                                 CODE OF VIRGINIA

SHORT TITLE; GOVERNOR TO EXECUTE; FORM OF COMPACT (§ 53.1-176.2)

This article may be cited as &#8220;The Interstate Compact for the Supervision
of Adult Offenders.&#8221; The Governor shall execute, on behalf of the
Commonwealth, with any other state or states legally joining therein a compact
that 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 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.
		It is the purpose of this Compact and the Interstate Commission created
hereunder, through means of joint and cooperative action among the Compacting
States: to provide the framework for the promotion of public safety and protect
the rights of victims through the control and regulation of the interstate
movement of offenders in the community; to provide for the effective tracking,
supervision, and rehabilitation of these offenders by the sending and receiving
states; and to equitably distribute the costs, benefits and obligations of the
Compact among the Compacting States. In addition, this Compact will: create an
Interstate Commission, which will establish uniform procedures to manage the
movement between states of adults placed under community supervision and
released to the community under the jurisdiction of courts, paroling
authorities, corrections or other criminal justice agencies and which will
promulgate rules to achieve the purpose of this Compact; ensure an opportunity
for input and timely notice to victims and to jurisdictions where defined
offenders are authorized to travel or to relocate across state lines; establish
a system of uniform data collection, access to information on active cases by
authorized criminal justice officials, and regular reporting of Compact
activities to heads of State Councils, state executive, judicial, and
legislative branches and criminal justice administrators; monitor compliance
with rules governing interstate movement of offenders and initiate interventions
to address and correct noncompliance; and coordinate training and education
regarding regulations of interstate movement of offenders for officials involved
in such activity.
		The Compacting States recognize that there is no &#8220;right&#8221; 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 the
Bylaws and Rules promulgated hereunder. It is the policy of the Compacting
States that the activities conducted by the Interstate Commission created herein
are the formation of public policies and are therefore public business.
		ARTICLE II.
		DEFINITIONS.
		As used in this Compact, unless the context clearly requires a different
construction:

1. &#8220;Adult&#8221; means both individuals legally classified as adults and
juveniles treated as adults by court order, statute, or operation of law.

2. &#8220;Bylaws&#8221; means those bylaws established by the Interstate
Commission for its governance, or for directing or controlling the Interstate
Commission&#8217;s actions or conduct.

3. &#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
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. &#8220;Compacting State&#8221; means any state that has enacted the enabling
legislation for this Compact.

5. &#8220;Commissioner&#8221; means the voting representative of each Compacting
State appointed pursuant to Article III of this Compact.

6. &#8220;Interstate Commission&#8221; means the Interstate Commission for Adult
Offender Supervision established by this Compact.

7. &#8220;Member&#8221; means the Commissioner of a Compacting State or
designee, who shall be a person officially connected with the Commissioner.

8. &#8220;Noncompacting State&#8221; means any State that has not enacted the
enabling legislation for this Compact.

9. &#8220;Offender&#8221; means an adult placed under, or subject to,
supervision as the result of the commission of a criminal offense and released
to the community under the jurisdiction of courts, paroling authorities,
corrections, or other criminal justice agencies.

10. &#8220;Person&#8221; means any individual, corporation, business enterprise,
or other legal entity, either public or private.

11. &#8220;Rules&#8221;  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. &#8220;State&#8221; means a state of the United States, the District of
Columbia and any other territorial possessions of the United States.

13. &#8220;State Council&#8221; 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.
			The Compacting States hereby create the &#8220;Interstate Commission for
Adult Offender Supervision.&#8221; 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.
			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 noncommissioner members must include a member of the
national organizations of governors, legislators, state chief justices,
attorneys general and crime victims. All noncommissioner members of the
Interstate Commission shall be ex officio (nonvoting) members. The Interstate
Commission may provide in its Bylaws for such additional, ex officio, nonvoting
members as it deems necessary.
			Each Compacting State represented at any meeting of the Interstate Commission
is entitled to one vote. A majority of the Compacting States shall constitute a
quorum for the transaction of business, unless a larger quorum is required by
the Bylaws of the Interstate Commission. The Interstate Commission shall meet at
least once each calendar year. The chairperson may call additional meetings and,
upon the request of 27 or more Compacting States, shall call additional
meetings. Public notice shall be given of all meetings, and meetings shall be
open to the public.
			The Interstate Commission shall establish an Executive Committee, which shall
include commission officers, members and others as shall be determined by the
Bylaws. The Executive Committee shall have the power to act on behalf of the
Interstate Commission during periods when the Interstate Commission is not in
session, with the exception of rulemaking or amendment to the Compact or both.
The Executive Committee oversees the day-to-day activities managed by the
Executive Director and Interstate Commission staff; administers enforcement and
compliance with the provisions of the Compact, its Bylaws and as directed by the
Interstate Commission and performs other duties as directed by Commission or set
forth in the Bylaws.
			ARTICLE IV.
			THE STATE COUNCIL.
			Each member state shall create a State Council for Interstate Adult Offender
Supervision, which shall be responsible for the appointment of the Commissioner
who shall serve on the Interstate Commission from that state. Each State Council
shall appoint as its Commissioner the Compact Administrator from that state to
serve on the Interstate Commission in 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&#8217; groups and compact administrators. Each Compacting
State retains the right to determine the qualifications of the Compact
Administrator who shall be appointed by the State Council or by the Governor in
consultation with the Legislature and the Judiciary. In addition to appointment
of its Commissioner to the national Interstate Commission, each State Council
shall exercise oversight and advocacy concerning its participation in Interstate
Commission activities and other duties as may be determined by each member state
including but not limited to, development of policy concerning operations and
procedures of the Compact within that state.
			ARTICLE V.
			POWERS AND DUTIES OF THE INTERSTATE COMMISSION.
			The Interstate Commission shall have the following powers:

1. To adopt the seal and suitable Bylaws 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 Bylaws adopted and Rules
promulgated by the Compact Commission.

4. To enforce compliance with Compact provisions, Interstate Commission Rules,
and Bylaws, using all necessary and proper means, including but not limited to,
the use of judicial process.

5. To establish and maintain offices.

6. To purchase and maintain insurance and bonds.

7. To borrow, accept, or contract for services of personnel, including, but not
limited to, members and their staffs.

8. To establish and appoint committees and hire staff that it deems necessary
for the carrying out of its functions including, but not limited to, an
executive committee as required by Article III, which shall have the power to
act on behalf of the Interstate Commission in carrying out its powers and duties
hereunder.

9. To elect or appoint such officers, attorneys, employees, agents, 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, among other things, conflicts of interest,
rates of compensation, and qualifications of personnel.

10. To accept any and all donations and grants of money, equipment, supplies,
materials, and services, and to receive, utilize, and dispose of same.

11. To lease, purchase, accept contributions or donations of, or otherwise to
own, hold, improve or use any property, real, personal, or mixed.

12. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
dispose of any property, real, personal, or mixed.

13. To establish a budget and make expenditures and levy dues as provided in
Article X of this Compact.

14. To sue and be sued.

15. To provide for dispute resolution among Compacting States.

16. To perform such functions as may be necessary or appropriate to achieve the
purposes of this Compact.

17. To report annually to the legislatures, governors, judiciary, and State
Councils of the Compacting States concerning the activities of the Interstate
Commission during the preceding year. 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.

19. To establish uniform standards for the reporting, collecting, and exchanging
of data.
			ARTICLE VI.
			ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION.
			Section A. Bylaws.
			The Interstate Commission shall, by a majority of the members, within 12
months of the first Interstate Commission meeting, adopt Bylaws to govern its
conduct as may be necessary or appropriate to carry out the purposes of the
Compact, including, but not limited to:

1. Establishing the fiscal year of the Interstate Commission;

2. Establishing an executive committee and such other committees as may be
necessary;

3. Providing reasonable standards and procedures: (i) for the establishment of
committees and (ii) governing any general or specific delegation of any
authority or function of the Interstate Commission;

4. Providing reasonable procedures for calling and conducting meetings of the
Interstate Commission, and ensuring reasonable notice of each such meeting;

5. Establishing the titles and responsibilities of the officers of the
Interstate Commission;

6. Providing reasonable standards and procedures for the establishment of the
personnel policies and programs of the Interstate Commission. Notwithstanding
any civil service or other similar laws of any Compacting State, the Bylaws
shall exclusively govern the personnel policies and programs of the Interstate
Commission;

7. Providing a mechanism for winding up the operations of the Interstate
Commission and the equitable return of any surplus funds that may exist upon the
termination of the Compact after the payment or reserving of all of its debts
and obligations or both;

8. Providing transition rules for &#8220;start up&#8221; administration of the
Compact; and

9. Establishing standards and procedures for compliance and technical assistance
in carrying out the Compact.
			Section B. Officers and Staff.
			The Interstate Commission 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 Bylaws. The chairperson
or, in his absence or disability, the vice chairperson, shall preside at all
meetings of the Interstate Commission. The officers so elected shall serve
without compensation or remuneration from the Interstate Commission: provided
that, subject to the availability of budgeted funds, the officers shall be
reimbursed for any actual and necessary costs and expenses incurred by them in
the performance of their duties and responsibilities as officers of the
Interstate Commission.
			The Interstate Commission 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 Bylaws.
			Section D. Qualified Immunity, Defense and Indemnification.
			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. The Interstate Commission
shall defend the Commissioner of a Compacting State, or his representatives or
employees, or the Interstate Commission&#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 wrongdoing on the
part of such person.
			The Interstate Commission shall indemnify and hold the Commissioner of a
Compacting State, the appointed designee 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 gross negligence or
intentional wrongdoing on the part of such person.
			ARTICLE VII.
			ACTIVITIES OF THE INTERSTATE COMMISSION.
			The Interstate Commission shall meet and take such actions as are consistent
with the provisions of this Compact. Except as otherwise provided in this
Compact and unless a greater percentage is required by the Bylaws, in order to
constitute an act of the Interstate Commission, 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 Members present.
			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 case a vote on behalf of the
member State at a specified meeting. The Bylaws may provide for Members&#8217;
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.
			The Interstate Commission shall meet at least once during each calendar year.
The chairperson of the Interstate Commission may call additional meetings at any
time and, upon the request of a majority of the Members, shall call additional
meetings.
			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 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 confidentiality provisions.
			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
principles contained in the &#8220;Government in Sunshine Act,&#8221; 5 U.S.C.
&#xA7; 552b, 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&#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 investigatory records compiled for law-enforcement purposes;

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

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

9. Specifically relate to the Interstate Commission&#8217;s issuance of a
subpoena, or its participation in a civil action or proceeding.
			For every meeting closed pursuant to this provision, the Interstate
Commission&#8217;s chief legal officer shall publicly certify that, in his
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 such minutes.
			The Interstate Commission shall collect standardized data concerning the
interstate movement of offenders as directed through its Bylaws and Rules, which
shall specify the data to be collected, the means of collection and data
exchange and reporting requirements.
			ARTICLE VIII.
			RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION.
			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.
			Rulemaking shall occur pursuant to the criteria set forth in this article and
the Bylaws and Rules adopted pursuant thereto. Such rulemaking shall
substantially conform to the principles of the federal Administrative Procedure
Act, 5 U.S.C.S. &#xA7; 551 et seq., and the Federal Advisory Committee Act, 5
U.S.C.S. app. 2, &#xA7; 1 et seq., as may be amended (hereinafter APA). All
Rules and amendments shall become binding as of the date specified in each Rule
or amendment.
			If a majority of the legislatures of the Compacting States rejects a Rule, by
enactment of a statute or resolution in the same manner used to adopt the
Compact, then such Rule shall have no further force and effect in any Compacting
State.
			When promulgating a Rule, the Interstate Commission shall:

1. Publish the proposed Rule stating with particularity the text of the Rule
that is proposed and the reason for the proposed Rule;

2. Allow persons to submit written data, facts, opinions and arguments, which
information shall be publicly available;

3. Provide an opportunity for an informal hearing; and

4. Promulgate a final Rule and its effective date, if appropriate, based on the
rulemaking record.
			Not later than 60 days after a Rule is promulgated, any interested person may
file a petition in the United States District Court of 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, 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 12 months after the first meeting must at a
minimum include:

1. Notice to victims and opportunity to be heard;

2. Offender registration and compliance;

3. Violations/returns;

4. Transfer procedures and forms;

5. Eligibility for transfer;

6. Collection of restitution and fees from offenders;

7. Data collection and reporting;

8. The level of supervision to be provided by the receiving state;

9. Transition rules governing the operation of the Compact and the Interstate
Commission during all or part of the period between the effective date of the
Compact and the date on which the last eligible State adopts the Compact; and

10. Mediation, arbitration and dispute resolution.
			The existing rules governing the operation of the previous compact superceded
by this Act shall be null and void 12 months after the first meeting of the
Interstate Commission created hereunder.
			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 90 days after the effective date of the rule.
			ARTICLE IX.
			OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY THE INTERSTATE COMMISSION.
			Section A. Oversight.
			The Interstate Commission shall oversee the interstate movement of adult
offenders in the Compacting States and shall monitor such activities being
administered in Noncompacting States that may significantly affect Compacting
States.
			The courts and executive agencies in each Compacting State shall enforce this
Compact and shall take all actions necessary and appropriate to effectuate the
Compact&#8217;s purposes and intent. In any judicial or administrative
proceeding in a Compacting State pertaining to the subject matter of this
Compact, which may affect the powers, responsibilities or actions of the
Interstate Commission, the Interstate Commission shall be entitled to receive
all service of process in any such proceeding, and shall have standing to
intervene in the proceeding for all purposes.
			Section B. Dispute Resolution.
			The Compacting States shall report to the Interstate Commission on issues or
activities of concern to them, and cooperate with and support the Interstate
Commission in the discharge of its duties and responsibilities.
			The Interstate Commission shall attempt to resolve any disputes or other
issues that are subject to the Compact and may arise among Compacting States and
Noncompacting States.
			The Interstate Commission shall enact a Bylaw 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 Compact.
			ARTICLE X.
			FINANCE.
			The Interstate Commission shall pay or provide for the payment of the
reasonable expenses of its establishment, organization and ongoing activities.
			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&#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 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.
			The Interstate Commission shall not incur any obligations of any kind prior
to 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.
			The Interstate Commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Interstate Commission shall
be subject to the audit and accounting procedures established under its Bylaws.
However, all receipts and disbursements of funds handled by the Interstate
Commission shall be audited yearly by a certified or licensed public accountant
and the report of the audit shall be included in and become part of the annual
report of the Interstate Commission.
			ARTICLE XI.
			COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT.
			Any State, as defined in Article II of this Compact, is eligible to become a
Compacting State. The Compact shall become effective and binding upon
legislative enactment of the Compact into law by no less than 35 of the States.
The initial effective date shall be the later of July 1, 2002, or upon enactment
into law by the 35th State. 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 will be invited to
participate in Interstate Commission activities on a nonvoting basis prior to
adoption of the Compact by all States and territories of the United States.
			Amendments to the Compact may be proposed by the Interstate Commission for
enactment by the Compacting States. No amendment shall become effective and
binding upon the Interstate Commission and the Compacting States unless and
until it is enacted into law by unanimous consent of the Compacting States.
			ARTICLE XII.
			WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT.
			Section A. Withdrawal.
			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 (hereinafter Withdrawing State) by enacting a statute
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 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&#8217;s intent to withdraw
within 60 days of its receipt thereof.
			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 shall occur upon
the Withdrawing State reenacting the Compact or upon such later date as
determined by the Interstate Commission.
			Section B. Default.
			If the Interstate Commission determines that any Compacting State has at any
time defaulted (hereinafter Defaulting State) in the performance of any of its
obligations or responsibilities under this Compact, the Bylaws or any duly
promulgated Rules the Interstate Commission may impose any or all of the
following penalties:

1. Fines, fees and costs in 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;

3. Suspension and termination of membership in the Compact. Suspension shall be
imposed only after all other reasonable means of securing compliance under the
Bylaws and Rules have been exhausted. Immediate notice of suspension shall be
given by the Interstate Commission to the Governor, the Chief Justice or 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, Interstate Commission Bylaws, or duly promulgated Rules. The
Interstate Commission shall immediately notify the Defaulting State in writing
of the penalty imposed by the Interstate Commission on the Defaulting State
pending a cure of the default. The Interstate Commission shall stipulate the
conditions and the time period within which the Defaulting State must cure its
default. If the Defaulting State fails to cure the default within the time
period specified by the Interstate Commission, in addition to any other
penalties imposed herein, the Defaulting State may be terminated from the
Compact upon an affirmative vote of 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 60 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&#8217;s legislature and the State
Council of such 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 Interstate Commission shall not bear any costs relating to the Defaulting
State unless otherwise mutually agreed upon between the Interstate Commission
and the Defaulting State.
			Reinstatement following termination of any Compacting State requires both a
reenactment of the Compact by the Defaulting State and the approval of the
Interstate Commission pursuant to the Rules.
			Section C. Judicial Enforcement.
			The Interstate Commission 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
provision of the Compact, its duly promulgated Rules and Bylaws, against any
Compacting State in default. In the event judicial enforcement is necessary the
prevailing party shall be awarded all costs of such litigation including
reasonable attorneys&#8217; fees.
			Section D. Dissolution of Compact.
			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. 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 Bylaws.
			ARTICLE XIII.
			SEVERABILITY AND CONSTRUCTION.
			The provisions of this Compact shall be severable, and if any phrase, clause,
sentence or provision is deemed unenforceable, the remaining provisions of the
Compact shall be enforceable.
			The provisions of this Compact shall be liberally constructed to effectuate
its purposes.
			ARTICLE XIV.
			BINDING EFFECT OF COMPACT AND OTHER LAWS.
			Section A. Other Laws.
			Nothing herein prevents the enforcement of any other law of a Compacting
State that is not inconsistent with this Compact.
			All Compacting States&#8217; laws conflicting with this Compact are
superseded to the extent of the conflict.
			Section B. Binding Effect of the Compact.
			All lawful actions of the Interstate Commission, including all Rules and
Bylaws promulgated by the Interstate Commission, are binding upon the Compacting
States.
			All agreements between the Interstate Commission and the Compacting States
are binding in accordance with their terms.
			Upon the request of the party to a conflict over meaning or interpretation of
Interstate Commission actions, and upon a majority vote of the Compacting
States, the Interstate Commission may issue advisory opinions regarding such
meaning or interpretation.
			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 thereof to which such obligations, duties, powers or jurisdiction are
delegated by law in effect at the time this Compact becomes effective.

HISTORY: 2004, c. 407.