HRS §353B-1 Terms and provisions of compact
353B-1. Terms and provisions of compact
The interstate compact for the supervision of adult offenders is hereby entered into and enacted into law with all jurisdictions legally joining therein, in form substantially as follows:
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 hereunder, 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; 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 noncompliance; 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 hereunder. 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 are therefore public business.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context
clearly requires a different construction:
"Adult" means both individuals
legally classified as adults and juveniles treated as adults by court order,
statute, or operation of law.
"Bylaws" means those bylaws
established by the interstate commission for its governance, or for directing
or controlling the interstate commission's actions or conduct.
"Commissioner" means the voting
representative of each compacting state appointed pursuant to Article III of
this compact.
"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.
"Compacting state" means any state
which has enacted the enabling legislation for this compact.
"Interstate commission" means the
interstate commission for adult offender supervision established by this
compact.
"Member" means the commissioner of a
compacting state or designee, who shall be a person officially connected with
the commissioner.
"Noncompacting state" means any state
which has not enacted the enabling legislation for this compact.
"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.
"Person" means any individual,
corporation, business enterprise, or other legal entity, either public or
private.
"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.
"State" means a state of the United
States, the District of Columbia and any other territorial possessions of the
United States.
"State council" means the resident
members of the state council for interstate adult offender supervision created
by each state under Article III of this compact.
ARTICLE
III
THE
COMPACT COMMISSION
(a) 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 herein, 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.
(b) 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. The noncommissioner members must include
a member of the national organizations of governors, legislators, state chief
justices, attorneys general and crime victims. All noncommissioner members of
the interstate commission shall be ex officio (nonvoting) members. The
interstate commission may provide in its bylaws for such additional, ex
officio, nonvoting members, as it deems necessary.
(c) 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 bylaws 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.
(d) The interstate commission shall establish
an executive committee, which shall include commission officers, members and
others as shall be determined by the bylaws. The executive committee shall
have the power to act on behalf of the interstate commission during periods
when the interstate commission is not in session, with the exception of
rulemaking 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 bylaws and as directed by the interstate commission, and
performs other duties as directed by commission or set forth in the bylaws.
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
this capacity pursuant to applicable law of the member state. While each
member state may determine the membership of its own state council, its membership
shall 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.
ARTICLE V
POWERS AND
DUTIES OF THE INTERSTATE COMMISSION
The interstate commission shall have the
following powers:
(1) To adopt a seal and suitable bylaws governing the
management and operation of the interstate commission;
(2) To adopt rules which 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 offenders subject to the terms of this compact and any
bylaws and rules adopted by the compact commission;
(4) To enforce compliance with compact provisions,
interstate commission rules, and bylaws, using all necessary and proper means,
including but not limited to, the use of judicial process;
(5) To establish and maintain offices;
(6) To purchase and maintain insurance and bonds;
(7) To borrow, accept, or contract for services of
personnel, including, but not limited to, members and their staffs;
(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, among other things,
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 same;
(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 X of this compact;
(14) To sue and be sued;
(15) To provide for dispute resolution among
compacting states;
(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. The
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 offenders for officials involved
in such activity; and
(19) To establish uniform standards for the reporting,
collecting, and exchanging of data.
ARTICLE VI
ORGANIZATION
AND OPERATION OF THE INTERSTATE COMMISSION
Section A. Bylaws. The interstate
commission shall, by a majority of its members, within twelve months of the
first interstate commission meeting, adopt bylaws to govern its conduct as may
be necessary or appropriate to carry out the purposes of the compact,
including, but not limited to:
(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 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 bylaws 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.
Section B. Officers and staff. The
interstate commission, by a majority of the members, shall elect from among its
members a chairperson and a vice chairperson, each of whom shall have
authorities and duties as may be specified in the bylaws. The chairperson or,
in the chairperson's absence or disability, the vice chairperson, shall preside
at all meetings of the interstate commission. The officers so elected shall
serve without compensation or remuneration from the interstate commission;
provided that, subject to the availability of budgeted funds, the officers
shall be reimbursed for any 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, through its
executive committee, shall appoint or retain an executive director upon terms
and conditions and for 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.
Section C. Corporate records of the
interstate commission. The interstate commission shall maintain its
corporate books and records in accordance with the bylaws.
Section D. Qualified immunity, defense and
indemnification. (a) 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 caused 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 paragraph 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 person. The interstate
commission shall defend the commissioner of a compacting state, the
chairperson's 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.
(b) 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 them
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 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
(a) The interstate commission shall meet and
take actions consistent with the provisions of this compact.
(b) Except as otherwise provided in this
compact and unless a greater percentage is required by the bylaws, in order to
constitute an act of the interstate commission, the 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.
(c) 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 bylaws 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.
(d) 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.
(e) The interstate commission's bylaws shall
establish conditions and procedures under which the interstate commission shall
make its information and official records available to the public for
inspection or copying. The interstate commission may exempt from disclosure
any information or official records to the extent they would adversely affect
personal privacy rights or proprietary interests. In adopting 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.
(f) 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 adopt 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 two-thirds vote that an open
meeting would be likely to:
(1) Relate solely to the interstate commission's
internal personnel practices and procedures;
(2) Disclose matters specifically exempted from
disclosure by statute;
(3) Disclose trade secrets or commercial or financial
information which is privileged or confidential;
(4) Involve accusing any person of a crime, or
formally censuring any person;
(5) Disclose information of a personal nature where
disclosure would constitute a clearly unwarranted invasion of personal privacy;
(6) Disclose investigatory records compiled for law
enforcement purposes;
(7) Disclose information contained in or related to
examination, operating or condition reports prepared by, or on behalf of or for
the use of, the interstate commission with respect to a regulated entity for
the purpose of regulation or supervision of such entity;
(8) Disclose information, the premature disclosure of
which would significantly endanger the life of a person or the stability of a
regulated entity; or
(9) 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 provision,
the interstate commission's chief legal officer shall publicly certify that, in
the officer's opinion, the meeting may be closed to the public, and shall
reference each relevant exemption. The interstate commission shall keep
minutes which shall fully and clearly describe all matters discussed in any
meeting and shall provide a full and accurate summary of any actions taken, and
the reasons therefor, including a description of each of the views expressed on
any item and the record of any roll call vote (reflected in the vote of each
member on the question). All documents considered in connection with any
action shall be identified in such minutes.
(g) The interstate commission shall collect
standardized data concerning the interstate movement of offenders as directed
through its bylaws 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
(a) 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.
(b) Rulemaking shall occur pursuant to the
criteria set forth in this article and the bylaws and rules adopted pursuant
thereto. Such rulemaking shall substantially conform to the principles of the
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 "APA"). All rules and amendments shall become
binding as of the date specified in each rule or amendment.
(c) 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 the rule shall have no further
force and effect in any compacting state.
When promulgating a rule, the interstate
commission shall:
(1) Publish the proposed rule stating with
particularity the text of the rule which is proposed and the reason for the
proposed rule;
(2) Allow persons to submit written data, facts,
opinions and arguments, which information shall be publicly available;
(3) Provide an opportunity for an informal hearing;
and
(4) Adopt a final rule and its effective date, if
appropriate, based on the rulemaking record.
(d) 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'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 (as used 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 shall 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 superseded by this Act shall be void twelve months after
the first meeting of the interstate commission created hereunder.
Upon determination by the interstate commission
that an emergency exists, it may adopt an emergency rule which shall become
effective immediately upon adoption, provided that the usual rulemaking
procedures provided hereunder shall be retroactively applied to that 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
Section 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
noncompacting 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.
Section 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 noncompacting states.
The interstate commission shall enact a bylaw
or adopt a rule providing for both mediation and binding dispute resolution for
disputes among the compacting states.
Section 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,
Section B, of this compact.
ARTICLE X
FINANCE
(a) The interstate commission shall pay or
provide for the payment of the reasonable expenses of its establishment,
organization, and ongoing activities.
(b) The interstate commission shall levy on
and collect an annual assessment from each compacting state to cover the cost
of the internal operations and activities of the interstate commission and its
staff which shall 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 adopt a rule binding upon all compacting states which governs
the assessment.
(c) The interstate commission shall not incur
any obligations of any kind prior to securing the funds adequate to meet them;
nor shall the interstate commission pledge the credit of any of the compacting
states, except by and with the authority of the compacting state.
(d) The interstate commission shall keep
accurate accounts of all receipts and disbursements. The receipts and
disbursements of the interstate commission shall be subject to the audit and
accounting procedures established under its bylaws. However, all receipts and
disbursements of funds handled by the interstate commission shall be audited
yearly by a certified or licensed public accountant and the report of the audit
shall be included in and become part of the annual report of the interstate
commission.
ARTICLE XI
COMPACTING
STATES, EFFECTIVE DATE AND AMENDMENT
Any state, as defined in 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 1, 2001, 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
noncompacting states or their designees will be invited to participate in
interstate commission activities on a nonvoting 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 until it is enacted into law by unanimous consent of the
compacting states.
ARTICLE
XII
WITHDRAWAL,
DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT
Section A. Withdrawal. (a) 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.
(b) The effective date of withdrawal is the
effective date of the repeal.
(c) 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.
(d) 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.
(e) 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. Default. (a) 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 bylaws or any duly
promulgated rules, the interstate commission may impose any or all of the
following penalties:
(1) Fines, fees and costs in amounts as are deemed
reasonable by the interstate commission;
(2) Remedial training and technical assistance as
directed by the interstate commission; and
(3) Suspension and termination of membership in the
compact.
(b) Suspension shall be imposed only after all
other reasonable means of securing compliance under the bylaws and rules have
been exhausted. Immediate notice of suspension shall be given by the
interstate commission to the governor, the chief justice of the state; the
majority and minority leaders of the defaulting state's legislature, and the
state council.
(c) 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 bylaws,
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 and the
majority and minority leaders of the defaulting state's legislature and the
state council of such termination.
(d) 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.
Section C. Judicial enforcement. The
interstate commission, by majority vote of the members, may initiate legal
action in the United States District Court for the District of Columbia or, at
the discretion of the interstate commission, in the federal district where the
interstate commission has its offices to enforce compliance with the provisions
of the compact, its duly promulgated rules and bylaws, against any compacting
state in default. In the event judicial enforcement is necessary the
prevailing party shall be awarded all costs of such litigation including
reasonable attorneys fees.
Section 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 void and
shall be of no further 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 bylaws.
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
Section A. Other laws. Nothing herein
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.
Section B. Binding-effect of the compact.
(a) All lawful actions of the interstate commission, including all rules and
bylaws promulgated by the interstate commission, are binding upon the
compacting states.
(b) All agreements between the interstate
commission and the compacting states are binding in accordance with their
terms.
(c) 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.
(d) 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 those provisions upon the interstate commission shall be ineffective and
those obligations, duties, powers, or jurisdiction shall remain in the
compacting state and shall be exercised by the agency thereof to which the
obligations, duties, powers, or jurisdiction are delegated by law in effect at
the time this compact becomes effective.
[L 2000, c 185, pt of §1]