Session of 2000
HOUSE BILL No. 3025
By Committee on Appropriations
3-8
10 AN ACT enacting
the interstate compact for adult offenders supervision;
11 repealing K.S.A.
22-4101, 22-4102 and 22-4103.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section
1. This act may be cited as the interstate compact for
adult
15 offender supervision.
16
ARTICLE I
17
PURPOSE
18 The compacting states to this Interstate
Compact recognize that each
19 state is responsible for the supervision of
adult offenders in the com-
20 munity who are authorized pursuant to the
Bylaws and Rules of this
21 compact to travel across state lines both
to and from each compacting
22 state in such a manner as to track the
location of offenders, transfer
23 supervision authority in an orderly and
efficient manner, and when nec-
24 essary return offenders to the originating
jurisdictions. The compacting
25 states also recognize that Congress, by
enacting the Crime Control Act,
26 4 U.S.C. Section 112 (1965), has authorized
and encouraged compacts
27 for cooperative efforts and mutual
assistance in the prevention of crime.
28 It is the purpose of this compact and the
Interstate Commission created
29 hereunder, through means of joint and
cooperative action among the
30 compacting states: to provide the framework
for the promotion of public
31 safety and protect the rights of victims
through the control and regulation
32 of the interstate movement of offenders in
the community; to provide for
33 the effective tracking, supervision, and
rehabilitation of these offenders
34 by the sending and receiving states; and to
equitably distribute the costs,
35 benefits and obligations of the compact
among the compacting states. In
36 addition, this compact will: create a
Interstate Commission which will
37 establish uniform procedures to manage the
movement between states
38 of adults placed under community
supervision and released to the com-
39 munity under the jurisdiction of courts,
paroling authorities, corrections
40 or other criminal justice agencies which
will promulgate rules to achieve
41 the purpose of this compact; ensure an
opportunity for input and timely
42 notice to victims and to jurisdictions
where defined offenders are au-
43 thorized to travel or to relocate across
state lines; establish a system of
2
1 uniform data collection, access to
information on active cases by author-
2 ized criminal justice officials, and
regular reporting of Compact activities
3 to heads of state councils, state
executive, judicial, and legislative branches
4 and criminal justice administrators;
monitor compliance with rules gov-
5 erning interstate movement of
offenders and initiate interventions to ad-
6 dress and correct noncompliance; and
coordinate training and education
7 regarding regulations of interstate
movement of offenders for officials
8 involved in such activity. The
compacting states recognize that there is
9 no ``right'' of any offender to live
in another state and that duly accredited
10 officers of a sending state may at all
times enter a receiving state and
11 there apprehend and retake any offender
under supervision subject to
12 the provisions of this compact and Bylaws
and Rules promulgated here-
13 under. It is the policy of the compacting
states that the activities con-
14 ducted by the Interstate Commission created
herein are the formation of
15 public policies and are therefore public
business.
16
ARTICLE II
17
DEFINITIONS
18 As used in this compact, unless the context
clearly requires a different
19 construction:
20 ``Adult'' means both
individuals legally classified as adults and juveniles
21 treated as adults by court order, statute,
or operation of law.
22 ``By-laws'' means
those by-laws established by the Interstate Commis-
23 sion for its governance, or for directing
or controlling the Interstate Com-
24 mission's actions or conduct.
25 ``Compact
Administrator'' means the individual in each compacting
26 state appointed by the governor responsible
for the administration and
27 management of the state's supervision and
transfer of offenders subject
28 to the terms of this compact, the rules
adopted by the Interstate Com-
29 mission and policies adopted by the State
Council under this compact.
30 ``Compacting State''
means any state which has enacted the enabling
31 legislation for this compact.
32 ``Commissioner'' means
the voting representative of each compacting
33 state appointed pursuant to Article III of
this compact.
34 ``Interstate
Commission'' means the Interstate Commission for Adult
35 Offender Supervision established by this
compact.
36 ``Member'' means the
commissioner of a compacting state or designee,
37 who shall be a person officially connected
with the commissioner.
38 ``Non-compacting
state'' means any state which has not enacted the
39 enabling legislation for this compact.
40 ``Offender'' means an
adult placed under, or subject, to supervision as
41 the result of the commission of a criminal
offense and released to the
42 community under the jurisdiction of courts,
paroling authorities, correc-
43 tions, or other criminal justice
agencies.
3
1 ``Person'' means
any individual, corporation, business enterprise, or
2 other legal entity, either public or
private.
3 ``Rules'' means
acts of the Interstate Commission, duly promulgated
4 pursuant to Article VIII of this
compact, substantially affecting interested
5 parties in addition to the Interstate
Commission, which shall have the
6 force and effect of law in the
compacting states.
7 ``State'' means
a state of the United States, the District of Columbia
8 and any other territorial possessions
of the United States.
9 ``State
Council'' means the resident members of the State Council for
10 Interstate Adult Offender Supervision
created by each state under Article
11 III of this compact.
12
ARTICLE III
13
THE COMPACT COMMISSION
14 The compacting states hereby create the
``Interstate Commission for
15 Adult Offender Supervision.'' The
Interstate Commission shall be a body
16 corporate and joint agency of the
compacting states. The Interstate Com-
17 mission shall have all the
responsibilities, powers and duties set forth
18 herein, including the power to sue and be
sued, and such additional pow-
19 ers as may be conferred upon it by
subsequent action of the respective
20 legislatures of the compacting states in
accordance with the terms of this
21 compact. The Interstate Commission shall
consist of Commissioners se-
22 lected and appointed by resident members of
a State Council for Inter-
23 state Adult Offender Supervision for each
state. In addition to the Com-
24 missioners who are the voting
representatives of each state, the Interstate
25 Commission shall include individuals who
are not commissioners but who
26 are members of interested organizations;
such non-commissioner mem-
27 bers must include a member of the national
organizations of governors,
28 legislators, state chief justices,
attorneys general and crime victims. All
29 non-commissioner members of the Interstate
Commission shall be ex-
30 officio (nonvoting) members. The Interstate
Commission may provide in
31 its by-laws for such additional,
ex-officio, nonvoting members as it deems
32 necessary. Each compacting state
represented at any meeting of the In-
33 terstate Commission is entitled to one
vote. A majority of the compacting
34 states shall constitute a quorum for the
transaction of business, unless a
35 larger quorum is required by the by-laws of
the Interstate Commission.
36 The Interstate Commission shall meet at
least once each calendar year.
37 The chairperson may call additional
meetings and, upon the request of
38 27 or more compacting states, shall call
additional meetings. Public notice
39 shall be given of all meetings and meetings
shall be open to the public.
40 The Interstate Commission shall establish
an Executive Committee which
41 shall include commission officers, members
and others as shall be deter-
42 mined by the By-laws. The Executive
Committee shall have the power
43 to act on behalf of the Interstate
Commission during periods when the
4
1 Interstate Commission is not in
session, with the exception of rulemaking
2 and/or amendment to the Compact. The
Executive Committee oversees
3 the day-to-day activities managed by
the Executive Director and Inter-
4 state Commission staff; administers
enforcement and compliance with the
5 provisions of the compact, its
by-laws and as directed by the Interstate
6 Commission and performs other duties
as directed by Commission or set
7 forth in the By-laws.
8
ARTICLE IV
9
THE STATE COUNCIL
10 There is hereby created a state council for
interstate adult offender su-
11 pervision. The council shall be appointed
as follows: Two members ap-
12 pointed by the president of the senate, two
members appointed by the
13 minority leader of the senate, two members
appointed by the speaker of
14 the house of representatives, two members
appointed by the minority
15 leader of the house of representatives,
four members appointed by the
16 chief justice of the supreme court, four
members appointed by the gov-
17 ernor and four members appointed by the
attorney general representing
18 crime victims groups. The compact
administrator also shall be a member
19 of the council. The appointed members of
the council shall serve for four-
20 year terms. The council shall be
responsible for the appointment of the
21 commissioner who shall serve on the
Interstate Commission from Kansas.
22 The state council shall exercise oversight
and advocacy concerning its
23 participation in Interstate Commission
activities and other duties as may
24 be determined by each member state
including but not limited to, de-
25 velopment of policy concerning operations
and procedures of the com-
26 pact within that state.
27
ARTICLE V
28
POWERS AND DUTIES OF THE INTERSTATE
COMMISSION
29 The Interstate Commission shall have the
following powers:
30 To adopt a seal and
suitable by-laws governing the management and
31 operation of the Interstate Commission.
32 To promulgate rules
which shall have the force and effect of statutory
33 law and shall be binding in the compacting
states to the extent and in the
34 manner provided in this compact.
35 To oversee, supervise
and coordinate the interstate movement of of-
36 fenders subject to the terms of this
compact and any by-laws adopted and
37 rules promulgated by the compact
commission.
38 To enforce compliance
with compact provisions, Interstate Commis-
39 sion rules, and by-laws, using all
necessary and proper means, including
40 but not limited to, the use of judicial
process.
41 To establish and
maintain offices.
42 To purchase and
maintain insurance and bonds
43 To borrow, accept, or
contract for services of personnel, including, but
5
1 not limited to, members and their
staffs.
2 To establish and
appoint committees and hire staff which it deems
3 necessary for the carrying out of its
functions including, but not limited
4 to, an executive committee as
required by Article III which shall have the
5 power to act on behalf of the
Interstate Commission in carrying out its
6 powers and duties hereunder.
7 To elect or
appoint such officers, attorneys, employees, agents, or con-
8 sultants, and to fix their
compensation, define their duties and determine
9 their qualifications; and to
establish the Interstate Commission's person-
10 nel policies and programs relating to,
among other things, conflicts of
11 interest, rates of compensation, and
qualifications of personnel.
12 To accept any and all
donations and grants of money, equipment, sup-
13 plies, materials, and services, and to
receive, utilize, and dispose of same.
14 To lease, purchase,
accept contributions or donations of, or otherwise
15 to own, hold, improve or use any property,
real, personal, or mixed.
16 To sell, convey,
mortgage, pledge, lease, exchange, abandon, or oth-
17 erwise dispose of any property, real,
personal or mixed.
18 To establish a budget
and make expenditures and levy dues as provided
19 in Article X of this compact.
20 To sue and be
sued.
21 To provide for dispute
resolution among Compacting States.
22 To perform such
functions as may be necessary or appropriate to
23 achieve the purposes of this compact.
24 To report annually to
the legislatures, governors, judiciary, and state
25 councils of the compacting states
concerning the activities of the Inter-
26 state Commission during the preceding year.
Such reports shall also in-
27 clude any recommendations that may have
been adopted by the Interstate
28 Commission.
29 To coordinate
education, training and public awareness regarding the
30 interstate movement of offenders for
officials involved in such activity.
31 To establish uniform
standards for the reporting, collecting, and ex-
32 changing of data.
33
ARTICLE VI
34
ORGANIZATION AND OPERATION OF THE
35
INTERSTATE COMMISSION
36 Section A. By-laws
37 The Interstate Commission shall, by a
majority of the Members, within
38 twelve months of the first Interstate
Commission meeting, adopt By-laws
39 to govern its conduct as may be necessary
or appropriate to carry out the
40 purposes of the Compact, including, but not
limited to:
41 establishing the
fiscal year of the Interstate Commission;
42 establishing an
executive committee and such other committees as may
43 be necessary;
6
1 providing
reasonable standards and procedures:
2 (i) for the establishment
of committees, and
3 (ii) governing any general
or specific delegation of any authority or
4 function of the Interstate
Commission;
5 providing
reasonable procedures for calling and conducting meetings
6 of the Interstate Commission, and
ensuring reasonable notice of each
7 such meeting;
8 establishing the
titles and responsibilities of the officers of the Inter-
9 state Commission;
10 providing reasonable
standards and procedures for the establishment
11 of the personnel policies and programs of
the Interstate Commission.
12 Notwithstanding any civil service or other
similar laws of any Compacting
13 State, the By-laws shall exclusively govern
the personnel policies and pro-
14 grams of the Interstate Commission; and
15 providing a mechanism
for winding up the operations of the Interstate
16 Commission and the equitable return of any
surplus funds that may exist
17 upon the termination of the Compact after
the payment and/or reserving
18 of all of its debts and obligations;
19 providing transition
rules for ``start up'' administration of the compact;
20 establishing standards
and procedures for compliance and technical
21 assistance in carrying out the compact.
22 Section B. Officers and Staff
23 The Interstate Commission shall, by a
majority of the Members, elect
24 from among its Members a chairperson and a
vice chairperson, each of
25 whom shall have such authorities and duties
as may be specified in the
26 By-laws. The chairperson or, in his or her
absence or disability, the vice
27 chairperson, shall preside at all meetings
of the Interstate Commission.
28 The Officers so elected shall serve without
compensation or remuneration
29 from the Interstate Commission; PROVIDED
THAT, subject to the
30 availability of budgeted funds, the
officers shall be reimbursed for any
31 actual and necessary costs and expenses
incurred by them in the perform-
32 ance of their duties and responsibilities
as officers of the Interstate Com-
33 mission. The Interstate Commission shall,
through its executive commit-
34 tee, appoint or retain an executive
director for such period, upon such
35 terms and conditions and for such
compensation as the Interstate Com-
36 mission may deem appropriate. The executive
director shall serve as sec-
37 retary to the Interstate Commission, and
hire and supervise such other
38 staff as may be authorized by the
Interstate Commission, but shall not be
39 a member.
40 Section C. Corporate Records of the
Interstate Commission
41 The Interstate Commission shall maintain
its corporate books and records
42 in accordance with the By-laws.
43 Section D. Qualified Immunity, Defense
and Indemnification
7
1 The Members, officers, executive
director and employees of the Inter-
2 state Commission shall be immune from
suit and liability, either person-
3 ally or in their official capacity,
for any claim for damage to or loss of
4 property or personal injury or other
civil liability caused or arising out of
5 any actual or alleged act, error or
omission that occurred within the scope
6 of Interstate Commission employment,
duties or responsibilities; PRO-
7 VIDED, that nothing in this paragraph
shall be construed to protect any
8 such person from suit and/or
liability for any damage, loss, injury or lia-
9 bility caused by the intentional or
willful and wanton misconduct of any
10 such person. The Interstate Commission
shall defend the Commissioner
11 of a Compacting State, or his or her
representatives or employees, or the
12 Interstate Commission's representatives or
employees, in any civil action
13 seeking to impose liability, arising out of
any actual or alleged act, error
14 or omission that occurred within the scope
of Interstate Commission em-
15 ployment, duties or responsibilities, or
that the defendant had a reason-
16 able basis for believing occurred within
the scope of Interstate Commis-
17 sion employment, duties or
responsibilities; PROVIDED, that the actual
18 or alleged act, error or omission did not
result from intentional wrong-
19 doing on the part of such person. The
Interstate Commission shall in-
20 demnify and hold the Commissioner of a
Compacting State, the ap-
21 pointed designee or employees, or the
Interstate Commission's
22 representatives or employees, harmless in
the amount of any settlement
23 or judgment obtained against such persons
arising out of any actual or
24 alleged act, error or omission that
occurred within the scope of Interstate
25 Commission employment, duties or
responsibilities, or that such persons
26 had a reasonable basis for believing
occurred within the scope of Inter-
27 state Commission employment, duties or
responsibilities, provided, that
28 the actual or alleged act, error or
omission did not result from gross
29 negligence or intentional wrongdoing on the
part of such person.
30
ARTICLE VII
31
ACTIVITIES OF THE INTERSTATE COMMISSION
32 The Interstate Commission shall meet and
take such actions as are con-
33 sistent with the provisions of this
Compact. Except as otherwise provided
34 in this Compact and unless a greater
percentage is required by the By-
35 laws, in order to constitute an act of the
Interstate Commission, such act
36 shall have been taken at a meeting of the
Interstate Commission and shall
37 have received an affirmative vote of a
majority of the members present.
38 Each Member of the Interstate Commission
shall have the right and
39 power to cast a vote to which that
Compacting State is entitled and to
40 participate in the business and affairs of
the Interstate Commission. A
41 Member shall vote in person on behalf of
the state and shall not delegate
42 a vote to another member state. However, a
State Council shall appoint
43 another authorized representative, in the
absence of the commissioner
8
1 from that state, to cast a vote on
behalf of the member state at a specified
2 meeting. The By-laws may provide for
Members' participation in meet-
3 ings by telephone or other means of
telecommunication or electronic
4 communication. Any voting conducted
by telephone, or other means of
5 telecommunication or electronic
communication shall be subject to the
6 same quorum requirements of meetings
where members are present in
7 person. The Interstate Commission
shall meet at least once during each
8 calendar year. The chairperson of the
Interstate Commission may call
9 additional meetings at any time and,
upon the request of a majority of
10 the Members, shall call additional
meetings. The Interstate Commission's
11 By-laws shall establish conditions and
procedures under which the Inter-
12 state Commission shall make its information
and official records available
13 to the public for inspection or copying.
The Interstate Commission may
14 exempt from disclosure any information or
official records to the extent
15 they would adversely affect personal
privacy rights or proprietary inter-
16 ests. In promulgating such Rules, the
Interstate Commission may make
17 available to law enforcement agencies
records and information otherwise
18 exempt from disclosure, and may enter into
agreements with law enforce-
19 ment agencies to receive or exchange
information or records subject to
20 nondisclosure and confidentiality
provisions. Public notice shall be given
21 of all meetings and all meetings shall be
open to the public, except as set
22 forth in the Rules or as otherwise provided
in the Compact. The Interstate
23 Commission shall promulgate Rules
consistent with the principles con-
24 tained in the ``Government in Sunshine
Act,'' 5 U.S.C. Section 552(b), as
25 may be amended. The Interstate Commission
and any of its committees
26 may close a meeting to the public where it
determines by two-thirds vote
27 that an open meeting would be likely
to:
28 relate solely to the
Interstate Commission's internal personnel practices
29 and procedures;
30 disclose matters
specifically exempted from disclosure by statute;
31 disclosure trade
secrets or commercial or financial information which
32 is privileged or confidential;
33 involve accusing any
person of a crime, or formally censuring any
34 person;
35 disclose information
of a personal nature where disclosure would con-
36 stitute a clearly unwarranted invasion of
personal privacy;
37 disclose investigatory
records compiled for law enforcement purposes;
38 disclose information
contained in or related to examination, operating
39 or condition reports prepared by, or on
behalf of or for the use of, the
40 Interstate Commission with respect to a
regulated entity for the purpose
41 of regulation or supervision of such
entity;
42 disclose information,
the premature disclosure of which would signif-
43 icantly endanger the life of a person or
the stability of a regulated entity;
9
1 specifically
relate to the Interstate Commission's issuance of a sub-
2 poena, or its participation in a
civil action or proceeding. For every meet-
3 ing closed pursuant to this
provision, the Interstate Commission's chief
4 legal officer shall publicly certify
that, in his or her opinion, the meeting
5 may be closed to the public, and
shall reference each relevant exemptive
6 provision. The Interstate Commission
shall keep minutes which shall fully
7 and clearly describe all matters
discussed in any meeting and shall provide
8 a full and accurate summary of any
actions taken, and the reasons there-
9 for, including a description of each
of the views expressed on any item
10 and the record of any rollcall vote
(reflected in the vote of each Member
11 on the question). All documents considered
in connection with any action
12 shall be identified in such minutes. The
Interstate Commission shall col-
13 lect standardized data concerning the
interstate movement of offenders
14 as directed through its By-laws and Rules
which shall specify the data to
15 be collected, the means of collection and
data exchange and reporting
16 requirements.
17
ARTICLE VIII
18
RULEMAKING FUNCTIONS OF THE
19
INTERSTATE COMMISSION
20 The Interstate Commission shall promulgate
Rules in order to effectively
21 and efficiently achieve the purposes of the
Compact including transition
22 rules governing administration of the
compact during the period in which
23 it is being considered and enacted by the
states. Rulemaking shall occur
24 pursuant to the criteria set forth in this
Article and the By-laws and Rules
25 adopted pursuant thereto. Such rulemaking
shall substantially conform
26 to the principles of the federal
Administrative Procedure Act, 5 U.S.C.S.
27 section 551 et seq., and the Federal
Advisory Committee Act, 5 U.S.C.S.
28 app. 2, section 1 et seq., as may be
amended (hereinafter ``APA''). All
29 Rules and amendments shall become binding
as of the date specified in
30 each Rule or amendment. If a majority of
the legislatures of the Com-
31 pacting States rejects a Rule, by enactment
of a statute or resolution in
32 the same manner used to adopt the compact,
then such Rule shall have
33 no further force and effect in any
Compacting State. When promulgating
34 a Rule, the Interstate Commission
shall:
35 publish the proposed
Rule stating with particularity the text of the Rule
36 which is proposed and the reason for the
proposed Rule;
37 allow persons to
submit written data, facts, opinions and arguments,
38 which information shall be publicly
available;
39 provide an opportunity
for an informal hearing; and
40 promulgate a final
Rule and its effective date, if appropriate, based on
41 the rulemaking record. Not later than sixty
days after a Rule is promul-
42 gated, any interested person may file a
petition in the United States Dis-
43 trict Court for the District of Columbia or
in the Federal District Court
10
1 where the Interstate Commission's
principal office is located for judicial
2 review of such Rule. If the court
finds that the Interstate Commission's
3 action is not supported by
substantial evidence, (as defined in the APA),
4 in the rulemaking record, the court
shall hold the Rule unlawful and set
5 it aside. Subjects to be addressed
within 12 months after the first meeting
6 must at a minimum include:
7 notice to
victims and opportunity to be heard;
8 offender
registration and compliance;
9
violations/returns;
10 transfer procedures
and forms;
11 eligibility for
transfer;
12 collection of
restitution and fees from offenders;
13 data collection and
reporting;
14 the level of
supervision to be provided by the receiving state;
15 transition rules
governing the operation of the compact and the Inter-
16 state Commission during all or part of the
period between the effective
17 date of the compact and the date on which
the last eligible state adopts
18 the compact;
19 mediation, arbitration
and dispute resolution. The existing rules gov-
20 erning the operation of the previous
compact superceded by this Act shall
21 be null and void twelve (12) months after
the first meeting of the Inter-
22 state Commission created hereunder. Upon
determination by the Inter-
23 state Commission that an emergency exists,
it may promulgate an emer-
24 gency rule which shall become effective
immediately upon adoption,
25 provided that the usual rulemaking
procedures provided hereunder shall
26 be retroactively applied to said rule as
soon as reasonably possible, in no
27 event later than 90 days after the
effective date of the rule.
28
ARTICLE IX
29 OVERSIGHT, ENFORCEMENT, AND DISPUTE
RESOLUTION
30
BY THE INTERSTATE COMMISSION
31 Section A. Oversight
32 The Interstate Commission shall oversee the
interstate movement of
33 adult offenders in the compacting states
and shall monitor such activities
34 being administered in Non-compacting States
which may significantly af-
35 fect Compacting States. The courts and
executive agencies in each Com-
36 pacting State shall enforce this Compact
and shall take all actions nec-
37 essary and appropriate to effectuate the
Compact's purposes and intent.
38 In any judicial or administrative
proceeding in a Compacting State per-
39 taining to the subject matter of this
Compact which may affect the pow-
40 ers, responsibilities or actions of the
Interstate Commission, the Interstate
41 Commission shall be entitled to receive all
service of process in any such
42 proceeding, and shall have standing to
intervene in the proceeding for all
43 purposes.
11
1 Section B. Dispute
Resolution
2 The Compacting States shall report to
the Interstate Commission on is-
3 sues or activities of concern to
them, and cooperate with and support the
4 Interstate Commission in the
discharge of its duties and responsibilities.
5 The Interstate Commission shall
attempt to resolve any disputes or other
6 issues which are subject to the
Compact and which may arise among
7 Compacting States and Non-compacting
States. The Interstate Commis-
8 sion shall enact a By-law or
promulgate a Rule providing for both medi-
9 ation and binding dispute resolution
for disputes among the Compacting
10 States.
11 Section C. Enforcement
12 The Interstate Commission, in the
reasonable exercise of its discretion,
13 shall enforce the provisions of this
compact using any or all means set
14 forth in Article XII, Section B, of this
compact.
15
ARTICLE X FINANCE
16 The Interstate Commission shall pay or
provide for the payment of the
17 reasonable expenses of its establishment,
organization and ongoing activ-
18 ities. The Interstate Commission shall levy
on and collect an annual as-
19 sessment from each Compacting State to
cover the cost of the internal
20 operations and activities of the Interstate
Commission and its staff which
21 must be in a total amount sufficient to
cover the Interstate Commission's
22 annual budget as approved each year. The
aggregate annual assessment
23 amount shall be allocated based upon a
formula to be determined by the
24 Interstate Commission, taking into
consideration the population of the
25 state and the volume of interstate movement
of offenders in each Com-
26 pacting State and shall promulgate a Rule
binding upon all Compacting
27 States which governs said assessment. The
Interstate Commission shall
28 not incur any obligations of any kind prior
to securing the funds adequate
29 to meet the same; nor shall the Interstate
Commission pledge the credit
30 of any of the compacting states, except by
and with the authority of the
31 compacting state. The Interstate Commission
shall keep accurate ac-
32 counts of all receipts and disbursements.
The receipts and disbursements
33 of the Interstate Commission shall be
subject to the audit and accounting
34 procedures established under its By-laws.
However, all receipts and dis-
35 bursements of funds handled by the
Interstate Commission shall be au-
36 dited yearly by a certified or licensed
public accountant and the report
37 of the audit shall be included in and
become part of the annual report of
38 the Interstate Commission.
39
ARTICLE XI
40
COMPACTING STATES, EFFECTIVE DATE
41
AND AMENDMENT
42 Any state, as defined in Article II of this
compact, is eligible to become
43 a Compacting State. The Compact shall
become effective and binding
12
1 upon legislative enactment of the
Compact into law by no less than 35 of
2 the States. The initial effective
date shall be the later of July 1, 2001, or
3 upon enactment into law by the
35th jurisdiction. Thereafter it shall be-
4 come effective and binding, as to any
other Compacting State, upon en-
5 actment of the Compact into law by
that State. The governors of Non-
6 member states or their designees will
be invited to participate in
7 Interstate Commission activities on a
non-voting basis prior to adoption
8 of the compact by all states and
territories of the United States. Amend-
9 ments to the Compact may be proposed
by the Interstate Commission
10 for enactment by the Compacting States. No
amendment shall become
11 effective and binding upon the Interstate
Commission and the Com-
12 pacting States unless and until it is
enacted into law by unanimous consent
13 of the Compacting States.
14
ARTICLE XII
15
WITHDRAWAL, DEFAULT, TERMINATION, AND
16
JUDICIAL ENFORCEMENT
17 Section A. Withdrawal
18 Once effective, the Compact shall continue
in force and remain binding
19 upon each and every Compacting State;
PROVIDED, that a Compacting
20 State may withdraw from the Compact
(``Withdrawing State'') by enacting
21 a statute specifically repealing the
statute which enacted the Compact
22 into law. The effective date of withdrawal
is the effective date of the
23 repeal. The Withdrawing State shall
immediately notify the Chairperson
24 of the Interstate Commission in writing
upon the introduction of legis-
25 lation repealing this Compact in the
Withdrawing State. The Interstate
26 Commission shall notify the other
Compacting States of the Withdrawing
27 State's intent to withdraw within sixty
days of its receipt thereof. The
28 Withdrawing State is responsible for all
assessments, obligations and lia-
29 bilities incurred through the effective
date of withdrawal, including any
30 obligations, the performance of which
extend beyond the effective date
31 of withdrawal. Reinstatement following
withdrawal of any Compacting
32 State shall occur upon the Withdrawing
State reenacting the Compact or
33 upon such later date as determined by the
Interstate Commission
34 Section B. Default
35 If the Interstate Commission determines
that any Compacting State has
36 at any time defaulted (``Defaulting
State'') in the performance of any of
37 its obligations or responsibilities under
this Compact, the By-laws or any
38 duly promulgated Rules the Interstate
Commission may impose any or
39 all of the following penalties: Fines, fees
and costs in such amounts as are
40 deemed to be reasonable as fixed by the
Interstate Commission; Remedial
41 training and technical assistance as
directed by the Interstate Commis-
42 sion; Suspension and termination of
membership in the compact. Sus-
43 pension shall be imposed only after all
other reasonable means of securing
13
1 compliance under the By-laws and
Rules have been exhausted. Imme-
2 diate notice of suspension shall be
given by the Interstate Commission to
3 the Governor, the Chief Justice or
Chief Judicial Officer of the state; the
4 majority and minority leaders of the
defaulting state's legislature, and the
5 State Council. The grounds for
default include, but are not limited to,
6 failure of a Compacting State to
perform such obligations or responsibil-
7 ities imposed upon it by this
compact, Interstate Commission By-laws, or
8 duly promulgated Rules. The
Interstate Commission shall immediately
9 notify the Defaulting State in
writing of the penalty imposed by the In-
10 terstate Commission on the Defaulting State
pending a cure of the de-
11 fault. The Interstate Commission shall
stipulate the conditions and the
12 time period within which the Defaulting
State must cure its default. If
13 the Defaulting State fails to cure the
default within the time period spec-
14 ified by the Interstate Commission, in
addition to any other penalties
15 imposed herein, the Defaulting State may be
terminated from the Com-
16 pact upon an affirmative vote of a majority
of the Compacting States and
17 all rights, privileges and benefits
conferred by this Compact shall be ter-
18 minated from the effective date of
suspension. Within sixty days of the
19 effective date of termination of a
Defaulting State, the Interstate Com-
20 mission shall notify the Governor, the
Chief Justice or Chief Judicial Of-
21 ficer and the Majority and Minority Leaders
of the Defaulting State's
22 legislature and the state council of such
termination. The Defaulting State
23 is responsible for all assessments,
obligations and liabilities incurred
24 through the effective date of termination
including any obligations, the
25 performance of which extends beyond the
effective date of termination.
26 The Interstate Commission shall not bear
any costs relating to the De-
27 faulting State unless otherwise mutually
agreed upon between the Inter-
28 state Commission and the Defaulting State.
Reinstatement following ter-
29 mination of any Compacting State requires
both a reenactment of the
30 Compact by the Defaulting State and the
approval of the Interstate Com-
31 mission pursuant to the Rules.
32 Section C. Judicial Enforcement
33 The Interstate Commission may, by majority
vote of the Members, ini-
34 tiate legal action in the United States
District Court for the District of
35 Columbia or, at the discretion of the
Interstate Commission, in the Fed-
36 eral District where the Interstate
Commission has its offices to enforce
37 compliance with the provisions of the
Compact, its duly promulgated
38 Rules and By-laws, against any Compacting
State in default. In the event
39 judicial enforcement is necessary the
prevailing party shall be awarded all
40 costs of such litigation including
reasonable attorneys fees.
41 Section D. Dissolution of
Compact
42 The Compact dissolves effective upon the
date of the withdrawal or de-
43 fault of the Compacting State which reduces
membership in the Compact
14
1 to one Compacting State. Upon the
dissolution of this Compact, the Com-
2 pact becomes null and void and shall
be of no further force or effect, and
3 the business and affairs of the
Interstate Commission shall be wound up
4 and any surplus funds shall be
distributed in accordance with the By-laws.
5
ARTICLE XIII
6
SEVERABILITY AND CONSTRUCTION
7 The provisions of this Compact shall
be severable, and if any phrase,
8 clause, sentence or provision is
deemed unenforceable, the remaining
9 provisions of the Compact shall be
enforceable. The provisions of this
10 Compact shall be liberally constructed to
effectuate its purposes.
11
ARTICLE XIV
12
BINDING EFFECT OF COMPACT AND OTHER LAWS
13 Section A. Other Laws
14 Nothing herein prevents the enforcement of
any other law of a Com-
15 pacting State that is not inconsistent with
this Compact. All Compacting
16 States' laws conflicting with this Compact
are superseded to the extent
17 of the conflict.
18 Section B. Binding Effect of the
Compact
19 All lawful actions of the Interstate
Commission, including all Rules and
20 By-laws promulgated by the Interstate
Commission, are binding upon the
21 Compacting States. All agreements between
the Interstate Commission
22 and the Compacting States are binding in
accordance with their terms.
23 Upon the request of a party to a conflict
over meaning or interpretation
24 of Interstate Commission actions, and upon
a majority vote of the Com-
25 pacting States, the Interstate Commission
may issue advisory opinions
26 regarding such meaning or interpretation.
In the event any provision of
27 this Compact exceeds the constitutional
limits imposed on the legislature
28 of any Compacting State, the obligations,
duties, powers or jurisdiction
29 sought to be conferred by such provision
upon the Interstate Commission
30 shall be ineffective and such obligations,
duties, powers or jurisdiction
31 shall remain in the Compacting State and
shall be exercised by the agency
32 thereof to which such obligations, duties,
powers or jurisdiction are del-
33 egated by law in effect at the time this
Compact becomes effective.
34 Sec. 2. K.S.A. 22-4101, 22-4102
and 22-4103 are hereby repealed.
35 Sec. 3. This act shall
take effect and be in force from and after the
36 later of July 1, 2001 or upon enactment
into law by the 35th jurisdiction,
37 and its publication in the statute
book.