{"data":{"id":"us-ky/krs-615.010","jurisdiction":"us-ky","citation":"KRS 615.010","heading":"Interstate Compact for Juveniles -- Purpose -- Definitions -- Commission --","body":"Powers -- Organization, rulemaking, enforcement -- Enactment by states --\nWithdrawal.\nARTICLE I\nPURPOSE\nThe compacting states to this Interstate Compact recognize that ea ch state is responsible\nfor the proper supervision or return of juveniles, delinquents and status offenders who are\non probation or parole and who have absconded, escaped or run away from supervision\nand control and in so doing have endangered their own sa fety and the safety of others.\nThe compacting states also recognize that each state is responsible for the safe return of\njuveniles who have run away from home and in doing so have left their state of residence.\nThe compacting states also recognize that Congress, by enacting the Crime Control Act, 4\nU.S.C. sec. 112 (1965), has authorized and encouraged compacts for cooperative efforts\nand mutual assistance in the prevention of crime.\nIt is the purpose of this compact, through means of joint and cooperative action among\nthe compacting states to:\n(1) Ensure that the adjudicated juveniles and status offenders subject to this compact\nare provided adequate supervision and services in the receiving state as ordered by\nthe adjudicating judge or parole authority in the sending state;\n(2) Ensure that the public safety interests of the citizens, including the victims of\njuvenile offenders, in both the sending and receiving states are adequately protected;\n(3) Return juveniles who have run away, absconded or escaped fro m supervision or\ncontrol or have been accused of an offense to the state requesting their return;\n(4) Make contracts for the cooperative institutionalization in public facilities in member\nstates for delinquent youth needing special services;\n(5) Provide for the effective tracking and supervision of juveniles;\n(6) Equitably allocate the costs, benefits, and obligations of the compacting states;\n(7) Establish procedures to manage the movement between states of juvenile offenders\nreleased to the community under the jurisdiction of courts, juvenile departments, or\nany other criminal or juvenile justice agency which has jurisdiction over juvenile\noffenders;\n(8) Ensure immediate notice to jurisdictions where defined offenders are authorized to\ntravel or to relocate across state lines;\n(9) Establish procedures to resolve pending charges (detainers) against juvenile\noffenders prior to transfer or release to the community under the terms of this\ncompact;\n(10) Establish a system of uniform data collection on information pertaining to juveniles\nsubject to this compact that allows access by authorized juvenile justice and\ncriminal justice officials, and regular reporting of compact activities to heads of\nstate executive, judicial, and legislative branches and juvenile and criminal justice\nadministrators;\n(11) Monitor compliance with rules governing interstate movement of juveniles and\ninitiate interventions to address and correct noncompliance;\n(12) Coordinate training and education regarding the regulation of interstate movement\nof juveniles for officials involved in such activity; and\n(13) Coordinate the implementation and operation of the compact with the Interstate\nCompact for the Placement of Children, the Inte rstate Compact for Adult Offender\nSupervision and other compacts affecting juveniles, particularly in those cases\nwhere concurrent or overlapping supervision issues arise. It is the policy of the\ncompacting states that the activities conducted by the Interstate Commission created\nherein are the formation of public policies and therefore are public business.\nFurthermore, the compacting states shall cooperate and observe their individual and\ncollective duties and responsibilities for the prompt return and acc eptance of\njuveniles subject to the provisions of this compact. The provisions of this compact\nshall be reasonably and liberally construed to accomplish the purposes and policies\nof the compact.\nARTICLE II\nDEFINITIONS\nAs used in this compact, unless the context clearly requires a different construction:\n(1) \"By-laws\" means those by -laws established by the Interstate Commission for its\ngovernance, or for directing or controlling its actions or conduct.\n(2) \"Compact administrator\" means the individual in each  compacting state appointed\npursuant to the terms of this compact, responsible for the administration and\nmanagement of the state's supervision and transfer of juveniles subject to the terms\nof this compact, the rules adopted by the Interstate Commission a nd policies\nadopted by the State Council under this compact.\n(3) \"Compacting state\" means any state which has enacted the enabling legislation for\nthis compact.\n(4) \"Commissioner\" means the voting representative of each compacting state\nappointed pursuant to Article III of this compact.\n(5) \"Court\" means any court having jurisdiction over delinquent, neglected, or\ndependent children.\n(6) \"Deputy compact administrator\" means the individual, if any, in each compacting\nstate appointed to act on behalf of a Compact Administrator pursuant to the terms of\nthis compact responsible for the administration and management of the state's\nsupervision and transfer of juveniles subject to the terms of this compact.\n(7) \"Interstate Commission\" means the Interstate Commissio n for Juveniles created by\nArticle III of this compact.\n(8) \"Juvenile\" means any person defined as a juvenile in any member state or by the\nrules of the Interstate Commission, including:\n(a) Accused delinquent - a person charged with an offense that, if co mmitted by\nan adult, would be a criminal offense;\n(b) Adjudicated delinquent - a person found to have committed an offense that, if\ncommitted by an adult, would be a criminal offense;\n(c) Accused status offender - a person charged with an offense that woul d not be\na criminal offense if committed by an adult;\n(d) Adjudicated status offender - a person found to have committed an offense\nthat would not be a criminal offense if committed by an adult; and\n(e) Non-offender - a person in need of supervision who ha s not been accused or\nadjudicated a status offender or delinquent.\n(9) \"Noncompacting state\" means any state which has not enacted the enabling\nlegislation for this compact.\n(10) \"Probation or Parole\" means any kind of supervision or conditional release of\njuveniles authorized under the law of the compacting states.\n(11) \"Rule\" means a written statement by the Interstate Commission promulgated\npursuant to Article VI of this compact that is of general applicability, implements,\ninterprets or prescribes a pol icy or provision of the compact, or an organizational,\nprocedural, or practice requirement of the Commission, and has the force and effect\nof statutory law in a compacting state, and includes the amendment, repeal, or\nsuspension of an existing rule.\n(12) \"State\" means a state of the United States, the District of Columbia or its designee,\nthe Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American\nSamoa, and the Northern Marianas Islands.\nARTICLE III\nINTERSTATE COMMISSION FOR JUVENILES\n(1) The compacting states hereby create the \"Interstate Commission for Juveniles.\" The\ncommission shall be a body corporate and joint agency of the compacting states.\nThe commission shall have all the responsibilities, powers and duties set forth\nherein, and such additional powers as may be conferred upon it by subsequent\naction of the respective legislatures of the compacting states in accordance with the\nterms of this compact.\n(2) The Interstate Commission shall consist of commissioners appointed by the\nappropriate appointing authority in each state pursuant to the rules and requirements\nof each compacting state and in consultation with the State Council for Interstate\nJuvenile Supervision created hereunder. The commissioner shall be the compact\nadministrator, deputy compact administrator or designee from that state who shall\nserve on the Interstate Commission in such capacity under or pursuant to the\napplicable law of the compacting state.\n(3) In addition to the commissioners who are the voting representatives of each state,\nthe Interstate Commission shall include individuals who are not commissioners, but\nwho are members of interested organizations. Such noncommissioner members\nmust include a member of the national organizations of governors, legislators, state\nchief justices, attorneys general, Interstate Compact for Adult Offender Supervision,\nInterstate Compact for the Placement of Children, juvenile justice and juvenile\ncorrections officials, and crime victims. All noncommissioner members of the\nInterstate Commission shall be ex officio nonvoting members. The Interstate\nCommission may provide in its by-laws for such additional ex officio nonvoting\nmembers, including members of other national organizations, in such numbers as\nshall be determined by the commission.\n(4) Each compacting state represented at any meeting of the commission is entitled to\none (1) vote. A majority of the compacting states shall constitute a quorum for the\ntransactions of business, unless a larger quorum is required by the by-laws of the\nInterstate Commission.\n(5) The commission shall meet at least once each calendar year. The chairperson may\ncall additional meetings and, upon the request of a simple majority of the\ncompacting states, shall call additional meetings. Public notice shall be given of all\nmeetings and meetings shall be open to the public.\n(6) The Interstate Commission shall establish an executive committee, which shall\ninclude commission officers, members, and others as determined by the by-laws.\nThe executive committee shall have the power to act on behalf of the Interstate\nCommission during periods when the Interstate Commission is not in session, with\nthe exceptions of rulemaking and amendment to the compact. The executive\ncommittee shall oversee the day-to-day activities of the administration of the\ncompact managed by an executive director and Interstate Commission staff;\nadminister enforcement and compliance with the provisions of the compact, its by-\nlaws, and rules; and perform such other duties as directed by the Interstate\nCommission or set forth in the by-laws.\n(7) Each member of the Interstate Commission shall have the right and power to cast a\nvote to which that compacting state is entitled and to participate in the business and\naffairs of the Interstate Commission. A member shall vote in person and shall not\ndelegate a vote to another compacting state. However, a commissioner, in\nconsultation with the state council, shall appoint another authorized representative,\nin the absence of the commissioner from that state, to cast a vote on behalf of the\ncompacting state at a specified meeting. The by-laws may provide for members'\nparticipation in meetings by telephone or other means of telecommunication or\nelectronic communication.\n(8) The Interstate Commission's by-laws shall establish conditions and procedures\nunder which the Interstate Commission shall make its information and official\nrecords available to the public for inspection or copying. The Interstate Commission\nmay exempt from disclosure any information or official records to the extent they\nwould adversely affect personal privacy rights or proprietary interests.\n(9) Public notice shall be given of all meetings and all meetings shall be open to the\npublic, except as set forth in the rules or as otherwise provided in the compact. The\nInterstate Commission and any of its committees may close a meeting to the public\nwhere it determines by two-thirds (2/3) vote that an open meeting would be likely\nto:\n(a) Relate solely to the Interstate Commission's internal personnel pr actices and\nprocedures;\n(b) Disclose matters specifically exempted from disclosure by statute;\n(c) Disclose trade secrets or commercial or financial information which is\nprivileged or confidential;\n(d) Involve accusing any person of a crime, or formally censuring any person;\n(e) Disclose information of a personal nature where disclosure would constitute a\nclearly unwarranted invasion of personal privacy;\n(f) Disclose investigative records compiled for law enforcement purposes;\n(g) Disclose information conta ined in or related to examination, operating, or\ncondition reports prepared by, or on behalf of or for the use of, the Interstate\nCommission with respect to a regulated person or entity for the purpose of\nregulation or supervision of such person or entity;\n(h) Disclose information, the premature disclosure of which would significantly\nendanger the stability of a regulated person or entity; or\n(i) Specifically relate to the Interstate Commission's issuance of a subpoena, or\nits participation in a civil action or other legal proceeding.\n(10) For every meeting closed pursuant to this provision, the Interstate Commission's\nlegal counsel shall publicly certify that, in the legal counsel's opinion, the meeting\nmay be closed to the public, and shall reference each relevant exemptive provision.\nThe Interstate Commission shall keep minutes which shall fully and clearly describe\nall matters discussed in any meeting and shall provide a full and accurate summary\nof any actions taken, and the reasons therefore, including a description of each of\nthe views expressed on any item and the record of any roll call vote (reflected in the\nvote of each member on the question). All documents considered in connection with\nany action shall be identified in such minutes.\n(11) The Interstate Commission shall collect standardized data concerning the interstate\nmovement of juveniles as directed through its rules which shall specify the data to\nbe collected, the means of collection, and data exchange and reporting\nrequirements. Such methods  of data collection, exchange, and reporting shall\ninsofar as is reasonably possible conform to up -to-date technology and coordinate\nits information functions with the appropriate repository of records.\nARTICLE IV\nPOWERS AND DUTIES OF THE INTERSTATE COMMISSION\nThe commission shall have the following powers and duties:\n(1) To provide for dispute resolution among compacting states.\n(2) To promulgate rules to effect the purposes and obligations a s enumerated in this\ncompact, which shall have the force and effect of statutory law and shall be binding\nin the compacting states to the extent and in the manner provided in this compact.\n(3) To oversee, supervise, and coordinate the interstate movement o f juveniles subject\nto the terms of this compact and any by -laws adopted and rules promulgated by the\nInterstate Commission.\n(4) To enforce compliance with the compact provisions, the rules promulgated by the\nInterstate Commission, and the by -laws, using a ll necessary and proper means,\nincluding but not limited to the use of judicial process.\n(5) To establish and maintain offices which shall be located within one (1) or more of\nthe compacting states.\n(6) To purchase and maintain insurance and bonds.\n(7) To borrow, accept, hire, or contract for services of personnel.\n(8) To establish and appoint committees and hire staff which it deems necessary for the\ncarrying out of its functions, including but not limited to an executive committee as\nrequired by Article III, which shall have the power to act on behalf of the Interstate\nCommission in carrying out its powers and duties hereunder.\n(9) To elect or appoint such officers, attorneys, employees, agents, or consultants, and\nto fix their compensation, define their duties, and determine their qualifications; and\nto establish the Interstate Commission's personnel policies and programs relating to,\ninter alia, conflicts of interest, rates of compensation, and qualifications of\npersonnel.\n(10) To accept any and all donat ions and grants of money, equipment, supplies,\nmaterials, and services, and to receive, utilize, and dispose of it.\n(11) To lease, purchase, accept contributions or donations of, or otherwise to own, hold,\nimprove, or use any property, real, personal, or mixed.\n(12) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose\nof any property, real, personal, or mixed.\n(13) To establish a budget and make expenditures and levy dues as provided in Article\nVIII of this compact.\n(14) To sue and be sued.\n(15) To adopt a seal and by -laws governing the management and operation of the\nInterstate Commission.\n(16) To perform such functions as may be necessary or appropriate to achieve the\npurposes of this compact.\n(17) To report annually to the legislatures, governors, judiciary, and state councils of the\ncompacting states concerning the activities of the Interstate Commission during the\npreceding year. Such reports shall also include any recommendations that may have\nbeen adopted by the Interstate Commission.\n(18) To coordinate education, training, and public awareness regarding the interstate\nmovement of juveniles for officials involved in such activity.\n(19) To establish uniform standards of the reporting, collecting, and exchanging of data.\n(20) The Interstate Commission shall maintain its corporate books and records in\naccordance with the by-laws.\nARTICLE V\nORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION\nSection A. By-laws\n(1) The Interstate Commission shall, by a majority of the members present and voting,\nwithin twelve (12) months after the first Interstate Commission meeting, adopt by-\nlaws to govern its conduct as may be necessary or appropriate to carry out the\npurposes of the compact, including but not limited to:\n(a) Establishing the fiscal year of the Interstate Commission;\n(b) Establishing an executive committee and such other committees as may be\nnecessary;\n(c) Provide for the establishment of committees governing any general or specific\ndelegation of any authority or function of the Interstate Commission;\n(d) Providing reasonable procedures for calling and conducting meetings of the\nInterstate Commission, and ensuring reasonable notice of each such meeting;\n(e) Establishing the titles and responsibilities of the officers of the Interstate\nCommission;\n(f) Providing a mechanism for concluding the operations of the Interstate\nCommission and the return of any surplus  funds that may exist upon the\ntermination of the compact after the payment or reserving of all of its debts\nand obligations;\n(g) Providing \"start-up\" rules for initial administration of the compact; and\n(h) Establishing standards and procedures for compliance and technical assistance\nin carrying out the compact.\nSection B. Officers and Staff\n(1) The Interstate Commission shall, by a majority of the members, elect annually from\namong its members a chairperson and a vice chairperson, each of whom shall have\nsuch authority and duties as may be specified in the by -laws. The chairperson or, in\nthe chairperson's absence or disability, the vice -chairperson shall preside at all\nmeetings of the Interstate Commission. The officers so elected shall serve without\ncompensation or remuneration from the Interstate Commission; provided that,\nsubject to the availability of budgeted funds, the officers shall be reimbursed for any\nordinary and necessary costs and expenses incurred by them in the performance of\ntheir duties and responsibilities as officers of the Interstate Commission.\n(2) The Interstate Commission shall, through its executive committee, appoint or retain\nan executive director for such period, upon such terms and conditions and for\ncompensation as the Interstate  Commission may deem appropriate. The executive\ndirector shall serve as secretary to the Interstate Commission, but shall not be a\nmember and shall hire and supervise such other staff as may be authorized by the\nInterstate Commission.\nSection C. Qualified Immunity, Defense, and Indemnification\n(1) The Commission's executive director and employees shall be immune from suit and\nliability, either personally or in their official capacity, for any claim for damage to\nor loss of property or personal injury or oth er civil liability caused or arising out of\nor relating to any actual or alleged act, error, or omission that occurred, or that such\nperson had a reasonable basis for believing occurred within the scope of\nCommission employment, duties, or responsibilities; provided, that any such person\nshall not be protected from suit or liability for any damage, loss, injury, or liability\ncaused by the intentional or willful and wanton misconduct of any such person.\n(2) The liability of any commissioner, or the employee or agent of a commissioner,\nacting within the scope of such person's employment or duties for acts, errors, or\nomissions occurring within such person's state may not exceed the limits of liability\nset forth under the Constitution and laws of that state for  state officials, employees,\nand agents. Nothing in this subsection shall be construed to protect any such person\nfrom suit or liability for any damage, loss, injury, or liability caused by the\nintentional or willful and wanton misconduct of any such person.\n(3) The Interstate Commission shall defend the executive director or the employees or\nrepresentatives of the Interstate Commission and, subject to the approval of the\nAttorney General of the state represented by any commissioner of a compacting\nstate, s hall defend such commissioner or the commissioner's representatives or\nemployees in any civil action seeking to impose liability arising out of any actual or\nalleged act, error, or omission that occurred within the scope of Interstate\nCommission employment , duties, or responsibilities, or that the defendant had a\nreasonable basis for believing occurred within the scope of Interstate Commission\nemployment, duties, or responsibilities, provided that the actual or alleged act, error,\nor omission did not result  from intentional or willful and wanton misconduct on the\npart of such person.\n(4) The Interstate Commission shall indemnify and hold the commissioner of a\ncompacting state, or the commissioner's representatives or employees, or the\nInterstate Commission's  representatives or employees, harmless in the amount of\nany settlement or judgment obtained against such persons arising out of any actual\nor alleged act, error, or omission that occurred within the scope of Interstate\nCommission employment, duties, or re sponsibilities, or that such persons had a\nreasonable basis for believing occurred within the scope of Interstate Commission\nemployment, duties, or responsibilities, provided that the actual or alleged act, error,\nor omission did not result from intentiona l or willful and wanton misconduct on the\npart of such persons.\nARTICLE VI\nRULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION\n(1) The Interstate Commission shall promulgate and publish rules in order to effectively\nand efficiently achieve the purposes of the compact.\n(2) Rulemaking shall occur pursuant to the criteria set forth in this article and the by -\nlaws and rules adopted pursuant thereto. Such rulemaking shall substantially\nconform to the principles of the \"Model State Administrative Procedures Act,\" 1981\nAct, Uniform Laws Annotated, Vol. 15, p. 1 (2000), or such other administrative\nprocedures act, as the Interstate Commission deems appropriate consistent with due\nprocess requirements under the Constitution of the United States, as now or\nhereafter interpreted by the United States Supreme Court. All rules and amendments\nshall become binding as of the date specified, as published with the final version of\nthe rule as approved by the Interstate Commission.\n(3) When promulgating a rule, the Interstate Commission shall, at a minimum:\n(a) Publish the proposed rule's entire text stating the reasons for that proposed\nrule;\n(b) Allow and invite any and all persons to submit written data, facts, opinions,\nand arguments, which information shall be added to the rec ord and be made\npublicly available;\n(c) Provide an opportunity for an informal hearing if petitioned by ten (10) or\nmore persons; and\n(d) Promulgate a final rule and its effective date, if appropriate, based on input\nfrom state or local officials, or interested parties.\n(4) Allow, not later than sixty (60) days after a rule is promulgated, any interested\nperson to file a petition in the United States District Court for the District of\nColumbia or in the Federal District Court where the Interstate Commission 's\nprincipal office is located for judicial review of such rule. If the court finds that the\nInterstate Commission's action is not supported by substantial evidence in the\nrulemaking record, the court shall hold the rule unlawful and set it aside. For\npurposes of this subsection, evidence is substantial if it would be considered\nsubstantial evidence under the Model State Administrative Procedures Act.\n(5) If a majority of the legislatures of the compacting states rejects a rule, those states\nmay, by enactment of a statute or resolution in the same manner used to adopt the\ncompact, cause that such rule shall have no further force and effect in any\ncompacting state.\n(6) The existing rules governing the operation of the Interstate Compact on Juveniles\nsuperseded by this compact shall be null and void twelve (12) months after the first\nmeeting of the Interstate Commission created hereunder.\n(7) Upon determination by the Int erstate Commission that a state -of-emergency exists,\nit may promulgate an emergency rule which shall become effective immediately\nupon adoption, provided that the usual rulemaking procedures provided hereunder\nshall be retroactively applied to said rule as soon as reasonably possible, but no later\nthan ninety (90) days after the effective date of the emergency rule.\nARTICLE VII\nOVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY THE\nINTERSTATE COMMISSION\nSection A. Oversight\n(1) The Interstate Commission shall oversee the administration and operations of the\ninterstate movement of juveniles subject to this compact in the compacting states\nand shall monitor such activities being administered in noncompacting states which\nmay significantly affect compacting states.\n(2) The courts and executive agencies in each compacting state shall enforce this\ncompact and shall take all actions necessary and appropriate to effectuate the\ncompact's purposes and intent. The provisions of this compact and the rules\npromulgated hereunder shall be received by all the judges, public officers,\ncommissions, and departments of the state government as evidence of the\nauthorized statute and administrative rules. All courts shall take judicial notice of\nthe compact and the rules. In any judicial or administrative proceeding in a\ncompacting state pertaining to the subject matter of this compact which may affect\nthe powers, responsibilities, or actions of the Interstate Commission, it shall be\nentitled to receive all service of process in any such proceeding, and shall have\nstanding to intervene in the proceeding for all purposes.\nSection B. Dispute Resolution\n(1) The compacting states shall report to the Interstate Commission on all issues and\nactivities necessary for the administration of the  compact, as well as issues and\nactivities pertaining to compliance with the provisions of the compact and its by -\nlaws and rules.\n(2) The Interstate Commission shall attempt, upon the request of a compacting state, to\nresolve any disputes or other issues w hich are subject to the compact and which\nmay arise among compacting states and between compacting and noncompacting\nstates. The commission shall promulgate a rule providing for both mediation and\nbinding dispute resolution for disputes among the compacting states.\n(3) The Interstate Commission, in the reasonable exercise of its discretion, shall enforce\nthe provisions and rules of this compact using any or all means set forth in Article\nXI of this compact.\nARTICLE VIII\nFINANCE\n(1) The Interstate Commission  shall pay or provide for the payment of the reasonable\nexpenses of its establishment, organization, and ongoing activities.\n(2) The Interstate Commission shall levy on and collect an annual assessment from\neach compacting state to cover the costs of the i nternal operations and activities of\nthe Interstate Commission and its staff, which must be in a total amount sufficient\nto cover the Interstate Commission's annual budget as approved each year. The\naggregate annual assessment amount shall be allocated bas ed upon a formula to be\ndetermined by the Interstate Commission, taking into consideration the population\nof each compacting state and the volume of interstate movement of juveniles in\neach compacting state and shall promulgate a rule binding upon all comp acting\nstates which governs said assessment.\n(3) The Interstate Commission shall not incur any obligations of any kind prior to\nsecuring the funds adequate to meet the same; nor shall the Interstate Commission\npledge the credit of any of the compacting sta tes, except by and with the authority\nof the compacting state.\n(4) The Interstate Commission shall keep accurate accounts of all receipts and\ndisbursements. The receipts and disbursements of the Interstate Commission shall\nbe subject to the audit and accou nting procedures established under its by -laws.\nHowever, all receipts and disbursements of funds handled by the Interstate\nCommission shall be audited yearly by a certified or licensed public accountant and\nthe report of the audit shall be included in and become part of the annual report of\nthe Interstate Commission.\nARTICLE IX\nTHE STATE COUNCIL\nEach member state shall create a State Council for Interstate Juvenile Supervision. While\neach state may determine the membership of its own state council, its memb ership shall\ninclude at least one (1) representative from:\n(1) The legislative branch of government;\n(2) The judicial branch of government;\n(3) The executive branch of government;\n(4) Victims groups;\n(5) The Department of Public Advocacy;\n(6) The Kentucky Association of Criminal Defense Lawyers;\n(7) The County Attorneys Association;\n(8) The Commonwealth's Attorneys Association; and\n(9) The compact administrator, deputy compact administrator, or designee.\nEach compacting state ret ains the right to determine the qualifications of the compact\nadministrator or deputy compact administrator. Each state council will advise and may\nexercise oversight and advocacy concerning that state's participation in Interstate\nCommission activities and other duties as may be determined by that state, including but\nnot limited to development of policy concerning operations and procedures of the\ncompact within that state.\nARTICLE X\nCOMPACTING STATES, EFFECTIVE DATE AND AMENDMENT\n(1) Any state, the Distri ct of Columbia or its designee, the Commonwealth of Puerto\nRico, the U.S. Virgin Islands, Guam, American Samoa, and the Northern Marianas\nIslands as defined in Article II of this compact is eligible to become a compacting\nstate.\n(2) The compact shall becom e effective and binding upon legislative enactment of the\ncompact into law by no less than thirty -five (35) of the states. The initial effective\ndate shall be the later of July 1, 2006, or upon enactment into law by the thirty -fifth\njurisdiction. Thereafte r, it shall become effective and binding as to any other\ncompacting state upon enactment of the compact into law by that state. The\ngovernors of nonmember states or their designees shall be invited to participate in\nthe activities of the Interstate Commission on a nonvoting basis prior to adoption of\nthe compact by all states and territories of the United States.\n(3) The Interstate Commission may propose amendments to the compact for enactment\nby the compacting states. No amendment shall become effective an d binding upon\nthe Interstate Commission and the compacting states unless and until it is enacted\ninto law by unanimous consent of the compacting states.\nARTICLE XI\nWITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT\nSection A. Withdrawal\n(1) Once effective, the compact shall continue in force and remain binding upon each\nand every compacting state; provided that a compacting state may withdraw from\nthe compact by specifically repealing the statute which enacted the compact into\nlaw.\n(2) The effective date of withdrawal is the effective date of the repeal.\n(3) The withdrawing state shall immediately notify the chairperson of the Interstate\nCommission in writing upon the introduction of legislation repealing this compact\nin the withdrawing state. The I nterstate Commission shall notify the other\ncompacting states of the withdrawing state's intent to withdraw within sixty (60)\ndays of its receipt thereof.\n(4) The withdrawing state is responsible for all assessments, obligations, and liabilities\nincurred t hrough the effective date of withdrawal, including any obligations, the\nperformance of which extend beyond the effective date of withdrawal.\n(5) Reinstatement following withdrawal of any compacting state shall occur upon the\nwithdrawing state reenacting the compact, or upon such later date as determined by\nthe Interstate Commission.\nSection B. Technical Assistance, Fines, Suspension, Termination, and Default\n(1) If the Interstate Commission determines that any compacting state has at any time\ndefaulted in t he performance of any of its obligations or responsibilities under this\ncompact, or the by -laws or duly promulgated rules, the Interstate Commission may\nimpose any or all of the following penalties:\n(a) Remedial training and technical assistance as directe d by the Interstate\nCommission;\n(b) Alternative Dispute Resolution;\n(c) Fines, fees, and costs in amounts as are deemed to be reasonable as fixed by\nthe Interstate Commission; and\n(d) Suspension or termination of membership in the compact, which shall be\nimposed only after all other reasonable means of securing compliance under\nthe by-laws and rules have been exhausted and the Interstate Commission has\ntherefore determined that the offending state is in default. Immediate notice of\nsuspension shall be given  by the Interstate Commission to the Governor, the\nChief Justice or the Chief Judicial Officer of the state, the majority and\nminority leaders of the defaulting state's legislature, and the state council. The\ngrounds for default include, but are not limite d to, failure of a compacting\nstate to perform such obligations or responsibilities imposed upon it by this\ncompact, the by -laws, or duly promulgated rules and any other grounds\ndesignated in commission by-laws and rules. The Interstate Commission shall\nimmediately notify the defaulting state in writing of the penalty imposed by\nthe Interstate Commission and of the default pending a cure of the default.\nThe commission shall stipulate the conditions and the time period within\nwhich the defaulting state must cure its default. If the defaulting state fails to\ncure the default within the time period specified by the commission, the\ndefaulting state shall be terminated from the compact upon an affirmative vote\nof a majority of the compacting states and all rights , privileges, and benefits\nconferred by this compact shall be terminated from the effective date of\ntermination.\n(2) Within sixty (60) days of the effective date of termination of a defaulting state, the\ncommission shall notify the Governor, the Chief Just ice or Chief Judicial Officer,\nthe Majority and Minority Leaders of the defaulting state's legislature, and the state\ncouncil of such termination.\n(3) The defaulting state is responsible for all assessments, obligations, and liabilities\nincurred through th e effective date of termination, including any obligations, the\nperformance of which extends beyond the effective date of termination.\n(4) The Interstate Commission shall not bear any costs relating to the defaulting state\nunless otherwise mutually agreed upon in writing between the Interstate\nCommission and the defaulting state.\n(5) Reinstatement following termination of any compacting state  requires both a\nreenactment of the compact by the defaulting state and the approval of the Interstate\nCommission pursuant to the rules.\nSection C. Judicial Enforcement\nThe Interstate Commission may, by majority vote of the members, initiate legal action i n\nthe United States District Court for the District of Columbia or, at the discretion of the\nInterstate Commission, in the federal district where the Interstate Commission has its\noffices, to enforce compliance with the provisions of the compact, its duly promulgated\nrules and by -laws, against any compacting state in default. In the event judicial\nenforcement is necessary the prevailing party shall be awarded all costs of such litigation\nincluding reasonable attorneys fees.\nSection D. Dissolution of Compact\n(1) The compact dissolves effective upon the date of the withdrawal or default of the\ncompacting state, which reduces membership in the compact to one (1) compacting\nstate.\n(2) Upon the dissolution of this compact, the compact becomes null and void and sh all\nbe of no further force or effect, and the business and affairs of the Interstate\nCommission shall be concluded and any surplus funds shall be distributed in\naccordance with the by-laws.\nARTICLE XII\nSEVERABILITY AND CONSTRUCTION\n(1) The provisions of this compact shall be severable, and if any phrase, clause,\nsentence, or provision is deemed unenforceable, the remaining provisions of the\ncompact shall be enforceable.\n(2) The provisions of this compact shall be liberally construed to effectuate its\npurposes.\nARTICLE XIII\nBINDING EFFECT OF COMPACT AND OTHER LAWS\nSection A. Other Laws\n(1) Nothing herein prevents the enforcement of any other law of a compacting state that\nis not inconsistent with this compact.\n(2) All compacting states' laws other than state Constitutions and other interstate\ncompacts conflicting with this compact are superseded to the extent of the conflict.\nSection B. Binding Effect of the Compact\n(1) All lawful actions of the Interstate Commission, including all rules and by -laws\npromulgated by the Interstate Commission, are binding upon the compacting states.\n(2) All agreements between the Interstate Commission and the compacting states are\nbinding in accordance with their terms.\n(3) Upon the request of a party to a conflict over meaning or  interpretation of Interstate\nCommission actions, and upon a majority vote of the compacting states, the\nInterstate Commission may issue advisory opinions regarding such meaning or\ninterpretation.\n(4) In the event any provision of this compact exceeds the constitutional limits imposed\non the legislature of any compacting state, the obligations, duties, powers, or\njurisdiction sought to be conferred by such provision upon the Interstate\nCommission shall be ineffective and such obligations, duties, powers, or\njurisdiction shall remain in the compacting state and shall be exercised by the\nagency thereof to which such obligations, duties, powers, or jurisdiction are\ndelegated by law in effect at the time this compact becomes effective.","path":["KRS Chapter 615"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=20177","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T21:00:07Z","sha256":"0469ed5a1a99b0dc4d2f25e7fbf05cc11b68f73ccbde03b01b47d52491eca9ee","source_id":"us-ky","stale":false,"prev":"us-ky/krs-610.990","next":"us-ky/krs-615.020"},"notice":"GroundRules: Original legal text. Not legal advice."}