26-12-15 Interstate Compact on Juveniles continued in force--Text of compact.
Interstate Compact on Juveniles continued in force--Text of compact.
continues in force a compact between this state and any other state or states legally joining therein
in the form substantially as follows:
INTERSTATE COMPACT ON JUVENILES
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. Section 112 (1965), has authorized and encouraged compacts for
cooperative efforts and mutual assistance in the prevention of crime. It is the purpose of this
compact, through means of joint and cooperative action among the compacting states: to 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; to 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; to
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; to make contracts for the cooperative
institutionalization in public facilities in member states for delinquent youth needing special
services; to provide for the effective tracking and supervision of juveniles.
In addition, this compact will: equitably allocate the costs, benefits, and obligations of the
compacting states; 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 which has jurisdiction over juvenile offenders; ensure
immediate notice to jurisdictions where defined offenders are authorized to travel or to relocate
across the state lines; establish procedures to resolve pending charges (detainers) against juvenile
offenders prior to transfer or release to the community under the terms of this compact; 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; monitor compliance with rules governing interstate movement of
juveniles and initiate interventions to address and correct noncompliance; to coordinate training and
education regarding the regulation of interstate movement of juveniles for officials involved in such
activity; and coordinate the implementation and operation of the compact with the Interstate
Compact for the Placement of Children, the Interstate Compact for Adult Offender Supervision, and
other compacts affecting juveniles particularly in those cases where concurrent or overlapping
supervision issues arise.
It is the policy of the compacting states that the activities conducted by the Interstate Commission
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 require a different construction:
"By-laws" means those by-laws established by the Interstate Commission for its
governance, or for directing or controlling its actions or conduct;
"Compact administrator" means the individual in each compacting state appointed
pursuant to the terms of this compact, responsible for the administration and management
of the state's supervision and transfer of juveniles subject to the terms of this compact, the
rules adopted by the Interstate Commission and policies adopted by the state council
under this compact;
"Compacting state" means any state that has enacted the enabling legislation for this
"Commissioner" means the voting representative of each compacting state appointed
pursuant to Article III of this compact;
"Court" means any court having jurisdiction over delinquent, neglected, or dependent
"Deputy compact administrator" 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'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;
"Interstate Commission" means the Interstate Commission for Juveniles created by Article
III of this compact;
"Juvenile" means any person defined as a juvenile in any member state or by the rules of
the Interstate Commission, including
Accused delinquent--a person charged with an offense that, if committed by an
adult, would be a criminal offense;
Adjudicated delinquent--a person found to have committed an offense that, if
committed by an adult, would be a criminal offense;
Accused status offender--a person charged with an offense that would not be a
criminal offense if committed by an adult;
Adjudicated status offender--a person found to have committed an offense that
would not be a criminal offense if committed by an adult; and
Nonoffender--a person in need of supervision who has not been accused or
adjudicated a status offender or delinquent.
"Noncompacting state" means any state that has not enacted the enabling legislation for
"Probation or Parole" means any kind of supervision or conditional release of juveniles
authorized under the laws of the compacting states;
"Rule" 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, and has the force and effect of statutory law in
a compacting state, and includes the amendment, repeal, or suspension of an existing rule;
"State" 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, and the
Northern Marianas Islands.
ARTICLE III, INTERSTATE COMMISSION FOR JUVENILES
The compacting states hereby create the Interstate Commission for Juveniles. The commissions
hall 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 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 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 hereunder. 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. The Governor may designate the director of court services
for the Unified Judicial System to be the compact administrator, who, acting jointly with like officers
of other party states, shall promulgate rules to carry out more effectively the terms of the compact.He
shall serve as compact administrator subject to the pleasure of the Governor.
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, Interstate Compact for
Adult Offender Supervision, Interstate Compact for the Placement of Children, juvenile justice and
juvenile corrections officials, and crime victims. All noncommissioner members of the Interstate
Commission shall be ex-officio (nonvoting) members, including members of other national
organizations, in such numbers as shall be determined by the commission.
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 by-laws of the Interstate Commission.
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.
The Interstate Commission shall establish an executive committee, which shall include
commission officers, members, and others as 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 rule making and/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 by-laws and rules, and perform such other duties
as directed by the Interstate Commission and set forth in the by-laws.
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 commission, in consultation with the state council, shall appoint another
authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf
of the compacting state at a specified meeting. The by-laws may provide for members' participation
in meetings by telephone or other means of telecommunication or electronic communication.
The Interstate Commission's by-laws 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
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 when it determines by two-thirds vote that an
open meeting would be likely to:
Relate solely to the Interstate Commission's internal personnel practice and procedures;
Disclose matters specifically exempted from disclosure by statute;
Disclose trade secrets or commercial or financial information which is privileged or
Involve accusing any person of a crime, or formally censuring any person;
Disclose information of a personal nature where disclosure would constitute a clearly
unwarranted invasion of personal privacy;
Disclose investigative records compiled for law enforcement purposes;
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 person or entity for the purpose of regulation or supervision of such
person or entity;
Disclose information, the premature disclosure of which would significantly endanger the
stability of a regulated person or entity; or
Specifically relate to the Interstate Commission's issuance of a subpoena, or its
participation in a civil action or other legal proceeding.
For every meeting closed pursuant to this provision, the Interstate Commission's legal counsel
shall publicly certify that, in the legal counsel's opinion, the meeting may be closed to the public, and
shall reference each relevant exemptive provision. The 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 therefore, 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 juveniles as directed through its rules which 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:
To provide for dispute resolution among compacting states;
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;
To oversee, supervise, and coordinate the interstate movement of juveniles subject to the
terms of this compact and any by-laws adopted and rules promulgated by the Interstate
To enforce compliance with the compact provisions, the rules promulgated by the
Interstate Commission, and the by-laws, using all necessary and proper means, including
but not limited to the use of judicial process;
To establish and maintain offices which shall be located within one or more of the
To purchase and maintain insurance and bonds;
To borrow, accept, hire, or contract for services of personnel;
To establish and appoint committees and hire staff which it deems necessary for 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;
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, inter alia,
conflicts of interest, rates of compensation, and qualifications of personnel;
To accept any and all donations and grants of money, equipment, supplies, materials, and
services, and to receive, utilize, and dispose of it;
To lease, purchase, accept contributions or donations of, or otherwise to own, hold,
improve, or use any property, real, personal, or mixed;
To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any
property, real, personal, or mixed;
To establish a budget and make expenditures and levy dues as provided in Article VIII of
To sue and be sued;
To adopt a seal and by-laws governing the management and operation of the Interstate
To perform such functions as may be necessary or appropriate to achieve the purposes of
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;
To coordinate education, training, and public awareness regarding the interstate
movement of juveniles for officials involved in such activity;
To establish uniform standards for reporting, collecting, and exchanging of data;
The Interstate Commission shall maintain its corporate books and records in accordance
with the by-laws.
ARTICLE V, ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
Section A. By-laws
The Interstate Commission shall, by a majority of the members present and voting, within twelve
months after the first Interstate Commission meeting, adopt by-laws to govern its conduct as maybe
necessary or appropriate to carry out the purposes of the compact, including, but not limited to:
Establishing the fiscal year of the Interstate Commission;
Establishing an executive committee and such other committees as may be necessary;
Providing for the establishment of committees governing any general or specific
delegation of any authority or function of the Interstate Commission;
Providing reasonable procedures for calling and conducting meetings of the Interstate
Commission, and ensuring reasonable notice of each such meeting;
Establishing the titles and responsibilities of the officers of the Interstate Commission;
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 and/or reserving of all of its debts and obligations;
Providing "start-up" rules for initial administration of the compact; and
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 annually from among its
members a chairperson and a vice chairperson, each of whom shall have such authority and duties
as may be specified in the by-laws. The chairperson or, in the chairperson's absence or disability, the
vice chairperson shall preside at all meetings of the Interstate Commission. The officers so elected
shall serve without compensation or remuneration from the Interstate Commission; provided
that,subject to the availability of budgeted funds, the officers shall be reimbursed for any ordinary
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, but shall not be a member and shall hire and supervise such other staff as may be
authorized by the Interstate Commission.
Section C. Qualified Immunity, Defense and Indemnification
The Commission's executive director and employee 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 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; provided, that any such
person shall not be protected from suit or liability from any damage, loss, injury, or liability caused
by the intentional or willful and wanton misconduct of any such person.
The liability of any commissioner, or the employee or agent of a commissioner, acting within the
scope of such person's employment or duties for acts, errors, or omissions occurring within such
person'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 subsection 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.
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'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.
The Interstate Commission shall indemnify and hold the commissioner of a compacting state,
or the commissioner's representatives or employees, or the Interstate Commission'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 the 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, RULE-MAKING FUNCTIONS OF THE INTERSTATE COMMISSION
The Interstate Commission shall promulgate and publish rules in order to effectively and
efficiently achieve the purposes of the compact.
Rule making shall occur pursuant to the criteria set forth in this article and the by-laws and rules
adopted pursuant thereto. Such rule making shall substantially conform to the principles of the
'Model State Administrative Procedures 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.
When promulgating a rule, the Interstate Commission shall, at a minimum:
Publish the proposed rule's entire text stating the reason(s) for that proposed rule;
Allow and invite any and all persons to submit written data, facts, opinions, and
arguments, which information shall be added to the record and made publicly available;
Provide an opportunity for an informal hearing if petitioned by ten or more persons;
Promulgate a final rule and its effective date, if appropriate, based on input from state or
local officials, or interested parties; and
Allow, not later than sixty 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'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
in the rule-making record, the court shall hold the rule unlawful and set it aside. For purposes of this
subsection, evidence is substantial if it would be considered substantial evidence under the Model
State Administrative Procedures Act.
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.
The existing rules governing the operation of the Interstate Compact on Juveniles superseded by
this section shall be null and void twelve months after the first meeting of the Interstate Commission
Upon determination by the Interstate Commission that a state of emergency exists, it may
promulgate an emergency rule which shall become effective immediately upon adoption, provided
that the usual rule-making procedures provided hereunder shall be retroactively applied to said rule
as soon as reasonably possible, but no later than ninety days after the effective date of the emergency
ARTICLE VII, OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION BY THE
Section A. Oversight
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 which may significantly affect compacting
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. The
provisions of this compact and the rules promulgated hereunder shall be received by all 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 which 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.
Section B. Dispute Resolution.
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 by-laws and rules.
The Interstate Commission shall attempt, upon the request of a compacting state, to resolve any
disputes or other issues which are subject to the compact and which 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
The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the
provisions and rules of this compact using any or all means set forth in Article XI of this compact.
ARTICLE VIII, 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'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 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 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
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 must 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'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
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 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 thirty-five of the states.
The initial effective date shall be the later of July 1, 2004, 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 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.
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
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 by specifically
repealing the statute which 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's intent to
withdraw within sixty 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. Technical Assistance, Fines, Suspension, Termination and Default
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, or the by-laws or
duly promulgated rules, the Interstate Commission may impose any or all of the following penalties:
Remedial training and technical assistance as directed by the Interstate Commission;
Alternative Dispute Resolution;
Fines, fees, and costs in such amounts as are deemed reasonable as fixed by the Interstate
Suspension or termination of membership in the compact, which shall be imposed only
after all other reasonable means of securing compliance under the by-laws 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'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 by-laws
or duly promulgated rules and any other grounds designated in commission by-laws 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. 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
Within sixty days of the effective date of termination of a defaulting state, the commission shall
notify the Governor, the Chief Justice or chief judicial officer, the majority and minority leaders of
the defaulting state's legislature, and the state council of 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 in writing between the Interstate Commission and the defaulting
Reinstatement following termination of any compacting state requires 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 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 attorney's fees.
Section D. Dissolution of Compact
The compact dissolves effective upon the date of the withdrawal or default of the compacting
state, which reduces membership in the compact to one compacting state.
Upon the dissolution of this compact, the compact becomes 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 by-laws.
ARTICLE XII, 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 construed to effectuate its purpose.
ARTICLE XIII, BINDING EFFECT OF COMPACT AND OTHER LAWS
Section A. Other Laws.
Nothing herein prevents the enforcement of any other law of a compacting state that is not
inconsistent with this compact.
All compacting states' laws other than state Constitutions and other interstate compacts
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 by-laws 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 a party to a conflict over meaning or interpretation of Interstate Commission
actions, and upon a majority vote of the compacting states, the Interstate Commission may issue
advisory opinions regarding such meaning or interpretation.
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 same time this compact becomes effective.
Source: SL 2004, ch 183, § 1, eff. Aug. 26, 2008.