NY Exec L § 259-MM (2021)
2021 New York Laws EXC - Executive Article 12-B - State Board of Parole 259-MM - Interstate Compact for Adult Offender Supervision.

* §  259-mm.  Interstate  compact  for adult offender supervision. The interstate compact for adult offender supervision as set forth  in  this section  is  hereby  adopted, enacted into law and entered into with all other jurisdictions joining therein. The compact shall be as follows:             INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION ARTICLE I.    Purpose. ARTICLE II.   Definitions. ARTICLE III.  The compact commission. ARTICLE IV.   The state council. ARTICLE V.    Powers and duties of the interstate commission. ARTICLE VI.   Organization and operation of the interstate commission. ARTICLE VII.  Activities of the interstate commission. ARTICLE VIII. Rulemaking functions of the interstate commission. ARTICLE IX.   Oversight,  enforcement  and  dispute  resolution  by  the                 interstate commission. ARTICLE X.    Finance. ARTICLE XI.   Compacting states, effective date and amendment. ARTICLE XII.  Withdrawal, default, termination and judicial enforcement. ARTICLE XIII. Severability and construction. ARTICLE XIV.  Binding effect of compact and other laws.                                 ARTICLE I                                  PURPOSE   The  compacting  states to this interstate compact recognize that each state is responsible for the  supervision  of  adult  offenders  in  the community  who  are  authorized pursuant to the bylaws and rules of this compact to travel across state lines both to and  from  each  compacting state  in  such a manner as to track the location of offenders, transfer supervision authority in an  orderly  and  efficient  manner,  and  when necessary   return  offenders  to  the  originating  jurisdictions.  The compacting states also recognize that Congress, by  enacting  the  Crime Control  Act, 4 U.S.C. Section 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime.  It  is  the  purpose  of  this  compact  and  the  interstate commission  created pursuant to this compact, through means of joint and cooperative action among the compacting states: to provide the framework for the promotion of public safety and protect  the  rights  of  victims through  the  control  and  regulation  of  the  interstate  movement of offenders in the community;  to  provide  for  the  effective  tracking, supervision  and  rehabilitation  of  these offenders by the sending and receiving states; and to equitably distribute the  costs,  benefits  and obligations  of  the  compact  among the compacting states. In addition, this compact will: create an interstate commission which will  establish uniform  procedures  to  manage  the  movement  between states of adults placed under community supervision and released to the  community  under the  jurisdiction  of courts, paroling authorities, corrections or other criminal justice agencies which will promulgate  rules  to  achieve  the purpose  of  this  compact;  ensure  an opportunity for input and timely notice to victims and  to  jurisdictions  where  defined  offenders  are authorized  to  travel  or  to  relocate across state lines; establish a system of uniform data collection, access to information on active cases by authorized criminal  justice  officials,  and  regular  reporting  of compact activities to heads of state councils, state executive, judicial and  legislative  branches, and criminal justice administrators; monitor compliance with rules governing interstate  movement  of  offenders  and initiate  interventions  to  address  and  correct  non-compliance;  and coordinate training and education regarding  regulations  of  interstate movement  of  offenders  for  officials  involved  in such activity. The compacting states recognize that there is no "right" of any offender  to  live  in  another  state  and that duly accredited officers of a sending state may at all times enter a receiving state and there  apprehend  and retake  any offender under supervision subject to the provisions of this compact  and  bylaws  and rules promulgated thereto. It is the policy of the compacting states that the activities conducted  by  the  interstate commission  created by this compact are the formation of public policies and are therefore public business.                                ARTICLE II                                DEFINITIONS   As used in  this  compact,  unless  the  context  clearly  requires  a different construction:  (a)  "Adult"  means  both individuals legally classified as adults and juveniles treated as adults by court order, statute or operation of law.  (b) "By-laws"  means  those  by-laws  established  by  the  interstate commission  for  its  governance,  or  for  directing or controlling the interstate commission's actions or conduct.  (c) "Compact administrator" means the individual  in  each  compacting state  appointed  pursuant  to the terms of this compact responsible for the  administration  and  management  of  the  state's  supervision  and transfer  of  offenders  subject to the terms of this compact, the rules adopted by the interstate commission and policies adopted by  the  state council under this compact.  (d)  "Compacting state" means any state which has enacted the enabling legislation for this compact.  (e) "Commissioner" means the voting representative of each  compacting state appointed pursuant to article III of this compact.  (f)  "Interstate commission" means the interstate commission for adult offender supervision established by this compact.  (g) "Member" means the commissioner of a compacting state or designee, who shall be a person officially connected with the commissioner.  (h) "Non-compacting state" means any state which has not  enacted  the enabling legislation for this compact.  (i) "Offender" means an adult placed under, or subject to, supervision as  the  result  of the commission of a criminal offense and released to the community under the jurisdiction of  courts,  paroling  authorities, corrections or other criminal justice agencies.  (j) "Person" means any individual, corporation, business enterprise or other legal entity, either public or private.  (k)  "Rules" means acts of the interstate commission, duly promulgated pursuant to  article  VIII  of  this  compact,  substantially  affecting interested parties in addition to the interstate commission, which shall have the force and effect of law in the compacting states.  (l)  "State"  means  a  state  of  the  United States, the District of Columbia and any other territorial possessions of the United States.  (m) "State council" means the resident members of  the  state  council for  interstate  adult  offender supervision created by each state under article IV of this compact.                                 ARTICLE III                          THE COMPACT COMMISSION   The compacting states hereby create  the  "interstate  commission  for adult  offender  supervision". The interstate commission shall be a body corporate and joint agency of  the  compacting  states.  The  interstate commission  shall  have  all the responsibilities, powers and duties set forth in this compact, including the power to sue and be sued, and  such additional  powers  as  may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance  with the terms of this compact.    The  interstate commission shall consist of commissioners selected and appointed by resident members of a state council  for  interstate  adult offender  supervision  for  each state. In addition to the commissioners who are  the  voting  representatives  of  each  state,  the  interstate commission  shall  include individuals who are not commissioners but who are members of interested organizations; such  non-commissioner  members must  include  a  member  of  the  national  organizations of governors, legislators, state chief justices, attorneys general and crime  victims. All  non-commissioner  members  of  the  interstate  commission shall be ex-officio (nonvoting) members. The interstate commission may provide in its by-laws for such additional, ex-officio, non-voting  members  as  it deems necessary.   Each  compacting  state  represented  at any meeting of the interstate commission is entitled to one vote. A majority of the compacting  states shall  constitute  a  quorum  for  the transaction of business, unless a larger quorum is required by the by-laws of the  interstate  commission. The  interstate  commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon  the  request  of twenty-seven  or more compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be  open to the public.   The interstate commission shall establish an executive committee which shall  include  commission  officers,  members  and  others  as shall be determined by the by-laws. The executive committee shall have the  power to  act  on  behalf of the interstate commission during periods when the interstate  commission  is  not  in  session,  with  the  exception   of rulemaking  and/or  amendment  to  the  compact. The executive committee oversees the day-to-day activities managed by the executive director and interstate commission staff; administers enforcement and compliance with the provisions of the compact,  its  by-laws  and  as  directed  by  the interstate  commission  and  performs  other  duties  as directed by the commission or set forth in the by-laws.                                 ARTICLE IV                             THE STATE COUNCIL   Each member state shall create a state council  for  interstate  adult offender  supervision  which shall be responsible for the appointment of the commissioner who shall serve on the interstate commission from  that state.  Each state council shall appoint as its commissioner the compact administrator from that state to serve on the interstate  commission  in such  capacity  under or pursuant to applicable law of the member state. While each member state may determine the membership of  its  own  state council,  its  membership  must include at least one representative from the legislative, judicial and executive branches of government,  victims groups  and  compact  administrators.  Each compacting state retains the right to determine the qualifications of the compact  administrator  who shall  be  appointed  by  the  state  council  or  by  the  governor  in consultation with the legislature and  the  judiciary.  In  addition  to appointment  of  its commissioner to the national interstate commission, each state council shall exercise oversight and advocacy concerning  its participation  in  interstate  commission activities and other duties as may be determined by each member state including  but  not  limited  to, development  of  policy  concerning  operations  and  procedures  of the compact within that state. The compact administrator shall be  appointed by  the  governor  in  consultation  with the temporary president of the senate, the speaker of the assembly and the chief judge of the court  of appeals.  The  state  council shall appoint the compact administrator to serve on the interstate commission pursuant to this section.                                  ARTICLE V              POWERS AND DUTIES OF THE INTERSTATE COMMISSION   The interstate commission shall have the following powers:  (a)  to adopt a seal and suitable by-laws governing the management and operation of the interstate commission;  (b) to promulgate rules which shall  have  the  force  and  effect  of statutory  law  and  shall  be  binding  in the compacting states to the extent and in the manner provided in this compact;  (c) to oversee, supervise and coordinate the  interstate  movement  of offenders  subject  to the terms of this compact and any by-laws adopted and rules promulgated by the compact commission;  (d)  to  enforce  compliance  with  compact   provisions,   interstate commission  rules,  and  by-laws  using  all necessary and proper means, including but not limited to, the use of judicial order;  (e) to establish and maintain offices;  (f) to purchase and maintain insurance and bonds;  (g)  to  borrow,  accept  or  contract  for  services  of   personnel, including, but not limited to, members and their staffs;  (h)  to establish and appoint committees and hire staff which it deems necessary for the carrying out  of  its  functions  including,  but  not limited  to,  an  executive committee as required by article III of this compact which shall have the power to act on behalf  of  the  interstate commission  in  carrying  out  its  powers  and  duties pursuant to this compact;  (i) to elect or appoint such officers, attorneys, employees, agents or consultants, and to fix their  compensation,  define  their  duties  and determine   their   qualifications;  and  to  establish  the  interstate commission's personnel policies and programs relating  to,  among  other things,  conflicts of interest, rates of compensation and qualifications of personnel;  (j) to accept any and all donations and grants  of  money,  equipment, supplies, materials and services, and to receive, utilize and dispose of same;  (k)  to  lease,  purchase,  accept  contributions  or donations of, or otherwise to own, hold, improve or use any property, real,  personal  or mixed;  (l)  to  sell,  convey,  mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed;  (m) to establish a budget and  make  expenditures  and  levy  dues  as provided in article X of this compact;  (n) to sue and be sued;  (o) to provide for dispute resolution among compacting states;  (p)  to  perform  such functions as may be necessary or appropriate to achieve the purposes of this compact;  (q) to report annually to the legislatures, governors,  judiciary  and state councils of the compacting states concerning the activities of the interstate commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the interstate commission;  (r)  to  coordinate education, training and public awareness regarding the interstate movement of offenders  for  officials  involved  in  such activity; and  (s)  to  establish uniform standards for the reporting, collecting and exchanging of data.                                ARTICLE VI          ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION  (a) By-laws. The interstate commission shall, by  a  majority  of  the members,  within  twelve  months  of  the  first  interstate  commission  meeting, adopt by-laws to govern its conduct  as  may  be  necessary  or appropriate to carry out the purposes of the compact, including, but not limited to:   1. establishing the fiscal year of the interstate commission;   2.  establishing  an  executive committee and such other committees as may be necessary;   3. providing reasonable standards and procedures:   a. for the establishment of committees, and   b. governing any general or specific delegation of  any  authority  or function of the interstate commission;   4. providing reasonable procedures for calling and conducting meetings of  the  interstate  commission,  and ensuring reasonable notice of each such meeting;   5. establishing the titles and responsibilities of the officers of the interstate commission;   6. providing reasonable standards and procedures for the establishment of the personnel policies and programs  of  the  interstate  commission. Notwithstanding   any  civil  service  or  other  similar  laws  of  any compacting state, the by-laws shall  exclusively  govern  the  personnel policies and programs of the interstate commission;   7.  providing  a  mechanism  for  winding  up  the  operations  of the interstate commission and the equitable return of any surplus funds that may exist upon the termination of the compact after the  payment  and/or reserving of all of its debts and obligations;   8.  providing  transition  rules  for "start up" administration of the compact; and   9. establishing standards and procedures for compliance and  technical assistance in carrying out the compact.  (b) Officers and staff. The interstate commission shall, by a majority of  the  members,  elect from among its members a chairperson and a vice chairperson, each of whom shall have such authorities and duties as  may be  specified  in the by-laws. The chairperson or, in his or her absence or disability, the vice chairperson, shall preside at  all  meetings  of the  interstate  commission. The officers so elected shall serve without compensation or remuneration from the  interstate  commission;  provided that,  subject to the availability of budgeted funds, the officers shall be reimbursed for any actual and necessary costs and  expenses  incurred by  them  in  the  performance  of  their duties and responsibilities as officers of the interstate commission.   The interstate commission  shall,  through  its  executive  committee, appoint or retain an executive director for such period, upon such terms and  conditions  and  for such compensation as the interstate commission may deem appropriate. The executive director shall serve as secretary to the interstate commission, and hire and supervise such  other  staff  as may  be  authorized  by  the  interstate  commission, but shall not be a member.  (c) Corporate records of the  interstate  commission.  The  interstate commission  shall maintain its corporate books and records in accordance with the by-laws.  (d) Qualified immunity,  defense  and  indemnification.  The  members, officers,  executive director and employees of the interstate commission shall be immune from suit and liability, either personally or  in  their official  capacity,  for  any claim for damage to or loss of property or personal injury or other civil liability cause or  arising  out  of  any actual  or alleged act, error or omission that occurred within the scope of  interstate  commission  employment,  duties   or   responsibilities; provided, that nothing in this subdivision shall be construed to protect any  such person from suit and/or liability for any damage, loss, injury  or liability caused by the intentional or willful and wanton  misconduct of   any  such  person.  The  interstate  commission  shall  defend  the commissioner of a compacting state, or his  or  her  representatives  or employees,  or the interstate commission's representatives or employees, in any civil action seeking to impose  liability,  arising  out  of  any actual  or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred  within  the scope  of  interstate commission employment, duties or responsibilities; provided, that the actual or alleged act,  error  or  omission  did  not result from intentional wrongdoing on the part of such person.   The interstate commission shall indemnify and hold the commissioner of a  compacting  state,  the  appointed  designee  or  employees,  or  the interstate commission's representatives or employees,  harmless  in  the amount  of  any  settlement  or  judgment  obtained against such persons arising out of any  actual  or  alleged  act,  error  or  omission  that occurred within the scope of interstate commission employment, duties or responsibilities,  or  that  such  persons  had  a  reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, provided, that the actual  or  alleged  act, error  or  omission  did not result from gross negligence or intentional wrongdoing on the part of such person.                                ARTICLE VII                  ACTIVITIES OF THE INTERSTATE COMMISSION   The interstate commission shall meet and  take  such  actions  as  are consistent with the provisions of this compact.   Except  as  otherwise  provided  in  this compact and unless a greater percentage is required by the by-laws, in order to constitute an act  of the  interstate  commission, such act shall have been taken at a meeting of the interstate commission and shall have received an affirmative vote of a majority of the members present.   Each member of the interstate commission  shall  have  the  right  and power  to  cast a vote to which that compacting state is entitled and to participate in the business and affairs of the interstate commission.  A member  shall  vote  in  person  on  behalf  of  the state and shall not delegate a vote to another member state. However, a state council  shall appoint  another  authorized  representative,  in  the  absence  of  the commissioner from that state, to cast a vote on  behalf  of  the  member state  at  a  specified  meeting.  The  by-laws may provide for members' participation   in   meetings   by   telephone   or   other   means   of telecommunication  or  electronic communication. Any voting conducted by telephone,  or  other   means   of   telecommunication   or   electronic communication  shall  be  subject  to  the  same  quorum requirements of meetings where members are present in person.   The interstate  commission  shall  meet  at  least  once  during  each calendar  year.  The  chairperson  of the interstate commission may call additional meetings at any time and, upon the request of a  majority  of the members, shall call additional meetings.   The  interstate  commission's  by-laws  shall establish conditions and procedures  under  which  the  interstate  commission  shall  make   its information  and official records available to the public for inspection or copying. The interstate commission may  exempt  from  disclosure  any information  or  official  records  to  the  extent they would adversely affect personal privacy rights or proprietary interests. In promulgating such  rules,  the  interstate  commission  may  make  available  to  law enforcement  agencies  records  and  information  otherwise  exempt from disclosure, and may enter into agreements with law enforcement  agencies  to  receive  or exchange information or records subject to nondisclosure and confidentiality provisions.   Public notice shall be given of all meetings and all meetings shall be open  to  the  public,  except as set forth in the rules or as otherwise provided in the compact.  The  interstate  commission  shall  promulgate rules  consistent  with  the  principles contained in the "Government in Sunshine  Act,"  5  U.S.C.  Section  552(b),  as  may  be  amended.  The interstate  commission  and any of its committees may close a meeting to the public where it determines by a two-thirds vote that an open meeting would be likely to:  (a) relate solely to the interstate  commission's  internal  personnel practices and procedures;  (b) disclose matters specifically exempted from disclosure by statute;  (c)  disclose  trade  secrets  or  commercial or financial information which is privileged or confidential;  (d) involve accusing any person of a crime, or formally censuring  any person;  (e)  disclose  information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;  (f)  disclose  investigatory  records  compiled  for  law  enforcement purposes;  (g)  disclose  information  contained  in  or  related to examination, operating or condition reports prepared by, or on behalf of or  for  the use of, the interstate commission with respect to a regulated entity for the purpose of regulation or supervision of such entity;  (h)  disclose  information,  the  premature  disclosure of which would significantly endanger the life of  a  person  or  the  stability  of  a regulated entity; or  (i)  specifically  relate to the interstate commission's issuance of a subpoena, or its participation in a civil action or proceeding.   For every meeting closed pursuant  to  this  article,  the  interstate commission's  chief legal officer shall publicly certify that, in his or her opinion, the  meeting  may  be  closed  to  the  public,  and  shall reference  each  relevant exemptive provision. The interstate commission shall keep minutes which shall fully and clearly  describe  all  matters discussed  in  any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a  description of  each  of  the  views  expressed  on  any  item and the record of any rollcall vote (reflected in the vote of each member  on  the  question). All  documents  considered  in  connection  with  any  action  shall  be identified in such minutes.   The interstate commission shall collect standardized  data  concerning the interstate movement of offenders as directed through its by-laws and rules  which  shall  specify  the  data  to  be  collected, the means of collection and data exchange and reporting requirements.                               ARTICLE VIII             RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION   The  interstate  commission  shall  promulgate  rules  in   order   to effectively   and  efficiently  achieve  the  purposes  of  the  compact including transition  rules  governing  administration  of  the  compact during  the  period  in  which it is being considered and enacted by the states.   Rulemaking shall occur pursuant to the  criteria  set  forth  in  this article  and  the  by-laws  and  rules  adopted  pursuant  thereto. Such rulemaking shall substantially conform to the principles of the  federal Administrative  Procedure  Act,  5 U.S.C.S. section 551 et seq., and the Federal Advisory Committee Act, 5 U.S.C.S. app. 2, section 1 et seq., as may be amended  (hereinafter  referred  to  as  "APA").  All  rules  and  amendments shall become binding as of the date specified in each rule or amendment.   If  a  majority of the legislatures of the compacting states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compacting state.   When promulgating a rule, the interstate commission shall:  (a) publish the proposed rule stating with particularity the  text  of the rule which is proposed and the reason for the proposed rule;  (b)  allow  persons  to  submit  written  data,  facts,  opinions  and arguments, which information shall be publicly available;  (c) provide an opportunity for an informal hearing; and  (d) promulgate a final rule and its effective  date,  if  appropriate, based on the rulemaking record.   Not  later than sixty days after a rule is promulgated, any interested person may file a petition in the United States District Court  for  the District  of  Columbia  or  in  the  Federal  District  Court  where the interstate commission principal office is located for judicial review of such rule. If the court finds that the interstate commission's action is not supported by substantial evidence, (as defined in the APA),  in  the rulemaking  record,  the  court  shall hold the rule unlawful and set it aside. Subjects to be addressed within twelve  months  after  the  first meeting must at a minimum include:   1. notice to victims and opportunity to be heard;   2. offender registration and compliance;   3. violations/returns;   4. transfer procedures and forms;   5. eligibility for transfer;   6. collection of restitution and fees from offenders;   7. data collection and reporting;   8. the level of supervision to be provided by the receiving state;   9.  transition  rules  governing  the operation of the compact and the interstate commission during all or  part  of  the  period  between  the effective  date  of  the compact and the date on which the last eligible state adopts the compact; and   10. mediation, arbitration and dispute resolution.   The existing rules governing the operation  of  the  previous  compact superceded  by  this  compact shall be null and void twelve months after the first meeting of the interstate commission created pursuant to  this compact.   Upon  determination  by  the  interstate  commission that an emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule  as  soon as  reasonably  possible,  in  no event later than ninety days after the effective date of the rule.                                ARTICLE IX           OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION BY THE                           INTERSTATE COMMISSION  (a) Oversight. The interstate commission shall oversee the  interstate movement  of  adult offenders in the compacting states and shall monitor such activities being administered in non-compacting  states  which  may significantly affect compacting states.   The  courts  and  executive  agencies  in  each compacting state shall enforce  this  compact  and  shall  take  all  actions   necessary   and appropriate  to  effectuate  the  compact's  purposes and intent. In any judicial or administrative proceeding in a compacting  state  pertaining to  the  subject  matter  of  this  compact which may affect the powers,  responsibilities or actions of the interstate commission, the interstate commission shall be entitled to receive all service of  process  in  any such  proceeding, and shall have standing to intervene in the proceeding for all purposes.  (b)  Dispute  resolution.  The  compacting  states shall report to the interstate commission on issues or activities of concern  to  them,  and cooperate with and support the interstate commission in the discharge of its duties and responsibilities.   The  interstate  commission  shall  attempt to resolve any disputes or other issues which are subject to the compact and which may arise  among compacting states and non-compacting states.   The  interstate  commission  shall enact a by-law or promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.  (c) Enforcement. The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions of  this  compact  using any  or  all  means  set  forth in article XII, subdivision (b), of this compact.                                 ARTICLE X                                  FINANCE   The interstate commission shall pay or provide for the payment of  the reasonable  expenses  of  its  establishment,  organization  and ongoing activities.   The  interstate  commission  shall  levy  on  and  collect  an  annual assessment  from each compacting state to cover the cost of the internal operations and activities of the interstate  commission  and  its  staff which  must  be  in  a  total  amount sufficient to cover the interstate commission's annual budget as approved each year. The  aggregate  annual assessment  amount  shall  be  allocated  based  upon  a  formula  to be determined by the interstate commission, taking into  consideration  the population  of  the  state  and  the  volume  of  interstate movement of offenders in each compacting state and shall promulgate a  rule  binding upon compacting states which governs said assessment.   The  interstate commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the  same;  nor  shall  the interstate commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.   The interstate commission shall keep accurate accounts of all receipts and  disbursements.  The  receipts  and  disbursements of the interstate commission shall be subject  to  the  audit  and  accounting  procedures established  under  its by-laws. However, all receipts and disbursements of funds handled by the interstate commission shall be audited yearly by a certified or licensed public accountant and the report  of  the  audit shall  be  included  in  and  become  part  of  the annual report of the interstate commission.                                ARTICLE XI              COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT   Any state, as defined in article II of this compact,  is  eligible  to become  a  compacting  state.  The  compact  shall  become effective and binding upon legislative enactment of the compact into law  by  no  less than  thirty-five of the states. The initial effective date shall be the later of July first, two thousand three, or upon enactment into  law  by the  thirty-fifth jurisdiction. Thereafter it shall become effective and binding, as to any other compacting state and in the state of New  York, upon  enactment  of the compact into law by that state. The governors of non-member states or their designees will be invited to  participate  in interstate commission activities on a non-voting basis prior to adoption of the compact by all states and territories of the United States.    Amendments to the compact may be proposed by the interstate commission for  enactment  by  the  compacting  states.  No  amendment shall become effective and binding upon the interstate commission and the  compacting states  unless  and until it is enacted into law by unanimous consent of the compacting states.                                ARTICLE XII         WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT  (a)  Withdrawal.  Once  effective, the compact shall continue in force and remain binding upon each and every compacting state; provided,  that a  compacting  state may withdraw from the compact ("withdrawing state") by enacting a statute specifically repealing the statute  which  enacted the compact into law.   The effective date of withdrawal is the effective date of the repeal.   The  withdrawing state shall immediately notify the chairperson of the interstate commission in writing upon the  introduction  of  legislation repealing   this  compact  in  the  withdrawing  state.  The  interstate commission shall notify the other compacting states of  the  withdrawing state's intent to withdraw within sixty days of its receipt thereof.   The  withdrawing state is responsible for all assessments, obligations and liabilities incurred  through  the  effective  date  of  withdrawal, including  any  obligations,  the performance of which extend beyond the effective date of withdrawal. Reinstatement following withdrawal of  any compacting  state  shall occur upon the withdrawing state reenacting the compact or  upon  such  later  date  as  determined  by  the  interstate commission.  (b)   Default.  If  the  interstate  commission  determines  that  any compacting state has at any time defaulted ("defaulting state")  in  the performance  of  any  of  its obligations or responsibilities under this compact, the by-laws  or  any  duly  promulgated  rules  the  interstate commission may impose any or all of the following penalties:   1.  Fines,  fees  and  costs  in  such  amounts  as  are  deemed to be reasonable as fixed by the interstate commission;   2. Remedial training and  technical  assistance  as  directed  by  the interstate commission;   3. Suspension and termination of membership in the compact. Suspension shall  be  imposed  only  after  all  other reasonable means of securing compliance under the by-laws and rules have  been  exhausted.  Immediate notice  of suspension shall be given by the interstate commission to the governor, the chief justice or chief judicial officer of the state,  the majority and minority leaders of the defaulting state's legislature, and the state council.   The  grounds for default include, but are not limited to, failure of a compacting state to perform such obligations or responsibilities imposed upon  it  by  this  compact,  interstate  commission  by-laws,  or  duly promulgated  rules.  The  interstate commission shall immediately notify the defaulting state in writing of the penalty imposed by the interstate commission on the defaulting state pending a cure of  the  default.  The interstate commission shall stipulate the conditions and the time period within  which  the  defaulting  state  must  cure  its  default.  If the defaulting state fails to  cure  the  default  within  the  time  period specified  by  the  interstate  commission,  in  addition  to  any other penalties imposed herein, the defaulting state may  be  terminated  from the  compact  upon  an  affirmative vote of a majority of the compacting states and all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of suspension. Within  sixty days  of  the  effective  date of termination of a defaulting state, the interstate commission shall notify the governor, the  chief  justice  or chief  judicial  officer,  the  majority  and  minority  leaders  of the  defaulting  state's  legislature,  and  the  state   council   of   such termination.   The  defaulting  state is responsible for all assessments, obligations and liabilities incurred  through  the  effective  date  of  termination including  any  obligations, the performance of which extends beyond the effective date of termination.   The interstate commission shall not bear any  costs  relating  to  the defaulting  state  unless  otherwise  mutually  agreed  upon between the interstate commission and the defaulting state.   Reinstatement following termination of any compacting  state  requires both  a  reenactment  of  the  compact  by  the defaulting state and the approval of the interstate commission pursuant to the rules.  (c) Judicial enforcement. The interstate commission may,  by  majority vote of the members, initiate legal action in the United States District Court  for  the  District  of  Columbia  or,  at  the  discretion of the interstate commission, in the  federal  district  where  the  interstate commission  has its offices to enforce compliance with the provisions of the compact,  its  duly  promulgated  rules  and  by-laws,  against  any compacting  state  in  default.  In  the  event  judicial enforcement is necessary the prevailing party  shall  be  awarded  all  costs  of  such litigation including reasonable attorneys' fees.  (d)  Dissolution  of compact. The compact dissolves effective upon the date of the withdrawal or default of the compacting state which  reduces membership in the compact to one compacting state.   Upon  the  dissolution  of  this compact, the compact becomes null and void and shall be of no further force or effect, and  the  business  and affairs  of  the interstate commission shall be wound up and any surplus funds shall be distributed in accordance with the by-laws.                               ARTICLE XIII                       SEVERABILITY AND CONSTRUCTION   The provisions of this compact shall be severable, and if any  phrase, clause,  sentence  or  provision  is deemed unenforceable, the remaining provisions of the compact shall be enforceable.   The provisions of this  compact  shall  be  liberally  constructed  to effectuate its purposes.                                ARTICLE XIV                 BINDING EFFECT OF COMPACT AND OTHER LAWS  (a)  Other  laws.  Nothing in this compact prevents the enforcement of any other law of a compacting state that is not inconsistent  with  this compact.   All   compacting  states'  laws  conflicting  with  this  compact  are superseded to the extent of the conflict.  (b)  Binding  effect  of  the  compact.  All  lawful  actions  of  the interstate  commission,  including  all rules and by-laws promulgated by the interstate commission, are binding upon the compacting states.   All agreements between the interstate commission  and  the  compacting states are binding in accordance with their terms.   Upon   the   request  of  a  party  to  a  conflict  over  meaning  or interpretation of interstate commission actions,  and  upon  a  majority vote  of  the  compacting  states,  the  interstate commission may issue advisory opinions regarding such meaning or interpretation.   In the event any provision of this compact exceeds the  constitutional limits   imposed  on  the  legislature  of  any  compacting  state,  the obligations, duties, powers or jurisdiction sought to  be  conferred  by such  provision  upon the interstate commission shall be ineffective and such obligations, duties, powers or jurisdiction  shall  remain  in  the compacting  state  and shall be exercised by the agency thereof to which  such obligations, duties, powers or jurisdiction are delegated by law in effect at the time this compact becomes effective.   * NB Repealed September 1, 2023