N.Y. Executive Law § 501-e: Interstate compact for juveniles

* § 501-e. Interstate compact for juveniles. The interstate compact

for juveniles is hereby enacted into law and entered into with all other

jurisdictions legally joining therein in a form substantially as

follows:

THE INTERSTATE COMPACT FOR JUVENILES

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. 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

noncompliance;

L. coordinate training and education regarding the regulation of

interstate movement of juveniles for officials involved in such

activity; and

M. coordinate the implementation and operation of the compact with the

interstate compact for the placement of children, the interstate compact

for adult offender supervision and other compacts affecting juveniles

particularly in those cases where concurrent or overlapping supervision

issues arise.

It is the policy of the compacting states that the activities

conducted by the interstate commission created herein are the 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:

A. "Bylaws" means those bylaws established by the interstate

commission for its governance, or for directing or controlling its

actions or conduct;

B. "Compact administrator" means the individual in each compacting

state appointed pursuant to the terms of this compact, responsible for

the administration and management of the state's supervision and

transfer of juveniles subject to the terms of this compact, the rules

adopted by the interstate commission and policies adopted by the state

council under this compact;

C. "Compacting state" means any state which has enacted the enabling

legislation for this compact;

D. "Commissioner" means the voting representative of each compacting

state appointed pursuant to article III of this compact;

E. "Court" means any court having jurisdiction over delinquent,

neglected, or dependent children;

F. "Deputy compact administrator" means the individual, if any, in

each compacting state appointed to act on behalf of a compact

administrator pursuant to the terms of this compact responsible for the

administration and management of the state's supervision and transfer of

juveniles subject to the terms of this compact, the rules adopted by the

interstate commission and policies adopted by the state council under

this compact;

G. "Interstate commission" means the interstate commission for

juveniles created by article III of this compact;

H. "Juvenile" means any person defined as a juvenile in any member

state or by the rules of the interstate commission, including any:

1. "accused delinquent" which means a person charged with an offense

that, if committed by an adult, would be a criminal offense;

2. "adjudicated delinquent" which means a person found to have

committed an offense that, if committed by an adult, would be a criminal

offense;

3. "accused status offender" which means a person charged with an

offense that would not be a criminal offense if committed by an adult;

4. "adjudicated status offender" which means a person found to have

committed an offense that would not be a criminal offense if committed

by an adult; and

5. "non-offender" which means a person in need of supervision who has

not been accused or adjudicated a status offender or delinquent;

I. "Non-compacting state" means any state which has not enacted the

enabling legislation for this compact;

J. "Probation" or "parole" means any kind of supervision or

conditional release of juveniles authorized under the laws of the

compacting states;

K. "Rule" means a written statement by the interstate commission

promulgated pursuant to article VI of this compact that is of general

applicability, implements, interprets or prescribes a policy or

provision of the compact, or an organizational, procedural, or practical

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; and

L. "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 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 bylaws 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 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; administer enforcement and compliance with the provisions of the

compact, its bylaws and rules, and perform such other duties as directed

by the interstate commission or set forth in the bylaws.

G. Each member of the interstate commission shall have the right and

power to cast a vote to which that compacting state is entitled and to

participate in the business and affairs of the interstate commission. A

member shall vote in person and shall not delegate a vote to another

compacting state. However, a commissioner, in consultation with the

state council, shall appoint another authorized representative, in the

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

the compacting state at a specified meeting. The bylaws may provide for

members' participation in meetings by telephone or other means of

telecommunication or electronic communication.

H. The interstate commission's bylaws shall establish conditions and

procedures under which the interstate commission shall make its

information and official records available to the public for inspection

or copying. The interstate commission may exempt from disclosure any

information or official records to the extent they would adversely

affect personal privacy rights or proprietary interests.

I. Public notice shall be given of all meetings and all meetings shall

be open to the public, except as set forth in the rules or as otherwise

provided in the compact. The interstate commission and any of its

committees may close a meeting to the public where it determines by

two-thirds vote that an open meeting would be likely to:

1. relate solely to the interstate commission's internal personnel

practices and procedures;

2. disclose matters specifically exempted from disclosure by statute;

3. disclose trade secrets or commercial or financial information which

is privileged or confidential;

4. involve accusing any person of a crime, or formally censuring any

person;

5. disclose information of a personal nature where disclosure would

constitute a clearly unwarranted invasion of personal privacy;

6. disclose investigative records compiled for law enforcement

purposes;

7. disclose information contained in or related to examination,

operating or condition reports prepared by, or on behalf of or for the

use of, the interstate commission with respect to a regulated person or

entity for the purpose of regulation or supervision of such person or

entity;

8. disclose information, the premature disclosure of which would

significantly endanger the stability of a regulated person or entity; 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 therefor, 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:

A. To provide for dispute resolution among compacting states;

B. 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;

C. 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;

D. 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;

E. To establish and maintain offices which shall be located within one

or more of the compacting states;

F. To purchase and maintain insurance and bonds;

G. To borrow, accept, hire or contract for services of personnel;

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 hereunder;

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, inter alia,

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 it;

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 VIII of this compact;

N. To sue and be sued;

O. To adopt a seal and bylaws governing the management and operation

of the interstate commission;

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 juveniles for officials involved in such

activity;

S. To establish uniform standards of the reporting, collecting and

exchanging of data; and

T. 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 months after the first interstate commission

meeting, adopt bylaws to govern its conduct as may be necessary or

appropriate to carry out the purposes of the compact, including, but not

limited to:

a. establishing the fiscal year of the interstate commission;

b. establishing an executive committee and such other committees as

may be necessary;

c. providing for the establishment of committees governing any general

or specific delegation of any authority or function of the interstate

commission;

d. providing reasonable procedures for calling and conducting meetings

of the interstate commission, and ensuring reasonable notice of each

such meeting;

e. establishing the titles and responsibilities of the officers of the

interstate commission;

f. providing a mechanism for concluding the operations of the

interstate commission and the return of any surplus funds that may exist

upon the termination of the compact after the payment and/or reserving

of all of its debts and obligations;

g. providing "start-up" rules for initial administration of the

compact; and

h. 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 interstate 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 interstate 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 subdivision 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 acts, as

the interstate commission deems appropriate, consistent with due process

requirements under the United States Constitution as now or hereafter

interpreted by the United States supreme court. All rules and amendments

shall become binding as of the date specified, as published with the

final version of the rules as approved by the interstate commission.

C. When promulgating a rule, the interstate commission shall, at a

minimum:

1. publish the proposed rule's entire text stating the reason or

reasons 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

or more persons;

4. promulgate a final rule and its effective date, if appropriate,

based on input from state or local officials, or interested parties; and

5. 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 subdivision, evidence is substantial if it would be considered

substantial evidence under the model state administrative procedures

act.

D. 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 such rule to have no

further force and effect in any compacting state.

E. The existing rules governing the operation of the interstate

compact on juveniles superseded by this act shall be null and void

twelve months after the first meeting of the interstate commission

created hereunder.

F. 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 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 non-compacting 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 non-compacting 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 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 Marianas 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 of the

states. The initial effective date shall be the later of July first, two

thousand four or upon enactment into law by the thirty-fifth

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 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 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 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

attorney's fees.

D. Dissolution of compact.

1. The compact dissolves effective upon the date of the withdrawal or

default of any compacting state, which reduces membership in the compact

to one compacting state.

2. Upon the dissolution of this compact, the compact becomes null and

void and shall be of no further force or effect, and the business and

affairs of the interstate commission shall be concluded and any surplus

funds shall be distributed in accordance with the bylaws.

ARTICLE XII

SEVERABILITY AND CONSTRUCTION

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.

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.

* NB Repealed September 1, 2030