KRS § 615.010 — KY Code / Title LI / Chapter 615 / Section 615.010
615.010 Interstate Compact for Juveniles -- Purpose -- Definitions -- Commission -- Powers -- Organization, rulemaking, enforcement -- Enactment by states -- Withdrawal
Status: in_force

615.010 Interstate Compact for Juveniles -- Purpose -- Definitions -- Commission --

Powers -- Organization, rulemaking, enforcement -- Enactment by states --

Withdrawal.

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. sec. 112 (1965), has authorized and encouraged compacts for cooperative efforts

and mutual assistance in the prevention of crime.

It is the purpose of this compact, through means of joint and cooperative action among

the compacting states to:

(1) Ensure that the adjudicated juveniles and status offenders subject to this compact

are provided adequate supervision and services in the receiving state as ordered by

the adjudicating judge or parole authority in the sending state;

(2) Ensure that the public safety interests of the citizens, including the victims of

juvenile offenders, in both the sending and receiving states are adequately protected;

(3) Return juveniles who have run away, absconded or escaped from supervision or

control or have been accused of an offense to the state requesting their return;

(4) Make contracts for the cooperative institutionalization in public facilities in member

states for delinquent youth needing special services;

(5) Provide for the effective tracking and supervision of juveniles;

(6) Equitably allocate the costs, benefits, and obligations of the compacting states;

(7) Establish procedures to manage the movement between states of juvenile offenders

released to the community under the jurisdiction of courts, juvenile departments, or

any other criminal or juvenile justice agency which has jurisdiction over juvenile

offenders;

(8) Ensure immediate notice to jurisdictions where defined offenders are authorized to

travel or to relocate across state lines;

(9) Establish procedures to resolve pending charges (detainers) against juvenile

offenders prior to transfer or release to the community under the terms of this

compact;

(10) Establish a system of uniform data collection on information pertaining to juveniles

subject to this compact that allows access by authorized juvenile justice and

criminal justice officials, and regular reporting of compact activities to heads of

state executive, judicial, and legislative branches and juvenile and criminal justice

administrators;

(11) Monitor compliance with rules governing interstate movement of juveniles and

initiate interventions to address and correct noncompliance;

(12) Coordinate training and education regarding the regulation of interstate movement

of juveniles for officials involved in such activity; and

(13) Coordinate the implementation and operation of the compact with the Interstate

Compact for the Placement of Children, the Interstate Compact for Adult Offender

Supervision and other compacts affecting juveniles, particularly in those cases

where concurrent or overlapping supervision issues arise. It is the policy of the

compacting states that the activities conducted by the Interstate Commission created

herein are the formation of public policies and therefore are public business.

Furthermore, the compacting states shall cooperate and observe their individual and

collective duties and responsibilities for the prompt return and acceptance of

juveniles subject to the provisions of this compact. The provisions of this compact

shall be reasonably and liberally construed to accomplish the purposes and policies

of the compact.

ARTICLE II

DEFINITIONS

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

(1) "By-laws" means those by-laws established by the Interstate Commission for its

governance, or for directing or controlling its actions or conduct.

(2) "Compact administrator" means the individual in each compacting state appointed

pursuant to the terms of this compact, responsible for the administration and

management of the state's supervision and transfer of juveniles subject to the terms

of this compact, the rules adopted by the Interstate Commission and policies

adopted by the State Council under this compact.

(3) "Compacting state" means any state which has enacted the enabling legislation for

this compact.

(4) "Commissioner" means the voting representative of each compacting state

appointed pursuant to Article III of this compact.

(5) "Court" means any court having jurisdiction over delinquent, neglected, or

dependent children.

(6) "Deputy compact administrator" means the individual, if any, in each compacting

state appointed to act on behalf of a Compact Administrator pursuant to the terms of

this compact responsible for the administration and management of the state's

supervision and transfer of juveniles subject to the terms of this compact.

(7) "Interstate Commission" means the Interstate Commission for Juveniles created by

Article III of this compact.

(8) "Juvenile" means any person defined as a juvenile in any member state or by the

rules of the Interstate Commission, including:

(a) Accused delinquent - a person charged with an offense that, if committed by

an adult, would be a criminal offense;

(b) Adjudicated delinquent - a person found to have committed an offense that, if

committed by an adult, would be a criminal offense;

(c) Accused status offender - a person charged with an offense that would not be

a criminal offense if committed by an adult;

(d) Adjudicated status offender - a person found to have committed an offense

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

(e) Non-offender - a person in need of supervision who has not been accused or

adjudicated a status offender or delinquent.

(9) "Noncompacting state" means any state which has not enacted the enabling

legislation for this compact.

(10) "Probation or Parole" means any kind of supervision or conditional release of

juveniles authorized under the law of the compacting states.

(11) "Rule" means a written statement by the Interstate Commission promulgated

pursuant to Article VI of this compact that is of general applicability, implements,

interprets or prescribes a policy or provision of the compact, or an organizational,

procedural, or practice requirement of the Commission, and has the force and effect

of statutory law in a compacting state, and includes the amendment, repeal, or

suspension of an existing rule.

(12) "State" means a state of the United States, the District of Columbia or its designee,

the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American

Samoa, and the Northern Marianas Islands.

ARTICLE III

INTERSTATE COMMISSION FOR JUVENILES

(1) 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.

(2) 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.

(3) In addition to the commissioners who are the voting representatives of each state,

the Interstate Commission shall include individuals who are not commissioners, but

who are members of interested organizations. Such noncommissioner members

must include a member of the national organizations of governors, legislators, state

chief justices, attorneys general, Interstate Compact for Adult Offender Supervision,

Interstate Compact for the Placement of Children, juvenile justice and juvenile

corrections officials, and crime victims. All noncommissioner members of the

Interstate Commission shall be ex officio nonvoting members. The Interstate

Commission may provide in its by-laws for such additional ex officio nonvoting

members, including members of other national organizations, in such numbers as

shall be determined by the commission.

(4) Each compacting state represented at any meeting of the commission is entitled to

one (1) vote. A majority of the compacting states shall constitute a quorum for the

transactions of business, unless a larger quorum is required by the by-laws of the

Interstate Commission.

(5) 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.

(6) The Interstate Commission shall establish an executive committee, which shall

include commission officers, members, and others as determined by the by-laws.

The executive committee shall have the power to act on behalf of the Interstate

Commission during periods when the Interstate Commission is not in session, with

the exceptions of rulemaking and 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 by-

laws, and rules; and perform such other duties as directed by the Interstate

Commission or set forth in the by-laws.

(7) Each member of the Interstate Commission shall have the right and power to cast a

vote to which that compacting state is entitled and to participate in the business and

affairs of the Interstate Commission. A member shall vote in person and shall not

delegate a vote to another compacting state. However, a commissioner, in

consultation with the state council, shall appoint another authorized representative,

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

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

participation in meetings by telephone or other means of telecommunication or

electronic communication.

(8) 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.

(9) Public notice shall be given of all meetings and all meetings shall be open to the

public, except as set forth in the rules or as otherwise provided in the compact. The

Interstate Commission and any of its committees may close a meeting to the public

where it determines by two-thirds (2/3) vote that an open meeting would be likely

to:

(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 investigative 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 person or entity for the purpose of

regulation or supervision of such person or entity;

(h) Disclose information, the premature disclosure of which would significantly

endanger the stability of a regulated person or entity; or

(i) Specifically relate to the Interstate Commission's issuance of a subpoena, or

its participation in a civil action or other legal proceeding.

(10) For every meeting closed pursuant to this provision, the Interstate Commission's

legal counsel shall publicly certify that, in the legal counsel's opinion, the meeting

may be closed to the public, and shall reference each relevant exemptive provision.

The Interstate Commission shall keep minutes which shall fully and clearly describe

all matters discussed in any meeting and shall provide a full and accurate summary

of any actions taken, and the reasons therefore, including a description of each of

the views expressed on any item and the record of any roll call vote (reflected in the

vote of each member on the question). All documents considered in connection with

any action shall be identified in such minutes.

(11) The Interstate Commission shall collect standardized data concerning the interstate

movement of juveniles as directed through its rules which shall specify the data to

be collected, the means of collection, and data exchange and reporting

requirements. Such methods of data collection, exchange, and reporting shall

insofar as is reasonably possible conform to up-to-date technology and coordinate

its information functions with the appropriate repository of records.

ARTICLE IV

POWERS AND DUTIES OF THE INTERSTATE COMMISSION

The commission shall have the following powers and duties:

(1) To provide for dispute resolution among compacting states.

(2) To promulgate rules to effect the purposes and obligations as enumerated in this

compact, which shall have the force and effect of statutory law and shall be binding

in the compacting states to the extent and in the manner provided in this compact.

(3) To oversee, supervise, and coordinate the interstate movement of juveniles subject

to the terms of this compact and any by-laws adopted and rules promulgated by the

Interstate Commission.

(4) To enforce compliance with the compact provisions, the rules promulgated by the

Interstate Commission, and the by-laws, using all necessary and proper means,

including but not limited to the use of judicial process.

(5) To establish and maintain offices which shall be located within one (1) or more of

the compacting states.

(6) To purchase and maintain insurance and bonds.

(7) To borrow, accept, hire, or contract for services of personnel.

(8) To establish and appoint committees and hire staff which it deems necessary for the

carrying out of its functions, including but not limited to an executive committee as

required by Article III, which shall have the power to act on behalf of the Interstate

Commission in carrying out its powers and duties hereunder.

(9) To elect or appoint such officers, attorneys, employees, agents, or consultants, and

to fix their compensation, define their duties, and determine their qualifications; and

to establish the Interstate Commission's personnel policies and programs relating to,

inter alia, conflicts of interest, rates of compensation, and qualifications of

personnel.

(10) To accept any and all donations and grants of money, equipment, supplies,

materials, and services, and to receive, utilize, and dispose of it.

(11) To lease, purchase, accept contributions or donations of, or otherwise to own, hold,

improve, or use any property, real, personal, or mixed.

(12) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose

of any property, real, personal, or mixed.

(13) To establish a budget and make expenditures and levy dues as provided in Article

VIII of this compact.

(14) To sue and be sued.

(15) To adopt a seal and by-laws governing the management and operation of the

Interstate Commission.

(16) To perform such functions as may be necessary or appropriate to achieve the

purposes of this compact.

(17) To report annually to the legislatures, governors, judiciary, and state councils of the

compacting states concerning the activities of the Interstate Commission during the

preceding year. Such reports shall also include any recommendations that may have

been adopted by the Interstate Commission.

(18) To coordinate education, training, and public awareness regarding the interstate

movement of juveniles for officials involved in such activity.

(19) To establish uniform standards of the reporting, collecting, and exchanging of data.

(20) The Interstate Commission shall maintain its corporate books and records in

accordance with the by-laws.

ARTICLE V

ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION

Section A. By-laws

(1) The Interstate Commission shall, by a majority of the members present and voting,

within twelve (12) months after the first Interstate Commission meeting, adopt by-

laws to govern its conduct as may be necessary or appropriate to carry out the

purposes of the compact, including but not limited to:

(a) Establishing the fiscal year of the Interstate Commission;

(b) Establishing an executive committee and such other committees as may be

necessary;

(c) Provide 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 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.

Section 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 by-laws. The chairperson or, in

the chairperson's absence or disability, the vice-chairperson shall preside at all

meetings of the Interstate Commission. The officers so elected shall serve without

compensation or remuneration from the Interstate Commission; provided that,

subject to the availability of budgeted funds, the officers shall be reimbursed for any

ordinary and necessary costs and expenses incurred by them in the performance of

their duties and responsibilities as officers of the Interstate Commission.

(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

compensation as the Interstate Commission may deem appropriate. The executive

director shall serve as secretary to the Interstate Commission, but shall not be a

member and shall hire and supervise such other staff as may be authorized by the

Interstate Commission.

Section C. Qualified Immunity, Defense, and Indemnification

(1) The Commission's executive director and employees shall be immune from suit and

liability, either personally or in their official capacity, for any claim for damage to

or loss of property or personal injury or other civil liability caused or arising out of

or relating to any actual or alleged act, error, or omission that occurred, or that such

person had a reasonable basis for believing occurred within the scope of

Commission employment, duties, or responsibilities; provided, that any such person

shall not be protected from suit or liability for any damage, loss, injury, or liability

caused by the intentional or willful and wanton misconduct of any such person.

(2) The liability of any commissioner, or the employee or agent of a commissioner,

acting within the scope of such person's employment or duties for acts, errors, or

omissions occurring within such person's state may not exceed the limits of liability

set forth under the Constitution and laws of that state for state officials, employees,

and agents. Nothing in this subsection shall be construed to protect any such person

from suit or liability for any damage, loss, injury, or liability caused by the

intentional or willful and wanton misconduct of any such person.

(3) The Interstate Commission shall defend the executive director or the employees or

representatives of the Interstate Commission and, subject to the approval of the

Attorney General of the state represented by any commissioner of a compacting

state, shall defend such commissioner or the commissioner's representatives or

employees in any civil action seeking to impose liability arising out of any actual or

alleged act, error, or omission that occurred within the scope of Interstate

Commission employment, duties, or responsibilities, or that the defendant had a

reasonable basis for believing occurred within the scope of Interstate Commission

employment, duties, or responsibilities, provided that the actual or alleged act, error,

or omission did not result from intentional or willful and wanton misconduct on the

part of such person.

(4) The Interstate Commission shall indemnify and hold the commissioner of a

compacting state, or the commissioner's representatives or employees, or the

Interstate Commission's representatives or employees, harmless in the amount of

any settlement or judgment obtained against such persons arising out of any actual

or alleged act, error, or omission that occurred within the scope of Interstate

Commission employment, duties, or responsibilities, or that such persons had a

reasonable basis for believing occurred within the scope of Interstate Commission

employment, duties, or responsibilities, provided that the actual or alleged act, error,

or omission did not result from intentional or willful and wanton misconduct on the

part of such persons.

ARTICLE VI

RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION

(1) The Interstate Commission shall promulgate and publish rules in order to effectively

and efficiently achieve the purposes of the compact.

(2) Rulemaking shall occur pursuant to the criteria set forth in this article and the by-

laws and rules adopted pursuant thereto. Such rulemaking shall substantially

conform to the principles of the "Model State Administrative Procedures Act," 1981

Act, Uniform Laws Annotated, Vol. 15, p. 1 (2000), or such other administrative

procedures act, as the Interstate Commission deems appropriate consistent with due

process requirements under the Constitution of the United States, 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 rule as approved by the Interstate Commission.

(3) When promulgating a rule, the Interstate Commission shall, at a minimum:

(a) Publish the proposed rule's entire text stating the reasons for that proposed

rule;

(b) 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;

(c) Provide an opportunity for an informal hearing if petitioned by ten (10) or

more persons; and

(d) Promulgate a final rule and its effective date, if appropriate, based on input

from state or local officials, or interested parties.

(4) Allow, not later than sixty (60) days after a rule is promulgated, any interested

person to file a petition in the United States District Court for the District of

Columbia or in the Federal District Court where the Interstate Commission's

principal office is located for judicial review of such rule. If the court finds that the

Interstate Commission's action is not supported by substantial evidence in the

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

purposes of this subsection, evidence is substantial if it would be considered

substantial evidence under the Model State Administrative Procedures Act.

(5) If a majority of the legislatures of the compacting states rejects a rule, those states

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

compact, cause that such rule shall have no further force and effect in any

compacting state.

(6) The existing rules governing the operation of the Interstate Compact on Juveniles

superseded by this compact shall be null and void twelve (12) months after the first

meeting of the Interstate Commission created hereunder.

(7) Upon determination by the Interstate Commission that a state-of-emergency exists,

it may promulgate an emergency rule which shall become effective immediately

upon adoption, provided that the usual rulemaking procedures provided hereunder

shall be retroactively applied to said rule as soon as reasonably possible, but no later

than ninety (90) days after the effective date of the emergency rule.

ARTICLE VII

OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY THE

INTERSTATE COMMISSION

Section A. Oversight

(1) The Interstate Commission shall oversee the administration and operations of the

interstate movement of juveniles subject to this compact in the compacting states

and shall monitor such activities being administered in noncompacting states which

may significantly affect compacting states.

(2) The courts and executive agencies in each compacting state shall enforce this

compact and shall take all actions necessary and appropriate to effectuate the

compact's purposes and intent. The provisions of this compact and the rules

promulgated hereunder shall be received by all the judges, public officers,

commissions, and departments of the state government as evidence of the

authorized statute and administrative rules. All courts shall take judicial notice of

the compact and the rules. In any judicial or administrative proceeding in a

compacting state pertaining to the subject matter of this compact which may affect

the powers, responsibilities, or actions of the Interstate Commission, it shall be

entitled to receive all service of process in any such proceeding, and shall have

standing to intervene in the proceeding for all purposes.

Section 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 by-

laws and rules.

(2) The Interstate Commission shall attempt, upon the request of a compacting state, to

resolve any disputes or other issues which are subject to the compact and which

may arise among compacting states and between compacting and noncompacting

states. The commission shall promulgate a rule providing for both mediation and

binding dispute resolution for disputes among the compacting states.

(3) The Interstate Commission, in the reasonable exercise of its discretion, shall enforce

the provisions and rules of this compact using any or all means set forth in Article

XI of this compact.

ARTICLE VIII

FINANCE

(1) The Interstate Commission shall pay or provide for the payment of the reasonable

expenses of its establishment, organization, and ongoing activities.

(2) The Interstate Commission shall levy on and collect an annual assessment from

each compacting state to cover the costs 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.

(3) 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.

(4) 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 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 shall

include at least one (1) representative from:

(1) The legislative branch of government;

(2) The judicial branch of government;

(3) The executive branch of government;

(4) Victims groups;

(5) The Department of Public Advocacy;

(6) The Kentucky Association of Criminal Defense Lawyers;

(7) The County Attorneys Association;

(8) The Commonwealth's Attorneys Association; and

(9) 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

(1) 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.

(2) The compact shall become effective and binding upon legislative enactment of the

compact into law by no less than thirty-five (35) of the states. The initial effective

date shall be the later of July 1, 2006, 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 nonmember states or their designees shall be invited to participate in

the activities of the Interstate Commission on a nonvoting basis prior to adoption of

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

(3) 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

Section A. Withdrawal

(1) Once effective, the compact shall continue in force and remain binding upon each

and every compacting state; provided that a compacting state may withdraw from

the compact by specifically repealing the statute which enacted the compact into

law.

(2) The effective date of withdrawal is the effective date of the repeal.

(3) The withdrawing state shall immediately notify the chairperson of the Interstate

Commission in writing upon the introduction of legislation repealing this compact

in the withdrawing state. The Interstate Commission shall notify the other

compacting states of the withdrawing state's intent to withdraw within sixty (60)

days of its receipt thereof.

(4) The withdrawing state is responsible for all assessments, obligations, and liabilities

incurred through the effective date of withdrawal, including any obligations, the

performance of which extend beyond the effective date of withdrawal.

(5) Reinstatement following withdrawal of any compacting state shall occur upon the

withdrawing state reenacting the compact, or upon such later date as determined by

the Interstate Commission.

Section 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 by-laws 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 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 by-laws and rules have been exhausted and the Interstate Commission has

therefore determined that the offending state is in default. Immediate notice of

suspension shall be given by the Interstate Commission to the Governor, the

Chief Justice or the Chief Judicial Officer of the state, the majority and

minority leaders of the defaulting state's legislature, and the state council. The

grounds for default include, but are not limited to, failure of a compacting

state to perform such obligations or responsibilities imposed upon it by this

compact, the by-laws, or duly promulgated rules and any other grounds

designated in commission by-laws and rules. The Interstate Commission shall

immediately notify the defaulting state in writing of the penalty imposed by

the Interstate Commission and of the default pending a cure of the default.

The commission shall stipulate the conditions and the time period within

which the defaulting state must cure its default. If the defaulting state fails to

cure the default within the time period specified by the commission, the

defaulting state shall be terminated from the compact upon an affirmative vote

of a majority of the compacting states and all rights, privileges, and benefits

conferred by this compact shall be terminated from the effective date of

termination.

(2) Within sixty (60) days of the effective date of termination of a defaulting state, the

commission shall notify the Governor, the Chief Justice or Chief Judicial Officer,

the Majority and Minority Leaders of the defaulting state's legislature, and the state

council of such termination.

(3) The defaulting state is responsible for all assessments, obligations, and liabilities

incurred through the effective date of termination, including any obligations, the

performance of which extends beyond the effective date of termination.

(4) The Interstate Commission shall not bear any costs relating to the defaulting state

unless otherwise mutually agreed upon in writing between the Interstate

Commission and the defaulting state.

(5) Reinstatement following termination of any compacting state requires both a

reenactment of the compact by the defaulting state and the approval of the Interstate

Commission pursuant to the rules.

Section 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.

Section D. Dissolution of Compact

(1) The compact dissolves effective upon the date of the withdrawal or default of the

compacting state, which reduces membership in the compact to one (1) compacting

state.

(2) Upon the dissolution of this compact, the compact becomes null and void and shall

be of no further force or effect, and the business and affairs of the Interstate

Commission shall be concluded and any surplus funds shall be distributed in

accordance with the by-laws.

ARTICLE XII

SEVERABILITY AND CONSTRUCTION

(1) 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.

(2) The provisions of this compact shall be liberally construed to effectuate its

purposes.

ARTICLE XIII

BINDING EFFECT OF COMPACT AND OTHER LAWS

Section 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.

Section B. Binding Effect of the Compact

(1) All lawful actions of the Interstate Commission, including all rules and by-laws

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.