The Governor of this state is authorized and directed to execute a compact on behalf of the
State of West Virginia with any state or states of the United States legally joining therein, in
form substantially as follows:
ARTICLE I. PURPOSE.
(a) The compacting states to this interstate compact recognize that each state is responsible
for the supervision of adult offenders in the community who are authorized pursuant to the
bylaws and rules of this compact to travel across state lines bothu to and from each
compacting state in such a manner as to track the location of offenders, transfer supervision
authority in an orderly and efficient manner, and when necessary return offenders to the
originating jurisdictions. The compacting states also recognize that Congress, by enacting
the Crime Control Act, 4 U.S.C. §112 (1965), has authorized and encouraged compacts for
cooperative efforts and mutual assistance in the prevention of crime.
(b) It is the purpose of this compact and the insterstate commission created hereunder,
through means of joint and cooperative action among the compacting states:
(1) To provide the framework for the promotion of public safety and protect the rights of
victims through the control and regulation of the interstate movement of offenders in the
community;
(2) To provide for the effective tracking, supervision, and rehabilitation of these offenders by
the sending and receiving states; and
(3) To equitably distr ibute the costs, benefits and obligations of the compact among the
compacting stVates.
(c) In addition, this compact will:
(1) Create an interstate commission which will establish uniform procedures to manage the
movement between states of adults placed under community supervision and released to the
community under the jurisdiction of courts, paroling authorities, corrections or other
criminal justice agencies which will promulgate rules to achieve the purpose of this compact;
(2) Ensure an opportunity for input and timely notice to victims and to jurisdictions where
defined offenders are authorized to travel or to relocate across state lines;
(3) Establish a system of uniform data collection, access to information on active cases by
authorized criminal justice officials, and regular reporting of compact activities to heads of
state councils, state executive, judicial, and legislative branches and criminal justice
administrators;
(4) Monitor compliance with rules governing interstate movement of offenders and initiate
interventions to address and correct noncompliance; and
(5) Coordinate training and education regarding regulations of interstate movement of
offenders for officials involved in such activity.
(d) The compacting states recognize that there is no "right" of any offender to live in another
state and that duly accredited officers of a sending state may at all times enter a receiving
state and there apprehend and retake any offender under supervision subject to the
provisions of this compact and by-laws and rules promulgated hereunder. It is the policy of
the compacting states that the activities conducted by the interstate commission created
herein are the formation of public policies and are therefore pubulic business.
ARTICLE II. DEFINITIONS.
As used in this compact, unless the context clearly reqauires a different construction:
(a) "Adult" means both individuals legally classifiedl as adults and juveniles treated as adults
by court order, statute, or operation of law.
(b) "Bylaws" means those bylaws established by the interstate commission for its
governance, or for directing or controlling the interstate commission's actions or conduct.
(c) "Compact administrator" means the individual in each compacting state appointed
pursuant to the terms of this compact responsible for the administration and management of
the state's supervision and transfer of offenders subject to the terms of this compact, the
rules adopted by the interstate commission and policies adopted by the state council under
this compact.
(d) "Compacting state" means any state which has enacted the enabling legislation for this
compact.
(e) W"Commissioner" means the voting representative of each compacting state appointed
pursuant to article III of this compact.
(f) "Interstate commission" means the interstate commission for adult offender supervision
established by this compact.
(g) "Member" means the commissioner of a compacting state or designee, who shall be a
person officially connected with the commissioner.
(h) "Noncompacting state" means any state which has not enacted the enabling legislation
for this compact.
(i) "Offender" means an adult placed under or subject to supervision as the result of the
commission of a criminal offense and released to the community under the jurisdiction of
courts, paroling authorities, corrections, or other criminal justice agencies.
(j) "Person" means any individual, corporation, business enterprise, or other legal entity,
either public or private.
(k) "Rules" means acts of the interstate commission, duly promulgated pursuant to article
VIII of this compact, substantially affecting interested parties in addition to the interstate
commission which shall have the force and effect of law in the compacting states.
(l) "State" means a state of the United States, the District of Columbia and any other
territorial possessions of the United States.
(m) "State council" means the resident members of the state couuncil for interstate adult
offender supervision created by each state under article III of this compact.
ARTICLE III. THE COMPACT COMMISSION.
(a) The compacting states hereby created the "Interstate Commission for Adult Offender
Supervision." The interstate commission shall be a lbody 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 subsequenit action of the respective Legislatures of the
compacting states in accordance with the terms of this compact.
(b) The interstate commission shall consist of commissioners selected and appointed by
resident members of a state council for interstate adult offender supervision for each state.
In addition to the commissioners who are the voting representatives of each state, the
interstate commission shall include individuals who are not commissioners but who are
members of interested organizations; such noncommissioner members must include a
member of the nation al organizations of Governors, legislators, state chief justices, attorneys
general and cVrime 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.
(c) Each compacting state represented at any meeting of the interstate commission is
entitled to one vote. A majority of the compacting states shall constitute a quorum for the
transaction of business, unless a larger quorum is required by the bylaws of the interstate
commission.
(d) The interstate commission shall meet at least once each calendar year. The chairperson
may call additional meetings and, upon the request of twenty-seven or more compacting
states, shall call additional meetings. Public notice shall be given of all meetings and
meetings shall be open to the public.
(e) The interstate commission shall establish an executive committee which shall include
commission officers, members and others as shall be determined by the 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 rule
making and/or an amendment to the compact. The executive committee oversees the day-to-
day activities managed by the executive director and interstate commission staff;
administers enforcement and compliance with the provisions of the compact, its bylaws and
as directed by the interstate commission and performs other duties as directed by the
commission or set forth in the bylaws.
ARTICLE IV. THE STATE COUNCIL.
(a) Each member state shall create a state council for interstate adult offender supervision
which shall be responsible for the appointment of the commissiouner 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 intterstate commission in such
capacity under or pursuant to applicable law of the member state. While each member state
may determine the membership of its own state council, its membership must include at
least one representative from the legislative, judicial, and executive branches of government,
victims groups and compact administrators.
(b) Each compacting state retains the right to determine the qualifications of the compact
administrator who shall be appointed by the state council or by the Governor in consultation
with the Legislature and the judiciargy.
(c) In addition to appointment of its commissioner to the national interstate commission,
each state council shall exercise oversight and advocacy concerning its participation in
interstate commission activities and other duties as may be determined by each member
state including, but not limited to, development of policy concerning operations and
procedures of the compact within that state.
ARTICLE V. POWERS AND DUTIES OF THE INTERSTATE COMMISSION.
The interstate commission shall have the following powers:
(1) To adopt a 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 which it deems necessary for the
carrying out of its functions including, but not limited to, an executive committee as required
by article III which shall have the power to act on behalf of the interstate commission in
carrying out its powers and duties hereunder; u
(9) To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix
their compensation, define their duties and determine their qualifications; and to establish
the interstate commission's personnel policies and proagrams 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;
(15W) 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; and
(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.
(a) The interstate commission shall, by a majority of the members, within twelve 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
providing reasonable standards and procedures:
(i) For the establishment of committees; and a
(ii) Governing any general or specific delegation of any authority or function of the interstate
commission;
(3) Providing reasonable procedures for calling and conducting meetings of the interstate
commission, and ensuring reasonable notice of each such meeting;
(4) Establishing the titles and responsibilities of the officers of the interstate commission;
(5) Providing reasonable standards and procedures for the establishment of the personnel
policies and programs oLf 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;
(6) Providing a mechanism for winding up the operations of the interstate commission and
the equitable return of any surplus funds that may exist upon the termination of the compact
afteWr the payment and/or reserving of all of its debts and obligations;
(7) Providing transition rules for "start up" administration of the compact; and
(8) Establishing standards and procedures for compliance and technical assistance in
carrying out the compact.
Section B. Officers and Staff.
(b)(1) 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 or her absence or
disability, the vice chairperson, shall preside at all meetings of the interstate commission.
The officers so elected shall serve without compensation or remuneration from the interstate
commission: Provided, That subject to the availability of budgeted funds, the officers shall be
reimbursed for any actual and necessary costs and expenses incurred by them in the
performance of their duties and responsibilities as officers of the interstate commission.
(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, and hire and supervisee 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.
(c) The interstate commission shall maintain its corporate books and records in accordance
with the bylaws.
Section D. Qualified Immunity, Defense and Indemnificaation.
(d) (1) The members, officers, executive director anld 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, errior 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.
(2) The interstate commission shall defend the commissioner of a compacting state, or his or
her representatives or employees, or the interstate commission's representatives or
employees, in any civ il action seeking to impose liability, arising out of any actual or alleged
act, error or oVmission that occurred within the scope of interstate commission employment,
duties or responsibilities, or that the defendant has a reasonable basis for believing occurred
within the scope of interstate commission employment, duties or responsibilities: Provided,
That the actual or alleged act, error or omission did not result from intentional wrongdoing
on the part of such person.
(3) The interstate commission shall indemnify and hold the commissioner of a compacting
state, the appointed designee or employees, or the interstate commission's representatives
or employees, harmless in the amount of any settlement or 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.
(a) The interstate commission shall meet and take such actions as are consistent with the
provisions of this compact.
(b) Except as otherwise provided in this compact and unless a greater percentage is
required by the 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. e
(c) Each member of the interstate commission shall have the right and power to cast a vote
to which that compacting state is entitled and to participate in the business and affairs of the
interstate commission. A member shall vote in person on behalf uof 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 commissionter from that state, to cast a vote
on behalf of the member state at a specified meeting. The bylaws may provide for members'
participation in meetings by telephone or other means of telecommunication or electronic
communication. Any voting conducted by telephone, or other means of telecommunication or
electronic communication shall be subject to the same quorum requirements of meetings
where members are present in person. s
(d) The interstate commission shall meet at least once during each calendar year. The
chairperson of the interstate commigssion may call additional meetings at any time and, upon
the request of a majority of the members, shall call additional meetings.
(e) The interstate commission's bylaws 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
excWhange information or records subject to nondisclosure and confidentiality provisions.
(f) Public notice shall be given of all meetings and all meetings shall be open to the public,
except as set forth in the rules or as otherwise provided in the compact. The interstate
commission shall promulgate rules consistent with the principals contained in the
"Government in Sunshine Act" 5 U.S.C. §552(b), as may be amended. The interstate
commission and any of its committees may close a meeting to the public where it determines
by two-thirds vote that an open meeting would be likely to:
(1) Relate solely to the interstate commission's internal personnel practices and procedures;
(2) Disclose matters specifically exempted from disclosure by statute;
(3) Disclose trade secrets or commercial or financial information which is privileged or
confidential;
(4) Involve accusing any person of a crime, or formally censuring any person;
(5) Disclose information of a personal nature where disclosure would constitute a clearly
unwarranted invasion of 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's isasuance of a subpoena or its
participation in a civil action or proceeding.
(g) For every meeting closed pursuant to this provision, the interstate commission's chief
legal officer shall publicly certify that, in his or her opinion, the meeting may be closed to
the public, and shall reference each relevant exemptive provision. The interstate commission
shall keep minutes which shall fully and clearly describe all matters discussed in any
meeting and shall provide a full and accurate summary of any actions taken, and the reasons
therefor, including a description of each of the views expressed on any item and the record
of any roll call (effective in the vote of each member on the question). All documents
considered in connection with any action shall be identified in such minutes.
(h) The interstate commission shall collect standardized data concerning the interstate
movement of offende rs as directed through its bylaws and rules which shall specify the data
to be collectedV, the means of collection and data exchange and reporting requirements.
ARTICLE VIII. RULE MAKING FUNCTIONS OF THE INTERSTATE COMMISSION.
(a) The interstate commission shall promulgate rules in order to effectively and efficiently
achieve the purposes of the compact including transition rules governing administration of
the compact during the period in which it is being considered and enacted by the states;
(b) Rule making shall occur pursuant to the criteria set forth in this article and the bylaws
and rules adopted pursuant thereto. Such rule making shall substantially conform to the
principles of the federal Administrative Procedure Act, 5 U.S.C. §551 et seq., and the federal
Advisory Committee Act, 5 U.S.C. app. 2, §l et seq., as may be amended (hereinafter "APA").
All rules and amendments shall become binding as of the date specified in each rule or
amendment.
(c) If a majority of the Legislatures of the compacting states rejects a rule, by enactment of a
statute of resolution in the same manner used to adopt the compact, then such rule shall
have no further force and effect in any compacting state.
(d) When promulgating a rule, the interstate commission shall:
(1) Publish the proposed rule stating with particularity the text of the rule which 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 rule making
record.
(e) Not later than sixty days after a rule is promulgated, any interested person may file a
petition in the United States District Court for the Distarict 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 colmmission's action is not supported by
substantial evidence, (as defined in the APA), in the rule making record, the court shall hold
the rule unlawful and set it aside.
(f) Subjects to be addressed within twelve months after the first meeting must at a minimum
include:
(1) Notice to victims and opportunity to be heard;
(2) Offender registrationL and compliance;
(3) Violations/returns;
(4) Transfer procedures and forms;
(5) WEligibility 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.
(g) The existing rules governing the operation of the previous compact superceded by this
act shall be null and void twelve months after the first meeting of the interstate commission
created hereunder.
(h) 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 rule-making procedures provided hereunder shall be retroactively
applied to said rule as soon as reasonably possible, in no event later than ninety days after
the effective date of the rule. e
ARTICLE IX. OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY THE
INTERSTATE COMMISSION.
Section A. Oversight.
(a) (1) The interstate commission shall oversee the interstate movement of adult offenders in
the compacting states and shall monitor such activitiesa being administered in
noncompacting states which may 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's purposes
and intent. In any judicial or administrativie 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.
(b) (1) The compactin g states shall report to the interstate commission on issues or activities
of concern to Vthem, and cooperate with and support the interstate commission on the
discharge of its duties and responsibilities.
(2) The interstate commission shall attempt to resolve any disputes or other issues which are
subject to the compact and which may arise among compacting states and noncompacting
states.
(3) 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.
(c) 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.
(a) The interstate commission shall pay or provide for the payment of the reasonable
expenses of its establishment organization and ongoing activities.
(b) The interstate commission shall levy on and collect an annual assessment from each
compacting state to cover the cost of the internal operations and activities of the interstate
commission and its staff which must be in a total amount sufficient to cover the interstate
commission's annual budget as approved each year. The aggregate annual aessessment
amount shall be allocated based upon a formula to be determined by the interstate
commission, taking into consideration the population of the state and thre volume of
interstate movement of offenders in each compacting state and shall promulgate a rule
binding upon all compacting states which governs said assessment.
(c) The interstate commission shall not incur any obligationst of any kind prior in securing the
funds adequate to meet the same; nor shall the interstate commission pledge the credit of
any of the compacting states, except by and with the authority of the compacting state.
(d) The interstate commission shall keep accurate alccounts of all receipts and
disbursements. The receipts and disbursemensts 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 accoungtant and the report of the audit shall be included in and
become part of the annual report of the interstate commission.
ARTICLE XI. COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT.
(a) Any state, as defined in article II of this compact, is eligible to become a compacting
state.
(b) The compaVct 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, 2001, 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 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.
(c) Amendments to the compact may be proposed by the interstate commission for
enactment by the compacting states. No amendment shall become effective and binding
upon the interstate commission and the compacting states unless and until it is enacted into
law by unanimous consent of the compacting states.
ARTICLE XII. WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT.
Section A. Withdrawal.
(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 sixty days of its reuceipt 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 datea of withdrawal.
(5) Reinstatement following withdrawal of any comlpacting state shall occur upon the
withdrawing state reenacting the compact or supon such later date as determined by the
interstate commission.
Section B. Default.
(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:
(A) Fines, fees and co sts in such amounts as are deemed to be reasonable as fixed by the
interstate comVmission;
(B) Remedial training and technical assistance as directed by the interstate commission; and
(C) 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's Legislature, and the
state council.
(2) The grounds for default include, but are not limited to, failure of a compacting state to
perform such obligations or responsibilities imposed upon it by the compact, interstate
commission 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 a majority of the compacting states
and all rights, privileges and benefits conferred by this compact shall be terminated from the
effective date of suspension. Within sixty days of the effective date of termination of a
defaulting state, the interstate commission shall notify the Governor, the chief justice or
chief judicial officer and the majority and minority leaders of the defaulting estate's
Legislature and the state council of such termination.
(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 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. s
Section C. Judicial Enforcement.
(c) The interstate commission shall not bear any costs relating to the defaulting state unless
otherwise mutually agreed upon between the interstate commission and the defaulting state.
Reinstatement following termination of any compacting state requires both a reenactment of
the compact by the defaulting state and the approval of the interstate commission pursuant
to the rules. The interstate commission may, by majority vote of the members, initiate legal
action in the United States District Court for the District of Columbia or, at the discretion of
the interstate commission, in the Federal District where the interstate commission has its
offices to enforce compliance with the provisions of the compact, its duly promulgated rules
and bylaws, against any compacting state in default. In the event judicial enforcement is
necWessary the prevailing party shall be awarded all costs of such litigation including
reasonable attorneys fees.
Section D. Dissolution of Compact.
(d) (1) The compact dissolves effective upon the date of the withdrawal or default of the
compacting states which reduces membership in the compact to one compacting state.
(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
wound up and any surplus funds shall be distributed in accordance with the bylaws.
ARTICLE XIII. SEVERABILITY AND CONSTRUCTION.
(a) The provisions of this compact shall be severable, and if any phrase, clause, sentence or
provision is deemed unenforceable, the remaining provisions of the compact shall be
enforceable.
(b) The provisions of this compact shall be liberally constructed to effectuate its purposes.
ARTICLE XIV. BINDING EFFECT OF COMPACT AND OTHER LAWS.
Section A. Other laws.
(a) (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' laws conflicting with this compact are superseded to the extent of
the conflict.
Section B. Binding Effect of the Compact.
(b) (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) Upon the request of a partye to a conflict over meaning or interpretation of interstate
commission actions, and upon a majority vote of the compacting states, the interstate
commissions may issue Ladvisory opinions regarding such meaning or interpretation.
(4) 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
shaWll be exercised by the agency thereto to which such obligations, duties, powers or
jurisdiction are delegated by law in effect at the time this compact becomes effective.‹ Prev All West Virginia sections Next ›
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