstate commission may provide in

its by-laws for such additional, ex-officio, non-voting members as it

deems necessary.

Each compacting state represented at any meeting of the interstate

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.

The interstate commission shall meet at least once each calendar year.

The chairperson may call additional meetings and, upon the request of

twenty-seven or more compacting states, shall call additional meetings.

Public notice shall be given of all meetings and meetings shall be open

to the public.

The interstate commission shall establish an executive committee which

shall include commission officers, members and others as shall be

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

oversees the day-to-day activities managed by the executive director and

interstate commission staff; administers enforcement and compliance with

the provisions of the compact, its by-laws and as directed by the

interstate commission and performs other duties as directed by the

commission or set forth in the by-laws.

ARTICLE IV

THE STATE COUNCIL

Each member state shall create a state council for interstate adult

offender supervision which shall be responsible for the appointment of

the commissioner who shall serve on the interstate commission from that

state. Each state council shall appoint as its commissioner the compact

administrator from that state to serve on the interstate commission in

such capacity under or pursuant to applicable law of the member state.

While each member 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 compact administrators. Each compacting state retains the

right to determine the qualifications of the compact administrator who

shall be appointed by the state council or by the governor in

consultation with the legislature and the judiciary. In addition to

appointment of its commissioner to the national interstate commission,

each state council shall exercise oversight and advocacy concerning its

participation in interstate commission activities and other duties as

may be determined by each member state including but not limited to,

development of policy concerning operations and procedures of the

compact within that state. The compact administrator shall be appointed

by the governor in consultation with the temporary president of the

senate, the speaker of the assembly and the chief judge of the court of

appeals. The state council shall appoint the compact administrator to

serve on the interstate commission pursuant to this section.

ARTICLE V

POWERS AND DUTIES OF THE INTERSTATE COMMISSION

The interstate commission shall have the following powers:

(a) to adopt a seal and suitable by-laws governing the management and

operation of the interstate commission;

(b) to promulgate rules 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;

(c) to oversee, supervise and coordinate the interstate movement of

offenders subject to the terms of this compact and any by-laws adopted

and rules promulgated by the compact commission;

(d) to enforce compliance with compact provisions, interstate

commission rules, and by-laws using all necessary and proper means,

including but not limited to, the use of judicial order;

(e) to establish and maintain offices;

(f) to purchase and maintain insurance and bonds;

(g) to borrow, accept or contract for services of personnel,

including, but not limited to, members and their staffs;

(h) 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 of this

compact which shall have the power to act on behalf of the interstate

commission in carrying out its powers and duties pursuant to this

compact;

(i) 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, among other

things, conflicts of interest, rates of compensation and qualifications

of personnel;

(j) to accept any and all donations and grants of money, equipment,

supplies, materials and services, and to receive, utilize and dispose of

same;

(k) to lease, purchase, accept contributions or donations of, or

otherwise to own, hold, improve or use any property, real, personal or

mixed;

(l) to sell, convey, mortgage, pledge, lease, exchange, abandon or

otherwise dispose of any property, real, personal or mixed;

(m) to establish a budget and make expenditures and levy dues as

provided in article X of this compact;

(n) to sue and be sued;

(o) to provide for dispute resolution among compacting states;

(p) to perform such functions as may be necessary or appropriate to

achieve the purposes of this compact;

(q) 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;

(r) to coordinate education, training and public awareness regarding

the interstate movement of offenders for officials involved in such

activity; and

(s) to establish uniform standards for the reporting, collecting and

exchanging of data.

ARTICLE VI

ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION

(a) By-laws. The interstate commission shall, by a majority of the

members, within twelve months of 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. providing reasonable standards and procedures:

a. for the establishment of committees, and

b. 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 reasonable standards and procedures for the establishment

of the personnel policies and programs of the interstate commission.

Notwithstanding any civil service or other similar laws of any

compacting state, the by-laws shall exclusively govern the personnel

policies and programs of the interstate commission;

7. providing a mechanism for winding up the operations of the

interstate commission and the equitable 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;

8. providing transition rules for "start up" administration of the

compact; and

9. establishing standards and procedures for compliance and technical

assistance in carrying out the compact.

(b) Officers and staff. The interstate commission shall, by a majority

of the members, elect from among its members a chairperson and a vice

chairperson, each of whom shall have such authorities and duties as may

be specified in the by-laws. The chairperson or, in his or her absence

or disability, the vice chairperson, shall preside at all meetings of

the interstate commission. The officers 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 actual and necessary costs and expenses incurred

by them in the performance of their duties and responsibilities as

officers of the interstate commission.

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, and hire and supervise such other staff as

may be authorized by the interstate commission, but shall not be a

member.

(c) Corporate records of the interstate commission. The interstate

commission shall maintain its corporate books and records in accordance

with the by-laws.

(d) Qualified immunity, defense and indemnification. The members,

officers, executive director and employees of the interstate commission

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 cause or arising out of any

actual or alleged act, error or omission that occurred within the scope

of interstate commission employment, duties or responsibilities;

provided, that nothing in this subdivision shall be construed to protect

any such person from suit and/or liability for any damage, loss, injury

or liability caused by the intentional or willful and wanton misconduct

of any such person. The interstate commission shall defend the

commissioner of a compacting state, or his or her representatives or

employees, or the interstate commission'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 wrongdoing on the part of such person.

The interstate commission shall indemnify and hold the commissioner of

a compacting state, the appointed designee 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 gross negligence or intentional

wrongdoing on the part of such person.

ARTICLE VII

ACTIVITIES OF THE INTERSTATE COMMISSION

The interstate commission shall meet and take such actions as are

consistent with the provisions of this compact.

Except as otherwise provided in this compact and unless a greater

percentage is required by the by-laws, in order to constitute an act of

the interstate commission, such act shall have been taken at a meeting

of the interstate commission and shall have received an affirmative vote

of a majority of the members present.

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 on behalf of the state and shall not

delegate a vote to another member state. However, a state council shall

appoint another authorized representative, in the absence of the

commissioner from that state, to cast a vote on behalf of the member

state at a specified meeting. The by-laws may provide for members'

participation in meetings by telephone or other means of

telecommunication or electronic communication. Any voting conducted by

telephone, or other means of telecommunication or electronic

communication shall be subject to the same quorum requirements of

meetings where members are present in person.

The interstate commission shall meet at least once during each

calendar year. The chairperson of the interstate commission may call

additional meetings at any time and, upon the request of a majority of

the members, shall call additional meetings.

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. In promulgating

such rules, the interstate commission may make available to law

enforcement agencies records and information otherwise exempt from

disclosure, and may enter into agreements with law enforcement agencies

to receive or exchange information or records subject to nondisclosure

and confidentiality provisions.

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 shall promulgate

rules consistent with the principles contained in the "Government in

Sunshine Act," 5 U.S.C. Section 552(b), as may be amended. The

interstate commission and any of its committees may close a meeting to

the public where it determines by a two-thirds vote that an open meeting

would be likely to:

(a) relate solely to the interstate commission's internal personnel

practices and procedures;

(b) disclose matters specifically exempted from disclosure by statute;

(c) disclose trade secrets or commercial or financial information

which is privileged or confidential;

(d) involve accusing any person of a crime, or formally censuring any

person;

(e) disclose information of a personal nature where disclosure would

constitute a clearly unwarranted invasion of personal privacy;

(f) disclose investigatory records compiled for law enforcement

purposes;

(g) 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 entity for

the purpose of regulation or supervision of such entity;

(h) disclose information, the premature disclosure of which would

significantly endanger the life of a person or the stability of a

regulated entity; or

(i) specifically relate to the interstate commission's issuance of a

subpoena, or its participation in a civil action or proceeding.

For every meeting closed pursuant to this article, the interstate

commission's chief legal officer shall publicly certify that, in his or

her 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 therefor, including a description

of each of the views expressed on any item and the record of any

rollcall 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.

The interstate commission shall collect standardized data concerning

the interstate movement of offenders as directed through its by-laws and

rules which shall specify the data to be collected, the means of

collection and data exchange and reporting requirements.

ARTICLE VIII

RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION

The interstate commission shall promulgate rules in order to

effectively and efficiently achieve the purposes of the compact

including transition rules governing administration of the compact

during the period in which it is being considered and enacted by the

states.

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 federal

Administrative Procedure Act, 5 U.S.C.S. section 551 et seq., and the

Federal Advisory Committee Act, 5 U.S.C.S. app. 2, section 1 et seq., as

may be amended (hereinafter referred to as "APA"). All rules and

amendments shall become binding as of the date specified in each rule or

amendment.

If a majority of the legislatures of the compacting states rejects a

rule, by enactment of a statute or resolution in the same manner used to

adopt the compact, then such rule shall have no further force and effect

in any compacting state.

When promulgating a rule, the interstate commission shall:

(a) publish the proposed rule stating with particularity the text of

the rule which is proposed and the reason for the proposed rule;

(b) allow persons to submit written data, facts, opinions and

arguments, which information shall be publicly available;

(c) provide an opportunity for an informal hearing; and

(d) promulgate a final rule and its effective date, if appropriate,

based on the rulemaking record.

Not later than sixty days after a rule is promulgated, any interested

person may file a petition in the United States District Court for the

District of Columbia or in the Federal District Court where the

interstate commission 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, (as defined in the APA), in the

rulemaking record, the court shall hold the rule unlawful and set it

aside. Subjects to be addressed within twelve months after the first

meeting must at a minimum include:

1. notice to victims and opportunity to be heard;

2. offender registration and compliance;

3. violations/returns;

4. transfer procedures and forms;

5. eligibility for transfer;

6. collection of restitution and fees from offenders;

7. data collection and reporting;

8. the level of supervision to be provided by the receiving state;

9. transition rules governing the operation of the compact and the

interstate commission during all or part of the period between the

effective date of the compact and the date on which the last eligible

state adopts the compact; and

10. mediation, arbitration and dispute resolution.

The existing rules governing the operation of the previous compact

superceded by this compact shall be null and void twelve months after

the first meeting of the interstate commission created pursuant to this

compact.

Upon determination by the interstate commission that an 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, in no event later than ninety days after the

effective date of the rule.

ARTICLE IX

OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION BY THE

INTERSTATE COMMISSION

(a) Oversight. The interstate commission shall oversee the interstate

movement of adult offenders in the compacting states and shall monitor

such activities being administered in non-compacting states which may

significantly affect compacting states.

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. 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, the interstate

commission 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. The compacting states shall report to the

interstate commission on issues or activities of concern to them, and

cooperate with and support the interstate commission in the discharge of

its duties and responsibilities.

The interstate commission shall attempt to resolve any disputes or

other issues which are subject to the compact and which may arise among

compacting states and non-compacting states.

The interstate commission shall enact a by-law or promulgate a rule

providing for both mediation and binding dispute resolution for disputes

among the compacting states.

(c) Enforcement. The interstate commission, in the reasonable exercise

of its discretion, shall enforce the provisions of this compact using

any or all means set forth in article XII, subdivision (b), of this

compact.

ARTICLE X

FINANCE

The interstate commission shall pay or provide for the payment of the

reasonable expenses of its establishment, organization and ongoing

activities.

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 the state and the volume of interstate movement of

offenders in each compacting state and shall promulgate a rule binding

upon compacting states which governs said assessment.

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.

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.

ARTICLE XI

COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT

Any state, as defined in article II of this compact, is eligible to

become a compacting state. The compact shall become effective and

binding upon legislative enactment of the compact into law by no less

than thirty-five of the states. The initial effective date shall be the

later of July first, two thousand three, or upon enactment into law by

the thirty-fifth jurisdiction. Thereafter it shall become effective and

binding, as to any other compacting state and in the state of New York,

upon enactment of the compact into law by that state. The governors of

non-member states or their designees will be invited to participate in

interstate commission activities on a non-voting basis prior to adoption

of the compact by all states and territories of the United States.

Amendments to the compact may be proposed by the interstate commission

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 XII

WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT

(a) Withdrawal. 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 ("withdrawing state")

by enacting a statute specifically repealing the statute which enacted

the compact into law.

The effective date of withdrawal is the effective date of the repeal.

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.

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. 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) Default. If the interstate commission determines that any

compacting state has at any time defaulted ("defaulting state") in the

performance of any of its obligations or responsibilities under this

compact, the by-laws or any duly promulgated rules the interstate

commission may impose any or all of the following penalties:

1. Fines, fees and costs in such amounts as are deemed to be

reasonable as fixed by the interstate commission;

2. Remedial training and technical assistance as directed by the

interstate commission;

3. Suspension and termination of membership in the compact. Suspension

shall be imposed only after all other reasonable means of securing

compliance under the by-laws and rules have been exhausted. Immediate

notice of suspension shall be given by the interstate commission to the

governor, the chief justice or 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, interstate commission by-laws, or duly

promulgated rules. The interstate commission shall immediately notify

the defaulting state in writing of the penalty imposed by the interstate

commission on the defaulting state pending a cure of the default. The

interstate 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 interstate commission, in addition to any other

penalties imposed herein, the defaulting state may 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 suspension. Within sixty

days of the effective date of termination of a defaulting state, the

interstate 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.

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.

The interstate commission shall not bear any costs relating to the

defaulting state unless otherwise mutually agreed upon between the

interstate commission and the defaulting state.

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 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.

(d) Dissolution of compact. 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.

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 wound up and any surplus

funds shall be distributed in accordance with the by-laws.

ARTICLE XIII

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.

The provisions of this compact shall be liberally constructed to

effectuate its purposes.

ARTICLE XIV

BINDING EFFECT OF COMPACT AND OTHER LAWS

(a) Other laws. Nothing in this compact prevents the enforcement of

any other law of a compacting state that is not inconsistent with this

compact.

All compacting states' laws conflicting with this compact are

superseded to the extent of the conflict.

(b) Binding effect of the compact. All lawful actions of the

interstate commission, including all rules and by-laws promulgated by

the interstate commission, are binding upon the compacting states.

All agreements between the interstate commission and the compacting

states are binding in accordance with their terms.

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.

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.

* NB Repealed September 1, 2027