                                 CODE OF VIRGINIA

GOVERNOR TO EXECUTE; FORM OF COMPACT (§ 16.1-323)

The Governor of Virginia is hereby authorized and requested to execute, on
behalf of the Commonwealth of Virginia, with any other state or states legally
joining therein, a compact which shall be in 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 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.
		It is the purpose of this compact, through means of joint and cooperative
action among the compacting states, to (i) 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; (ii) 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; (iii) 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; (iv) make
contracts for the cooperative institutionalization in public facilities in
member states for delinquent youth needing special services; (v) provide for the
effective tracking and supervision of juveniles; (vi) equitably allocate the
costs, benefits and obligations of the compacting states; (vii) 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; (viii) ensure immediate notice to jurisdictions where defined
offenders are authorized to travel or to relocate across state lines; (ix)
establish procedures to resolve pending charges (detainers) against juvenile
offenders prior to transfer or release to the community under the terms of this
compact; (x) 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; (xi) monitor
compliance with rules governing interstate movement of juveniles and initiate
interventions to address and correct noncompliance; (xii) coordinate training
and education regarding the regulation of interstate movement of juveniles for
officials involved in such activity; and (xiii) coordinate the implementation
and operation of the compact with the Interstate Compact on 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 created herein are
the formation of public policies and therefore are public business. Furthermore,
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 shall 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 clearly requires a different
construction:
		&#8220;Bylaws&#8221; means those bylaws established by the Interstate
Commission for its governance or for directing or controlling its actions or
conduct.
		&#8220;Commissioner&#8221; means the voting representative of each compacting
state appointed pursuant to Article III of this compact.
		&#8220;Compact administrator&#8221; means the individual in each compacting
state appointed pursuant to the terms of this compact responsible for the
administration and management of the state&#8217;s supervision and transfer of
juveniles subject to the terms of this compact, the rules adopted by the
Interstate Commission, and policies adopted by the state council under this
compact.
		&#8220;Compacting state&#8221; means any state that has enacted the enabling
legislation for this compact.
		&#8220;Court&#8221; means any court having jurisdiction over delinquent,
neglected, or dependent children.
		&#8220;Deputy compact administrator&#8221; means the individual, if any, in
each compacting state appointed to act on behalf of a compact administrator
pursuant to the terms of this compact responsible for the administration and
management of the state&#8217;s supervision and transfer of juveniles subject to
the terms of this compact, the rules adopted by the Interstate Commission and
policies adopted by the state council under this compact.
		&#8220;Interstate Commission&#8221; means the Interstate Commission for
Juveniles created by Article III of this compact.
		&#8220;Juvenile&#8221; means any person defined as a juvenile in any member
state or by the rules of the Interstate Commission, including:

1. Accused delinquent: a person charged with an offense that, if committed by an
adult, would be a criminal offense;

2. Accused status offender: a person charged with an offense that would not be a
criminal offense if committed by an adult;

3. Adjudicated delinquent: a person found to have committed an offense that, if
committed by an adult, would be a criminal offense;

4. Adjudicated status offender: a person found to have committed an offense that
would not be a criminal offense if committed by an adult; and

5. Nonoffender: a person in need of supervision who has not been accused of
being or adjudicated a status offender or delinquent.
			&#8220;Noncompacting state&#8221; means any state that has not enacted the
enabling legislation for this compact.
			&#8220;Probation or parole&#8221; means any kind of supervision or
conditional release of juveniles authorized under the laws of the compacting
states.
			&#8220;Rule&#8221; means a written statement by the Interstate Commission
promulgated pursuant to Article VI of this compact that is of general
applicability, implements, interprets or prescribes a policy or provision of the
compact, or an organizational, procedural, or practice requirement of the
commission, that has the force and effect of statutory law in a compacting
state, and includes the amendment, repeal, or suspension of an existing rule.
			&#8220;State&#8221; means a state of the United States, the District of
Columbia or its designee, the Commonwealth of Puerto Rico, the U.S. Virgin
Islands, Guam, American Samoa, or the Northern Marianas Islands.
			Article III. Interstate Commission for Juveniles.

   A. The compacting states hereby create the &#8220;Interstate Commission for
   Juveniles.&#8221; The commission shall be a body corporate and joint agency of
   the compacting states. The commission shall have all the responsibilities,
   powers and duties set forth herein and 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 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 created in Article IX. The
   commissioner shall be the compact administrator, deputy compact administrator,
   or designee from that state who shall serve on the Interstate Commission in
   such capacity under or pursuant to the applicable law of the compacting state.

   C. 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
   noncommissioner members shall include a member of the national organizations
   of governors, legislators, state chief justices, attorneys general, Interstate
   Compact for Adult Offender Supervision, Interstate Compact on the Placement of
   Children, juvenile justice and juvenile corrections officials, 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, including members
   of other national organizations, in such numbers as shall be determined by the
   commission.

   D. Each compacting state represented at any meeting of the 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.

   E. The commission shall meet at least once each calendar year. The chairperson
   may call additional meetings and, upon the request of a simple majority of the
   compacting states, shall call additional meetings. Public notice shall be
   given of all meetings and meetings shall be open to the public.

   F. The Interstate Commission shall establish an executive committee, which
   shall include commission officers, members, and others as 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 shall oversee the day-to-day activities of the
   administration of the compact managed by an executive director and Interstate
   Commission staff; administer enforcement and compliance with the provisions of
   the compact, its bylaws, and rules; and perform other duties as directed by
   the Interstate Commission or set forth in the bylaws.

   G. 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 and shall 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 specific meeting. The
   bylaws may provide for members&#8217; participation in meetings by telephone
   or other means of telecommunication or electronic communication.

   H. The Interstate Commission&#8217;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 that they would adversely affect personal privacy rights
   or proprietary interests.

   I. 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 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&#8217;s internal personnel
practices and procedures;

2. Disclose matters specifically exempted from disclosure by statute;

3. Disclose trade secrets or commercial or financial information that 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 investigative records compiled for law-enforcement purposes;

7. Disclose information contained in or related to examination, operating, or
condition reports prepared by, on behalf of, or for the use of the Interstate
Commission with respect to a regulated person or entity for the purpose of
regulation or supervision of such person or entity;

8. Disclose information the premature disclosure of which would significantly
endanger the stability of a regulated person or entity; or

9. Specifically relate to the Interstate Commission&#8217;s issuance of a
subpoena or its participation in a civil action or other legal proceeding.

   J. For every meeting closed pursuant to this provision, the Interstate
   Commission&#8217;s legal counsel shall publicly certify that, in the legal
   counsel&#8217;s opinion, the meeting may be closed to the public and shall
   reference each relevant exemptive provision. The Interstate Commission shall
   keep minutes that 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 the minutes.

   K. The Interstate Commission shall collect standardized data concerning the
   interstate movement of juveniles as directed through its rules that shall
   specify the data to be collected, the means of collection and data exchange,
   and reporting requirements. Such methods of data collection, exchange, and
   reporting shall insofar as is reasonably possible conform to up-to-date
   technology and coordinate its information functions with the appropriate
   repository of records.
   				Article IV. Powers and Duties of the Interstate Commission.
   				The commission shall have the following powers and duties:

1. To provide for dispute resolution among compacting states;

2. To promulgate rules to effect the purposes and obligations as enumerated in
this compact, 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 juveniles
subject to the terms of this compact and any bylaws adopted and rules
promulgated by the Interstate Commission;

4. To enforce compliance with the compact provisions, the rules promulgated by
the Interstate Commission, and the bylaws, using all necessary and proper means,
including but not limited to the use of judicial process;

5. To establish and maintain offices that shall be 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 that it deems necessary
for carrying out its functions including but not limited to an executive
committee as required by Article III that 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&#8217;s
personnel policies and programs relating to, inter alia, 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 it;

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 VIII of this compact;

14. To sue and be sued;

15. To adopt a seal and bylaws governing the management and operation of the
Interstate 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 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 juveniles for officials involved in such activity;

19. To establish uniform standards of the reporting, collecting, and exchanging
of data; and

20. To maintain its corporate books and records in accordance with the bylaws.
			Article V. Organization and Operation of the Interstate Commission.

   A. Bylaws.

1. The Interstate Commission shall, by a majority of the members present and
voting, within 12 months after 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:
			a. Establishing the fiscal year of the Interstate Commission;
			b. Establishing an executive committee and such other committees 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
Interstate Commission and ensuring reasonable notice of each such meeting;
			e. Establishing the titles and responsibilities of the officers of the
Interstate Commission;
			f. Providing a mechanism for concluding the operations of the Interstate
Commission and the return of any surplus funds that may exist upon the
termination of the compact after the payment or reserving of all its debts and
obligations;
			g. Providing start-up rules for initial administration of the compact; and
			h. Establishing standards and procedures for compliance and technical
assistance in carrying out the compact.

   B. Officers and staff.

1. The Interstate Commission shall, by a majority of the members, elect annually
from among its members a chairman and a vice-chairman, each of whom shall have
such authority and duties as may be specified in the bylaws. The chairman or, in
the chairman&#8217;s absence or disability, the vice-chairman 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 ordinary and necessary costs and expenses incurred by them in
the performance of their duties and responsibilities as officers of the
Interstate Commission.

2. 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 but
shall not be a member and shall hire and supervise such other staff as may be
authorized by the Interstate Commission.

   C. Qualified immunity, defense and indemnification.

1. The commission&#8217;s executive director and employees 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 by, arising out of, or relating to any actual or alleged act,
error, or omission that occurred or that such person had a reasonable basis for
believing occurred within the scope of commission employment, duties, or
responsibilities; however, any such person shall not be protected from suit or
liability for any damage, loss, injury, or liability caused by the intentional
or willful and wanton misconduct of any such person.

2. The liability of any commissioner or the employee or agent of a commissioner,
acting within the scope of such person&#8217;s employment or duties, for acts,
errors, or omissions occurring within such person&#8217;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. Nothing in this subdivision 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 such person.

3. The Interstate Commission shall defend the executive director or the
employees or representatives of the Interstate Commission and, subject to the
approval of the attorney general of the state represented by any commissioner of
a compacting state, shall defend such commissioner or the commissioner&#8217;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 or willful and wanton misconduct on the part of
such person.

4. The Interstate Commission shall indemnify and hold the commissioner of a
compacting state, the commissioner&#8217;s representatives or employees, or the
Interstate Commission&#8217;s representatives or employees harmless in the
amount of any settlement or judgment obtained against such persons arising out
of any actual or alleged act, error, or omission that occurred within the scope
of Interstate Commission employment, duties, or responsibilities or that such
persons had a reasonable basis for believing occurred within the scope of
Interstate Commission employment, duties, or responsibilities, provided that the
actual or alleged act, error, or omission did not result from intentional or
willful and wanton misconduct on the part of such persons.
			Article VI. Rulemaking Functions of the Interstate Commission.

   A. The Interstate Commission shall promulgate and publish rules in order to
   effectively and efficiently achieve the purposes of the compact.

   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 Model State Administrative
   Procedure Act, 1981 Act, Uniform Laws Annotated, vol. 15, p. 1 (2000), or such
   other administrative procedures act, as the Interstate Commission deems
   appropriate consistent with due process requirements under the U.S.
   Constitution as now or hereafter interpreted by the U.S. Supreme Court. All
   rules and amendments shall become binding as of the date specified, as
   published with the final version of the rule as approved by the commission.

   C. When promulgating a rule, the Interstate Commission shall, at a minimum:

1. Publish the proposed rule&#8217;s entire text, stating the reasons for that
proposed rule;

2. Allow and invite any and all persons to submit written data, facts, opinions
and arguments, which information shall be added to the record and be made
publicly available;

3. Provide an opportunity for an informal hearing if petitioned by 10 or more
persons; and

4. Promulgate a final rule and its effective date, if appropriate, based on
input from state or local officials or interested parties.

   D. Allow, not later than 60 days after a rule is promulgated, any interested
   person to file a petition in the United States District Court for the District
   of Columbia or in the federal district court where the Interstate
   Commission&#8217;s principal office is located for judicial review of such
   rule. If the court finds that the Interstate Commission&#8217;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 Procedure Act.

   E. If a majority of the legislatures of the compacting states rejects a rule,
   those states may, by enactment of a statute or resolution in the same manner
   used to adopt the compact, cause that such rule shall have no further force
   and effect in any compacting state.

   F. The existing rules governing the operation of the Interstate Compact on
   Juveniles superseded by this act shall be null and void 12 months after the
   first meeting of the Interstate Commission created hereunder.

   G. Upon determination by the Interstate Commission that a state of emergency
   exists, it may promulgate an emergency rule that shall become effective
   immediately upon adoption, provided that the usual rulemaking procedures
   provided hereunder shall be retroactively applied to the rule as soon as
   reasonably possible, but no later than 90 days after the effective date of the
   emergency rule.
   				Article VII. Oversight, Enforcement and Dispute Resolution by the
   Interstate Commission.

   A. Oversight.

1. The Interstate Commission shall oversee the administration and operations of
the interstate movement of juveniles subject to this compact in the compacting
states and shall monitor such activities being administered in noncompacting
states that might 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&#8217;s purposes and intent. The provisions of this compact and the
rules promulgated hereunder shall 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 shall 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 that may affect the powers, responsibilities or actions of the
Interstate Commission, it shall be entitled to receive all service of process in
any such proceeding and shall have standing to intervene in the proceeding for
all purposes.

   B. Dispute resolution.

1. The compacting states shall report to the Interstate 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.

2. The Interstate Commission shall attempt, upon the request of a compacting
state, to resolve any disputes or other issues that are subject to the compact
and that may arise among compacting states and between compacting and
noncompacting states. The commission shall promulgate a rule providing for both
mediation and binding dispute resolution for disputes among the compacting
states.

3. The Interstate Commission, in the reasonable exercise of its discretion,
shall enforce the provisions and rules of this compact using any means set forth
in Article XI of this compact.
			Article VIII. 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 that shall be in a total
   amount sufficient to cover the Interstate Commission&#8217;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 each compacting state and the volume of
   interstate movement of juveniles in each compacting state and shall promulgate
   a rule binding upon all compacting states that governs said 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 IX. The State Council.
   				Each member state shall create a State Council for Interstate Juvenile
   Supervision. While each 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 the compact administrator, deputy compact administrator, or designee. Each
   compacting state retains the right to determine the qualifications of the
   compact administrator or deputy compact administrator. Each state council will
   advise and may exercise oversight and advocacy concerning that state&#8217;s
   participation in Interstate Commission activities and other duties as may be
   determined by that state, including but not limited to development of policy
   concerning operations and procedures of the compact within that state.
   				Article X. Compacting States, Effective Date and Amendment.

   A. Any state, the District of Columbia or its designee, the Commonwealth of
   Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Northern
   Marianas Islands are 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 35 of the states. The initial
   effective date shall be the later of July 1, 2004, or upon enactment of the
   compact into law by the 35th 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 nonmember states or their
   designees shall be invited to participate in the activities of the Interstate
   Commission on a nonvoting basis prior to adoption of the compact by all states
   and territories of the United States.

   C. The Interstate Commission may propose amendments to the compact 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 XI. Withdrawal, Default, Termination, and Judicial Enforcement.

   A. Withdrawal.

1. Once effective, the compact shall continue in force and remain binding upon
each compacting state; provided that a compacting state may withdraw from the
compact by specifically repealing the statute that enacted the compact into law.

2. The effective date of withdrawal is the effective date of the repeal.

3. The withdrawing state shall immediately notify the chairman 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&#8217;s intent to withdraw
within 60 days of its receipt thereof.

4. 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 extends beyond the effective date of
withdrawal.

5. Reinstatement following withdrawal of any compacting state shall occur upon
the withdrawing state&#8217;s reenacting the compact or upon such later date as
determined by the Interstate Commission.

   B. Technical assistance, fines, suspension, termination, and default.

1. If the Interstate Commission determines that any compacting state has at any
time defaulted in the performance of any of its obligations or responsibilities
under this compact, the bylaws, or duly promulgated rules, the Interstate
Commission may impose any or all of the following penalties:
			a. Remedial training and technical assistance as directed by the Interstate
Commission;
			b. Alternative dispute resolution;
			c. Fines, fees, and costs in such amounts as are deemed to be reasonable as
fixed by the Interstate Commission; and
			d. Suspension or termination of membership in the compact, which shall be
imposed only after all other reasonable means of securing compliance under the
bylaws and rules have been exhausted and the Interstate Commission has therefore
determined that the offending state is in default. Immediate notice of
suspension shall be given by the Interstate Commission to the governor, the
chief justice or the chief judicial officer of the state, the majority and
minority leaders of the defaulting state&#8217;s legislature, and the state
council. The grounds for default include but are not limited to failure of a
compacting state to perform such obligations or responsibilities imposed upon it
by this compact, the bylaws, or duly promulgated rules and any other grounds
designated in commission bylaws and rules. The Interstate Commission shall
immediately notify the defaulting state in writing of the penalty imposed by the
Interstate 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 shall cure its default. If the defaulting state fails to cure
the default within the time period specified by the commission, the defaulting
state shall 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
termination.

2. Within 60 days of the effective date of the 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&#8217;s legislature, and the state council.

3. 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.

4. The Interstate Commission shall not bear any costs relating to the defaulting
state unless otherwise mutually agreed upon in writing between the Interstate
Commission and the defaulting state.

5. Reinstatement following termination of any compacting state requires both a
reenactment of the compact by the defaulting state and the approval of the
Interstate Commission pursuant to the rules.

   C. Judicial enforcement.
   				The Interstate Commission may, by majority vote of the members, initiate
   legal action in the United States District Court for the District of Columbia
   or, at the discretion of the Interstate Commission, in the federal district
   where the Interstate Commission has its offices, to enforce compliance with
   the provisions of the compact, its duly promulgated rules, and bylaws, against
   any compacting state in default. In the event that judicial enforcement is
   necessary, the prevailing party shall be awarded all costs of such litigation,
   including reasonable attorney fees.

   D. Dissolution of compact.

1. The compact dissolves effective upon the date of the withdrawal or default of
the compacting state that reduces membership in the compact to one compacting
state.

2. 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 concluded and any surplus funds shall be
distributed in accordance with the bylaws.
			Article XII. 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 enforceable.

   B. The provisions of this compact shall be liberally construed to effectuate
   its purposes.
   				Article XIII. Binding Effect of Compact and Other Laws.

   A. Other laws.

1. Nothing herein prevents the enforcement of any other law of a compacting
state that is not inconsistent with this compact.

2. All compacting states&#8217; laws other than state constitutions and other
interstate compacts conflicting with this compact are superseded to the extent
of the conflict.

   B. Binding effect of the compact.

1. All lawful actions of the Interstate Commission, including all rules and
bylaws promulgated by the Interstate Commission, are binding upon the compacting
states.

2. All agreements between the Interstate Commission and the compacting states
are binding in accordance with their terms.

3. When there is a conflict over meaning or interpretation of Interstate
Commission, the Interstate Commission may issue advisory opinions regarding such
meaning or interpretation upon the request of a party to the conflict and upon a
majority vote of the compacting states.

4. In the event that any provision of this compact exceeds the constitutional
limits imposed on the legislature of any compacting state, the obligations,
duties, powers, or jurisdiction sought to be conferred by such provision upon
the Interstate Commission shall be ineffective, and such obligations, duties,
powers, or jurisdiction shall remain in the compacting state and shall be
exercised by the agency thereof to which such obligations, duties, powers, or
jurisdiction are delegated by law in effect at the time this compact becomes
effective.

HISTORY: Code 1950, § 16.1-213.1; 1977, c. 559; 2007, cc. 277, 387.