Ind. Code ch. 25-33.5-12

in effect

Ind. Code § 25-33.5-12-1 Compact enforcement; compact standing as statutory law; judicial notice; service of process; intervention

Sec. 1. (a) The executive, legislative, and judicial branches of state government in each compact state shall enforce the compact and take all actions necessary and appropriate to effectuate the compact's purposes and intent. (b) The provisions of this compact and the rules promulgated under the compact shall have standing as statutory law. (c) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a compact state pertaining to the subject matter of the compact that may affect the powers, responsibilities, or actions of the commission. (d) The commission shall be entitled to receive service of process in any proceeding, and shall have standing to intervene in the proceeding for all purposes. Failure to provide service of process to the commission shall render a judgment or order void as to the commission, this compact, or promulgated rules. As added by P.L.65-2022, SEC.2.

Ind. Code § 25-33.5-12-2 Default; termination from compact

Sec. 2. (a) If the commission determines that a compact state has defaulted in the performance of the compact state's obligations or responsibilities under this compact or the promulgated rules, the commission shall provide the following: (1) Written notice to the defaulting state and other compact states of the nature of the default, the proposed means of remedying the default, and any other action to be taken by the commission. (2) Remedial training and specific technical assistance concerning the default. (b) If a state in default fails to remedy the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the compact states, and all rights, privileges, and benefits conferred by this compact shall be terminated on the effective date of termination. A remedy of the default does not relieve the offending state of obligations or liabilities incurred during the period of default. As added by P.L.65-2022, SEC.2.

Ind. Code § 25-33.5-12-3 Terminating membership; notice of intent; responsibility for obligations after termination

Sec. 3. (a) Termination of membership in the compact shall be imposed only after all means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be submitted by the commission to the governor, the majority and minority leaders of the defaulting state's legislature, and each of the compact states. (b) A compact state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of the termination, including obligations that extend beyond the effective date of termination. As added by P.L.65-2022, SEC.2.

Ind. Code § 25-33.5-12-4 Commission responsibility for costs incurred

Sec. 4. The commission shall not bear any costs incurred by the state that is found to be in default or that has been terminated from the compact unless agreed upon in writing by the commission and defaulting state. As added by P.L.65-2022, SEC.2.

Ind. Code § 25-33.5-12-5 Appeal; costs and attorney's fees

Sec. 5. The defaulting state may appeal the action of the commission by petitioning the United States District Court for the state of Georgia or the federal district where the compact has the compact's principal offices. The prevailing member shall be awarded all costs of the litigation, including reasonable attorney's fees. As added by P.L.65-2022, SEC.2.

Ind. Code § 25-33.5-12-6 Dispute resolution

Sec. 6. (a) Upon request by a compact state, the commission shall attempt to resolve disputes that arise concerning the compact among compact states and between compact and noncompact states. (b) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes that arise before the commission. As added by P.L.65-2022, SEC.2.

Ind. Code § 25-33.5-12-7 Commission enforcement of compact provisions and rules

Sec. 7. The commission, in the reasonable exercise of the commission's discretion, shall enforce the provisions and rules of the compact. As added by P.L.65-2022, SEC.2.

Ind. Code § 25-33.5-12-8 Legal action by commission against state in default; relief

Sec. 8. (a) By a majority vote, the commission may initiate legal action in the United States District Court for the state of Georgia or the federal district where the compact has the compact's principal offices against a compact state in default to enforce compliance with the provisions of the compact and the commission's promulgated rules and bylaws. (b) The relief sought may include both injunctive relief and damages. (c) If judicial enforcement is necessary, the prevailing member shall be awarded all costs of the litigation, including reasonable attorney's fees. As added by P.L.65-2022, SEC.2.

Ind. Code § 25-33.5-12-9 Remedies not exclusive

Sec. 9. The remedies in this chapter shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law. As added by P.L.65-2022, SEC.2.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/25Fetched: 10/17/2026