Session of 2000
HOUSE BILL No. 2939
By Representative Adkins
2-9
9 AN ACT
enacting the interstate compact for adult offenders
supervision;
10 repealing K.S.A.
22-4101, 22-4102 and 22-4103.
11
12 Be it enacted by the Legislature of the
State of Kansas:
13 Section
1. This act may be cited as the interstate compact for
adult
14 offender supervision.
15
ARTICLE I
16
PURPOSE
17 The compacting states to this Interstate
Compact recognize that each
18 state is responsible for the supervision of
adult offenders in the com-
19 munity who are authorized pursuant to the
Bylaws and Rules of this
20 compact to travel across state lines both
to and from each compacting
21 state in such a manner as to track the
location of offenders, transfer
22 supervision authority in an orderly and
efficient manner, and when nec-
23 essary return offenders to the originating
jurisdictions. The compacting
24 states also recognize that Congress, by
enacting the Crime Control Act,
25 4 U.S.C. Section 112 (1965), has authorized
and encouraged compacts
26 for cooperative efforts and mutual
assistance in the prevention of crime.
27 It is the purpose of this compact and the
Interstate Commission created
28 hereunder, through means of joint and
cooperative action among the
29 compacting states: to provide the framework
for the promotion of public
30 safety and protect the rights of victims
through the control and regulation
31 of the interstate movement of offenders in
the community; to provide for
32 the effective tracking, supervision, and
rehabilitation of these offenders
33 by the sending and receiving states; and to
equitably distribute the costs,
34 benefits and obligations of the compact
among the compacting states. In
35 addition, this compact will: create a
Interstate Commission which will
36 establish uniform procedures to manage the
movement between states
37 of adults placed under community
supervision and released to the com-
38 munity under the jurisdiction of courts,
paroling authorities, corrections
39 or other criminal justice agencies which
will promulgate rules to achieve
40 the purpose of this compact; ensure an
opportunity for input and timely
41 notice to victims and to jurisdictions
where defined offenders are au-
42 thorized to travel or to relocate across
state lines; establish a system of
43 uniform data collection, access to
information on active cases by author-
2
1 ized criminal justice officials, and
regular reporting of Compact activities
2 to heads of state councils, state
executive, judicial, and legislative branches
3 and criminal justice administrators;
monitor compliance with rules gov-
4 erning interstate movement of
offenders and initiate interventions to ad-
5 dress and correct noncompliance; and
coordinate training and education
6 regarding regulations of interstate
movement of offenders for officials
7 involved in such activity. The
compacting states recognize that there is
8 no "right" of any offender to live in
another state and that duly accredited
9 officers of a sending state may at
all times enter a receiving state and
10 there apprehend and retake any offender
under supervision subject to
11 the provisions of this compact and Bylaws
and Rules promulgated here-
12 under. It is the policy of the compacting
states that the activities con-
13 ducted by the Interstate Commission created
herein are the formation of
14 public policies and are therefore public
business.
15
ARTICLE II
16
DEFINITIONS
17 As used in this compact, unless the context
clearly requires a different
18 construction:
19 "Adult" means both
individuals legally classified as adults and juveniles
20 treated as adults by court order, statute,
or operation of law.
21 "By-laws" means those
by-laws established by the Interstate Commis-
22 sion for its governance, or for directing
or controlling the Interstate Com-
23 mission's actions or conduct.
24 "Compact
Administrator" means the individual in each compacting
25 state appointed by the governor responsible
for the administration and
26 management of the state's supervision and
transfer of offenders subject
27 to the terms of this compact, the rules
adopted by the Interstate Com-
28 mission and policies adopted by the State
Council under this compact.
29 "Compacting State"
means any state which has enacted the enabling
30 legislation for this compact.
31 "Commissioner" means
the voting representative of each compacting
32 state appointed pursuant to Article III of
this compact.
33 "Interstate
Commission" means the Interstate Commission for Adult
34 Offender Supervision established by this
compact.
35 "Member" means the
commissioner of a compacting state or designee,
36 who shall be a person officially connected
with the commissioner.
37 "Non-compacting state"
means any state which has not enacted the
38 enabling legislation for this compact.
39 "Offender" means an
adult placed under, or subject, to supervision as
40 the result of the commission of a criminal
offense and released to the
41 community under the jurisdiction of courts,
paroling authorities, correc-
42 tions, or other criminal justice
agencies.
43 "Person" means any
individual, corporation, business enterprise, or
3
1 other legal entity, either public or
private.
2 "Rules" means
acts of the Interstate Commission, duly promulgated
3 pursuant to Article VIII of this
compact, substantially affecting interested
4 parties in addition to the Interstate
Commission, which shall have the
5 force and effect of law in the
compacting states.
6 "State" means a
state of the United States, the District of Columbia
7 and any other territorial possessions
of the United States.
8 "State Council"
means the resident members of the State Council for
9 Interstate Adult Offender Supervision
created by each state under Article
10 III of this compact.
11
ARTICLE III
12
THE COMPACT COMMISSION
13 The compacting states hereby create the
"Interstate Commission for
14 Adult Offender Supervision." The Interstate
Commission shall be a body
15 corporate and joint agency of the
compacting states. The Interstate Com-
16 mission shall have all the
responsibilities, powers and duties set forth
17 herein, including the power to sue and be
sued, and such additional pow-
18 ers as may be conferred upon it by
subsequent action of the respective
19 legislatures of the compacting states in
accordance with the terms of this
20 compact.
21 The Interstate Commission shall consist of
Commissioners selected and
22 appointed by resident members of a State
Council for Interstate Adult
23 Offender Supervision for each state.
24 In addition to the Commissioners who are
the voting representatives of
25 each state, the Interstate Commission shall
include individuals who are
26 not commissioners but who are members of
interested organizations; such
27 non-commissioner members must include a
member of the national or-
28 ganizations of governors, legislators,
state chief justices, attorneys general
29 and crime victims. All non-commissioner
members of the Interstate Com-
30 mission shall be ex-officio (nonvoting)
members. The Interstate Com-
31 mission may provide in its by-laws for such
additional, ex-officio, nonvot-
32 ing members as it deems necessary.
33 Each compacting state represented at any
meeting of the Interstate Com-
34 mission is entitled to one vote. A majority
of the compacting states shall
35 constitute a quorum for the transaction of
business, unless a larger quo-
36 rum is required by the by-laws of the
Interstate Commission.
37 The Interstate Commission shall meet at
least once each calendar year.
38 The chairperson may call additional
meetings and, upon the request of
39 27 or more compacting states, shall call
additional meetings. Public notice
40 shall be given of all meetings and meetings
shall be open to the public.
41 The Interstate Commission shall establish
an Executive Committee which
42 shall include commission officers, members
and others as shall be deter-
43 mined by the By-laws. The Executive
Committee shall have the power
4
1 to act on behalf of the Interstate
Commission during periods when the
2 Interstate Commission is not in
session, with the exception of rulemaking
3 and/or amendment to the Compact. The
Executive Committee oversees
4 the day-to-day activities managed by
the Executive Director and Inter-
5 state Commission staff; administers
enforcement and compliance with the
6 provisions of the compact, its
by-laws and as directed by the Interstate
7 Commission and performs other duties
as directed by Commission or set
8 forth in the By-laws.
9
ARTICLE IV
10
THE STATE COUNCIL
11 There is hereby created a state council for
interstate adult offender su-
12 pervision. The council shall be appointed
as follows: Two members ap-
13 pointed by the president of the senate, two
members appointed by the
14 minority leader of the senate, two members
appointed by the speaker of
15 the house of representatives, two members
appointed by the minority
16 leader of the house of representatives,
four members appointed by the
17 chief justice of the supreme court, four
members appointed by the gov-
18 ernor and four members appointed by the
attorney general representing
19 crime victims groups. The compact
administrator also shall be a member
20 of the council. The appointed members of
the council shall serve for four-
21 year terms. The council shall be
responsible for the appointment of the
22 commissioner who shall serve on the
Interstate Commission from Kansas.
23 The state council shall exercise oversight
and advocacy concerning its
24 participation in Interstate Commission
activities and other duties as may
25 be determined by each member state
including but not limited to, de-
26 velopment of policy concerning operations
and procedures of the com-
27 pact within that state.
28
ARTICLE V
29
POWERS AND DUTIES OF THE INTERSTATE
COMMISSION
30 The Interstate Commission shall have the
following powers:
31 To adopt a seal and
suitable by-laws governing the management and
32 operation of the Interstate Commission.
33 To promulgate rules
which shall have the force and effect of statutory
34 law and shall be binding in the compacting
states to the extent and in the
35 manner provided in this compact.
36 To oversee, supervise
and coordinate the interstate movement of of-
37 fenders subject to the terms of this
compact and any by-laws adopted and
38 rules promulgated by the compact
commission.
39 To enforce compliance
with compact provisions, Interstate Commis-
40 sion rules, and by-laws, using all
necessary and proper means, including
41 but not limited to, the use of judicial
process.
42 To establish and
maintain offices.
43 To purchase and
maintain insurance and bonds
5
1 To borrow,
accept, or contract for services of personnel, including, but
2 not limited to, members and their
staffs.
3 To establish and
appoint committees and hire staff which it deems
4 necessary for the carrying out of its
functions including, but not limited
5 to, an executive committee as
required by Article III which shall have the
6 power to act on behalf of the
Interstate Commission in carrying out its
7 powers and duties hereunder.
8 To elect or
appoint such officers, attorneys, employees, agents, or con-
9 sultants, and to fix their
compensation, define their duties and determine
10 their qualifications; and to establish the
Interstate Commission's person-
11 nel policies and programs relating to,
among other things, conflicts of
12 interest, rates of compensation, and
qualifications of personnel.
13 To accept any and all
donations and grants of money, equipment, sup-
14 plies, materials, and services, and to
receive, utilize, and dispose of same.
15 To lease, purchase,
accept contributions or donations of, or otherwise
16 to own, hold, improve or use any property,
real, personal, or mixed.
17 To sell, convey,
mortgage, pledge, lease, exchange, abandon, or oth-
18 erwise dispose of any property, real,
personal or mixed.
19 To establish a budget
and make expenditures and levy dues as provided
20 in Article X of this compact.
21 To sue and be
sued.
22 To provide for dispute
resolution among Compacting States.
23 To perform such
functions as may be necessary or appropriate to
24 achieve the purposes of this compact.
25 To report annually to
the legislatures, governors, judiciary, and state
26 councils of the compacting states
concerning the activities of the Inter-
27 state Commission during the preceding year.
Such reports shall also in-
28 clude any recommendations that may have
been adopted by the Interstate
29 Commission.
30 To coordinate
education, training and public awareness regarding the
31 interstate movement of offenders for
officials involved in such activity.
32 To establish uniform
standards for the reporting, collecting, and ex-
33 changing of data.
34
ARTICLE VI
35
ORGANIZATION AND OPERATION OF THE
36
INTERSTATE COMMISSION
37 Section A. By-laws
38 The Interstate Commission shall, by a
majority of the Members, within
39 twelve months of the first Interstate
Commission meeting, adopt By-laws
40 to govern its conduct as may be necessary
or appropriate to carry out the
41 purposes of the Compact, including, but not
limited to:
42 establishing the
fiscal year of the Interstate Commission;
43 establishing an
executive committee and such other committees as may
6
1 be necessary;
2 providing
reasonable standards and procedures:
3 (i) for the establishment of
committees, and
4 (ii) governing any general or
specific delegation of any authority or func-
5 tion of the Interstate
Commission;
6 providing
reasonable procedures for calling and conducting meetings
7 of the Interstate Commission, and
ensuring reasonable notice of each
8 such meeting;
9 establishing the
titles and responsibilities of the officers of the Inter-
10 state Commission;
11 providing reasonable
standards and procedures for the establishment
12 of the personnel policies and programs of
the Interstate Commission.
13 Notwithstanding any civil service or other
similar laws of any Compacting
14 State, the By-laws shall exclusively govern
the personnel policies and pro-
15 grams of the Interstate Commission; and
16 providing a mechanism
for winding up the operations of the Interstate
17 Commission and the equitable return of any
surplus funds that may exist
18 upon the termination of the Compact after
the payment and/or reserving
19 of all of its debts and obligations;
20 providing transition
rules for "start up" administration of the compact;
21 establishing standards
and procedures for compliance and technical
22 assistance in carrying out the compact.
23 Section B. Officers and Staff
24 The Interstate Commission shall, by a
majority of the Members, elect
25 from among its Members a chairperson and a
vice chairperson, each of
26 whom shall have such authorities and duties
as may be specified in the
27 By-laws. The chairperson or, in his or her
absence or disability, the vice
28 chairperson, shall preside at all meetings
of the Interstate Commission.
29 The Officers so elected shall serve without
compensation or remuneration
30 from the Interstate Commission; PROVIDED
THAT, subject to the
31 availability of budgeted funds, the
officers shall be reimbursed for any
32 actual and necessary costs and expenses
incurred by them in the perform-
33 ance of their duties and responsibilities
as officers of the Interstate
34 Commission.
35 The Interstate Commission shall, through
its executive committee, ap-
36 point or retain an executive director for
such period, upon such terms
37 and conditions and for such compensation as
the Interstate Commission
38 may deem appropriate. The executive
director shall serve as secretary to
39 the Interstate Commission, and hire and
supervise such other staff as may
40 be authorized by the Interstate Commission,
but shall not be a member.
41 Section C. Corporate Records of the
Interstate Commission
42 The Interstate Commission shall maintain
its corporate books and records
43 in accordance with the By-laws.
7
1 Section D. Qualified Immunity,
Defense and Indemnification
2 The Members, officers, executive
director and employees of the Inter-
3 state Commission shall be immune from
suit and liability, either person-
4 ally or in their official capacity,
for any claim for damage to or loss of
5 property or personal injury or other
civil liability caused or arising out of
6 any actual or alleged act, error or
omission that occurred within the scope
7 of Interstate Commission employment,
duties or responsibilities; PRO-
8 VIDED, that nothing in this paragraph
shall be construed to protect any
9 such person from suit and/or
liability for any damage, loss, injury or lia-
10 bility caused by the intentional or willful
and wanton misconduct of any
11 such person.
12 The Interstate Commission shall defend the
Commissioner of a Com-
13 pacting State, or his or her
representatives or employees, or the Interstate
14 Commission's representatives or employees,
in any civil action seeking to
15 impose liability, arising out of any actual
or alleged act, error or omission
16 that occurred within the scope of
Interstate Commission employment,
17 duties or responsibilities, or that the
defendant had a reasonable basis for
18 believing occurred within the scope of
Interstate Commission employ-
19 ment, duties or responsibilities; PROVIDED,
that the actual or alleged
20 act, error or omission did not result from
intentional wrongdoing on the
21 part of such person.
22 The Interstate Commission shall indemnify
and hold the Commissioner
23 of a Compacting State, the appointed
designee or employees, or the In-
24 terstate Commission's representatives or
employees, harmless in the
25 amount of any settlement or judgment
obtained against such persons
26 arising out of any actual or alleged act,
error or omission that occurred
27 within the scope of Interstate Commission
employment, duties or re-
28 sponsibilities, or that such persons had a
reasonable basis for believing
29 occurred within the scope of Interstate
Commission employment, duties
30 or responsibilities, provided, that the
actual or alleged act, error or omis-
31 sion did not result from gross negligence
or intentional wrongdoing on
32 the part of such person.
33
ARTICLE VII
34 ACTIVITIES OF THE INTERSTATE
COMMISSION
35 The Interstate Commission shall meet and
take such actions as are con-
36 sistent with the provisions of this
Compact.
37 Except as otherwise provided in this
Compact and unless a greater per-
38 centage is required by the By-laws, in
order to constitute an act of the
39 Interstate Commission, such act shall have
been taken at a meeting of
40 the Interstate Commission and shall have
received an affirmative vote of
41 a majority of the members present.
42 Each Member of the Interstate Commission
shall have the right and
43 power to cast a vote to which that
Compacting State is entitled and to
8
1 participate in the business and
affairs of the Interstate Commission. A
2 Member shall vote in person on behalf
of the state and shall not delegate
3 a vote to another member state.
However, a State Council shall appoint
4 another authorized representative, in
the absence of the commissioner
5 from that state, to cast a vote on
behalf of the member state at a specified
6 meeting. The By-laws may provide for
Members' participation in meet-
7 ings by telephone or other means of
telecommunication or electronic
8 communication. Any voting conducted
by telephone, or other means of
9 telecommunication or electronic
communication shall be subject to the
10 same quorum requirements of meetings where
members are present in
11 person.
12 The Interstate Commission shall meet at
least once during each calendar
13 year. The chairperson of the Interstate
Commission may call additional
14 meetings at any time and, upon the request
of a majority of the Members,
15 shall call additional meetings.
16 The Interstate Commission's By-laws shall
establish conditions and pro-
17 cedures under which the Interstate
Commission shall make its informa-
18 tion and official records available to the
public for inspection or copying.
19 The Interstate Commission may exempt from
disclosure any information
20 or official records to the extent they
would adversely affect personal pri-
21 vacy rights or proprietary interests. In
promulgating such Rules, the In-
22 terstate Commission may make available to
law enforcement agencies
23 records and information otherwise exempt
from disclosure, and may enter
24 into agreements with law enforcement
agencies to receive or exchange
25 information or records subject to
nondisclosure and confidentiality
26 provisions.
27 Public notice shall be given of all
meetings and all meetings shall be open
28 to the public, except as set forth in the
Rules or as otherwise provided in
29 the Compact. The Interstate Commission
shall promulgate Rules consis-
30 tent with the principles contained in the
"Government in Sunshine Act,"
31 5 U.S.C. Section 552(b), as may be amended.
The Interstate Commission
32 and any of its committees may close a
meeting to the public where it
33 determines by two-thirds vote that an open
meeting would be likely to:
34 relate solely to the
Interstate Commission's internal personnel practices
35 and procedures;
36 disclose matters
specifically exempted from disclosure by statute;
37 disclosure trade
secrets or commercial or financial information which
38 is privileged or confidential;
39 involve accusing any
person of a crime, or formally censuring any
40 person;
41 disclose information
of a personal nature where disclosure would con-
42 stitute a clearly unwarranted invasion of
personal privacy;
43 disclose investigatory
records compiled for law enforcement purposes;
9
1 disclose
information contained in or related to examination, operating
2 or condition reports prepared by, or
on behalf of or for the use of, the
3 Interstate Commission with respect to
a regulated entity for the purpose
4 of regulation or supervision of such
entity;
5 disclose
information, the premature disclosure of which would signif-
6 icantly endanger the life of a person
or the stability of a regulated entity;
7 specifically
relate to the Interstate Commission's issuance of a sub-
8 poena, or its participation in a
civil action or proceeding.
9 For every meeting closed pursuant to
this provision, the Interstate Com-
10 mission's chief legal officer shall
publicly certify that, in his or her opinion,
11 the meeting may be closed to the public,
and shall reference each relevant
12 exemptive provision. The Interstate
Commission shall keep minutes
13 which shall fully and clearly describe all
matters discussed in any meeting
14 and shall provide a full and accurate
summary of any actions taken, and
15 the reasons therefor, including a
description of each of the views ex-
16 pressed on any item and the record of any
rollcall vote (reflected in the
17 vote of each Member on the question). All
documents considered in con-
18 nection with any action shall be identified
in such minutes.
19 The Interstate Commission shall collect
standardized data concerning the
20 interstate movement of offenders as
directed through its By-laws and
21 Rules which shall specify the data to be
collected, the means of collection
22 and data exchange and reporting
requirements.
23
ARTICLE VIII
24
RULEMAKING FUNCTIONS OF THE
25
INTERSTATE COMMISSION
26 The Interstate Commission shall promulgate
Rules in order to effectively
27 and efficiently achieve the purposes of the
Compact including transition
28 rules governing administration of the
compact during the period in which
29 it is being considered and enacted by the
states.
30 Rulemaking shall occur pursuant to the
criteria set forth in this Article
31 and the By-laws and Rules adopted pursuant
thereto. Such rulemaking
32 shall substantially conform to the
principles of the federal Administrative
33 Procedure Act, 5 U.S.C.S. section 551 et
seq., and the Federal Advisory
34 Committee Act, 5 U.S.C.S. app. 2, section 1
et seq., as may be amended
35 (hereinafter "APA").
36 All Rules and amendments shall become
binding as of the date specified
37 in each Rule or amendment.
38 If a majority of the legislatures of the
Compacting States rejects a Rule,
39 by enactment of a statute or resolution in
the same manner used to adopt
40 the compact, then such Rule shall have no
further force and effect in any
41 Compacting State.
42 When promulgating a Rule, the Interstate
Commission shall:
43 publish the proposed
Rule stating with particularity the text of the Rule
10
1 which is proposed and the reason for
the proposed Rule;
2 allow persons to
submit written data, facts, opinions and arguments,
3 which information shall be publicly
available;
4 provide an
opportunity for an informal hearing; and
5 promulgate a
final Rule and its effective date, if appropriate, based on
6 the rulemaking record.
7 Not later than sixty days after a
Rule is promulgated, any interested per-
8 son may file a petition in the United
States District Court for the District
9 of Columbia or in the Federal
District Court where the Interstate Com-
10 mission's principal office is located for
judicial review of such Rule. If the
11 court finds that the Interstate
Commission's action is not supported by
12 substantial evidence, (as defined in the
APA), in the rulemaking record,
13 the court shall hold the Rule unlawful and
set it aside.
14 Subjects to be addressed within 12 months
after the first meeting must
15 at a minimum include:
16 notice to victims and
opportunity to be heard;
17 offender registration
and compliance;
18
violations/returns;
19 transfer procedures
and forms;
20 eligibility for
transfer;
21 collection of
restitution and fees from offenders;
22 data collection and
reporting;
23 the level of
supervision to be provided by the receiving state;
24 transition rules
governing the operation of the compact and the Inter-
25 state Commission during all or part of the
period between the effective
26 date of the compact and the date on which
the last eligible state adopts
27 the compact;
28 mediation, arbitration
and dispute resolution.
29 The existing rules governing the operation
of the previous compact su-
30 perceded by this Act shall be null and void
twelve (12) months after the
31 first meeting of the Interstate Commission
created hereunder.
32 Upon determination by the Interstate
Commission that an emergency
33 exists, it may promulgate an emergency rule
which shall become effective
34 immediately upon adoption, provided that
the usual rulemaking proce-
35 dures provided hereunder shall be
retroactively applied to said rule as
36 soon as reasonably possible, in no event
later than 90 days after the ef-
37 fective date of the rule.
38
ARTICLE IX
39
OVERSIGHT, ENFORCEMENT, AND DISPUTE
40
RESOLUTION BY THE INTERSTATE COMMISSION
41 Section A. Oversight
42 The Interstate Commission shall oversee the
interstate movement of
43 adult offenders in the compacting states
and shall monitor such activities
11
1 being administered in Non-compacting
States which may significantly af-
2 fect Compacting States.
3 The courts and executive agencies in
each Compacting State shall enforce
4 this Compact and shall take all
actions necessary and appropriate to ef-
5 fectuate the Compact's purposes and
intent. In any judicial or adminis-
6 trative proceeding in a Compacting
State pertaining to the subject matter
7 of this Compact which may affect the
powers, responsibilities or actions
8 of the Interstate Commission, the
Interstate Commission shall be entitled
9 to receive all service of process in
any such proceeding, and shall have
10 standing to intervene in the proceeding for
all purposes.
11 Section B. Dispute Resolution
12 The Compacting States shall report to the
Interstate Commission on is-
13 sues or activities of concern to them, and
cooperate with and support the
14 Interstate Commission in the discharge of
its duties and responsibilities.
15 The Interstate Commission shall attempt to
resolve any disputes or other
16 issues which are subject to the Compact and
which may arise among
17 Compacting States and Non-compacting
States.
18 The Interstate Commission shall enact a
By-law or promulgate a Rule
19 providing for both mediation and binding
dispute resolution for disputes
20 among the Compacting States.
21 Section C. Enforcement
22 The Interstate Commission, in the
reasonable exercise of its discretion,
23 shall enforce the provisions of this
compact using any or all means set
24 forth in Article XII, Section B, of this
compact.
25
ARTICLE X
26
FINANCE
27 The Interstate Commission shall pay or
provide for the payment of the
28 reasonable expenses of its establishment,
organization and ongoing
29 activities.
30 The Interstate Commission shall levy on and
collect an annual assessment
31 from each Compacting State to cover the
cost of the internal operations
32 and activities of the Interstate Commission
and its staff which must be in
33 a total amount sufficient to cover the
Interstate Commission's annual
34 budget as approved each year. The aggregate
annual assessment amount
35 shall be allocated based upon a formula to
be determined by the Inter-
36 state Commission, taking into consideration
the population of the state
37 and the volume of interstate movement of
offenders in each Compacting
38 State and shall promulgate a Rule binding
upon all Compacting States
39 which governs said assessment.
40 The Interstate Commission shall not incur
any obligations of any kind
41 prior to securing the funds adequate to
meet the same; nor shall the
42 Interstate Commission pledge the credit of
any of the compacting states,
43 except by and with the authority of the
compacting state.
12
1 The Interstate Commission shall keep
accurate accounts of all receipts
2 and disbursements. The receipts and
disbursements of the Interstate
3 Commission shall be subject to the
audit and accounting procedures es-
4 tablished under its By-laws. However,
all receipts and disbursements of
5 funds handled by the Interstate
Commission shall be audited yearly by a
6 certified or licensed public
accountant and the report of the audit shall
7 be included in and become part of the
annual report of the Interstate
8 Commission.
9
ARTICLE XI
10
COMPACTING STATES, EFFECTIVE DATE
11
AND AMENDMENT
12 Any state, as defined in Article II of this
compact, is eligible to become
13 a Compacting State.
14 The Compact shall become effective and
binding upon legislative enact-
15 ment of the Compact into law by no less
than 35 of the States. The initial
16 effective date shall be the later of July
1, 2001, or upon enactment into
17 law by the 35th jurisdiction. Thereafter it
shall become effective and
18 binding, as to any other Compacting State,
upon enactment of the Com-
19 pact into law by that State. The governors
of Non-member states or their
20 designees will be invited to participate in
Interstate Commission activities
21 on a non-voting basis prior to adoption of
the compact by all states and
22 territories of the United States.
23 Amendments to the Compact may be proposed
by the Interstate Com-
24 mission for enactment by the Compacting
States. No amendment shall
25 become effective and binding upon the
Interstate Commission and the
26 Compacting States unless and until it is
enacted into law by unanimous
27 consent of the Compacting States.
28
ARTICLE XII
29
WITHDRAWAL, DEFAULT, TERMINATION, AND
30
JUDICIAL ENFORCEMENT
31 Section A. Withdrawal
32 Once effective, the Compact shall continue
in force and remain binding
33 upon each and every Compacting State;
PROVIDED, that a Compacting
34 State may withdraw from the Compact
("Withdrawing State") by enacting
35 a statute specifically repealing the
statute which enacted the Compact
36 into law.
37 The effective date of withdrawal is the
effective date of the repeal.
38 The Withdrawing State shall immediately
notify the Chairperson of the
39 Interstate Commission in writing upon the
introduction of legislation re-
40 pealing this Compact in the Withdrawing
State.
41 The Interstate Commission shall notify the
other Compacting States of
42 the Withdrawing State's intent to withdraw
within sixty days of its receipt
43 thereof.
13
1 The Withdrawing State is responsible
for all assessments, obligations and
2 liabilities incurred through the
effective date of withdrawal, including any
3 obligations, the performance of which
extend beyond the effective date
4 of withdrawal.
5 Reinstatement following withdrawal of
any Compacting State shall occur
6 upon the Withdrawing State reenacting
the Compact or upon such later
7 date as determined by the Interstate
Commission
8 Section B. Default
9 If the Interstate Commission
determines that any Compacting State has
10 at any time defaulted ("Defaulting State")
in the performance of any of
11 its obligations or responsibilities under
this Compact, the By-laws or any
12 duly promulgated Rules the Interstate
Commission may impose any or
13 all of the following penalties:
14 Fines, fees and costs in such amounts as
are deemed to be reasonable as
15 fixed by the Interstate Commission;
16 Remedial training and technical assistance
as directed by the Interstate
17 Commission;
18 Suspension and termination of membership in
the compact. Suspension
19 shall be imposed only after all other
reasonable means of securing com-
20 pliance under the By-laws and Rules have
been exhausted. Immediate
21 notice of suspension shall be given by the
Interstate Commission to the
22 Governor, the Chief Justice or Chief
Judicial Officer of the state; the
23 majority and minority leaders of the
defaulting state's legislature, and the
24 State Council.
25 The grounds for default include, but are
not limited to, failure of a Com-
26 pacting State to perform such obligations
or responsibilities imposed
27 upon it by this compact, Interstate
Commission By-laws, or duly prom-
28 ulgated Rules. The Interstate Commission
shall immediately notify the
29 Defaulting State in writing of the penalty
imposed by the Interstate Com-
30 mission on the Defaulting State pending a
cure of the default. The In-
31 terstate Commission shall stipulate the
conditions and the time period
32 within which the Defaulting State must cure
its default. If the Defaulting
33 State fails to cure the default within the
time period specified by the
34 Interstate Commission, in addition to any
other penalties imposed herein,
35 the Defaulting State may be terminated from
the Compact upon an af-
36 firmative vote of a majority of the
Compacting States and all rights, priv-
37 ileges and benefits conferred by this
Compact shall be terminated from
38 the effective date of suspension.
39 Within sixty days of the effective date of
termination of a Defaulting State,
40 the Interstate Commission shall notify the
Governor, the Chief Justice or
41 Chief Judicial Officer and the Majority and
Minority Leaders of the De-
42 faulting State's legislature and the state
council of such termination.
43 The Defaulting State is responsible for all
assessments, obligations and
14
1 liabilities incurred through the
effective date of termination including any
2 obligations, the performance of which
extends beyond the effective date
3 of termination.
4 The Interstate Commission shall not
bear any costs relating to the De-
5 faulting State unless otherwise
mutually agreed upon between the Inter-
6 state Commission and the Defaulting
State.
7 Reinstatement following termination
of any Compacting State requires
8 both a reenactment of the Compact by
the Defaulting State and the
9 approval of the Interstate Commission
pursuant to the Rules.
10 Section C. Judicial Enforcement
11 The Interstate Commission may, by majority
vote of the Members, ini-
12 tiate legal action in the United States
District Court for the District of
13 Columbia or, at the discretion of the
Interstate Commission, in the Fed-
14 eral District where the Interstate
Commission has its offices to enforce
15 compliance with the provisions of the
Compact, its duly promulgated
16 Rules and By-laws, against any Compacting
State in default. In the event
17 judicial enforcement is necessary the
prevailing party shall be awarded all
18 costs of such litigation including
reasonable attorneys fees.
19 Section D. Dissolution of
Compact
20 The Compact dissolves effective upon the
date of the withdrawal or de-
21 fault of the Compacting State which reduces
membership in the Compact
22 to one Compacting State.
23 Upon the dissolution of this Compact, the
Compact becomes null and
24 void and shall be of no further force or
effect, and the business and affairs
25 of the Interstate Commission shall be wound
up and any surplus funds
26 shall be distributed in accordance with the
By-laws.
27
ARTICLE XIII
28
SEVERABILITY AND CONSTRUCTION
29 The provisions of this Compact shall be
severable, and if any phrase,
30 clause, sentence or provision is deemed
unenforceable, the remaining
31 provisions of the Compact shall be
enforceable.
32 The provisions of this Compact shall be
liberally constructed to effectuate
33 its purposes.
34
ARTICLE XIV
35
BINDING EFFECT OF COMPACT AND OTHER LAWS
36 Section A. Other Laws
37 Nothing herein prevents the enforcement of
any other law of a Com-
38 pacting State that is not inconsistent with
this Compact.
39 All Compacting States' laws conflicting
with this Compact are superseded
40 to the extent of the conflict.
41 Section B. Binding Effect of the
Compact
42 All lawful actions of the Interstate
Commission, including all Rules and
43 By-laws promulgated by the Interstate
Commission, are binding upon the
15
1 Compacting States.
2 All agreements between the Interstate
Commission and the Compacting
3 States are binding in accordance with
their terms.
4 Upon the request of a party to a
conflict over meaning or interpretation
5 of Interstate Commission actions, and
upon a majority vote of the Com-
6 pacting States, the Interstate
Commission may issue advisory opinions
7 regarding such meaning or
interpretation.
8 In the event any provision of this
Compact exceeds the constitutional
9 limits imposed on the legislature of
any Compacting State, the obligations,
10 duties, powers or jurisdiction sought to be
conferred by such provision
11 upon the Interstate Commission shall be
ineffective and such obligations,
12 duties, powers or jurisdiction shall remain
in the Compacting State and
13 shall be exercised by the agency thereof to
which such obligations, duties,
14 powers or jurisdiction are delegated by law
in effect at the time this
15 Compact becomes effective.
16 Sec. 2. K.S.A. 22-4101, 22-4102
and 22-4103 are hereby repealed.
17 Sec. 3. This act shall
take effect and be in force from and after the
18 later of July 1, 2001 or upon enactment
into law by the 35th jurisdiction,
19 and its publication in the statute
book.