Article XII. Withdrawal, Default, Termination, and Judicial Enforcement.
(a) (1) Once effective, the Compact shall continue in force and remain
binding upon each and every compacting state; provided, that a compacting state may
withdraw from the Compact ("withdrawing state") by enacting a statute specifically
repealing the statute which enacted the Compact into law.
(2) The effective date of withdrawal is the effective date of the repeal.
(3) 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 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 extend beyond the effective date
of withdrawal.
(5) 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.
(b) (1) If the Interstate Commission determines that any compacting
state has at any time defaulted ("defaulting state") in the performance of any of its
obligations or responsibilities under this Compact, the bylaws, or any duly
promulgated rules, the Interstate Commission may impose any or all of the following
penalties:
(i) Fines, fees, and costs in such amount as are deemed to be
reasonable as fixed by the Interstate Commission;
(ii) Remedial training and technical assistance as directed by
the Interstate Commission; or
(iii) Suspension and termination of membership in the
Compact.
(2) (i) Suspension shall be imposed only after all other reasonable
means of securing compliance under the bylaws and rules have been exhausted.
(ii) Immediate notice of suspension shall be given by the
Interstate Commission to the governor, the chief justice or chief judicial officer of the
state, the majority and minority leaders of the defaulting state's legislature, and the
State Council.
(3) 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.
(4) 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
therein, the defaulting state may be terminated from the Compact upon an
affirmative vote of a majority of the compacting states and all rights, privileges, and
benefits conferred by this Compact shall be terminated from the effective date of
suspension. Within 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, the majority and minority leaders of the defaulting state's legislature, and the
State Council of such termination.
(5) 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.
(6) 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.
(c) 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 judicial enforcement is necessary, the prevailing party shall be
awarded all costs of such litigation including reasonable attorney's fees.
(d) (1) 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.
(2) Upon dissolution of the 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.‹ Prev All Maryland sections Next ›
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