Compact for juveniles
N.D. Cent. Code § 12-66-01
in effect12-66-01. Compact for juveniles
This interstate compact for juveniles is entered with all jurisdictions legally joining the
compact in the form substantially as follows:
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 the United States Congress, by enacting the Crime
Control Act [Pub. L. 89-554; 80 Stat. 608; 4 U.S.C. 112] 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 that 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 against juvenile offenders before
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 are the formation of
public policies and therefore are public business, and 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 must 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 requires otherwise:
1. "Bylaws" means those bylaws established by the commission for its governance, or for
directing or controlling its actions or conduct.
2. "Commission" means the interstate commission for juveniles created by article 3 of this
compact.
3. "Commissioner" means the voting representative of each compacting state appointed
pursuant to article 3 of this compact.
4. "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 commission, and policies adopted by the state
council under this compact.
5. "Compacting state" means any state that has enacted the enabling legislation for this
compact.
6. "Court" means any court having jurisdiction over delinquent, neglected, or dependent
children.
7. "Deputy compact administrator" means the individual, if any, in each compacting state
appointed to act on behalf of a compact administrator.
8. "Juvenile" means any individual defined as a juvenile in any member state or by the
rules of the interstate commission, including:
a. An accused delinquent, who is an individual charged with an offense that, if
committed by an adult, would be a criminal offense;
b. An adjudicated delinquent, who is an individual found to have committed an
offense that, if committed by an adult, would be a criminal offense;
c. An accused status offender, who is an individual charged with an offense that
would not be a criminal offense if committed by an adult;
d. An adjudicated status offender, who is an individual found to have committed an
offense that would not be a criminal offense if committed by an adult; and
e. A nonoffender, who is an individual in need of supervision who has not been
accused or adjudicated a status offender or delinquent.
9. "Noncompacting state" means any state that 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 laws of the compacting states.
11. "State" means a state of the United States, the District of Columbia, or its designee,
the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American
Samoa, and the Northern Marianas Islands.
ARTICLE III - INTERSTATE COMMISSION FOR JUVENILES
1. The compacting states create the interstate commission for juveniles. The commission
is a body corporate and joint agency of the compacting states. The commission has all
the responsibilities, powers, and duties set forth in this compact, and any 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 commission consists 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. The
commissioner is the compact administrator, deputy compact administrator, or designee
from that state who serves on the commission in that 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
commission must include individuals who are not commissioners, but who are
members of interested organizations. The noncommissioner members 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 commission are nonvoting
members. The commission may provide in its bylaws for other additional nonvoting
members, including members of other national organizations, in those numbers as
determined by the commission.
4. Each compacting state represented at any meeting of the commission is entitled to
one vote. A majority of the compacting states constitutes a quorum for the transaction
of business, unless a larger quorum is required by the bylaws of the commission.
5. The commission shall meet at least once each calendar year. The chairman may call
additional meetings and, upon the request of a simple majority of the compacting
states, shall call additional meetings. Public notice must be given of all meetings and
meetings must be open to the public.
6. The commission shall establish an executive committee that includes commission
officers, members, and others as determined by the bylaws. The executive committee
shall act on behalf of the commission during periods when the commission is not in
session, with the exception of rulemaking or amendment to the compact. The
executive committee oversees the day-to-day activities of the administration of the
compact managed by an executive director and commission staff; administers
enforcement and compliance with the provisions of the compact, its bylaws and rules,
and performs any other duties as directed by the commission or set forth in the
bylaws.
7. Each member of the commission is entitled 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 may 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 bylaws may provide for members' participation in meetings by telephone or other
means of telecommunication or electronic communication.
8. The commission's bylaws must establish conditions and procedures under which the
commission makes its information and official records available to the public for
inspection or copying. The commission may exempt from disclosure any information or
official records to the extent the information or records would adversely affect personal
privacy rights or proprietary interests.
9. Public notice must be given of all meetings and all meetings are open to the public,
except as set forth in the rules or as otherwise provided in the compact. The
commission and any of its committees may close a meeting to the public when it
determines by two-thirds vote that an open meeting would be likely to:
a. Relate solely to the 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 that 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 commission with respect
to a regulated person for the purpose of regulation or supervision of that person;
h. Disclose information, the premature disclosure of which would significantly
endanger the stability of a regulated person; or
i. Specifically relate to the commission's issuance of a subpoena or its participation
in a legal proceeding.
10. For every meeting closed pursuant to this provision, the 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 commission
shall keep minutes that 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. All documents considered in connection with any action
must be identified in the minutes.
11. The 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. The methods of
data collection, exchange, and reporting, insofar as is reasonably possible, must
conform to up-to-date technology and coordinate its information functions with the
appropriate repository of records.
ARTICLE IV - POWERS AND DUTIES OF THE COMMISSION
The commission has the following powers and duties:
1. To provide for dispute resolution among compacting states.
2. To adopt rules to effect the purposes and obligations as enumerated in this compact,
which have the force and effect of law and are 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 bylaws adopted and rules adopted by the
commission.
4. To enforce compliance with the compact provisions, the rules adopted by the
commission, and the bylaws, using all necessary and proper means, including the use
of judicial process.
5. To establish and maintain offices located within one 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 it determines necessary for the
carrying out of its functions, including an executive committee as required by article 3,
which has the power to act on behalf of the commission in carrying out its powers and
duties under this compact.
9. To elect or appoint officers, attorneys, employees, agents, or consultants, and to fix
their compensation, define their duties, and determine their qualifications, and to
establish the commission's personnel policies and programs relating to conflicts of
interest, rates of compensation, and qualifications of personnel.
10. To accept, use, and dispose of donations and grants of money, equipment, supplies,
materials, and services.
11. To lease, purchase, accept contributions or donations of, or otherwise to own, hold,
improve, or use any property.
12. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
any property.
13. To establish a budget and make expenditures and levy dues as provided in article 8 of
this compact.
14. To sue and be sued.
15. To adopt a seal and bylaws governing the management and operation of the
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 commission during the preceding
year. Reports must include any recommendations that may have been adopted by the
commission.
18. To coordinate education, training, and public awareness regarding the interstate
movement of juveniles for officials involved in that activity.
19. To establish uniform standards of the reporting, collecting, and exchanging of data.
20. To maintain its corporate books and records in accordance with the bylaws.
ARTICLE V - ORGANIZATION AND OPERATION OF THE COMMISSION
1. The commission, by a majority of the members present and voting, within twelve
months after the first commission meeting, shall adopt bylaws to govern its conduct as
may be necessary or appropriate to carry out the purposes of the compact, including:
a. Establishing the fiscal year of the commission;
b. Establishing an executive committee and any other committee as may be
necessary;
c. Providing 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
commission and ensuring reasonable notice of each meeting;
e. Establishing the titles and responsibilities of the officers of the commission;
f. Providing a mechanism for concluding the operations of the 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 startup rules for initial administration of the compact; and
h. Establishing standards and procedures for compliance and technical assistance
in carrying out the compact.
2. The commission, by a majority of the members, shall elect annually from among its
members a chairman and a vice chairman, each of whom has the authority and duties
as may be specified in the bylaws. The chairman or, in the chairman's absence or
disability, the vice chairman shall preside at all meetings of the commission. The
officers so elected serve without compensation or remuneration from the commission,
provided that, subject to the availability of budgeted funds, the officers are 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.
3. The commission, through its executive committee, shall appoint or retain an executive
director for a period, upon the terms and conditions, and for the compensation as the
commission determines appropriate. The executive director shall serve as secretary to
the commission, but may not be a member, and shall hire and supervise any other
staff as may be authorized by the commission.
4. a. The commission's executive director and employees are 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 the
person had a reasonable basis for believing occurred within the scope of
commission employment, duties, or responsibilities; provided, that the individual
is not protected from suit or liability for any damage, loss, injury, or liability caused
by the intentional or willful and wanton misconduct.
b. The liability of any commissioner, or the employee or agent of a commissioner,
acting within the scope of that individual's employment or duties for acts, errors,
or omissions occurring within that individual'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. This subdivision does not protect any individual from suit
or liability for any damage, loss, injury, or liability caused by the intentional or
willful and wanton misconduct of that individual.
c. The commission shall defend the executive director or the employees or
representatives of the commission and, subject to the approval of the attorney
general of the state represented by any commissioner of a compacting state,
shall defend the 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 commission
employment, duties, or responsibilities, or that the defendant had a reasonable
basis for believing occurred within the scope of 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 that
individual.
d. The commission shall indemnify and hold the commissioner of a compacting
state, or the commissioner's representatives or employees, or the commission's
representatives or employees, harmless in the amount of any settlement or
judgment obtained against the individuals arising out of any actual or alleged act,
error, or omission that occurred within the scope of commission employment,
duties, or responsibilities, or that the individuals had a reasonable basis for
believing occurred within the scope of commission employment, duties, or
responsibilities, provided that the actual or alleged act, error, or omission did not
result from the intentional or willful and wanton misconduct on the part of the
individuals.
ARTICLE VI - RULEMAKING FUNCTIONS OF THE COMMISSION
1. The commission shall adopt and publish rules to effectively and efficiently achieve the
purposes of the compact.
2. Rulemaking must occur pursuant to the criteria set forth in this article and the bylaws
and rules adopted pursuant to this article. The rulemaking must substantially conform
to the principles of the Model State Administrative Procedures Act, 1981 Act, Uniform
Laws Annotated, Vol. 15, p.1 (2000), or any other administrative procedures act, as the
interstate commission deems appropriate consistent with due process requirements
under the Constitution of the United States. All rules and amendments become binding
as of the date specified, as published with the final version of the rule as approved by
the commission.
3. When adopting a rule, the commission shall:
a. Publish the proposed rule's entire text stating the reason for that proposed rule;
b. Allow and invite any person to submit written data, facts, opinions, and arguments
which must be added to the record, and be made publicly available;
c. Provide an opportunity for an informal hearing if petitioned by ten or more
persons; and
d. Adopt a final rule and its effective date, if appropriate, based on comment from
interested parties or state or local officials.
4. Not later than sixty days after a rule is adopted, 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 commission's principal office is located for judicial review of the
rule. If the court finds that the 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, by
enactment of a statute or resolution in the same manner used to adopt the compact,
may cause that the rule has 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 act are void twelve months after the first meeting of the
commission.
7. Upon determination by the commission that a state of emergency exists, the
commission may adopt an emergency rule that becomes effective immediately upon
adoption, provided that the usual rulemaking procedures provided in this article are
retroactively applied to the rule as soon as reasonably possible, but no later than
ninety days after the effective date of the emergency rule.
ARTICLE VII - OVERSIGHT, ENFORCEMENT,
AND DISPUTE RESOLUTION BY THE COMMISSION
1. The commission shall oversee the administration and operations of the interstate
movement of juveniles subject to this compact in the compacting states and shall
monitor those 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. This compact and the rules adopted under this
compact must 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 must 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, the commission is entitled to receive all service of
process in the proceeding, and has standing to intervene in the proceeding for all
purposes.
3. The compacting states shall report to the 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 bylaws and rules.
4. The commission shall attempt, upon the request of a compacting state, to resolve any
disputes or other issues that are subject to the compact and which may arise among
compacting states and between compacting and noncompacting states. The
commission shall adopt a rule providing for both mediation and binding dispute
resolution for disputes among the compacting states.
5. The 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 11 of this
compact.
ARTICLE VIII - FINANCE
1. The commission shall pay or provide for the payment of the reasonable expenses of
its establishment, organization, and ongoing activities.
2. The 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
commission and the commission's staff, which must be in a total amount sufficient to
cover the commission's annual budget as approved each year. The aggregate annual
assessment amount must be allocated based upon a formula to be determined by the
commission, taking into consideration the population of each compacting state and the
volume of interstate movement of juveniles in each compacting state and shall adopt a
rule binding upon all compacting states which governs the assessment.
3. The commission may not incur any obligations of any kind before securing the funds
adequate to meet the obligations, nor may the commission pledge the credit of any of
the compacting states, except by and with the authority of the compacting state.
4. The commission shall keep accurate accounts of all receipts and disbursements. The
receipts and disbursements of the commission are subject to the audit and accounting
procedures established under its bylaws. However, all receipts and disbursements of
funds handled by the commission must be audited yearly by a certified or licensed
public accountant and the report of the audit must be included in and become part of
the annual report of the commission.
ARTICLE IX - COMPACT ADMINISTRATOR AND STATE COUNCIL
1. The director of the department of corrections and rehabilitation, or the director's
designee, shall serve as the compact administrator for this state's commissioner to the
commission.
2. The North Dakota state council for interstate juvenile supervision is established,
consisting of seven members. The director of the department of corrections and
rehabilitation, or the director's designee, is a member of the state council and serves
as chairman. Of the remaining members of the state council:
a. The governor shall appoint three members, one of whom must represent a crime
victim's organization; and
b. The chief justice of the supreme court shall appoint one member and the
chairman of the legislative council shall appoint one member from the house of
representatives and one member from the senate.
3. The term of office of a member is four years.
4. The state council shall meet at least twice a year.
5. The state council may advise the compact administrator on participation in the
commission activities and administration of the compact.
6. Members of the state council are entitled to expenses as provided in sections
44-08-04 and 54-06-09. Legislative assembly members also are entitled to
compensation at the rate provided in section 54-35-10.
ARTICLE X - COMPACTING STATES, EFFECTIVE DATE, AND AMENDMENT
1. Any state is eligible to become a compacting state.
2. The compact becomes effective and binding upon legislative enactment of the
compact into law by no less than thirty-five states. The initial effective date is the later
of July 1, 2004, or upon enactment into law by the thirty-fifth jurisdiction. Thereafter,
the compact becomes 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 must be invited to participate in the activities of the commission on a
nonvoting basis before the adoption of the compact by all states and territories of the
United States.
3. The commission may propose amendments to the compact for enactment by the
compacting states. An amendment does not become effective and binding upon the
commission and the compacting states until it is enacted into law by unanimous
consent of the compacting states.
ARTICLE XI - WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT
1. Once effective, the compact continues in force and remains binding upon every
compacting state, but a compacting state may withdraw from the compact by
specifically repealing the statute that enacted the compact into law. The effective date
of withdrawal is the effective date of the repeal. The withdrawing state shall notify the
chairman of the commission in writing upon the introduction of legislation repealing this
compact in the withdrawing state. The commission shall notify the other compacting
states of the withdrawing state's intent to withdraw within sixty days of receipt of the
notice. 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 occurs upon the
withdrawing state re-enacting the compact or upon a later date as determined by the
interstate commission.
2. If the 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
bylaws or rules of the commission, the commission may impose any or all of the
following penalties:
a. Remedial training and technical assistance as directed by the commission;
b. Alternative dispute resolution;
c. Fines, fees, and costs in those amounts as are determined to be reasonable as
fixed by the commission; and
d. Suspension or termination of membership in the compact, which may be imposed
only after all other reasonable means of securing compliance under the bylaws
and rules have been exhausted and the commission has determined that the
offending state is in default.
(1) Immediate notice of suspension must be given by the 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 failure of a compacting state to
perform the obligations or responsibilities imposed upon the state by this
compact, the bylaws, or rules and any other grounds designated in
commission bylaws and rules. The commission shall notify the defaulting
state in writing of the penalty imposed by the 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 must 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 must be
terminated from the effective date of termination.
(2) Within sixty 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 the 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 commission does not bear any
costs relating to the defaulting state unless otherwise mutually agreed upon
in writing between the commission and the defaulting state. Reinstatement
following termination of any compacting state requires both a re-enactment
of the compact by the defaulting state and the approval of the commission
pursuant to the rules.
3. The 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
commission, in the federal district where the commission has its offices, to enforce
compliance with the compact, its duly promulgated rules, and bylaws against any
compacting state in default. If judicial enforcement is necessary, the prevailing party
must be awarded all costs of the litigation, including reasonable attorney's fees.
4. 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 the business and
affairs of the commission must be concluded and any surplus funds must be
distributed in accordance with the bylaws.
ARTICLE XII - BINDING EFFECT OF COMPACT AND OTHER LAWS
1. This compact does not prevent the enforcement of any other law of a compacting state
which is consistent with this compact. All compacting states' laws other than the
Constitution of North Dakota and other interstate compacts conflicting with this
compact are superseded to the extent of the conflict.
2. All lawful actions of the commission, including all rules and bylaws adopted by the
commission, are binding upon the compacting states.
3. All agreements between the commission and the compacting states are binding in
accordance with their terms.
4. Upon the request of a party to a conflict over meaning or interpretation of commission
actions, and upon a majority vote of the compacting states, the commission may issue
advisory opinions regarding the meaning or interpretation.
5. 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 the provision upon the commission are ineffective and the
obligations, duties, powers, or jurisdiction remain in the compacting state and must be
exercised by the agency to which the obligations, duties, powers, or jurisdiction are
delegated by law in effect at the time this compact becomes effective.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t12c66.pdf#nameddest=12-66-01Fetched: 10/16/2026