H. B. 2705
(By Delegates Staton, Amores, Armstead, Fleischauer,
R. Thompson, Webb and Webster)
[Introduced January 27, 2003; referred to the
Committee on the Judiciary.]
A BILL to amend chapter twenty-eight of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new article, designated article seven,
relating to the supervision of adult offenders; and
authorizing and directing the governor to execute a compact
for the supervision of adult offenders.
Be it enacted by the Legislature of West Virginia:
That chapter twenty-eight of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article seven, to read
ARTICLE 7. INTERSTATE COMPACT FOR THE SUPERVISION OF ADULT
§28-7-1. Interstate compact for the supervision of adult
The governor of this state is authorized and directed to
execute a compact on behalf of the state of West Virginia with any state or states of the United States legally joining therein,
in form substantially as follows:
ARTICLE I. PURPOSE.
(a) 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. § 112 (1965), has authorized and
encouraged compacts for cooperative efforts and mutual assistance
in the prevention of crime.
(b) It is the purpose of this compact and the interstate
commission created hereunder, through means of joint and
cooperative action among the compacting states:
(1) 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
(2) To provide for the effective tracking, supervision, and
rehabilitation of these offenders by the sending and receiving
(3) To equitably distribute the costs, benefits and
obligations of the compact among the compacting states.
(c) In addition, this compact will:
(1) 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;
(2) 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;
(3) 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;
(4) Monitor compliance with rules governing interstate
movement of offenders and initiate interventions to address and
correct non-compliance; and
(5) Coordinate training and education regarding regulations
of interstate movement of offenders for officials involved in
(d) 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 by-laws
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.
(a) As used in this compact, unless the context clearly
requires a different construction:
(1) "Adult" means both individuals legally classified as
adults and juveniles treated as adults by court order, statute,
or operation of law.
(2) "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.
(3) "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.
(4) "Compacting state" means any state which has enacted the
enabling legislation for this compact.
(5) "Commissioner" means the voting representative of each compacting state appointed pursuant to article III of this
(6) "Interstate Commission" means the interstate commission
for adult offender supervision established by this compact.
(7) "Member" means the commissioner of a compacting state or
designee, who shall be a person officially connected with the
(8) "Non Compacting state" means any state which has not
enacted the enabling legislation for this compact.
(9) "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
(10) "Person" means any individual, corporation, business
enterprise, or other legal entity, either public or private.
(11) "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.
(12) "State" means a state of the United States, the
District of Columbia and any other territorial possessions of the
(13) "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 created 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; 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.
(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 by-laws of
the interstate commission.
(d) 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.
(e) 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 an 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.
(a) 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.
(b) 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.
(c) 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
ARTICLE V. POWERS AND DUTIES OF THE INTERSTATE COMMISSION.
The interstate commission shall have the following powers:
(1) To adopt a seal and suitable by-laws governing the
management and operation of the interstate commission;
(2) 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;
(3) 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
(4) 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
(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
(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
(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
(16) To perform such functions as may be necessary or
appropriate to achieve the purposes of this compact;
(17) To report annually to the legislatures, governors,
judiciary, and state councils of the compacting states concerning
the activities of the interstate commission during the preceding
year. Such reports shall also include any recommendations that
may have been adopted by the interstate commission;
(18) To coordinate education, training and public awareness
regarding the interstate movement of 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
Section 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
(2) Establishing an executive committee and such other
committees as may be necessary providing reasonable standards and
(i) For the establishment of committees, and
(ii) Governing any general or specific delegation of any
authority or function of the interstate commission;
(3) Providing reasonable procedures for calling and
conducting meetings of the interstate commission, and ensuring
reasonable notice of each such meeting;
(4) Establishing the titles and responsibilities of the
officers of the interstate commission;
(5) 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
(6) 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;
(7) Providing transition rules for "start up" administration
of the compact; and
(8) Establishing standards and procedures for compliance and
technical assistance in carrying out the compact.
Section B. Officers and Staff.
(a) 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.
(b) 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.
Section C. Corporate Records of the Interstate Commission.
The interstate commission shall maintain its corporate books
and records in accordance with the by-laws.
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 and/or liability for any
damage, loss, injury or liability caused by the intentional or
willful and wanton misconduct of any such person.
(b) 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 has 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
(c) 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 judgement
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.
(a) The interstate commission shall meet and take such
actions as are consistent with the provisions of this compact.
(b) 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
(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 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.
(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
(e) The interstate commission's by-laws 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
(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 promulgate rules consistent with the principals
contained in the "Government in Sunshine Act" 5 U.S.C. § 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
(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
(6) Disclose investigatory records compiled for law
(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; and
(9) Specifically relate to the interstate commission's
issuance of a subpoena or its participation in a civil action or
(g) For every meeting closed pursuant to this provision, 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 (effective in the vote of each member on the question).
All documents considered in connection with any action shall be
identified in such minutes.
(h) 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
ARTICLE VIII. RULEMAKING FUNCTIONS OF THE INTERSTATE
(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 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.
§ 551 et seq., and the Federal Advisory Committee Act, 5 U.S.C.
app. 2, § l 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 of 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
(1) Publish the proposed rule stating with particularity the
text of the rule which is proposed and the reason for the
(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) 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'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
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
(i) Notice to victims and opportunity to be heard;
(ii) Offender registration and compliance;
(iv) Transfer procedures and forms;
(v) Eligibility for transfer;
(vi) Collection of restitution and fees from offenders;
(vii) Data collection and reporting;
(viii) The level of supervision to be provided by the
(ix) 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
(x) Mediation, arbitration and dispute resolution.
(e) The existing rules governing the operation of the
previous compact superceded by this act shall be null and void
twelve months after the first meeting of the interstate
commission created hereunder.
(f) 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.
Section A. Oversight.
(a) 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.
(b) 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.
(a) 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 on the
discharge of its duties and responsibilities.
(b) 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
(c) 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.
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
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 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
all compacting states which governs said assessment.
(c) The interstate commission shall not incur any
obligations of any kind prior in 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.
(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 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.
(a) Any state, as defined in article II of this compact, is
eligible to become a compacting state.
(b) 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 the first day of July, two thousand and one, 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 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.
(c) 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
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
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 by-laws or any duly promulgated rules the
interstate commission may impose any or all of the following
(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; and
(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.
(b) 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 the 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 and the majority and minority leaders of the
defaulting state's legislature and the state council of such
(c) 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.
(d) 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
Section C. Judicial Enforcement
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. 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
Section D. Dissolution of Compact
(a) The compact dissolves effective upon the date of the
withdrawal or default of the compacting states which reduces membership in the compact to one compacting state.
(b) 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
(a) 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
(b) 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
(a) Nothing herein prevents the enforcement of any other law
of a compacting state that is not inconsistent with this compact.
(b) 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 by-laws 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
commissions may issue advisory opinions regarding such meaning or
(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 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 thereto to which such
obligations, duties, powers or jurisdiction are delegated by law
in effect at the time this compact becomes effective.